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HomeMy WebLinkAboutCity Council - 04/19/1983EDEN PRAIRIE CITY COUNCIL AGENDA . Tr4y, APRIL 19, 1983 COUNCIL MEMBERS: CITY COUNCIL STAFF: 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 Franc; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL . I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes from Regular City Council meeting held Tuesday, Aril 5, 1983 B. Minutes from the Special City Council meeting held Monday, April 11, 1-983 CONSENT CALENDAR • A. Approval of 1983 Staring Lake Park State Grant B. 2nd Reading of Ordinance No. 6-83, Bryant Lane name change to Century Lane 41, Page 535 Page 540 Page 542 Page 509 Page 510 Page 544 Page 547 C. 2nd Reading_y Ordinance No. 7-83, Eden View Addition street name changes/corrections D. Menard's 2nd Addendum to Developer's Agreement E. Metropolitan Waste Control Commission (MWCC1_permit Application, LaVonne Industrial Park, I.C. 52-048 -TResolution No. 83-77) F. Willow Bend Assessment Agreement (Resolution No. 83-78) . Page 548 G. Approve plans and_specifications for LaVonne Industrial Park Improve- Page 553 ments and authorize bids to be received on May 26, 1983, I.C. 52-048 7eso1ution No. 83-79) H. Final Platapproval for Rvmarland Camp 3rd Addition (Resolution No. Page 554 83-80) I. Final Plat approval for Treanor Addition (Resolution No. 83-81) J. Award contract for Edenvale Boulevard, I.C. 51-356 (Resolution No. 83-82Y Page 557 Page 559 City Council Agenda - 2 - Tues.,Apri1 19 1 1983 K. Land surveyor's certificate of correction to Sunset Trails Estates L. Receive lOr petition for construction of approximately 975 feet of Homeward Hills Road and authorize preparation of plans and specifications, 1.C. 52-033 (tesolution No. 83-84) M. Authorization to iurchase fla ale for new Public Safet Buildin N. Clerk's License List IV. PUBLIC HEARINGS A. AMERICAN BAPTIST HOMES. Planned Unit Development District to include: Amendment of Original Lake Idlewild Planned Unit Development Develop- ment Plan and Continued Interim Use of Existing American Baptist Homes Building as an Office for 3 years; 2) 2nd Reading of Ordinance No. 4-83 - Rezoning from Rural to Office; 3) Preliminary Plat of the one-acre site proposed for American Baptist Homes Corporate Headquarters Office Building; and 4) Approval of Developer's Agree- ment - PUD and Developer's Agreement for Lake 'Sake, and Adoption of Resolution No. 83-86, Approving Summary of Ordinance No. 4-83, and Ordering Publication of Said Summary. (Resolution No. 83-43 - PUD; Ordinance No. 4-83 - Rezoning; Resolution No. 83-44 - Preliminary Plat; and Resolution No. 83-86 - Developer's Agreement Summary) B. OAK PARK BUSINESS CENTER by GSB Investment, Inc. Request for Rezoning from Rural to 1-2 and Preliminary Plat of 3.3 acres into one lot and road right-of-way for Office Warehouse Use. Location: South of Valley View Road, west of Washington Avenue. (Ordinance No. 8-83 - Rezoning; Resolution No. 83-69 - Preliminary Plat) C. MURIEL HUMPHREY RESIDENCE by Louise Whitbeck Fraser Schools, Inc. Request for Guide Plan Amendment from Low Density Residential to Medium Density Residential, Rezoning from Rural to RM 6.5, and Preliminary Plat for 2.7 acres to be used as a group home for mentally retarded. Location: West of County Road #1 and Pioneer Trail intersection. (Resolution No. 83-74 - Guide Plan Amendment; Ordinance No. 11-83 - Rezoning; and Resolution No. 83-75 - Preliminary Plat) D. PAX CHRISTI CATHOLIC COMMUNITY. Request for Planned Unit Development District Review of 38 acres; Rezoning from Rural to Public; and Preliminary Plat with 25 acres for a church of approximately 19,200 square feet, and 13 acres for park land. Location: North of County Road #1, west of proposed Homeward Hills Road Extension. (Resolution No. 83-70 - PUD; Ordinance No. 9-83 - Rezoning; and Resolution No. 83-71 - Preliminary Plat) E. WILLOW BEND by Registered Properties Corporation. Request for Rezoning from RM-6.5 to R1-9.5 and Preliminary Plat of 37 acres for single family residential development. Location: Southeast corner of Baker Road and Valley View Road. (Ordinance No. 10-83 - rezoning; and Resolution No. 83-72 - Preliminary plat) F. WESTWOOD INDUSTRIAL . PARK by Bury A Carlson. Request for Planned Unit Development District and Zoning Amendment for former Westwood Industrial Park. Location: South of County Road 67 and West of St. John's Wood Townhouses. (Ordinance No. 13-83) Page 561 Page 564 Page 566 Page 567 Page 307 & 568 Page 610 Page 621 Page 633 Page 646 Page 657 3 City Council Agenda Tues.,April 19, 1983 Page 686 Page 689 Page 696 G. Change street name, Phaeton Drive to Antler Trail (Ordinance No. 12-83) PAYMENT OF CLAIMS NOS. 6977 - 7206 VI. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Recommendation for Community Theatre funding. VII. ORDINANCES & RESOLUTIONS A. Final approval for Munici .pal Industrial Development Bonds in the • amount of $900,000.00 for McGlynn Bakeries (Resolution No. 83-85) _VIIi. PETITIONS, REQUESTS & COMMUNICATIONS A. Metropolitan Waste Control Commission (MWCC) Joint Use Rental Ag r e e m e n t No. 438 (Resolution No. 83-83) O. LAVONNE INDUSTIRAL PARK by Norman Undestad. Request for Site Plan Review of 3.97 acres for an office/warehouse site. Lo c a t i o n : N o r t h Of Edenvale Boulevard, east of Chicago, Northwestern Ra i l r o a d . IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager • C. Report of City Attorney D. Report of Director of Public Works 1. Washington Avenue street maintenance and utility agreement with • Edina X. NEW BUSINESS XI. ADJOURNMENT. Page 666 Page 669 Page 674 Page 677 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 5, 1983 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie, Finance Director John Franc, Planning Director Chris Enger, Director of Public Works Eugene A. Dietz, Director of Public Safety Jack Hacking, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Wolfgang H. Penzel and Councilman George Tangen were absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda as item VIII. B. 1. Request by Eden Prairie Community Club for waiver of gambling license fee. The following items were moved to the Consent Calendar: III, K. Request from Orris & Carole Eide to extend developer's agreement on Eide's Knoll 1 year to April 5, 1984; III. L. Re uest from Universal Land Cor oration to extend develo er's agreement on La e Heights addition 1 year to April 5, 1984; II. P. Request from Larry E. Pomerleau to locate a deck & screen porch within 46 feet of Baker Road instead of the 50 foot setback required in the Cardinal Creek developer's agreement; & III. N. Clerk's License List. MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. City Council Meeting held Tuesday, March 1, 1983 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, March 1, 1983, as published, Motion carried unanimously. B. City Council Meeting held Tuesday, March 15, 1983 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday, March 15, 1983, as published. Motion carried unanimously. City Council Minutes -2- April 5, 1983 C. Special City Council Meeting held Tuesday, March 22, 1983 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Tuesday, March 22, 1983, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Allocation of Funds to Storefront Youth Action B. Change Order No. 6, City Services Project C. Award bid for Cardinal Creek 3rd Addition Improvements, I.C. 52-042 - Resolu- tion No. 83-65 D. Award bid for Lorence 1st and 2nd Addition Improvements, I.C. 52-032 - Reso- lution No. 83-66 E. Resolution of compliance with developer's agreement, Shady Oak Industrial 6th Addition, Lot 1, Block 1 (formerly 3rd Addition, Lot 3 & part of Lot 4, Block 1) - Resolution No. 83-67 F. Resolution of compliance with developer's agreement, Shady Oak Industrial Park 3rd Addition, Lot 2, Block 1 - Resolution No, 83-68 G. Approval of Addendum One to Valley Place Offices developer's agreement H. Request for approval to advertise for bids for the Staring Lake Trail Bridge I. Authorize an action against the contractor or its insurer for damages arising out of the flooding of the Water Plant J. Set Public Hearing for May 17, 1983, on Amendment to Development District No. 1 and Amendments to Tax Increment District Nos. 1, 2, 3 and 4, and Adoption of Tax Increment District No. 5 K. Request from Orris & Carole Eide to extend developer's agreement on Eide's iñfl 1 year to ril 5, 1984 (formerly VII. A.) L. Request from Universal Land Corporation to extend developer's agreement on Lake Heights Addition 1 year to April 5, 1984 (formerly VII, B.) M. Request from Larry E. Pomerleau to locate a deck & screen porch. within 46 feet of Baker Road instead of the 50 foot setback required in the Cardinal Creek developer's agreement (formerly VII. C.) N. Clerk's License List (formerly VIII. D. 1.) MOTION: Bentley moved, seconded by Anderson, to adopt items A - N on the Consent Calendar. Motion carried unanimously. c,;(e, 6'37 City Council Minutes -3- April 5, 1983 IV. PUBLIC HEARINGS A. Bryant Lane street name change (Ordinance 6-83) Director of Public Works Dietz addressed the reason for the change. There were no comments from the audience. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 6-83. Motion carried unanimously. B. Street name changes in the Eden View Addition (Ordinance 7-83) Director of Public Works Dietz addressed the rationale for the change. Archie Harju, 15619 North Eden Drive, asked if this change would affect the street names and/or the house numbers. Dietz said it would not; it would only change the names on the plats to indicate what the streets are presently named. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 7-83. Motion carried unanimously. C. Vacation of portions of Kingston Road south of Crown Drive (Resolution No. 83-63) Director of Public Works Dietz noted this vacation is proposed at the request of the adjacent property owner on the east side of the street. As a result, the City decided it would be best to vacate both sides at one time. Anderson said he felt the property owners should consent to having the stops signs which are located on these sites removed as part of the vacation resolution. City Manager Jullie said the impetus for the stop signs came from the residents in Golf View Addition. Redpath said he felt most of the residents along Kingston Road would like to see the stop signs removed, Glen Nybeck, 7250 France Avenue South, representing Lelan Woll of 14115 Crown Drive, said his client was the proponent for the vacation. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-63; Staff is directed to study the stop sign situation and report back to the City Council in the near future. Motion carried unanimously. D. Vacation of drainage and utility easements Lot 1, Block 2, Heidelberg (revised) Addition - Resolution No. 83-64 Director of Public Works Dietz stated this proposal would vacate drainage and utility easements in the Heidelberg Addition; the proponent wishes to build a switimling pool and the utility easements are not necessary. City Council Minutes -4- April 5, 1983 Lil Lindsey, 8241 Hiawatha Circle, asked about the setback requirements for the swimming pool. Dietz noted that issue will come before the Board of Variances at its meeting on April 14, 1983. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-64, vacating the utility easement on the westerly 105 feet of Lot 1, Block 2, Heidelberg revised, Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 6726 - 6976 MOTION: Anderson moved, seconded by Bentley, to approve Payment of Claims Nos. 6726 - 6976. Roll call vote: Anderson, Bentley and Redpath voted "aye." VI. REPORTS OF ADVISORY COMMISSIONS Redpath said he had heard the Community Theatre was going to request money from the Council for its summer production. City Manager Jullie said he had a call from a board member and had requested that a letter be sent to the Council with a specific request. VII. PETITIONS REQUESTS & COMMUNICATIONS A. Request from Orris & Carole Eide to extend developer's agreement on Eide's Knoll 1 year to April 5, 1984 - moved to Consent Calendar; item III. K. B. Request from Universal Land Corporation to extend developer's agreement on Lake Heights Addition 1 year to April 5, 1984 - moved to Consent Calen- dar; item III. L. C. Request from Larry E. Pomerleau to locate a deck and screen porch within 46 feet of Baker Road instead of the 50 foot setback required in the Car- dinal Creek developer's agreement - moved to Consent Calendar; item III. M. VIII, REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley noted there will be a meeting of the Waste Management Board on Thursday, April 14, 1983. This will be an all-day meeting beginning at 8 a.m. The meeting will be held at Thorson Gymnasium in Crystal. He will be unable to attend; City Manager Jullie said he will direct someone from Staff to attend. B. Report of City Manager City Manager Jullie stated the March Report of the Building Department indicated 91 new single family dwelling permits had been issued vs. 22 a year ago; during that same time period 30 multiple dwelling permits had been issued vs. 10 a year ago. The total value of permits through March 1983 is $10 million; in 1982 it was $4;2 million, Jullie noted that Naegele Sign Company had donated bill board space near the junction of TH 169 and TH 5 which shows the Public Safety Department's logo and a message regarding drinking and driving, 537 City Council Minutes -5- April 5, 1983 1. Request by Eden Prairie Community Club for waiver of gambling license fee City Manager Jullie called attention to his memorandum of March 31, 1983, in which he addressed the issue. MOTION: Bentley moved, seconded by Anderson, to waive the $40 license fee for the Community Club. MOTION: Bentley moved, seconded by Anderson, to direct Staff to determine what type of resolution might be drafted to waive the necessity for a temporary gambling license for organizations where the profits would be under a certain dollar limit. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Finance Director 1. Clerk's License List - this item was moved to the Consent Calendar as item III. N. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 8:07 p.m. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING MONDAY, APRIL 11, 1983 COUNCIL MEMBERS: CITY COUNCIL STAFF: 12 NOON, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath & George Tangen City Manager Carl J. Jullie, Finance Director John D. Frane and Recording Secretary Karen Michael Mark Weber, Eden Prairie News, was also present ROLL CALL: Councilman George Tangen was not present I. APPROVAL OF AGENDA MOTION: Redpath moved, seconded by Anderson to approve the Agenda as published. Motion carried unanimously. II. RESOLUTION NO. 83-76, REQUESTING THE STATE LEGISLATURE TO GRANT THE CITY THE POWER TO CREATE A PORT AUTHORITY City Manager Jullie explained the creation of a port authority had been dis- cussed by Representative Sidney Pauly at a breakfast sponsored by the Govern- mental Affairs Committee of the Chamber of Commerce. Pauly noted the City of Plymouth had requested that the Legislature grant it the power to create a port authority; she felt it would be possible for the Legislature to grant similar power to the City of Eden Prairie should the Council so request. Red- path asked if this would be a better vehicle for financing projects than the authority granted under the tax increment financing district approach. Finance Director Frane said the port authority legislation gives a City more powers and more latitude; there are more types of development which can be included. Jullie noted that while at one time hotels could not be financed with industrial revenue bonds, it was possible to finance hotels via port authority financing. Redpath noted this would be another tool the City would have available. Penzel said it would enable the City to create a port authority; it did not necessarily mean the City would decide to do so. MOTION: Redpath moved, seconded by Bentley, to adopt Resolutuion No. 83-76, requesting the State Legislature to grant the City the power to create a port authority. Motion carried unanimously. 6q0 City Council Minutes -2- April 11, 1983 III. OTHER BUSINESS Bentley asked if others had seen the article in the Sunday edition of the Minneapolis Star and Tribune on the survival game which had been played in Eden Prairie on Saturday; he questioned whether or not any City ordinances or permits had been violated. The concensus was to direct Staff to investigate what all is involved in the game and to see which ordinances are involved. IV. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 12:07 p.m. Motion carried unanimously. 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 le April 13, 1983 Staring Lake Park State Grant Attached is a April 2, 1983 letter from Rudy Perpich indicating that he has approved the City of Eden Prairie's application for matching State funds for the Staring Lake Park project. You may recall that earlier we had been informed that funds for this project had been delayed one year. The approval of this project means that the City will proceed with the well and septic system and construction of the restrooms and drinking fountains within the Staring Lake Park shelter. Hopefully, this project will be completed by mid-summer 1983. The estimated cost for this project is $15,000, the State will finance 42% or $6,300 of this project. BL:md rely, RUDY PERPICH Governor RUDY PERPICH GOVERNOR • STATE OF MINNESOTA orrice or TIII: (joly1CIINOU ST. PAUL 55135 ft s00' April 2, 1983 0 The Honorable Wolfgang Penzel Mayor City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mayor Penzel: I have recently approved the City of Eden Prairie's application for matching state funds for the Staring Lake Park project. I have instructed the Department of Energy, Planning and Development to release the funds as quickly as possible. One of the compelling reasons for the approval of this project was the urgent need to create jobs. It is my hope that you will take immediate steps to implement your project and put people back to work. Thank you for your cooperation and good luck with your project. Contracts will be mailed upon receipt of LAC Order. DO NOT start work until contracts have been fully signed. AN EQUAL OPPORTUNIVEMPLOYEA "C?" t.1) MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Gene Dietz, City; Engineer DATE: April 15, 1983 SUBJECT: Menard's 2nd Addendum to Development Agreement During the process of trying to obtain the final easements and right-of-way necessary for Valley View Road and Topview Road through the Menard's property, it became clear that some of the items in the original Developer's Agreement and its first amendment have become out dated. Most notibly, the Developer's Agreement requires that Menard's construct the portion of Valley View Road through their property entirely at their expense. In accordance with the feasibility report for the Major Center Area roadway system, a fixed rate of $1,000 per acre and $50 per foot was established for the project. Therefore, that segment of the Development Agreement no longer pertains to the property. This addendum further defines the easements and right-of-way necessary for Valley View Road and the Topview connection. Furthermore, the price is established for the right- of-way necessary for the Topview connection and a remnant parcel that remains after that acquisition. This price represents a cost per square foot of approximately $.42. Finally, the assessments for the utility work and roadway improvements are depicted in this addendum as well as language that would preclude the property owner from appealing the amounts to be assessed. Most of the items in this addendum will occur without action by either party. However, the attorney for Menard's feels that the updated Developer's Agreement is a desirable way of keeping the conditions on the property current. Therefore, it is recommended that the City Council adopt a motion approving the addendum as presented. GD:md q SECOND ADDENDUM TO DEVELOPER'S AGREEMENT THIS SECOND ADDENDUM TO DEVELOPER'S AGREEMENT, made and entered into as of the _ day of , 1983, by and between Mcnard, Inc., a Wisconsin corporation, hereinafter referred to as ''Owner" and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner and City entered into a Developer's Agreement as of December 5, 1978, which agreement was supplemented and amended by a First Addendum to Developer's Agreement entered into as of the day of , 1979; and WHEREAS, the Developer's Agreement contains certain provisions with respect to the construction of a portion of Valley View Road within the boundaries of the plat of Menard Addition; and WHEREAS, the parties desire to amend their respective oliligations under the Developer's Agreement. NOW, THEREFORE, in consideration of the mutual agreements herein contained, it is agreed by and between the parties hereto as follows: I. Notwithstanding the provisions of paragraph II of the Developer's Agreement, Owner shall not be obligated to construct that portion of Valley View Road within the boundaries of the plat of %Jenard Addition, nor shall Owner be obligated to install utilities within that part of Valley View Road lying within the boundaries of Nienard Addition. 2. Owner agrees to convey to City the real property described on Exhibit "A" attached hereto by a warranty deed for a cash consideration of $27,037.50 in accordance with a purchase agreement dated the day of , 1983 by and between the parties hereto. 3. Owner agrees to convey to City certain permanent and temporary easements described on Exhibit "B" attached hereto. 4. Owner consents to the levying of assessments for the installation of sewer and water to provide service to Menard Addition. The cost of the assessment was estimated in the City's feasibility study as $72,758.00. 5. Owner waives notice of the assessment hearing to be held in 1983, at which hearing the assessment referred to in paragraph 4 is to be considered by the City Council and thereafter approved and levied. Page -2- 6. City agrees that the assessments referred to in paragraph 4 to be approved and levied by the City Council shall not exceed 105% of the estimated amount set forth in paragraph 4. Owner concurs that the benefit to the property to be assessed by virtue of the improvements to be ordered by the City Council exceed the amount of the assessments to be levied against that property. 7. Owner waives all rights it may have by virtue of M.S.A. Sec. 429.081 or otherwise to challenge the amount or validity of the assessments or the procedures used by the City in levying the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the levying of the assessments in accordance with this agreement. 8. City agrees that it shall not assess f nlenard nor levy an assessment upon any of the property in Menard Addition for improvements in constructing that portion of Top View Drive between County Road 60 (Old Valley View Road) and Valley View Road as relocated within the plat of Nlenard Addition. IN WITNESS WHEREOF, the parties to this agreement have caused these presents to be executed the day and year aforesaid. OWNER: MENARD, INC., A Wisconsin Corporation BY: John R. Menard, Jr., President BY: Marvin Prochaska, Vice President CITY OF EDEN PRAIRIE, A Municipal Corporation BY: BY: Its City Manager .91 6 ATTEST: SEAL John D. Frane, City Clerk 610 April 19, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-77 RESOLUTION AUTHORIZING PERMIT APPLICATION ACC - LAVONNE INDUSTRIAL PARK) .WHEREAS, the proposed sanitary sewer to be constructed in Carlson Drive for the LaVonne Industrial Park requires a connection to the Me t r o p o l i t a n Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan, NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The City Engineer is hereby authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the MWCC. ADOPTED by the City Council on April 19, 1983. Wolfgang H. Penzel, Mayor TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: April 13, 1983 SUBJECT: Willowbend Supplemental Assessment Agreement As a result of the petition from the Arbor Glen subdivision developers, an assessment agreement was prepared and executed between the City and the Sundquist Addition developer south of Valley View Road. Essentially, that agreement (signed and dated January 27, 1983) provided for a special assessment process for the installation of sanitary sewer through the Sundquist property to serve the Arbor Glen project. Since the execution of that document, a new proposed development plan for the site has been developed - - Willowbend. The new developer for the site proposes to make the improvements for the subdivision at his cost instead of through a special assessment process. It is his contention that certain savings can be made if the project grading aeutility improvements are made by the same contractor. I have reviewed this analysis and concur with its findings. Therefore, the amendment to the assessment agreement will allow the developer of the Willowbend project to construct utilities if they meet two deadline5. First of all, the sanitary sewer improvement must be started by June 15, 1-983, and must be completed by August 15, 1983. The agreement provides that failure to meet either of those deadlines will automatically allow the City of Eden Prairie to install the improvements and assess the costs as provided in the original agreement. Although this process has been somewhat cumbersome, the only reason for these agreements has been due to the timing of the two subdivision improvement projects. I recommend that the City Council adopt Resolution 83-78 which will allow the developer of Willow Bend to install the improvements at his cost. 54/7 EAD:sg April 19, li'83 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION R83-78 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT REGRADING SPECIAL ASSESSMENT, WILLOW BEND (SUNDQUIST ADDITION) WHEREAS, the Arbor Glen subdivision improvements are planned for construction beginning in the spring of 1983; WHEREAS, the sanitary sewer connection for the Arbor Glen subdivision must pass through Willow Bend (formerly Sundquist Addition); WHEREAS, the owner of the Willow Bend (Sundquist Addition) has proposed that utility and street improvements within this property be constructed by the developer; and WHEREAS, the City Attorney has prepared an amendment to the agreement which will accommodate the City's and the Owner's needs regarding installation of the aforementioned sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The supplemental special assessment agreement for the construction of the sanitary sewer through the Willow Bend (Sundquist Addition) is approved. 2. The Mayor and City Manager are authorized to execute said agreement. ADOPTED by the Eden Prairie City Council on April 19, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk LI 9 AGREEMENT This is an agreement made this day of April, 1983, among the City of Eden Prairie, a Minn e s o t a m u n i c i p a l c o r p o r a t i o n (the "City"), Nils E. Sundquist and Robe r t a E . S u n d q u i s t ( t h e "Owner"), husband and wife, and Register e d P r o p e r t i e s C o r p o r a t i o n , a Minnesota corporation ("RPC"). A. Owner is the owner of certain real prope r t y s i t u a t e d in the City of Eden Prairie, County of H e n n e p i n , S t a t e o f M i n n e s o t a , legally described on Exhibit "A" heret o , h e r e i n a f t e r r e f e r r e d t o a s the "Property". B. RPC and Owner have entered into a purch a s e a g r e e m e n t pertaining to the Property. C. City has recently approved the platting o f c e r t a i n property situated to the north of the P r o p e r t y t o b e k n o w n a s Arbor Glen and which is legally describ e d o n E x h i b i t " B " h e r e t o . D. City and Owner have by agreement dated t h e 2 7 t h d a y o f January, 1983, filed the 17th day of Ma r c h , 1 9 8 3 , a s D o c u m e n t N o . 4778691 (the "Agreement") agreed to the c o n s t r u c t i o n o f s a n i t a r y sewer (the "Improvements") across the P r o p e r t y a n d t h e a s s e s s m e n t against the Property of the entire cos t o f t h e I m p r o v e m e n t s m a d e upon the Property. E. On March 15, 1983, City awarded a cont r a c t f o r I m p r o v e m e n t Project I.C. 52-037 to Richard Knutson, I n c . f o r t h e c o n s t r u c t i o n and installation of certain improvement s i n c l u d i n g t h e I m p r o v e m e n t s across the Property referred to in the A g r e e m e n t . F. RPC has requested that city allow it t o i n s t a l l t h e Improvements across the Property and th a t C i t y d e l e t e s a i d w o r k from the contract for Improvement Proje c t I . C . 5 2 - 0 3 7 . Agreements It is hereby agreed as follows: 1. City shall delete the construction of t h e I m p r o v e m e n t s from the contract for Improvement Proj e c t 5 2 - 0 3 7 ; p r o v i d e d , 55Q Page -2- however, City shall have the right to reinst a t e s a i d w o r k a s a part of that contract, or as part of another c o n t r a c t , o r a s a separate contract if RPC has not caused cons t r u c t i o n o f t h e Improvements to begin by June 15, 1983 and to h a v e b e e n f u l l y completed by August 15, 1983. 2. If the Improvements are constructed by RPC, th e y s h a l l be designed in accordance with City standards b y a r e g i s t e r e d professional engineer and submitted to the Ci t y E n g i n e e r f o r approval. The location of the Improvements sh a l l b e s u b j e c t t o . the approval of the City Engineer to insure t h a t t h e r e i s a p r o p e r connection with the sanitary sewer being cons t r u c t e d u n d e r I m p r o v e - ment Project 52-037. 3., Upon receiving platting approval. from Ci t y f o r t h e Property, RPC, as developer, shall enter into .a Developer's Agree- ment with City which shall require the develop e r t o s u b m i t a b o n d or irrevocable letter of credit to City guaran t e e i n g c o m p l e t i o n of the Improvements in accordance with the ter m s o f p a r a g r a p h s 1 and 2 hereof. 4. If RPC has not caused construction of the Imp r o v e m e n t s to begin by June 15, 1983 or to be fully comp l e t e d b y A u g u s t 1 5 8 1983 and City undertakes to construct and ins t a l l t h e I m p r o v e m e n t s , then the terms of the Agreement referred to a b o v e s h a l l g o v e r n a n d be given full force and effect and shall bin d R P C i n t h e s a m e manner as said Agreement binds the owner refer r e d t o t h e r e i n . 5. In the event RPC causes the construction of the Improve- ments to begin by June 15, 1983 and to be full y c o m p l e t e d b y August 15, 1983, the Agreement referred to in p a r a g r a p h C a b o v e shall be null and void, otherwise the same sh a l l r e m a i n i n f u l l force and effect. Owner executes this agreem e n t s o l e l y f o r t h e purpose of agreeing to the provisions of this p a r a g r a p h a n d for no other reason, and the parties hereto acknowle d g e t h a t t h e Owner has no rights or responsibilities under t h i s a g r e e m e n t . • 6. This agreement shall be binding upon the heirs , s u c c e s s o r s and assigns of the parties hereto. 55-1 Page -3- 7. This agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. One original shall be filed with the office of the County Recorder in and for Hennepin County, Minnesota. IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the day and year first stated. Nils E. Sundquist Roberta E. SundqUiSt REGISTERED. PROPERTIES CORPORATION, A Minnesota Corporation BY: Duane H. Dietrich Its President CITY OF EDEN PRAIRIE BY: Wolfgang H. Penzel Its Mayor BY: Carl J. Jullie Its City Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1983, by Nils E. Sundquist and Roberta E. Sundquist, husband and wife. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1983, by Duane H. Dietrich, the President -6r- Registered Properties Corporation, a Minnesota corporations on behalf of the corporation. Notary Public 552 April 19, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA *RESOLUTION NO. 83-79 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. 52-048, LaVonne Industrial Park streets and 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 Thursday, May 26, 1983, and considered by the Council at 7:30 o'clock P.M. on Tuesday, June 7, 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 April 19, 1983. . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk 563 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 L. Olson, Engineering Technician DATE: April 13, 1983 .SUBJECT: RYMARLAND CAMP 3rd ADDITION PROPOSAL: The developer, Mr. Robert A. Quam, Sr., has requested City Council approval of the final plat of Rymarland Camp 3rd Addition. The area of the plat is approximately 4.4 acres and is to be divided into 11 single family residential lots. This is a replat of part of Rymarland Camp 2nd Addition located east of W. 192nd Avenue (T.H. 101) and south of Kristie Lane in the South 1/2 of Section 7: HISTORY: Ordinance #3-83, ammending zoning (RI-13.5) and the development plan, was finally read and approved by the City Council on March 15, 1983. The preliminary plat was approved by the City Council on February 1, 1983, per Resolution #83-10. The Amended Developer's Agreement referred to within this report was executed on March 15, 1983. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: The developer has requested City installation of necessary utilites and roadways within this plat. These improvements will be installed in conformance with City standards. The 100% petition will be formally accepted by City Council upon a cash deposit of 5% of the estimated construction costs for the project being received. This amount will be applied against the assessments for the project. The street name "Debbie Lane" will be changed prior to release of the final plat. The Engineering Department will verify that the new name does not conflict with existing names. PARK DEDICATION: The requirements for park dedication are covered in the Amended • Developer's Agreement. BONDING: The requirements for bonding are covered in the Amended Developer's • Agreement. Pg. 2, Final Plat of Rymarland Camp 3rd Addition April 19, 1983 RECOMMENDATION: Recommend approval of the final plat of Rymarland Camp 3rd Addition subject to the requirements of this report, the Amended Developer's Agreement and the following: 1. Receipt of payment for street lighting in the amount of $451.80. 2. Receipt of payment for street signs in the amount of $140.00. 3. Satisfaction of street name change requirement. 4. Deposit of 5% (based on construction cost) prior to formal acceptance of 100% petition. DLO:sg 555' April 19, 1983 CITY or EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.83-80 A RESOLUTION APPROVING FINAL PLAT OF RYMARLAND CAMP 3rd ADDITION WHEREAS, the plat of Rymarland Camp 3rd Addition has been sub- mitted in the manner required for platting land gnder the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedirgs have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF . EDEN PRAIRIE: A. Plat Approval Request for Rymarland Camp 3rd Addition is approved • upon compliance with the recommendation of the City Engineer's • Report on this plat dated April 13, 1983. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- .trar of Titles for their use as required by NSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on April 19, 1983. ATTEST: 14o1fgang H. Penzel, Mayor SEAL John D. Frane, Clerk 5r)1,0 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 L. Olson, Engineering Technician PcX(0. DATE: April 12, 1983 SUBJECT: TREANOR ADDITION PROPOSAL: Mr. Guy Treanor, owner of the property, has requested City Council approval of the final plat of Treanor Addition. This plat consists of the division of a 1.6 acre parcel into 2 lots.. Lot I will consist of approximately 31,900 sq. ft. (0.73 acres) and Lot 2 will consist of approximately 24,900 sq. ft (0.57 acres). The existing home is situated on Lot 2. The plat is located south of Valley View Road approximately 700 feet east of Eden Prairie Road in the South 1/2 of Section 8. HISTORY: Zoning to RI-22 was approved through Ordinance No. 135. The preliminary plat was approved by the City Council on November 2, 1982, per Resolution 82-245. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities necessary to serve this plat have been installed. Additional assessment charges for these utilities will be necessary and will be applied upon connection. The owner has provided adequate right-of-way dedication for Valley View Road. PARK DEDICATION: A cash contribution for park dedication, consistent with the current rate at the time of building permit issuance, will be necessary. BONDING: The extension of municipal utilities and streets will not be necessary to serve this plat, therefore, bonding will not be required. RECOMMENDATION: Recounend approval of the final plat of Treanor Addition subject to the requirements of this report and the following: 1. Receipt of fee for City Engineering Services in the amount of $60.00. 2. Satisfaction of park dedication requirements. DLO:sg 9;1 April 19, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-81 A RESOLUTION APPROVING FINAL PLAT OF TREANOR ADDITION WHEREAS, the plat of Treanor Addition has been sub- mitted in the manner required for platting land wider the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have bee n duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF .EDEN PRAIRIE: A. Plat Approval Request for Treanor Addition is approved _upon compliance with the recommendation of the City Engineer's Report on this plat dated April 12, 1983. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- .trar of Titles for their use as required by NSA 462.358, Subd. 3. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on April 19, 1983. ATTEST: iblfgang H. Penzel, Mayor SEAL John D. Frane, Clerk rt-7 J). 14EMO To: Mayor Penzel and Members of the City Council From: Eugene A. Dietz, Director of Public Works Date: APRIL 15, 1983 Subject: Summary of bids for Improvement Contract 51-356 (Utility and Street Improvements - Edenvale Boulevard) Sealed bids were received at 10:00 A.M. on Friday, April 15, 1 9 8 3 for the above referenced improvement. Fourteen bids were receive d and tabulated as follows: BID BIDDER SECURITY TOTAL BID AMOUNT Kenko Construction 5% Richard Knutson, Inc. 5% Midwest Paving 5% Northdale Construction Co,Inc.5% W & G Rehbein Bros., Inc. 5% LaTour Construction 5% G.L. Contracting, Inc. 5% Barbarossa & Sons, Inc. 5% Orfei & Sons, Inc. 5% Minn-Kota Excavating, Inc. 5% Mueller Pipe Line Co. 5% Kirkwold Construction 5% Arcon Construction 5% Orvedahl Construction, Inc. 5% Engineer Estimate $ 472,203.65 $ 482,401.85 $ 488,195.10 $ 489,085.00 $ 495,169.45 $ 497,541.55 $ 500,281.08 $ 501,313.00 $ 505,387.53 $ 509,280.50 $ 511,017.30 $ 531,002.40 $ 568,313.00 $ 676,889.50 $ 585,000.00 The low bid is approximately 19% below our estimate. Recompend award of Improvement Contract 51-356 to Kenko Construction in the amount of $472,203.65. Cal 960 John D. Iran, City Clerk April 19, 1983 CITY or [DEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-82 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following inprovoments: I.C. 51-356, Utility and Street Improvements - Edenvale Boulevard bids were received, opened and tabulated according to law. Those b i d s r e c e i v e d are shown on the attached Sunnary of Bids; and WHEREAS, the City Engineer recommends award of *contract to Kenko Construction as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed . to enter into a contract with Kenko Construction in the name of the City of Eden Prairie in the amount of $472,203.65 in accordance with the plans and specifications ther,?of approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on April 19, 1983. Wolfgang H. PeriZe .1 -Major --- AlltST: SEAL r:eke -not! ag:er alcNIeds enneers pinners landscpe r.,!cheds kind sur, ems Lbor.:Aory services free- 1Vo.--3 April 13, 1983 Carl Jullie City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT SUNSET TRAILS ES1ATES Dear Carl: As per our conversation of April 11, 1983 concerning the plat of Sunset Trails Estates, enclosed please find the Certificate of Correction and a copy of the plat of Sunset Trails Estates showing the location of the corrections and the corrected measurements. To fully explain the need for the correction would be quite lengthy, but the following will give you an idea of what happened. . . . We (RCM) used the north line of Sunset Ridge and Valley Knolls Addition as they are ronuff.nted as the south line of Sunset Trails Estates. Then we set the north line of Sunset Trails Estates 726.00 north of the south line of Sunset Trails Estates, as per our client's description. Consequently, the monuments in place in the subdivisions of Sunset Ridge and Valley Knolls do not coincide with Hennepin County section monuments. Therefore in the case of the torrens property to the north of Sunset Trails Estates, the section monuments are the controlling factor; hence we have the difference in boundary location. If a more detailed description of this situation is necessary 1 would be more than happy to do so. Thank you for your time and consideration. Sincerely, Paul B. Schoborg, R.L.S. RI EKE CARkOLL :.1pILLR AMCIAIES, INC. P6S:ca En c lo s u re 1 n;11 130 9. LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT ...me of Plat:Sunset_Trails_Estates __pursuant to the provisions of M.S.A., Section 505.174, Leroy_F..Grewe, the undersigned, a Registered Land Surveyor in and for the State of Minnesota, declares as follows: I. That I prepared the plat of Sunset_Trails_Estatesdated 30 Decegber 1980_ and filed on 28 hyil_19q__:in the office of County recorder, _ Hennepin County, Minnesota, as per Document No.__ 46_39564_______, 2. That said plat contains errors, omissions, or defects in the following particulars, to-wit: North and East lines of Outlet "A"; West, North and East lines of Lots I and 9, Block_2_and_Lot_1,_3lock_1:,_the cepterline_of Grand ...View prive on theirtost_nor ..therly .culye;. and the East line of said plat and the North line of said_plat. 3. That said plat is hereby corrected in the following part'iculars, to-wit: The North line of said Plat has a bearing of North 87 degrees 45 minutes 43 seconds West. The North line of Outlot "A" is 175.22 feet in length. The Northeast line of Outlot "A" is 269.34 feet in length. The North line of Lot I, Block 1 is 160.36 feet in length. The West line of Lot 1, Block 1 is 129.09 feet in length. The East line of Lot I, Block I is 74.59 feet in length and the central angle is 25 degr, 08 minutes 22 seconds. The centerline of Grand View Drive at the North cod of said plat is 94.61 feet in length and the central angle is 37 degrees 23 minutes 04 secon The Northerly curve on the West line of Lot 1, Block 2 is 75.95 feet in length and 1 the central angle is 36 degrees 15 minutes 48 seconds. The North line of 'Lot 1, Block 2 is 156.30 feet in length. The east line of Lot 1, Block 2 is 95.47 feet in ' length. The North line of Lot 9, Block 2 is 149.94 feet in length. The fast line ut Lot 9, Block 2 is 83.53 feet in length. The Fast line of said plat is 725.25 feet in length. The East line of said plat from the intersection of the centerline of Grand View Drive with the East line of said plat to the Northeast corner of said plat is 610.23 feet in length. The North line of said plat is 1325.04 feet in length. Dated 7 /7 a 3 Registered Land Surveyor No. 12217 State of Minnesota The above Certificate of Correction to the plat of __Sunset:Trails Estates has been approved by the _ Cityjoyncil ._ __at a regular meeting of the Council (Governing Body of Twp. or City) of____ Eden Pre , Minnesota, held en the day of CTiY"Cl -erV —• Stact L •tatyn t...t •on••• ego. got Ps. S• 0, v• •waot W.> •••• loam t As t 775z NEW Z;dvs. OUT LOT " A 6 4f) a E SHEET 2 OF 2 . - • . . •. ... ,• • • . • • - - . • ' . . . •-.4.7Ket ,s,n•••-•n-•••+-7. r•—n SUNSET TRAILE-7 ESTATES . I DOC. NO John D. frane, Clerk April 19, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-84 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS I.C. 52-033 BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed street and utilities- - Homeward Hills Road between CSAH I & 975 feet north, have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer, with the assistance of Rieke, Carroll, Muller Assoc. shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on April 19, 1983. Wolfgang H. Penzel, Mayor ATTEST SEAL CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: (General Location) X Sanitary Sewer •5a:14_12:4p0F0 PL4a1 • X Watermain SEE ArAuwe/2_,J.4 ,4 -Storm Sewer set A77)4c.i.)6D Street Paving 11/OMEA4.0 #11.441g)A,eCs46g,,...la r...) Other Pursuant to M.S.A. 429.031, Subd. 3, the undersignad *hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is /7?4100 . Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served (Must be owners of record) 2(c-116- 22-ZI-1 Veit thv•cv-z. P",4;r1 - // . • • ••— — \ I • ) vt.-/Z- 2. ' 111g ,P.`IP:7:_et4,0 0,) (For City Use) Date Receive Project No. .7".p. ..-57z 7 9 33, Council Consideration4ez,G.JAic$3:7__ AGENDA ITEM - APRIL 19, 1983 April 13, 1983 TO: Carl Jullie, City Manager FROM: Jack Racking, Public Safety Director SUBJECT: Authorization to receive approval to purchase a flag pole for new Public Safety building. In the original bid that we received from Arkay Construction for the new Public Safety building, we had an alternate bid for a flag pole for the amount of $3500.00. Due to the cost of this item, it was decided that we would not ask the city council to approve this item as we felt that we could do this at a later date for a lesser amount. Since the time of the original bidding, I have been exploring several alternatives and I have finally arrived at the following. We can purchase the same flag pole that was in the original bid from Vaughn's, Inc. in Bloomington, Minnesota. Original bid from Arkay Construction included the contractors and architects fee and installation for $3500.00. We can install the same flag pole for a cost of $960.00. We are able to accomplish this by not having to pay the contractors and architects fees and no installation charge. This pole sells from Vaughn's at a cost of $1200.00 and they will sell it to the Public Safety Department for $960.00. In addition to the above, we can raise the pole into place with our aerial tower truck and the cement work will be done by two Eden Prairie fire fighters who do that type of work for a living, all at no cost to the city. I would also like to inform you that Keith Wall has been successful in obtaining Federal funding that is to be used in the new Public Safety building. The amount that has been approved will be between 40 and 50 thousand dollars. I am asking that you bring my request to the attention of the city council to receive their approval to spend $960.00 to purchase a flag pole for the new Public Safety building with the understanding that we will do the installation. DESCRIPTION: One 35 foot Executive flag pole with gold anodized aluminum ball, revolving, non-fouling aluminum truck, heavy 5/16" polypropylene halyard with two chrome plated snaphooks, cast aluminum cleat and a polished aluminum collar. Total pole length is 38'6". a../4 GAS FITTER Midland Heating & Air Conditioning HEATING & VENTILATING Midland Heating & Air Conditioning These licenses have been approved by the department heads for the licensed activity. fi Pat Solie, Licensing CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST April 19, 1983 CONTRACTOR (MULTI-FAMILY & COMM.) Gorton Construction Lambin Construction CONTRACTORS (1 & 2 FAMILY) WELL DRILLING Robert Stodola Well Co. SCAVENGER Schrader Block Co., Inc. A.A.G. Builders Classic Homes, Inc. Crask Homes Kellett Builders, Inc. Gene Mace Construction Marnie Development, Inc. Novak-Fleck, Inc. Don Roderick & Son Const. Randy Rosengren, Inc. Steiner & Koppelman, Inc. Theis Construction Robert Waade & Associates,Inc. PLUMBING Anthony Avoles, Inc. H.I.S. Plumbing Co., Inc. Lewis & Son Plumbing TYPE B FOOD Blue Bell Ice Cream, Inc. SOLIGTIOR Blue Bell Ice Cream, Inc. GAMBLING Eden Prairie Legion CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-43 A RESOLUTION APPROVING AMENDMENTS TO THE LAKE IDLEWILD PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code Section 11.40 provided for Planned Unit Developments (PUD) for certain areas located within the City, and WHEREAS, the City previously approved the Lake Idlewild PUD by Resolution 80-190, and the City and Land' Sake Inc. entered into a Developer's Agreement dated December 16, 1980, which set out terms and conditions for development on the Lake Idlewild PUD, and WHEREAS, certain amendments to the Lake Idlewild PUD have been proposed, which amendments include placing additional property within the Lake Idlwild PUD, and WHEREAS, City Planning Commission did conduct a public hearing on the request for amendments to the PUD and recommended approval of the amended PUD to the City Council, NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. That the City Council does grant approval of the amended Lake Idlewild PUD as outlined in the application material dated February 1983. 2. That the City Council's approval of said amended PUD is con- ditioned on compliance by Land' Sake Inc. and American Baptist Homes of the Midwest, Inc. with that certain Developer's Agreement-PUD entered into between Land' Sake Inc. and American Baptist Homes of the Midwest, Inc. and the City, dated 3. That the amended PUD meets the recommendations of the Planning Commission dated February 25, 1983. ADOPTED; by the City Council of Eden Prairie this day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk 667 DEVELOPER'S AGREEMENT--PUD THIS AGREEMENT, made and entered into as of by and between LAND' SAKE INC., and AMERICAN BAPTIST HOMES OF THE MIDWEST, INC., hereinafter jointly referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation hereinafter referred to as "City," WITNESSETH: WHEREAS, Land' Sake Inc. and City entered into a Developer's Agree- ment dated December 16, 1980, which set out terms, covenants, agreements and conditions for development on the Lake Idlewild Planned Unit Develop- ment, and WHEREAS, American Baptist Homes of the Midwest, Inc., and City entered into an Agreement dated May 15, 1979, which set out terms, covenants, agreements and conditions for the granting of a four-year interim use, and WHEREAS, Owner has apiAied to City to: A- Amend the Lake Idlewild Planned Unit Development which is more fully described as parcel 1 on Exhibit A, attached hereto and made a part hereof, to include additional property which is more fully described as parcels 2 and 3, Exhibit A. Parcels 1, 2 and 3 are hereinafter jointly referred to as "the property." B. Preliminary plat and rezoning from Rural to Office for parcel 2. C. Continue and extend the interim use for parcel 3. 669 NOW THEREFORE, in consideration of the City adopting Resolution 'o. 83-43, Owner covenants and agrees to construction upon, development, and maintenance of the property as follows: 1. Subject to such changes and modifications as provided herein, Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all the terms, covenants, agreements and conditions set forth in that certain Developer's Agreement entered into between Land' Sake Inc. and City dated December 16, 1980. Said Developer's Agreement is incorporated herein by this reference. 2. Subject to such changes and modifications as provided herein, 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 that certain Agreement between American Baptist Homes of the Midwest, Inc., and City dated May 15, 1979. Said Agreement is incorporated herein by this reference. 3. Owner shall plat and develop the property in conformance with the material reviewed and approved by the City Council on March 15, 1983, and attached hereto as Exhibit B subject to changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 4. All the windows, brick and wood used in structures on the property shall be of uniform type and color. 5 Owner shall erect not more than one free-standing site identi- fication sign and each module shall have no more than one sign, each sign not to exceed 50 square feet. All signs on modules and on the.American Baptist corporate headquarters building shall be wall-mounted. All signs on the property shall be of uniform type, color, style and size. 6. Prior to the issuance of any building permit for the property, Owner shall submit a plan of the proposed lighting fixtures to the City and obtain the City's approval thereof. 7. Prior to the issuance of any building permit for the property, Owner shall submit a section map to the City showing site lines and elevations from West 78th Street and Highway 169/212 and which illustrates the screening of parking areas. B. A 6'foot wide sidewalk shall be placed along all parking areas on the property, in accordance with the specifications of the City Engineer. 9. Prior to the issuance of any sign permit for the property, Owner shall submit a comprehensive sign plan to City and ob- tain the City's approval thereof. 670 Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager AMERICAN BAPTIST HOMES OF THE MIDWEST, INC. 10. Prior to the approval of the final plat, Owner shall submit utility plans, including storm water calculations, to the City Engineering Department and the Watershed District. 11. Use of the existing American Baptist Home structure shall be allowed to continue as the structure exists as of this date for an additional three years, ending on May 15, 1986. With- in this three-year period, Owner shall submit final develop- ment plans for construction of the subsequent building upon the site. These plans should be developed to assure that the office structure will fit into the overall materials and design theme of Lake Idlewild Park. Prior to construction of the new office structure, plans shall be submitted to the City for review by the Planning Commission and City Council. 12. Owner shall develop the property in accordance with the Owner's Development Framework Manual dated February 1981. Said Manual shall be amended to state in greater detail the exact materials to be used, specifying names, colors', coM- position, etc. Such amendments shall be reviewed and approved by the City prior to the issuance of any building permit for the property. 13. All buildings on the property shall have brick as their ex- texior material and the same brick shall be used throughout. 14. Window tint or color shall be identical throughout the development and Owner shall construct uniform arches above all windows. 15. Prior to the issuance of any building permit on the property, Owner shall submit a landscaping plan to the City for review and obtain the City's approval thereof. 16. Parking lot lighting fixtures and poles shall be consistent in design, type and color throughout the development. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY LAND' SAKE INC. STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknolwedged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by the of American Baptist Homes of the Midwest, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public • STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknolwedged before me this day of , 1983, by the of Land' Sake Inc., a Minnesota corporation,' on behalf of the corporation. Notary Public -4- 5.r).2 EXHIBIT A Legal Description oarcol I AMERICAN BAPTIST HOMES Tract 8, Registered Land Survey #1395; And, The North 350 feet of the East 250 feet of the Northwest Quarter of Section 14, Township 116, Range 22, except that part which lies Northerly of a line run parallel with and distant 75 feet Southerly of the following described line: - From a point on the West line of said Section 14, distant 29 feet South of the Northwest corner thereof, run Westerly at an angle of 90 degrees 31 minutes with said West section line (measured from North to West) for 171.2 feet; thence deflect to the left at an angle of 13 degrees 04 minutes for 756.2 feet to the point of beginning of the line to be described; thence run Easterly along the last described course for 100 feet; thence deflect to the right at a 01 degree 00 minute curve (delta angle 13 degrees 04 minutes) for 1306.7 feet; thence on tangent to said curve to the East line of said Northwest Quarter and there terminating. And, That part of the following described tract, hereinafter called "Tract A:" All that part of the west half of the northeast quarter of Section 14, Township 116 North, Range 22 West of the 5th Principal Meridian, described as follows: Beginning at a point on the west line of said northeast quarter 193.5 feet measured at right angles south of the north line of said northeast quarter; thence east along a line drawn parallel with said north line of the intersection of the centerline of U. S. Highway No. 169 (formerly State Highway No. 5); thence south along said centerline to the intersection of the centerline of County Road No. 2; thence southwesterly along the centerline of said County Road to the west line of said northeast quarter; thence north along the west line to the point of beginning. Except that part described as follows: Beginning at a point on the west line of the said nortlidast quarter 563.5 feet measured at right angles south of the north line of said northeast quarter; thence east along a line drawn parallel with said north line a distance of 110 feet; thence south on a line parallel with the west line of said northeast quarter of the centerline of County Road No. 2; thence southwest along said centerline of County Road to the point of intersection with said west line of said northeast quarter; thence north along said west line of said northeast quarter to the point of beginning, and except that part thereof embraced in Registered Land Survey No. 895, which lies northerly of the northwesterly boundary of the public road formerly called County Road No. 2; running in a northeasterly and southwesterly direction in the northwest quarter of the northeast quarter of said Section 14. Lying southerly and westerly of a line described as follows: Beginning at the point of intersection of the west line of the above described tract with a line run parallel with and distant 75 feet southerly of Line "A" described below; thence run easterly and southeasterly on said 75 foot parallel line to its intersection with a line run southwesterly at right angles with said line "A" from its point of termination; thence run southeasterly to the point of intersection of the northwesterly boundary of the above mentioned public road with a line run parallel with and distant 75 feet westerly of Line "8" described below and there terminating. Line "A".--Beginning at a point on the west line of said Section 14, distant 29 feet south W-60 , norihwest corner thereof; thence run easterly at an angle of 90 degrees 31 minutes Ai !id west section line (measured from south to east) for 2544.36 feet; thence deflect U) 0 1 'quit at an angle of 0 degrees, 10 minutes for 446.11 feet; thence deflect to the right on an 8 degree U minute curve (delta angle 50 degrees 0 minutes) for 625 feet and there terminating. Line "B"--From a point on Line "A" described above, distant 725 feet northwesterly of its point of termination, run easterly along said Line "A" for 100 feet; thence continue easterly on the last described course for 629.97 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 89 degrees, 45 minutes 30 seconds for 800 feet and there terminating. Together with that part of "Tract A," as previously described, which lies northeasterly of a line run parallel with and distant 75 feet southwesterly of Line 1 described below and westerly of Line 2 described below and southwesterly of a line run parallel with and distant 75 feet southwesterly of Line 3 described below. Line 1: Beginning at a point on the west line of said Section 14, distant 29 feet south of the northwest corner thereof; thence run easterly at an angle of 90 degrees 31 minutes with said west section line (measured from south to east) for 2544.36 feet; thence deflect to the right at an angle of 9 degrees 10 minutes for 446.11 feet; thence deflect to the right on an 8 degree 0 minute curve (delta angle 50 degrees 0 minutes) for 625 feet and there terminating. Line 2: From a point on the south line of Section 11, Township 116 North, Range 22 West, distant 1277.4 feet east of the south quarter corner thereof; run northwesterly at an angle of 30 degrees 27 minutes, 19 seconds with said south section line for 362.25 feet; thence deflect to the left at an angle of 90 degrees for 200 feet to the point of beginning of Line 2 to be described; thence run southwesterly to the point of intersection of a line run parallel with and distant 75 feet southwesterly of Line I described above with a line run southwesterly at right angles with said Line 1 from its point of termination and there terminating. Line 3: Beginning at a point on the west line of said Section 14, distant 29 feet TORE— of the northwest corner thereof; thence run easterly at an angle of 90 degrees 31 minutes with said west section line (measured south to east) for 2544.36 feet; thence deflect to the right at an angle of 9 degrees 10 minutes for 446.11 feet; thence deflect to the right on an 8 degree 00 minute curve (delta angle 22 degrees 00 minutes) for 275 feet; thence deflect to the right 3 degrees 10 minutes for 494.5 feet and there terminating. Together with that part of Lot 19, Auditor's Subdivision No. 335, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, and that part of town road (also known as Eden Road) which lies westerly of a line run parallel with and distant 40 feet westerly of a line run parallel with and distant 40 feet westerly of a line described as follows: Beginning at a point on the east and west quarter line of Section 14, Township 116 North, Range 22 West, distant 2557.59 feet from the east quarter corner thereof; thence run northeasterly at an angle of 45 degrees 57 minutes, 00 seconds from said east and west quarter line (measured from east to north) for 603.19 feet; thence deflect to the left on a tangential curve having a radius of 1432.40 feet and a delta angle of 43 degrees 40 minutes 45 seconds for 1091.98 feet; thence on tangent of said curve for 443.56 feet and there terminating. and which lies northerly of a line run parallel with and distant 33 feet northerly of a line described as follows: ii 1/ Beginning at a point on Line 1 described above, distant 212.2 0 f e e t s o u t h e r l y o f its point of termination; thence run westerly at an angle of 88 d e g r e e s 4 6 minutes ? .ecends from said Line 1 (measured from south to west) for 187.60 fee t ; t h e n c e &Iwo 10 ihe left nu a 1anuclai.:1 curn having a radius of 471.45 feet and a delta angle of 21 degrees 00 minutes 16 seconds for 175.04 f e e t ; t h e n c e o n t a n g e n t to said curve for 50 feet and there terminating. Together with all that part of the following described tract : The north 193.5 feet of the northwest quarter of the northeast q u a r t e r o f S e c t i o n 14, Township 116 North, Range 22 West; which lies southerly of a l i n e r u n p a r a l l e l with and distant 75 feet southerly of the following described l i n e : B e g i n n i n g a t a point on the west line of said Section 14 distant 29 feet sout h o f t h e n o r t h w e s t corner thereof; thence run easterly at an angle of 90 degrees 31 m i n u t e s w i t h s a i d west section line (measured from south to east) for 2544.36 fe e t ; t h e n c e d e f l e c t to the right at an angle of 0 degrees 10 minutes for 446.11 fe e t ; t h e n c e d e f l e c t to the right on an 8 degree 00 minutes for 625 feet and there ter m i n a t i n g , . parcel 2 The North 350 feet of the East 250 feet of the Northwest Quarter of Section 14, Townshi p 116, Range 22, except that part which lies Northerly of a line run parallel with a n d distant 75 feet Southerly of the following described line: • From a point on the West line of said Section 14, distant 29 feet South of the Northwest corner thereof, run Westerly at an angle of 90 degrees 31 minutes with said West section line (measured from North to West) for 171..2 feet; thence deflect to the left at an angle of 13 degrees 04 minutes for 756.2 feet to the point of beginning of the line to be described; thence run Easterly along the last described course for 100 feet; thence deflect to the right at a 01 degree 00 minute curve (delta angle 13 degrees 04 minutes) for 1306.7 feet; thence on tangent to said curve to the East line of said Northwest Quarter and there terminating. ( ocel 3 Tract 8, Registered Land Survey #895; OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT-PUD BETWEEN LAND' SAKE, INC. AND AMERICAN BAPTIST HOMES OF THE MIDWEST, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1983, by and between Rosemount, Inc.; Calvin A. Anderson and Helen H. Anderson, husband and wife; Paul H. Anderson and Janice Maria Anderson, husband and wife; and Mary Ellen Bland and Robert D. Bland, husband and wife, hereinafter referred to as "Owner" and thelCITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City". For and in consideration of, and to induce, City to adopt Resolution 83-43 for Amended Planned Unit Development approval, Owner agrees with City as follows: (a) If Land' sake, Inc. and American Baptist Homes of the Midwest, Inc. fail to proceed in accordance with that certain Developer's Agreement-PUD entered into by and between Land' Sake, Inc., American Baptist Homes of the Midwest, Inc., and City, dated , 1983, within 24 months of the date hereof and to provide proof of filing as required herein, Owner shall not oppose the rezoning of the property to Rural and the Amended PUD approval granted by the adoption of resolution 83-43 shall be void and of no force or effect. (b) Owner shall file this Agreement with the Register of Deeds or Register of Titles and supply City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. (c) This Agreement shall be binding upon and enforceable against c71 Owner, their successors, heirs, and their assigns of the property. Rosemount, Inc. Calvin A. Anderson Helen H. Anderson Paul H. Anderson Janice Maria Anderson Mary Elen Bland Robert D. Bland STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this , 1983, by the of Rosemount, Inc., a corporation, on behalf of the corporation. day of Notary Public -2- 6-7g Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) ss. CoUNTY OF HENNEPIN; The foregoing instrument was acknowledged before me this day of 1983, by Calvin A. Anderson and Helen H. Anderson, husband and wife; Paul H. Anderson and Janice Maria Anderson, husband and wife; Paul H. Anderson and Janice Maria Anderson, husband and wife; and Robert D. Bland and Mary Ellen Bland, husband and wife. Notary Public CITY STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager of the City of Eden Prairie, a munici- pal corporation, on behalf of the corporation. Notary Public -3- /5.79 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4-83 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, CON- TAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY 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 the land is included in the Lake Idlewild Planned Unit Development which was originally approved by Resolution 80-190 and amended by Resolution 83-43, and subject to that certain Developer's Agreement entered into as of December 16, 1980, by and between Land' Sake Inc. and the City of Eden Prairie and amended by that certain Developer's Agreement-PUD entered into as of 1983, by and between Land' Sake Inc. and American Baptist Homes of the Midwest, Inc., and City. This amended Planned Unit Development author- izes certain variances from Eden Prairie City Code Chapter 11. Such variances include the following: A. The use of wood for up to 50% of building exteriors. B. Setbacks of, 1. 20 feet from the right-of-way of U.S. Highway 169/212 for parking areas. 2. 30 feet from.the established outlet elevation 853.5 of Lake Idlewild for any building or parking area. 3. 10 feet from the right-of-way of West 78th Street for any parking area. Section 3. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Office District. Section 4. 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 Office District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. 5Y0 -2-571 Section 5. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Vinlmtion" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1983, entered into between Land' Sake Inc. and American Baptist Homes of the Midwest, Inc., and City which Agreement is made a part hereof. Section 7. 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 day of , and finally read and adopted and ordered published at a regular meeting of the Ci t y Council of said City on the day of , 1983. ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the 1983. day of EXHIBIT A LEGAL DESCRIPTION AMERICAN BAPTIST HOMES CORPORATE HEADQUARTERS SITE The North 350 feet of the East 250 feet of the Northwest Quarter of Section 14, Township 116, Range 22, except that part which lies Northerly of a line run parallel with and distant 75 feet Southerly of the following described line: From a point on the West line of said Section 14, distant 29 feet South of the Northwest corner thereof, run Westerly at an angle of 90 degrees 31 minutes with said West section line (measured from North to West) for 171.2 feet; thence deflect to the left at an angle of 13 degrees 04 minutes for 756.2 feet to the point of beginning of the line to be described; thence run Easterly along the last described course for 100 feet; thence deflect to the right at a 01 degree 00 minute curve (delta angle 13 degrees 04Alnutes) for 1306.7 feet; thence on tangent to said curve to the East line of said , Northwest Quarter and there terminating. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-44 RESOLUTION APPROVING THE PRELIMINARY PLAT OF AMERICAN BAPTIST HOMES CORPORATE HEADQUARTERS OFFICE SITE BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of the American Baptist Homes Corporate Headquarters Office Site, dated February, 1983, a copy of which is on file at the City Hall, 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 , 1983. day of Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk American Baptist CITY OF MN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-86 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 4-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 4-83 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Of EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 4-83, which is attached hereto, is approved, and the City Council finds that said text clearly informs 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 No. 4-83 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 , 1983. Wargang H. Penzel, Mayor ATTEST: Jahn D. Frane, City Clerk The following is the full text of the City of Eden Prairie Ordinance No. 4-83, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 1983. Following the text of the Ordinance, th. Developer's Agreement, which is incorporated therein by Section 6 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4-83 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 I AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CON- TAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY 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 the land is included in the Lake Idlewild Planned Unit Development which was originally approved by Resolution 80-190 and amended by Resolution 83-43, and subject to that certain Developer's Agreement entered into as of December 16, 1980, by and between Land' Sake Inc. and the City of Eden Prairie and amended by that certain Developer's Agreement -PUD entered into as of 1983, by and between Land' Sake Inc. and American Baptist Homes of the Midwest, Inc., and City. This amended Planned Unit Development author- izes certain variances from Eden Prairie City Code Chapter 11. Such variances include the following: A. The use of wood for up to 50% of building exteriors. B. Setbacks of, 1. 20 feet from.the right-of-way of U.S. Highway 169/212 for parking areas. 2. 30 feet from the established outlet elevation 853.5 of Lake Idlewild for any building or parking area. 3. 10 feet from the right-of-way of West 78th Street for any parking area. Section 3. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Office District. Section 4. 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 Office District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. 67S FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the_____ of , and finally read and adopted and orderedpublished at a regular meeting of the City Council of said City on the day of , 1983. ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor -2 - cV0 PUBLISHED in the Eden Prairie News on the 1983. day of n•n Section 5. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty f ,./7 ' .-1Alion" and Section 11.99, entitled "Violation a Misdemeanor" aie hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1983, entered into between Land' Sake Inc. and American Baptist Homes of the Midwest, Inc., and City which Agreement is made a part hereof. Section 7. This Ordinance shall become effective from and after its passage and publication. Sumuary of Developer's Agreement--PUD American Baptist Homes Developer will develop the land as described in Exhibit A, which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Performance and observance of all terms, covenants, agreements, and conditions set forth in Developer's Agreement dated December 16, 1980 for said property. 2. Development of said property in conformance with submitted materials, dated March 15, 1983, as per in Exhibit B of the Developer's Agreement. 3. All windows, brick, and wood shall be of uniform type and color. 4. Construction of one free-standing identification sign; one sign, not to exceed 50 sq. ft., for each module; all signs on modules and on American Baptist corporate headquarters building to be wall-mounted; all signs to be of uniform type, color, style, and size. 5. Submission of proposed lighting fixtures to City. 6. Submission of plans showing sites lines and elevations from W. 78th Street and Highway 169/212, illustrating screening of parking. 7. Submission of comprehensive sign plan to City. 8. Submission of utility plans, including storm water calculations, to City and Watershed District. 9. Compliance with February, 1983 Development Framework Manual, and amendments thereto, said amendments to be reviewed and approved by City prior to implementation thereof. 10. Use of the same brick is exterior material for all structures. 11. Use of identical window tint and color for all windows, uniformity of arches above all windows. 12. Submission of landscape/screening plan to City for review and approval. 13. Use of similar parking lot lighting fixtures and poles as to design, type, and color, throughout the development. 14. Rosemount Inc., has agreed, by executing an OWner's Supplement, to not oppose rezoning of the property to rural if Land 'sake Inc. and American Baptist homes fail to proceed in accordance with the said developer's agreement within 24 months. NI ice: A printed copy of this ordinance is available for inspection by any person Liu, by reyular office hours at the office of the City Clerk. ADOPTED BY the Eden Prairie City Council on , 1983. John D. Frane, City Clerk Wolfgang H. Fenzel, Mayor DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of by and between LAND' SAKE INC., and AMERICAN BAPTIST HOMES OF THE MIDWEST, INC., hereinafter jointly referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation hereinafter referred to as "City," WITNESSETH: WHEREAS, Owner has applied to City to rezone land from Rural to Office, approximately acres, more fully described in Exhibit A, attached hereto and made a part hereof, situated in Hennepin County, State of Minnesota, and hereinafter referred to as "the property;" and WHEREAS, the Lake Idlewild Planned Unit Development was approved by Resolution No. 80-190, and Owner and City entered into a Developer's Agreement dated December 16, 1980, which sets out terms and conditions for development of the Lake Idlewild Planned Unit Development; and WHEREAS, the Lake Idlewild Planned Unit Development was amended by Resolution No. 83-43 to include the property; NOW THEREFORE, in consideration of the City adopting Ordinance No. 4-83 and Resolution No. 83-44, Owner covenants and agrees to con- struction upon, development, and maintenance of the property as follows: 1. Subject to such changes and modifications as provided herein, Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all the terms, convenants, agreements and conditions set forth in that certain Developer's Agreement entered into between Land' Sake.Inc. and City dated December 16, 1980. Said Developer's Agreement is incorporated herein by this reference. 2. Owner shall plat and develop the property in conformance with the material reviewed and approved by the City Council on , March 15, 1983, and attached hereto as Exhibit B subject to changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 3. All the windows, brick and wood used in structures on the property shall be of uniform type and color. 4. Owner shall erect not more than one free-standing site identi- fication sign and each module shall have no more than one sign, each sign not to exceed 50 square feet. All signs on modules and on the American Baptist corporate headquarters building shall be wall-mounted. All signs on the property shall be of uniform type, color, style and size. 5. Prior to the issuance of any building permit for the property, Owner shall submit a plan of the proposed lighting fixtures to the City and obtain the City's approval thereof. 6. Prior to the issuance of any building permit for the property, Owner shall submit a section map to the City showing sight lines and elevations from West 78th Street and Highway 169/212 and which illustrates the screening of parking areas. 7. Prior to the issuance of any sign permit for the property, Owner shall submit a comprehensive sign plan to City and ob- tain the City's approval thereof. 8. Prior to the approval of the final plat, Owner shall submit utility plans, including storm water calculations, to the City Engineering Department and the Watershed District. 9. Owner shall develop the property in accordance with the Owner's Development Framework Manual dated February 1983. Said Manual shall be amended to state in greater detail the exact materials to be used, specifying names, colors, com- position, etc. Such amendments shall be reviewed and approved by the City prior to the issuance of any building permit for the property. 10. All buildings on the property shall have brick as their ex- terior material and the same brick shall be used throughout. 11. Window tint or color shall be identical throughout the development and Owner shall construct uniform arches above all windows. 12. Prior to the issuance of any building permit on the property, Owner shall submit a landscaping plan to the City for review and obtain the City's approval thereof. 13. Parking lot lighting fixtures and poles shall be consistent in design, type and color throughout the development. -2- 590 IN WITNESS WHEREOF, the parties to this Agreement have caused these (.resvnts to be executed as of the day and year aforesaid. CITY Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager AMERICAN BAPTIST HOMES OF THE MIDWEST, LAND' SAKE INC. ( ATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Fenzel, the Mayor, and Carl J. Jullie, the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public STATE OF MINNESOTA) Iss. COUNTY OF HENNEPIN) The foregoing instrument was acknolwedged before me this day of , 1983, by the of American Baptist Homes of the Midwest, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by the . of Land' Sake Inc., a Minnesota corporation, on behalf of the corporation. Notary Public OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN LAND' SAKE, INC. AND AMERICAN BAPTIST HOMES OF THE MIDWEST, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1983, by and between Rosemount, Inc. and the City of Eden Prairie, herein- after referred to as "City". For and in consideration of, and to induce, City to adopt Resolution 83-44 for a preliminary plat approval and Ordinance 4-83 changing the zoning of a portion of the property owned by Owner from Rural to Office as more fully described in that certain Developer's Agreement entered into as of , 1983, ,y and between Land' Sake, Inc., American Baptist Homes of the Midwest, Inc., and City, (Developer's Agreement), Owner agrees with the City as follows: (a) If Land' Sake, Inc. and American Baptist Homes of the Midwest, Inc. fail to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. (b) This Agreement shall be binding upon and enforceable against Owner, its successor, heirs, and its assigns of the property. CITY Wolfgang H. penzel, Mayor Carl J. Jullie, city Manager STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 1983, by the of Rosemount, Inc., a corporation, on behalf of the corporation. day of Notary Public STATE OF MINNESOTA) )ss; COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager of the City of Eden Prairie, a munici- pal corporation, on behalf of the corporation. Notary Public -2 -5tyl Os, SUITE 1141 - ONE APPLETREE SWAM BLOOMINGTON, MN 5542(1 TELEPHONE 512/ 054-6400 1 1 7 Landa.ke COMMERCIAL / INCIUSTRIAL / REAL ESTATE AND PROPERTY MANAGEMENT March 11, 1903 Honorable Mayor and Council Members City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN. 55343 RE: Interim Use Request for office at 7928 Eden Road Dear Mayor and Council Members: In response to your request at the March 1st Council meeting fur an outline of the intended use of the American Baptist Homes of the Mid- west, I submit the following: 1) Proposed occuppants: . Professional secretarial service and seven one person offices on the upper level. . The lower level would accomodate a service oriented company, such as a real estate development and/or sales office. 2) Proposed Improvements: . It is anticipated that the entrance on the upper level will be improved. . It is anticipated that a lower level entrance, reception area and conference room will be built in the present garage. . Because we anticipate changing the use of the garage we would expand the parking to the east on property presently owned by Land'Sake, Inc. Attached to this short outline is the proposed plan for the structure. If you should care to discuss our intentions prior to the Council meeting, please call me at home (474 -2466) or at our new office on Monday (431-7500). Thank you for your cooperation. ( Sin ei:ely you11 s: `-r- 1,1:/0.1A1- ( 1 • THOmas W. Heiberg President FEB 28 BO SUITE 1141 -ONE APPLFIRFE SOU4FIE BLOOMINGTON. MN 55420 TELEPHONE. 6121054.6400 LandSake COMMERCIAL / INDUSTRIAL / REAL ESTATE AND PROPERTY MANAGEMENT February 28, 1983 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, MN 55344 RE: Revision & Clarification of Signage at Idlewild Center Dear Chris, On behalf of Land'Sake I would like to clarify our intent in the area of project signage for the Idlewild Office Center. The clarification revolves around two specific areas. Project identification signage and corporate identification for the American Baptist Homes of the midwest. We would request a project identification sign at each entrance to the project. This sign at each location would not exceed the 50 square feet maximum area re- quirement of the city. Secondly, we would request A free standing ground mounted sign for American Baptist Homes of the midwest. This sign also would not exceed the 50 square feet maximum requirement of the city. This sign would blend with the graphics plan for the entire project. Thanks for your consideration of our request. Sinclrely kours, le1/1_ (' Iv . Thomas Heiberg President TH/bw FEB 21 1943 SUPPLEMENTAL INFORMATION FOR IULEWILU OFFICE CENTER EUEN PRAIRIE, MINNESOTA MARCH 1, 1983 Architectural Standards Overview - Five buildings, each establishing one phase of construction of Idlewild Office Center are proposed. The buildings are identified as follows: 1. American Baptist Homes of The Midwest Corporate Headquarters - Phase One. A one story, slab on grade, frame building on a relatively level site. To be owned and occupied by a single organization. Approximately 5,100 square feet in area. 2. Buildings A-1, A-2 and A-3 - Phase Two, Three and Four respectively. Two story masonry buildings with parking garages below on sloping sites. To consist of three modules each. Modules will have exposure to Lake Idlewild and share exposure to and use of a two story atrium. Approximately 29,000 square feet each. Occu- pancy will be by condominium owners. 3. Building B - Phase Five. A two story masonry building on a sloping site. One story will be exposed on the approach side and two stories exposed to the lake side with lower level "walk-out" siting. Approximately 14,000 square feet in total area. Building will be single ownership or double condominium occupancy. As illustrated in the accompanying rendered exterior building elevations it is the intention of the proposer to provide architectural continuity through the consistent use of materials and colors in all buildings and the repetition of architectural features such as brick arches and enunciated brick detail to relieve large wall areas. The buildings will also be made compatible through the use of windows of the same type and color and continuity of landscaping and exterior lighting. The same face brick will be used in all buildings. All roof top equipment will be screened from view using a type and color of material which is compatible with the building exteriors. Since Building B will have a one story exposure to Eden Road, it is anticipated that its design will be similar to American Baptist Homes, thereby carrying the architectural expression through both extremities of the site. The proposer is developer of the American Bapt i s t H o m e s s i t e and will also construct the remaining building s o n t h e s i t e . For this reason it is felt that architectural c o n t i n u i t y c a n be readily achieved, Screening A revised landscaping plan will be prepared w i t h t h e p u r p o s e of providing virtually 100% screening of parkin g l o t s o n a year 'round basis. The plan is to rely heavi l y o n t h e u s e o f coniferous plantings, berming and retaining wal l s o r c o m - binations thereof. Sections will accompany the plan, clearly indicating the efficacy of the proposed screeni n g t e c h n i q u e . 69? February 28, 1983 Planning Commission Minutes ( smbers Present: Chairman Bearman, Gartner, Hallett, Marhula, Sutliff, Torjesen IV. DEVELOPMENT PROPOSALS A. AMERICAN BAPTIST HOMES. Planned Unit Development District to include: 1) Amendment of Original Lake Idlewild Planned Unit Development, Development Plan; 2) Rezoning from Rural to Office, with possible variances on a one-acre site for the Proposed American Baptist Homes Corporate Headquarters Office Building; 3) Continued Interim Use of Existing American Baptist Homes Building as an Office for 3 years. Preliminary Plat Approval of the one-acre site proposed for American Baptist Homes Office Building. Located north, south, and east of Lake Idlewild. A continued public hearing. Staff reviewed the request of the proponent with the Commission and reviewed the Staff Report of February 25, 1983. Tom Heiberg, Land Sake, proponent for the project, and Curly Roberts, Roberts Architects, were present to discuss the amended plans with the Commission. Mr. Roberts reviewed the changes to the plans indicating that 1) The original thirteen (13) smaller buildings clustered throughout the site had been replaced with three (3) larger buildings; 2) Sidewalks had been added to the parking lot side of the buildings for perimeter pedestrian circulation and better access to parking in addition to the walkway planned at the "back" of the buildings around the lake. Mr. Roberts stated that it was the plan of the proponent to blend the architecture of the development by using the same brick on all buildings and similar windows with an "arch" design, and similar design features would be used for the proposed American Baptist Homes Corporate Headquarters Office site, and would also be used eventually on the existing Interim Use site currently owned by American Baptist Homes. At this time, there was no site plan available for the existing Interim Use site. Chairman Bearman questioned why the submission was still incomplete with respect to the information requested from the previous Planning Commission. Mr. Heiberg stated that timing was a problem from the previous Commission meeting to this one. He added that it was his feeling that screening of the parking was a difficult task on this site and the screening shown, he felt, would be adequate. 599 Planning Commission Minutes 3 February 28, 1983 Planner Inger stated that it was not always the case that the Planning Commission would review a landscape plan for a site. However, in this case, when the original plan came through with a request for front yard setback variances, Staff recognized that it would be difficult to screen the parking areas from the roads under these conditions. Proponent was still requesting those same front yard variances at this time. Planner Enger added that, if it is indeed difficult to screen the parking due to the front yard setback variances requested and previously approved, then perhaps the Commission should consider recommending against the variances. Screening of the parking is a requirement of the City Code. He added that, if the proponents would like more time to consider these facts, the Commission could postpone a recommendation to the Council until a later date. DISCUSSION Chairman Bearman pointed out that Staff had previously requested site line drawings showing the effectiveness of the screening of parking from 169 and West 78th Street, a landscape plan, and street elevations for the two thoroughfares adjacent to the site (169 and West 78th Street) in comparison to the.site itself. None of these Items were available for Commission review. Sutliff stated concern that site lines drawings for Eden Road were still not available. He added that he felt the area would have a high degree of visibility from this road. He questioned what type of slope was proposed for this area. Mr. Roberts responded that the slope would be approximately 4.5% at the Eden Road entrance, 3.75% at the central West 78th Street entrance, and approximately 1% at the other West 78th Street entrance. Torjesen questioned whether the two walkways, one around the lake and one along tht perimeter of the parking areas, were required by Staff. Planner Enger responded that Staff's opinion was that one would be adequate, the preferred one being along the perimeter of the parking areas, the proposed walkway around the lake being more optional. The lake walkway was proposed mainly as an amenity for the site. Mr. Heiberg stated that he concurred with Staff that the walkway along the perimeter of the parking areas would be the most important, and also would be the easiest to maintain during all seasons of the year. The one around the lake would likely not be maintained year-round. Hallett questioned whether the walkway connected to the walkways at adjacent sites in an effort to produce a "walkway system" in this area. Planner Enger stated that this was the eventual intent for th0 area. However, this site could not complete the connections to all adjacent sites due to intervening undeveloped properties. He added that it was the intention of the City to construct a walkway along West 78th Street for the purpose of creating such a "walkway system." Hallett stated that he felt it would be important for the 600 Phinning Commission Minutes 4 February 28, 1983 employees further west to be able to access the restaurant areas. Hallett also questioned whether this site could possibly connect the Rosemount site via walkways to the restaurants in the vicinity. Planner Enger stated that this could be done from Rosenunt's southeast corner, otherwise it would require completion of the West 78th Street walkway by the City. Hallett asked if the designation of sidewalks installed by businesses were for private use or public use. Planner Enger responded that they would be private sidewalks used by the public. Hallett stated that he felt it was important for the Commission to keep the idea of a "walkway system" in mind in review of all proposals before them in order that a complete system be established throughout the City eventually. Planner Enger asked Mr. Heiberg if they would be willing to grant a public walkway easement to the City as opposed to leaving their walkway(s) in private ownership. Mr. Heiberg stated that the easement could cause mortgage problems, but as a practical matter, he agreed that the public would use the walks. Marhula questioned the status of the "deck" that was proposed at the last meeting for building A-3. Mr. Roberts responded that the deck was proposed as an amenity for that particular building. The building accesses the lake at the underground level; therefore, the deck was located on the "second" level of that side of the building. Mr. Roberts stated that it could be eliminated, if necessary. Marhula asked the proponents to explain the proposed condominium association relationships. Mr. Heiberg stated that everyone within the PUD would be able to partake in the amenities provided by the association. On' 'a pro-rata basis, everyone would be charged for maintenance involved in the association. One difference would be that the American Baptist Homes Headquarters Office would own their own lot. The land owned by American Baptist Homes for their Headquarters Office would not be included in the association. However, American Baptist Homes would partake of the 3oenities and the maintenance involved with membership in the association. Hallett questioned whether the thoroughfares in the area were designed to handle the amount of traffic, which would result from this site. Planner Enger stated that they were. Hallett further questioned the adequacy of the parking on-site. Planner Enger responded that number of spaces were adequate for the site. There were more spaces planned for this amended plan than were proposed for the original PUD. Chairman Bearman expressed concern regarding the level of detail contained in the Development Framework Manual provided by the proponent. For example, in years to come, if a new owner were to develop the site, there may be confusion about what was meant by "traditional materials" as an exterior finish. It would be possible Plauning Commission Minutes 5 February 28, 1983 to include anything from cedar logs to the type of brick discussed by Mr. Roberts earlier as an exterior finish. He suggested that the proponents state the type and color of brick that would be used specifically to avoid such problems in the future and to assure a continuity in the appearance of the site from this time forward. He added that there were other details contained in the Development Framework Manual which he felt were equally vague. Mr. Heiberg stated that he felt the proponents were clear on what they wanted in terms of materials. However, communicating it in the manual was apparently not done adequately due to the time constraints they had from the last meeting before the Commission. Torjesen stated that he was aware of previous requests for Development Framework Manuals from proponents, but that they were not always requested. He asked Staff for a "rule of thumb" as to when such a document would be necessary. Planner Enger responded that they would be requested in situations where there would be a number of parcels proposed for multiple owners, when specific plans were not available on each lot. The purpose would be to provide for a thread of continuity throughout the project for such things as exterior finishing, etc. In particular, Staff would be looking for continuity in areas of exterior materials, signage, and landscaping. Planner Enger stated that in the case of this project, proponent could clear up the matter of detail in these areas by providing a one-to-two page letter stating the types of things mentioned earlier by Mr. Roberts in detail. He suggested that perhaps signage be left to another time since the proponent was not quite sure of what he wanted yet. At this time, proponent would be required to meet the City Code requirements for signage. The landscape plan would also be required to.provide greater detail, such as the caliper or height of plantings, slopes of berms, seeding materials, species of plantings, etc. Planner Enger stated that the Planning Commission could choose to have the landscape plan presented to them for review in the future also, if they so chose. Torjesen stated that he agreed with Staff in that he felt it was Important that the parking areas be properly screened from the roads as required by City Code. Mr. Heiberg stated that he could have the letter prepared immediately regarding the details requested for the Development Framework Manua) and asked if such a letter would be satisfactory in meeting this requirement. The Commission and Staff responded that it would. He added that they would like to keep the project moving as quickly as possible in order to start American Baptist soon. Marhula stated that he felt greater detail for the Development Framework Manual and for the landscape plan, especially the adequacy of screening of the parking areas, could be handled by Staff. Chairman Bearman asked for comments from members of the audience. There were none. Pidnning Commission Minutes 6 February 28, 1983 MOTION 1: Motion was made by Marhula, seconded by Gartner, to close the public hearing. ' Motion carried--6-0-0 MOTION 2: Motion was made by Marhula, seconded by Gartner,to recommend to the City Council approval of the Planned Unit Development District Plan of the Lake Idlewild Planned Unit Development (with setback variances), including the new site for American Baptist Homes, and continuation of the Interim Use of the existing American Baptist Homes building as an Office for three years, per plans dated January 24, 1983 and written materials dated February, 1983, and subject to the recommendations of the Staff Reports dated February 11, and February 25, 1983. It was noted in discussion of the motion that particular attention be paid to the item in the February 11, 1983 Staff Report dealing with the requirement for a Development Framework Manual. Marhula questioned whether there had been a Development Framework Manual with the original Lake Idlewild PUD. Planner Enger stated that there had not. Motion carried--5-1-0 (Chairman Bearman voted no) Hallett questioned the propriety of allowing the interim use site to continue for an additional three years. He asked Staff what was being done with other interim uses. Planner Enger responded that three years was what was stated in the draft ordinance dealing with Interim uses. . . MOTION 3: Motion was made by Marhula, seconded by Gartner, to recommend to the City Council approval of the Rezoning from Rural to Office, with variances, on a one-acre site for the American Baptist Homes Corporate Headquarters Office Building, per the plans dated January 24, 1983 and written materials dated February, 1983, and subject to the recommendations of the Staff Reports dated February 11, and February 25, 1983. In discussion, Sutliff questioned the zoning of the land upon which• the interim use was located. Planner Enger stated that it was zoned Rural and had received a first reading for rezoning from Rural to Office. Motion carried--5-1-0 (Chairman Beeman voted no) MOTION 4: Motion was made by Marhula, seconded by Gartner, to recommend to the 60 3 Planning Commission Minutes 7 February 28, 1983 City Council approval of the preliminary plat of the one-acre site for American Baptist Homes Corporate Headquarters Office Building per plans dated January 24, 1983, and written materials dated February, 1983, and per the recommendations of the Staff Reports of February 11, and February 25, 1983. Motion carried--4-2-0 (Chairman Bearman and Sutliff against) Chairman Bearman stated he voted against the last three motions for two reasons: 1) The City currently has no ordinance regarding Interim use sites, and 2) He felt the plans presented were not detailed enough and did not feel comfortable with the project based on the generalities presented by the Development Framework Manual. February 14, 1983 Planning Commission Minutes Members Present: Acting Chairman Torjesen, G a r t n e r , M a r h u l a , S u t l i f f B. AMERICAN BAPTIST HOMES. Planned Unit Development District to include: 1) Amendment of Original Lake I d l e w i l d P 1 R n n e d Unit Development Development Plan; 2) Rezoni n g f r o m R u r a l t o Office, with possible variances on a one-ac r e s i t e f o r t h e Proposed American Baptist Homes Corporat e H e a d q u a r t e r s Office Building; 3) Continued Interim U s e o f E x i s t i n g American Baptist Homes Building as an Offic e f o r 3 y e a r s , and Preliminary Plat of the one-acre sit e p r o p o s e d f o r American Baptist Homes Corporate Headqu a r t e r s O f f i c e Building. Located north, south, and east of L a k e I d l e w i l d . A public hearing. 60'S 1'1311,161g Commission Minutes 3 February 14, 1983 Staff reviewed the request of American Baptist Homes for the proposed development and reviewed the Staff Report of February 11, 1983 with the Commission. Tom Heiberg, the proponent, reviewed the history of the project with the Commission, explaining the reasons for the requests for amendment to the previous Idlewild Planned Unit Development, and the relationship of the new requests to the previously approved plans. He also discussed in greater detail the condominium arrangements to be made for ownership of the property, as well as recreation advantages which would be afforded the owners of the condominium offices. The major changes from the previous PUD included the following: 1) Reorientation of the parking areas; 2) The former clustered approach to the buildings had been changed to three single, larger structures; and, 3) Activity and orientation of the site was changed to focus more on the lake. Mr. Heiberg stated that, at this time, American Baptist Homes would also like the City to consider the extension of the Interim Use site for another three-year period. (The current approval expires May, 1983.) DISCUSSION Marhula questioned whether the proposed development would have negative effects upon the lake. ,Planner Enger stated that, while Lake Idlewild is designated as public waters, it is not subject to the scrutiny of the City's Shoreland Ordinance. The pond basically exists for the Rurposes of containing storm water run-off. Gartner questioned what the height of the structures would be upon development. Mr. Heiberg responded that the buildings would be two stories in height, with underground parking. Regarding the parking provided on-site, Mr. Heiberg pointed out that the site provided for 524 spaces, excluding the area designated for "future parking" in the southeast corner of the site. Mr. Bob Kooiman, 7936 Eden Road, stated that he felt the improvement to the property would be an asset to the area, and that he looked forward to completion of the development. Acting Chairman Torjesen questioned what the current zoning of the Interim Use site was. Planner Enger responded that the land had received a first reading for Office zoning, subject to conformance with plans submitted at the time of rezoning. The proposed plans were not in conformance with the approved plans submitted previously. Mr. Heiberg reviewed each of the recommendations of the Staff Report of February 11, 1983, indicating that the proponents would be PlInning Commission Minutes ' 4 February 14, 1983 willing to comply with the majority of the City's requests. Marhula questioned whether the American Baptist Corporate Headquarters would be included in the condominium association which would be created for the other buildings within the proposal. Mr. Heiberg stated that they would. In further discussion with the proponent's representative, the Commission requested additional information be submitted to clarify the requested amendments to the previously approved Planned Unit Development, as well as clarification of the current requests. Marhula specifically requested elevations of the existing streets be added to the plans already submitted for better comparison to the surrounding properties. MOTION Motion was made by Marhula, seconded by Gartner, to continue the public hearing in order to allow the proponent time to supply requested additional information. 07 6o7 - Parks, Recreation & Natural Rr!.ources Conwission approved -2- March 7, 1983 a. American h iylist Homes Tom Heiberg apologized for not being present at last meeting. A cumnunication problem prevented him from being there. Heiberg introduced himself as Owner of Land Sake, Inc. and Curley Roberts, with Robert Architects. Heiberg explained that American Baptist Homes currently owns a residential structure on the south side of Idlewild Lake. The organization has entered into a development contract with Land Sake, Inc., so they will be the initial owner/occupant in the proposed Idlewild Office Center. Thus, their existing lot was added to the total property proposed for development by the proponent. In contrast to the original development proposal, Heiberg said the current plan shows fewer structures with a total square footage of approximately 40,000 s.f. (as opposed to 32,000 s.f. in the first plan). Kingrey said he feels the plan shows too much "building" space and feels the proposal will take the view and use of the lake away from the City. Jessen said he feels the plan shows an abundance of building and parking lots. He said he'd like to sec a continuous public pathway around the lake (City would request public trail easement from developer), feeling this would be an attraction to surrounding businesses. • Lambert said Staff concerns with this project include; 1) lack - of pedestrian system; 2) large amount of impervious surface; 3) erosion conteol. Kingrey asked whether this Commission should be specific in landscaping recommendations. Lambert said yes--the Commission might offer direction in suggesting hedges instead of overstorY trees along the parking lots to permit a view of the lake. MOTION: Kingrey moved to recommend approval of the Idlewild Office Center proposal in accordance with Community Services Staff recommendations and in addition the inclusion of a landscape review opportunity by Staff early in the planning process. Also, it is recommended the proponent include a public pedestrian . walkway along the lake from one end of the project to the other which will eventually surround the lake and be tied to future development. Baker seconded the motion. DIWAION . Heiberg said, from the standpoint of the condominium association, he would lae to see the pathway be private instead of public. He feels confident people would not be prevented from using the path if it is private. Kingrey said ho appreciates Heiberg 's concern, but unless the path is public, the owner's would only have t.o put up a "Private" sign thus preventing the public from trespassing. Gonyea and Friederichs both said they don't see the need for a path around the lake--that the owners of the property should have control of how the property is used. Baker and Jessen both said they feel this area is part of the gateway to the Major Center Area and should not be strictly private. Jessen added that he feels reasonably sure Rosemount Engineering would be in favor of putting a pathway around their portion of the lake at some future time. MOTION VOTE: The vote was 4 in favor of the motion, 2 opposed Itonyea and Friederichs).• CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-69 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GSB INVESTMENTS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the GSB Investments, Inc., dated February 21, 1983, for purposes of an office/warehouse use, a copy of which is on file at the City Hall, 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 , 1983. day of Wolfgang H. Penzel, Mayor ATTEST: ToWn D. Frane, Cif,i—DeTR 4In March 15, 1983 Planning Commission Minutes ( mbers Present: Chairman Beaman, Hallett, Johannes, Marhula, Schuck A. OAK PARK BUSINESS CENTER, by GSB Investments, Inc. Request for Rezoning from Rural to 1-2 and Preliminary Plat of 3.3 acres into one lot and road right-of-way for Office/Warehouse use. Location: South of Valley View Road, west of Washington Avenue. A public hearing. Chairman Bearman stepped down as chair for Commission discussion and action on this item. Marhula assumed the position of Acting Chairman. Staff reviewed the request of the proponent with the Commission and reviewed the Staff Report of March 11, 1983. Greg DuMonceaux, representing the proponent, reviewed the request and site features for the proposed 40,000 sq. ft. structure. He pointed out the areas of mature trees to be saved on the site explained the natural screening inherent in the site's topographic features. The major focus for saving trees was the proposed plaza/court area at the southwest entrance to the building and along the frontage of Valley View Road. Planner Enger reviewed the recommendations of the Staff Report of Planniq Commission Minutes 3 March 15, 1983 Mar0 11, 1983 with thc Commis:jun. He stated that the Staff would recommend approval of the requested variance for the proof of parking to be within the front yard setback since the proponent was saving open space on the interior of the site. Upon improvement of Valley View Road by the County, the grades along the street were such that, with the addition of retaining walls, the parking would be adequately screened. Planner Enger stated that the mechanical equipment of the structure would be required to be screened in an architecturally integral manner with the materials of the structure itself. DISCUSSION Acting Chairman Marhula stated that he had counted only 80 parking spaces, not the stated 86 on the site. Mr. DuMonceaux stated that It was their intention to provide 86 spaces. However, at this time, they did not have a final recommendation from their arborist regarding the exact trees which could be saved on the site. Upon that final recommendation, the 86 spaces would' be finalized. Acting Chairman Marhula stated that he felt the City would be losing several significant trees if the area set aside for proof of parking was built used for parking of cars for uses on-site. Hallett questioned what the required number of spaces would be for the site. Staff responded that 115 would be required. Hallett asked what the maximum amount of office-to-warehouse ratio was for this district. Staff responded that the maximum amount of office use allowed would be 50% for this district. Hallett asked what the controls for the City were in a case where parking spaces were not provided based on such a ratio for speculative tenants. Stiff responded that parking was based upon actual occupancy use. If the occupancy use -was not known at the time of building permit, the parking required would be based on one-third office use, one-third manufacturing use, and one-third warehouse use. Hallett suggested that the building should perhaps be reduced in size in order to avoid parking problems in the future. Staff responded that the lot coverage was 28.7% for this site, which was not significantly less than the maximum 30% allowed for this district. It was pointed out that this is typical site coverage for such buildings. Staff stated that the shortage of area for parking spaces resulted from the developer's efforts in saving the mature trees on site; therefore, Staff was recommending in favor of the variance request. Hallett questioned why no pedestrian walkways had been provided in this project. Staff responded that the City had not started any pedestrian walkways in the industrial areas. When the walkway systems were initiated, the City looked at these areas of industrial usage as large spaces with no where to walk to. Staff suggested that the City perhaps could consider the feasibility of pedestrian walkway systems in the industrial areas now with different priority considering the popularity of such recreation. Planning Commission Minutes 4 March 15, 1983 Johannes questioned what. would "trigger" the need for additional parking and how the City would control the site for these purposes. Planner Enger responded that inspections would be made on a regular basis. As the building becomes more fully leased, it will be easier to determine the individual needs of each use within the structure. If, upon monitoring of the situation, it is determined by the City that more spaces are necessary, the City would require the construction of additional spaces prior to the addition of another tenant. Schuck asked what the City's experience had been in previous attempts to save trees as proposed for this site. Planner Enger stated that it was possible that the trees could be saved if the trees were protected during construction. For example, the perimeter of the trees should be fenced during construction to minimize disturbance. Jerry Portnoy, GSB Investments, stated that the only trees shown on the plans presented to the Commission were 18" in diameter or larger. However, he added, that there were more trees than that of large size which would be saved in the designated areas of the site. Acting Chairman Marhula asked for questions and comments from the members of the audience. There were none. Hallett questioned whether the City had made similar agreements with other uses in the community regarding proof of parking. Staff responded that they had and cited examples. Acting Chairman Marhula stated that he felt the plan presented was preferrable to the alternative of flattening the hill to obtain the necessary parking to meet code requirements at this time. He stated that he felt the plan had been prepared with a valid attempt to take advantage of the significant vegetation of the site. Acting Chairman Marhula added that he felt that, regardless of whether the parking was 50 ft. or 25 ft. from the right-of-way, screening of the parking would be adequate due to the grades of the roadway and the site along Valley View Road. MOTION 1: Motion was made by Hallett, seconded by Schuck, to close the public hearing. Motion carried--4-0-1 (Chairman Bearman abstained) MOTION 2: Motion was made by Acting Chairman Marhula, seconded by Johannes, to recommend to the City Council approval of the request for rezoning from Rural to I-2 of 3.3 acres, based on plans dated February 21, 1983, and subject to the recommendations of the Staff Report dated March 11, 1983, and amended plans showing 86 parking spaces in their final location. Planning Commission Minutes 5 March 15, 1983 Motion carried--4-0-1 (Chairman Bearman abstained) MOTION 3: Motion was made by Acting Chairman Marhula, seconded by Johannes, to recommend to the City Council approval of the preliminary plat of 3.3 acres for one lot and road right-of-way, based on plans dated February 21, 1983, and subject to the recommendations of the Staff Report dated March 11, 1983, and amended plans showing 86 parking spaces in their final location. Motion carried--4-0-1 (Chairman Bearman abstained) Chairman Beaman resumed the chair. MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: March 17, 1983 SUBJECT: Oak Park Business Center Development Proposal Supplemental Report to March 11, 1983 Planning Staff Report This site is significant for the Parks, Recreation and Natural Resources Commission review due to the number of mature oaks, maples, and evergreens that are located throughout the site. The proposal for this site for zoning to 1-2. The Guide Plan depicts this site as industrial. The current Zoning is rural. The developer has done a commendable job to attempt to preserve as many of the mature oaks on this site as is possible, if the site is to be developed at all. The Planning Staff Report indicates that no sidewalks or trails are planned along this portion of Valley View Road. That statement is incorrect. The City trails map that has been approved by the City Council indicates a 8 4 asphalt transportation trail along the south side of Valley View Road between Prairie Center Drive and County Road 18. The Valley View Road improvement project in this location should provide a 10' wide trail base on the south side of the road for the future construction of this trail. The rezoning is subject to cash park fees. Approximately $4,620 will be generated from this proposal. Community Services Staff recommends approval of the Oak Park Business Center as per the Planning Staff Report dated March 11, 1983. BL:md Cr.; SlArE REPORT TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner THROUGH: Chris Enger,,Director. of Planning DATE: March 11, 1983 PROJECT: Oak Park Business Center APPLICANT: GSB Investments FEE OWNERS: William and Claudia Bearman REQUESTS: 1. Rezoning from Rural to 1-2 for an office/warehouse use 2. Preliminary Plat of 3.3 acres into one lot and road right- of-way LOCATION: West of Washington Avenue and South of Valley View Road, North of Valley Place Office Condominiums Background The Guide plan depicts the site as Industrial; currently the zoning is Rural. Existing_Site Character A single family detached dwelling is currently located on the parcel. East of the site is Valley View Business Center and to the west and south is Valley Place Offices. The existing house sits on the north central area of the parcel and is at the high point with an elevatin of approximately 915. The site drains from the house to the perimeter of the parcel at 5-20% grades. Mature oaks, maples, and evergreens are located throughout the site. The proponent plans to preserve the mature vegetation along the north property line by using a retaining wall, allowing for a 20-50 ft. wide by 400 ft. long raised planting bed. The north face of the wall will be constructed with the improvement of County Road 39. The south wall facing the site is to be implemented in conjunction with the Oak Park Business Center project. Seven mature oaks ranging from 18" to 30" diameters are to be preserved at the northwest corner of the proposed building. Staff feels the preservation of these mature trees will be complimentary with the adjacent Valley Place Office site where trees were also preserved. Site Plan The proposed grading plan indicates a 10 ft. cut at the north central area of the site with a 5 ft. fill to the south. The site drains along the perimeter parking area road into catch basins and the storm water system. Some water is drained onto 64) GS8 Staff Report 2 March 11, 1983 Valley View Road. The storm sewer connects to existing lines located to the south and east. Water will be connected to the building via an existing 8" watermain located on the south side of Valley View Road. Sanitary sewer will be provided by connecting to an 8" line to the south of the site. The proponent shall meet with the Engineering Department regarding sewer, water, and drainage prior to issuance of a building permit. Proponent shall meet with the Fire Marshall regarding hydrant locations, water service, etc., prior to building permit issuance. Proponent shall also submit plans to the Watershed District for review and aprpoval prior to building permit issuance. The development of the parcel is in conjunction with the improvement of Valley View Road. This road will be lowered approximately 12 ft. to the east of the site and 2 ft. to the west. The proposed horizontal alignment of County Road 39 shifts the road bed and right-of-way to the north. The right-of-way/property line, as shown on the preliminary plat is 40 ft. from the centerline of improved County Road 39. The proposed access point, at the east lot line ana the right-of-way location, has been approved by Hennepin County. Improved County Road 39 is designed to handle the traffic capacities generated from the proposed project and adjacent sites. Any construction within the County right-of-way requires an approved utilities permit. This includes, but is not limited to, drainage improvements, utility construction, and landscaping. No sidewalks or trails are planned along this portion of Valley View Road. The proponent has placed an access drive to the adjacent parcel to the south, consistent with the Valley Place Office Developer's Agreement dated May 14, 1981. This would provide for secondary Access for fire safety. Ordinance Requirements The parcel conforms to required lot size, width, depth, height, setback, and floor area ratio requirements. The required parking for the proposal based on a one-third office, one-third warehouse, and one-third manufacturing ratio is 115 stalls. The proponent has provided 86 spaces and has provided "proof of parking" of an additional 24 spaces located within the front yard setback. The proponent feels , 86 spaces will provide the necessary parking for Oak Park Business Center's needs. A variance from the Board of Appeals will be required regarding the number of parking stalls and proof of parking within the front yard setback. The proponent shall submit a landscape plan to the City for review and approval prior to the issuance of a building permit. City Code requires screening of parking lots and mechanical areas from adjacent public roads and differing land uses. All rooftop mechanical shall be screened according to City Code. All signage is to be in conformance with City Code. corl Recunuenddlions Staff recommends approval of rezoning from Rural to 1-2 and preliminary platting of 3.3 acres for the Oak Park Business Center, based upon plans dated February 21, 1983, and subject to the following conditions: 1. A variance from the Board of Appeals be obtained regarding the number of parking spaces and proof of parking within a front yard setback. 2. A landscape/screening plan shall be submitted to the City for review and approval prior to building permit issuance. 3. All rooftop mechanical shall be screened. 4. Signage shall be consistent with the City Code requirements. 5. The proponent shall meet with the Engineering Department regarding sewer, water, and drainage prior to building permit issuance. 6. The proponent shall meet with the Fire Marshall regarding hydrant locations, water services, etc., prior to building permit issuance. 7. Plans shall be submitted to the Watershed District for review and approval prior to building permit issuance. 8. Any construction within County right-of-way shall require an approved utilities permit. 9. Right-of-way for Valley View Road as indicated on the Preliminary Plat shall be final platted and dedicated to the City. 10. The proponent shall pay the required Cash Park Fee. AU 2, DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 HENNEPIN HENNEPIN COUNTY an equal oppodunlly employer 935-3381 February 24, 1983 Mt. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - "Oak Park Business Center - GSB Investments, Inc County Road 39 Approximately 300 feet west of Shady Oak Rd. - So Side CR 39 Section 12, Township 116, Range 22 Hennepin County Na. 1066 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above site plan and found it acceptable with consideration of these conditions: -The right of way as shown on the site plan, 40 feet from the centerline OF reconsLructed County Road 39, is acceptable to Hennepin County. -The retaining wall will be constructed as shown on the reconstruction plans for CR 39. -The proposed access point, at the east lot line, is acceptable to Hennepin County. This coincides with the access location shown on reconstruction plans for this portion of CR 39. -Any new access to a county road, a change in land use or a revision to an existing access requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance permit forms. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. 6919 Mr. Chris Enger - 2 February 24, 1983 -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. ames M. Wold, P. . cerely, / m. , Chief, Planning and Programing .314W/LDW;p1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-75 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MURIEL HUMPHREY RESIDENCE FOR ADULT MENTALLY RETARDED FOR LOUISE WH1TBECK FRASER SCHOOLS, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the Muriel Humphrey Residence for adult mentally retarded for Louise Whitbeck Fraser Schools, Inc., dated September 8, 1932, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: To-Fn D. Frane, City Clerk • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-74 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Louise Whitbeck Fraser Schools, Inc. for development of a Muriel Humphrey Home for the adult mentally retarded requires an amendment of the plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 2.7 acres located west of County Road #1 and Pioneer Trail intersection be modified from Low to Medium Density Residential. ADOPTED by the City Council of Eden Prairie this day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk SEAL February 28, 1983 Planning Commission Minutes ( nbers Present: Chairman Bearman, Gartner, Hallett, Marhula, Sutliff, Torjesen D. MURIEL HUMPHREY RESIDENCE, by Louise Whitbeck Fraser Schools, Inc. Request for Guide Plan Amendment from Low Density Residential to Medium Density Residential, Rezoning from Rural to RM-6.5 for 2.7 acres, and Preliminary Plat for group home for mentally retarded. Location: West of County Road #1 and Pioneer Trail intersection. A public hearing. Planner Enger reviewed the request of Louise Whitbeck Fraser Schools, 623 Planning Commission Minutes 11 February 28, 1983 Inc. for development of their property for a group home for mentally retarded. He explained that the City Code dealing with Family Care Homes limited the number of persons living in such a home to six plus the resident care couple. There were two reasons for this: 1) There was concern with the care and treatment of the residents within the homes; and 2) The ordinance contemplated that an existing home could be purchased and used as a Family Care Home in an existing neighborhood. The request of the proponent was for a larger number of residents and a larger staff than contemplated by the Code. Dr. Robert Kowalczyk, Director of the program, gave a brief history of the purpose of such projects by his organization, explaining the needs the Fraser Schools were trying to meet in the community. He then explained the unique design of this particular structure and its functional qualities for the purposes the Fraser Schools had in mind. Dr. Kowalczyk also explained the unique features of this particular site for the structure proposed. While the structure was designed as a two-unit building, anyone travelling along County Road 1 would only be able to see one unit at a time. Staff reviewed the recommendations from the Staff Report of February 25, 1983 with the Commission. DISCUSSION Gartner questioned whether this proposal met the requirement in the Code regarding the number of Family Care Homes allowed in any neighborhood. Planner Enger stated that it did; the closest unit was in the Preserve area. Hallett questioned the usage of existing lots surrounding the site. Planner Enger stated that to the west was a single family home, a vacant parcel, a sheet metal shop„ then a a plumbing and heating shop. He staled that it was possible for these parcels all to be industrial. Hallett asked Dr. Kowalczyk if this would pose a problem for his proposed facility. Dr. Kowalczyk responded that it would not. Dr. Kowalczyk stated that a neighborhood meeting had been held by the Fraser Schools to determine neighborhood concerns, if any. The meeting was attended by only one person, a representative from the City's Human Rights Commission. Marhula questioned whether the two parcels shown on the preliminary plat were under the same ownership. Dr. Kowalczyk stated that they were. Planner Enger stated that the platting was required for dedication of the road right-of-way. When the road was realigned through this area, it split this parcel into two; therefore, platting was required. Marhula asked if rezoning was being requested for both lots. Planner Enger stated that it was just for the lot with the proposed structure, Parcel A. Prmning Commission Minutes 12 February 28, 1983 Chairman Bearman asked if the Human Rights Commission had reviewed the project. Planner Enger stated that they had, and that their concerns had already been addressed satisfactorily by the Fraser Schools. The Commission discussed staffing of the residence with Dr. Kowalczyk. He stated that there would be 24-hour coverage for the facility. Each unit would have one counselor and two assistants as direct-service staff. Indirect service staff would include a nurse and program specialist who would serve as a liaison between the community, the parents, and the program. In addition, there would be a housekeeper, dietician, and a maintenance person. Staffing ratio would be 2.5/1. State requirements were 3/1 minimum. Hallett questioned how funding was appropriated to the program. Dr. Kowalczyk stated that the majority of the funding was from federal sources, some from the state and county, and a small portion from the families of the residents. Chairman Bearman asked if the residents of the .facility were able to function in jobs. Dr. Kowalczyk stated that one of the purposes of this particular facility was to prepare and train the residents for jobs. The average length of time a resident would be in this program would be 18 months, after which time they would be considered for advancement into a less supervised situation. Torjesen questioned what the per diem cost was for such a facility. Dr. Kowalczyk replied that their programs average $65.00 per day per resident. By comparison, he added, the State hospitals cost $160.00 per day per resident. Chairman Bearman asked if their were questions or comments from members of the audience. There were none. Sutliff questioned whether the proposed use met the parking requirements of the City Code. Planner Enger stated that it did. Sutliff asked if there would be adequate parking for visitors, as well as staff. Ron Krank, architect for the proponent, stated that was adequate space available. It would be an unusual circumstance where all parking places for staff members would be in use. If so, there was adequate space available as there would be within the driveway of a single family home for visitors. MOTION 1: Motion was made by Gartner, seconded by Torjesen, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Hallett, to recommend to the 6gS Planning Commission Minutes 13 February 28, 1983 City Council approval the Guide Plan Amendment from Low Density to Medium Density Residential for Parcel A of the Muriel Humphrey Residence of Louise WhitbeckFraser Schools, Inc. per the plans dated January 21, 1983 and written materials dated February 7, 1983, and subject to the recommendations of the Staff Report dated February 25, 1983. Motion carried--6-0-0 MOTION 3: Motion was made by Gartner, seconded by Marhula, to recommend to the City Council approval of the Rezoning from Rural to RM-6.5 and Preliminary Plat of 2.7 acres, Parcel A, to be used as a group home for mentally retarded, per the plans dated January 21, 1983 and written materials dated February 7, 1983, and subject to the recommendations of the Staff Report dated February 25, 1983. Motion carried--6-0-0 MEMO TO: Mayor and City Council FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Director of Planning DATE: April 13, 1983 Re: FLYING CLOUD ADVISORY COMMISSION REVIEW OF HUMPHREY RESIDENCE The proposed Humphrey Residence on Co.Rd. 1 is within the Safety Zone C of Flying Cloud Airport. The Flying Cloud Advisory Commission did review and discuss the Humphrey Residence use in relation to the conditions and uses permitted in Zone C. At their March 2nd meeting the Commission recommended approval of the use to the City Council based upon its conformance with Zone C regulations, ie:"it will not create or cause interference with the operation of radio or electronic facilities on the airport". The Commission expressed their belief that the Humphrey Residence would be a compatible use in Zone C of Flying Cloud Municipal Airport. JJ:jj ‘,27 SiAfF HLPURT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT & FEE OWNER: Planning Commission Stephen Sullivan, Assistant Planner Chris Enger, Director of Planning February 25, 1983 Muriel Humphrey Residence for Mentally Retarded West of County Road 1 and Pioneer Trail Intersection Louise Whitbeck Fraser Schools, Inc. REQUESTS: 1. Guide Plan Amendment from Low Density, to Medium Density Residential 2. Rezoning from Rural to RM-6.5 3. Preliminary Plat of 2.7 acres Background A Family Care Home currently exists at Preserve Boulevard and Anderson Lakes Parkway. Approval was granted for three structures for twelve residents, plus house parents. Staff feels that this development does provide a high quality residential opportunity for residents with necessary supportive needs. The test of time has demonstrated that such a land use is compatible with the surrounding neighborhood and the City's needs and growth: The City code defines a "Family Care Home" as: "a residential structure typical of those in the neighborhood having a maximum of six residents needing the adult care and supervision of a 'Supervised Residential Program,' or 'Social Rehabilitation Program,' plus a minimum of two or more adults who operate the dwelling unit as a family home. The 'Family Care Home' typically may be a single family detached dwelling, attached townhouse, rental or owned apartment, or similar unit to those of the immediate neighborhood where it is located. The unit must be acceptable to the licensing requirements of the State of Minnesota, Federal Government, or other governmental licensing agency, and meet the requirements of the State Building Code." Family Care Home opportunities are provided within the Community on a dispersed site basis in order to prevent concentrations of such specialty housing in any neighborhood. The Family Care Home ratio shall not exceed 3% of the total dwelling units of the neighborhood as defined on the Neighborhood Sector Map. The proposed development is within Sector 13. There are 728 existing/proposed units within Sector 13. The development does not exceed the Family Home Care Ratio. ,71 ,,aff Report -2- February 25, 1983 Murlei Humphrey Hume The proponent is requesting approval for a 7,918 sq. ft. building for sixteen mentally retarded adult residents and staff. Eight of the residents will be ambulatory handicapped individuals (severely mentally retarded). The Guide Plan depicts this area as low density residential. The current zoning is Rural. The proponent is requesting the RM-6.5 District. The submitted floor plan drawing indicates one structure for sixteen residents. A Family Care Home unit, by Code, shall consist of not more than six unrelated adults or children, plus staff. The RM-6.5 District allows multiple family attached dwelling units for a Family Care Home. A variance from the Board of Appeals will be required regarding the proposed number of residents within a detached single structure. Existing Site Character The majority of the site is flat, except along the south and east perimeter, where 3:1 slopes with a 15 ft. vertical range were graded with County Road #1 ( irovements. The site offers no significant vegetation or wildlife value. The Hennepin County Soil Survey indicates Dickman Soils, which are conducive for development. Ordinance Requirements The site conforms to required setbacks, minimum lot size, and floor area ratio requirements. The parking requirement for a Family Care Home is evaluated and determined per each individual project. The site plan indicates eight parking stalls with two double garages. Staff includes a house counselor, two counselor assistants, program specialist, nurse, dietician, cook, housekeeper, and a maintenance person. Nine staff people could potentially be at the school at one time (not including visitors). Allowing one of the four garage spaces for van parking, this leaves a total of eleven spaces. The proponent shall submit a landscape plan to the City for review and approval, prior to the issuance of the building permit. The City Code requires screening of parking lots and mechanical areas from adjacent public roads and differing land uses. ( e architecture proposed is residential in design and is large in scale in .omparison to the existing and proposed surrounding residences. The landscape plan shall use plan material and/or berming to soften the scale of the structure. A detached single family home exists on the parcel directly west of the site. The 62 9 Report -3- February 25, 1983 • 1 Humphrey Home proponent shall include in the landscape plan measures to buffer and screen the proposed site and structure from the adjacent resident. The Guide Plan depicts this area for industrial. Signage shall be in conformance with the City Code. The site is located in Flying Cloud Airport Safety Zone C. The proponent cannot, in any way, create radio interference or provide lighting, which would influence the maneevering of aircraft. Site Plan The proposed grading indicates a finished floor elevation of 890.5. The proponent wishes to steepen the slope along improved County Road #1 from a 3:1 to a 2:1 in order to provide additional open space adjacent to the structure. The proponent shall submit information to the City prior to building permit issuance regarding treatment of the slope, erosion control, plantings, maintenance, etc. Staff requests the proponent to place a fence or a dense planting barrier along the steepened slope as a safety feature. The site drains to a ditch along improved County Road #1. Sanitary sewer to the proposed site is accessed from an existing line at Yorkshire Lake. An alternate system could be utilized from the west of Creek Knoll Road. This system could ultimately serve a larger area. Water service is proposed via a 16" main on the north side of Pioneer Trail. Storm water would be handled by existing ditches along County Road #1 and Pioneer Trail. The proponent shall meet with the Engineering Department regarding sewer, water, and drainage prior to the issuance of a building permit. Access to the site is from Pioneer Trail. The proponent shall obtain the approval and necessary permits from Hennepin County prior to issuance of a building permit. The proponent shall submit plans to the Watershed District for review and approval prior to the issuance of a building permit. A path along the north side of Pioneer Trail connects to Staring Lake Park, Flying Cloud Athletic Fields, and a convenience store. The proponent shall pay the required Cash Park Fee prior to issuance of a building permit. Recomnendations Staff recomnends approval of the Guide Plan Amendment, rezoning from Rural to RM- 6.5, and preliminary plat for the Muriel Humphrey Residence, subject to the proponent meeting the following conditions: 1. The proponent shall request a variance from the Board of Appeals regarding the number of residents within a detached single structure for a Family Care Home. 630 ( .aff Report Ooriol Ht:phrey Home -4- February 25, 1983 2. Prior to issuance of a building permit, the proponent shall: a. Meet with the Engineering Department regarding sewer, water, and drainage. b. Submit a landscape plan which accomplishes the following: 1. Screens parking and mechanical areas from adjacent residents and public roads. 2. Softens the architectural scale of the structure. 3. Provides a buffer and screen from the adjacent resident to the west. 4. Provides detailed information on the treatment of the south and east slopes. This shall include sodding and staking of the 2:1 slope area. 5. A fence or dense planting barrier to be placed at the top of the proposed 2:1 slope area for safety concerns. c. Submit plans to Hennepin County and the Watershed District for review and approval. d. Pay the required Cash Park Fee. 3. Proponent shall meet the requirements of the City's Airport Safety Zone. HLNNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av, South Hopkins, Minnesota 55343 935-3381 . February 23, 1983 Mt. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - "Muriel Humphrey Residence for Mentally Retarded" CSAH 1 Approximately 150 feet West of CSAH 1 & Pioneer Trail Intersection Section 26/27, Township 116, Range 22 Hennepin County Plat No. 1062 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -NO additional right of way required by Hennepin County at this time in the area of this plat. -All access must 1)9. via Pioneer Trail as shawl on the site plan dated 1/21/83. No direct access to CSAH 1 will be granted by Hennepin County. -All proposed construction within County right of way requires an approved utility permit prior to 'beginning construction. This includes but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, 9 • James M. Weld, P.E. Chief, Planning and Programming JTIVLDW:p1 HENNEPIN COUNTY an equal opportunity employer (deli CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ' RESOLUTION #83-70 A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Cevelopmunt (PUD) of certain areas located within the City; and, WHEREAS, the Pax Christi Catholic Church PUD is considered a proper amendment to the Comprehensive Guide Plan; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Pax Christi Catholic Church PUD Development and considered their 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 April 19, 1983; NOW, THEREFORE, BY RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Pax Christi Catholic Church development, 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 February, 1983. 3. That the PUD Development meet the recommendations of the Planning Commission dated March 15, 1983. ADOPTED by the City Council of Eden Prairie this day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: 33ErT D. Frane, City Clerk 633 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-71 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PAX CHRISTI CATHOLIC CHURCH BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Pax Christi Catholic Church, dated February, 1983, for purposes of a church and park land, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Edcn Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the , 1983. day of Wolfgang H. Penzel, Mayor ATTEST: John D. fine, City Thk 634 March 15, 1983 Planning Commission Minutes Vombers Present: Chairman Bearman, Hallett, Johannes, Marhula, Schuck B. PAX CHRISTI CATHOLIC COMMUNITY. Request for Planned Unit Development District Review of 38 acres; Rezoning from Rural to Public; and Preliminary Plat with 25 acres for a church of approximately 19,200 sq. ft., and 13 acres for park land. Location: North of County Road #1, west of proposed Homeward Hills Road Extension. A public hearing. Staff reviewed the request of the propnnent and the recommendations of the Staff Report of March 11, 1983. Patrick Dady, member of the Pax Christi Building Committee, and Steve Urbar, Be Architects, explained the request in greater detail to the Commission. Planner Enger stated that the Staff was recommending denial of the request for a variance to accommodate a wind generator on the site. He stated that it would visually impact the natural creek corridor and would be very visible from surrounding residential development. Also, the proponent had provided no information for the wind generator with the submission materials. It was pointed out that the proponent was requesting that the City accept the north parcel as fulfillment of the park dedication requirement. However, Staff stated that City policy was to accept land for such purposes only if the property was part of the active park system. This parcel was not part of the active park system. It would be referred to the Parks, Recreation, and Natural Resources Commission for review and recommendation, Regarding the trail proposed along Homeward Hills Road, Planner Enger stated that a site of this size would require a five-foot wide sidewalk per City policy. The City has already constructed such a path along County Road #1. The proponent would be responsible for the trail along Homeward Hills Road. DISCUSSION Hallett asked if the trail along County Road #1 existed along the Planning Commission Minutes 6 March 15, 1983 the entire length of the proponent's property fronting County Road #1. Staff responded that it did. Staff recommendation was for an eight-foot bituminous path along the west side of Homeward Hills Road to the north church site property line, and that the proponent grade a ten-foot wide pad for future continuation of the path to within 50 ft. of the creek flowage. The City would be responsible for the difference in cost between an eight-foot bituminous trail and the five-foot wide sidewalk. At this time, the trail would not cross the creek, but a crossing was planned for the future. Marhula questioned what the status was of the previous plans of the proponent for townhouses in the center of the site. Mr. Dady stated that such plans had been abandoned. Marhula asked if churches had been required to pay cash park fees in the past. Staff responded that they had. Tim Culp, 8924 Darnell, stated that the proposed park of Pax Christi abutted an existing City park. Chairman Bearman questioned whether the assessments for the project had been based on the current plans of the proponent. Staff responded that they were. Johannes questioned what the time frame would be for completion of Homeward Hills Road. Staff responded that the City as in the process of preparing a Capital Improvements Program for road construction. There was no definite date for the completion of this project. Johannes asked if it would be possible to provide trail access from the northwest portion of the property instead of requiring the existing neighborhood to the northeast to access the park via the trail along County Road #1. He stated that he felt this would be a safer method of accessing the park than along a thoroughfare. Staff responded that they would refer this suggestion to the Parks, Recreation, and Natural Resources Commission. Chairman Bearman asked for comments and questions from members of the audience. There were none. ATION 1: Motion was made by Marhula, seconded by SChuck, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Marhula, seconded by Hallett, to recommend to the Council approval of the PUD District with variances, except for the 120 ft. wind generator, and Rezoning from Rural to Public, for the main building height and exterior materials, based upon plans dated Planning Commission Minutes 7 March 15, 1983 February 21, '1983, and subject to the recommendations of the Staff Report dated March 11, 1983 and the recommendations of the Hennepin County Department of Transportation. Motion carried--5-0-0 MOTION 3: Motion was made by Marhula, seconded by Schuck, to recommend to the Council approval of the Preliminary Plat for Pax Christi Catholic Church into two lots, one 25 acres and one 13 acres, plus road right-of-way, based upon plans dated February 21, 1983, and subject to the recommendations of the Staff Report dated March 11, 1983 and the recommendations of the Hennepin County Department of Transportation. Motion carried--4-1-0 (Chairman Dearman voted against) Chairman Bearman stated that he voted against as he questioned the assessment policy to be used for this property. Chairman Bearman declared a ten-minute recess at 9:25 p.m.; the meeting was reconvened at 9:35 p.m. 6 3'7 MEMORANDUM TO: FROM: DATE: .SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services March 17, 1983 Pax Christi Catholic Church Development Proposal Supplemental Report to the March 11 Planning Staff Report The Parks, Recreation and Natural Resources Commission should review several issues regarding the Pax Christi Catholic Church propsoal. The review of the grading plan and vegetation removal is adequately covered in the March 11 Planning Staff Report. The Community Services Staff feel that the developer has used a very sensitive approach to developing this site and will preserve the majority of the site and as much significant vegetation as is possible. The developer has proposed to dedicate 11.2 acres in the northern portion of the site. The majority of this dedicated property will be floodplain of Purgatory Creek. The Community Services Staff recommend that the City accept this dedication which would expand the Creekwood Park boundary to south of Purgatory Creek. This would add an additional 11 acres of Purgatory Creek floodplain that would conform to the Purgatory Creek Study, and ensure preservation of this portion of the creek valley. The City has developed a plan for assessing the church a fair share portion of the construction of Homeward Hills Road north of County Road 1.. This fair share portion would construct Homeward Hills Road north to approximately the boundary of the dedicated park portion and would grade the roadbed to within 50' of Purgatory Creek. As a portion of this road project, an 8' asphalt bikeway would be constructed on the west side of Homeward Hills Road. Community Services Staff requests that this 8' asphalt bikeway be extended to within 50' of the creek with this road project. Upon completion of this portion of the trail, the City would move the temporary bridge crossing to this location and would construct a gravel based trail from the bridge crossing to the active use arcs of Creekwood Park. This pathway would provide pedestrian and bicycle access to Creekwood Park for not only the Creekwood residents and the Hillsboro residents, but also for those people attending the church that might want to program outdoor activities that require the facilities that are available at the park. In the future when Homeward Hills Road is extended north to Sunnybrook Road a permanent creek crossing, as well as a hard surface trail will be completed to the active use area of the park. DL:md 631 STAFF REPORT TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: March 11, 1983 PROJECT: Pax Christi Catholic Church APPLICANT & FEE OWNER: Pax Christi Catholic Church LOCATION: North of County Road 1, west of proposed Homeward Hills Extension REQUESTS: 1. Planned Unit Development District Review with variances -Maximum height requirements for main structure and wind generator -Use of wood as an exterior material for structure 2. Rezoning from Rural to Public 3. Preliminary Platting of 24.1 acres for a church site and 11.2 acres for parkland Background The project was previously approved for a PUD Concept. The concept development plan was to divide the parcel into three lots: a church site along County Road 1, multiple residential within the central portion of the parcel, and parkland along the north section of the site. The proponent has revised the concept development plan to now include two lots: a church site within the south two-thirds of the site and parkland to the north. The current zoning is Rural with Floodplain along Purgatory Creek. The Guide Plan depicts the parcel as Low Density Residential. Existing Site Character The site drains from the south to the north into Purgatory Creek. North of County Road 1 slopes range from 2-7%. Slopes of 14-26% exist in the central portion of the site along d north-facing ridge. The north one-third of the site contains Purgatory Creek and its floodplain. The 100-year floodplain elevation is 809. The parcel is currently covered with meadow grasses with several pockets of 639 ''ax Christi Catholic Church 2 March 11, 1983 saplings. Mature trees exist along the south and east portions of the site. The proponent has preserved the majority of these trees to the south by careful parking 'lot orientation and design. The mature trees along the east property line will be lost with the extension of Homeward Hills Road. A pine plantation exists west of the church site parking area. These pines will be preserved. Approximately two- thirds of the site will remain undisturbed, thus maintaining the existing vegetation, slopes, and wildlife habitat. The Hennepin County Soil Survey indicates Dickman Sandy Loam soil type which is generally conducive to development. Site Plan Approximately 25% of the site will be altered with grading. Cutting and filling ranging from 2 ft. to 7 ft. is proposed for the church site. An amphitheater is proposed on site which is within the transition zone of the Purgatory Creek Study. The extension of Homeward Hills Road proposes maximum slopes of 7.5%, with cuts up to 10 ft. The City is working with Pax Christi for a cost-feasible installation of Homeward Hills Road. The present proposal addresses grading the road bed and slopes to within 50 ft. of the creek flowage and the completion of 975 lineal feet of finished road from Pioneer Trail. This is to also include sewer and water mains as equired. Mutual agreement between Pax Christi and the property owner to the east in regards to the proposal has not been obtained. The continuation of Homeward Hills to Sunnybrook will be dune in the future at City expense. The construction timetable for the project will be according to a Capital Program Budget process. A 5 ft. sidewalk is required along Homeward Hills Road for the site itself. The Community requirement would be an 8 ft. bituminous path. Staff recommends that the proponent place an 8 ft. bituminous path be placed along the west side of Homeward Hills road to the north church site property line and grade a 10 ft. wide pad for future continuation of the path to within 50 ft. of the Creek flowage. The Cit.), would be responsible for the difference in cost between an 8 ft. trail in lieu of a 5 ft. sidewalk. Parking lot drainage will be directed toward catch basins and piped to two proposed sedimentation ponds. Water service to the site will be looped from an existing main along County Road 1 to a main along Homeward Hills Road, which is proposed to run the entire length of the church property. Sanitary sewer will run from the church, northeast to the Metro Interceptor. Information regarding sewer, water, and storm water shall be submitted to the Engineering Department for review and approval prior to building permit issuance. Transportation Homeward Hills Road will be a 32 ft. wide minor collector with an 80 ft. right-of- way, which is designed to handle the traffic capacities generated from the proposed site. Access to the parcel from County Road 1 is directly across from Portal Drive, in accordance with Hennepin County recommendations. Two additional access drives are proposed off the Homeward Hills Road extension. The proponent has provided 17 ft. of additional right-of-way along County Road 1 per Pax Christi Catholic Church 3 March 11, 1983 County's request. Park The proponent shows platting of the northern 11.2 acres of the parcel as parkland, which is to be given to the City in lieu of the Cash Park Fee. This approach was initiated by the proponent. The proponent shall meet with the Director of Community Services prior to the Parks, Recreation, and Natural Resources Commission meeting to discuss the fulfillment of the Park Dedication obligation. Creekwood Neighborhood Park lies to the north of the site. Facilities include a tennis court, multi-use court, and ballfields. Ordinance Requirements The proposed development conforms to the required setbacks. The 25 ft. setback to parking from Homeward Hills Road is in conformance with the City Code corner lot zoning provision. The site is located in Flying Cloud Airport Zone C. The proponent cannot, in any way, create radio interference or provide lighting which would influence the manuevering of aircraft. The church building is to have a height of 40 ft., the bell tower, 50 ft., and the proposed wind generator, 120 ft. The church building exceeds the City's 30 ft. maximum height requirement. The bell tower is within the 55 ft. maximum height requirement. The height of the wind generator exceeds the 55 ft. height requirement. The proponent did not provide any supplementary information supporting the variance for the wind generator under the confines of the PUD. The height exceeds the City Code maximum by 100%, plus. Staff recommends denial of the variance for a 120 ft. wind generator due to the lack of supportive information, its location within the transition zone of Purgatory Creek, and its extreme height. City Code prohibits the use of wood as an exterior finish on public buildings. The proposal requests the use of wood siding on the main structure. The proponent has provided the required 400 parking spaces. The proposal is within 300 ft. of the flowage of Purgatory Creek, and is designated as an abutting lot per the Shoreland Ordinance. The project is in conformance with the Shoreland Ordinance, with the exception of the maximum height requirement of 30 ft. The proposed church building and parking lots are within the transition zone of the Purgatory Creek Study. The development shall not visually encroach, nor alter, sight lines from the creek corridor. The proponent shall provide screening of the parking area from Purgatory Creek. A landscape/screening plan shall be submitted to the City providing screening of all parking and mechanical areas from the adjacent public roads and surrounding residential areas. The proponent shall submit plans to the Watershed District for review and approval regarding erosion control and sedimentation ponds prior to building permit issuance. 6t/I Pax Christi Catholic Church 4 March 11, 1983 Signage shall conform to City Code requirements. RECOMMENDATIONS Staff recommends approval of the PUD District Review with variances for the main building height and exterior materials, rezoning from Rural to Public, and the Preliminary Plat, based upon plans dated February 21, 1983, subject to the following conditions: 1. Proponent cannot create radio interference, nor provide lighting which would influence the manuevering of aircraft. 2. The development shall not visually encroach upon the creek corridor or slopes. Parking areas shall be screened from the creek corridor. A landscape/screening plan shall be submitted to the City for review and approval prior to building permit issuance. 3. The proponent shall submit plans to the Watershed District for review and approval prior to building permit issuance. 4. Denial of a wind generator, because of excessive height and visual impact. 5. Signage shall conform to the City Code. 6. Proponent shall place an 8 ft. wide bituminous path along the west side of Homeward Hills Road to the north church site property line and grade a 10 ft. wide pad for future continuation of the path to within 50 ft. of the creek flowage, which shall be included in the City's road contract. 7. Proponent shall submit information regarding sewer, water, and drainage to the Engineering Department for review and approval prior to building permit issuance. 8., Proponent shall meet with the Director of Community Services prior to the Parks, Recreation, and Natural Resources Commission meeting in regard to the fulfillment of the Park Dedication obligation. MEMO TO: FROM: THROUGH: DATE: Mayor and City Council Jean Johnson, Zoning Administrator Chris Enger, Director of Planning April 13, 1983 RE: FLYING CLOUD ADVISORY COMMISSION REVIEW OF PAX CHRISTI CHURCH The proposed Pax Christi Church on Co.Rd. I and Homeward Hills Road extended is within the Safety Zone C of the Flying Cloud Airport. The Flying Cloud Advisory Commission did review and discuss the Church use in relation to conditions and permitted uses in Zone C. At their April 6th meeting the Commission recommended approval of the use to the City Council based upon its conformance with Zone C regulations, ie: it will not create or cause interference with the operation of radio or electronic facilities on the airport". The Commission did not review or act upon the proposed 120 foot high wind generator depicted on the plans because detail material on design and construction were not included. The Commission wishes to reserve action on the wind generator until specific plans are submitted to the City for review and approval. JJ:jj q3 TEO it tixo I HLNNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South • Hopkins, Minnesota 55343 February 4. 1983 935-3381 Mt. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. er:. RE Proposed Plat - "Pax Christi Catholic Church" CSAH 1 NW Quadrant Homeward Hills Road .Section 26. Township 116. Range 22 Hennepin County Plat No. 100IR Review and Recommendations Minnesota Statutes 505.02 and 505.03. Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -For future improvements of CSAH 1 (Pioneer Trail) the developer should dedicate an additional 17 feet of right of way making the right of way 50 feet from the center of CSAH 1 (Pioneer Trail). This request conforms to the right of way dedicated for Hillsborough Addition directly across CSAH 1 from the Pax Christi Plat. The proposed direct accese to the church front CSrin I must be constructed directly opposite existing Portal Drive. as shown on the site plan dated January 3. 1983. and be constructed to Hennepin County standards. -The proposed extension of Homeward Hills is acceptable to Hennepin County. The grades at the intersection of CSAH 1 and proposed Homeward Hills Road must be revised to match the shoulder line of CSAH 1. The ditch may require regrading to give the proposed cross culvert at least 6 inches of cover. -Any new access to a County road, revision to an existing access or a change in land use requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance permit forms. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to. drainage and utility construction. trail development, and landscaping. See our Maintenance Division for utility permit forms. HENNEPIN COUNTY an equal opportunity employer Mr. Chris Lnger - 2 February 4. 1983 -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely. James M. Wold, P.E. Chief, Planning and Programming JMIVLDW;p1 CC: Hansen. Thorp & Pellinen. Inc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION f83-72 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILLOW BEND FOR REGISTERED PROPERTIES CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Willow Bend for Registered Properties Corporation, dated February 11, 1983, of 37 acres for 80 single family residential lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendmeas thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: Jan D. Frane, City Clerk March 15, 1983 Planning Commission Minutes •nbers Present: Chairman Bearman, Hallett, Johannes, Marhula, Schuck C. WILLOW BEND, by Registered Properties Corporation. Request TOT- Rezoning from RM-6.5 to R1-9.5 and Preliminary Plat of 37 acres for single family residential development. Location: Southeast corner of Baker Road and Valley View Road. Staff reviewed proponent's request with the Commission and reviewed the Staff Report of March 11, 1983. Dick Krier, Westwood Planning and Engineering, representing the proponent, presented slides of the site which depicted the site features. Mr. Krier explained that the low area of the site, which often held water, was not a designated wetland by the State. He also pointed out the areas of bad soils on the site. Lots 9-17 and lots 24-31 all were affected by bad soils in the area. Mr. Krier stated that it was the objective of the proponent to provide affordable housing by this project. While the site had been proposed previously for multiple residential use, the proponent's research had determined that the average family still preferred a detached single family home. Therefore, the request was for smaller lots within the single family district to provide for lower costs of land and utilities for the future homeowners of this project. Regarding the requested variance from the required 30 ft. front yard setback to 25 ft. front yard setbacks, Mr. Krier stated that proponent was requesting this variance due to the hardship of working with the bad soils on the site and the reduction of length of sewer and water hook-ups and driveway. Gli1 Planning Commission Minutes 8 March 15, 1983 Mr. Krier stated that proponent had provided the City with many different housing types for the project and would be willing to comply with the Staff recommendation regarding not locating similar units adjacent,, directly or diagonally across from each other. With respect to the sidewalk recommended for location along Dogwood, it was proponent's position that the sidewalk would service more than just the proposed neighborhood. Mr. Krier stated that it was their request that the sidewalk construction be credited against the park dedication obligation for the project. Mr. Krier stated that the requested watermain connection to the wPst was also a matter of concern to the proponent in that it also would service more than the proposed neighborhood. Planner Enger reviewed the recommendations of the Staff Report with the Commission. He stated that the submitted housing configurations proposed provided many alternatives for significantly different units to be located adjacent, directly or diagonally across from each other upon development. Planner Enger stated that Staff recommended against the requested front yard setback variances in that it was inconsistent with rest of the City's single family districts. He added that if the soil conditions created such a severe hardship towards development of this land, that perhaps the alternative would be to redesign the plat as opposed to requesting variances. As to the recommended sidewalk, Planner Enger stated that it was the City's position that sidewalks were a fundamental service necessary for residents, especially on streets such as Dogwood. which would experience a higher volume of traffic than an average residential street. Sidewalks provided by this development would tie into an overall system which would be utilized by residents of this area. DISCUSSION Chairman Bearman asked what the price range and square footages of the units would be. Duane Dietrich, Registered Properties, Inc. stated that the homes would range from $70,000 to $85,000, with square footage being no less than 800 sq. ft. per unit. He added that any one of the housing configurations proposed could be placed on any one of the lots. Chairman Bearman asked if Mr. Dietrich would be building the homes on the lots. He stated that he would not; rather he would develop the lots and sell them to builders. Chairman Bearman asked if the soil corrections would be made by the proponent. Mr. Dietrich stated that he would make the soil corrections for each site, and guarantee the builders a normal building pad. Hallett stated that he felt the proposed development would benefit from the sidewalks recommended along Dogwood in that it would provide access to park and recreation facilities on the north and 649 rldnnmg Commission Minutes 9 March 15, 1983 south sidos of Iho propvrty. Chairman Beaman asked for comments and questions from members of the audience. Howard Kaerwer, 12800 Gerard Drive, stated that he felt that if the south area of the property was to be dedicated to the City as park land, there should be access provided to that property from the adjacent neighborhoods. He asked if the City would be paying for the land proposed for park. Chairman Bearman stated that the City would not be paying for this land. Hallett questioned the status of the single family home owned by Hennepin County in the vicinity. Planner Enger stated that the property consisted of approximately three acres. He added that the City would probably sell what was not necessary for the right-of-way for Baker Road. Johannes questioned what level of road development would take place on Valley View Road in this area. Staff responded that old Valley View Road was not classified as a thoroughfare in this area, therefore it would be much as a normal residential street. MOTION 1: Motion was made by Hallett, seconded by Schuck, to close the public hearing. Motion carried--4-0-1 (Marhula abstained) MOTION 2: Motion was made by Hallett, seconded by Johannes, to recommend to the City Councjl approval of the rezoning from RM-6.5 to R1-9.5 for 28.5 acres only, for the Willow Bend proposal, based on plans dated February 11, 1983, and subject to the recommendations of the Staff Report dated March 11, 1983, with deletion of the last six words of the fifth recommendation of said report. Motion carried--4-0-1 (Marhula abstained) MOTION 3: Motion was made by Hallett, seconded by .Schuck, to recommend to the City Council approval of the preliminary plat of 37 acres for 80 single family detached lots and an 11.2 acre outlot, based on plans dated February 11, 1983, and subject to the recommendations of the Staff Report dated March 11, 1983, with deletion of the last six words of the fifth recommendation of said report. Motion carried--4-0-1 (Marhula abstained) MFMORANDUM ••: Parks, Recreation aad Natural Resources Commission FROM: Bob Lambert, Director of Community Services 'PAL- DATE: March 17, J983 SUBJECT: Willow Bend Development Proposal Supplemental Report to Planning Staff Report of March 11, 1983 The portion of this site that will be developed is currently cultivated and has no significant vegetation or wildlife. The southern portion of the site, Outlot A, is low ground, supporting marsh type vegetation. This area provides habitat for many birds and other wildlife and is intended to be dedicated to the City for park. The southern boundary of Outlot A is the northern boundary of a parcel previously referred to as the Edenvale East Park site. This park site is a parcel that is to be dedicated to the City of Eden Prairie from Edenvale. The majority of the Edenvale East site is also low marshy ground, but has had approximately 60,000 yards of fill deposited on the site from the construction of Valley View Road and Edenvale Apartments. This site will contain a skating rink, a playground arcs, and a softball field with a soccer field overlayed in the out field. The rest of this 26 acre park site will be developed for wildlift habitat through the plantings of trees and shrubbery that thrive in wetlands and provide cover for wildlife that might live in that area. The major park and recreation issue regarding Willow Bend is the construction of pathways. Dogwood Drive will eventually connect from County Road 60 south to the new Valley View Road adjacent to Edenvale East (Willow Bend) park site. City staff is recommending a five foot concrete sidewalk on the west side of Dogwood Drive to provide pedestrian access to the park and to the Valley View Road pedestrian system. City staff is also requesting an east/west trailway that would connect this neighor- hood to the trailway system adjacent to Mitchell Road. Staff requests this pathway adjacent to existing County Rbad 60. This path should be an 8' asphalt bikeway and should he located on the south side of County Road 60. This path will provide safe pedestrian and bicycle access from this neighborhood to the trailway systems adjacent to Mitchell Road that will eventually extend northward to Forest Hills Neighborhood School Park site. (Due to the excessive slopes adjacent to Co. Rd. 60, a 5' concrete sidewalk may be acceptable.) The City will rquire the developer pay the cash park fees of -$325 per unit for this single family proposal. This proposal will generate $26,000 in cash park fees. The developer is requesting the cost of the sidewalk to be.reduced from the cash park fees. This would be setting a new precedent for the City. The City has always in the past required developers to construct pedestrian pathways within their development, at the developer's cost. • Due to the nature of the unbuildable soils in the 11.2 acres that will be dedicated, this dedication is also not accepted in lieu of cash park fees. 6 50 STAFF REPORT TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner TITUDGH: Chris Enger, Director of Planning DATE: March 11, 1983 PROJECT: Willow Bend APPLICANT: Registered Properties Corporation FEE OWNER: Nils Sundquist LOCATION: South of County Road 60, east of Mitchell Road REQUESTS: 1. Rezoning from RM-6.5 to R1-9.5 for 37 acres 2. Preliminary Plat of 37 acres for 80 single family detached lots and an 11.2 acre outlot Background The site was previously zoned to RM-6.5 from Rural and given preliminary plat approval of 46 duplex lots. A 12-acre outlot was also to be given to the City as a denisty transfer. The Guide Plan now reflects this change as medium density residential. Existing Site Character The northern and eastern portions of the site are currently cultivated and have no significant vegetation or wildlife. The southern portion (Outlot A) is low, fallow ground supporting marsh type vetwtation. Outlot A contains peat type soils. The remainder of the site has Dickman soils, which are characterized as developable. The northern and eastern portions of the site have rolling terrain with slopes ranging from 5-15%. Along County Road 60, slopes of 4:1 exist. The parcel drains into Outlot A. Site Plan Slopes of 33% are proposed along the east property line. 25% slopes are indicated to the rear of Lots 8, 9, 10, 11, and 12, Block 2 and adjacent to County Road 60. These slopes shall be sodded and staked prior to final grading of the downhill lot to protect the western lot from sediments. Lily Lane and Dogwood Drive have proposed slopes of 7%, which is in conformance with City standards. The proponent shall revise the grading plan to provide flat approach areas per City specifications for Dogwood Drive and Lily Lane at intersections with County Road 60 prior to final plat. 6S1 Willow Bend 2 March 11, 1983 Mil 4LOrla water runs into Out lot A either over land or through three proposed storm sewer outlets. Water and sanitary sewer services are located along all proposed roads. Water service will connect to the existing main along County Road 60 and to the south from Stewart Highlands. Proposed water and sanitary sewer will be dead- ended to the north of Willow Bend Road and connected with future development to the west. Staff recommends that the dead-ended water service be linked to the County Road 60 main to the north. Sanitary sewer will tie into the City project to the south, then along Dogwood Drive to County Road 60. The installation of sanitary sewer along Dogwood Drive is scheduled for early spring/summer of this year. The project was designed and bid based on the original Sundquist development. The final alignment of this line is dependent upon the outcome of the Willow Bend proposal and additional revisions may be necessary. Staff recommends that proponent meet with the City Engineering Department regarding sewer, water, and drainage prior to final plat. Ordinance Requirements All lots meet or exceed the minimum lot size, width, side yard, and rear yard setback requirements. The proponent is requesting a variance for the 25 ft. front yard setback in lieu of the required 30 ft. Staff recommends denial of this variance request due to insufficient information demonstrating the need within an already reduced R1-9.5 District. Lot 1, Block 1 does not meet the 100 ft. mean lot depth requirement. Following is the proposed lot area information for the project: Minimum Lot Area 9,500 sq. ft. Average Lot Area 11,700 sq. ft. Maximum Lot Area 24,803 sq. ft. The gross density is 2.16 units per acre with a net density (exclusive of Outlot A) of 3.1 units per acre. The proponent has provided a spectrum of housing types to the City. In order to provide variety within the development, Staff recommends that units adjacent and directly and diagonally across from each other be dissimilar. (See Figure 1) The proponent shall submit information to the Staff regarding the surrounding unit type for each adjacent lot prior to each individual building permit issuance. Transportation Two access drives are proposed off County Road 60. An, access drive located within the southeast corner of the site will connect to Stewart Drive. Future access from Willow Bend Road to Mitchell Road has been provided for by using an open-ended cul- de-sac. The proponent shall meet with the Engineering Department in regard to the feasibility of such an approach prior to final plat. The proponent shall design all cul-de-sacs per the Engineering Department specifications. The proponent shall submit all plans to Hennepin County for review and approval prior to building permit issuance. A 5 ft. wide sidewalk is required along Dogwood Drive and County Road 60. The 6S.2, Willow Bend 3 March 11, 1983 ,iL6ulk is a necessary requirement for the site itself. The community requirement along County Road 60 would be an 8 ft. bituminous trail. The City would be responsible for any difference in cost between an 8 ft. trail in lieu of a 5 ft. wide concrete walk. Park Edenvale East Park is proposed south of Outlot A. Development has begun with the stockpiling of fill obtained from the Valley View Road project. Facilities will include ballfields, a skating rink, and a playground structure. The developer is proposing to dedicate Outlot A, consisting of 11.2 acres. This area is not required for park, and, therefore, will not fulfill the developer's park dedication requirement. The proponent is responsible to pay the Cash Park Fee. RECOMMENDATIONS Staff recommends approval of the Zoning from RM-6.5 to R1-9.5 for 25.8 acres only and preliminary plat of 37 acres for 80 single family detached lots and an 11.2 acre outlot, subject to the following conditions: 1. The grading plan shall be revised to include flat approach areas on Dogwood Drive and Lily Lane at their intersections with County Road 60. 2. The watermain from Willow Bend Road shall be linked to the existing County Road 60 main. 3. The proponent shall meet with the Engineering Department regarding the sewer alignment, water, and drainage and the potential linking of Willow Bend Road to Mitchell Road prior to final plat. 4. Watershed District approval shall be required prior to building permit issuance. 5. Denial of 25 ft. front yard setback due to insufficient information demonstrating need. 6. All lots shall meet the minimum dimensional requirements of City Code. 7. Lots adjacent and directly and diagonally across shall be dissimilar in housing design. The proponent shall submit information to the Staff regarding the surrounding unit type for each adjacent lot prior to the issuance of individual building permits. 8. The proponent shall design all cul-de-sacs per the Engineering Department specifications. 9. A 5 ft. concrete sidewalk shall be placed along the west side of Dogwood Drive. An 8 ft. asphalt path shall be placed along County Road 60. The City would be responsible for the difference in cost between an 8 ft. bituminous trail in lieu of a 5 ft. wide concrete sidewalk. 10. Outlot A may be dedicated to the City. 653 Willow Bend 4 March 11, 1983 11. Proponent shall be responsible for the Cash Park Fee. . 12. The steep slopes at the back of lots 8, 9, 10, 11, and 12, Block 2 shall be sodded and staked prior to final grading of the adjacent downhill lots in order to protect the western lots from sediment. MAR 21 141, HE.NNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South 4 Hopkins, Minnesota 55343 935-3381 March 15, 1983 Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Eiger: RE Proposed Plat - "Willow Bend" CSAH 39 SE Quadrant of CSAH 60 Section 10, Township 116, Range 22 Hennepin County Plat No. 1072 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -For future improvements to CSAH 39 the developer should dedicate an additional 7 feet of right of way making the right of way 40 feet from the center of CSAH 39. -Me proposed acce25 points onto =1 31), Li]y lano B11:1 D ogwood Drive, are acceptable to Hennepin County. -Upon completion of future CSAH 39, Valley View Road, existing CSAH 39 will become a municipolelocal street thus Hennepin County will not require auxiliary lanes. -Since existing Stewart Highlands access at Stewart Drive is constructed with auxiliary lanes, Eden Prairie might consider requiring the developer to construct a widening from proposed Dogwood Drive to match the lane extending west from Stewart Drive. -Any new access to a county road requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance permit forms. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. HENNEPIN COUNTY an equal oppodunIty employer Mr. Chris Enger - 2 March 15, 1983 -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, - James M. Wold, P.E. Chief, Planning and Programming 3141/LEW:p1 s tp February 28, 1983 Planning Commission Minutes ,embers Present: Chairman Beaman, Gartner, Hallett, Marhula, Sutliff, Torjesen C. WESTWOOD INDUSTRIAL PARK, by Bury & Carlson. Request for Planned Unit Development Amendment and Zoning Amendment for former Westwood Industrial Park. Location: South of County Road 67 and West of St. John's Woods Townhouses. A public hearing. Planner Enger reviewed the request of Bury & Carlson for development of their property. Jim Ostenson, Tandem Corporation, representing the proponent, was present to discuss the proposal. Mr. Ostenson reviewed the history of the proposed development on the property, beginning with the purchase of the property by another company from Bury & Carlson, the original owners. The purchaser of the property defaulted, thereby placing the land back in the hands of Bury & Carlson. Previously, an industrial park was proposed in this area. Bury & Carlson were proposing the basic same industrial park with changes requested in the grading,the landscape treatment of the land, and related Development Agreement conditions. Mr. Ostenson presented slides of the site, showing the sensitive areas to the east within the flcodplain and that area requiring 6T7 Planning Commission Minutes 8 February 28, 1983 special treatment of slopes, adjacent to St. John's Woods townhouse development. He staled that in some cases, the normal slopes were at a 1:1 ratio in this area. Also, he pointed out the areas of trees to be saved and preserved, as well as one tree stand in the southeast corner of the site which the developer intended to remove. Mr. Ostenson then reviewed the proposed landscape plan showing the screening proposed for the site and proposed stablization methods for the slopes. He stated that with regard to the Staff Report recommendation that the species of trees be changed in some cases, the developer had no objections and would meet with Staff to determine suitable species. With regard to the Staff Report reference to a fiber blanket to be used to stablize the slopes, Mr. Ostenson stated that they felt the methods proposed were sufficient to assure erosion control. He stated that costs were high for the fiber blanket method. Bury & Carlson was willing to work with residents of St. John's Woods, as they had in the past when a berm was installed by them between the sites, to insure proper screening of the development from the residents. Mr. Ostenson stated that utilities are in place in Bury Drive and Carlson Drive. Street paving would be done in the near future. At this time, Rutledge Construction is proposing to build a 54,000 square foot building for office/warehouse usage overlooking the pond to the north of it. The building will be owner-occupied. Planner Enger reviewed the findings and recommendations of the Staff Report of February 25, 1983 for this project. With respect to the outlots on the easterly portion of the site, he explained that Bury & Carlson, Inc. was asking the City to provide them some credit for the property •involved. It was the intention of the proponent to convey these two parcels to the City eventually as a "charitable donation." It was pointed out that Staff was concerned that any method other than a staked fiber blanket may not be sufficient to guarantee that the slopes be preserved and protected from erosion in a permanent manner for the site due to the severity of the angle of the slopes. Planner Enger pointed out that the proposed 2:1 slope would be consistent with the character of the area; however, the method of erosion control was critical to its proteCtion. As to vegetation on the slope, Staff indicated concern for the long- term appearance of the area. Plant materials shown, in some cases, were not native to the area. Existing species of the area included Aspen and Oak varieties. These plantings and mulching would aid in the stabilization of the slope. (a Planning Commission Minutes 9 February 28, 1983 DISCUSSION Torjesen asked if proponent would be requesting a "density transfer" from the outlots to the remainder of the property. Planner Enger responded that, in theory, this would be true. Sutliff questioned whether the road pattern had been altered from the original plan. Staff responded that it had not. Sutliff asked what would happen to the current access off County Road 67 at the time the County upgraded the road. Planner Enger stated that existing County Road 67 would become the frontage road to new County Road 67. Torjesen questioned whether the developer would be returning for site plan review on each individual site. Planner Enger responded that the proponent was requesting to develop in accordance with the I-2 Zoning District and requesting a release from definite site plan approval at this stage. Marhula questioned whether public sewer and water had been installed according to the proposed grades. Mr. Ostenson stated that they had, which was one of the reasons for the requested amendment to the grading plan. Chairman Bearman asked for comments and questions from the audience. Peter Stalland, 6317 St. John's Drive, attorney for the St. John's Woods Homeowners Association, stated that the major concern of the association was that the City have control over the outlots. He stated that the association had been happy with the response they had received from Bury & Carlson to-date, as well as with the cooperation received from the City. It was their request that the arrangement for preservation of the outlots be formalized to insure no building or encroachment onto these properties in the future. Planner Enger stated that the purpose of allowing Bury & Carlson to convey the properties as represented in the proposed amendment to the developer's agreement was to allow them to create greater "worth" in the two outlots in order to obtain a possible "charitable donation" ruling on the properties to be donated to the City. He added that they would still be precluded from building on the outlots. Torjesen questioned what was planned for the creek area of the property. Planner Enger explained that the creek area was completely contained within one of the outlots. The other outlot was mainly the buffer/slope area on the east and adjacent to St. John's Woods. The Commission discussed the fact that the individual sites would not be returning for site plan review. Torjesen stated that he was 61A 660 Planning Commission Minutes 10 February 28, 1983 not certain that it was in the best interests of the City to allow further development of the sites without additional City review. Chairman Bearman stated that the City may be sacrificing continuity of scheme, but that would be the extent of it in that the developer would be required to meet the requirements of the Zoning Code. Planner Enger stated that there were not existing examples of industrial parks which had been required to build according to a development framework manual in Eden Prairie. It was pointed out that the graphic shown of the proposed Rutledge Construction office/warehouse building was not necessarily the final outcome for the construction of the building. The only requirement of the structure eventually placed on the site was that it meet City Code minimum standards. Marhula questioned whether the developers of property involving public improvement projects were required to bond or guarantee all or a portion of the assessment for the improvements up front or whether the guarantee of assessments fell to the property. Planner Enger stated that the City had begui to require both methods of guarantee. MOTION 1: Motion was made by Gartner, seconded by Marhula, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Marhula, to recommend to the City Council approval of the Amendment to the Planned Unit Development District and Zoning for Westwood Industrial Park, subject to plans dated October 25, 1982, February 23, 1983, written materials from the proponent submitted February, 1983, and subject to the recommendations of the Staff Report of February 25, 1983. Motion carried--6-0-0 Chairman Bearman declared a recess at 9:55 p.m.; the meeting was reconvened at 10:05 p.m. Minutes - Parks, Recreation & Natural Resources Commission March 7, 1983 b. Westwood Industrial Park Dick Putnam was present on behalf of the proponent, Bury & Carlson, Inc. He located the project adjacent to County Road 1167, west of St. John's Woods, north of Nine Mile Creek Floodplain and Kings Forest. Putnam said the developer is requesting to amend the POD District and Zoning of the Original Westwood Industrial Park to: 1) Allow construction of buildings restricted only by the 'requirements of the 1-2 Zoning District, not the former Development Plan 2) Revision of the grading plan 3) Change of status of the Open Space Outlots in order to allow conveyance to the City. Putnam said, due to the tremendous cost factor, he is proposing using seeding and mulching the east slope instead of using a wood fiber blanket. Arteka, the landscape firm for this project, assured him the slope can be retained by seeding and mulching. Kingrey said he would not like to seethe trees lost on the east. slope simply because the wood fiber blanket is so expensive . He suggested Arteka talk to Staff and convince them they can protect the slope by another method. Jessen suggested this Commission not be specific on erosion control techniques to be used, but rather leave it up to the proponent and Staff. • . MOTION: Gonyea moved to recommend approval of Westwood Industrial Park is recomended in the February 25, 1933 Staff report..: - Friederichs seConded the motion and it carried unanimously. • 66/ MEMORANDUM TO: FROM: DATE: ' 'SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services March 3, 1983 Westwood Industrial Park Attached is a Planning Staff Report dated February 25, 1983 on Westwood Industrial Park. This report provides the background on the original Westwood Industrial Park proposal, and the changes proposed with this request. The major concerns relating to the Parks, Recreation and Natural Resources Commission include the following: 1. Review of the restoration of the slopes in relation to seeding procedures and plant material proposed for use. 2. In the original proposal, the owner would retain :outlots A & B, which are the steep wooded moraine and the floodplain. In this proposal, the developer intends to donate those outlots to the City and to pay the cash park fee. Community Services staff recommend approval as per the Planning Staff Report of February 25, 1983. BL: 662 'JIAll REPORT TO: FROM: DATE: PROJECT: LOCATION: APPLICANT & FEE OWNER: REQUESTS: Planning Commission Chris Enger, Director of Planning February 25, 1983 Westwood Industrial Park Adjacent to County Road #67, west of St. John's Woods, north of Nine Mile Creek Floodplain and Kings Forest Bury & Carlson, Inc. To amend the PUD District and Zoning of the Original Westwood Industrial Park to: 1. Allow construction of buildings restricted only by the requirements of the 1-2 Zoning District, not the former Development Plan 2. Revision of the grading plan 3. Change of status of the Open Space Outlots in order to allow conveyance to the City The original Westwood Industrial Park proposed seven office/warehouse buildings with a central cul-de-sac. The current project maintains the same basic development as the previous project, except that the grade of the cul-de-sac will be lowered, minor grade changes are proposed for building pads, and the slope to the east of the site is to be steepened from a 3:1 to a 2:1. The grading changes reflect a correction in the balance of cut and fill. A group of mature trees is located east of Bury Drive. The proponent will place a boulder retaining wall west of the tree mass in order to preserve them in conjunction with the lowering of Bury Drive. Trees in Lot I will be destroyed with the grading of the site. The steepening of the east slope, if properly restored, would be compatible with the adjacent glacial morraine slope, which exists to the south. The proponent has submitted a Landscape Concept Plan reflecting the treatment of the revised slope. The prime objective is slope stabilization with a vegetative species consistent with the adjacent woods and the existing glacial morraine. The submitted landscape plan includes species not native to Eden Prairie and not consistent with the character of the adjacent terrain. Staff recommends the use of native species, which suggest natural succession to the existing woods and reflect the character of the glacial morrainc. Erosion control and slope stabilization measures shall include the use of a fiber blanket or netting due to the proposed steepness (2:1). Detailed procedures and methods shall be submitted to the City prior to issuance of a building permit. Plant material will be implemented along County Road #67 and Bury Drive with the 663 Staff Report -2- February 25, 1983 Westwood Industrial Park Bury & Carlson, Inc. development of each adjacent site as shown in the Landscape Concept Plan. Staff recommends that all deciduous trees be no smaller than 2-1/2" diameter and evergrees no less than six feet tall. As well, Staff recommends that the proponent omit the use of cottonwoods. The proponent is required to screen all parking, loading, and mechanical areas from the adjacent roads, residential areas, and the Nine Mile Creek floodplain, and differing land uses. No loading areas shall be oriented towards Nine Mile Creek floodplain. Conscientious site planning, grading, and landscaping will be necessary to insure a complimentary development to the adjacent differing land uses. In order for the Westwood Industrial Park to be a compatible land use directly adjacent to a residential area (St. John's Woods), preservation of a positive physical buffer area was required by the City. The high knoll area along the east boundary of the site has been preserved over the years as a condition of the gravelling operF,tion, and this area was to continue as the buffer area. Anderson Development, Incorporated (ADI) did not wish to donate the land to the City, so it was platted in an outlet, left zoned Rural, and a Scenic Easement for preservation purposes was to be given to the City. ADI has not proceeded as the developer, and the fee owner, Bury & Carlson, Inc., wishes to convey the buffer and the floodplain land to the City. They would, however, like to obtain some benefit from doing this. The proposed amendment to the Developer's Agreement would recognize development rights on the floodplain and the buffer piece. Although these development rights could not be utilized on Outlots A and B (the buffer and the floodplain), they could hypothetically be transferred to other lots within the industrial park within the constraints of our ordinance. This could increase the value of Outlots A and B which would benefit Bury & Carlson for gift purposes. As outlots A and B were conveyed to the City, the development rights would come with them. The proponent shall be responsible for the rough grading and restoration of the entire site with initial development. All signage shall be consistent with City Code. The proponent shall submit plans for review and approval to the Nine Mile Creek Watershed District. The proponent shall be required to pay Cash Park Fees. RECOMMENDATIONS The Staff recommends approval of the Westwood Industrial Park site requests subject to the proponent meeting the following conditions: 1. The proponent shall submit a revised landscape plan for the east slope and erosion and slope stabilization methods, prior to issuance of a building permit. Staff Report -3- February 25, 1983 Westwood Industrial Park 1;uiy & Cdrlson, Inc. 2. Cottonwoods shall be omitted from the planting schedule. All deciduous overstory trees shall have a minimum of 2-1/2" in diameter, and all evergreen trees shall be a minimum of six feet in height with regard to the proposed plantings along Bury Drive and County Road #67. Plant material shall be implemented with the development of each adjacent parcel. 3. All parking, loading, residential areas, and the Nine Mile Creek floodplain shall be screened from the adjacent public roads and differing land uses. 4. Loading areas shall not be oriented towards the Nine Mile Creek floodplain. 5. Development rights per the conditions of the report be granted for Outlots A and B. 6. Rough grading and restoration of the entire site shall be implemented with Initial development. 7. All signage shall be consistent with the City Code. 8. The proponent shall submit plans to the Nine Mile Creek Watershed District for review and approval. 9. The proponent shall pay the required Cash Park Fee. 665 [i Q3:1 ] a.-3RQ)iRc3 March 21, 1983 Mr. Jim Richardson Engineering Department CITY OF EDEN PRAIRIE 3950 Eden Prairie Road Eden Prairie, Mn 55344 Dear Jim: I wrote to you on March 15 regarding the possibility of changing the name of Phaeton Drive possibly to Antlers Ridge. It subsequently occurred to me that you may be reluctant to change the name to Antlers Ridge becuase of the close proximity of Burr Ridge. May I suggest, if that is the case that Antler Trails might be a better alternative. Thank you for your consideration of this matter. Sincerely, Ruth K. Hustad 100:1dp rl f A 1W171" 01 Ar -r- n7lvr 1:01:14. M11.4.14L.SOTA155343 (612) 941.438.3 (Ci] March 15, 1983 Mr. Jim Richardson Engineering Department City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Jim: I visited with Carl Julie regarding the name change of Phaeton Drive in Deerfield, Bluffs West, First Addition. We have had several buyers and also real estate agents commenting to us on the unpleasant connotation of the street name and asking us to please request a name change. At the present time, there are no residences on Phaeton Drive and it seems appropriate to proceed immediately with this change. After catefully reviewing the present city street names, we would like to ask you to change the name to Antlers Ridge, which we feel would be more in keeping with the name of the neighborhood. I appreciate your help in this matter. Thank you very much. Sincer,ey, Ruth K. Hustad RKH:v1g 7460 MAI:I:LT PLACE DRIVE, EDEN PRAIRIE, MINNESOTA 55343 (612) 941-4383 April 19, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 12-83 BE IT ORDAINED by the Eden Prairie City Council that the following street shall be renamed: Phaeton Lane as it exists in Bluffs West, renamed to Antler Trail, effective April 19, 1983. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on April 15, 1983, and finally read, adopted, and ordered published at a regular fleeting of the Council of said City on the 5 day of May, 1983. Wolfgang H. Penzel, Mayor ATTEST SEAL .John D. Frane, Clerk 66? ArIL 19,1933 VOID OUT CHECK 6834 VOID OUT CHECK 6977 MINNESOTA ASSN OF WOMEN 6978 SOUND OF MUSIC 6979 HOLIDAY STORES 6980 VOID OUT CHECK 6981 CHICAGO & N W RAILROAD 6982 EXPLORER POST 911 6983 SUPPLEES 7 HI ENTERPRISES 6934 NORTHCO LTD 6985 MINNESOTA DEPARTMENT OF P/S 6986 A D LAFOND 6987 MRFFA 6988 AMOCO OIL COMPANY 6989 PRIOR WINE CO 6990 INTERCONTINENTAL PCKG CO 6991 MARK VII SALES INC 6992 ED PHILLIPS & SONS CO 6993 TWIN CITY WINE CO 6994 MIDWEST WINE CO 6995 EAGLE WINE CO 6995 CAPITOL CITY DISTRIBUTING 6997 GRIGGS COOPER & CO INC JOHNSON BROTHERS WHOLESALE OLD PEORIA COMPANY INC /060 MENARDS 7001 FEDERAL RESERVE BANK 7002 COMMISSIONER OF REVENUE 7003 AETNA LIFE INSURANCE 7004 MINNESOTA STATE RETIREMENT 7005 GREAT WEST LIFE ASSURANCE 7006 UNITED NAY OF MINNEAPOLIS 7007 INTERNATIONAL UNION OF OPERATING 7003 PERA 7009 LINDA CAST 7010 EXPLORER POST 911 7011 VOID OUT CHECK 7012 CITY OF APPLE VALLEY 7013 WESTERN LIFE INSURANCE 7014 BLUE CROSS INSURANCE 7015 MEDCENTER HEALTH PLAN 7016 GROUP HEALTH PLAN INC 7017 PHYSICIANS HEALTH PLAN 7018 DANA GIBBS 7019 STAcy 0LINDER 7020 CHRISTINE ERNIN 7021 SHANNON GRALON 7022 LAURA MCCOLGAN 3 JENNY MEYER - .4 MARK PETRUSKA 1025 ED PHILLIPS & SONS CO 7026 PRIOR WINE CO 7027 OLD PEORIA CVPANY INC 7018 TWIN CITY WIDE CO 7029 JoHNSON GROWERS WHOLESALE 27037.50- 30.00- 20.00 188.00 89.50 0.00 100.00 120.00 3155.34 2637.89 20.00 386.00 225.00 8143.34 155.79 139.75 397.80 2818.36 1276.23 1233.15 573.94 423.50 1033.72 2072.51 1236.69 61.45 15573.20 8211.58 108.00 40.00 2762.00 71.50 532.00 16047.47 9.50 50.00 0.00 318.00 602.07 817.91 3162.60 1792.7/ 8896.5/ 52.0o 5.00 5.0o 5.00 5.00 5.0, 2589.V 81.:U 408.3 , 575.b 740.1, CONFERENCE-POLICE DEPT 13" TV-CABLE TV HOOKUP/CITY HALL AMMUNITION-POLICE DEPT PERMIT FEE-EDENVALE BLVD CONFERENCE-POLICE DEPT APRIL RENT-LIQUOR STORE/PRESERVE APRIL RENT-LIQUOR STORE/P V M MOTOR VEHICLE REGISTRATION 40 TEAR GAS CANNISTERS-POLICE DEPT CONFERENCE-FIRE DEPT UNLEADED GAS-STREET DEPT WINE WINE WINE LIQUOR WINE WINE WINE WINE LIQUOR LIQUOR WINE SHELVING-ENGINEERING DEPT PAYROLL 4/1/83 PAYROLL 4/1/83 PAYROLL 4/1/83 PAYROLL 4/1/83 PAYROLL 4/1/83 PAYROLL 4/1/83 DUES PAYROLL 4/1/83 REFUND-REC DEPT CONFERENCE-POLICE DEPT MUNICI-PALS SPRING MEETING INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE PACKET DELIVERY REFUND-BABYSITTING CLASS REFUND-BABYSITTING CLASS REFUND-BABYSITTING CLASS REFUND-BABySITTING CLASS REFUND-BABYSITTING CLASS REFUND-BADYSITTING CLASS LIQUOR WINE WINE WINE LIQUOR (A, r g 70 7 a GRIGGS COOPER & CO INC 7( INTERCONTINENTAL PCKG CO MENARDS INC 7033 MINNESOTA POST BOARD 7034 VOID OUT CHECK 7035 VOID OUT CHECK 7036 VOID OUT CHECK LIQUOR WINE RIGHT OF WAY-TOPVIEW CONNECTION LICENSE FEE-POLICE DEPT 2057.42 1273.03 27037.50 120.00 0.00 0.00 0.00 12.00 25.00 12.00 12.00 27.00 12.00 12.00 27.00 5715.95 3489.30 456.10 2704.26 7199.66 144.50 740.20 528.25 114.15 8965.55 152798.00 55953.14 6089.50 130691.22 58.96 73.76 17.70 55.75 22.85 16.48 432.00 30.72 13.03 6.77 156.00 697.63 1415.93 260.50 35. 5r 975.16 1666.93 7037 MARTY CARLSON REFUND-BATON & DANCE CLASS 7038 SOUTHWEST FIRE LEAGUE DUES-FIRE DEPT 7039 MEGAN GEHLERT REFUND-BATON & DANCE CLASS 7040 GWEN KILIAN REFUND-EXERCISE CLASS 7041 GREG KNAPP REFUND-KARATE CLASS 7042 VANESSA LANGWORTHY REFUND-BATON & DANCE CLASS 7043 SHELBY LOVETT REFUND-BATON & DANCE CLASS 7044 SREENV TADAVARTHY REFUND-KARATE CLASS 7045 BEER WHOLESALERS INC BEER 7046 CITY CLUB DISTRIBUTING CO BEER 7047 COCA-COLA BOTTLING CO BEER 7048 DAY DISTRIBUTING CO BEER 7049 EAST SIDE BEVERAGE CO BEER 7050 KIRSCH DISTRIBUTING CO BEER 7051 A J OGLE CO INC BEER 7052 PEPSI COLA/7 UP BOTTLING CO MIXES 7053 ROYAL CROWN BEVERAGE CO MIXES 7.1pc4 THORPE DISTRIBUTING CO BEER ARKAY CONSTRUCTION COMPANY SERVICE-P/S & PW BUILDING iI6 nnnnnnnnn nnnnnnnnn I n I SERVICE-PRAIRIE CENTER DRIVE 7057 nnnnnnnn I n nnnnnnnnnnn II SERVICE-TECHNOLOGY DRIVE & MITCHELL RD 7058 nnnnnn III nnnnnnn II SERVICE-PRAIRIE CENTER DRIVE 7059 n n n II n nnn I STAINLESS STEEL SHEET FOR WATER TANK 7060 ((III INI OFFICE SUPPLIES 7061 IIII III III I MOPS/DUSTERS-LIOUOR STORE/PRESERVE 7062 II nnnnnnnn n nnnnn III II STREET SIGN BRACKETS 7063 nnnnnnnnn Ill nnnnn I II WINDSHIELD WIPER BLADES 7064 nnnn Ill REFUND-SWIMMING CLASS 7065 nnnnnn n nnnnnn nnnnnnn FIELD LINING COMPOUND-PARK MAINTENANCE 7066 II nn AI PROJECTOR BULBS-ASSESSING DEPT 7067 nnnnn nnnn nnnnnn CABLE-STREET DEPT 7068 nnn IIII EXPENSES-POLICE DEPT 7069 nnnnnn nnnnnn INSTRUCTOR-RACQUETBALL/FEES PAID 7070 nnnnn nnnnn FILM-POLICE & ASSESSING DEPT 7071 nnnnn II nnnnnnnn II CRUSHED ROCK 7072 III I nnnnnn SUPPLIES-LIQUOR STORES 7073 nnnnnnn nnnnnnnnnnn I n VALVE-WATER DEPT 7074 II nnn nnnnnnnn II II MODIFICATION OF RADIO PROGRAM 7075 nnnnnnnnnn nnnnnn I III -FUEL PUMP/FITTINGS/CARBURETOR/GAS FILTER -BELTS/SPARK PLUGS/DISTRIBUTOR CAPS/BRAKE -SHOES/OIL SEAL/OIL FILTER/BRAKE DRUMS -BRAKE ROTOR/HEADLIGKS/WHEEL WEIGHTS FOR BALANCING WHEELS ( 6 CHAPIN PUBLISHING COMPANY LEGAL ADS 7077 man & U-JOINT BURNSVILLE INC HOSE-STREET DEPT 7078 CONSTRUCTION BULLETIN SUBSCRIPTION-ENGINEERING DEPT 86.40 16.5 n 47.0o 412302.43 7079 CONWAY FIRE & SAFETY INC -AIR BREATHING TANKS FOR JAIL(REGUIRED BY LAW) & FIRE TRUCKS COPY EQUIPMENT INC -PLANHOLD FILE 800/PENS/BLUELINE/2 STOOLS- ENGINEERING DEPT 7031 COUNTRY CLUB MARKET INC SUPPLIES-CITY HALL 7082 CROWN RIMER STAMP CO . NAME PLATES 7083 CUTLER-MACNER COMPANY QUICKLIME-WATER DEPT 7084 WARD F DAHLBERG APRIL EXPENSES 7085 DICKSON ELECTRIC INC 4 VAPOR LAMPS-PARK MAINTENANCE 7086 EUGENE DIETZ MARCH EXPENSES 7087 DIRECTOR OF PROPERTY TAXATION SERVICE-COMMUNITY SERVICES 7088 DORHOLT PRINTING/STATIONERY INC OFFICE SUPPLIES 7089 DRISKILLS SUPER VALU SUPPLIES-COMMUNITY CENTER CONCESSION STAND 7090 DYNA SYSTEMS COTTER PINS/CAGLE TIES-STREET DEPT 7091 EDEN PRAIRIE NEWS SUBSCRIPTION-ENGINEERING DEPT 7092 EDEN PRAIRIE SCHOOL DISTRICT #272 FEBRUARY GASOLINE/MARCH CUSTODIAL SERVICE 7093 EDEN PRAIRIE TRASHTRONICS MARCH TRASH PICKUP 7094 CITY OF EDINA MARCH WATER TESTS 7095 CITY OF EDINA WASHINGTON AVE AREA WATER/SEWER/STREETS 7096 ELVIN SAFETY SUPPLY .INC HIP BOOTS/JACKET/VEST-SEWER DEPT 7097 JEFF ELWELL SUPPLIES-FITNESS CENTER 7098 FARMERS STEEL CO IRON-PARK MAINTENANCE 7099 JOHN FRANE MARCH EXPENSES 7100 FRONTIER LUMBER & HARDWARE -PAINT-WATER DEPT/LUMBER FOR CITY HALL . REMODELING 7101 G & K SERVICES TOWELS/CLEAN JACKETS 7'12 GENERAL OFFICE PRODUCTS COMPANY OFFICE SUPPLIES ( 3 WES GROOTWASSINK BASKETBALL OFFICIAL/FEES PAID %1J1 GUNNAR ELECTRIC COMPANY INC NEW OUTLET FOR TIRE CHANGER-STREET DEPT 7105 SHIRLEY HANSON SERVICE-MINUTES FOR PARK & REC MEETINGS 7106 HASTINGS BUILDING CO SERVICE-STARING LAKE PARK SHELTER 7107 NANCY HARRISON COMMUNITY BAND DIRECTOR 7108 JIM HATCH SALES COMPANY INC 14 SHOVELS-STREET DEPT 7109 HENNETIN COUNTY TREASURER LIGHT BULBS/BOLTS/OXYGEN 7110 HENNEPIN COUNTY CHIEFS OF POLICE CONFERENCE-POLICE DEPT 7111 HENNEPIN COUNTY-SHERIFFS DEPARTME FEBRUARY 83 BOOKING FEES 7112 JOY HERRINGTON MILEAGE 7113 HOLMSTEN ICE RINKS INC SERVICE SEMINAR-COMMUNITY CENTER 7114 HOME MANAGEMENT OVERPAMENT OF UTILITY BILL 7115 HONEYWELL PROTECTION SERVICES INSTALL FIRE ALARM-POLICE DEPT 7116 HONEYWELL INC MAINTENANCE AGREEMENT-WATER DEPT 7117 HOPKINS DODGE SALES INC -BRAKE HOSES/WHEEL CYLINDER/GAS PEDAL/ CARBURATOR KIT 3512.80 1658.16 47.92 25.92 1805.77 80.00 68.19 150.00 15.00 1.10 123.95 56.00 13.00 3070.66 255.00 67.50 77263.14 74.30 2.12 71.40 165.40 202.33 86.18 43.34 60.00 62.26 32.50 2870.00 185.00 132.33 235.11 290.00 117.81 8.96 40.00 12.21 125.00 2989.50 150.23 7118 HOPKINS PARTS CO 7119 HUDSON MAP COMPANY 7120 MARK HURD AERIAL SURVEYS INC 7121 IAAO 7122 IBM RICHARD JOHNSON ( 4 CARL JULLIE 7125 JUSIUS LUMBER COMPANY 9716243 -ALTERNATORS/BRAKE PARTS/OIL FILTERS/ -STARTER/HORN GUARD/WHEEL BEARINGS/SPARK PLUGS/POWER STEERING PUMP METRO AREA MAP-WATER DEPT AERIAL PHOTOS-ENGINEERING DEPT DUES-ASSESSING DEPT TYPEWRITER RIBBONS-POLICE DEPT VOLLEYBALL OFFICIAL/FEES PAID EXPENSES -NAILS/PLYWOOD-PARK MAINTENANCE/PUTTY- CITY HALL REMODELING 349.57 129.95 116.00 65.0 155.4 n 144.(W 32.29 718.6, C1( 7126 KARULF HARDWARE INC -BATTERIES/GLOVES/ROPE/PIPE-SEWER DEPT -FlLE/SCREWS/MASKING TAPE/SCREENING/PAINT -BRUSH/PAINT ROLLER/WIRE/LIGHT BULBS-WATER -DEPT/PICK HANDLE/PLIERS/CONCRETE/KEYS/ -PAINT BRUSHES/BOLTS/CAULK-STREET DEPT/ -CLASPS/BELTS/HEDGE TRIMMER/BOLTS/ANCHORS/ -HINGE/SANDPAPER/BRACKETS/HANDLES/LOCKS/ -SCREWS/PRIMER PAINT/GLUE/PAINT/MAILBOX/ -IRON/RODS-PARK MAINT/LIGHTING BOXES -SKATING RINK-COMMUNITY CENTER/CLOTHES -HOOKS/FUNNEL-COMMUNITY CENTER/SCREWS/TAPE -NAILS/PLANE/AIR VENTS/PAINT/CASTORS-CITY -HALL REMODELING/STOVE/REFRIGERATOR/ DISHWASHER/WASHER/DRYER-P/S & P/W BUILDING 7127 KNOX LUMBER COMPANY TABLE-MANAGER OFFICE 7128 KOKESH ATHLETIC & GOLF SUPPLY FLOOR TAPE-ATHLETIC COORDINATOR 7129 KRAEMERS HOME CENTER -HACKSAW BLADES/PAINT/SHOVELS-WATER DEPT CHAIN/ROUTER BITS-PARK DEPT 7130 LANG PAULY & GREGERSON LTD JANUARY LEGAL SERVICE 7131 LEAGUE OF MINESOTA CITIES DUES 7132 LEEF BROTHERS INC DUSTMOPS/RUGS 7133 LIEBERMAN ENTERPRISES INC L P ALBUMS-COMMUNITY CENTER 7134 GARY LINDOM EQUIPMENT REPAIR 7135 LOGIS MARCH SERVICE 7136 LOWELLS AUTOM111VE SPECIALISTS BODY PUTTY-PAN MAINTENANCE 7137 LYMAN LUMBER COMPANY LUMBER-PARK MAINT & CITY HALL REMODELING 7138. MAHAFFEY TENT & AWNING CO INC MESH TARP-PARK MAINTENANCE 7' 1 MATTS AUTO SERVICE INC MARCH TOWING SERVICE MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT -hid METRO PRINTING INC . FORMS-ATHLETIC REGISTRATION 7142 METROPOLITAN WASTE CONTROL COMMIS MARCH SAC CHARGES 7143 MIDLAND EQUIPMENT CO REPAIR DOOR ON TRUCK BOX-FORESTRY DEPT 7144 MIDWEST ASPHLAT CORPORATION BLACKTOP 7145 NINNEAROLIS STAR & TNIBUNE CO EMPLOYMENT AD-POLICE DEPT 7146 MINNESOTA DAILY EMPLOYMENT AD-RECREATION DEPT 7147 MINNESOTA FIRE INC AIRTANK BRACKETS-FIRE DEPT 7148 MINNESOTA GAS COMPANY SERVICE 7149 MINNESOTA TORO INC TRAIL MAINTENANCE BROOM-PARK DEPT 7150 WILLIAM MITCHELL BOOKSTORE LAW BOOKS-POLICE DEPT 7151 MODERN TIRE CO -WHEEL ALIGNMENT/STEERING ADJ-POLICE DEPT REPAIR FLAT TIRE-PARK DEPT 7152 MOHN ELECTRIC COMPANY STAIRWAY LIGHTS-WATER DEPT 7153 WM MUELLER & SONS INC REFUND DEPOSIT ON PLANS & SPECS RETURNED 7154 MARY MURANE REFUND-FITNESS CLASS 7155 NATIONAL RECREATION & PARK ASSN BOOK-COMMUNITY SERVICES 7156 NORTHERN STATES POWER SERVICE 7157 NORTHLAND ELECTRIC SUPPLY CO ELECTRICAL CONNECTORS FOR FIRE TRUCK 7158 NORTHWESTERN BELL TELEPHONE SERVICE 7159 NORTHWESTERN NATIONAL BANK OF MPL BOND PAYMENT , 7160 NORTHWESTERN PRINTING PRINTING-ENGINEERING DEPT 7161 TOM 0 BRIAN ARTWORK SERVICE 7)62 OFFICE PRODUCTS OF MINNESOTA INC BASIC PROGRAM PACKAGE 1 OLSEN CHAIN & CABLE CO INC PULLEY-STARING LAKE PLAYGROUND 4546.01 24.38 4.50 146.18 8332.44 1970.00 69.15 60.99 30.00 3573.64 1.79 509.01 67.88 25.00 40.30 412.00 29873.25 247.80 127.24 100.80 31.20 169.44 636.47 257.62 62.50 102.28 83.00 25.00 22.00 21.25 6881.5? 89.21 3706.4R 1573499.25 447.05 15.00 304.00 163727137 6'12 7( SHAKOPEE FORD INC 7- GORDON SMITH CO 2 WAY MOBILE RADIO MILEAGE SAND-STREET DEPT POP-COMMUNITY CENTER CONCESSION STAND LEGAL SERVICE-KOPESKY/METRO CONTRACTING MILEAGE BOOKS-RECREATION DEPT SUPPLIES-LIQUOR STORE/PRESERVE -REVAMP ELECTRICAL SERVICE AT COMMUNITY CENTER TO ACHIEVE A 10% POWER SAVINGS FILE CARDS-COMMUNITY CENTER SHARPEN ZAMBONI MACHINE BLADES CROWFOOT WRENCH I -SERVICE-HOMEWARD HILLS ROAD/ARGON GLEN/ -CARDINAL CREEK 3RD ADDITION/LAVONNE IND PARK/PRAIRIE CENTER DRIVE REFUND-SKATING CLASS SLIDES DEVELOPED-PLANNING DEPT ADS-LIQUOR STORES PORTABLE RESTROOMS ELECTRICAL WIRING-P/S & P/W BUILDING -TOOL CHEST/ROLLER CABINET/WRENCH SET- ,SEWER DEPT/PLIER/BOLT CUTTER/PIPE WRENCH -SCREWDRIVER SET-POLICE DEPT/GRINDING WHEELS-PARK MAINT/BLINDS-COMMUNITY SERVICE BODY REPAIR ON SQUAD CARD/AXLE -OIL FILTERS/CARBURATOR KITS/WHEEL -CYLINDER ASSY/ALTERNATOR CORE/BELTS -SPARK PLUGS/FUEL PUmP/ALTERNATOR/STARTER/ -SWITCH/VOLT REGULATOR/ANTENNA 71! OMNITRON/DON WENDLING 71. CHARLES PAPPAS 7166 W G PEARSON INC 7167 PEPSI COLA BOTTLING CO 7168 PERBIX HARVEY & THORFINNSON 7169 CONNIE PETERS 7170 CITY OF PLYMOUTH 7171 POKORNY COMPANY 7172 PRAIRIE ELECTRIC COMPANY INC 7173 PRAIRIE OFFSET PRINTING INC 7174 R & R SPECIALTIES INC 7175 DAVID RAQUET 7176 RIEKE-CARROLL-MULLER ASSOCIATES 7177 KAREN REMSFER 7178 ROBERTS DRUG 7179 SAILOR NEWSPAPERS INC 7180 SATELLITE INDUSTRIES INC 7181 SAY ELECTRIC INCORPORATED 7182 SEARS ROEBUCK & CO 440.00 33.25 961.74 167.75 568.00 16.00 75.50 6.50 2145.00 32.50 106.40 15.60 21681.09 23.00 7.57 243.00 206.32 493.22 577.62 1281.70 427.21 7185 SON or A PRINTER 7186 THE SPORTS FOUNDATION 7187 EMMETT STARK 7188 STATE OF MINNESOTA 7189 SUBTERRANEAN EN3INEERING INC 7190 SUN CONTROL OF NORTHERN MINNESOTA 7191 SUPPLEE ENTERPRISES INC 7192 TIERNEY BROTHERS INC • 7193 TWIN CITY TESTING & ENG LABORATOR 7194 UNIFORMS UNLIMITED 7195 VALLEY INDUSTRIAL PROPANE INC 7196 VAN WATERS & ROGERS 7197 VIKING L030RATORIES INCORPORATED 7193 VINCENT BRASS & ALUMINUM CO 7199 WATER PRODUCTS COMPANY 7200 WEAVER ELECTRIC CO INC 7201 WESCO 7202 WILLIAMS STEES & HARDWARE 7 ,03 WILSON TANNER CORPORATION ( 1 YOU UnY mox CORPORATION 7205 ZIEGLER TIRE SERVICE 3752918 PRIRTING-ATHLETIC COORDINATOR & POLICE LAPEL PINS-COMMUNITY SERVICES COMMUNITY BAND DIRECTOR BOOK-LIQUOR STORE/PRESERVE SOIL TESTS-VALLEY VIEW ROAD & 1494 REPAIR WINDOW-CENTRAL FIRE STATION SUPPLIES-LIQUOR STORE/PRESERVE TAPE FOR LETTERING MACHINE-POLICE DEPT TESTS-WATER DEPT UNIFORMS-POLICE DEPT & FIRE DEPT GAS CYLINDERS-COMmUNITY CENTER CHLORINE-WATER DEPT CHEMICALS-COMMUNITY CENTER BOLTS 6 NUTS-STREET DEPT SUPPLIES-WATER DEPT 6 HALIDE LAMPS-COMMUNITY CENTER 2 LAMPS-PARK MAINTENANCE STEEL-PARK DEPT MAP OF ROUND LAKE PARK BOOKS-COMMUNITY CENTER MARCH SERVICE TIRE-STREET DEPT 44.53 8.40 40.00 1.50 228.00 60.00 5.32 87.95 96.50 3996.45 209.30 358.20 93.50 95.50 168.30 600.70 210.6!, 150.6o 1274.8 143.6 S2,247,178.7!. 6'6 MPMORANDI OI TO; TI1RU: FROM; DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Sandra F. Werts, Recreation Sup 1; r April 13, 1983 Community Theatre Request for Funding The Eden Prairie Community Theatre for the past two summers has produced a musical for community participation and enjoyment. In 1982 they requested that the Historical and Cultural Commission provide funds for the script, scores and royalities, which they did as the City was able to use a purchase order and pay the fees at the end of the production. This amounted to $900. In 1982, the Theatre group asked for a $1,000 grant to help them get started, which the Commission gave to them. In return the Commission asked for a full accounting of their revenues and expenditures. They broke even with around a $700 balance to help them start the 1983 program. This year the request to the Commission was for $4,000. The group projected their expenditures to be around $11,700 and felt they could raise $7,700 from ticket sales, patrons, sponsors and advertising. nen the Commission was planning for their 1983 budget they asked for less than they had in 1982 and the Council further reduced their budget another $1,000. The Com- mission anticipated a request from the Community Theatre in 1983, and therefore . budgeted $1,000 for them. At the time, the Commission felt that as the Community Theatre grew the need to underwrite some of the costs should decrease. In reviewing the 1983 request, the Commission agreed that $1,000 would be all they could give to the Community Theatre. They also felt that they have not received enough recognition for their grant and would request that consideration this year. The following recommendation was made at the Historical and Cultural Commission meeting on Thursday, April 7, 1983: MOTION: Richter moved that the Commission support the upcoming Community Theatre production of Carnival with a grant of $1,000 and recommend that the City Council support this request. The motion was seconded by More and passed unanimously. A copy of the Community Theatre request and budget is attached. SW:md 6'11/ . March 31, 1983 Members of Historical and Cultural Commission: Again, Eden Prairie Community Theatre has come together for its summer production . The selection has been made and interest in Robert Mcrrills "Carnival" is beginning to build. Each year we face the task of funding our project and it is never easy. Through hard work, the sale of program ads, patronage and, this year the sale of memberships, our group can have just enough and no more. Increases in salaries, building rentals and royalties have caused us to ask all our sponsors to -dig deeper. Attached is our proposed budget for the 1983 production and a request for funds to help cover building rentals, (High School and Middle School), custodial fees, royalties and a portion of salaries to be paid, a total of $5,700. Our request is for $4,000. We await your consideration and answer. Respectfully Submitted, Kathy Perry Secretary E.P.C.T. P.S. In order to maintain as much community participation as possible, we do not plan a ticket price increase. 6'75 Proposed Budget: CARNIVAL 1983 ROYALTIES SALARIES COSTUMES SET PROPS LIGHTING MAKE UP PROGRAM PRINTING PUBLICITY INSURANCE SCHOOL RENTAL AND CUSTODIAL FEES PHOTOS AND POSTAGE, ETC. SCHOONER DAYS (income ?) PRE—PRODUCTION PROMOTION (not income producing) PROJECTED INCOME: TICKETS ADS, PATRONS AND SPONSORS 1300.00 1500.00 400.00 1000.00 500.00 100.00 50.00 2000.00 200.00 200.00 3000.00 150.00 500.00 500.00 / 800.00 11,700.00 3700.00 4000.00 7700.00 C76, TO: Mayor and Council FROM: John Franc DATE: April 13, 1983 RE: Final approval MIDB's McGlynn Bakeries $900,000 Resolution #83-85 Attached are the responses to questions raised by you at the hearing on March 15. In summary: The letter of credit is irrevocable. In the case oi a default the trustee for the bondholders would draw upon the letter to pay the bondholders. The bank might reclaim the equipment in the same manner as it might reclaim a building similarily secured. McGlynn will not remove the equipment during the life of the bond issue. The letter from McGlynn addresses our concerns about zoning violations. The City Attorney's office has reviewed and approved final documents. Resolution #83-85 will be in the Mayor's signature file Tuesday evening. 4.77 McGlynn Bakeries, Inc. March 21, 1983 The Honorable Wolfgang Penzel, Mayor Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: $900,000 EDEN PRAIRIE, MINNESOTA Industrial Development Revenue Bond (McGlynn Bakeries, Inc.) The Honorable Mayor Penzel: After listening to not only your cements, but some of the other re- spective council members, we have deemed it advisable to just take a few moments of your time to hopefully enlighten not only you, but the total council as to some of the things which have transpired at our corporate headquarters facilities. Per our recent appearance before your body, I would like to reemphasize the fact that we moved to this municipality because of various and many good reasons. We not only like the cemnity, but it has an excellent location and has afforded us an opportunity to grow as the municipality has grown. We are pleased to advise you we have had continued growth which has been rather rapid, even during the current economic recession. We are proud to be located here and also to be contributing to the municipality's tax base. Our contemplated expansion will add a possi- bility of twelve to twenty-five new additional employees. Addressing the question of our violating possible zoning codes, we responded to the public discussion, that when we originally purchased the building, we had to inherit certain leases and honor them accord- ingly. Secondly, we did advise the council this past Tuesday, March 15, that as we were continuing to show growth, that we were not renewing certain leases as they became available for our own use. Our tentative long range commitments will definitely proceed along this course. We wanted to reaffirm you in writing that it is our continued policy to conform to all of the rules, regulations and zoning codes as instituted by the city of Eden Prairie. Genera ()Dices - 7752 Mitchell 00ad Eden Ptiline. Minn 55344 Phone 612 937-9404 '7 ? The Honorable Mayor Penzel March 21, 1983 Page Two We feel our corporate headquarters is a very nice addition to the city and we constantly maintain it and are quite proud of our location and of our existence within the corporate community of Eden Prairie. We hope that this letter will reaffirm our statements to the council and clear the air as to this problem, which I am sure will be resolved as soon as possible by our company. ThanIt you again for your courtesies and time. Respectfully yours, Michael J. McGlynn President cc: Richard Anderson, George Bentley, Paul Redpath, George Tangen, Carl J. Julie, Roger Pauly, John Frane. bb CRONIN & MARCOTTE, INC. MUNICIPAL SEC01-?1TIP.S Suite 1400 • Lutheran Brothel hood EiIdu • 625 4th Ave So • Minneopolei, MN 55415 • (612)339 8561 March 22, 1983 The Honorable Wolfgang Penzel, Mayor Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota RE: $900,000 EDEN PRAIRIE, MINNESOTA Industrial Development Revenue Bond (Mc Glynn Bakeries, Inc.) The Honorable Mayor Penzel: This will confirm the appearance of Mr. Michael McGlynn, President of Mc Glynn Bakeries and myself as the designated underwriter, for the above captioned financing before the City Council this past Tues- day, March 15, 1983. Hopefully, conforming to your specific request to furnish you and the councilmen setae additional documentation prior to the passing of the final resolution covering this intentcA borrowing. We herewith sub- mit the documents for your inspection and approval. I would like to address t he subject in this letter also, so that we are very clear and concise in our attempt to fulfill your specific requests. First and foremost, prior to appearing before the council, the McGlynn Bakeries, Inc., did have in their possession, a firm and full letter of committ- mint from the First Southdale Bank covering the entire borrowing for a period ten (10) years. Addressing your question as to whether or not the letter of credit would have a security interest in the equip- ment, at the meeting on Tuesday, March 15, I had not been privy to the examination of the committment letter. The direct answer to your question at this writing is the bank will have a protected secur- ity interest in the equipment being purchased through the issuance of the said bonds". The letter of credit as we discussed, is irrevocable and in laymen's language it is probably as tight as a security protection that one can secure. The investors which are to be of institutional type are ex- tremely familiar with letters of credit and are fully protected. Another question which we would like to respond to is Mc Glynn Bakeries, Inc. have agreed and it will so state in the official documentation, that the equipment purchased through the issuance of the said bonds will 'emaili on the pi emise thiough the life of the bond issue. We are enclosing a copy of the preliminary draft of the letter of credit. In addition, the first drafts of the documents will contain everything which you have so stipulated for us to do. Finally, there is an 6, 0 The Honorable Mayor Penzel $900,000 Eden Prairie, MN March 22, 1983 Page Two additional letter from the Mc Glynn Bakeries, Inc., which we enclose for your review also. Thank you so much for the courtesies and time you have extended to us at this time and if there is any further information which you or any of your respective associates desire, please feel free to pick up the phone and call me directly or Mr. Stephen Rosholt, 371-5344, the designated bond counsel. Enclosures CC: Richard Anderson, George Bentley, Paul Redpath, George Tangen City Manager Carl J. Junto City Attorney Roger Pauly Finance Director John Prune 6'4 I [FIRST SOUTHDALE NATIONAL BANK OF EDINA LETTERHEAD] , 1983 RE: OUR IRREVOCABLE COMMERCIAL LETTER OF CREDIT NO: AMOUNT: $ ** U.S. FUNDS GENTLEMEN: WE HEREBY AUTHORIZE YOU TO VALUE ON OURSELVES AT SIGHT FOR ANY SUM OR SUMS NOT EXCEEDING A TOTAL OP: FOR ACCOUNT OF: McGLYNN BAKERIES, INC. 7752 MITCHELL ROAD EDEN PRAIRIE, MINNESOTA 55344 FOR 100% OF BENEFICIARY'S SIGNED STATEMENT (SIGNED BY AN OFFICER) AS FOLLOWS: "RE: THE FIRST SOUTHDALE NATIONAL BANK OF EDINA CREDIT NO. DATED , 1983 WE ARE THE TRUSTEE UNDER THAT CERTAIN INDENTURE OF TRUST DATED AS OF , 1983 (THE "INDENTURE") BETWEEN THE CITY OF EDEN PRA1RTE, MINNESOTA (THE "ISSUER") AND US, AS TRUSTEE FOR THE HOLDERS OF THE INDUSTRIAL DEVELOPMENT REVENUE BONDS (McGLYNN BAKERIES, INC. PROJECT), SERIES 1983 (THE "BONDS"), ISSUED BY THE ISSUER. WE HEREBY DRAW UNDER SAID LETTER OF CREDIT IN THE AMOUNT OF $ . SAID AMOUNT IS BEING DRAWN WITH RESPECT TO THE PAYMENT OF THE UNPAID PRINCIPAL OF AND/OR PREMIUM ON THE BONDS WHICH IS DUE AND PAYABLE ON , 19 . AND HAS BEEN COMPUTED IN ACCORDANCE WITH TiTE PONDS AND THE INDENTURE AND DOES NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL OF (A) THE AMOUNT OF UNPAID PRINCIPAL OF THE BONDS wnicH IS ACTUALLY DUE AND PAYABLE ON SAID DATE, AND (B) THE AMOUNT OF PREMIUM ON THE BONDS WHICH IS ACTUALLY DUE AND PAYABLE ON SAID DATE. (C) THE AMOUNT OF INTEREST NOT EXCEEDING SIX MONTHS' INTEREST) ON THE BONDS WHICH IS ACTUALLY DUE AND PAYABLE ON SAID DATE ($ ), AND (D) THE AMOUNT OF PRINCIPAL OF, AND PREMIUM AND INTEREST ON THE BONDS PAID BY US PURSUANT TO THE INDENTURE FROM FUNDS DEPOSITED BY McGLYNN BAKERIES, INC. FOR THAT PURPOSE WITHIN 91 DAYS PRIOR TO THE FILING OF A PETITION IN BANKRUPTCY WITH RESPECT TO McGLYNN BAKERIES, INC. ($ ), REDUCED BY THE AGGREGATE AMOUNT OF ALL FUNDS HELD BY US FOR AT LEAST 91 CONSECUTIVE DAYS UNDER THE INDENTURE AND WHICH ARE AVAILABLE FOR THE PAYMENT OF SAID PRINCIPAL, rprnIum AND/OR INTEREST ($ WE CERTIFY THAT THE CONDITIONS SET FORTH IN SECTION (7.12.) (7.13) OF THE INDENTURE NOW EXIST, AND THP,T WE AE AUTHORIZED THEREUNDER TO SUBMIT A DRAFT UNDER SAID LETTER OF CREDIT. ONLY ONE DRAFT MAY BE DRAWN UNDER THIS LETTER OF CREDIT AND MUST: (1) BE ENDORSED HEREON; (2) BEAR THE CLAUSE, 'DRAM UNDER THE FIRST SOUTHDALE NATIONAL BANK OF EDINA CREDIT NO. DATED , 1983" PRESENTATION OF SUCH DRAFT, SIGNED STATEMENT, SATISFACTIONS AND TERMINATION STATEMENTS SHALL BE MADE AT OUR OFFICE LOCATED AT 7001 FRANCE AVENUE SOUTH, EDINA, MINNESOTA 55435 ATTENTION: WHICH MAY BE DESIGNATED HI US BY WRITTEN NOTICE DELIVERED TO YOU. IF WE RECEIVE YOUR DRAFT, SIGNED STATEMENT, SATISFACTIONS AND TERMINA- TION STATEMENTS AT SUCH OFFICE NOT LATER THAN THREE BUSINESS DAYS (ANY DAY OTHER THAN A SATURDAY, SUNDAY OR A PUBLIC HOLIDAY OR THE EQUI.VALRNT UNDER THE LAWS OF THE STATE OF MINNESOTA) PRIOR TO THE PAYMENT PATE SPECIFIED IN YOUR SIGNED STATEMENT, ALL IN STRICT CONEORMITY WITH THE TERMS AND CONDITIONS or THIS LETTER OF CREDIT, PRIOR TO THE EXPIRATION HEREOF, WE WILL PROMPTLY HONOR THE srmr ON SAID PAYMENT DATE IN ACCORDANCE WITH YOUR PAYMENT INSTRUCTIONS. IF REQUESTED BY YOU, PAYMENT UNDER THIS LETTER OF CRERIT MAY PE MADE PY WIRE TRANSFER OR BY DEPOSIT OF FUNDS INTO A DESIGNATED ACCOUNT THAT YOU MAINTAIN WITH US. -2- 14) THIS LETTER OF CREDIT SHALL EXPIRE AND TERMINATE AT 4:00 O'CLOCK P.M. (MINNEAPOLIS TIME) ON , 19 . THIS LETTER OF CREDIT IS SUBJECT TO. THE UNIFORM CUSTOMS AND PRACTICE FOR COMMER- CIAL DOCUMENTARY CREDITS (1974 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 290. COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE IN WRITING AND SHALL BE ADDRESSED TO US AT 7001 FRANCE AVENUE SOUTH, EDINA, MINNESOTA 55435 ATTEN- TION: , SPECIFICALLY REFERRING TO THE NUMBER OF THIS LETTER OF CREDIT. THIS LETTER OF CREDIT IS TRANSFERABLE IN ITS ENTIRETY (BUT NOT IN PART) TO ANY TRANSFEREE WHO HAS SUCCEEDED TO YOU AS TRUSTEE UNDER THE INDENTURE. EACH LETTER OF CREDIT ISSUED UPON ANY SUCH TRANSFER MAY BE SUCCESSIVELY TRANSFERRED. TRANSFER OF THE AVAILABLE DRAW UNDER THIS LETTER OF CREDIT TO SUCH TRANSFEREE SHALL BE EFFECTED BY THE PRESENTATION TO US OF THIS LETTER OF CREDIT ACCOMPANIED BY AN INSTRUCTION SUBSTANTIALLY IN THE FORM OF THE ANNEX ATTACHED HERETO. UPON SUCH PRESENTATION, WE SHALL FORTHWITH ISSUE AN IRREVOCABLE LETTER OF CREDIT TO YOU TRANSFEREE WITH PROVISIONS THEREIN CONSISTENT WITH THIS LETTER or CREDIT. FIRST SOUTHDALE NATIONAL BANK OF EDINA, MINNESOTA AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE -3- at/ ANNEX INSTRUCTION TO TRANSFER IN ENTIRETY , 19 First Southdale National Bank of Edina 7001 France Avenue South Edina, Minnesota 55435 - Attention: Re: CREDIT NO. ISSUED BY FIRST SOUTHDALE NATIONAL BANK OF EDINA Gentlemen: For vvlue rc.ceived, the unSersigned beneficiary hereby transfers to (Ncsme of TrLns:eree) (Address) all rights of the underr,..igned beneficiary to draw under the above Letter of Credit in its entirety. By this transfer, all rights of the undersigned benefi- ciary in such Letter of Credit are transferred to the transferee and the transferee shall hereafter have the sole rights as beneficiary thereof, including sale rights relating to any . amendments, whether increases or extensions or other amendments and whether now or hereafter made. All amendments are to he advised direct to the transferee without necessity of any consent of or notice to the undersigned beneficiary. The advice of such Letter of Credit is returned here- with, and we ask you to endorse the transfer on the reverse hereof, and forward it direct to the transferee with your custom- ary notice of transfer. Very truly yours, By Trustee -4- 6to April 7, 1983 ;2;731 111)11 1N3 Mr. Carl Jullie, City Manager City of Eden Prairie 8950 Eden Prairie Road Ed,m Prairie, MN 55344 Dear Ar. Jullie: Enclosed is Joint Use Rental Agreement No. 438 which is being renewed for a five-year period from January 1, 1983, through December 31, 1987. The annual payment has been increased to $1,744.00, with payments made on an annual basis rather than on a monthly basis. The payment for 1983 will be made shoi .tly after execution of this Agreement. Subsequent payments will be made on January 31st, of each ye:ir thereafter. Please execute all throe (3) copies of the enclosed Agreement and return to this office. Your prompt attention to this matter will be greatly appreciated. Anthony C.\erre Deputy Chief Administrator cc: R. L. Berg, Comptroller, MWCC R. W. Arbour, Interceptor System Manager, MCC Enclosures ACG:CLL if STATEMENT OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 438 The Metropolitan Waste Control Commission and the City of Eden Prairie agree to renew the Joint Use Rental Agreement No. 438 under the terms and conditions contained in the agreement which is currently in force between these parties. The renewal period shall be for five (5) years commencing on January 1, 1983 through December 31, 1987. The Commission hereby agrees to pay the municipality the total sum of $1,744.00 for the use, operation and maintenance of the interceptor sewers described in Exhibit "A" of the original agreement on or before January 31 of each calendar year during the agreement renewal period. On or before November 1, 1987, the Commission may give the municipality written notice of its intention to renew this Agreement. Within thirty (30) days after receipt of such notice the municipality shall notify the Commission in writing whether it will renew the Agreement. If the municipality fails to give such notice within such period, the Agreement shall be renewed for the following calendar year without modification, except by consent of both parties. If the Commission fails to give the municipality notice of its intention to renew by November 1, 1987, the Agreement shall be renewed only by consent of both parties. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to the renewal Agreement. CITY OF EDEN PRAIRIE METROPOLITAN 4ASTE CONTROL COMMISSION George H. Frisch, Chairman George W. Lusher, Chief Administrator Date Date April 19, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-83 APPROVING JOINT USE RENTAL AGREEMENT 438 WITH MWCC WHEREAS, the City of Eden Prairie and the Metropolitan Waste Control Commission (MWCC) have previously entered into Joint Use Rental Agreement 438; WHEREAS, the provisions of Joint Use Rental Agreement 438 contained a clause requiring yearly renewal of the document; and WHEREAS, both the MWCC and the City of Eden Prairie agree that extending the renewal terms to a 5 year- basis would serve the needs for both agencies. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Statement of agreement renewal Joint Use Rentl Agreement 438 is hereby approved. 2. The Mayor and City Manager are hereby authorized and directed to execute said document. ADOPTED by the City Council on April 19, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Irene, Clerk March 28, 1983 Planning Commission Minutes 'hers Present: Chairman Bearman, Hallett, Johannes, Marhula, Torjesen A. LAVONNE INDUSTRIAL PARK, by Norman Undestad. Request for Site Plan Review of 3-.37 acres for an office/warehouse site. Location: North of Edenvale Boulevard, east of Chicago Northwestern Railroad. A public meeting. Staff reviewed the request of the proponent with the Commission and reviewed the Staff Report of March 25, 1983. It was stated that the project had been brought to the Commission as a result of a requirement of the Developer's Agreement with Eden Prairie Partnership for this property from 1982. This requirement was made Planning Commission Minutes 2 March 28, 1983 part of the Agreement due to the fact that the existing residential area to the south was in such close proximity to the site; therefore, each site must return to the Planning Commission and Council for review and approval, prior to building permit issuance. Mr. Bill Hennemuth, RCM, representing the proponent, presented the proposal to the Commission. He stated that the project was the most northerly parcel of this industrial area and would be known as the Track line building. Mr. Hennemuth reviewed the exterior materials to be used and the landscaping proposed for the site. Staff pointed out that the proponent's plans indicated filling approximately one-half acre of the area designated as floodplain in the north central portion of the site. Planner Enger stated that this would be a hydrological question since the area was not designated as Public Waters to be dealt with by the Watershed District. It was also pointed out that parking spaces had been provided based on the actual uses proposed within the structure--this was not proposed to be a "spec" buil6ing. Planner Enger stated that it would be important in this case to allow for flexibility within the site plan in the event owners cha,iged since only JO parking spaces were provided and normally a buildiag of this size would require 120 parking spaces. A 30-space parking buffer was proposed in the north area of the building, an area which has the least impact on the residential area to the south. DISCUSSION: Marhula questioned what the value of the building would be. Mr. Norman Undestad', owner, stated that it would be one million dollars. Marhula stated that he concurred with Staff that the parking areas to the north and south of the proposed building showed insufficient screening. He suggested that the proponent invest more into the landscaping of the building site in order to maintain it as a desirable property, in addition to fulfilling the requirements of the City Code for landscape screening. Marhula also stated that he felt it would be to the proponent's advantage to allow for the additional 30-space parking buffer, especially if, and when, the building would be sold so that it could possibly be sold to a use needing more than the 70 parking spaces shown. Hallett questioned how the City would be protected, if the building was sold and more spaces were needed by the new tenant(s). Planner Enger stated that this would be controlled by checking this matter at the time of request for an occupancy or remodeling permit by the new tenants or owners. Hallett asked if criteria had been established for where and when elonning Connission Minutes 3 March 28, 1983 the City would require sidewalks or trails to be located within industrial areas. Planner Enger stated that normally sidewalks were not required in industrial areas. There was a sidewalk planned along one side of the east-west road serving this industrial park. Hallett stated that he would like the issue of sidewalks to be placed on a future Planning Commission meeting agenda. He added that he felt it was important for the City to begin requiring sidewalks in industrial and commercial areas. The other Commission members concurred in the need for further study. Johannes questioned what additional site preparation would be necessary to provide the 30-space parking buffer--specifically, would additional fill or soil correction be necessary. Mr. Hennemuth stated that the area was already planned to be prepared with the original grading of the site. If the additional spaces became necessary, it would be a matter of adding the hard surfacing to the area. Johannes asked which public accesses would be used for the site. Staff responded that the public roads would be part of a public improvements project in this area, which would be assessed to the abutting property owners. This veuld be done at the time of boilding the Track Lire structure. Acting Chairman Torjesen questioned whether the construction of the building was contingent upon the road being built. Mr. Undestad stated that it was not. Planner Enger stated that the road Improvements were underway in the City's Engineering Department. Acting Chairman Torjesen asked if the 10 ft. wide planting strip on the south end of this site was adequate for the proposed use. Staff responded that. it was expected that an additional 10 ft., totalling 20 ft., would 'be added with the development of the next lot, which was standard for industrial parks in Eden Prairie. Roger Sandvig, 14280 Stratford Road stated that he was concerned with the proposed use of metal facia at the top of the building. He questioned whether the proponent might be starting a precedent for a type of building material to be used by each additional building which would be part of this area. He stated that his major concern was reflective glare from the metal materials. Mr. Sandvig also requested that additional evergreen plantings be used for screening the property from adjacent residents. He stated that, in his opinion, evergreen plantings provided better protection than deciduous plantings. He also asked the Commission to require trees of 4-6 ft. in height for the proposed landscaping plan of this site and those to follow in this project. Mr. Hennemuth responded that the metal facia proposed would be ribbed with a dull, not glossy finish to it, which would not be reflective. 69 I Planning Commission Minutes 4 March 28, 1983 Planner [flyer slated that the exterior materials should also consider an architecurally integral manner of screening the rooftop mechanical equipment. While screening of rooftop mechanical was a requirement of the City Code, the proponents often are not in a position to know the exact location of the equipment until the end of the meeting process, or at the time of building permit issuance. It had become difficult and sometimes subjective at that point to require screening in an architecurally integral manner of the mechanical equipment. While this level of detail was not necessarily considered at the Planning Commission level, Staff suggested that, with industrial buildings, the City begin requiring that the Commission review the screening proposed at this point in the process to avoid problems at the time of building permit issuance. Marhula stated that he shared the concern of Mr. Sandvig regarding the screening for the site. He asked Staff for their opinion regarding additional evergreen trees. Planner Enger responded that evergreen trees did provide screening,: however, deciduous trees also could buffer views from higher elevations where evergreens could not. Actin? Chairman Torjesen asked Staff if the peoponent's proposal as in noh ,Az.n':.ial cc:roliauce ccnditions of the Developer's Agreeleent ;or this peoperee. P1evr Enecr responded that it yes, subject to the recommendetions es listed in the Staff Report of March 25, 1983. Mr. Sandvig asked if it would be possible to require that none of the loildines of this industrial area be allowed to use metal as an exterior material Mr. Undestad stated that he wanted all of the buildings in the development to .look different from each other, not to be copies of each other. MOTION: Motion was made by Marhula, seconded by Johannes, to recommend to the City Council approval of the site plan for LaVonne Industrial Park by Norman Undestad for 3.97 acres for an office/warehouse use, subject to plans and written materials dated March 4, 1983, and subject to the recomendations of the Staff Report dated March 25, 1983, with the addition of a condition .#7 to read: "All rooftop mechanical equipment shall he screened in an architecturally integral winner to the rest of the building. Motion carried--4-0-0 Chairman Burman arrived at 8:30 p.m. 69 , SlAFE REPORT TO: FROM: THROUGH: DATE: APPLICANT: FEE OWNER: PROJECT: LOCATION: Planning Commission Stephen Sullivan, Assistant Planner Chris Enger, Director of Planning March 25, 1983 Norman Undestad Franklin National Bank Track Line Building West of Carlson Drive, east of Chicago Northwestern Railroad, north of Edenvale Boulevard REQUEST: Site Plan Review of 3.97 acres for office/warehouse use Background The site had previously beeri reviewed and approved as a parcel within the Eden Prairie Partnership PUO. All proposed developmonts are to receive Site Plan Review ( the C:eveeocr's Agreement. The current zoning is 1-2. The Guide Plan depicts this area as Industrial. Existing Site Character The porcel is choracterized by rolling terrain will E-.30;', slopes draining to the center of the site then to the east to Nine Mile Creek. An outlet from under the railroad embankment presently drains to the center portion of the site which is designated as floodplain. Approximately one-half acre of floodplain will be filled in the central and northern portioris of the site. The area to be filled is not designated as public waters. With development, this outlet will tie to a proposed storm water line running parallel to the railroad tracks within the parcel. The floodplain elevation is 892, which also includes the north portion of the site. A slope of 80% is located along the railroad embankment. The soils are conducive to development. Meadow grasses with saplings cover the parcel. Wildlife habitat supporting small mammals and birds will be lost with development. Ordinonce Reouirements The proposal meets or exceeds the minimum lot size, width, side, front, and rear yard setbacks. A floor area ratio of 0.24 is proposed, based on a 43,030 sq. ft. structure on a 173,317 sq. ft. lot. The proponent his provided parking for 71 cars, 'Cc! thy the City Code requirement. The parking requirement is based on the ,ilding beim) dosigwd for three owners with predescribed office and warehouse square footage requirements. A condominium type ownership is proposed. Any future Trick Line Staff Report 2 March 25, 1983 ievis.ion of the offiLe/warehouse ratio would change the parking requirement and possible increase the needed parking greater than what is proposed. A landscape plan is provided indicating screening of the parking and mechanical areas. The proponent has placed a 4 ft. to 6 ft. berm in combination with evergreen/deciduous trees adjacent to the right-of-way, between the two access drives. Preliminary evaluation indicates screening of the east parking lot and west loading area. Parking areas to the north and south of the proposed building have insufficient screening. The proponent shall submit an amended plan to the City for review and approval prior to building permit issuance. All signage shall conform to the City Code. Site Plan The building pad, parking, and loading areas are basically graded flat by filling 10 feet within the floodplain in the center of the site, cutting 7.5 feet to the south, and cutting 4 feet, providing for a sedimentation basin to the south, which is also located in the floodplain. Further filling within the floodplain is proposed for implementation of the north parking area. The proponent shall submit plans to the Watershed District for review and approval prior to building permit issuance. Slopes of 31 are propsed along the north one-third of the railroad embankment, within the sediJ:cnta,tion basin, the east berm, and outside the northeast and southwest property lines of the proposed parcel. The proponent is responsible for acquiring a grading easement from the railroad where grading is proposed. A proposed 30-48" storm sewer pipe lies along the west property line. An existing 30" line lying under the tracks ties to this storm sewer section, which outlets to the proposed sedimentation basin. The sedimentation pond is designed to fill to the 894 elevation (8 ft. depth), then outlet to the east, running overland to two existing culverts lying under Carlson Drive, then flowing into Nine Mile Creek to the east. Drainage of the north, south, and east parking areas is collected by on- site catch basins and catch basins in Carlson Drive. Water and sanitary sewer for the site is located in utilities along Carlson Drive. The proponent indicates a 10 ft. utility easement along all property lines per City Engineering Department recommendations. An existing 35 ft. wide utility easement for a 21" sanitary sewer line running northwest/southeast lies within the site. No permanent structures are proposed over the easement area. The proponent shall submit plans to the Metro Waste Control Commission for review and approval prior to building permit issuance. The proponent shall submit information regarding sewer, water, and drainage to the Engineering Department for review and approval prior to building permit issuance. Two access drives are proposed off Carlson Drive. The surrounding road system is designed to carry the traffic generated from the proposed land use. The continuation of Edenvale Boulevard and Carlson Drive will be implemented this Sunnier. No trails or sidewalks are to be included in the project. MU/ Track Line Staff Report 3 March 25, 1983 RLCOMMENDATIONS Staff recommends approval of the proposed site plan, subject to the following reconnendations: 1. A landscape/screening plan shall be submitted to the City for review and approval prior to building permit issuance. 2. Plans shall be submitted to the Metro Waste Control Commission for review and approval prior to building permit issuance. 3. Plans shall be submitted to the Watershed District for review and approval prior to building permit issuance. 4. Information regarding sewer, water, and drainage, shall be submitted to the Engineering Department prior to building permit issuance. 5. All signage shall conform to City Code. 6. Cash Park Fee obligation shall be paid by the proponent prior to building permit issuance. TO: Mayor and City Council THROUGH: Carl Jullie, City' Manager FROM: Eugene A. Dietz, Director of Public Works DATE: April 13, 1983 RE: Washington Avenue Street Maintenance & Utility Agreement with Edina For the past 10-15 years, there has been various attempts at trying to resolve the maintenance of the street and utilities in Washington Avenue with our neighbors to the East - - Edina. Various interim agreements have been developed which allowed for watermain construction so that proper lobos in the Edina. system could be made. At this time, Edina staff and Eden Prairie staff have agreed to the final terms for resolving the issue. The Edina City Council will review the criteria for that resolution at its next meeting. The purpose of this memorandum is to relay that same information to Eden Prairie City Council and ask for conceptual approval of the forthcoming agreement. First of all, for the past eight years, the City of Eden Prairie has been reading meters of Edina's water customers on the west side of Washington Avenue and providin9 the billing services. During the eight year period ending on January 1, 1982, Mr. Franc has calculated that we have received $96,771. in water revenues that rightfully should have been sent to the City of Edina. During that same time period, the City of Eden Prairie has been doing the routine maintenance on Was Avenue at no cost to the City of Edina. ' We would estimate (using the State maintenance figure of $1500. per mile) that Edina would owe us $7,425. through April 1, 1983. In 1980, Edina constructed a watermain loop which the City had previously agreed to a cost sharing arrangement. For that construction, Eden Prairie owes the City of Edina $19,827.14. Finally, in conjunction with the Valley View Road improvement project, the City of Edina would normally pay 50 of the signal installation cost for the project. That amount would be $31,910. Based on the above figures, the City of Eden Prairie owes a net amount to Edina of $77,263.66 plus an additional one year and three months of water meter billing. Edina has requested that we submit a check in the amount of $77,263.66 at this time and that the balance would be due upon execution of the final document. The only apparent remaining issues to be resolved in the document will be: , 1. Attempting to phase the Edina customers into our water rate (our water costs approxiumtely twice the amount of Edina water); 2. Providing an equitablomainfenanconaynt from Edina to the City of Eden Prairie for routine maintenance and repairs; and 3. Working on an arrangement fornminLonanceand electrical costs for the pronned traffic signal at the intersection of Valley View Road and Washington Avenue. 69t, EAD:sg Pg. 2, Washington Ave. Street Maintenance & Utility Agreement with Edina This memorandum requests that City Council authorizes the payment to Edina in the amount of $77,263.66. I will be available at the Council meeting to discuss the elements of thit agreement in more detail.