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HomeMy WebLinkAboutCity Council - 09/06/1983EDEN PRAIRIE CITY COUNCIL AGENDA T( )AY, SEPTEMBER 6, 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 Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of the City Council Meeting held Tuesday, August 2, 1983 B. Minutes of the City Council Meeting held Tuesday, August 16, 1983 C. CONSENT CALENDAR Al 0, 5 7- A. Change Order Number 1, Lavonne Industrial Park, I.C. 52-048 Page 1869 Page 1880 Page 1895 g. 2nd Reading ofi 1 . nance No. 35-83 ,zonino fr. to R1- 3.5 for High, Page 1897 .1 '.7 WiTT EstateS 2nd dditlon for $ nt n ments, In , a royal / of Deyeloper's A eement for.'122 - ails s ates 2nd Addi ion, and adoption of Res, ution N''83-207, a•qa,i,a_summar or Srdinance No. 151.83, and ord , in. tIAMMEdalfrin if said su , ....! Hid .' Trairi --- Estates 2nd A ,ditton. 21 ots 0'6451 Duck Lake Road. ' ,/' : . C. 1nal Plat:approval for High —Trails /Estates 2nd Addition:IRetOlupion Ne. 83-212)' -- L.------ D. Final Plat approval for Hidden Glen (Resolution No. 83-213) E. 2nd Reading of Ordinance No. 39-83, zoning from Rural to Office for CRC by Ryan Construction Company, and approval of Resolution No. 83-206, approving development. 21,000 Square feet of office on 1.5 acres at City West Parkway in City West Planned Unit Development. F. Approval of Amendment to Developer's Agreement for Shady Oak 5th Addition by MN-TX G. Clerk's License List H. Final approval for Municipal Industrial Development Bonds in the amount of $3,950,000.00 for Shady View Business Center (Resolution No. 83g) Page 1906 Page 1909 Page 1912 Page 1915 Page 1917 Page 1918 City Council Agenda - 2 - Tues.,September 6, 1983 IV. PUBLIC HEARINGS A. REQUEST FROM SCOTT AND STEPHANIE FELDMANN for Council review of Board of Page 1919 ' Appeals & Adjustments decision on Variance No. 83-23 B. BURGER KING RESTAURANT. Request for zoning district change from Community Page 1945 Commercial to Highway Commercial for a restaurant. Location: Southeast quadrant of State Highway #5 and County Road #4. (Ordinance 43-83 - Zoning District Change) C. VACATION OF UTILITY EASEMENT: Lot 4, Block 1, Prairie East 4th Addition Page 1958 (Resolution No. 83-209) D. VACATION OF UTILITY EASEMENT: Lot 8, Block 1, Edenvale 14th Addition Page 1959 (Resolution No. 83-210) E. VACATION OF UTILITY EASEMENT: Lot 2, Block 3, Creekview Estates (Resolution Page 1960 No. 83-211) F. REQUEST FOR LIQUOR LICENSE FOR FIDDLER'S DELI. Page 1961 V. PAYMENT OF CLAIMS NOS. 9310 - 9649 Page 1962 VI. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS ( A. TIMBER BAY MANOR HOMES by Richard Miller Homes, Inc. Request for preliminaryPage 1970 plat of 14.8 acres into eight (8) lots. Location: Timber Lakes Drive and County Road 4 (Resolution No. 83-215 - Preliminary Plat) VIII. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 40-83 Zoning from Rural to Commercial Regional Service and adoption of Resolution No. 83-202 approving the Preliminary Plat for Menard's. Located east of existing Menard's building; adjacent to Plaza Drive. IX. REPORTS OF OFFICERS, BOARDS &,COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Receipt of Draft 1984 City Budget C. Report of City Attorney D. Report of Director of Public Works I. Award 1983 Seal Coat Project (Resolution No. 83-216) X. NEW BUSINESS XI. ADJOURNMENT. Pages 1702 & 1986 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 2, 1983 COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, Georpc Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Director of Public Safety Jack Hacking, and Recording Secretary Karer Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III. L. Resolution No. 83-189, establishing just compensation and authorizing offer to acquire acquisition parcel number 28, Edendale site, property identification number 08-116-22-43-0028 and Resolution No. 83-190, authorizing sale of 2.95 acres of land to Edendale Residence, Inc. and IX. A. 1. Bentley. MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and other items of business as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 5, 1983 Page 5, last para., line 3: change "Cabriolle" to "Cabriole", MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the City Council meeting of July 5, 1983, as amended and published. Motion carried with Bentley abstaining. III. CONSENT CALENDAR A. Clerk's License List B. MWCC Permit Application - Edendale Elderly Housing Project (Resolution No. 83-185) C. Contract Amendment Number 2, Mitchell Road/Technology Drive, I.C. 52-010 D. Change Order Number 2, Southwest Leg Prairie Center Drive ) I.C. 51-398 City Council Minutes -2- August 2, 1983 E. Set Public Hearing for sanitary sewer easement vacation, Lot 4 Block 1, Prairie East Fourth Addition for September 6, 1983 F. Set Public Hearing for easement vacation, Lot 8, Block 1, Edenvale 14th Addition for September 6, 1983 G. Set Public Hearing for easement vacation, Lot 2, Block 3, Creekview Estates for September 6, 1983 H. Special assessment agreement between City of Eden Prairie, Mr. & Mrs. Uherka and Amoco Oil Company regarding utility improvements for Shady Oak Road, I.C. 52-049 (Resolution No. 83-186) I, Approve plans and specifications for Shady Oak Road Utilities, I.C. 52-049 and authorize bids to be received on August 16, 1983, at 10:00 a.m. (Reso- lution No. 83-187) J. Award Contract for County Road 67 Watermain, I,C, 52-052 (Resolution No. 83-188) K. 2nd Reading_of Ordinance No. 34-83, Commercial Stables Ordinance, (Commercial Stable Code), amending City Code Chapter 11. Section 11.10, Subdivision 2 by adding thereto Subparagraph E which adds Commercial Stables as permitted uses in certain portions of the Rural District and Section 11.02, 43, defining ' Commercial Stables, redefining 11.02, Item 3, "Agriculture", to permit 'Commercial Stables, and redefining Item 43. "Stable-Public" to "Stable- Commercial", and amending City Code Chapter 5 by adding thereto Section 5.70 relating to the licensing and regulation of Commercial Stables, and adopting by reference City Code Chapter 1, Section 5,01 through 5,11 and Section 5.99 and 11.99 which, among other things, contain penalty provisions. L, Resolution No. 83-189, establishing just compensation and authorizing offer to acquire acquisition parcel number 28, tdendale site, property identifica- tion number 08-116-22-43-0028 and Resolution No, 83-190, authorizing sale of 2.95 acres of land to Edendale Residence, Inc, MOTION: Bentley moved, seconded by Tangen, to approve items A . L on the Consent Calendar, Motion carried unanimously, IV. PUBLIC HEARINGS A. LEN SWEDLUND & REPUBLIC SUPPLY COMPANY, Request for Preliminary Plat of 14 acres into three (3) lots of approximately 4,6 acres for single family detached homes. Location: south of Riley Lake Road and east of Carver/ Hennepin County boundary, (Resolution No, 83-158 - preliminary plat) - continued from July 5, 1983, City Manager Jullie noted the Board of Appeals and Adjustments had met on July 14, 1983, at which time it voted to approve the variances needed to accommodate the proposed subdivision, The variances would allow three lots under 10 acres in size (approximately 4,6 acres each) and would also allow a 30 foot yard setback instead of the required 50 feet for the exist- ing building. City Council Minutes -3- August 2, 1983 Greg Frank, McCombs-Knutson Associates, Inc., spoke to the request. Also present were Len Swedlund and Rita Lukes representing Republic Supply. Director of Planning Enger reviewed the action taken by the Board of Appeals and Adjustment. Bentley asked if the recommendation was changing that which was included in the Staff Report. Enger said he did not think so because there are no other parcels which would fall into this same category. Penzel said he did not feel this would be precedent setting. Bentley said he was concerned because this would not meet the 5 acres minimum lot size. Anderson stated his concern about this property goes back a number of years to the time when the City was considering purchase of it for park purposes. There were no comments from the audience. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-158, approving the preliminary plat of Lake Riley Estates for Len Swedlund & Republic Supply Company, Motion carried unanimously. B. JAMES REFRIGERATION. Request for zoning from Rural to Office fo 2.16 acres for an office building. Location: southwest corner of Shady Oak Road and Highway 169. (Ordinance No. 31-83 - zoning) - continued from July 5, 1983, City Manager Jullie noted this item had been continued from the July 5, 1983, meeting at which time the Council had directed the proponent to show a 4-story building with rooftop mechanical equipment vs. the proposed 5-story building without rooftop mechanical equipment. Tim McCoy, architect, spoke to the proposal. Also present was Charles James, proponent. Director of Planning Enger said Staff had reviewed the sight lines with James; it would be very difficult to tell a four-story building from a five-story building. He said Staff would recommend approval subject to the recommendations included in the Staff Report which was presented at the July 5, 1983, meeting. Redpath said the reason he had requested seeing a 4-story building with the mechanical equipment on the top was to show that there is virtually no difference in the height of the two; aesthetically speaking, the four- story with the mechanical equipment showing is less desirable than the five-story building. Tangen said he felt the visual impact would be a negative one on the entire City and not just the residents of Golden Ridge, Bentley asked about the drainage. Director of Public Works Dietz said there is an adequate amount of drainage capacity available. City Council Minutes -4- August 2, 1983 Bentley asked about the number of parking spaces and how that was determined. Enger said 15 additional spaces were required because this will house a banking facility; banking is figured at 8 spaces (vs. 5/office) per 1,000 squar. feet. Bentley wondered if there was space on the site to expand parking. Enger said the parking structure could provide "in-fill" to accommodate additional spaces. James noted a letter from Wooddale Baptist Church in which sharing of parking is discussed. Enger said there is no provision so far for a pedestrian link between the two parking areas/buildings. Bentley said he felt this was a very attractive building and would have a positive effect on this part of the City. Penzel said shared parking was a nice thought but one which does not seem to work in most instances. Tangen said he was opposed to a building of this height in the City, particularly in this location. He said the buildings of similar height which have been built in other locations within Eden Prairie were built because of unusual circumstances. He said this is the wrong site for this building. He asked what the City was going to get in return for the vari- ances which would be necessary. Enger said the variances are necessary because this is an atypical site; the variances are the result of a hard- ship and not a trade•off. Redpath said he felt this is a good project. The only other thing he felt this site might be used for is a fast food restaurant or a gas station. Tangen recalled that the Welsh project was similar to this and very few, if any, variances were necessary. Redpath asked if it was necessary for a bank to have 8 parking spaces per thousand square feet of space. Enger said Suburban National Bank was given a variance from the 8 spaces per thousand square feet because it is able to use space at the Eden Prairie Shopping Center, if necessary. Anderson said he would rate this building very highly; it meets the type of development which has occurred in the City. He said he is concerned about the parking but likes the idea that the church parking lot can be used. He felt it would be the responsibility of James Refrigeration to provide access to the church parking lot. There were no comments from the audience. Tangen said he would vote "no" because of the number of variances. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No, 31-83. Motion carried with Tangen voting "no." City Council Minutes -5- August 2, 1983 MOTION: Bentley moved, seconded by Anderson, to direct Staff to summarize the specific conditions of approval in a Resolution to be approved at time of 2nd Reading of the Zoning Ordinance. These shall be included: no mechanical equipment shall be above the parapet, the building materials will be of natural stone or brick which will be approved by Staff prior to issuance of the building permit, parking requirements must be met on site or proof of additional parking shown prior to 2nd Reading of the Ordinance, and Staff and proponent will discuss provisions for a sidewalk on the south side of Shady Oak Road prior to 2nd Reading, Motion carried with Tangen voting "no." City Attorney Pauly noted the Staff Report had indicated the variances which will be requested will go before the Board of Appeals for its review. C. PUBLIC DISTRICT SIGN CODE. (Ordinance No. 37-83, amending City Code Section 11,70, Subd. 1., 6., to redefine directional signs for churches and to adopt a definition for directional signs for schools and publicly owned land or buildings; amending City Code Section 11.70, Subd. 3., T., to include direc- tional signs for schools and publicly owned land and buildings; adopting City Code Section 11.70, Subd. 4., I., relating to Public District signs; and adopting by reference City Code Chapters 1 and Sections 11.99 which, among other things, contain penalty provisions) City Manager Jullie stated notice for this Public Hearing was published and mailed to all churches in the City and schools in the Eden Prairie School District. He reviewed what would be allowed under the new provisions of the Ordinance. Redpath asked if daily vacation Bible schools could be advertised. Enger said they could not. Redpath asked if St. Andrews' message board would preclude a directional sign. Enger said the provisions of the Ordinance would only pertain to new churches and/or new signs. Redpath said he had heard the pastors are concerned about what they will have to take down. Redpath suggested someone from the City Staff appear at a Ministerial Association Meeting to allay their fears and to further explain just what is included in the Ordinance. Enger noted this was to have been a permissive Ordinance; it will allow things which are not presently included in the City Code. Penzel asked at which point does a religious symbol stop and a sign begin. Enger said each sign would have to be looked at independently; it is a matter of interpretation. Anderson concurred with Redpath that these matters should be discussed with the Ministerial Association. Bentley said he thought the Council had two options: to approve the Ordinance as it is, or to continue consideration pending further discussion with members of the Ministerial Association. He felt the latter would provide the necessary input which might lessen the possibility for amend- ments later on. I t'1 3 City Council Minutes -6- August 2, 1983 A representative of Wooddale Baptist Church, which had its ground breaking on Sunday, said he was present to seek clarification regarding a cross as a part of a sign. He said he was pleased that issue had been raised earlier in the evening and would be addressed in the Ordinance. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 37-83 and to direct Staff to meet with the Ministerial Association prior to 2nd Reading and to indicate any significant changes. Motion carried unanimously. D. RIDGEWOOD WEST 2ND/WESTOVER by Centex Corporation. Request for Planned Wit Development District Review for medium density clustered single family residential development, zoning district change from R1-13.5 to R1-9.5 for a medium density land use, and preliminary plat of 18.39 acres for 83 lots. Location: Knollwood Drive, south of Cumberland Road. (Ordinance No. 38-83 zoning/PUD and Resolution No. 83-182 - preliminary plat) City Manager Jullie stated notice of this Public Hearing was published and notices had been mailed to property owners within the project vicinity. Tim Eller, President, Minnesota Division of Centex Homes, addressed the request. Director of Planning Enger stated the Planning Commission had reviewed this proposal at its July 11, 1983, meeting at which time it voted (5-0-1) to recommend approval subject to the recommendations included in the July 8, 1983, Staff Report. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this at its July 18, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report and those in the Supplementary Report dated July 14, 1983. Anderson asked who would have control over the scenic easement and who would be responsible for enforcing it. City Attorney Pauly said the responsibility or rights run to the City. Any enforcement would have to be done by the City. Penzel asked Eller what would be done to notify residents of the scenic easement. Eller said after this evening, he would make certain that those buying homes in that area would be notified of the scenic easement. City Attorney Pauly said the scenic easement is a formal document that runs from the owner to the City and is recorded. It is recorded with the parcel of land that it covers but not necessarily with adjacent lots. Redpath commended Eller for a fine job. Bentley concurred but expressed concern about the number of houses in a row rather than the cluster effect which is demonstrated by the model homes. Penzel asked if perhaps there could be a revision showing more clustering. Eller explained why clustering had not been done: people were expressing a desire to have a home as shown but were reluctant to live in a cluster and wished to have street frontage. City Council Minutes -7- August 2, 1983 Redpath asked how many units there would be and how many acres were involved. Eller said there would be 336 units on 64 acres. There was discussion as to how more clustering might occur as well as the reasons for and against more clustering vs. houses in a row on the street. Anderson asked if this proposal was in conformance with the Purgatory Creek Study. Lambert said it was. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 38-83. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-182, approving the preliminary plat of Ridgewood West 2nd Addition for Centex Corporation and to examine redesigning the plat prior to final plat approval. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement subject to the recommendations included in the Staff Report and noting both written and oral restrictions be placed on the scenic easement. Redpath said he is concerned the Council is not allowing the opportunity for a developer to come into the City with an innovative plan. He does not feel it is proper for the Council to redesign a plan after it has been before the Staff and Commissions. Bentley disagreed. VOTE ON THE MOTION: Motion carried unanimously. E. CRC by Ryan Construction. Request for zoning district change from Rural to Office for a 21,000 square foot building and preliminary plat of 1.5 acres for one lot for an office land use, Location: City West Parkway. (Ordinance No. 39-83 - zoning and Resolution No. 83-183 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified, Jerry Junkman, Ryan Construction, presented and reviewed the request, Planning Director Enger noted this item had been reviewed at the July 11, 1983, meeting of the Planning Commission at which time it voted (5-1) to recommend approval subject to the recommendations included in the Staff Report dated July 8, 1983. This request was not reviewed by the Parks, Recreation & Natural Resources Commission. City Council Minutes -8- August 2, 1983 Penzel asked what types of materials were to be used on the other buildings in City West. Enger said the high tech office buildings were to be built of burnished block with bronzed glass and bronzed metal appointments around the windows and cedar siding into the court- yard recessess of the building. Penzel asked if there was an agreement with the property owners regarding the assessments for Shady Oak Road. Enger said they are aware as to what the range of assessments might be; there is no written agreement at this time. Penzel asked Scott Anderson, representing AD!, what the status is of the three office buildings which had been proposed for the interior of City West. Anderson indicated they are still in negotiation with a developer of that property. Bentley asked what use might the CRC building have if it were not a studio. Enger said this had been reviewed with the proponent and it could be used for office space. There was discussion as to the types of materials which might be found on the premises. There were no comments from the audience, MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 39-83. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-138, approving the preliminary plat of Creative Resource Center (CRC) for Ryan Construction. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a draft summary Resolution of approval per Commission and Staff recommendations. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 8754 - 9018 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 8754 - 9018. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. /Mt, City Council Minutes -9- August 2, 1983 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. PERMIT REQUEST from Bill and Claudia Beaman to develop a driveway "steep slope ground." Bill Beaman, proponent, addressed the proposal. Planning Director Enger noted this item had been reviewed by the Planning Commission at its meeting on July 21, 1983, at which time it had voted to recommend approval subject to the recommendations included in the Staff Report of July 21, 1983. MOTION: Anderson moved, seconded by Tangen, to approve the request of Bill and Claudia Bearman as per the recommendations included in the Planning Staff Report dated July 21, 1983. Motion carried unanimously. B. MN-TX. Request for Site plan Review and Developer's Agreement amendment 7.8778.9 acres for office/warehouse use. Location: 10301-10379 West 70th Street. Bill Sikora, architect representing MN-TX, addressed the proposal. Director of Planning Enger noted this request had been reviewed by the Planning Commission at its July 18, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the Staff Report of July 18, 1983. This request was not reviewed by the Parks, Recreation & Natural Resources Commission. Bentley inquired as to the status of West 70th Street extending to the west from Flying Cloud Drive. Enger noted the extension of West 70th Street is covered in the Lee Data Developer's Agreement. Tangen asked if there were any controls regarding the lighting in the parking areas. Enger said the City Code prohibits lights which cast glare off the site; Staff will attempt to see proper measures are taken. Tangen said he would like to see cut-off luminars and down lighting in- cluded in the Developer's Agreement. MOTION: Bentley moved, seconded by Tangen, to approve the revised site plan and Developer's Agreement amendment as per the July 18, 1983, Staff Report and the recommendations made by the City Council. Motion carried unanimously. City Council Minutes -10- August 2, 1983 VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 22-83, zoning from Rural to R1-9.5, R1-13.5 and R1-22, approval of Developer's Agreement for Hidden Glen, and adoption of Resolution No. 83-167, approving Summary of Ordinance No. 22-83 and ordering the publication of said Summary for Hidden Glen. 22.8 acres for 59 single family lots south of Townline Road, east of Highway 101. (Continued from July 19, 1983) City Manager Jullie reviewed the issues which are yet to be resolved regarding this request. MOTION: Redpath moved, seconded by Anderson, to continue action on this item to August 16, 1983. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Bentley - noted that improvements have been made on the Hartford site with the berm now being built; asked that the City Weed In- spector visit the Northmark II neighborhood because the yards are full of thistle seeds from the berms; thanked the Community Services Department for the signs regarding "picking up after your dog" which have been put up in various parks; and expressed concern about the Eden Road intersection and recommended perhaps it be closed off during the duration of the road construction in that vicinity. (Staff was directed to look into this matter and to talk to the management of Hardee's and Kentucky Fried Chicken as to their feelings on the situation. In the meantime, it was determined that good temporary signage should be provided.) Anderson - commented and expressed concern about the highway pro- gii-ii—Valley View Road and West 78th Street. He noted that people should be made aware as to how long construction projects will take. Penzel - reminded Council members of the 7:30 a.m. meeting on Thursday, August 4th, with Highway Commissioner Braun regarding Highway 212. Stated Fritz Rahr had contacted him urging the City Council to participate in further action regarding the County Road 18/river crossing issue; particularly requesting financial assis- tance towards legal costs. This matter was deferred to Staff and the City Attorney for review and recommendations. Penzel noted he had received requests from the Eden View residents for additional trails along County Road 4. He asked what the ordinance(s) are regarding bikes on roadways when there are adjacent trails. City Attorney Pauly said he would look into this matter. City Council Minutes -11- August 2, 1983 B. Report of City Manager City Manager Jullie said he would be on vacation from August 4th until August 16th. C. Report of City Attorney City Attorney Pauly stated the Court did not entertain Terry Douglas's motion as no action had been taken. The City then asked for a temporary injunction. Pauly said it appeared that Douglas will secure a permit from the City subject to the City's requests. Pauly reviewed the City's position relative to the Viking Press strike. He said some concern had been expressed by the Company regarding the arrests which had been made. D. Report of Director of Community Services 1. Staring Lake Trail Easement Director of Community Services Lambert addressed his memorandum of July 27, 1983, regarding the Staring Lake Park Trail Easement in which terms of the lease were discussed. MOTION: Bentley moved, seconded by Anderson, to approve the terms of the lease between Joint Independent School District No. 287 and the City of Eden Prairie as outlined in Lambert's memorandum of July 27, 1983. Motion carried unanimously. 2. Round Lake Parking Expansion Director of Community Services Lambert spoke to his memorandum of July 27, 1983, in which the needs for expanding the parking lot at Round Lake Park were addressed. MOTION: Bentley moved, seconded by Anderson, to approve the Staff recommendations to expand the parking at Round Lake Park utilizing cash park fees and city maintenance crews. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unan- imously. E. Report of Planning Director There was no report. F. Report of Director of Public Works There was no report. X. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 11:06 p.m. Motion carried unanimously. zo VNAPPORVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 16, 1983 COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all members were present 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Dicier, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS •The following items were added to the Agenda: IV. I. Request for Municipal Industrial Development Bonds in the Amount of $8,844,000.00 for City West Business Center and IX. B. I. Authorize Staff to Negotiate a New Lease for for the Prairie Village Mall Liquor Store. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 19, 1983 Page 2, Motion: change the parenthetical statement to read as follows "(Bentley stated he would have abstained from voting; but because this issue would receive four "yes" votes if continued, he voted so the proponent would not be further delayed.)" Page 10, para. 5, last sentence: change to read: "Brooks said Target would extend the retaining wall to provide adequate screening as determined by the City." MOTION: Tangen moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, July 19, 1983, as amended and published. Motion carried with Redpath abstaining. City Council Minutes -2- August 16, 1983 III. CONSENT CALENDAR A. Resolution declaring costs to be assessed and ordering publication of proposed 1983 Special Assessment Rolls and setting a Public Hearing for September 20, 1983, at 7:30 p.m. (Resolution No. 83-194) B. Receive feasibility report for Shady Oak Road improvements and set Public Nearing for October 4, 1983, at 7:30 p.m„ I.C. 52-026 (Resolution No. 83-195) C. Dellwood special assessment agreement D. Change Order No. 1, N.E. Quadrant of the MCA road improvments, I.C. 51-308A-2 E. Clerk's License List F. Award bids for Staring Lake Bike/Hike Trail Phase I MOTION: Bentley moved, seconded by Anderson, to approve items A - F on the Consent Calendar. Motion carried unanimously, IV. PUBLIC HEARINGS A. TIMBER CREEK by B-T Land Company. Request for Planned Unit Development Concept Amendment, Planned Unit Development District Review, Zoning Dis- trict Change from Rural to R1-13.5 and R1-9.5 for 63 acres, and Preliminary Plat of 158 single family detached lots. Location: County Road 4 and Duck Lake Trail. (Resolution No. 83-203 - PUD Concept, Ordinance No. 41-83 - Zoning, and Resolution No. 83-204 - Preliminary Plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Rick Murray, proponent, spoke to the request. Jack Lynch, planner for the project, was available to answer questions, Director of Planning Enger noted this item had been considered by the Planning Commission at its July 25, 1983, meeting at which time it voted to recommend approval subject to the Staff Report dated July 22, 1983. (revised to indicate action taken by the Planning Commission at its meeting.) Enger stated the preliminary plat before the City Council reflected the alterations and revisions proposed by the Planning Commission. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its August 1, 1983, meeting at which time it voted to recommend approval subject to the recom- mendations included in the Staff Reports (Planning Staff Report of July 22, 1983, as well as the Supplemental Staff Report dated July 29, 1983, by the Community Services Department Staff.) He noted the Parks, Recreation & Natural Resources Commission recommended accepting the park in the south- western portion of the proposed development in lieu of cash park fees. City Council Minutes -3- August 16, 1983 Penzel recalled that in former proposals for this area - Eden Farms and the former Timber Creek proposals - the flood plain was to have been dedicated to the City. He inquired as to what had happened to that provi- sion. Lambert explained that the type of housing proposed has changed -- there would have been more units per acre in the former proposals. Under the present proposal there would be no density transfer. There may be some density transfer at a later time, during a later phase, relating to the flood plain. Penzel said he felt it would be reasonable to assure the conveyance of flood plain at this time. Lambert said it may not be possible at this time because the issues have changes. He also noted that only a little over 6 acres would have to be transferred to the City for the park, but the developer is willing to transfer 8.4 acres. Penzel expressed concern that the City would lose a "critical amenity" if the flood plain area were not transferred at this time. Murray indicated that the flood plain area may be necessary as a density transfer when zoning is requested for the northern portion of this development. Bentley asked the reason for the change - moving a cul-de-sac onto the creek side of the development. Enger said this works better with the topography and does not encroach on the flood plain. Anderson inquired as to where the pedestrian creek crossings would be. Lambert said none is shown with this proposal but showed where the potential creek crossing would be. Anderson said he would like to see provisions made for the crossing so nothing is missed. Murray said there is a 10' trailway indicated on the plat. Bentley asked what the possibility would be of transferring the flood plain area to the City with the City then being responsible for seeing to it that this could be used in a density transfer regarding the northern area. Murray said this had been discussed with City Attorney Pauly about a year ago; at that time they were not able to come up with a solution which was acceptable to both parties. Bentley asked what, from the City's per- spective, seemed to be the problem. Pauly said the proponent did not feel assured that the zoning would be available as contemplated. The proponent did not wish to go through with rezoning for the entire parcel nor with platting the entire parcel, Murray explained the problems from his per- spective, gaining release of properties prematurely from his mortgagor. Enger noted, in addition, that the proponent had said that he was reluc- tant to convey land prior to development even with rezoning because he felt a future Council could revoke the zoning. Enger said the Council might consider a scenic easement in this instance to preserve the areas under discussion. He added this would be a way in which to stay within the original PUD. Pauly said that would be all right if the lender would join in the scenic easement. Penzel asked about actions of future City Councils in regard to commitments made by previous Councils. Pauly said he felt future Councils would be in a very tenuous situation if they were to back out of commitments made by predecessors. M2 City Council MinLtes -4- August 16, 1983 Lambert indicated he was not concerned about getting the flood plain at this time because it will eventually come to the City one way or another. He said when the north portion is developed the City should consider taking the wooded hill in lieu of cash rather than the flood plain -- the flood plain can come via density transfer, gift or as tax forfeited land. Director of Public Works Dietz said he would like to have paragraph n. from the Planning Staff Report dated July 22, 1983, included in the Council recommendations. That paragraph read: "Revise plans to show instal- lation of a section of road within the Chatham Woods development linking the adjacent road systems to the proposed north access." and had been deleated by the Planning Commission. Enger explained the Planning Commis- sion had been persuaded that it might be an unfair requirement to ask the developer to make an off-site improvement. John Price, 16680 Honeysuckle Lane, asked where the park access to the park would be. Lambert explained there would be an 8' asphalt bikeway along Duck Lake Trail which would lead to the park. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-203, approving the Timber Creek by B-T Land Company Planned Unit Development Concept. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to give 1st Reading to Or- dinance No. 41-83, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-204, approving the preliminary plat of Timber Creek for 8-7 Land. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations and those of the City Council including: the recommendation to make the street connec- tion to the west at the expense of the developer to be reviewed further by the proponent and Staff -- such improvements to be made at the time other streets are done; the commitment of the developer towards the flood plain and his intent as to how to transfer this to the City (Pull concept approval would accomplish this according to Pauly); and the recommendations included in the Staff Report dated July 22, 1983. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to add to the PUD concept approval the intent of the developer towards the transfer of the flood plain to the City. Motion carried unanimously. City Council Minutes -5- August 16, 1983 B. MENARD'S. Request for Zoning from Rural to Commercial Regional Service and Preliminary Plat of 1.6 acres for retail shopping center. Location: east of existing Menard's building, adjacent to Plaza Drive. (Ordinance No. 40-83 - zoning and Resolution No. 83-202 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Mary Prochaska, proponent, addressed the proposal. Planning Director Enger said the Planning Commission had reviewed this request at its meeting on July 11, 1983, and again on July 25, 1983. The Minutes of the latter meeting reflect the recommendations of the modified plan which was present at that meeting based on discussion at the former meeting. Menard's, Enger noted, has since made additional changes in these plans. There was no report from the Parks, Recreation & Natural Resources Commission. Cash park fees would be applicable to this proposal. Penzel said he did not think the proposal to be an attractive layout and wondered if a court type setting had been considered or an "L" shaped building. Prochaska said and "L" had been considered but did not work out due to the grade separation. Penzel said perhaps the center units could be set back to provide courtyard space. Prochaska said cross-shopping traffic would get lost in that type of configuration. Penzel said he felt that would soften the impact of the monolithic front. Prochaska said that was not in his plans, Penzel said signage which would unify the center should be considered. Prochaska said this would not allow for the individuality of each tenant. Enger stated the idea of breaking the lineal facade has merit; Prochaska had said this would not be economically feasible. He noted the type of tenants expected here might not be expected to be shoppers who would "cross-shop." He said the signage is a difficult issue; a similar letter style or similar height to afford some consistency might be considered. Bentley asked if the facades of the different stores could be moved 10'. Prochaska said the sight lines are then lost. Penzel said he believed the proposed to be something like what had been proposed in 1955. Anderson said the Major Center Area is attractive and has maintained a high degree of quality; this does not maintain that. He noted there are no trees in front of the buildings or on the sidewalks in front of the build- ings. He said he felt the Council has the option to make the buildings in the shopping areas in the City attractive; the Council should assume the responsibility to do so. Prochaska said there is landscaping between the parking aisles at the Menard's store and that has set the theme for the style which would be continued; to change would look ridiculous. Penzel said he felt more could be done to make this more desirable. Ing City Council Mirkutes -6- August 16, 1983 Prochaska said he did not understand why the Council wished to create a park in the middle of a shopping center. Penzel said the Council has taken this stance with other developers and was only being consistent in requiring a certain level of development. Bentley said he would like to see a specific signage plan. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to continue action on this matter to the September 6, 1983, Meeting of the City Council or to a time to be specified by the Mayor if Staff and the proponent are able to work out the necessary problems before time. Motion carried unanimously. C. E. A. SWEEN. Request for Zoning District Amendment of 9.1 acres for a corporate office building. Location: south of State Highway 5 at Fuller Road. (Ordinance No. 43-83 - Zoning district Amendment) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tom Sween, President of E.A. Sween, Co., introduced Bill Anderson, architect with Design Partnership and Mark Labree, landscape architect with Landicon, who spoke to the request. Craig Halvorson addressed the Highway 4 access Issue which had been resolved earlier today with the adjacent property owners. Planning Director Enger stated this item had been reviewed by the Planning Commission at its meeting on July 25, 1983, at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated July 22, 1983. He noted that there is a question regarding whether or not Burger King has adequate access; it is felt this issue can be resolved and will not adversely affect the Sween request, Halvorson stated the road as shown this evening is as proposed by Burger King and resolves the problems which it had. Bentley asked about the outdoor storage of truck trailers, Sween showed sight line drawings which indicated most of the present area will be hidden by plantings. City Attorney Pauly said indoor storage could be required or a variance could be requested. Redpath asked where the message board would be. Sween said at this time there are no plans to put it back up when the building is expanded, Penzel asked Pauly about the trucks which are parked while they are being loaded. City Attorney Pauly noted this is a permissable non-conforming use as indicated in the 1979 Developer's Agreement. There were no comments from the audience. City Council Minutes -7- August 16, 1983 MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 43-83, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to amend the Developer's Agreement to include the agreement on the access road to the west as well as the recommendations included in the Staff Report dated July 22, 1983, and including a timing plan for the construction of a berm along Highway 5. Motion carried unanimously. D. McKINLEY LANE VACATION. (Resolution No. 83-198) City Manager Jullie said notice of this Public Hearing had been published. Director of Public Works Dietz addressed the vacation. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 83-198, vacating McKinley Lane, Motion carried unanimously. E. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $9,170,000.00 FOR THOMAS HOTEL COMPANY (Resolution No. 83-200) City Manager Jullie stated official notice of this Public Hearing had been published. Herb Margolis, construction consultant, addressed the request, noting that permanent financing has been obtained and it is hoped that ground will be broken in October for the hotel. There were no comments from the audience. MOTION: Benitley moved, seconded by Anderson, to close the Public Hearing, and to adopt Resolution No. 83-200, giving preliminary approval to a project under the Municipal Industrial Development Act, referring the proposal to the Minnesota Energy and Economic Development Authority for approval and authorizing preparation of necessary documents. Motion carried unanimously. F. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $1,000,000.00 for E. A. SWEEN (Resolution No. 83-201) City Manager Jullie said official notice of this Public Hearing had been published. Dick Riley, Dougherty, Dawkins, Strand & Yost, Inc., addressed the request, noting the building will be personally owned by Tom Sween whose major equity will be in the land. There were no comments from the audience. /XX6, City Council Minutes -8- August 16, 1983 MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 83-201, giving preliminary approval to a project and its financing under the Municipal Industrial Development Act; referring the proposal to the Minnesota Energy and Economic Devel- opment Authority for approval; and authorizing the preparation of necessary documents. Motion carried unanimously. G. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $1,050,000.00 for CRC ASSOCIATES (Resolution No. 83-199) City Manager Jullie said notice of this Public Hearing had been published. Michael Lundeby, a partner in CRC, addressed the proposal stating the three partners had approximately $150,000 - $200,000 in equity in the project. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 83-199, giving preliminary approval to a proposed Industrial Development Project by CRC Associates under the Muni- cipal Industrial Development Act and authorizing submission of an application to the Minnesota Energy and Economic Development Authority for approval thereof. Motion carried unanimously. H. TAX INCREMENT FINANCING DISTRICT NO. 6 (Resolution No. 83-176) City Manager Jullie stated notice of this Public Hearing was published. He noted Tax Increment Finance District No. 6 consists of the Factory Outlet Centre. City Attorney Pauly noted: The evidence introduced and as described in the minutes of September 15, 1981, is made a part of the record in these proceedings. Also made a part of the record in these proceedings are: a) the notice of the August 16, 1983 public hearing; b) minutes of meetings of the City Council held on September 22, 1981, March 30, 1982, November 16, 1982, March 15, 1983 and May 17, 1983; c) letter from Eden Prairie Chamber of Commerce dated September 18, 1981; d) minutes of meetings of the City's Planning Commission on March 29, 1982 and May 9, 1983; e) memo- randum dated August 15, 1983 by Eugene A. Dietz, Director of Public Works, addressed to the Mayor and City Council; f) a letter dated July 14, 1983, addressed to Mr. John Lobben, Chairman of the Board, Eden Prairie School District No. 272; g) a letter dated July 14, 1983 addressed to Mr. Norm Friederichs, Chairman of the Board, Joint Independent School District No. 287; h) a letter dated July 14, 1983 addressed to Mr. John Derus, Chairman of the Hennepin County Board of Commissioners; i) and a memorandum dated August 15, 1983 by Carl J, Jullie, City Manager; and j) a memorandum dated August 15, 1983 by Bob Martz. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-176, providing for establishment of proposed Tax Increment Financing District No. 6 and the adoption of a Tax Increment Financing Plan relating thereto, Motion carried unanimously. City Council Minutes -9- August 16, 1983 I. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $8,844,000.00 FOR RYAN CONSTRUCTION FOR CITY WEST BUSINESS CENTER DEVELOP- MENT COMPANY (Resolution No. 83-205) City Manager Jullie said notice of this Public Hearing had been published. Al Schackman, Ryan Construction, and Len Champer, Juran & Moody, spoke to the request. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-205, granting preliminary approval and determining to proceed with a project and its financing under the Municipal Industrial Development Act, referring the proposal to the Commissioner of the Department of Commerce for approval and authorizing preparation of necessary documents. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 9019 - 9309 MOTION: Tangen moved, seconded by Anderson, to approve the Payment of Claims Nos. 9019- 9309. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS A. Development Commission - Resolution No. 83-192, Charging the Development Commission to prepare a plan for the design and implementation of an Economic Development Program for the City of Eden Prairie. City Manager Jullie reviewed the rationale for this Resolution. He intro- duced Glenn Keitel, member of the Development Commission, who stated the Development Commission believes very strongly that the City should have at its disposal all tools to aid commercial and industrial growth. Redpath said this would help the Development Commission to have a defined task. Bentley noted the Development Commission will now have a much more vital role. He thought perhaps the Council had been remiss in not giving the Development Commission more direction in the past. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-192, charging the Development Commission to prepare a plan for the design and implementation of an economic development program for the City of Eden Prairie. Motion carried unanimously. /n 7 ra9 City Council Minutes -10- August 16, 1983 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Don Mosher, Fieldman from Senator Rudy Boschwitz's Office, requesting_ input from Council and Staff on Federal Funding or other Federal programs Mayor Penzel introduced Don Mosher who said he had been meeting with representatives of communities in Hennepin County most recently after having spent the previous ten months in outstate Minnesota. He noted the concerns of suburban Hennepin County are not too different; the major issues of concern are revenue sharing, cable tv, and tax incentives for development. He reviewed recent Legislative action in those areas. Penzel referred to a letter which he had sent to Senator Boschwitz earlier regarding cable tv; in this he stated he would not like to see controls wrested away from local governments. Penzel said he would like to see tax dollars remain with the cities and not be sent to Washington. He also expressed a need for a post office, noting that Eden Prairie is an employment center rather than a bedroom community. Penzel called attention to the regional highways which are the lifeline of Minnesota; if we cannot move our goods to market the economy comes to a halt. He said he felt we have failed to provide highways for the future. Bentley said he believed block grant funds which are administered by the Metropolitan Council and/or Hennepin County should allow a certain percen- tage of funding which would be non-discretionary. He said he would not like to see any restrictions placed on the incentives from owning a home, including restrictions on interest deductions which have been under discussion in Washington. Mosher noted that Senators Boschwitz and Durenberger and Congressman Frenzel have been carrying on correspondence with the U.S. Postal Service regarding a post office for Eden Prairie. Bentley said the Hopkins Postmaster has requested a meeting with the Eden Prairie Chamber of Commerce to discuss the service issue. B. Request for approval of a Commercial Stable License Permit from Woodbear Stables, Inc., for a facility at 9630 Eden Prairie Road Bill Bearman, proponent, addressed the proposal. Anderson asked about the runoff for this area. Beaman said the building has been placed 800-900' from the road. Septic systems have been placed so as not to be affected, away from the natural drainage areas. MOTION: Bentley moved, seconded by Redpath, to approve the request from Woodbear Stables for a Commercial Stable License Permit. Motion carried unanimously. City Council MiRutes -11- August 16, 1983 C. Request from Scott and Stephanie Feldmann for Council review of Board of Appeals & Adjustments decision on Variance No. 83-23 MOTION: Redpath moved, seconded by Anderson, to set Tuesday, September 6, 1983, 7:30 p.m. as the time and date for a Public Hearing at which time the Council will review the Board of Appeals & Adjustments decision on Variance 83-23. Motion carried unanimously. VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 22-83, Zoning from Rural to R1-9.5, R1-13.5, and R1-22, Approval of Developer's Agreement for Hidden Glen, Adoption of Reso- lution No. 83-167, Approvina Summary of Ordinance No. 22-83, and Ordering Publication of said Summary of Hidden Glen, Approval of Special Assessment Agreement and Authorization of Hidden Glen Park Acquisition. Location: 22.8 acres for 59 single family lots south of Townline Road and east of Highway 101. (Continued from August 2, 1983) Penzel reviewed previous action taken by the Council. Bentley asked about the status of the park acquisition question. Director of Community Services Lambert addressed his memorandum dated July 28, 1983, in which this issue was reviewed. Director of Public Works Dietz noted the Dell Road issue in which the pro- ponent would be responsible for a 32'-wide collector road. Director of Planning Enger noted that on the revised final plat the Lochan- burn connection is a "T" intersection rather than a through street. Matt Strodel, 6610 Lochanburn Road, said the neighborhood is disappointed because its wishes were not given consideration. The residents feel the grade on Lochanburn is too steep to be safe. He also noted the high acci- dent rate at TH 101 and Duck Lake Trail. Dietz said the Highway Department had reviewed the connection out of the proposed area onto TH 101 and had approved it. Stan Riegert, 6611 Lochanburn Road, said there is no need for the Lochan- burn connection solely for medical and public safety calls, Bob Mavis, 6620 Lochanburn Road, asked the City Council to reconsider its decision regarding the Lochanburn connection. He said he would like to have the neighborhood remain as it is; there is no real purpose in grid streets. Redpath asked what type of improvement would be necessary on Lochanburn to eliminate the grade. City Manager Jullie said if the connection is going to be made, a portion of the cul-de-sac would have to be reconstructed to flatten out the grade; no in-depth study has been made yet. Bentley asked if this would be done at City expense. Jullie said a portion of that cost might be absorbed. Bentley said he was not convinced that there is an over- riding need for this connection. He said he would not vote no on the project because he felt the project itself is a worthy one. City Council Minutes -12- August 16, 1983 Penzel said the City has taken the position over the past three or more years that neighborhoods should be connected for reasons of access and public safety. He said he felt the Council position of two accesses again should be sustained. Tangen said the new plat does address the through traffic issue and is an improvement over what was originally planned and he would support the proposal. Redpath said he thought it was a good project. Anderson said he had indicated support at previous meetings and would continue to support the project. MOTION: Tangen moved, seconded by Anderson, to give 2nd Reading to Ordinance No. 22-83, zoning from Rural to R1-9.5, R1-13.5, and R1-22. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to approve the Developer's Agreement including the park acquisition and Dell Road commitments. Motion carried unanimously, MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 83-167, approving the Summary of Ordinance No. 22-83. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to approve the revised preliminary plat, dated August 16, 1983. Motion carried unanimously. Riegert asked what would happen to the property on the sides of the present Lochanburn cul-de-sac when the road is connected. Penzel said the property would be returned to the adjacent property owners. Jullie said more information would be available prior to final plat approval. B. 2nd Reading of Ordinance No. 26-83, Zoning from Rural to 1-2 Park, Approval of Developer's Agreement PUD 7-83 for City West Business Center by Ryan Construction, and Adoption of Resolution No. 83-181, Approving Summary of Ordinance No. 26-83, and Ordering the Publication of said Sunnary for City West Business Center. Location: approximately 14.05 acres at Shady Oak Road and City West Parkway. Penzel noted there had been some major unresolved issues dealing with this proposal. Director of Planning Enger said he would feel more com- fortable with buildings which have physical limitations to them rather than buildings with percentages of type of use. Redpath asked about the screening of the Steelman property. Al Schackman, representing Ryan Construction, said he had met with the Steelmans and an agreement had been reached; a formal agreement will be signed soon. He said he will be meeting with the others in the near future and he felt agreements could be reached with them also. City Council Minutes -13- August 16, 1983 Jerry Steelman, 6601 Golden Ridge Road, said he hoped the issue had been resolved and the agreement could be signed soon. MOTION: Bentley moved, seconded by Anderson, to give 2nd Reading to Ordinance No. 26-83, zoning from Rural to 1-2 Park. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to approve the Developer's Agreement. Motion carried unanimously. MOTION: Anderson moved, seconded by Tangen, to adopt Resolution No. 83-181, approving Summary of Ordinance No. 26-83. Motion carried unanimously. C. Final Plat Approval for City West (Resolution No. 83-197) Director of Public Works Dietz referred to a memorandum dated August 9, 1983, regarding the final plat (revised). MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-197, approving the final plat for City West. Motion carried unanimously. D. Resolution No. 83-191, commenting on the improvement of C.S.A.H. 18 as a Minor Arterial Roadway from 1-494 south to Highway 13 Fritz Rahr, Bloomington, member of the Izaak Walton League and Southwest Area Citizen's Alliance, spoke against the proposed Resolution. Rahr said he felt pressure had been placed on Eden Prairie to drop its oppo- sition to County Road 18. He said he did not feel the scoping report and the environmental impact statement have made complete studies of the issue. He said one point which had not been looked at and which is going to be proposed is putting the approaches to the Bloomington Ferry Bridge on pilings v.hich would keep the bridge open during periods of high water. MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. Penzel noted the Resolution supports the City's position which as always been to support "Unique System D." Rahr said his concern was now with the fact that CSAH 18 would intersect with the Shakopee by-pass which would mean it would have more traffic on it than had been previously indicated. This would mean more truck traffic which would be detrimental not only to the residents but to the wildlife in the river area. Planning Director Enger noted the contemplated timing the City has based its position on is the contemplated construction of 212 which would then be followed by the improvements to C.S.A.H. 18 as a Minor Arterial. The bridge across the River would match the Minor Arterial roadway, Rahr said traffic counts don't justify a major bridge across the river in the C.S.A.H. 18 corridor, City Council Minutes -14- August 16, 1983 Bentley said he understood the Army Corps of Engineers would not accept building a bridge on pilings as Rahr had suggested earlier. Rahr said river navigation is not a problem these days. He reviewed use of the channel and noted another 6 -year permit has been applied for. He said he felt the Resolution which had been adopted by the Council in March would be adequate; the proposed Resolution, he felt, represents a 360 degree turn from that position. Bentley said he has been under no pressure to do anything and did not like the implications Rahr had made. He said his major concern has been what would happen to Anderson Lakes. He said he realizes that County Road 18 must be improved to a four-lane road in the very near future. This must be done "at grade" and with as little damage to the environment as is possible. Redpath said he felt this Resolution does address the corridor D ques- tion. Tangen recommended deleting paragraph 2 of the draft Resolution. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 83-191, commenting on the improvement of C.S.A.H. 18 as a Minor Arterial Roadway from 10494 south to Highway 13 as amended. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Redpath noted there are 937 prints of the Grill House available for sale. He said he thought the Restoration Committee was to have sold . these. Redpath said the Eden Prairie Foundation has attempted to sell them and indicated the Suburban National Bank is including information regarding the print in a current ad campaign. He said he would like to have members of the Restoration Committee meet with the Council to discuss its plans and to relate what it has done to date to raise money for the restoration of the Cummins-Grill House. B. Report of City Manager City Manager Jullie indicated the lease on the Prairie Village Mall will soon be up. Finance Director Frane asked authorization to negotiate a new lease. MOTION: Redpath moved, seconded by Anderson, to authorize Staff to negotiate a new lease for the Prairie Village Mall Liquor Store. Motion carried unanimously. City Manager Jullie stated he had received a letter today from City Assessor Bob Martz in which Martz said he intended to retire effective March 1984. 119 City Council Minutes -15- August 16, 1983 C. Report of City Attorney There was no report. D. Report of Director of Community Services 1. Birch Island Park Expansion MOTION: Bentley moved, seconded by Anderson, to approve the Birch Island Park expansion as per Director of Community Services Lambert's memorandum dated August 9, 1983. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. 2. Lease Agreement for Camp for Retarded Citizens MOTION: Anderson moved, seconded by Bentley, to approve the proposal regarding the lease agreement for the camp for retarded citizens at Birch Island Park as outlined in Director of Community Services Lamberts memorandum of August 9, 1983, including the provision for a 20-year lease arrangement. Motion carried unanimously. 3. Hennepin County Park Reserve District Public Hearings Director of Community Services Lambert spoke to his memorandum of August 10, 1983, in which he addressed the issue. He noted the City of Minne- apolis is looking to the County for operating funds for some of the City parks saying they are actually regional parks. The concensus of the Council was that the City of Eden Prairie also has parks which are used on a regional basis but which are under the control of the City. MOTION: Anderson moved, seconded by Redpath, to direct Staff to draft a letter expressing the concerns of the City as well as the fact that the City of Eden Prairie feels that any funds directed to operating a park should also mean that park would be managed by the County. Motion carried unanimously. E. Report of Planning Director There was no report. F. Report of Director of Public Works 1. Award contract for Shady Oak Utilities, I.C. 52-049 (Resolution No, 83-196) MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-196, awarding the contract for Shady Oak Utilities, I.C. 52-049. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously, X. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 12:10 a.m. Motion carried unanimously, nolL1 Change Order No. 1 August 23, 1983 Project: LaVonne Industrial Park I.C. 52-048 RCM File No. 831008 To: Northdale Construction Company, Inc. You are hereby directed to make the following cha n g e s t o y o u r c o n t r a c t f o r t h e a b o v e referenced project. Nature of The Ch .rj.ge: Construct sanitary sewer and services to serve Lot s 1 , 2 a n d 3 o f B l o c k 1 , LaVonne Industrial Park as shown on the attached p l a n s h e e t d a t e d A u g u s t 4 , 1 9 8 3 . Adj.tistrnts to Contract Quantities: Add the following quantities to the current contr a c t q u a n t i t i e s : 8" Sanitary Ss..'er Connect to Existing X:11-,hole St;.ndard Manhole 8" x 4" Service Nyes 4" Service Pipe Clear and Grub Tree Street Restoration TOTAL 75 LF @S20.75 Pa (:SE00.00 1 ea e5r00.00 3 ea e$ 50.00 30 LF CeS 8.50 2 ea Ca$ 75.00 I IS @1500.00 = $1,556.25 = 600.00 = 900.00 = 150.00 = 255.00 = 150.00 _1,_590.00 $5,111.25 Suyoary .of Adjust4i.ent:s .to Contract Amount: Contract Amount Prior to this Change Order Increase Resulting from this Change Order Revised Contract Amount Including this Change Ord e r $296,973.25 5,111.25 THE nov_c CHANGES ARE APPROVED: RILKE CARROLL MUILER ASSOCIATES, INC. By Date .A.!-;OVE_CHANGES ARE ACCI.PlED: NORTHDALE CONSTRUCTION COMPANY, INC. By Gate .. CITY OF EDEN PRAIRIE, MINNESOTA By _ Date 5' tt.1-I. _ , , ) LOT \n. • < 1 - ( - < v." \ \<" '"1-C.--1-- 1 . \ 0,•..,11.-'' \ ,F.b...,.•t. e,-..Ta./..0.....:._ (4,1 PO--T (`..-,6 ,./E...;—\ \. Lor 7 \..‘1.,>. ‘, t' .. nI'''' '5 I T curs 4--, e- • ' „.1 „t LOT f5 1.1 1\ NCI -I F _ j1. ; i . ..I L. y.. ::. ry I r. L . -I I 7 -.7) : . r jqcjf . _ a.: ... . •"` CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 35-83 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, CONTAIN 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 action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 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. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between Countryside Investments, Inc., a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of and finally read and adopted and orderea —Published at a regular meeting of the City Council of said City on the day of ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A LEGAL DESCRIPTION The North Half of that part of the West Half of the Southeast Quarter of the Northwest Quarter lying East of the West one rod thereof, Section 5, Township 116, Range 22, except the North two feet thereof. High Trails Estates 2nd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983, by and between Countryside Investments, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for development of approximately 10 acres for rezoning from Rural to R1-13.5 and preliminary plat for 21 lots on said 10 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said entire 10 acres hereinafter referred to as "the property," and; WHEREAS, Developer desires to develop the property as 21 single family detached lots, on said 10 acres, based on plans dated June 27, 1983; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 35-83 and Resolution #83-168, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall plat and develop the property in conformance with the materials dated June 27, 1983, reviewed and approved by the City Council on July 19, 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein' of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat, Developer agrees to submit to the City Engineering Department for review, and obtain the City a gq Engineer's approval of a 20 ft. easement allowing access to the southeast retention pond, which shall be incorporated into the development plan, and, a drainage easement shall be placed over the southeast retention pond. 4. Concurrent with street construction, Developer shall construct upon the property a five foot wide concrete sidewalk to be located from north to south along the west property line within the right-of-way of Duck Lake Road, as depicted on Exhibit B. 5. Prior to any grading or construction on the property, Developer shall place a snow fence around the wooded area in the northeast corner of the property as depicted on Exhibit B. Developer shall not permit others to disturb the area within the snow fencing. OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN COUNTRYSIDE INVESTMENTS, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1983, by and between Mr. and Mrs. Karl Kurtz, husband and wife, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Resolution #83-168 for a preliminary plat approval and Ordinance #35-83 changing the zoning of the property owned by Owner from Rural to R1-13.5 as more fully described in that certain Developer's Agreement entered into as of , 1983, by and between Coutryside Investments, Inc., and City, Owners agree with the City as follows: 1. If Countryside Investments, Inc., fails 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. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. r Mr. Karl Kurtz Mts. Karl Kurtz 1901 High Trails Estates 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-207 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 35-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 35-83 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. 35-83, 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. 35-83 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. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk High Trails Estates 2nd Addition The following is the full text of the City of Eden Prairie Ordinance No. 35-83, 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, the Developer's Agreement, which is incorporated therein by Section 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 35-83 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, CONTAIN 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 action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 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. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between Countryside Investments, Inc., a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of IG)0 Summary of Developer's Agreement: High Trails Estates 2nd Addition 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. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission to the City Engineer of a development Plan for the land. 3. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 4. Developer's warranty of title to the land. 5. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 6. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 7. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 8. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 9. Application of the Developer's Agreement to transferees of the land. 10. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 11. Notice to the City's cable franchise. 12. Prior to release of the final plat, Developer agrees to submit to the City Engineering Department for review, and obtain the City Engineer's approval of a 20 ft. easement allowing access to the southeast retention pond, which shall be incorporated into the development plan, and, a drainage easement shall be placed over the southeast retention pond. 13. Concurrent with street construction, Developer shall construct upon the property a five foot wide concrete sidewalk to be located from the north to the south along the west property line within the right-of-way of Duck Lake Road. 14. Prior to any grading or construction on the property, Developer shall place a snow fence around the wooded area in the northeast corner of the property. Developer shal). not permit others to disturb the area within the snow fencing. NOTICE: A printed copy of this ordinance is available for inspection by any person during regular 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. Penzel, Mayor MOS ATTEST: SEAL John D. Frane, Cre7-1— /906 September 6, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-212 A RESOLUTION APPROVING FINAL PLAT OF HIGH TRAILS ESTATE SECOND ADDITION WHEREAS, the plat of High Trails Estate Second Addition has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: a A. Plat Approval Request for High Trails Estate Second Add, is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 30, 1983. 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 September 6, 1983. Wolfgang H. Pen2e1, Mayor B. C. D. 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 Wo r k s FROM: David L. Olson, Engineering Technician DATE: August 30, 1983 SUBJECT: HIGH TRAILS ESTATE SECOND A D D I T I O N PROPOSAL: The developer, Countryside Investments, I n c . , h a s r e q u e s t e d C i t y Council approval of the final plat of H i g h T r a i l s E s t a t e S e c o n d Addition, a single family residential p l a t l o c a t e d e a s t o f D u c k Lake Road, north of High Trails Estate a n d w e s t o f C o a c h l i g h t M a n o r in the North half of Section 5. The pl a t w i l l contain 21 lots on approximately 10 acres. Ownership of O u t l o t A w i l l b e r e t a i n e d by the develper to be combined with fu t u r e p l a t t i n g o f t h e a r e a north of this plat. HISTORY: The preliminary plat was approved by t h e C i t y C o u n c i l o n J u l y 1 9 , 1983, per Resolution #83-168. Second reading of Ordinance t35-83, zon i n g t h e p r o p e r t y t o R I - 1 3 . 5 is scheduled for final reading by the C o u n c i l o n S e p t e m b e r 6 , 1 9 8 3 . The Developer's Agreement referred to w i t h i n t h i s r e p o r t i s scheduled for execution on September 6, 1 9 8 3 . VARIANCES: All variance requests must be processe d t h r o u g h t h e B o a r d o f A p p e a l s . UTILITIES AND STREETS: All utilities and roadways within the p l a t w i l l b e i n s t a l l e d i n conformance with City standards and th e r e q u i r e m e n t s o f t h e Developer's Agreement. An additional street name will be neces s a r y t o p r o p e r l y i d e n t i f y t h e proposed street. Pg. 2 - Final Plat High Trails Second Addition PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of High Trails Estate Second Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of Engineering fee in the amount of $630.00. 2. Receipt of fee for street lighting in the amount of $1,807.20. 3. Execution of the Developer's Agreement. 4. Satisfaction of Bonding requirements. 5. Second reading of Ordinance #35-83. 6. Satisfaction of street name change request. DLO:sg September 6, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-213 A RESOLUTION APPROVING FINAL PLAT OF HIDDEN GLEN WHEREAS, the plat of Hidden Glen has been sub- mitted in the manner required for platting land wider the Eden Prairie O r d i n a n c e Code and under Chapter 462 of the Minnesota Statutes and all proceeding s h a v e b e e 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 a n d o r d i n - ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF. THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Hidden Glen is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated September 1, 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 MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on September 6, 1983. Ciiirtrija ng it: -PeirieT:Ifiy—o7r- ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Member s THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public W o r k s FROM: David L. Olson, Engineering Technicia n DATE: September 1, 1983 SUBJECT: HIDDEN GLEN PROPOSAL: The developer, R.M. Feerick and Asso c i a t e s , i s r e q u e s t i n g F i n a l Plat approval of Hidden Glen located e a s t o f T . H . 1 0 1 ( W e s t 1 9 2 n d Avenue) and north of Lochanburn Addit i o n i n t h e N o r t h 1 / 4 o f S e c t i o n 6. The plat submitted contains 64 l o t s z o n e d a s f o l l o w s : a l l l o t s within Blocks 1,2,3,4,5 and 6 -RI-9. 5 ; L o t s 1 a n d 2 , B l o c k 7 - R I - 2 2 ; Lots 3 and 4, Block 7, and Lot 1, B l o c k 8 - R I - 1 3 . 5 . T h e t o t a l a r e a of this plat is 22.8 acres. HISTORY: The preliminary plat was approved by t h e C i t y C o u n c i l o n J u n e 7 , 1983, per Resolution 83-129. Zoning to RI-9.5, RI-13.5 and RI-22 w a s a p p r o v e d b y t h e C o u n c i l on August 23, 1983. The Developer's Agreement referred t o w i t h i n t h i s r e p o r t w a s e x e c u t e d on August 23, 1983. VARIANCES: Lot size variances for Lots 1 and 2, B l o c k 7 a r e c o v e r e d i n t h e Developer's Agreement - PUD. All variance request's not covered by t h e D e v e l o p e r ' s A g r e e m e n t m u s t be processed through the Board of App e a l s . UTILITIES AND STREETS: Municipal utilities and streets will b e i n s t a l l e d by the developer in conformance with City standards and t h e r e q u i r e m e n t s o f t h e D e v e l o p e r ' s Agreement. The location of any additional drain a g e a n d u t i l i t y e a s e m e n t s w i l l b e determined by the Engineering Depart m e n t u p o n r e v i e w o f f i n a l u t i l i t y plans prior to release of the final plat. PARK DEDICATION: The requirements for park dedication a r e c o v e r e d i n t h e D e v e l o p e r ' s Agreement. 1910 Page 2 - Hidden Glen Final Plat BONDING: The requirements for bonding are covered in th e D e v e l o p e r ' s A g r e e m e n t . RECOMMENDATION: Recommend approval of the final plat of Hidd e n G l e n s u b j e c t t o t h e requirements of this report, the Developer's A g r e e m e n t a n d t h e following: 1. Receipt of Engineering fee in the amount of $1, 5 0 0 . 0 0 . 2. Receipt of street lighting fee in the amount of $ 7 , 2 2 8 . 8 0 . 3. Satisfaction of requirements within the Develop e r ' s A g r e e m e n t . 4. Satisfaction of bonding requirements. 5. Execution of assessment agreement for Dell Roa d . DLO:sg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-83 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, CONTAIN 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 action was duly initiated proposing that the land be removed from the Rural District and be placed in the Office District as part of the City West Planned Unit Development approved by Resolution#81-226; Section 3. The land shall be subject to the terms and conditions of that certain resolution approving the site plan, Resolution #83-206 approved by the City Council on , 1983. Said resolution containds the terms and conditions of approval and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. The City West Planned Unit Development is not in conflict with the goals of the Guide Plan of the City. B. The City West Planned Unit Development is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in The City West Planned Unit Development, are justified by the design of the development described therein. D. The City West Planned Unit Development is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. 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 Public-Planned Unit Development 2-83 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. Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. lq 1 1 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 publishedat a regular meeting of the City Council of said City on the day of ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-206 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF THE CRC OFFICE BUILDING, BY RYAN CONSTRUCTION FOR A 21,000 SQ. FT. OFFICE BUILDING ON 1.5 ACRES BE IT RESOLVED, that the proposal for a 21,000 sq. ft. office building on 1.5 acres for CRC, by Ryan Construction, located on City West Parkway, which is part of the overall Citiy West Planned Unit Development, adopted by Resolution #81-226, is herein approved subject to the following specific conditions: 1. The revised site plan and grading plan, dated July 19, 1983, and attached hereto, shall apply. 2. Prior to issuance of a grading permit, developer/owner shall receive approval from the Board of Appeals for a variance to allow more than 25% use of cedar siding on the north, east, and west elevations, and for extension into the rear yard setback for a deck. 3. Prior to issuance of a building permit, developer/owner shall: A. Meet with the City Engineering Department regarding sanitary sewer and storm water drainage. B. Receive approval from the Nine Mile Creek Watershed District. 4. Screening of the rooftop mechanical equipment shall be accomplished with materials identical to, or compatible with, other exterior materials utilized on the structure. 5. Property assessments will be on an area-wide basis in City West Planned Unit Development for incurred upgrading costs to Shady Oak Road. ADOPTED by the City Council on , 1983. Wolfgang H. Penzel, Mayor ATTEST: SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN RICHARD W. ANDERSON, INC. AND CITY OF EDEN PRAIRIE This Supplement to Developer's Agreement made and entered into as of this day of , 1983, by and between MinTex, a Texas General Partnership, d/b/a MN-TX, hereinafter referred to as MN-TX, transferees of the property as described in the developer's agreement between Richard W. Anderson, Inc., a Minnesota corporation, and the City of Eden Prairie, for Shady Oak Industrial Park 5th Addition, dated December 18, 1979, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, Richard W. Anderson, Inc., and City made and entered into a Developer's Agreement, dated December 18, 1979, for Shady Oak Industrial Park 5th Addition (the "Developer's Agreement") and MN-TX has succeeded to all of the rights and interests in the lands included within Shady Oak Industrial Park 5th Addition, previously owned by Richard W. Anderson, Inc.; and, WHEREAS, the parties desire to amend said agreement; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: a. Paragraph 1. shall be amended to read as follows: Owner shall plat and develop the property in conformance with the revised material dated August fiL 1983, reviewed and approved as amended by the City Council on August 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. b. Paragraph 5. shall be amended to read as follows: Owner shall provide all necessary utility easements as required by the City Engineer. c. There shall be added paragraphs 7. - 9. as follows: 7. Mechanical equipment outside of the building shall be screened according to Code requirements in an architecturally integral manner. Screening material shall be subject to approval by the Director of Planning, prior to building permit issuance. 8. All parking lot lighting shall be down-lighting, with cut-off luminars. 9. The exterior walls will be precast concrete Insulated double-T wall panels with white finish. 2. MN-TX agrees to all of the terms and conditions and accepts the obligations of the "Owner' under the Developer's Agreement, as amended and supplemented herein. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 6, 1983 CONTRACTOR (MULTI-FAMILY & COMM.) MN-TX C. H. Robinson Company Sander & Company, Inc. Undestad-Brueggeman Contractors, Inc. CONTRACTOR (1 & 2 FAMILY) A & 5 Construction Specialties Best Decks Feerick Development, Inc. Lakewood Builders, Inc. Northland Homes Prestige Investment, Inc. Quality Checked Construction, Inc. R & R Custom Homes Woodridge Corporation HEATING & VENTILATING Metro Air Stein Air GAS FITTER Tri-Star Mechanical PLUMBING Bruckmueller Plumbing Corcoran Plumbing D. C. Mechanical Wayne Dauwalter Plumbing Eide Plumbing Co. Gezel Plumbing Dan G. Johnson Plumbing Master's Plumbing Mr. Plumber, Inc. W. E. Neilson Plumbing & Heating Steve Schmit Plumbing Tri-Star Mechanical TYPE B FOOD Snyder's Drug Stores, Inc. Lisle Smith Winger CIGARETTE Snyder's Drug Stores, Inc. SOLICITOR Lisle Smith Winger (Frozen Shrimp) VENDING Coca Cola Bottling Co. These licenses have been approved by the department heads responsible for the licensed activity. (7) • • it- TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: August 31, 1983 RE: Final approval M.I.D.B. - Shady View Business Center $3,950,000 - Resolution No. 83-214 This project is located in the LeParc subdivision and received approval in November of 1981. It had an interim final in November of 1982. This resolution authorizes the permanent financing. The City Attorney's office has reviewed and approved the final documents. Resolution No. 83-214 will be in the Mayor's signature file. JDF:bw 8/31/83 MEMORANDUM .TO: FROM: TROUGH: DATE: SUBJECT: Mayor and City Council Chris Enger, Director of Planning Carl Jullie, City Manager September 2, 1983 Appeal of the Board of Appeals Denial of Feldman Request for Variance from Driveway Setback Requirements The Board of Appeals reviewed the request of Scott and Stephanie Feldman for variance from Chapter 11, Subdivision 3. H. 7. c of the City Code on July 14, 1983. This provision of the Code states the following requirement: "Minimum Distances between end of driveway return and property line--10 feet." The Board denied the request for the driveway to be within one foot of the side lot line extended at the curb and four feet at the front property line. The Board felt that the variance would be disruptive to the adjacent neighbor. David and Beverly Cronk are the adjacent neighbors to the west. Their solution to the driveway problem is not to relocate the driveway, but to relocate the lot line. They are proposing a trade, which would provide more front yard from their lot to the Feldman lot and more back yard to their lot from the Feldman lot. It is interesting that this solution will make no visual or physical difference to what the Feldmans are proposing. Additional observations that the Staff has made include: 1. The driveway is only rock base at this time, it has not been paved. 2. The Code is subject to several interpretations. 3. There are 55 other cases in Hidden Ponds where the driveway return is closer than ten (10) feet to the lot line and many additional cases throughout the community. Enforcement in this specific case could be difficult. 4. The driveway, as proposed, does not conflict with any other driveway. 5. The driveway, as proposed, provides the maximum possible space for cars to park in front of the Feldmans' own lot. N19 Mayor and City Council Jean Johnson, Zoning Administrator August 10, 1983 FELDMANN'S APPEAL OF THE BOARD OF APPEALS DECISION ON VARIANCE NO. 83-23 City Code, Chapter 2, allows review or appeal of Board of • Appeal's decisions- Subd. 4. Review or Appeal. (1) The Council may elect to review any decision of the Board, or a decision may be appealed by the appellant or petitioner within forty-five (45) days by filing with the City Clerk-Treasurer an appeal to the Council from the decision of the Board. (2) The Council shall at its next regular meeting after the filing of an appeal from a decision of the Board of Adjustments and Ap- peals, set a date for hearing therein which shall be not later than sixty (60) days after the meeting. Review shall he made upon the petition and all the files, documents and records of the proceedings of the matter. The City Clerk-Treasurer shall make a permanent record of the disposition of all appeals to it from decisions from the Board of Adjustments and Appeals. Attached for your information is the material that was submitted to the Board of Appeals and the Board of Appeal's minutes on this variance . The earliest date for a public hearing would be Sept. 6, 1983. Surrounding residents have been notified of the Council's August 16th meeting. JJ MEMO TO: FROM: DATE: RE: /4,9,0 Memo - July 5, 1983 Agenda Page 6 F. REQUEST # 83-23, SUBMITTED BY SCOTT & STEP H A N I E F E L D M A N N City Code reads as follows: "Minimum dist a n c e s b e t w e e h e n d o f driveway return and property line - 10 fe e t . " Feldmann's are requesting to place the dri v e w i t h i n 1 foot of the property line . . . The Certificate of Survey also depicts a driveway 10 feet from the property line which is still negotiab l e f o r a v e h i c l e a n d the question of a hardship arises. On th e o t h e r . h a n d , a v a r i a n c e from the 10 foot setback requirement in th i s n e i g h b o r h o o d w o u l d not be inconsistent with the neighborhoo d c h a r a c t e r . 18865 Pheasant Circle Eden Prairie, MN 55344 August 10, 1983 Members of the City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Request for Approval of Variance of 83-23 Dear Council Members: Would you please review and approve our request for variance to the 10 foot set-back requirement previously denied by the Zoning Board of Appeals and Adjustments on July 14, 1983. The variance is requested for the following reasons: 1) The house was designed and situated on the property with the driveway located at the property line. This was clearly shown on the site plan submitted and approved by the City. If the building permit had been denied when submitted by the contractor, we would have redesigned the house accordingly. In fact, this crdinance has never been previously enforced, and in fact, the building insoactors told our neighbor, Bruce Anderson of 18S35 Pheasant Circle, when he constructed his house in 1982 that he could locate his driveway at the_propertv line. It appears the the inspectors had no knowledge of this ordinance as it pertains to residential property. The denial of this variance will create a safety hazard. It will be difficult in snowy or icy conditions to back down the driveway and turn at the same time. The elevation change from the garage slab to the street is 3 feet. Please refer to Exhibit B. 3) The denial of this variance will locate the end of the driveway in the center of the property frontage and detract from the visual appearance of this property. At the hearing before the Zoning Board of Appeals and Adjustments, we were given a submittal dated July 11, 1983 by David and Beverly Kronk. In that submittal, the Kronk's suggested a property line change which would have generated a net gain of 330 square feet of property to the Kronks. After the hearing, we submitted two proposals for a property line change to the Kronk's, the last of which was rejected on August 8, 1983. The July 11 submittal by the Kronk's outlined five concerns to the granting of the variance: 1) Snow Removal - Due to the northwesterly winter winds, it is reasonable to expect that the majority of snow would be piled on the east side of our driveway. This would minimize drifting into the Igaa c4:24.1fritA' Stephanie Durda Feldmann Wilbege10`.. Sincerely, Attachti City of Eden Prairie August 10, 1983 Page Two driveway area. The orily possible area that snow would be piled on the Kronk's property would be at the enaince to the driveway due to the plowing of the cul-de-sac. 2) Drainage - The granting of the variance, which would allow our driveway to begin at the property line, would in fact lessen the drainage problems on to the Kronk's property. Water running straight down the driveway will flow directly on to the cul-de-sac. If the driveway is located 10 feet from the property line, it will increase the drainage area towards the property line by 250 square feet. Please refer to Exhibits DI and 02. Possible Property Damage - Based on the "Architectural Graphics Standards, Sixth Addition," the minimum and maximum turning diameters fall between 37 feet-8 inches and 49 feet-7 inches. Exhibit E shows the minimum and maximum turning radius of large and small cars based on this data. Without riding over the curb at the entrance to the cul-de-sac, it would be virtually impossible to turn across the property line without being in our driveway. .4) Parking - If the driveway is located per our request for variance on the property line, it will be possible to park a mid-size car between the driveways of Lot 1, Block 6 and Lot 2, Block 6 (see Exhibit F1). If the driveway is set 10 feet from the property line, it will be impossible to park a car between Lot 1, Block 6 and Lot 2, Block 6 and all vehicles will have to be parked between Lot 2, Block 6 and Lot 3, Block 6 (see Exhibit F2), 5) Occupancy- This concern is of no relevance to the granting of the variance. Exhibit Cl is a site plan of Hidden Ponds I, Hidden Ponds II and Nygren Estates which shows the properties in violation of this ordinance. The Zoning Board of Appeals and Adjustments stated in the July 14 meeting that there had never been a request for variance to the 10 foot setback ordinance. Selective enforcement of this ordinance for the gain of one party at the expense of another was not the intent of the ordinance. If the intent of the ordinance was to strictly enforce the 10 foot setback, then all properties in violation should be sited and corrected. If the intent of the ordinance was to provide a reasonable control to residential driveways in Eden Prairie, then the variance should be granted. • We appreciate your review and approval of our request for this variance. cc: B. A. Theim, PA R. A. Pauly, PA lp flAte.b4.5 Stephanie Durda Feldmann ,18865 Pheasant Circle Eden Prairie, MN 55344 June 13, 1983 Board of Appeals and Adjustments • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Variance Dear Board Members: Would yoU please review and approve a request for a variance t o t h e 1 0 f o o t driveway "setback" ordinance for our property at 18865 Pchasa n t C i r c l e . The legal description of said property is: Lot 2, Block 6, Hid d e n P o n d s Second. Addition, Hennepin County, Minnesota. Attached and labeled Exhibit "A" is the Certificate of Survey w h i c h w a s approved for a building permit by the City of Eden Prairie B u i l d i n g D e p a r t m e n t in January of 1983. This survey Shows the driveway located 1 f o o t a w a y f r o m the property line at the curb. NO mention was made at tha t t i m e o f a 1 0 f o o t setback requirement. In a casual conversation with our neighb o r , B r u c e A n d e r s o n who built his house at 18835 Pheasant Circle in 1982, we wer e i n f o r m e d t h a t the Building Department told Bruce that he could locate his d r i v e w a y o n t h e property line. Our house was situated on the site to maximize passive solar g a i n a n d t h e garage was located to block the northwesterly winter winds. T h e h o u s e i s designed to all for visual control from the kitchen of a c h i l d r e n ' s p l a y area in the southwest corner of the property. Exhibit "B" illustrates how the driveway would have to be l o c a t e d i f t h e 10 foot setback is enforced. This will require a very Shar p t u r n i n t o t h e driveway from the cul-de-sac and will make it very difficu l t , e s p e c i a l l y i n winter, to back out of the garage and into the street. A sa f e t y h a z a r d w i l l he created if we must turn while backing down the driveway o n t o t h e c u l - d e - s a c . For informational purposes, Exhibit "C" is a site plan of Hid d e n P o n d s I, Hidden Ponds II and Nygren Estates which shows the proper t i e s i n v i o l a t i o n o f this ordinance. As the site plan indicates, the majority o f t h e v i o l a t i o n s occur on cul-de-sacs. Due to the minimal property frontage s o n c u l - d e - s a c s , it is practically inccssible to comply with the 10 foot setb a c k o r d i n a n c e without detracting from the fundticn and appearance of the p r o p e r t y . We appreciate your review and approval of our request for a variance. Sincerely, .c.„, G --.....,._____,..„....., . sc) , ......„. ,,,,....., mt....h._ PALI 0 Denotes ire* mor*er• ftaro Deno/es esislins elev. lysr.51 Denotes proposed elev. Denoles Surface drrhnose 11212 Proposed basemen/ erercdion 93Z.0 Proposed /"floor elerobon I 93/.331 Proposed garage eievolion .0./0 r, On:Image E: 1./Iddy Cosemeni \, 87.1:10'( CEP:TN:KATE OF SURVEY FOR 7:ee Ccwsb -vaior, Legal Descrolion: lo/ 2, Block 6, Wickfen Ponds Second /Welion) Rennepiri Covnir , Menaesohy Hansen ® Thorp 8, Pellinen, Inc. Coraviten Engem.' - Land Surve yon - 5.14 Pitmen 7408 laachea ltd., Iege hone. Mn. 65344 534 6163 13901 54:41141.444 Rd., Minnetonka. 14n. 55343 935 6039 I hereby certify that this survey, prepared by me or under my direct suOer. vision,. is a true and Correct representation of the boundaries of the above described land and of the location of all buildings, it any thereon, and all visible encroachments, if any, horn Of on Said land and that I am a duty registered land surveyor under State of Minnesota Statutes Section 326.02 to 326.16. Date: 1/4/1"mtp• Registration No Job No. 82 '156 Hook Page /4-78 Sews I': 30' EXHIBIT "A" r-y77.310370, CERTIIFICATE OF SURVEY • FOR 7:4*E. Cons/rtic/ion lesa/ Descrip/ion: Lot Z, Block 6, Wadd en Pomis Secono Hennepin MinResolo —SO MIBIT "B" —S stiaJA-1/4 1 6L/er tiro) A 617 (928.9) -Dorii;-P 1 UJIF 15 `.. • i1*- 10' tteT 14) pivri.vAi.„ To, 0 Denotes iron marker' (927.4) Denoles epelins elev. j le.tr.Sj Deflates propw' efer- Ar"--- Deflotes 4.0 II °posed ..7sC7e 0 Pr0p).51d I e3 a.3 3,.] Prp ?9z24) oct! (930S14 u2__‘• $1:.\ 33.89 (V13.0) G" • / 7' 24 4'f, On') „o was., olg /43. 92 S 73 .30 .E. - !, I V' izr 6444:4 0 1_0.; .1 c6t.P.,5fii:j`ri o (9Z3.2.0 ''!-, . '7 i -c-1-1-thi'i'l t " 'f j .t. ,..747-‘:-IL. P(Z. t.:1' •1\; ''''''' \ . //'4. ,...... ,„..? r H.;\ ! ( Al'1%- GA. 1 r - otvMose f ()lady teSemen, ••- 1 --,,,.....‘ , ... ."--• 7/// 1;e4-3 1 R,I. Oct .00 . ,6) ,I, / \ , !.; Hansen Thorp & Pellinen, Inc. I hereby certify that this survey, prepared by me or under my direct vision, is a true and correct representation of the boundaries at the a n_,. ' described land and of the location of all buildings, if any thereon, end visible encroachments, if any, from or on said land and that I am a c. registered land surveyor under State of Minnesota Statutes Section 32c,.. to 320.16. Consulate (Nowell — LIM Stovoyont — Soo Fumes 100 latican NO.. I don Potato. Mn. 55344 93416161 13Q01 Spline Lit• ltd. latnewtonak Mn. 65343 913•50111 lq f1(.1 Date: titlft4Tp, Job No. 82-156 Book - Page Registration No /4-713 Scale /.'""50‘ ••••-;V:•;,---••-;t • - • " ! n„..* , • • -- NORM & CHARLEE BEHLMER E:3 victr1t4 woes Lar EvV=IXER • . • - 4-er--. EXHIBIT "C" Property in violation of setback ova:Li -mice by street address. 18023 Valley View 18135 " " 18129 " 18123 • 7180 Park 7107 " 7109 7111 7122 7124 7126 7000 18028 South Shore Lane 18042 " " if 18056 " 18070 " 18260 " 7272 Tartan Curve 7270 " " 7280 if 7284 if 7286 11 7281 7279 7179 11 19195 Homestead Circle 19110 " 7095 Ding. Circle 7080 " " 18705 Partridge Circle 18710 " 18735 " 7236 Ticonderoga Trail 7234 7059 if 7040 7143 if 7090 Green Ridge Road 7095 7115 " 7230 19175 Pheasant Circle 19190 " 19185 19145 18920 18865 18835 18860 19150 Deerfield Trail 19155 "if 19145 "if 18830 " if 18870 " if 18805 "if bfo fugot4 -.;"4-trmcJ. pirtam N m1 ricrt 11111 • .1.1.[Air-t m.34,1\2k-ri--9e71 '•--•Pcgec/A etic1,1_11.1090.ri 67v1,11\d•zk1 !PAT PRAION95, 1.51: GC•I7710 ip VARIA Nc- 147 NkALC:rt:17, Art .14-,<MATLA aze-Ar or Lai- a I./J[4cl.= w ILL prAINI Toi4A1.49 PForLizT1 - g2e-A I; )O mANING, Fv.spiV, rc,r, ....v.,-corwcz ft,15-n:, (70 PA-A -0141-1 Tor( Po -)(1-1-1F-.1 -1- iTh 1-110. -Tug Pot-tr5.1 2, or ari t -ce pna.0 • orl 1-15 MAK AIQZ:=4,X* or vel, wT-rt.\ • ... AN1 61-1a,t,'7r 10 t-i,e4, Ii . I uNiraY-PA:4 _ 10#06-4-005, -rms rw,x, Ts,N;c„Le. - Covi-t9 H31 Ito. Id.: rArUIN& IA L1 6x 7 rW6cNIPITION IF VAKKIct, 1/7 Cofsk\N-ITVP. ONt=c)AIR 1-0cA-M , AIRP\CENt - ittolt:71 192, oxi-mrr F -2 2- }2A--CC.K. (p a10. . PArkld & rk-K CoN17 1'notsk r VA rt 12, c.prc„ rw,K6-17 APkig_Xt•ti TO LOr 3 Lcic.r.(0 July 5, 3983 • • Mr. and Mrs. Scott Feldmann 38865 Pheasant Circle Eden Prairie, mN 55344 • Re: Variance Request Dear Feldmanns: We have no objection to your request as the owners of the property adjacent to your back lot, running on a line East to West (143.92). Our concern for the property which borders yours, and your property line would be: Priority 1-4 1. Do they (Cronks) have enough room for removal of snow. 2. Do they have room for their mail box. 3. Do you have a good access or reversal to your proposed driveway. 4. Do you have any conflict with the Cronks in the removal of your snow. We would like to clarify our position on our property line and its markers. We have lived at 18860 Deerfield Trail since July 15th, 1977. Our property was surveyed in January of 1977. The stakes that were set in 1977 have been the guide lines for all of our trees and shrubs. We have placed all of our property with- in these lines. Your property was surveyed early in 1983 and the stake on the S.E. point was set 28" onto our property which was surveyed in 1977; the original stake is in place. We would like to have an understanding that you will honor the original survey stake, and that the existing trees and shrubs are our property and our concern for care and final disposition. Sinserely, • 7 /17 \- n G. Skare roperty Owner 1E1860 Deerfield Trail Darlene J. Skate Property Owner 18860 Deerfield Trail David & Beverly Cronk • • 18895 Pheasant Circle Eden Prairie, MN 55344 • July 11, 1983 Board of Appeals and Adjustments City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Denial of variance request 83-23 Dear Board Yembers, Please review and deny a variance to the 10 fo o t d r i v e w a y " s e t b a c k " ordinance requested by Scott and Stephanie Fel d m a n n o f 1 8 8 6 5 P h e a s a n t Circle. To eliminate the need for a variance to City C o d e , C h a p t e r 1 1 , S e c . 11.03. Subd. 3, H., 7, which states that a driveway return m u s t b e 10 feet from the property line. Please consid e r a n d a p p r o v e a - property line ohmage as an alternative to g r a n t i n g t h e v a r i a n c e . This change would be located between: • - David & Beverly Cronk Scott & Stephanie Feldmann • 18895 Pheasant Circle 18865 Pheasant Circle LOT 3 BLOCK 6 • . LOT 2 BLOCK 6 HIDDEN PONDS SECOND ADDITION HIDDEN PONDS SECOND ADDITION Attached p,n4 labiazd EXHIBIT "A" We anti proposing zhe following property line c h a n g e . T h i s w i l l give tii.& firmv on LOT 2 more than ample space for their driv e w a y to be straight and within the City Code. This change will enable us, on LOT 3, to gain the property at the back of our lot, thus having control of t h e s i g h t l i n e f r o m our home. If this proposal is acceptable to the members o f t e tWoaM of Appeals and Adjustments, we are willing to pay all su r v e y city filing costs. We of course would alter our rock garden at th e f r ' o f t o f o u r M I a n d : expect the Feldmann's to remove the boulders, r e s u l t i n g f r o m -excavation, from the back of their lot. This change keeps both homes within the requir e m e n t s o f t h e C i t y C o d e s . We have no desire to make their driveway a saf e t y h a z a r d o r t o d e t r a c t from their front yard. We also appreciate the need to grant this type o f v a r i a n c e w h e r e t h e r e is no rational alternative. We sincerely feel the proposed property line c h a n g e w o u l d b e a b e n e f i t to both homeowners involved. Sincerely, ae7 David Cronk BeverlS Cronk ACERNS - if the variance is granteds 1. SNOW REMOVAL the snow from their driveway would be p i l e d o n o u r p r o p e r t y . We cannot expect anyone to shovel all t h e s n o w t o o n e s i d e of a driveway. 2. DRAINAGE (EXHIBITS "B" & "C") please note the original plot plans of e a c h h o m e f i l e d w i t h the city. Their plot plan does not show t h a t t h e d r a i n a g e . from their driveway will be directe d o n t o o u r p r o p e r t y . T h e actual grade is quite steep. The propo s e d c h a n g e w o u l d a l l o w the runoff to flow onto their property a n d t h e n t o t h e s t r e e t . Since the existing water table in our a r e a i s v e r y n e a r t h e surface, correct grading and drainage i s a n a b s o l u t e n e c e s s i t y . 3. POSSIBLE PROPERTY DAMAGE since the owners will enter their driv e w a y f r o m t h e w e s t , there is the probability of cutting th e c o r n e r a n d d a m a g i n g our lawn. 4. PARKING since there is no other space available , t h e o w n e r s a n d t h e i r visitors park in front of our property . T h i s i s c o m p o u n d e d b y their short driveway and space needed fo r t h e i r b o a t . 5. OCCUPANCY Scott Feldmann, who works as a designer f o r T & E C o n s t r u c t i o n , • has stated that it is their intent to o c c u p y t h e h o m e f o r t w o years and then build again. This is a c o m m o n p r a c t i c e f o r p e o p l e in the field, however, as six year res i d e n c e o f H i d d e n P o n d s , it leaves us in an unsettling position. ..4t: 1q36, HISTORYi • In March and April, prior to occupancy, we approached our new neighbors with a request to change the property line thus allowing them ample room for their driveway. They stated that they were not going to put a driveway in for some time and there would be plenty of time to discuss it later. APRIL 22, 1983 To make sure that proper procedures were followed, we informed Wayne Sanders of the situation. (EXHIBIT "D") Wayne was extremely helpful and tried to contact the contractor to inform him of our • position. The possibility and procedures for such a property line change solution were orally discussed with Wayne at this time. MAY 11, 1983 The gravel for the driveway was placed directly on the lot line a t ..the 10 foot setback and over the lot line at the curb. (EXHIBIT " E " ) ' We talked to Feldmanns at that time and they still refused to d i s c u s s the Situation. We then called Wayne Sanders who contacted the contractor informi n g him again that they must have a variance before laying the drivew a y . ' As a result, the rock was moved over 10 feet at the 10 foot setba c k but only about 5 feet at the curb. • MAY 12, 1983 - Chris Eager verified that the ordinance is measured at the curb lin e , and it is appropriate to request that the ordinance be complied w i t h since there is a reasonable alternative. The possibility and procedures for such a property line change solution were orally submitted and discussed with Wayne Sanders, Chris Eager, Jean Johnson and Gene Deitz on this date. This dr t Viny does not crass over tke proper 'one between -14,e. cu r 10 and -the- se.) bank. 6.5 :1 a t-cra tcva 'proeer '11 Kne. EXHT ITT "A" P010 prer f y line. „AJI EXHIBIT "33" 9.e> • .” C•(•<*'` R :50 :"!144 • b. 0 Denotes iron monornen# Denotes wood stoke 1000.0 Denotes e x/5t/n9 eye-vat/on (0004) Denotes proposed elevo#,On Denotes cireet4on surlocc di -04'709e Proposed fop of Iooneohbr , e/evolion , 930.0 Proposeo' eporoge Poor eicrot,On • 929.5 Proposed lowest- floor elevation 926.0 • /"...,1 )11b09 vi m a 1--.. v... O;qg v--- B.M., lop of M C05 iinQ Pheosont nick Cu/-de -Soc , Elevation • 920.85 l'hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 3, Block 6, HIDDEN PONDS SECOND ADDITION. • And of the location of all buildings, if any thereon, and all visible encroachments, if any, from.or on said land. It also shows the location of the stakes as set for a proposed building. As surveyed by me this 18th day of March, 1577. 54,e,„t ilvo 1.41Cek Orrd• Sc....citeco- 7/K 7, or oh ip7 n 71( Ulet Wear.O 4-8".."..".rfo" • Thomas S. Dergquist Land Surveyor, Minn. Reg. No. 7725 r =32r-*7 A.7 ILA" • Certificate of. Survey for • .en.-xr /7. -n„ „ /0.92 873'.30( 02ov • 1 ..1W2.5)0 0 Den. Dies e'rog tno,Ace (92?-4) Denoles ex is, rs elev. fra3-1 Denotes proposed eler. ..-"" Denotes Sodoce cirmr,0,5= r9-2 1-70 Proposed bcsemeni ererobor7 '13I.0 I Proposed /"Poor elearton • Foray-, p,oposrd swas e elevation 020.3 (sin.2) (c'29.4) (9713.55) tz, b tY°51't.:.1:11 (930.57) • Vc (Fzs o () 40.0 /37.70 022g (Q3.0) (923.20 11 11 1; 14..?: v L. I FOR r et. Cons /rue /ion ICS a/ Descript idt7: tot 2, Block 6, Hidden Ponds Second Addit'ion i Hennepin Counly,Minnesofo • FA,...„22,0 T "C" Hansen Tho; p Pellinen, Inc. Co1.1toop (a?n•rell — Lord — Sot Pi••nnen 7•6q Rd .1 elsn 1'ov:to. Lln, 55344 1)4 GIG) %J? S4 G.A. ltd.. ktinowtehaa. 1.44. 1,5343 tip t,63 hereby certify thot this survey. prepared by me or under my diecCI SOO , vision, is a true and ( or fort rvpirsentation of the boundaries of the described lam J and of the location of all buildings, it any %hi:lean, and blo enuoachnients, if any, from or on said land and that I ant a d,.., fettistvied land surveyor under Slate of Minnesota Statutes Section 326 to 32G.10. Date 4'7/75' Registration No. •42.4i.*%117 Job No, q 2-15.f• v ou k n /4-70 Srate . c„FATT.332.2:, Dave & Bev Cronk 10895 Pheasant Circle Eden Prairie, MN 55344 April 22, 1903 934-3426 City of Eden Prairie Building Inspectors Office . • • Eden Prairie, KB 55344 ' Dear Sirs, We are raking a formal request of the building inspector. We request that he inform the builder and potential buyer of the home being built at* BIDDEN PONDS II Pheasant Circle Block 6 Lot 2 that there is a city ordinance that requires a driveway to be 10 feet from the lot line. We expect the city and the builder to comply with this ordinance. We ask that they be informed as soon as possible as they are planning to move in within 2 weeks. Sincerely, Bev Cronk XHIBIT "E" A.U.V:.1=Z:14:1151011G111011 Approved Minutes Board of Appeals and Adjustments - 6 - All MEMBERS PRESENT F. Request #83-23, submitted by Scott A Stephanie Feldmann, for . prop erty located at ISM Pheasant Circle. Lot 2, fleck 6. Hi den Pii-iE-TIFER-fiadir57E —The request is for a variance from City Code, Chapter 11, Sec. 11.03, Subd. 3, H . , 7 , t o ermit construction of a driveway within 1 foot of the p r o p e r t y l ine instead of the 10 feet between end of drivew a y r e t u r n a n d property line. Scott Feldmann, property owner at 18865 P h e a s a n t C i r c l e , presented his request. He stated that he i s r e q u e s t i n g a l' setback for the driveway at the proper t y l i n e . T h e r e a s o n for the variance request is to put in a st r a i g h t d r i v e w a y f r o m the garage to the cul-de-sac and to theref o r e a v e r t a p o t e n t i a l l y hazardous curve. Feldmann displayed exhibits pertaining to h i s v a r i a n c e , i n c l u d i n g the Certificate of Survey. Krueger asked what the ordinance said ab o u t t h i s r e q u e s t . J o h n s o n stated that it reads that the minimum dis t a n c e b e t w e e n t h e e n d o f the driveway return and the property line b e 1 0 ' . Feldmann commented that they have found i n e x c e s s o f 5 0 v i o l a t i o n s of that ordinance in Eden Prairie, most o f w h i c h a r e o n c u l - d e - s a c s . Beverly Cronk, 18895 Pheasant tircle, st a t e d t h a t h e r m a i n c o n c e r n was that of the slope that exists. The w a t e r t a b l e i s h i g h a n d s n o w will drain directly down to their lot. Fe l d m a n n a d d e d t h a t t h e r e w i l l not be a great impact on the area, as a sw a l e d o e s e x i s t . John Skare, 18860 Deerfield Trail, stated t h a t h i s p r o p e r t y i s directly behind Feldmanns. His concern i s w i t h t h e C r o n k s a n d that they have room for removal of snow a n d f o r t h e i r m a i l b o x . David Cronk, 18895 Pheasant Circle, poin t e d o u t t h a t F e l d m a n n c a r s are parked on their property. Dirt has a l s o b e e n p i l e d o n t h e i r lawn due to construction. If the request w e r e a p p r o v e d , t h e y w o u l d be losing what they felt was a front por t i o n o f t h e i r p r o p e r t y . Stephanie Feldmann, 18865 Pheasant Circle , n o t e d t h a t t h e d a m a g e done to Cranks yard was minimal. They don ' t h a v e c o n t r o l o v e r h o w their builder excavates. They plan on lay i n g s o d o r r e p l a c i n g t h e grass. Anderson asked why Feldmann was not inter e s t e d i n a t r a d e o f l a n d with the Cronks. Feldmann responded that h e f e l t t h a t i t w a s a n irrevelent issue. He cannot afford to in c u r t h e c o s t s i n v o l v e d i n retitling, plat plans and legal fees. Th e s i t e p l a n w a s a p p r o v e d by the City. They do not want to lose an y p r o p e r t y . Anderson inquired if he was aware at the t i m e t h e h o m e w a s b u i l t that the driveway would have to go in the c e n t e r . F e l d m a n n r e p l i e d no, his builder was not aware of the ordin a n c e . David Cronk stated that they would be wil l i n g t o p a y all expenses July 14, 1983 telQ Board of Appeals . and AdjUstments 7 July 14, 1983 for a land division. Feld m a n n s t a t e d t h a t h e w a s n o t i n t e r e s t e d In talking about property d i v i s i o n . H e d e s i g n e d t h e h o u s e t o f i t the lot per the survey, a n d h e s h o u l d n ' t b e p e n a l i z e d t o s e l l property to achieve a saf e c o n d i t i o n o n t h e d r i v e w a y . . Anderson stated that he h a d a p r o b l e m a p p r o v i n g t h e v a r i a n c e . T h e r e are two or three available alternatives. Sandvick asked why the Cr o n k s a n d t h e F e l d m a n n s h a d n ' t g o t t e n together. Beverly Cronk r e p l i e d t h a t t h e y h a d t r i e d . Dickey suggested that mor e t h o u g h t b e g i v e n t o t h e s i t u a t i o n a n d return next month with th e v a r i a n c e : F e l d m a n n r e p l i e d t h a t h e wanted it dealt with now. Sandvick asked if there w a s a n y t h i n g d r a w n u p b y C r o n k ' s l a w y e r that we should know about t h i s e v e n i n g r e g a r d i n g a n y v a r i a t i o n of the variance. Beverly C r o n k s t a t e d t h a t t h e s o l e r e a s o n f o r the papers was to activat e t h e H o m e o w n e r ' s A s s o c i a t i o n o f H i d d e n Ponds. MOTION: Lynch made a mot i o n t o d e n y V a r i a n c e R e q u e s t #83-23, submitted by Scot t & S t e p h a n i e F e l d m a n n with the following findin g s : 1) Undue hIrdship unique to t h i s p a r c e l h a s not been demonstrated. 2) Approval would not be in k e e p i n g w i t h t h e intent of the code, but w o u l d b e d i s r u p t i v e to immediate properties. Anderson seconded the mot i o n . S a n d v i c k v o t e d n a y , with Dickey abstaining. M o t i o n c a r r i e d . T h i s r e - quest can be appealed to t h e C i t y C o u n c i l . III. OLD BUSINESS Dickey questioned damage d o n e t o t h e o a k t r e e o n t h e p r o p e r t y o f Richard Hipp. Dickey tal k e d t o t h e C i t y F o r e s t e r a n d w a s t o l d damage had occurred. John s o n s t a t e d t h a t i t c o u l d b e r e p a i r e d b y trimming the crown and mo v i n g t h e d i r t . Johnson stated that Apple s i d e h a d p u t u p s o m e s i g n s . T h e p r o c e s s h a s been started in taking th e s i g n s d o w n . T h e c o d e r e q u i r e s t h a t w e g i v e them a 30 day notice. The S t a t e H i g h w a y D e p a r t m e n t h a s g i v e n t h e m a 60 day notice. IV. NEW BUSINESS None V. ADJOURNMENT Sandvick moved, seconded b y L y n c h , t o a d j o u r n the meeting at 9:25 PM. Motion carried unanimousl y . iqq D. BURGER KING RESTAURANTS. Request for Zoning District Change from Community Commercial to Highway Commercial for a restaurant. Location: Southeast quadrant of State Highway #5 and County Road #4. A public meeting. Mr. Dave Sellegren, Larkin & Hoffman, representing Burger King, reviewed the site features and the relationships of the use with the surrounding properties and uses. Mr. Sellegren stated that, in terms of traffic, Burger King servies as a receptacle function. People going to Burger King are on their way to somewhere else. Also, their peak hour was the lunch hour, not the morning or evening peak traffic hours. He added that the proposed traffic access situation was essentially the same as that approved for the previous proposal on this site, with the exception of the westerly access, which had been moved further south along County Road #4. Mr. Sellegren stated that proponents would comply with the requested changes to the landscape plan and site plan listed in the Staff Report of August 5, 1983, regarding the parking and loading areas and the landscaped strip along County Road #4. Also, he pointed out that the rooftop mechanical equipment would be screened by the parapet on top of the building. Mr. Sellegren added that proponents had no objection to zoning only that portion of the site which Burger King would occupy, leaving the remaining portion as is. Regarding the private road belonging to E. A. Sheen along the south property line of Burger King, Mr. Sellegren stated that they, along with E. A. Sheen representatives and representatives of Birchwood Labs were working out the access considerations at this time. He stated that it appeared as if all parties would be satisfied with the outcome of the arrangement. Final details of the road were being discussed with City Engineering Staff at this time. Mr. Sellegren stated that proponents would not like to eliminate the right-out access from the project. He referred to the letter from the Minnesota Department of Transportation (MNDOT) letter of August 8, 1983, which stated that they would not object to the access. Torjesen asked whether the letter from MNDOT had any influence upon the Staff recommendation to eliminate any access to Highway #5. Staff stated that the reco=endation to eliminate the access would stand, inspite of MNDOT recnnvendations as it was felt to be a safer situation without the access to Highway t5. Gartner stated that she felt strongly that there should not be an access to Highway #5 for safety purposes. Planning Commission Minutes 9 August 8, im Marhula asked how this site related to the Burger King site on Louisiana Avenue in St. Louis Park. Dennis Trisler, Burger King, stated that this site was smaller by 20 parking spaces and by approximately 800 sq. ft. Torjesen asked how the exit would be controlled. Jim Benschoof, traffic consultant for proponent, stated that a "stop" sign would be located at the intersection with Highway #5. He added that MNDOT had suggested that the driveway be realigned to be at an acute angle, less than 90 degrees, which would locate the access further to the east along Highway #5. Torjesen stated that if poor soils of the site to the east were compelling, then the City could not use the option of frontage roads along Highway #5 for ingress/egress. Chairman Bearman stated that he did not feel the letter from MDT was clear as to the acceptability of the proposed access to Highway #5 from this site. Mr. Benschoof stated that the realignment of the driveway in an easterly direction would locate the access to Highway #5 further away from the acceleration lane for County Road f4 access to Highway #5, thereby creating a safer situation. Hallett asked if Terrey Pine Drive would be aligned with this access road. Staff stated that it would be. Marhula pointed out that MNDOT reserves the right, in the event that a traffic hazard would develop, to cancel the access to Highway #5. He asked proponent how important the access to Highway #5 was to their development. Mr. .Trisler stated that, in their opinion, it was very important. He stated that traffic would not have easy access to the site from the west without a right-in situation off Highway #5. It was their opinion that providing the right-out onto Highway #5 would allow their customers some flexibility in terms of circulation through the site. Marhula asked about the purpose of the flood lights shown on the roof of the structure. Mr. Sellegren stated that they would be for lighting of the structure and signage, only, not the parking lot. The parking lot lighting would be via light standards with cut-off luminars. Hallett stated that he recalled that the E. A. Sween project proposed a security fence at the east end of the private access road. He asked how emergency vehicles would access the site after hours. Staff responded that the fence would run over by the emergency vehicle, if necessary. Hallett asked about the pedestrian system for the site. Staff explained that access from City trails was available from the north and south; however, access from the east and west along Highway #5 IALICp Planning Commission Minutes 10 August 8, 1933 was not available. Ann Renow, 16316 Lincoln Lane, stated that she felt a facility should be built on this site that would service the community only, not the surrounding communities. Her concerns were with respect to traffic. She asked when County Road #4 was scheduled for upgrading. Mr. Benschoof stated that the County told him it would be upgraded at the same time as Highway #5 in this area. Ms. Renow suggested that a "stop" sign be located behind the bike trail along the west property line to give some warning to the vehicles that there may be someone walking or bikeriding across their path. Dick Putnam, Tandem Corporation, representing Birchwood Labs, stated that the access situation from the private drive owned by E. A. Sween appeared to be working out to the satisfaction of his client, as well. He added that the utilities questions for the road were being worked on at this time. Mr. Putnam stated that Birchwood Labs had no objections to the Burger King proposal. MOTION Motion was made by Marhula, seconded by Hallett, to recommend approval of the rezoning from Community Comercial to Highway Commercial subject to the recommendations of the Staff Report dated August 5, 1983, with the following additions and amendments: Item If should read: "Allowing the access to Highway #5 based on revised plans as discussed at the Planning Commission meeting of August 8, 1983, including an acute angle for the driveway access to Highway t5;" adding item lh to read: "Proponent and City Staff shall study the need for sidewalk connections to the existing sidewalks and sidewalks along the south boundary of the site to service the properties to the east;" adding item 2h to read: "Proponent shall provide documented proof of the right of use of the private access road along the south boundary of the property, currently owned by E. A. Sween;" and, adding item 2i to read: "A 'stop' sign shall be located east of the bike path along the hest boundary of the site." Motion carried--4-0-1 (Gartner against) flit, no • •••••••e• Minnesota Department of Transportation Diswict 5 2055 No. Lilac Drive Golden Valley, Minnesota 55422 August 12, 1983 (612) 545.3761 Mr. Chris Edger, Director of Planning City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 In Reply Refer To: 315 S.P. 2701 T.H. 5 Plat review of proposed Burger King Development located in the S.E. quadrant of T.H. 5 & CSAH 4 in part of the SE quarter of the SE quarter of Sec. 8 & the NE quarter of NE quarter of Sec. 16, Twsp. 116, Range 22, in City of Eden Prairie, Hennepin County. Dear Mr. Edger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: This plat has been reviewed by members of my staff and consents were sent to Mr. Steve Sullivan of your staff on August 8. The north boundary of the plat as shown does not agree with our existing right of way line. Our District Right of Way Engineer, Mr. Earl Howe, has contacted Burger King Corporation informing them of this problem. To clear up this problem, the developer should dedicate the area in question to the public for road purposes. If you have any questions in regard to this review please contact Evan Green at 545-3761, extension 119. Thank you for your cooperation in this matter. Sincerely, W M Crawford, P.E. District Engineer cc: Mr. Gerald Isaacs Metropolitan Council 301 Metro Square Bid g 7th & Robert Streets St. PaulA4 55101 Mr. I.Uke Rieter Hennepin County Surveyor's Office Hennepin County Government Center 300 So. 6th St. - A-703 A Lodi Oppor tun, i;j6P,L46.91 s , MN 554E3 ilOFFMAN, DALY & LINDOWES, LTD. ATTORNEYS AT LAW 1500 NORTNINCSTERN rtN•NCIAL CCNTEIT 0900 AERxE5 AvENut SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE , 612 835 -3800 TELECOPIER No •612 835 -5102 FEDERAL APACTIcE 11.1714E45414 1.44414. MCCARTHY, NOEL 'ALA SUITE 010 1301 PE 445,44414 N 1700 1117ST 0444 4,42E AvEsT 120 SOUTH 5.870 5706E7 84144,417 0105. MINNESOTA 55402 TELLANONE 0.2` 330 6610 wASNINGION DC. 20004 TELEPHONE 702. 737.1000 ..... n •••AIN •opeNT L .01.1,1•0. J•CA O•L• o 0/....450141 ...Of 1.4 • •MV(PSON Gf r •A 1.044f•- Vom.11.0C. •c ia... mp.....,G•N •00. Or J. .C.t• • S t ...C•SON CAM•Of Orr,COLL J•Nt • • P.N., JO.. • ...VC. C PG•thi .01It•r ..4•Pf 1.1.C.••13 .C.SCIrct. C.A•4 C. S. MODELL OA.Art. • J € O.. • .1t•r•PE 1104•••[. .040NON ( € .6r. L. NC .C.GOIA L.NOA ISove• • brOONAN •ttvt. G. LEVIN • •. CA. JON 11.•114.1.0.••. N.C•••t n ....431.14..(11 1.0.4•14 •CHILIAC.1 I 4.•C•f 1.014.1.6 .4 O J aw" • Ow.. N.C.... C KM • td 441.• c401,4 °Awe. 171,6,•10 Jr4ONL A 'coop • •ArirmaN EAT., GOD,. J OSE... c.latt. •NO•I 0•P.O G .04,ct• J O.. • COA...• .1.0“1:14 0,4 00.1•LO •••Oct , . • aOr... .4 Lp JON • ONAN •LA.tr.C- 1.•1.N. • PLO...Art SI.J504. P •V••N t 111•91.t• AMY GO•07 •L•N ...LOOP/ • 67.40. N•00., ...414.0••n •ON Or covh•El. JOSt•. •I•tStONIC July 14, 1983 Carl Jullie, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Jullie: We are attorneys for Burger King Corporation. In the past several months Burger King Corporation has consulted with City staff regarding a proposed Burger King restaurant at the southeast corner of the intersection of County Road 4 and TH-5 (the Site). In the course of these discussions, we have been advised by City staff and Hennepin County that there should be no direct access to the Site from County Road 4. Right to access to County Road 4 has not been acquired by the County. The purpose of this letter is to inform you that Burger King wishes access to County Road 4 in 1983. Both the County and the City have suggested to Burger King that the optimum access point is by way of the currently private road that serves the E. A. Sween (Sween) property on the east side of County Road 4. Following City staff suggestions, Burger King has approached Sween about arrangements for access but has not received any commitments. It is my understanding that the City is in the process of reviewing a development proposed by Sween regarding its property. It is my further understanding that the City has certain expectations with respect to Sween's provision of public access to County Road 4. Moreover, in a Developer's Agreement dated July 19, 1979, Stewart Infra-Red Commissary of Minnesota, Inc., contractually committed to a development plan for the Sween property that contained a public road connecting Fuller Road 0119 LAM( IN, 1101'1'MAN. DALY & LINDGI2EN. LTD Carl Jullie, City Manager July 13, 1983 Page Two to County Road 4 in the location of the present road. I request that the City take this opportunity in its review of the Sween proposal to address the access needs for the Site. If satisfactory provision of access via the Sween road cannot be provided, Burger King will have to have direct access to County Road 4. Thank you for your consideration in this matter. If you have any questions, please feel free to contact me at 835-3800. Sincerely, David C. Sellergren, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. sjg cc: Chris Enger Burger King Corporation Attn: Dennis Trisler James Benshoof Richard Putnam 1950 I AP, 191..1 ()p ;..• n 1,1,1pio n ti • . ERG:bn Ic15 Evan R. Green Project Manager cc: Bensboof and Associates - Minnesota Department of Transportation District Five 5801 Duluth Street Golden Valley, Minnesota 55422 August 8, 1983 16121 54:; 3761 Mr. Steve Sullivan City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 SP 2701 T.H. 5 Review of proposed Burger King Development located in the southeast quadrant of TH 5 and CSAH 4 — Plat Review Dear Steve: We have not completed our plat review of the above referenced development. I am however, sending you our comments available as of this date in order that they may be considered at your planning commission meeting. I am also sending a copy of this letter to Benshoof and Associates for thier information. We offer the following comments for consideration: — As you know, we are just beginning to study widening of TH 5 through this area. It is too early to determine exactly how these plans might affect this development. However, as TM 5 is upgraded our preference is to restrict direct access in this area. It is our understanding that access will be provided via CSAH 4 and the private road adjacent to the south property line. — Benshoof and Associates has submitted a traffic analysis for this site which recommends a right turn onto TM 5. Given the existing conditions, Mn/DOT would approve the proposed entrance. However, as plans for TM 5 are developed, we will have to determine if it is possible to leave the entrance inplace when TH 5 is widened. - — The plat indicates a portion of the property will be left undeveloped. We would have a concern if additional traffic is generated and added to the proposed TM 5 entrance. If you have any questions in regard to this review, please feel free to contact me. Sincerely, I N Sincerely, (1 1 /6 - James M. Mold, P.E. - Chief, Planning and Programming HENNEPIN COUNTY 195), onegvolopponunItyamployer HENNEPIN DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 August 8, 1983 s•••n• .111•n• Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - "Burger King Restaurant" CSAH 4 SE Quadrant of TH 5 Section 17, Township 116, Range 22 Hennepin County Plat No. 1113 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 channelization of CSAB 4 and to allow room for a detached bike path the developer should dedicate an additional 12 feet of right of way making the right of way 52 feet from the center of CSAH 4. -Because future improvements to CSAH 4 include nedian, the concept of no direct access to CSAH 4 is acceptable to Hennepin County. All access must be via ex- isting street along the south property line or TH 5, if approved by Mn/DOT. -Since the plat abutts TH 5, it must receive full Mn/DOT approval. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limit- ed 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 !es Weigelt. 31111/1.Mi: pl STAFF REPORT TO: FROM: TROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Commission Stephen Sullivan, Assistant City Planner Chris Enger, Director of Planning August 5, 1983 Burger King Restaurant Southeast quadrant of State Highway #5 and County Road #4 Burger King Corporation American Oil Company Zoning District change from C-Corn to Highway Commercial on 2.15 acres for a restaurant Background The Guide Plan depicts the property as industrial. The parcel was reviewed in 1981 for a service station land use. It was given first reading for Highway Commercial zoning, subject to the development meeting access restrictions. The developer chose not to proceed, so the second reading was denied. Existing_Site Character The site is bordered to the south and east by the E. A. Sween industrial complex, to the north by Highway #5, and to the west by County Road #4 and a SuperAmerica service station. North of Highway #5 a Planned Unit Development was approved in 1980 for mixed residential and commercial land uses. The site drains from the southwest to the northeast along 5-25% slopes to a drainage ditch along Highway #5. There is an eight foot wide City bituminous trail on an easement along the west side of the site. Elm, willow, and boxelder saplings are scattered throughout the site. A majority of the parcel is in meadow grasses. Ordinance Requirements The project meets or exceed the minimum City Code requirements for minimum lot size, lot width, lot depth, front yard setback, side yard setback, rear yard setback, floor area ratio, and height of structure. The proposal does not meet the five-acre zoning district minimum for the C-Highway Commercial district, however. The required number of parking stalls for the proposed restaurant is 20, based on one stall for every three seats. The proposal indicates 64 spaces. Evaluation of the submitted landscape plan indicates insufficient screen i n g f o r m both Highway #5 and County Road #4 to the parking lot and drive-through a r e a . T h e proposal relies upon deciduous understory and shrub masses between the par k i n g l o t and Highway #5. Staff recommends additional evergreen plat material and/or b e r m i n g be added in this area. A 15 ft. wide green space is proposed along County R o a d t 4 from the existing bike trail to the drive-through lane. A double row of d e c i d u o u s shurbs, several deciduous overstory trees, and a transformer are planned wi t h i n t h i s strip. Staff recommends that the entire site plan be shifted to the east, p r o v i d i n g additional landscape area for berms and evergreen plant material between Co u n t y R o a d #4 and the drive-through lane. The building and parking are planned on the most westerly 193 ft. of th e p a r c e l . Along the most easterly 144 ft. of the property is a 3/4 acre parcel, pr o p o s e d t o remain undeveloped. The size of the vacant parcel meets the minimum l o t s i z e requirements for an additional Highway Commercial land use adjacent to th e p r o p o s e d Burger King site. Staff recommends that the zoning requested for the enti r e s i t e b e reduced to the Burger King Restaurant. Deliveries to the restaurant will be taken through a walk-in door locat e d o n t h e south side of the building. Delivery vehicles will park within the parkin g l o t w h e n servicing the restaurant. The trash receptacl^s are enclosed by a 7-10 ft. wall with the service gates l o c a t e d on the south exposure. The proponent has not submitted information regarding the screening of the r o o f t o p mechanical. Site Plan The easterly one-quarter of the site will be undisturbed by developm e n t . T h e remaining portion of the site will be graded with slopes averaging 5%. T h e s o i l s are conducive for development. Storm water is proposed to flow overland to a catch basin located in the s o u t h a n d north areas of the parking lot, where it is then piped to the drainage dit c h a l o n g Highway #5. Water service will tie to an existing 16 inch main located on t h e w e s t side of County Road t4. Sanitary sewer will link to an interceptor line, w h i c h r u n s adjacent to Highway #5. The exterior finish for the structure is a combination of brick, glazin g, and wood. The amount of exterior wood on the east and south exposures exceeds the 25 % m a x i m u m coverage. This should be revised to conform with City Code. The proposal is for one, double-faced, free-standing sign with an additiona l s i g n o n the mansard roof located on the south exposure of the structure. The free - s t a n d i n g sign shall not exceed 80 sq. ft., 20 ft. maximum height and one foot betwe e n f a c e s . The mansard sign shall be lower than the roof line and cannot exceed 15% o f t h e w a l l space. any signage located above the roof line on the mansard is rega r d e d a s a rooftop sign and is not permitted. 2 lq /314 Transportation Access to the parcel is from Highway #5 and County Road #4. The development plan depicts the south access linking to an existing private drive belonging to the E. A. Sween Company. E. A. Sween was reviewed and recommended for approval by the Planning Commission for a corporate office building, subject to a mutual agreement between the City, Minnesota Department of Transportation, Hennepin County Department of Transportation, Birch Labs, and Burger King for acces to these sites from a revised road section located south of the proposal. The second access is from Highway #5. The Minnesota Department of Transportation (MNDOT) has advised Staff regarding the conflicts associated with this access. Preliminary design of the Highway #5 improvement has eliminated five private access drives off the highway east of the proposal. The best situation to preserve traffic capacity on Highway #5 is to eliminate private drives and concentrate access at the major intersections. The right-in, right-out access is approximately 275 ft. east of the Highway County Road #4 intersection, which would introduce a sharp weave movement from east bound Highway #5 into the site with the free right turn from County Road #4. The right- out from Burger King would conflict with the free right turn and acceleration lane from County Road #4 onto Highway #5. RECOMMENDATIONS Staff recommends approval of the Zoning District change from C-Corn to C-Highway for a Burger King Restaurant subject to the proponent meeting the following conditions: 1. Prior to City Council, the proponent shall: a. Submit a revised landscaping plan to the Planning Department, which screens all parking, loading, and mechanical areas. b. Revise the site plan, widening the 15 ft. landscaped strip along County Road #4 providing additional area for screening of the drive- through lane, transformer, and parking lot. c. Provide detailed information to the Planning Department regarding the screening of the rooftop mechanical. d. Submit a metes and bounds legal description to the Planning Department for a revised zone reflecting the current proposed site plan only. e. Revise the site plan, illustrating the alignment and type of road proposed and agreed upon south of the parcel. f. Revise the site plan deleting the right-in, right-out access to Highway #5. 9. Submit the signage program to the Planning Department for final review and approval. All signage shall conform to City Code requirements. 2. Prior to building permit issuance, the proponent shall: a. Submit detailed water, sanitary and storm sewer Engineering Department for review and approval. information to the b. Receive from the Board of Appeals approval for the ex t e r i o r w o o d coverage exceeding the 25% zoning district minimum, or r e v i s e t h e site plan reflecting compliance with City Code requireme n t s . C. Receive an access permit from Hennepin County. d. Receive a drainage permit from MNDOT. e. Receive a Metro Sewer Interceptor connection permit. f. Receive Watershed District approval. g. Pay the Cash Park Fee. BURGER KING RESTAURANT REZONING APPLICATION The text material below is submitted in fulfillment of the submission requirements set forth by the City of Eden Prairie pursuant to Zoning Ordinance 135. 1. Existing Land Use. The site is currently undeveloped and not put to any use. The existing and proposed land uses for the TH-5/CR-4 intersection are a mix of commercial, office, and industrial uses. The surrounding uses are noted below: West: Convenience store and retail gas station; clinic south of gas station. Land Use Designation: office. Northwest: Neighborhood shopping center, Prairie Village Mall. Land Use Designation: community commercial. North: Gonyea PUD; mixed use PUD approved in 1980 (with extensions) for duplexes, elderly housing, offices and restaurant uses. Land Use Designation: medium density residential, low density residential, open space. East: Industrial Use, E.A. Sween Co. Land Use Designation: industrial. South: Industrial Use, E.A. Sween Co. Land Use Designation: industrial. 2 The City Guide Plan designates this site industrial. This rezoning request is accompanied by a request to amend the City Guide Plan land use designation from industrial to • community commercial. This proposed change is consistent with the City Guide Plan framework and policy. 3. The site is currently zoned PS, Planned Study. This request is to rezone the site to C-Hwy, Highway Commercial. In 1981, Standard Oil proposed to rezone the site from PS to C-Hwy to construct a service station. The rezoning request for 1.2 acres of the site for a service station was approved by the Planning Commission and City Council subject to conditions. The site was subsequently not developed and the zoning reverted to the current PS zoning classification. September 6, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION R83-209 WHEREAS, the City of Eden Prairie has a certain, utility easement described as follows: Sanitary Sewer Easement on Lot 4, Block 1 Prairie East 4th Addition WHEREAS, a public hearing was held on September 6, 1983,after due notice was published and posted as required by law; WHEREAS, the public utility companies, namely Northwestern Bell, Minnegasco and Northern States Power have indicated no interest in said utility easement; and WHEREAS, it has been determined that the said easement is not necessary and has no interest to the public, therefore, should be vacated. NOW THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1; Said utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordancc dith M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on September 6, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk September 6, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-210 WHEREAS, the City of Eden Prairie has a certain.utility ease m e n t described as follows: Easements along the •property line on Lot 8, Block 1 Edenvale 1 4 t h WHEREAS, a public hearing was held on September 6, 1983, afte r d u e notice was published and posted as required by law; WHEREAS, the public utility companies, !lamely Northwestern B e l l , Minnegasco and Northern States Power have indicated no inter e s t i n s a i d utility easement; and WHEREAS, it has been determined that the said easement is not necessary and has no interest to the public, therefore, should b e v a c a t e d . NOW THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on September 6, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk September 6, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-211 WHEREAS, the City of Eden Prairie has a certain u t i l i t y e a s e m e n t described as follows: Easements along the property line on Lot 2, Bloc k 2 C r e e k v i e w E s t a t e s . WHEREAS, a public hearing was held -on September 6, 1983,after due notice was published and posted as required by l a w ; WHEREAS, the public utility companies, namely No r t h w e s t e r n B e l l , Minnegasco and Northern States Power have indica t e d n o i n t e r e s t i n s a i d utility easement; and WHEREAS, it has been determined that the said e a s e m e n t i s n o t necessary and has no interest to the public, the r e f o r e , s h o u l d b e v a c a t e d . NOW THEREFORE, BE IT RESOLVED by the Eden Prair i e C i t y C o u n c i l as follows: 1, Said utility easement as above described is h e r e b y v a c a t e d . 2. The City Clerk shall prepare a notice of comp l e t i o n o f t h e proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on Sept e m b e r 6 , 1 9 8 3 . WoThang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 1960 IcUnl 1 "lease fill out in Duplicate ) Fee Code 303.61* APPLICATION NO. Investigating Fee Code 307.37 DATE RECEIVED BY 0.) CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 APPLICATION FOR ON-SALE OR SPECIAL • CLUB INTOXICATING LIQUOR LICENSE $ S60 00 Zei t'6 8g4/60 7 -1 (i -13 License Period Ending December 31, 19 83 1 M. E. Eakin , as officer Flame of person making applicationr (Individual owner, officer, or partner) for and in behalf of LMS, Inc. (Myself, names of partners, name of corporation or association) *by submit this application for a on-sale liauor and on-sale Sunday_liquor (On-Sale or Special CluE) Intoxicating Liquor License for the (Name of restaurant, hotel or club) at 213B Eden Prairie Center, Eden Praire, (Street Address) Minnesota 55344 1-gtNATURE OF PERSON MAKING APPLICATION) President (TITLE) June 30 , 1983 (DATE) Vol September 2, 1983 TO: Captian Wall FROM: Litutenant Bridger SUBJECT: LIQUOR LICENSE APPLICATION We have completed the record checks and background investigation of al l t h e p r i n c i p a l s listed on the application submitted by the new owners of the Fiddler's D e l i a n d L o u n g e , Incorporated. There is no apparent reason for our police division to recommend deni a l o f a l i q u o r license for this establishment. Listed below are the agencies and pe r s o n s c o n t a c t e d to obtain background and character reference data. Alcohol, Tabacco and Special Taxes Albany, Georgia Police Department Atlanta, Georgia Police Department Bureau of Alcohol, Tabacco and Firearms Bureau of Criminal Apprehension - Contraband Bureau of Criminal Apprehension - 0.C.I.U. Bureau of Criminal Apprehension - Records Cleveland, Ohio Police Department Dane County Sheriff's Office, Madison, Wisconsin Drug Enforcement Administration Department of Corrections Eau Clairie, Wisconsin Police Department Eden Prairie Department of Public Safety Federal Bureau of Investigation Hennepin County Sheriff's Office Madison, Wisconsin Police Department McFarland, Wisconsin Police Department Minneapolis Police Department Minnesota Attorney Generals Office Minnesota Department of Revenue Minnesota Liquor Control Menona, Wisconsin Police Department New York, New York Police Department Ramsey County sheriff's Office Rochester Police Department United States Post Office United States Secret Service Affidavits of Good Character: Mr. Avron Gordon Mr. Carl Nelson Mr. John Troyer 4016 Ensign Avenue North 18625 - 26th Avenue North 5313 West 60th Street New Hope, MN 55427 Plymouth,. MN 55402 Minneapolis, MN 55436 ITEMBER 6,1983 8952 VOID OUT CHECK 9310 WESTERN LIFE INSURANCE CO 9311 PHYSICIANS HEALTH PLAN INC 9312 BLUE CROSS INSURANCE 9313 MEDCENTER HEALTH PLAN 9314 GROUP HEALTH PLAN INC 9315 NICOLLET EITEL HEALTH 9316 LANCE ENTERPRISES 9317 MINNESOTA U C FUND 9318 BEER WHOLESALERS INC 9319 ICOBO 9320 DANA GIBBS 9321 EAGLE WINE CO 9322 ED PHILLIPS & SONS CO 9323 PAUSTIS & SONS 9324 GRIGGS COOPER & CO INC 9325 OLD PEORIA COMPANY INC 9326 JOHNSON BROTHERS WHOLESALE 9327 PETTY CASH 9328 BETTY WARNER 9329 JEANNE SMITH 9330 MINNESOTA ICE ARENA 9331 STATE FIRE CHIEFS CONFERENCE 32 BUD BJORNARAA .,33 VOID OUT CHECK 9334 UNIVERSITY OF MINNESOTA 9335 MADELINE L SHULTZ 9336 LIGHTNING TRUCKING 9337 PRIOR WINE CO 9338 INTERCONTINENTAL PCKG CO 9339 ED PHILLIPS & SONS CO 9340 EAGLE WINE CO 9341 GRIGGS COOPER & CO INC 9342 JOHNSON BROTHERS WHOLESALE 9343 OLD PEORIA COMPANY INC 9344 FEDERAL RESERVE BANK 9345 COMMISSIONER OF REVENUE 9346 DEPARTMENT OF EMPLOYEE RELTNS 9347 COMMISSIONER OF REVENUE 9348 COMMISSIONER OF REVENUE 9349 DANNY FLEISHER 9350 HENNEPIN COUNTY CHIEFS OF POLICE 9351 I CMA • 9352 MINNESOTA ASSOC OF ASSESSING 9353 MINNESOTA STATE RETIREMENT 9354 AETNA LIFE INSURANCE 9355 GREAT WEST LIFE ASSURANCE 9356 UNITED WAY OF MINNEAPOLIS '57 PERA „..68 PETTY CASH 9359 SUBURBAN NATIONAL BANK 9360 STATE AGENCY REVOLVING FUND 9361 ED GREGORY 9362 NICOLLET EITEL HEALTH PLAN 9363 NORWEST BANK OF HOPKINS 385.50- 618.11 13981.81 962.23 3275.60 1817.52 584.15 198.50 12.84 1995.55 15.00 65.00 351.31 2988.19 132.63 2286.34 871.87 , 677.34 10.00 25.00 15.00 180.00 160.00 ; 50.00 0.00 10.00 160000.03 9.60 102.43 300.21 4199.14 247.83 2592.23 1559.11 1914.11 16473.49 9308.10 23153.34 5430.04 13621.24 9.31 220.00 19.50 ! 70.00 65.00 108.00 ' 2917.00 ; 71.50 ! 14466.(R ! 62.96 37.50 ! 112.11.1 264.00 584.1!, 900.00 INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE TRANSFORMERS-COMMUNITY CENTER PAYROLL BEER BUILDING INSPECTORS CERTIFICATION PACKET DELIVERY WINE LIQUOR WINE LIQUOR LIQUOR LIQUOR POSTAGE REFUND-EXERCISE CLASSES REFUND-EXERCISE CLASSES CONFERENCE-COMMUNITY CENTER CONFERENCE-FIRE DEPT WEIGHT TRAINING CLINIC-POLICE DEPT CONFERENCE-ASSESSING DEPT LAND PURCHASED FREIGHT CHARGES-LIQUOR STORES WINE WINE LIQUOR WINE LIQUOR LIQUOR LIQUOR PAYROLL 8/19/83 PAYROLL 8/19/83 PAYROLL 8/19/83 1/2 JUNE SALES TAX JULY SALES TAX REFUND-KARATE CLASSES CONFERENCE-POLICE DEPT BOOK-MANAGER CONFERENCE-ASSESSING DEPT PAYROLL 8/19/83 PAYROLL 8/19/83 PAYROLL 8/19/83 PAYROLL 8/19/83 PAYROLL 8/19/83 EXPENSES PAYROLL 8/19/83 PAYROLL 8/19/83 SOFTBALL OFFICIAL/FEES PAID INSURANCE PAYROLL 8/19/83 Ii)/ '7 9364 INSTY PRINTS 9° DIRECTOR OF PROPERTY TAX 9- YOU AND ME BABY 9367 LAKELAND POLICE DEPT 9368 KEYE PRODUCTIVITY CENTER 9369 MINNESOTA DEPT OF TRANSPORT 9370 WINCOM INC 9371 HOPKINS POSTMASTER 9372 STATE DISTILLERS INC 9373 JOHNSON BROTHERS WHOLESALE 9374 EAGLE WINE CO 9375 MARK VII SALES INC 9376 GRIGGS COOPER & CO INC 9377 OLD PEORIA COMPANY INC 9378 ED PHILLIPS & SONS CO 9379 TWIN CITY WINE CO 9380 JACK HACKING LAURA ANDERSON DAN ASZMANN ANDY BENKOVIC MONICA BERGENBRING JENIFER CONWAY JULIE DALTON MIKE DARTT BRIDGETTE DENARDO JON EIDE KIM ERICKSON AMANDA FREE BETH G1LDERHUS LAURIE GILK JASON HALLONQUIST DEBBIE HEGGE KRISTIE HORN JENNIFER JANDL GREG JOHNSON SUSIE JOHNSON JENNY LILLIE TOM LESLIE CHRIS MEULLER MELODY NELSON BRAD NEWMAN WADE OWENS ANY PALORANTA JESSICA PERRY ANN PETERSON JENNY PETERSON SHANNON PETERSON SHELLEY PETERSON CRAIG ROGERS SCOTT ROGERS GAIL SANDERS MATT SAUER STEPHANIE SCHUFT PRINTING-SENIOR CITIZENS 1ST HALF OF PROPERTY TAXES-OUTLOT B CONFERENCE-COMMUNITY CENTER CONFERENCE-POLICE DEPT CONFERENCE-ENGINEERING DEPT STATE MANUALS-ENGINEERING DEPT MANUAL-DEFENSIVE POLICE TACTICS POSTAGE-SENIOR CITIZENS LIQUOR • LIQUOR WINE WINE LIQUOR LIQUOR LIQUOR WINE -CANINE TRIALS-S1500.00 DONATED BY EDEN PRAIRIE CRIME PREVENTION FUND WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM 79.07 3696.10 175.00 90.00 96.00 60.00 14.45 27.38 2928.05 991.16 425.82 421.03 2961.38 3362.33 2346.83 792.12 2138.00 34.40 31.20 31.20 35.60 1.20 56.00 24.00 16.00 19.20 26.40 23.60 28.80 28.80 19.20 21.60 21.60 50.40 1.20 16.00 38.80 44.80 9.60 42.40 24.00 33.60 44.00 31.60 48.80 25.20 26.40 26.40 16.80 26.40 26.40 7.20 12.00 9381 9382 9383 9384 9385 9386 9387 93R8 9391 J 9392 9393 9394 9395 9396 9397 9398 9399 9400 9401 9402 9403 9404 9405 9406 9407 9408 9409 9410 9411 9412 9413 ' 9416 2157552 IC) 9417 JENNY SETHRE 941R BRIAN SMITH 9! SAPHNE SNIEGAWSKI 94cv DEBBIE STAUB 9421 RICHARD STAIR 9422 CHRIS THOMAS 9423 PAUL THURK 9424 MIKE TUSHIE 9425 LESLIE VILLELLA 9426 JARED WESTRUP 9427 KATHLEEN WHALEN 9428 KATY WHALEN .9429 ACRO-MINNESOTA INC 9430 ACT ELECTRONICS INC 9431 ALCOHOL COUNTERMEASURE SYSTEMS IN 9432 ALPHA VIDEO & AUDIO 9433 AMERICAN NATIONAL BANK 9434 AMERICAN SCIENTIFIC PRODUCTS 9435 EARL F ANDERSEN & ASSOCIATES INC 9436 DALE ANDERSON 9437 DAVID ANDERSON 9438 TIM ANDERSON 9439 ANDERSONS GARDEN SHOP 9440 ARA TRANSPORTATION 9441 ASPEN CARPET CLEANING 9442 ASSOCIATED ASPHALT INC 94'3 B & C HEATING 9 B F GOODRICH TIRE CENTER 94 ,t BALLUFF CO 9446 JOSEPH BECKFELD 9447 BENNETT RINGROSE WOLSFELD JARVIS WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM WAGES-TEEN VOLUNTEER PROGRAM OFFICE SUPPLIES REPAIR ELECTRONIC AIR SWITCH-SEWER DEPT REPAIR BLOOD ALCOHOL TESTER-POLICE DEPT EQUIPMENT REPAIR-POLICE DEPT BOND PAYMENT CHEMICALS-WATER DEPT STREET SIGNS REBUILD VALVES-COMMUNITY CENTER REFUND-FITNESS CLASSES REFUND-SWIMMING CLASSES PLANTS-P/W BUILDING BUS SERVICE-TEEN WORK PROGRAM CLEANED CARPET-FIRE DEPT BLACKTOP REFUND-BUILDING PERMIT 14 RADIAL TIRES-STREET DEPT REFUND-BUILDING PERMIT REFUND-SWIMMING CLASSES -SERVICE-MITCHELL ROAD AND TECHNOLOGY DR/ -CITY WEST STREETS & UTILITIES/ANDERSON -LAKES PARKWAY/VALLEY VIEW ROAD/PRAIRIE CENTER DRIVE SOFTBALL OFFICIAL-FEES PAID SOFTBALL OFFICIAL-FEES PAID JULY IMPOUND SERVICE KEYS-POLICE DEPT -SERVICE-TECHNOLOGY DRIVE/CITY WEST -PARKWAY/LORENCE ADDITION/ARSON GLEN/ PRAIRIE CENTER DRIVE/EDENVALE BLVD REFUND-SWIMMING CLASSES 1 CHAIR-P/W BUILDING SUPPLIES-LIQUOR STORES JULY MILEAGE VALVES GREASE-PARK MAINTENANCE SUPPLIES-LIQUOR STORES LAWN TREATMENT-FIRE DEPT LAWN FERTILIZATION-PUBLIC WORKS SERVICE-PRAIRIE CENTER DRIVE INSTRUCTOR/EXERCISE CLASSES/FEES PAID 4 HYDRANT WRENCHES & HOLDERS-POLICE DEPT BLUELINE-PARK DEPT/SUPPLIES-PARK PLANNING 25.60 40.80 .1.20 27.60 41.20 40.00 42.40 65.20 51.20 36.00 17.60 19.20 93.66 25.00 30.60 34.00 210.73 56.75 157.70 300.00 17.00 10.00 68.97 188.91 75.00 15933.10 66.00 516.92 30.00 13.00 33479.14 204.00 438.00 130.00 33.38 5373.00 23.00 219.75 640.60 33.25 27.97 35.46 352.90 326.00 49.00 2017.87 1050.00 276.00 53.72 9448 BRIAN BERGSTROM 9449 ISAAC BLAKELY 9450 CITY OF BLOOMINGTON 9451 BLOOMINGTON LOCKSMITH CO 9452 BRAUN ENGINEERING TESTING INC 9453 LIZ BROWN 9454 BUSINESS FURNITURE INC 9455 BUTCHS BAR SUPPLY 9456 STEPHEN CALHOON 9457 CARL SON THERMOPLASTICS 9458 CHANHASSEN LAWN & SPORTS 9459 CHARLTON-MCCLAY INC 9460 CHEMLAWN 9461 CHEMSCAPE 9462 COMMISSIONER OF TRANSPORTATION 9'4 3 COMMUNITY DANCE CENTER . , CONWAY FIRE & SAFETY INC 9465 COPY EQUIPMENT INC 6299838 9465 CUTLER-MAGNER COMPANY DALCO 9. DAKTRONICS INC 9469 DATED BOOKS 9470 DITCH WITCH OF MINNESOTA INC 9471 DONOHUE & ASSOCIATES INC 9472 DORHOLT PRINTING/STATIONERY INC 9473 DRISKILLS SUPER VALU 9474 DUSTCOATING INC 9475 MARKS EDEN PRAIRIE STANDARD 9476 EDENVALE GOLF COURSE 9477 JON B ELVY 9478 EMERGENCY MEDICAL PRODUCTS INC 9479 EMERGENCY SERVICE SYSTEMS INC 9480 ENERGY CONTROLS INC 9481 DOUG EPSTEIN 9482 RON ESS 9483 ESS BROTHERS & SONS INC 9484 FAIRVIEW SOUTHDALE HOSPITAL 9485 FEED-RITE CONTORLS INC 9486 FINLEY BROS ENTERPRISES 9487 FIRESTONE STORES 9488 FLOOR CARE SUPPLY CO 99 JAN FLYNN 4 ' JOHN FRAME 94,1 FUNK-HANECY DISTRIBUTORS INC 9492 G & K SERVICES 9493 G L CONTRACTING INC 9494 GLW DISTRIBUTING 9495 KATHY GAGNE 9496 GENERAL COMMUNICATIONS INC 9497 GENERAL OFFICE PRODUCTS COMPANY 9498 AL GOMEZ 9499 DALE GREEN COMPANY 9500 GREENKEEPER INC . 9501 GUNNAR ELECTRIC COMPANY INC 9502 MACH 9503 JACK HACKING 9504 REBECCA PLOWMAN-HAHN 9505 KIM HAMILTON 9506 FIANCE SALES & SERVICE 9507 HARMON GLASS 9508 KAREN HARRIS 9509 HARVEY THORFINNSON & SCOGGIN P A 9510 HENNEPIN COUNTRY TREASURER 9511 D C HEY COMPANY INC 9512 HOFFERS INC 9513 HOLMSTEN ICE RINKS INC HOPKINS PARTS CO 915 IMPERIAL INC 9516 INGRAM EXCAVATING QUICKLIME-WATER DEPT CLEANING SUPPLIES -SCOREBOARD CONSOLE/SCOREBOARD JUNCTION BOX-COMMUNITY CENTER DAILY JOURNAL-WATER & STREET DEPT CHAIN & CHAIN LINKS FOR SWEEPER SERVICE-B F I OFFICE SUPPLIES -CONCESSION STAND SUPPLIES-ROUND LAKE AND COMMUNITY CENTER OIL ROADS-STREET DEPT OIL/ANTIFREEZE INSTRUCTOR-GOLF CLASSES/FEES PAID HOCKEY OFFICIAL/FEES PAID 1ST AID SUPPLIES-POLICE DEPT REPLACE LIGHT SWITCH REPLACE MOTOR ON SKATE SHARPENER-C/C SOFTBALL OFFICIAL/FEES PAID HOCKEY OFFICIAL/FEES PAID MANHOLE COVERS-SEWER DEPT TESTS-POLICE DEPT SULFATE-WATER DEPT INSTALL TENNIS NET POSTS-ROUND LAKE PARK 16 TIRES-STREET DEPT CLEANING SUPPLIES-COMMUNITY CENTER JULY & AUGUST MILEAGE AUGUST EXPENSES WINDOW SHADES-P/S BUILDING TOWELS-PARK MAINTENANCE SERVICE-WOODHILL TRAIL SUPPLIES-LIQUOR STORES REFUND-ANIMAL BOARDING FEE EQUIPMENT REPAIR & PARTS OFFICE SUPPLIES REFUND-MEMBERSHIP FEES/COMMUNITY CENTER BLACK DIRT REPAIR LAWN SPRINKLER SYSTEM-FIRE STATION OUTLET-PARK MAINT/BALLAST-CITY HALL FLUORIDE-WATER DEPT EXPENSES TENNIS INSTRUCTOR/FEES PAID REFUND-UNIFORM FEE/COMMUNITY CENTER REPAIR WEEDEATERS-PARK MAINTENANCE REPAIR MIRROR-STREET DEPT INSTRUCTOR-EXERCISE CLASSES/FEES PAID LEGAL SERVICE-METRO CONTRACTING OXYGEN-STREET DEPT OFFICE SUPPLIES SAFETY BARS-POLICE DEPT -COIL/FLOAT SWITCH HEAD/SQUEEGEE- COMMUNITY CENTER HITCH-STREET DEPT PIPE SEALANT-WATER DEPT. SERVICE-WILLOWOOD PARK 8776.74 638.42 602.67 62.95 36.21 1412.50 781.40 1047.83 891.00 13.88 1870.00 144.00 81.10 11.47 129.50 180.00 240.00 310.00 30.00 5201.03 69.50 653.12 484.90 83.25 170.90 203.43 11.30 2598.91 31.25 15.00 588.27 148.32 42.75 12.00 50.95 45.76 275.90 302.75 546.83 13.15 31.00 6.00 1174.40 208.00 36.32 161.55 483.00 387.35 54.15 91.60 315.00 3175731 1446 9517 J & R RADIATOR CORP 95 11 DOROTHY JACKSON 9 MRS ELAINE M JACQUES KELLOGS LEBODY SHOP 9521 TOM KEEFE 9522 RAY KERBER 9523 KEYS WELL DRILLING CO 9524 KLEVE HEATING & AIR CONDITIONING 9525 KATHY KOCHLIN 9526 KOKESH ATHLETIC & GOLF SUPPLY 9527 KROY INDUSTRIES INC 9528 LAKE STATE EQUIPMENT CO 9529 BOB LAMBERT 9530 LANDSCAPE JOURNAL 9531 LANG PAULY & GREGERSON LTD 9532 LONG LAKE FORD TRACTOR INC 9533 LOWELLS AUTOMOTIVE SPECIALISTS 9534 LYMAN LUMBER COMPANY 9535 MANAGEMENT LEARNING LABORATORIES 9536 MANPOWER INC 9537 ROBERT N MARTZ 9538 MASON PUBLISHING CO 9539 JAMES L MATSON 9540 MATTS AUTO SERVICE INC 9541 MCGLYNN BAKERIES INC 95 ,19 MERIT/JULIAN GRAPHICS 9 METRO APPLIANCE SERVICE INC 9544 METRO PRINTING INC 9545 METROPOLITAN WASTE CONTROL COMMIS 9546 METROPOLITAN WASTE CONTROL COMMIS 9547 MIDLAND PRODUCTS COMPANY 9548 MIDLAND PRODUCTS COMPANY 9549 MIDWEST ASPHALT CORPORATION 9550 MINNESOTA BAR SUPPLY INC 9551 MINNESOTA CASH REGISTER CO 9552 MINNESOTA GAS COMPANY 9553 MINNESOTA GAS COMPANY 9554 MINNESOTA RECREATION & PARK ASSOC 9555 MINNESOTA TORO INC 9556 MINNESOTA WANNER COMPANY 9557 MINNESOTA VLLEY ELECTRIC CO-OP 9558 MODERN TIRE CO 9559 DIANE MOE 9560 EARL MORE 9561 NATIONAL FIRE PROTECTION ASSOC 9562 JERRY NEEDHAM 9563 NEWCOMBE & HANSEN APPRAISALS INC 9564 NORTH STAR INTL TRUCKS 9565 NORTHERN STATES POWER CO 9"6 NORTHERN STATES TOWER SERVICE NORTHWESTERN BELL TELEPHONE CO 9bo8 OLIN WATER SERVICES REPAIR RADIATOR-EQUIPMENT MAINTENANCE INSTRUCTOR-DOG OBEDIENCE/FEES PAID STRAW BALES-PARK MAINTENANCE INSTRUCTOR-EXERCISE CLASSES/FEES PAID SOFTBALL OFFICIAL/FEES PAID HAY BALES TO STOP EROSION-P/W BUILDING REPAIR PUMP #2-WATER DEPT -REPAIR AIR CONDITIONER-CITY HALL & FIRE DEPT MILEAGE T-SHIRTS-ROUND LAKE BEACH PLAQUES/DESK SIGNS-POLICE DEPT BRAKE LINE/SLEEVES-EQUIPMENT MAINTENANCE SEPTEMBER EXPENSES SUBSCRIPTION-PARK PLANNING MAY LEGAL SERVICE BOLTS/LINKS-PARK MAINTENANCE METAL CUTTER/CHISEL/TAPE/EDGING TOOL LUMBER SUBSCRIPTION-COMMUNITY SERVICES TEMPORARY HELP-PLANNING DEPT SEPTEMBER EXPENSES BOOK-MANAGER EXPENSES TOWING SERVICE EXPENSES-POLICE DEPT BUILDING INSPECTION FORMS REPAIR WATER HEATER-COMMUNITY CENTER POSTERS FOR OPEN HOUSE-POLICE DEPT SEPTEMBER SEWER CHARGES JULY SAC CHARGES -CONCESSION STAND SUPPLIES-ROUND LAKE & COMMUNITY CENTER REPAIR WIRING-ROUND LAKE & COMMUNITY CTR BLACKTOP SUPPLIES-LIQUOR STORES MAINTENANCE AGREEMENT-LIQUOR STORES SERVICE SERVICE SOFTBALL REGISTRATION/FEES PAID GAS SPRING/BEARING-PARK MAINTENANCE PIPE/AIR REGULATOR-PUBLIC SAFETY , SERVICE 4 TIRES-STREET DEPT SUPPLIES-DAY CAMP SUPPLIES-SUNBONNET DAYS BOOKS-FIRE DEPT INSTRUCTOR-DOG OBEDIENCE/FEES PAID APPRAISAL FEE-PRAIRIE CENTER DRIVE FLOOR SWITCH-EQUIPMENT MAINTENANCE SERVICE INSTALL ANTENNA FOR NEW RADIO TOWER-POLICE SERVICE CHEMICALS-WATER DEPT 58.00 50.00 7.50 292.50 108.00 20.00 3625.75 222.00 7.25 86.00 66.14 23.04 232.25 16.00 11170.8 4 41.60 78.27 39.33 29.00 207.96 200.25 55.00 44.21 60.00 10.34 309.45 47.00 98.50 46795.27 35343.00 438.20 24.75 230.28 66.75 888.00 2151.48 633.43 72.00 91.95 88.12 35.64 547.55 10.72 30.76 185.30 150.00 400.00 7.35 32801.74 910.00 1229.55 5205.20 14554322 NG(' 2424271 9592 JEFF SIEMERS 9593 BRIAN SIEVERTSON P" 1 W E NEAL SLATE CO J LARRY SMITH 9596 SON OF A PRINTER INC 9597 SOUTHWEST SUBURBAN PUBLISHING INC 9598 SOUTHWEST SUBURBAN PUBLISHING INC 9599 SOUTHWEST SUBURBAN PUBLISHING INC 9600 GUY SPEAKER COMPANY INC 9601 TERESA SPENCER 9602 CRAIG STANTON 9603 EMMETT STARK 9604 SUBURBAN CHEVROLET 9605 SULLIVANS SERVICES INC 9606 TAYLOR RENTAL CENTER 9607 BOB TECHAM 9608 MIKE TEITELBAUM 9609 TRACY OIL CO INC 9610 TRANSPORT CLEARINGS OF TWIN CITIE 9611 TRIARCO ARTS & CRAFTS 9612 UZ ENGINEERED PRODUCTS 9613 UNIFORMS UNLIMITED 9614 UNITED STORES 9615 VALLEY INDUSTRIAL PROPANE INC 9616 VAN WATERS & ROGERS 9617 VAUGHNS 9618 VESSCO INC VIKING LABORATORIES INCORPORATED BECKI WARNER INSTRUCTOR-EXERCISE CLASSES/FEES PAID EQUIPMENT REPAIR-WATER DEPT POSTAGE MACHINE PARTS SOFTBALL TROPHIES -INSTALL RECEPTACLES & CIRCUITS-COMMUNITY CENTER SPARK PLUGS/WEEDEATER LINE-PARK MAINT BADGES FOR OPEN HOUSE-POLICE DEPT REFUND-EXERCISE CLASSES I D CARDS-POLICE DEPT TOOLS-STREET DEPT REFUND-SWIMMING CLASSES JULY COMPUTER RENTAL-POLICE DEPT HITCH ARM ASSEMBLY FOR PAVING MACHINE STETHOSCOPE-POLICE DEPT SUPPLIES-POLICE DEPT SUPPLIES-RECREATION DEPT EMPLOYMENT AD-COMMUNITY CENTER LUMBER-PARK MAINTENANCE LAMP-BUILDING DEPT TENNIS INSTRUCTOR/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID -REPLACED VALVE/LINKAGE/BODY WORK/REPAIR PUSH BUMPER-SQUAD CARS REFUND-SWIMMING CLASSES SOFTBALL OFFICIAL/FEES PAID MARKER BOARD-P/S BUILDING REFUND-SWIMMING CLASSES FORMS-POLICE DEPT 1564.80 21.60 42.37 1150.00 881.75 98.58 3.00 25.00 42.00 80.45 13.00 145.00 350.78 63.73 8.94 29.23 14.00 356.95 84.99 870.00 120.00 12.00 965.68 8.00 48.00 190.00 49.00 10.61 9569 CHRIS PALM 9570 PATCO COMPANY 5;-' PITNEY BOWES POMMER MEG CO INC 9573. PRAIRIE ELECTRIC COMPANY INC 9574 PRAIRIE LAWN & GARDEN 9575 PRAIRIE OFFICE PRODUCTS INC 9576 DENIS PRESTON 9577 RC IDENTIFICATIONS 9578 DAVID RAQUET 9579 PAUL RASHLEGER 9580 CITY OF RICHFIELD 9581 ROAD MACHINERTY & SUPPLIES CO 9582 ROAD RESCUE INC 9583 ROBERTS DRUG 9584 ROBERTS DRUG 9585 SAILOR NEWSPAPERS 9586 ST REGIS PAPER CORPORATION 9587 WAYNE SANDERS 9588 DIANE SANDVICK 9589 LARRY SCHOCH 9590 MARK SEAVALL 9591 SHAKOPEE FORD INC LEGAL ADS/JULY & AUG HAPPENINGS 2099.65 ADS-LIQUOR STORES 248.76 , EMPLOYMENT AD-COMMUNITY CENTER 15.00 PENS-WATER DEPT 53.85 REFUND-SWIMMING CLASSES 10.00 SOFTBALL OFFICIAL/FEES PAID 108.00 COMMUNITY BAND DIRECTOR 435.00 GAS GAUGE/LOCK/RUSTPROOFING-SQUAD CARS 182.99 SERVICE-RESEARCH ROAD 50.00 RENT PICNIC COOLERS-DAY CAMP 38.16 SOFTBALL OFFICIAL/FEES PAID 24.00 KARATE INSTRUCTOR-FEES PAID 316.50 UNLEADED GAS 8920.00 FREIGHT CHARGES-WATER DEPT 366.77 RESIN/NAME TAGS-DAY CAMP 32.30 BOLTS & NUTS-STREET DEPT 507.11 UNIFORMS-POLICE DEPT 504.00 COOKING SUPPLIES-DAY CAMP 38.50 GAS CYLINDER-COMMUNITY CENTER 218.84 SODIUM SILICOFLUORIDE/CHLORINE-WATER DEPT 2426.30 REPAIR FLAG 6.25 EQUIPMENT PARTS-WATER DEPT 152.57 CHLORINE/SODA ASH-COMMUNITY CENTER 184.70 MILEAGE 54.00 9621 WATER PRODUCTS COMPANY 9r ' SANDRA WERTS 9‘ WEST WELD 9624 BRUCE WIESSNER 9625 JOE WIETHOFF 9626 WILSON TANNER GRAPHICS 9627 XEROX CORPORATION 9628 YOU AND ME BABY 9629 STACY YOUNG 9630 ZEE MEDICAL SERVICE 9631 ZEP MANUFACTURING COMPANY 9632 ALTA MECHANICAL CONTRACTORS 9633 STUART ALEXANDER 9634 DENIS BILLMEYER 9635 CHARLES P DOWNER 9636 PATRICK PEREZ 9637 WILLIE PEREZ 9638 JIM PUFAHL 9639 MARY A FRITCHMAN 9640 MARK PANNKUK 9641 BEN SKINNER 9642 NORTHERN STATES POWER 9643 MCQUEEN EQUIPMENT INC 9644 PITNEY BOWES 9645 STEVEN R SINELL 9646 WATER PRODUCTS COMPANY 1 . 7 COLLEEN IMMORMINO 3 MICHELE NIXON 9649 LAKELAND POLICE DEPARTMENT 1641453 46 METERS/10 SAWBLADES/HYDRANT PARTS AUGUST MILEAGE WELDING RODS-STREET DEPT SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID 7 SIGNS-PARK MAINTENANCE SERVICE BOOKS-COMMUNITY CENTER INSTRUCTOR-EXERCISE CLASSES/FEES PAID 1ST AID SUPPLIES-PARK MAINTENANCE CHEMICALS-STREET DEPT AIR CONDITIONING-COMMUNITY CENTER AUGUST MILEAGE SOFTBALL & HOCKEY OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID MILEAGE-FORESTRY DEPT MILEAGE-FORESTRY DEPT MILEAGE-FORESTRY DEPT SERVICE BUSHINGS-STREET DEPT SERVICE EXPENSES-ASSESSING DEPT PIPE/GASKETS-DRAINAGE REFUND-TENNIS CLASSES REFUND-TENNIS CLASSES CONFERENCE-CANINE TRIALS REGISTRATION 2527.99 114.18 100.05 12.00 324.00 85.00 259.08 61.90 250.00 18.55 324.20 10035.00 11.25 192.00 204.00 390.00 138.00 138.00 124.25 118.50 151.75 540.28 25.57 75.00 15.75 97.23 18.00 18.00 45.00 $587249.17 September 6, 1983 ! GENERAL 1. CERTIFICATE OF INDEBTEDNE 15 LIOUOR STORE P V M 17 LIOUOR STORE PRESERVE 31 PARK ACOUISTION & DEVELOP 33 UTILITY BOND FUND 36 P/S 6 P/W BUILDING BOND 44 UTILITY DEBT FUND 51 IMPROVEMENT CONSTRUCTION 57 ROAD IMPROVE CONST FUND 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 90 TAX INCREMENT $587249.17 353005.15 60.00 28533.34 22903.19 451.25 271.25 1451.59 210.73 6633.35 7491.03 52322.57 82599.47 3696.10 27620.15 1 969 MINUTES EDEN PRAIRIE PLANNING COMMISSION Mnndav. Aurme+ 0 inn., A. TIMBER BAY MANOR HOMES, by Richard Miller Homes, Inc. Reqjest for Preliminary Plat of 14.8 acres into eight (8) lots. Location: Timber Lakes Drive and County Road #4. A continued public hearing. At the last Planning Commission meeting, proponent was requested to revise plans presented to include buffering in the form of berming and landscaping for all the adjacent land uses and to show sight lines from the adjacent existing single family homes along Island Road and Timber Lakes Road. Planning Commission Minutes 2 August S, 1S63 Mr. Jim Carver, Richard Miller Homes, Inc., presented plans, showing the proposed landscaping for the project, and indicating views from two sight lines from existing adjacent single family homes. Torjesen stated that he understood that the berm along Island Road was under construction and asked where the trees would be located along that berm. Mr. Carver responded that the trees would be on the road side of the berm. Torjesen asked what had happened to the ditch section shcwn in the previous plans. Mr. Mel Ford, Richard Miller Homes, inc., stated that the plans had been amended to include both the berming requested and the ditch section for storm water drainage. Members of the Commission expressed concern for the fact that the proponents had not submitted their revisions to the City in time for the Staff to review the plans. Chairman Beaman pointed out that the plans were still incomplete with respect to detail involving the height and slopes of the berms, ground cover, caliper or height of trees to be planted, and quantities of trees to be used on the site. Chairman Bearman stated that he had also received a petition from seven residents of the area requesting a copy of the plans requested by the Planning Commission at its previous meeting in order to have a chance to review them. Chairman Bearman asked that the petition be part of the minutes on this project. Hallett questioned how much time was needed by Staff to review the plans. Planner Sullivan stated that one week would be sufficient. Torjesen stated that he acknowledged that the proponents would not need to deal with the process of the landscape plan, if they had not requested the platting, and that the platting was only for financial flexibility for the project; however, he stated that he felt the neighborhood, as a whole, would benefit by the time taken now on a landscape plan for this project. Bob Rove, 7988 Island Road, asked what type of ground cover was being proposed. Mr. Carver responded that it would be grass. Bob Dawson, 7986 Island Road, asked if Outlot F would be used for public access to Mitchell Lake. Mr. Carver stated that it was not to be dedicated to the City, but was to act as access for the surrounding residents within the overall Timber Bay project. Lloyd Schenke, 7908 South Bay Curve, asked how complete the existing berm was. Mr. Carver respcnded that two feet would be added to the height of the berm. MOTION: Motion was made by Gartner, seconded by Hallett, to continue action on this item to the August 22, 1933, reeting pending review of the FYI 2. Planning Commission Minutes 3 August 8, 1983 proposed landscape/screening plan by Staff, as well as sight lines to the existing and adjacent single family units. The proposed landscape plan should be detailed to the level required by City Code, including quantities, sizes, locations, etc. of all materials. Motion carried--5-0-0 Planning Commission Minutes 9 July 25, 1533 D. TIMBER BAY MANOR HOMES, by Richard Miller Homes, Inc. Request for Preliminary Plat of 14.8 acres into eight (13) lots. Location: Timber Lakes Drive and County Road #4. A public hearing. Mr. Jim Carver, representing Richard Miller Homes, Inc., reviewed the request with the Planning Commission, explaining the project in greater detail. Staff pointed out that variances would be necessary for the setbacks between the buildings for the manor home units. Pat Menton, 7994 Timber Lakes Drive, asked what the relationship would be between the proposed development and the existing development in terms of associations, etc. Mr. Mel Ford, Richard Miller Homes, Inc., stated that a new and separate association would be developed for this project. Rita Rove, 7988 Island Road, asked what the future would be for Lot 8 within the development. Staff responded that, with the exception of Lot 8, there were no other restrictions of a zoning nature. Lot 8, however, would have to be designed with consideration for Chairman Beaman stated that he felt the landscape plan and the sight lines from the existing neighborhood would be significant for /VS Planning Commission Minutes 10 July 25, 1963 shoreland and floodplain zoning regulations due to its proximity to Mitchell Lake, and also due to the unusual shape of the lot with the meandering shoreline. Lloyd Schenke, 7908 South Bay Curve, stated that he was concerned about the lack of transition shown between the single family lots and the proposed multi-family lots. Torjesen asked if this was an appropriate land use based on the Comprehensive Plan. Staff stated that it was. Torjesen expressed concern for the fact that the total development process would not be reviewed at this time. He pointed out that the Commission was used to dealing with unzoned, or Rural, property, not property which had been previously zoned. Dealing only with the plat seemed to jumping into the middle of the planning process. Torjesen added that he felt the developer had proceeded in good faith with the project. Torjesen stated to the developer that he felt it would be in their best interest to deal with the transition matter at this time. He stated that he felt it would be in the best interests of the existing residents, the developer, and the coamunity to prepare a transition between these uses which would be satisfactory to everyone concerned. Ms. Menton asked what the reason for a second access would be. Staff stated that it was done for purposes of safety. She also asked what the current plans were for the berm along the exterior of the site. Mr. Carver stated that the landscape plan was not finished yet, but would be shortly. She also asked about the visibility of the homes from her area. Mr. Carver responded that the rooftops would be visible, but nothing more. Jerry Bowman, 7969 Island Road, asked if the landscape plan was being developed for the proposed project only, or if the plan encompassed a transition area between the existing single family and the proposed multiple uses. Hallett stated that he felt it would be important to see the landscape plan for this project. He also stated that he was glad to see that the developer was proposing a density of approximately 40% less than what would be allowed for the site. Torjesen said that normally, when a plan is reviewed by the City, the City has the opportunity to review the plan overall with respect to its impact on the surrounding area, particularly in the case of existing surrounding uses. He stated that he felt that was missing from this plan. Planner Enger stated that the landscaping changed that would be needed for this site would be quite significant in terms of the surrounding land uses. ;lanning Conmission Minutes 11 July 25, 19Z3 Planning Commission review. MOTION 1: Motion was made by Gartner, seconded by H a l l e t t , t o c o n t i n u e t h e public hearing to the August 8, 1983, meeti n g w i t h t h e d e v e l o p e r t o provide a landscape plan dealing with tran s i t i o n o f t h e p r o p o s e d units to the existing units, and sight li n e s f r o m t h e e x i s t i n g single family area to the proposed units. Motion carried--5-0-0 Chairman Bearman stepped down for discussio n of the following item; Acting Chairman Torjesen assumed the chair. HENNEPIN DEPARTMENT OF TRANSPORTATION 41_7 t 320 Washington Av. South Hopkins, Minnesota 55343 Lf 935-3381 Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mx. Enger: RE Proposed Plat - "Timber Bay" CSAH 4 NW Quadrant of Timber Lake Drive Section 17, Township 116, Range 22 Hennepin County Plat No. 1108 Review and Recommendations July 29, 1983 Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require C o u n t y r e v i e w o f proposed plats abutting County roads. We reviewed the above plat a n d f o u n d i t a c - ceptable with consideration of these conditions: -No additional right of way required by Hennepin County in the are a o f t h i s p l a t at this time. -The proposed access location onto CSAH 4, approximately 475 feet n o r t h o f t h e centerline of Timber Lake Drive, meets minimum sight distance req u i r e m e n t f o r t h e posted speed limit. -The proposed access onto CSAH 4 must be constructed as per Hennep i n C o u n t y entrance permit Number 2336 issued to Richard Miller, Inc. on May 27 , 1 9 8 3 . This permit requires the construction of aright turn lane at this intersection. -All proposed construction within County right of way requires an a p p r o v e d utility permit prior to beginning construction. This includes but i s n o t limited to, drainage and utility construction, trail development, a n d landscaping. See our Maintenance Division for utility permit forms . -The developer must restore all areas disturbed during constructi o n w i t h i n County right of way. Please direct any response or questions to Les Weigelt. Sincerely, (' ames M. Wold, P.E. Chief, Planning and Programming HENNEPIN COUNTY onaquolopponunnyemployv STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: Planning Commission Stephen Sullivan, Assistant City Planner Chris Enger, Director of Planning August 19, 1983 Timber Bay Manor Homes West of County Road #4, North of Timber Lakes Drive APPLICANT E—FEE OWER: Richard Miller Homes, Inc. REQUEST: Preliminary Plat of 14.8 acres into eight (8) lots Background The project is zoned RM-2.5 as a part of the Timber Lakes Planned Unit Devel o p m e n t . The proponent requests the platting of the property to accommodate eight d i f f e r e n t building phases. Lots 1-7 are planned for manor homes. Lot 8 is to b e l e f t undisturbed subject to review by the City prior to development. The propo s a l d o e s ' not meet minimum lot size, lot width, lot depth, front yard, rear yard, o r s i d e y a r d setbacks. The Planning Commission has reviewed this request at its July 25, and A u g u s t 8 , 1983, meetings. Site Plan The proponent has submitted a revised landscape plan as requested by the P l a n n i n g Commission. The plan depicts the revised grading, existing and propos e d p l a n t material. The berms which exist along Timber Lakes Drive and Island R o a d w i l l remain undisturbed in lieu of the proposed swabs of the prior plan. Alo n g T i m b e r Lakes Drive, the berms have a six foot effective screening height, alt h o u g h t h e manor homes are eight feet lower than the top of the berm. Along Island R o a d , t h e berm has an eight foot effective screening height with the manor homes t w e l v e f e e t lower than the top of the berm. The second floor and roofs of the unit s w i l l b e seen from both adjacent streets. The berms screen the proposed parking a r e a s w i t h the exception of the first driveway north of the access off Timber Lake Dri v e . The planting plan shows additional four foot evergreens and 1-1/2 inc h R u s s i a n Olives to be planted on the road side of the berms. The plant materi a l o f f e r s little screening value, but will aesthetically support the entrance funct i o n T i m b e r Lake Drive provides to the multiple and single family developments in t h e T i m b e r Lakes Planned Unit Development. A combination planting is proposed with i n O u t l o t F in an attempt to screen sight lines from an existing single family h o m e t o t h e gra Timber Bay Manor Staff Report 2 August 19, 1983 proposed manor homes. This planting area uses less evergreen plan material than the • previously submitted landscape plan. Sight lines to the northeast unit will exist. The planting plan should be revised placing additional and larger evergreen trees along the easterly 150 ft. of Outlot F. A single family home lies east of the proposed development and adjacent to County Road 04. A single fmaily homestead lies in the southeast portion of the parcel. Building #1 lies within 13 feet of the adjoining property. The parking lot for Building #1 abuts the property line. Both the building and parking are within the side yard setback. The site plan should be revised placing the structure and parking in conformance with setback requirements, as well providing screening from the adjacent homestead. Building 02 is located within the 35 ft. front yard setback from Timber lakes Drive. The site paln should be revised to meet the front yard setback requirement. RECOMMENDATIONS Staff recommends approval of the preliminary plat for the Timber Bay Manor Homes development subject to the following conditions: 1. Prior to City Council, proponent shall: a. . Revise the landscape/screening plan by: Placing a buffer between the southeast homestead andthe manor homes. Placing a dense 6-8 foot evergreen planting mass along the easterly 150 ft. of Outlot F. Buffering the single family homes east of County Road #4. b. Revise the site plan, placing Building 01 and the parking a distance from the existing single family home which would provide the necessary area for screening and would conform to side yuard setback requirements. C. Revise the site plan, placing Building #2 outside of the front yard setback. 2. Prior to final plat, proponent shall receive approval from the Board of Appeals for the following variances: Minimum lot size Minimum lot width Minimum lot depth Front, side, and rear yard setbacks 3. Each lot shall be part of a common condominium association. 1119 Timber Bay Manor Staff Report 3 August 19, 1983 4. Outlot F shall be retained by the association as a pedestrian link to Mitchell Lake and shall remain as common, permanent open space. 5. Development of Lot 8 will be subject to City review and approval prior to further development. 6. No land alteration of any type will be permitted on Lot 8 without City approval. STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT ITE-C-OWNER: REQUEST: Planning Commission Stephen Sullivan, Assistant Planner Chris Enger, Director of Planning July 22, 1983 Timber Bay Manor Homes Timber Lakes Drive and County Road #4 Richard Miller Homes, Inc. Preliminary Plat of 14.8 acres into 8 lots Background The project was originally zoned multiple by Ordinance #8. In 1968, according to Ordinance t135, the site was placed under Plan Study. The intent of the Plan Study designation was to place difficult parcels into an appropriate zoning district within a one-year time frame. If a zoning district was not determined, the Plan Study designation was continued each year. The adoption of Chapter 11 of the current City Code eliminated the Plan Study District. All parcels previously depicted as Plan Study then went back to the underlying zoning classifications. The project area was approved as a multiple site of the Timber Lakes Planned Unit Development. A specific site plan for this area was never reviewed or approved as a part of the Planned Unit Development. A development plan was submitted in 1982 to the Building Department requesting building permit issuance for the zoned parcel. This plan included townhomes throughout the site. It was reviewed by the Planning Department Staff and it was found that several units were placed on areas restricted by the slope and shoreland ordinance. The plan was revised, reducing the number of townhomes and placing eight buildings on the higher and flat ground adjacent to Timber Lake Drive and County Road #4. The project was approved by Staff and a building permit issued. Currently, two buildings are finished. Development Plan The proponent requests the platting of the property to accommodate eight different building phases. This is necessary to meet FHA requirements for minimum percentage of condominiums being sold prior to the closing on an individual property. Each lot has frontage to a public road. The proposal does not meet minimum lot size, lot width, lot depth, front yard, rear yard, or side yard setbacks. The proposed density for Lots 1-7 is 7.1 units per acre, which is consistent with the RM-2.5 District. No development plan is proposed for Lot 8. VI I Minimum lot size Minimum lot width Minimum lot depth Front yard setback Side yard setback a. b. C . d. e. Timber Bay Staff Report 2 July 22, 1983 The site was rough graded in conjunction with the development of townhomes • throughout Lots 1-7. Lot 8 is not graded. It slopes to the lake and is covered with meadow grasses. Several tree masses are found within Lot 8, Lot 1 and Lot 2. Approximately eight foot berms, with landscaping, line both sides of Timber Lakes Drive and Island Road. The proposal removes the berms and places drainage swales along the Timber Bay side of these adjacent roads. These berms provide a landscaped gateway or entrance function to the existing single family and multiple projects, which are components of the Timber Lake Planned Unit Development. The bermed area also provides a buffer to the proposed multiple project from passing motorists. The Guide Plan depicts the area directly east, across County Road #4, as low density residential. An existing single family home is located within the southeast corner of the parcel. It will be necessary to provide buffering to this adjacent homestead and the homes across County Road #4. No landscape plan has been submitted. Access to the parcel is off County Road f4. Private roads will be located throughout the development. Storm water will be outletted to two sedimentation ponds and a large centrally located swale that drains to Mitchell Lake. Sanitary sewer will outlet to an existing line located along Timber Lake Drive. Water service will connect to mains along County Road #4 and Island Road. All utilities within the property are private and the responsibility of the condominium association. Outlot F, located in the west portion of the site, is to be a pedestrian open space link, maintained and owned by the condominium association, for access to Mitchell Lake. RECOMMENDATIONS Staff recommends the approval of the preliminary plat for the Timber Bay development, subject to the following: 1. Each lot must be subject to a common condominium association. 2. Outlot F shall be retained by the association for the use as a pedestrian link to Mitchell Lake and remain as permanent open space. 3. Development of Lot 8 shall be subject to City review and approval prior to further development. 4. Development of Lot 8 shall be subject to Watershed District approval. 5. No land alteration of any type will be permitted on Lot 8 without City approval. 6. Prior to building permit issuance, the development shall receive approval from the Board of Appeals for the following variances: f. Rear yard setback 7. A comprehensive landscape/screening plan shall be submitted to the City for review and approval prior to City Council which accomplishes the following: a. Places berms, with landscaping, along Timber Lakes Drive and Island Road. b. Buffers the single family homes east .of County Road #4 from the townhomes. c. Buffers the southeast homestead from the townhomes. 8. The required Cash Park Fee shall be paid prior to the issuance of each building permit. IIMAGINEERS 7900 TIMBER LAKE DRIVE SEDER PRAIRIE, MINNESOTA 553441 AREA CODE 6121937•8500 RICHARD MILLER. INC. July 5, 1983 Mr. Chris Engler City Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Sir: The following describes the planned development of Outlot A, Timber Lakes and thereby serves as a supplement to the Preliminary Plat map and Development Plans. The plan is based on the building of owner occupied townhomes (condominiums) with 4 units per building. Each unit in each building will be served by a 2-stall attached garage and a private entrance from the exterior. There are several points to be made concerning the plan that are perhaps not evident from the plan drawings and preliminary plan drawing. 1. Outlot A, Timber Lakes is part of a planned unit development originally reviewed and approved for Pemtom. 2. The property is zoned RM 2.5 and 14.8 acres in size. The gross number of units allowed under this zoning for the entire site would therefore total 257 or 17.42 units per acre. The total density as planned will be less than that allowed. 3. The lot lines shown are devised to phase the development to satisfy the Veteran's Administration requirements for 70% presale of units. Inshort, in order to be able to offer the opportunity for VA guaranteed or FHA insured financing, the project must first be approved by these organizations. To be approved, VA requires that70% of the units in a specific project division be presold. Timber Bay, as a whole, however is a condominium project, thus there is no individual ownership of land; the land being common property held by the condominium association. Therefore lots, as shown, are essentially phasing lines and have little or no purpose beyond that. Chr Engler - p.2 Since there is no individual ownership of these lots and the project as whole is set up as a phased condominium development project, the basic and only plan related concerns vis-a-vis setback requirements should be those of building separation as required by fire codes, which are met or exceeded by the plan and the setback of garages from streets (to be private - see 4 below) by one car length (20') as requested by the city planning staff to provide additional off street parking. These, also, have been met or exceeded in every instance in the plan. These matters have been gone over with the Eden Prairie planning staff. 4. Streets in the Timber Bay area are to be private drives, 24' in width and without curbs. They meet requirements as expressed by the planning staff in informal review. Street maintenance and snow plowing will be the , responsibility of the Homeowner's Association. 5. Lots 3,4,5,6, and 7 will each contain one 4-unit building. Lot 2 will contain 3 buildings. Lot 8 is planned for future expansion. Lot I is planned for use as tennis courts or an alternative plan for a similar 4-unit building. 6. The overall plan will include substantial open space along the lake and fingers of open space reaching back into the development. 7. Present planned phasing (depending upon market absorbsion) is: Lot 2, Lot 7, Lot 6, Lots 3, 4 and 5 in that order. Lot 8 will be planned in greater detail at a later date. I hope this answers the questions that may arise. If there is anything else that is needed please get in touch with me. Sincerely,