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
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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
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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
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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,