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Home My WebLink AboutCity Council - 03/06/1984AGENDA JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING TUESDAY, MARCH 6, 1984 CITY COUNCIL MEMBERS: . PLANNING COMMISSION MEMBERS: CITY STAFF: I. CALL MEETING TO ORDER II. ITEMS OF DISCUSSION III. ADJOURNMENT. 6:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Wolfgang H. Penzel, Richard Anderson, , George Bentley, Paul Redpath and George Tangen Chairman William Bearman, Virginia Gartner, Bob Hallett, Stan Johannes, Dennis Marhula, Edward Schuck and Hakon Torjesen City Manager Carl J. Jullie, Planning Director Chris Enger, Director of Public Works Eugene Dietz, Director of Community Services Robert Lambert, and Recording Secretary Karen Michael AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 6, 1984 CITY COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM 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 Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE: Blue Bird Club (" 'L CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 21, 1984 Page 313 CITY COUNCIL AGENDA - 2 - TUESDAY, MARCH 6, 1984 III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of PUD Ordinance No. 01-84, Rezoning from Rural to 01-13.5 for 43.3 acres, with variant.es, approval of Developer's Agreement for Carmel Addition, and adoption of Resolution No. 19-84, approving Summary of PUD Ordinance No. 01-84 and orderingLinthlication of said Summary . of Carmel. Location: North of Rowland Road, west of Old Shady Oak Road C. Receive 10W, petition for public improvements in Phase I of Carmel Addition and authorize preparation of plans and specifications, I.C. 52-0598 (Resolution No. 84-43 -) D. Receive petition for sewer and water extension to serve Carmel Addition and vicinity and authorize _preparation of a feasibility report, I.C. 52-059A (Resolution Nu. 84-42) E. 2nd Reading of Ordinance No. 16-84, zoning from Rural to R1-13.5 and adoption of Resolution No. 84-40, setting conditions of approving Development Plan for Vernon Hill Estates by Countryside Investments, Inc. Location: Southeast quadrant of Duck Lake Trail and County Road 4 F. Award bids for_playground equipment at Red Rock Park and High Trail Estates G. Receive petition for Sanitary Sewer Improvements to serve Paulsen's 1st Addition, I.C. 52-061 (-6-iOlution No. 84-47)— H. Final plat approval for Lake Heights Addition (Resolution No. 84-46) I. Authorize City Manager al)_Mayor to executive agreement with MWCC regarding_easements IV. PUBLIC HLARINGS A. PRAIRIE CENTER BUSINESS PARK by_Opus Corporation. Request for Planned Unit Development Concept for 17.4 acres for three office/warehouse buildings. Location: Southeast quadrant of West 78th Street and Prairie Center Drive. (Resolution No. 84-34 - PUD Concept Approval) Continued from February 21, 1984 B. FEASIBILITY REPORT on signals at Shady Oak Road and Flying Cloud Drive, I.C. 52-057 (-Resolution No. 84-45T C. VII Alit GREENS by Kerr Companies. Request for Site Plan Zoning Amendment for 722 condominium units on 12.84 acres and preliminary plat of 12.84 acres into two (2) lots. Location: Northwest quadrant of Valley View Road and Golf View Drive. (Ordinance No. 17-84 - Site Plan Zoning Amendment; Resolution No. 84-37 - Preliminary Plat) D. KINDER CARE LEARNING CENTER. Request for Zoning District Change from Rural to Commercial Regional Service and preliminary plat of 0.71 acres for a Day Care facility. Location: Northeast quadrant of Singletree Lane and Glen Lane. (Ordinance No. 18-84 - Zoning District Change; Resolution No. 84-38 - preliminary plat) Page 322 Page 323 Page 338 Page 340 Page 342 Page 344 Page 346 Page 348 Page 351 Page 284 Page 358 Page 354 Page 380 CITY COUNCIL AGENDA - 3 - TUESDAY, MARCH 6, 1984 E. EDENVALE APARTMENTS 2ND ADDITION by Bar-ett Construction Co./Edenvale Apartments Partnership. Request for Comprehensive Guide Plan Amendment from Medium to High Density Residential and Zoning District Change from Rural to RM-2.5 for 4.98 acres for a 70-unit apartment building. Location: Northeast quadrant of Baker Road and Valley View Road. (Resolution No. 84-39 - Comprehensive Guide Plan Amendment; Ordinance No. 19-84 - Zoning) F. 1984 COMMUNITY DEVELOPMENT BLOCK GRANT, YEAR X. A Public Hearing to obtain the views of citizens on local and urban Hennepin County housing and community development needy and to provide citizens with the opportunity to convent on the Urban Hennepin County Statement of Objectives/1984, and the City of Eden Prairie's proposed use of Year X Urban Hennepin County Community Development Block Grant Funds. G. AMENDMENTS TO CHAPTER 11 OF THE CITY CODE (Ordinance No. 20-84) Page 409 V. PAYMENT OF CLAIMS NOS. 12410 - 12633 Page 414' VI. REPORTS OF ADVISORY COMMISSIONS VII. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 3-84, amending City Code Chapter 1 Page 420 B. 1st Reading of Ordinance No. 4-84, amending City Code Chapter 2 Page 424 C. 1st Reading of Ordinance No. 5-84, amending City Code Chapter 3 Page 426 D. 1st Reading of Ordinance No. 6-84, amending City _Code Chapter 4 Page 429 E. 1st Reading of Ordinance No. 7-84, amending City Code Chapter 5 Page 433 F. 1st Reading of Ordinance No. 8-84, amending City Code Chapter 6 G. 1st Reading of Ordinance No. 9-84, amending City Code Chapter 7 Page 437 H. 1st Reading of Ordinance No. 10-84, amending City Code Chapter 8 Page 438 I. 1st Reading of Ordinance No. 11-84, amending City Code Chster 9 Page 439 J. 1st Reading of Ordinance No. 12-84, amending City Code Chapter 10 Page 440 K. 1st Reading of Ordinance No. 13-84, amending City Code Chapter 12 Page 11.43 L. 1st Reading of Ordinance No. 21-84, amending_City Code Charer 20 VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Welsh Construction Corp. for amendment to "Declaration of Restrictions" for Bryant Lake Technical Center B. Preserve Commercial Park North Rod Addition by The Preserve of Eden Prairie. Request for preliminary plat of 6.75 acres for 4 lots. Location: Northwest quadrant of 169 and Prairie Center Drive. (Resolution No. 84-41 - Preliminary Plat) Page 444 Page 455 Page 395 Page 405 CITY COUNCIL AGENDA - 4 - TUESDAY, MARCH 6, 1984 IX. REPORTS OF OFFICERS, BOARDS 8 COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Discussion of Section 2.3 of the Fee Resolution, regarding fees for dances, shows and live music C. Report of City Attorney. D. Report of Director of Community Services I. Lions Club Proposal X. NEW BUSINESS XI. ADJOURNMENT. Page 459 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 21, 1984 COUNCIL MEMBERS: CITY COUNCIL STAFF: INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALI EGIANCE ROLL CALL: all members were present. 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath & George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Franc, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Record- ing Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and O t h e r Items of Business as published. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 7, 1984 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of t h e City Council Meeting held Tuesday, February 7, 1984, as published. Mot i o n carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Receive 10V Petition for Tanager Creek Improvements and Authorize preparation of Plans and Specifications, I.C. 52-060 Resolution No. 84-33) C. 2nd Reading of Ordinance No. 15-84, zoning from Rural to Commercial Regional Service on 3.36 acres for a bank buildina_and adoption of Resolution No. 84-32, approving Men Glen 4th Addition subject to Specific Conditions .. Location: northeast quadrant of Singletree Lane and Glen Lane. D. Permission to advertise for bids for Staring Lake Park Trail - Construction Phase II. MOTION: Tangen moved, seconded by Redpath, to approve items A - D on t h e C o n s e n t Calendar. Motion carried unanimously. City Council Minutes -2- February 21, 1984 City Manager Jul He noted a petition from the residents of Rowland Road reousting a study of their sub-sector of the City. Bentley said he felt Hakon Torjesen's concern was whether or not the Carmel proposal fits in with the overall plan for this a-ea. MOTION: Bentley moved, seconded by Anderson, to direct Staff to do a study plan of the Rowland Road sub-sector of the City (including sewer and water, road alignments, etc.) Tamen asked Planning Director Enger if he thought Staff could have a report ready in two weeks. Enger said he was somewhat taken aback by the request since Staff had net with area residents/property owners to discuss the impact Carmel Addition would have on their properties. At that time the property owners indicated they were going to engage the services of a site planner so their individual properti, could be preplanned. Penzel said he thought the Council and the residents would benefit if a "blob" map of the area was available as a means of formulating an under- standing of what might be. Don Brauer, planning consultant, said Carmel Addition can be considered as the "hole in the donut." Hakon Torjesen, 6605 Rowland Road, stated the City's Planning Department is very busy; perhaps the City would be willing to hire Brauer as a consultant. Enger said he felt there might be a dis- crepancy between what the City is going to do and what the residents want done. He noted the City will not be doing a detailed POD plan. VOTE ON THE MOTION: Motion carried unanimously. IV. PUBLIC HEARINGS A. PRAIRIE CENTER BUSINESS PARK by Opus Corporation. Request for Planned Unit Development Concept for 17.4 acres for three office/warehouse buildings. Location: southeast quadrant of West 78th Street and Prairie Center Drive. (Resolution No. 84-34 - PUD Concept Approval.) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Michelle Foster, Assistant Director of Planning and Governmental Affairs for Opus Corporation, addressed the request. Director of Planning Enger said this proposal had been reviewed by the Planning Commission at its January 23, 1984, mmeting at which time it recommended approval subject to the recommendations included in the January 20, 1984, Staff Report. He noted this is a very sensitive piece of property; the Commission would not approve the plan in the form as shown to the City Council. He said the Commis- sion felt this site should be the site which offers the transition from indus- trial and therefore should be, at least in appearance, an office site with buildings of brick and with truck bays enclosed and away from view. He said the Planning Commission approved the plan subject to specific review in the future prior to rezoning. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this request at its February 6, 1984, meeting and had discussed land use rather than land development. It had voted to recommend approval subject to the recommendations in the Staff Report of Jan- uary 20, 1984. City Council Minutes -3- February 21, 1984 Penzel questioned the grading plan referred to by Foster. Director of Public Works Dietz said there was no clear answer as to what had been previously approved by the Council -- whether a final or interim grading plan had been approved. The interim grading plan contemplated removal of 200,000 cubic yards of material of which the City needed the majority; the City Council had approved of this proposal. Dietz indicated the City has removed 150,000 cubic yards already -- this is being used to surcharge Technology Drive -- and another 50,000 cubic yards is still needed. This will bring the total to 200,000 cubic yards. However, 50,000 - 80,000 cubic yards could still be generated off that site and still fall within the interim grading plan. He indicated that what Opus is asking for is within the terns of what had been approved, but something which he was not comfortable with approving administratively. Penzel asked where this additional material would go. Dietz said on the west side of Prairie Center Drive; it would remove most of the material which needs to be removed, but it would not make the site "site ready". Penzel asked what the development schedule is. Foster said it would be over a three year period, a two building/site development. Penzel asked if Opus Corporation was averse to building buildings over two stories. Foster said they are aiming at a market that needs and wants two or three story buildings; she noted that the Opus II project has buildings which appear to be office buildings rather than industrial. Bentley said he felt this site was the "keystone entrance" to the Major Center Area and the Purgatory Creek Recreational Area and should be reviewed in terms of what is the highest and best use for this property. He said he felt this would indicate office rather than industrial usage. He also noted he would not like to see any additional grading on the site. Redpath concurred. Tangen asked what the condition of the site would be after the grading has been done. Dietz said it would be made to look as natural as possible. Redpath asked what type of use was intended in these buildings. Foster said she thought the intention was to fill the sites with those who would use them as their coporate headquarters and would be at that particular location for a number of years. She noted it would be high quality industrial use. Foster said if the percentage of office use is a question, Opus might be able to come up with something which would offer more office and less industrial space. She indicated that if an entirely office use was intended then Opus might not be interested in this site. She said they are willing to talk about what per- centage should be used for office, but that they are talking about a predominante7 high quality industrial use. Anderson said he did not think the issue of phasing had been adequately addressed. Penzel suggested this be reviewed further by Staff and then come back to the Council. MOTION: Redpath moved, seconded by Tangen, to refer this to Staff for further review and continue the Public Hearing to March 6, 1984. The Council's concerns are: the transitional use of the northeast parcel, the desire to have pure office space available on this site, and buildings should be of two or more stories. Motion carried unanimously. The consensus of the Council was to proceed with the interim grading plan. City Council Minutes -4- February 21, 1984 8. VERNON HILL ESTATES by Countryside Investments, Inc. Request for Zoning District change from Rural to 111-13.5 and preliminary plat of approximately 16 acres for 29 single family lots. Location: southeast quadrant of Duck Lake Trail and County Road 14. (Ordinance No. 16-84 - zoning and Resolution No. 84-22 - preliminary plat.) City Manager Jullie said notice of this Public Hearing had been published and adjacent property owners had been notified. Ron Krueger, representing the proponent, addressed the request. Planning Director Enger said the Planning Commission had reviewed this proposal at its meeting on January 23, 1984, and had recommended approval subject to the recommendations included in the Staff Report of January 20, 1984. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this at its February 6, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the January 20, 1984, Planning Staff Report. Anderson asked if all the scenic easements in the City are the same. Enger said the wording has been standardized. Redpath asked how long the cul-de-sac is. Enger said 1,000 feet. There were no comments from the audience. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 16-84. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 84-22, approving the preliminary plat of Vernon Hill Estates for Countryside Invest- ments, Inc. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 12114 - 12409 MOTION: Redpath moved, seconded by Penzel, to approve Payment of Claims Nos. 12114 - 12409. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Marketing Plan for the Cummins/Grill Homestead Jeff bite and Dick Lynch were present on behalf of the Historical & Cultural Cominission. Holte spoke to the Marketing Plan as outlined in the attachment to the memorandum dated February 16, 1984. Holte reviewed the progress the Committee has made to date. Bentley asked if the Committee would like assistance from a local business. Holte said it would appreciate any help available. City Council Minutes -5- February 21, 1984 Redpath said he felt this was a giant step in the right direction and is what the Council had been looking for from this Committee. He commended the Committee for its work. VII. APPOINTMENTS A. BOARD OF APPEALS & ADJUSTMENTS - Appointment of I representative to serve i -three-year term effective March 1, 1984. The name of pick Lynch was placed in nomination. MOTION: Bentley moved, seconded by Tangen, to close the nominations and to cast a unanimous ballot for Dick Lynch to serve on the Board of Appeals & Adjustments for a three year term effective March 1, 1984. Motion carried unanimously. B. BUILDING CODE BOARD OF APPEALS - Appointment of 1 representative to serve a three year term effective March 1, 1984. The name of Donald Hadd was place in nomination. MOTION: Bentley moved, seconded by Anderson, to close the nominations and to cast a unanimous ballot for Donald Hadd to serve on the Building Code Board of Appeals for a three year term effective March I, 1984. Motion carried unanimously. C. DEVELOPMENT COMMISSION - Appointment of 2 representatives to serve three year terms effective March 1, 1984. The names of Marvin LaGrow and Peter Stalland were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for the appointment of Marvin LaGrow and Peter Stalland to serve on the Development Commission for three year terms effec- tive March 1, 1984. Motion carried unanimously. D. FLYING CLOUD AIRPORT ADVISORY COMMISSION - Appointment of 1 citizen repre- sentative, I Flying Cloud Businessman, and 1 MAC representative to serve three year terms effective March 1, 1984. The names of F.E. Shafer, Larry Degner, and Tim Callister were placed in nomination. MOTION: Redpath moved, seconded by Anderson, to close the nominations and to cast a unanimous ballot for the appointment of F.E. Shafer as citizen rep- resentative, Larry Degner as Flying Cloud Businessman representative, and Tim Callister as MAC representative to serve on the Flying Cloud Airport Advisory Commission for three year terms effective March 1, 1984. Motion carried unanimously. City Council Minutes -6- February 21, 1984 E. HISTORICAL & CULTURAL COMMISSION - Appointment of 2 representatives to serve three year terms effective March 1, 1984. The names of Carole Heel and Gerald Johnson were placed in nomination. MOTION: Redpath moved, seconded by Tangen, to close the nominations and to cast a unanimous ballot for the appointment of Carole Hod l and Gerald Johnson to serve on the Historical & Cultural Commission for three year terms effective March 1, 1934. Motion carried unanimously. F. HUMAN RIGHTS & SERVICES COMMISSION - Appointment of 2 representatives to serve three year terms effective March 1, 1984. The names of Doug Beardsley and Pinky Bramwell were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for the appointment of Doug Beardsley and Pinky Bramwell to serve on the Human Rights & Services Commission for three year terms effective March 1, 1934. Motion carried unanimously. G. PARKS, RECREATION & NATURAL RESOURCES COMMISSION - Appointment of 2 rep- resentati ves—lo serve three year terms effectiveMarch 1, 1984. The names of Jesse Schwartz, Morris Cook and Linda Golle were placed in nomination. Upon tabulation of the ballots Morris Cook and Jesse Schwartz were selected to serve. MOTION: Anderson moved, seconded by Redpath, to cast a unanimous ballot for the appointment of Jesse Schwartz and Morris Cook to the Parks, Recrea- tion & Natural Resources Commission for three year terms effective March 1, 1984. Motion carried unanimously. H. PLANNING COMMISSION - Appointment of 2 representatives to serve three year terms effective March 1, 1984. The names of Dennis Marhula, Diane Gramling and Virginia Gartner were placed in nomination. Upon tabulation of the ballots Dennis Marhula and Virgina Gartner were selected to serve. MOTION: Bentley moved, seconded by Redpath, to cast a unanimous ballot for the appointment of Dennis Marhula and Virginia Gartner to the Planning Commission for three year terms effective March 1, 1934. Motion carried unanimously. 2;1 7: City Council Minutes -7- February 21, 1984 I. CHARTER STUDY COMMITTEE - Appointment of members to serve on the Charter Study Connittee. The names of Marty Jessen, Willie Emry, Fred Hoisington, Ruth Charchian, Jullianne Bye, Dave Osterholt, Daniel Foth, George Bentley, Paul Redpath, Carl Jullie (ex officio) and Dick Fecrick were placed in nomination. There was discussion as to the number of appointees as well as to whether there should be an even or odd number of appointees. MOTION: Anderson moved, seconded by Bentley, to appoint Marty Jessen, Willie Emry, Ruth Charchian, Jullianne Bye, Dave Osterholt, Daniel Foth, George Bentley, Paul Redpath, and Carl Jullie (ex officio) to the Charter Study Committee. Dick Feerick will be asked to serve as a supernumerary. Motion carried unanimously. J. RILEY PURGATORY CREEK WATERSHED DISTRICT BOARD - Nomination of William Sault and James Cardinal to the Riley Purgatory Creek Watershed District Board. MOTION: Bentley moved, seconded by Redpath, to recommend to the Hennepin County Board that the names of William Sault and James Cardinal be placed in nomination for appointment to the Riley Purgatory Creek Watershed Dis- trict Board. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel requested an update on the Kurtz Lane beekeeping issue. City Manager Jullie reviewed what has happened to date. City Attorney Pauly noted that beekeeping is a permitted use in an R1-22 District only because it is not commercial and has been there since the inception of the Code. He stated that the question at this time is wha can be done to assure that the owner only has a certain num- ber of hives on his property. Pauly said research into the bee dropping problem has shown that the droppings are from insects other than bees. He noted that this situation would be made easier if there were a general complaint from the neighbors but this is not the case. Penzel said the complaining neighbor has noted that the City Code excludes beekeeping in a residential zone; the Code seems to be rather specific since it is an agricultural use in what is a resi- dential zone. Pauly said that prior to adoption of the Code in 1982, there was no reference in the Ordinance to beekeeping. Because there was no reference defining beekeeping as an agricultural use then the raising of bees in small numbers would be incidental to a residential use. When the Code was adopted in 1982 a portion of Chapter 9 was also adopted which stated that it is unlawful except where it was a non-conforming use. Penzel asked Pauly if this meant it Was then "grandfathered" in. Pauly said that was right. City Council Minutes -8- February 21, 1984 Enger reviewed the involvement of the Planning Department and the Zoning Administrator in this issue. Penzel said he would request Staff to draft a concise communication to the complaintant stating what the City will or will not do in this instance. City Attorney Pauly said he would take care of the matter with an appropriate letter. B. Report of City Manner 1. Discussion on Snow Removal Policy City Manager Jullie called attention to his memorandum of February 16, 1984, in which he addressed the City's Snow Removal Policy in re- sponse to a letter from the Mitchell Heights Townhomes Association. Tangen asked if perhaps the City should be looking at equipment similar to that used by the City of Edina which allows the plow operator to stop snow from going into driveways. The concensus was that this type of plow is only used on graders and would not be effective on the equip- ment which is available in Eden Prairie at this time. Tangen suggested that the City look into what might be the latest technology in the snow removal area when it is purchasing new equipment. MOTION: Tangen moved, seconded by Anderson, to reaffirm the present snow removal policy. Motion carried unanimously. 2. Memo from the Municipal Legislative Legal Counsel City Manager Jullie called attention to a memorandum distributed this evening in which opinions and information were elicited by the Munici- pal Legislative Legal Counsel. This information will be used in assist- ing counsel in formulating legislation and legislative action. Jullie noted that special lobbying efforts will take place on March 1st and 15th. On March 1 there will be a meeting along with a dinner and recep- tion at the St. Paul Hotel. On the 15th the schedule will begin with a breakfast from 8 - 9:30 a.m, at the Radisson Plaza Hotel; from 9:30 - 11:30 a.m. there will be meetings with legislators at the capitol; and from 11:30 to 1:30 there will be a luncheon at the Radisson Plaza Hotel. Jullie also noted a meeting of the commission to be held on Thursday, March 1, 1984, at 5:30 p.m. at the Roseville City Hall. This is the regular meeting time. 3. Joint Meetia_with Planning Commission City Manager Jullie said the Planning Commission had discussed meeting times at its last meeting and had agreed that March 6th would be an acceptable time. MOTION: Bentley moved, seconded by Redpath, to hold a Joint Meeting with the Planning Commission at 6:30 p.m. on Tuesday, March 6, 1984, in the School board ROOM at 8100 School Road. This meeting will be prior to the regular meeting of the City Council. Motion carried unanimously. City Council Minutes -9- February 21, 1984 C. Report of Ci_ty Attorney There was no report. D. Rtport of Director of Community Services 1. Proposed Cash Park Fee Increase Director of Community Services Lambert spoke to his memorandum of February 10, 1984, in which he addressed the proposed Cash Park Fee Increases. He said this matter had been discussed by the Develop- ment Commission at its meeting on February 10th at which time property owners were invited to express their views on the increases. He noted that, in general, the property owners are in favor of the proposal. Walter Carpenter, Minnesota Tree, expressed his appreciation to City Manager Jullie and Lambert for their flexibility in this matter. He felt that those present at the Development Commission meeting represented the majority of the property owners affected by the increase. He said he felt the proposal as it now stands is liveable. MOTION: Anderson moved, seconded by Bentley, to approve the increase in the Cash Park Fees as outlined in Director of Community Services Lamberts memorandum of January 25, 1984, and to amend the Fee Resolu- tion (Resolution No. 84-12) to reflect these changes. Motion carried unanimously. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 9:50 p.m. Motion carried unanimously. r CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 6, 1984 CONTRACTOR (MULTI-FAMILY & COMM.) Bradley Building Corp, Landico, Inc. Metro Metals, Inc. Wm. Poppenberger & Son CONTRACTOR (1 & 2 FAMILY) Country View Builders, Inc. Developers Construction, Inc. Excel Builders Goodwin Builders, Inc. Gustafson & Associates, Inc. Willard Eggan & Sons Eiden Construction, Inc. Jarip Builders King Construction Darley March McKlyn Construction, Inc. Terrance Murphy Construction Jon Rohs Construction Woodsmen Construction, Inc. PLUMBING Abrhahmson Plumbing Loren Brown Plumbing Cal-Mech, Inc. D. C. Mechanical J. R. Kelly Plumbing & Heating Neiman Plumbing & Heating Soothtown Plumbing, Inc. Standard Plumbing A Appliance Dale Sorenson Company Hayes Contractors Murphy Pluihing & Heating Horwitz, Inc. WILL DRILL ING GAS FITTER Carver Heating & Air Conditioning, Inc. Farmers Heating & Cooling, Inc. Fredrickson Heating & Air Conditioning Gas Supply, Inc. Hayes Contractors Hoffman's, Inc. Horwitz, Inc. J&H Gas Services Kleve Heating & Air Conditioning. Inc. Midland Heating & Air Conditioning Murphy Plumbing & Heating Northern Propane Gas Co. George Sedgwick Heating & Air Cond. Dale Sorenson Company HEATING & VENTILATING Carver Heating & Air Conditioning, Inc. Farmers Heating & Cooling, Inc. Fredrickson Heating & Air Conditioning . Hayes Contractors Hoffman's, Inc. Horwitz, Inc. Kleve Heating & Air Conditioning, Inc. Midland Heating & Air Conditioning Preferred Sheet Metal Riccar Heating & Ventilating George Sedgwick Heating & Air Cond. UTILITY INSTALLER Mickelson Plumbing, Inc. Nova Frost, Inc. REFUSE HAULER Ray's Trucking Service MECHANICAL GAMES E. H. Renner & Sons Dependable Well Co. Alladdin's Castle, Inc. These licences have been approved by the department heads responsible for the licer.sed activity. ( • Pat Sorrie, Licensing 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, A.ENDING 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 Planned Unit Development 1-84 District (hereinafter "PUD 1-84), which includes the R1-13.5 Zoning District. Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , 1984, entered into between Hans Hagen Homes, Inc. and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 1-84, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. POD 1-84 is not in conflict with the goals of the Guide Plan of the City. B. POD 1-84 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 POD 1-84, are justified by the design of the development described therein. D. POD 1-84 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 Planned Unit Developaent 1-84 District, and the legal descriptinns of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph 8, shall be and are aoended aecordingly. Section 6. City Code Chapter I entitled "General Provisions and Definitions r,pplicable 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 7. This Ordinance shall become effective from and after its pas.,ege 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. PeriiiTTMayor PUBLISHED in the Eden Prairie News on the day of Exhibit A DESCRIPTION OF CARMEL PUD That part of the Northwest quarter of the Northeast quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota, lying South of a line drawn from a point on the West line thereof, distant 230 feet South from the Northwest corner of said North- west quarter of Northeast quarter to a point on the East line of said Northwest quarter of Northeast quarter, distant 840 feet South from the Northeast corner thereof. Except that part des- cribed as beginning at a point in the West line of said North- west quarter of Northeast quarter distant 984.10 feet South fiom Northwest corner thereof; thence East at right angles 142.97 feet; thence deflecting to the right 84 degrees 51 minutes 26 seconds a distance of 234.58 feet; thence Southwesterly along a line which if extended would intersect the West line of North- east quarter 327.55 feet South of point of beginning to a point 33 feet East measured at right angles from said West line; thence South parallel with said West line to the South line of Northwest quarter of Northeast quarter; thence West 33 feet; thence North to point of beginning.• That part of the Southwest quarter of the Northeast quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota, lying North of the centerline of Rowland Road and West of the East 584.10 feet thereof. Except the West 16.5 feet thereof. Part of the North 330 feet of the East 584.1 feet of the South- west quarter of the Northeast quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota. Carmel Addition PUD-1-84-DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1984, by and between Hans Hagen Homes, 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 58.1 acres for Planned Unit Development (PUD) District review rezoning of 43.3 acres from Rural to R1-13.5-PUD-1-84, (with variances), and preliminary plat for 87 single family residential lots and a 14.8-acre park, based on plans dated December 20, 1983, attached hereto and made a part hereof as Exhibit 8, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said entire 58.1 acres hereinafter referred to as "the property," and; NOW, THEREFORE, in consideration of the City adopting Ordinance 111-84, PUD- 1-84, and Resolution #84-3, 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 revised develop::i.:mt plans dated Docember 20, 1983, reviewed and approved by the City Council on January 3, 1984, and attached hereto as Exhibit 13, 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 mode a part hereof. r•cg) 3. City agrees to purchase that area of the property designated as Park in accordance with the terms and subject to the conditions of the purchase agreement between the Developer and City, a copy of which is attached hereto as Exhibit D, which purchase agreement shall be executed by the parties as of the date of this agreement. 4. Developer agrees that no graded areas shall be left unrestored at any time during the development process and Developer further agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits prior to any grading upon the property. Developer also agrees that trees removed, damaged or destroyed within 50 ft. outside of the construction area, measured to be twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level, shall be replaced by similar tree species, diameter inch for diameter inch (i.e. a Red Oak 12 inches in diameter may be replaced by three Red Oaks four inches in diameter). The trees used for replacement shall be no less than three inches in diameter. Prior to issuance of any building permit, Developer shall submit to the Director of Planning, and receive the Director's approval of a tree inventory indicating the size, type, and location of all trees lost, damaged, or destroyed during construction within 50 ft. outside of the construction limits, along with a replacement plan for said trees. This restriction shall not apply to building pads for houses upon the property. 5. Developer shall obtain the necessary permits from Hennepin County for access and utility work within the County road right-of-way prior to construction on the property. 6. Prior to issuance of any building permit, Developer shall submit to the City Engineer, and receive the City Engineer's approval of the following: A. An erosion control and slope stabilization plan. B. Detailed storm sewer plans for the property. C. Detailed sanitary sewer and water plans for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, Section II, attached hereto. 7. Prior to issuance of any building permit, Developer shall submit to the Director of Community Services, and receive the Director's approval of, a plan showing five-foot wide concrete sidewalks in the following locations: A. Along the north side of Carmel Ridge Road. B. Along the east side of Carmel Valley Road. C. Along the north side of the unnamed road extension between Lot 1, Block 5, and Lot 54, Block 4. Upon approval by the Director of Community Services, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the Director of Community Services, in accordance with Exhibht C, Section II, attached hereto. 8. In implementation of the Planned Unit Development, and as variance from certain provisions imposed by City Code Chapter 11, City authorizes the following variances for the property: Side yard setbacks of 5 ft. on the garage side of the single family homes and 10 ft. on the other side of the single family homes, with a minimum of 15 ft. between homes. 9. Developer shall pay to the City a sum of $20,000 to offset the increased maintenance costs for Rowland Road as a result of anticipated construction traffic. Once paid, the developer is relieved of any further obligation for street maintenance. This sum shall be paid prior to award of the contract for improvements within the property, or prior to release of the final plat, whichever comes first. 10. All construction traffic for public improvements or home building contractors, shall use that portion of Rowland Road between Carmel Valley Road, the major north-south road to be constructed on the property, and Old Shady Oak Road, accessing and departing the site from the east, only. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE Wolfgang H. Penzel, Mayor UFf -J:-EffiiTC -Tty STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1984, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager, of the City of Eden Prairie, a Minnesota municipal corportation, on behalf of the corporation. Notary Public Hans Hagen Homes Hans Hagen, President STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1984, by Hans Hagen, the President, Hans Hagen Homes, Inc., a 'triTri'liCi --C-61,:rToVation, on behalf of the corporation. OWNERS' SUPPLEMENT TO PUD-1-84-DEVELOPER'S AGREEMENT BETWEEN HANS HAGEN HOMES, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1984, by and between Ernest and Julia Larson, husband and wife, Donald and Evelyn Uherka, husband and wife, and Roger and Abigail Farber, 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 #84-3 for a preliminary plat approval and Ordinance #PUD-1-84 changing the zoning of the property owned by Owner from Rural to PUD-1-84-R1-13.5 as more fully described in that certain Developer's Agreement entered into as of , 1984, by and between Hans Hagen Homes, Inc., and City, Owners agree with the City as follows: 1. If Hans Hagen Homes, 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 agreement from the transferree requiring that such to the terms of the Developer's Agreement. shall obtain an transferee agree Erna Larson Julia Larson "J ')9,11 'J‘f STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1984 by Ernest Larson and Julia Larson, husband and wife. Notary Public Donald Uherka Evelyn Uherka STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1984, by Donald Uherka and Evelyn Uherka, husband and wife. Notary Public Roger Farber Abigail Farber STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1984, by Roger Farber and Abigail Farber, husband and wife. Notary Public CITY Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, and —tari—J. Jullie, _ the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public Carmel Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-19 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 1-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 1-84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1984; 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. 1-84, 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. 1-84 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 , 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk 1):1 :=_; Carmel Addition The following is the full text of the City of Eden Prairie Ordinance No. 1-84, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on March 5, 1984. 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. 1-84 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 REVERENCE 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 Planned Unit Development 1-84 District (hereinafter "PUD 1-84"), which includes the R1-13.5 Zoning District. Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1984, entered into between Hans Hagen Homes, Inc. and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 1-84, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 1-84 is not in conflict with the goals of the Guide Plan of the City. B. POD 1-84 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 PUD 1-84, are justified by the design of the developm,-:nt described therein. D. PUD 1-64 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 here5y is, rved from the Rural District and shall be included hereafter in the Pldnned Unit h...:velopmnt 1-S/1 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 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 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , and finally read and adopted and ordered published at a regular meeting of the 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 Sumilary of Developer's Agreement: Carmel Addition by Hans Hagen Homes Developer will develop the land as described in Exhibit A which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 2. 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. 3. 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. 4. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 5. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 6. Application of the Developer's Agreement to transferees of the land. 7. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 8. Notice to the City's cable franchise. 9. Developer shall sell to City the area designated as Park on Exhibit B. 10. Developer shall leave no graded areas unrestored at any time. Construction limits shall be fenced; trees removed, damaged, or destroyed within 50 ft. outside of construction limits shall he replaced, but this shall not apply to areas designated for building pads for houses. 11. Developer shall obtain permits from Hennepin County for access and utility work within the County road right-of-way prior to construction on the property. f2. Developer shall submit to City Engineer, and receive City Engineer's approval of an erosion control and slope stabilization plan, detailed storm sewer plans, and detailed sanitary sewer and water plans for the property, said improveents, upon approval, to be constructed in accordance with Exhibit C. 13. Developer shall submit to the Director of Community Services, and receive the Director's approval of plans for five-foot wide concrete sidewalks along the north side of Carmel Ridge Road, along the east side of Carmel Valley Road, and along the north side of the unnad road extension between Lot 1, Block 5, and Lot 54, Block 4, said sidewalks, upon approval, to be constructed in accordance with Exhibit C. 14. Developer shall pay the sum of $20,000 to offset the increased maintenance costs for Rowland Road due to construction traffic. Once paid, Developer is relieved of further obligation for street maintenance. This sum shall be paid prior to award of the contract for improvements on the property, or prior to release of the final plat, whichever comes first. 15. Developer shall limit construction traffic to that portion of Rowland Road between Old Shady Oak Road and Carmel Valley Road, accessing and departing the site from the east, only. 16. In implementation of the Planned Unit Development, City authorizes the following variances: Side yard setbacks of 5 ft. on the garage side of the single family homes and 10 ft. on the other side of the single family homes, with a minimum of 15 ft. between homes. 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 , 1984. Uehn D. Frane, City Clerk Wolfgang H. Penzel, Mayor March 6, 1984 CITY or EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-43 • RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS IN PHASE I OF CARMEL ADDITION BE IT RESOLVED by the Eden Prairie City Council: • 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed public improvements have petitioned the City Council to construct said improvement s and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on Mar c h 6 , 1 9 8 4 . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMP_ROVFMENTS TO THE E6EN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and hutein petition for the Eden Prairie City Council to proceed with making the following described improvements: (General Location) X Sanitary Sewer .Cannel Plat First Phase Walermain X Storm Sewer . X Street raving X _ Other Sidewalk Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to he held on said improvements, and further state and agree that the total cost of said inprovements shall be specially as- sessed against the property described below in accoidance with the City's special asscssment policies. We further understand that the preliminary, estimated total cost for the said improvements is. _ • Street 7,ddre5s or other Legal Description of Property to be Served Cannel Plat First Phase Names and addresses of retitioners (Must be owners of record) Julia Larson Ernest L. Lars° Eve lyn Mork a si(4 064) CuPit Oa) Fr4.£/st Donald D. Ube rk a X — Abigail F. Father Ioger Et Farber „ . (Inns Hagen Domes , Inc. _.Its-u1S....T..._11acien (Fro . City Ono) flat e Pt•coiv,3 ,../r.., Project No. c.5 -( i i Ccrp it Ott . .n11. March 6, 1984 CITY OF EDEN PRAIRIE -HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-42 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR CARMEL ADDITION/VICINITY . WHEREAS, a petition has been received and it is proposed to make the following improvements; Sewer and Water Extension to serve the Carmel Addition & Vicinity I.C. 52-059A and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on March 6, 1984. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk 3 Liu CITY OF LDEN PRAIRIE, MInnESOTA PEllTIOP FOR IncAL IMPROVYMEUT To The Eden Prairie .City Council: The undersiglied property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (Oeneral Location) _A Sanitary Sewer —To_Surve -Carmol —nat, Nat c cma Storm Sewer Street Paving Other Street Address or Other Legal Description of Names of Petitioners Property to be Served Mast Be Property Owners) Julia C. Larson Ernest L. Larson -EiPIyi Uhéik a - Dbii1ar5: _ V " y a i /17 X P.e .gef 96,41E0 COPIES ettfa nnnn flans flagon Ponies, Inc. _., ',By. Bans.. T—llagen ,-Jr .-- (For City Use) Date Nceiver) Project Vo. /4 Crnincil Consi ,ieia!is.n ' Vernon Hill Estates CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-84 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 R1-22 District and shall be placed in the Office 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 8, 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. 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 U. Franc, City Clerk Wolfgang H. Penzel, Mayor PT:MASHED in the Eden Prairie News on the day of CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOrA RESOLUTION NO. 84-40 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF VERNON HILL ESTATES FOR COUNTRYSIDE INVESTMENTS, INC. FOR 29 SINGLE FAMILY LOTS ON 16 ACRES BE IT RESOLVED that the proposal for a Vernon Hill Estates by Countryside Investments, Inc., for 29 single family lots on approximately 16 acres, located in the southeast quadrant of Duck Lake Trail and County Road #4, is herein approved subject to the following specific conditions: 1. The development plan, preliminary plat, and erosion control and grading plan, all dated February 17, 1984, and attached hereto shall apply. 2. Prior to issuance of a building permit, developer/owner shall: A. Submit to the Planning Department appropriate documentation for the scenic easement within the easterly 150 ft. of Lots 14 and 15. B. Receive approval from Hennepin County for access to County Road #4. The final plat shall reflect any revisions or addition of turn lanes and/or acceleration lanes as required by the County. C. Receive a permit from Hennepin County for work within the right-of- way. D. Receive Watershed District approval and follow the recommendations of the Watershed District. E. Pay the required Cash Park Fee. ADOPTED by the City Council on , 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk MEMORANDUM TO: 1HRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Robert A. Lambert, Director of Community Services Stephen Calhoon, Park Planner March 1, 1984 Neighborhood Park Playstructure Bids On Febraury.29, 7984, staff received and publicly read bids for neighborhood play- structures to be installed at Red Rock Park and High Trails Estates Park (168th Street). Bids were received from six reputable playstructure manufacturers. The bidding procedure for this project was approached in a way that would best allow the sales representativestoutilize each play component to its maximum play value. Staff provided a program of desired play activities and a conceptual plan to each bidder. A budget figure of $4,500 for each structure was not to be exceeded. This price includes installation. Each proposal was evaluated by comparison to the City program requirements through a weighed matrix system (see attached chart). The Community Services staff recommends that the proposal from Big Toys, Inc. be approved, as it most nearly meets the requirements of the plan and program. This structure will provide the type of play activities desired for the intended user, children of elementary school age. PROGRAM COMPONENTS OF PLAYSTRUCTURE MANUFACTURER OF PLAYSTRUCTURE C.4 0 •., 3 . 0 g 4-) 0 :4 ?24 ,-.:i c..0 .... - o 0 'r) .,-1 .. . , 0 a-- .5c u u -, 0 ;-. 0 ..... T'J -..g o 7:: 0 .... 0 • o. C) 1 0 ! o i --. n ., i 4. 1 ° 0. •., ''' 7 0 14 0 0 r4 -o o 0 7.-= .'4- 0 P' g' 0 {.. 0 ,..) C4 71 t (-. Cost Staff Comments Hilan Creative Playstructures 3 1 3 3 3 3 0 3 2 20 $8,832 Good program in height of deck Big Toys 3 1 3 1 3 3 3 3 3 2 23 9,000 Completes program Landscape Structures 3 1 2 3 3 3 2 3 3 22 8,420 Limited play value of cargo net Game Time 3 2 2 3 3 2 2 2 19 8,859 Structure is disjointed Miracle 3 1 3 2 i 3 1 0 2 2 16 8,906 Questionable overall play quality Quality 3 1 1 1 2 2 I 0 0 21 2 i I I 1 12 7,720 Questionable overall play quality SCORING/WEIGHING SYSTEM 3 = Excellent 2 = Acceptable 1 = Unsatisfactory 0 = Non-existing March 6, 1984 CITY OF EDEN PRAIRIE HLNNEPIN COUNTY, MINNESOTA RESOLUTION NO. R 84-47 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR I.C. 52-061, PAULSEN'S 1st ADDITION/VICINITY WHEREAS, a petition has been received and it is proposed to make the following improvements; I.C. 52-061, Sanitary Sewer Extension for Paulsen's 1st Addition and Vicinity and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of RCM and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasi- bility of the proposed improvements. ' ADOPTED by the Eden Prairie City Council on March 6, 1984, Wiilfgang H. Penzel,--Mayor ATTEST: SEAL John D. Franc, Clerk CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie Cit.}, Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (General Location) X Sanitary Sewer FrOM Valley_View_Rd—south_on_proposed_Liv Watermain Lane to Paulsen's ls.t_Addition Storm Sewer Street Paving Other Street Address or Other Legal Description of Names of Petitioners Property to he Served (Must Be Property Owners) Paulsen's Addition Development_ I (For City Use) Date Received 2- 1 - t';`/ Project No. I Co.:Twit Ccnsi.Drtion March 6, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-46 • RESOLUTION APPROVING FINAL' PLAT LAKE HEIGHTS ADDITION WHEREAS, the plat of Lake Heights Addition in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statute:. 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 Ordinances 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 Lake Heights Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated February 28, 1984. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six month maximum tire elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. 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 Registrar of Titles for their use as required by NSA 462.358, Subd. 3. D. 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. E. That the Mayor and City Manager are herby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADDPTED by the City Council on March 6, 1984. Wo lfgang fE —Penie-1 , 14-a-icTr ATTEST SEAL John D. franc, Clerk 9)0 • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, ,Engineering Technician /Led) DATE: February 28, 1984 SUBJECT: LAKE HEIGHTS ADDITION PROPOSAL: The developer, Universal Land Corporation, is requesting City Council approval of the final plat of Lake Heights Addition. The plat consists of 25 lots and 2 Outlots within approximately 22 acres. Outlots A (approximately 1.8 acres) and B (approximately 3.0 acres) are intended for multiple use and will be platted at a later date. The developer will retain ownership of the Outlots. This division is a replat of Outlot R, Lake Eden and is located in the North 1/2 of Section 23. The division is consistent with the original preliminary plat and zoning approval for the parcel. HISTORY: Ordinance No. 79-04 zoning Outlots A and B to RM 6.5 and Blocks 1 and 2 to RI 13.5 was finally read and approved by the City Council on April 7, 1981. The preliminary plat was approved by the City Council on February 6, 1979, per Resolution 79-26. The Developer's Agreement referred to within this report was executed on April 5, 1981. An extension of the two year development condition to April 5, 1984, was authorized by the City Council on April 5, 1983. VARIANCES: A variance from the requirements of City Code 12.20 Subd. 2.A waiving the six month time lapse between the approval date of the preliminary plat and filing of the final plat will be necessary. The final plat now submitted conforms to the approved preliminary plat. All other variances not covered through the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities will be installed by the Developer throughout the plat in conformance with City Standards. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. PG. 2, Final Plat Lake Heights Addition BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Lake Heights Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $575.00. 2. Receipt of street lighting fee in the amount of $3,744.00. 3. Receipt of Engineering fee in the amount of $750.00. 4. Satisfaction of Bonding requirements. 5. Changing the name of the cul-de-sac to an approved name other than Waterford Drive. DLO:sg 1.; TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A.'Dietz, Director of Public Works," DATE: March 1, 1984 RE: .Easement'Agreement with MWCC Included on the March 6, 1984, Council agenda is the item to authorize an agreement with the Metropolitan Waste Control Commission (MWCC) regarding easements. The purpose of this agreement is to afford rights and protection to MWCC for the 60" diameter trunk sewer which falls within the boundaries of a piece of property we are presently acquiring through condemnation. Condemnation procedures are underway for the parcel of property at the northwest corner of the intersection of Valley View Road and Interstate 494. This parcel will eventually become the location of the southbound off ramp from 1-494. During the condemnation process, we reached an understanding with the MWCC which will allow the trunk sewer to remain in place and provide them access for maintenance, etc. The result of this understanding Is in the form of the attached agreement. The Staff recommends approval of the agreement and authorization for the Manager and Mayor to execute the document. EAD:sg .41 -1 ;J.) AGREEMENT This Agreement is entered into this day of 1984, by and between the CITY OF EDEN PRAIRIE and METROPOLITA N WASTE CONTROL conmIssIoN. • ARTICLE I RECITALS Section 1.10. Parties. Section 1.11. MCC. Metropolitan Waste Control Commission (hereinafter referred to as "MWCC") was established and is operated pursuant to Minn. Stat. g473.501 et sea. It is charged with the treatment of sewage, industrial and other wastes which have been discharged to its system within the metropolitan Minneapolis-St. Paul and suburban area. , Section 1.12. City. The City of Eden Prairie (hereinafter referred to as "City") is a municipal corporation organized and existing under the laws of the State of Minnesota. Section 1.20. Subject Pronertv. MWCC is successor to the Southwest Sanitary Sewer District Board, grantee from William R. Malecker & Mary M. Malecker, John K. Teman & Jean M. Teman & Daniel B. Magraw & Jean Magraw, of a 50 foot perpetual easement ("Easement to MWCC") for sanitary sewer purposes over and across the following described property . (hereinafter referred to as "Subject Property"): Government Lot 2 and the Northeast Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, according to the Government Survey thereof. The centerline of the easement (to MCC) is described as follows: Commencing at the meander corner in the north line of Government Lot 1 in said Section 11; thence North 88°04'02" East, along the North line of said Section 11, to a point therein 20 feet Easterly, as measured at right angles, from the Easterly line of Interstate Highway No. 494; thence South 18°30'03" East a distance of 2052.96 feet; thence Southwesterly a distance of 182.34 feet along a tangential curve concave to the Northwest having a radius of 116.08 feet and a central angle of 90 0 00 1 00 0 ; thence South 71 0 29 1 57" West, tangent to said curve, a distance of 217.31 feet; thence Southwesterly and Southeasterly a distance of 47.94 feet along a tangential curve concave to the Southeast having a radius of 30.52 feet and a central angle of 90°00'00", to the point of beginning of the centerline 'to be described; thence South 18°30'03" East, tangent to said curve, a distance of 306.48 feet; thence South 1°30'20" East a distance of 813.13 feet, and said centerline there terminating. Together with a 50 foot perpetual easement for sanitary sewer purposes over and across the first above- described property. The centerline of the easement (to MWCC) is described as follows: Beginning at the terminus of the above-described centerline: thence South 1°30'20" East a distance of 600.00 feet; thence southerly a distance of 66.31 feet along a tangential curve concave to the Northwest having a radius of 116.08 feet and a central angle of 32°43'40"; thence South 31°13'20" West, tangent to said curve, a distance of 50.00 feet, and said centerline there terJAnating. • Section 1.30. The Project. The City of Eden Prairie has undertaken to acquire control of various real estate for public right-of-way, road-way and ramp construction •purposes (hereinafter referred to as the "Public Improvement Project"). Section 1.40. The Condemnation. The City commenced condemnation proceedings to acquire fee title, including the above described easement interest of MWCC, to the following described property (hereinafter referred to as the "Condemnation Parcel"): That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 116, Range 22 lying Northerly of the Northerly line of the right-of-way of County Road Number 60 and Northerly and Westerly of the Northerly and Westerly lines of the right-of-way of U.S. Hiyhway Number 494 as described in Document Numbers 3677302 and 3723053, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof. Section 1.5. Purnoe,e of thi Aareement The parties hereto wish to compromise their differences in this Agreement in order to enable the granting by MWCC to the City of surface rights previously he)d by the MWCC in the Condemnation Parcel, 2 but subject to the (i) reservation by the Commissio n o f i t s subsurface rights in the Condemnation Parcel; (ii) reser v a t i o n b y MWCC of the right to access the Condemnation Parcel o v e r t h e surface to perform maintenance activities on its fa c i l i t i e s located beneath the surface of the Condemnation Parcel; ( i i i ) a n indemnity agreement by the City in favor of MWCC; and ( i v ) t h e payment by the City of cash in an amount sufficient t o c o v e r permit fees anticipated to be required by the State of M i n n e s o t a Department of Transportation (MnDOT) from MWCC as a con d i t i o n t o the issuance of permits for access to the Condemnati o n P a r c e l from time to time. ARTICLE II AGREEMENT NOW THEREFORE, In consideration of the premises and 't h e i r mutual promises, the parties hereto hereby agree as follow s : Section 2.1. YileCC Grant Easement to City. MCC hereby agrees to deliver to City a properly executed, recorda b l e q u i t claim deed (the "Deed"), in the form attached hereto as E x h i b i t A granting a surface easement in the Condemnation Parcel, r e s e r v i n g subterranean easement rights in the Condemnation Parcel t o M W C C , reserving to MiXC the right to gain access to the Cond e m n a t i o n Parcel in accordance with Section 2.3 hereof, and subje c t t o t h e duty of City, its successors and assigns, as holder s o f t h e easement interest - created in said deed to indemnify, defend, and hold MWCC harmless in accordance with Section 2.4 o f t h i s Agreement. Section 2.2. Dismissal of Condemnation. The City hereby agrees to dismiss MWCC as a party to the above-d e s c r i b e d condemnation proceeding, with prejudice. Section 2.3. Aceers to Ccndemnation Parcel. The Deed shall provide that MWCC thereby reserves the right to, f r o m t i m e to time, gain access to the surface of the Subject Prop e r t y f o r purposes of maintenance, repair, construction and reco n s t r u c t i o n of its facilities for sanitary sewer purposes located wi t h i n t h e Subject Property, MWCC agrees to obtain permits from MnDO T b e f o r e entering the surface of the Condemnation Parcel except w h e r e t h e need for emergency repairs prevents MWCC from waiting un t i l s u c h a permit may be obtained. KWCC agrees that, when enter i n g t h e Condemnation Parcel for emergency repairs it shall gi v e M n D O T notice of its intention to do so. Section 2.4. City' Incicernitv Agreement. City hereby agrees that said Deed shall impose upon the grantee of t h e D e e d , 3 and its successors and assigns as holder of the easement interest therein contained, to defend, indemnify and hold MWCC harmless from any loss or damage which MWCC, or its officers, employees, or agents may incur by reason of the construction of the Public Improvement Project. Section 2.5. Reimbursement of Fees. In recognition of a likelihood that MWCC will be required from time to time to pay amounts to MnDOT in order to obtain the issuance of permits by MnDOT enabling MWCC to gain access to the Condemnation Parcel, the City of Eden Prairie hereby agrees that it will, upon delivery. by MWCC of the Deed, pay MWCC $300.00. METROPOLITAN WASTE CONTROL COMMISSION By HOLMES-& GRAVEN, CHARTERED By By David L. Graven Robert J. Lindall Attorneys for Metropolitan Waste Control Commission 470 Pillsbury Center Minneapolis, Minnesota 55402 Its Its LANG, PAULY & GREGERSON, LTD. By Roger A. Pauly Richard F. Rosow Attorneys for City of Eden Prairie 4108 IDS Center Minneapolis, Minnesota 55402 CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager 4 EXHIBIT A A 50 foot perpetual easement for sanitary sewer purposes contained within Tract 1. Tract 1 is described as follows: That part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, Hennepin County, Minnesota, lying north of County Road No. 60 and lying west of U.S. Interstate Highway No. 494; and that part of Government Lot 2 in said Section 11 lying west of U.S. Interstate Highway No. 494. The centerline of said easement is described as follows: Commencing at the meander corner in the north line of Government Lot 1 in said Section 11; thence North 88 degrees 04 minutes and 02 seconds East, along the north line of said Section 11, to a point therein 20 feet easterly, as measured at right angles, from the easterly line of Interstate Highway No. 494; thence South 18 degrees 30 minutes and 03 seconds East a distance of 2052.96 feet; thence southwesterly a ,distance of 182.34 feet along a tangential curve concave to the northwest having ar adius of 116.08 feet and a central angle of 90 degrees 00 minutes and 00 seconds; thence South 71 degrees 29 minutes and 57 seconds West, tangent to said curve, a distance of 217.31 feet; thence southwesterly and southeasterly a distance of 47.94 feet along a tangential curve concave to the southeast having a radius of 30.52 feet and a central angle of 90 degrees 00 minutes and 00 seconds, to the point of beginning of the centerline to be described; thence South 18 degrees 30 minutes and 03 seconds East, tangent to said curve, a distance of 306.48 feet; thence South 1 degree 30 minutes and 20 seconds East a distance of 813.13 feet, and said centerline there terminating. Reserving a 50.00 foot wide permanent subterranean easement for sanitary sewer purposes under and across Government Lot 2 and the 1 Northeast Quarter of the Southwest Quarter, a l l i n S e c t i o n 1 1 , Township 116 North, Range 22 West, Hennepin Co u n t y , M i n n e s o t a a n d contained within the above described Tract 1. T h e c e n t e r l i n e o f said easement is described as follows: Commencing at the northwest corner of the southwest quarter of said Section 11; thence North 87 degrees 44 minutes 40 seconds East, assumed basis for bearings, 1589.13 feet along the north line of said southwest quarter; thence South 1 degree 56 minutes 53 seconds East 207.73 feet to the point of • beginning of the centerline to be described ; thence North 1 degree 56 minutes 53 seconds West, 334.08 feet; thence North 18 degrees 56 minutes 36 seconds West, 42.00 feet and there terminating. The top plane of said easement is elevation 87 9 . 0 0 f e e t N a t i o n a l Geodetic Vertical Datum 1929. Further reserving the right to gain access to t h e s u b t e r r a n e a n easement tract herein reserved by crossing o v e r a n d u p o n t h e easement tract herein conveyed, for purpose s o f m a i n t e n a n c e , repair, construction and reconstruction of Gra n t o r ' s f a c i l i t y f o r sanitary sewer purposes within the subterrane a n e a s e m e n t t r a c t , provided that Grantor agrees to obtain permit s f r o m t h e S t a t e o f Minnesota, Department-of Transportation befor e e n t e r i n g u p o n t h e surface of the easement tract herein convey e d e x c e p t w h e n t h e need for emergency repairs to Grantor's said f a c i l i t i e s p r e v e n t s Grantor from waiting until such a permit ma y b e o b t a i n e d ; a n d further provided that Grantor, when entering t h e s u r f a c e e a s e m e n t tract herein conveyed for emergency repair s , s h a l l g i v e s a i d State Department of Transportation notice of G r a n t o r ' s i n t e n t i o n to enter the easement tract herein conveyed. Grantee, as a condition of Grantor's conveyan c e o f s a i d e a s e m e n t and, by acceptance of said easement, agre e s t h a t t h e h e r e i n conveyed grant of easement imposes upo n G r a n t e e a n d i t s successors and assigns as holder of the ease m e n t i n t e r e s t h e r e i n conveyed, the duty to defend, indemnify and h o 3 d G r a n t o r h a r m l e s s from any loss or damage which Grantor, its of f i c e r s , e m p l o y e e s , or agents, may incur by reason of the const r u c t i o n o f p u b l i c richt-of-way, roadway and ramp improvements u p o n t h e s u r f a c e easement tract herein convoyed, or adjacent the r e t o . March 6, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-45 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNALS AT FLYING CLOUD DRIVE AND SHADY OAK ROAD (I.C. 52-057) WHEREAS, a resolution of the City Council adopted the 7th day of February fixed the 6th day of March, 19 84 as the date for a public hearing on the following proposed improvements. I.C. 52-057; Traffic Signals at the Intersection of Flying Cloud Drive and Shady Oak Road WHEREAS, ten days published notice of the Council hearing through two weekly publications of the required notice was given and the hearing was held on the 6 day of March, 1984 at which all persons desiring to be heard were given an oppor- tunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 6th day of March , 1984 • 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of BRW, Inc. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor All SEAL -John D. Yr;inc, Clerk K LEER - FLO COMPANY ,teNtgACI(AIR5 PAItIS a CAVING PROAUCIS 69/0 611ADY OAX 00/10 • (IAN PliA0116, M161til 501A f.5:144 • (612)941.6710 February 13, 1984 Eden Prairie City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Public Works Improvements I.C. 52-057 Gentlemen: With reference to the proposal to install a traffic signal at the intersection of Shady Oak Road and Flying Cloud Drive, we feel that the signal will have the same harmful- effect as the stop sign on Shady Oak Road which caused excessive traffic 'conjestion. We do, however, feel that a stop sign should replace the yield sign on Flying Cloud Drive where traffic from Flying Cloud Drive merges into the traffic on Shady Oak Road. Under present circumstances hardly anyone pays any attention to the yield sign causing many near accidents. If the yield sign is replaced by a stop sign, this would eliminate the need for costly traffic signals which according to your report, would be only temporary anyway. Very truly yours, YUFF, -FLO COTANY allace L. Hilgren President Parker Hannifin Corporation Plews Division 6775 Shady Oak Road Eden Prairie, MN 55344 USA Phone (612) 944 7255 February 16, 1984 Mr. Rodney W. Rue City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Rue: We concur with the petition that the traffic signals would both increase safety and improve traffic flow. Your estimated cost and allocation method are reasonable. Please check one point for us. The property I.D. 42-0008, which is ours, is listed as being owned by M. G. Astleford. Mr. Astleford was a prior owner and I am puzzled that his name is still associated with the property. Yours truly, ) S. A. Sekely Controller/ SS:mfm cry truly your John E. Schuett TSIC tr. Iciitiztt intme.nt company February 16, 1984 Mr. Rodney W. Rue, Design Engineer 8950 Eden Prairie Road Eden Prairie, MN 55344-2499 RE: Traffic Signals at Shady Oak Road & Flying Cloud Drive Dear Mr. Rue: As owner of the building known as "Prairie Square", located at 10175 Crosstown Circle, and a motorist who faces the subject intersection periodically, I would like to indicate my support for the installation of the traffic signals. JES:slm o'!.:3. c;-!0 MENDEU;Snl IN AVE/ ag: • GOL:7411 .4 VALLEY, 1.11.14.N. :.V.;427 • 1.612 1 f.:;41.5-'1E. EIOSVULO PfiC2E1ITY GeM9ANY 7100 Washington Avenue South Eden Prarie, MN 55344 612-944-6550 February 14, 1984 TO: Eden Prairie City Council RE: I.C. 52-057 - traffic signals Shady Oak & Flying Cloud Date of Hearing: March 6, 1984 In response to the Feasibility Report of the Eden Prairie City Enginerr, following herein are comments taking exception to the plan of Eugene Dietz, dated January 31, 1984. Eidsvold Property Company is the owner of the land parcel, I.D. #11-0003. We do not dispute the basis for the project, petitioners' concern for safety. Appropriate traffic control devices are a natural outgrowth of increased population and commerce, such aS: Eden Prairie has experienced in the past six years. We take exception, however, to the assumption that a traffic signal, necessitated for reasons of safety, results in a property value increase or "property improvement." We think an assessment to property owners generally domiciled in the industrial park is inappropriate. Besides the fact that safety should properly be a general community-wide concern, the charge to the businesses being proposed is wrong for at leasttwo other reasons: 1. Eden Prairie receives state-aid for its road system on a shared basis from state motor vehicle revenues. At least one of the roads at the intersection is a state-aid road. - 2. Substantial tax benefits derive to the City of Eden Prairie and its school district far in excess of the costs to the City of the subject properties. Very probably there is no other area of equal acreage that yields, collectively, as much tax revenue per square foot as does the proposed assessment district. In view of these two points, it seems inapsropriate to assess the cost to the owners rather than pay the cost from general City revenues. If the Council persists in assessin.e - the signals as an improve- ment to the 1.»•operti. , then we take exception to the estimates of 1 -he is i P!3 gene rated to and fees our property via the subject intereerti on. c note spec 1 f ica]] y that property on the east side Avenue e xcM.Idod 1,cat.11;e it lies in Edina. We also no he prop ,' r to the vest of Highway 169 is excluded. We sulmit these properties not included develop, also, significant '! • A., apg, Eden Prairie City Council traffic. Therefore, the 10 share of the cost based on just 1250 vehicle trips from these excluded properties and the general through traffic is such too low an estimate. We further submit the engineer errs in his assumption that our property is responsible for 96 trips per day through the affected intersection. We do not think we are responsible for causing a total of 385 trips in the area, but cannot prove it wrong. We can accept his number for the sake of establishing an equitable estimated base. We do know, however, nearly all of our trips exit and enter at Valley View Rd and Highway 18. It should be obvious from looking at the map included in the report that we would have little, if any reason to use the Flying Cloud - Shady Oak intersection. To • say that 255 of the traffic generated to and from our property would use that intersection is a patently erroneous assumption. The number of trips we are calculated to sponsor through the subject intersection is 96. A more accurate estimate would be 8 or 10 daily trips. By comparison, some property owners domiciled . on flying Cloud, south of the subject intersection would appear to have no choice but to enter or exit through the intersection. In those cases, where the only access to the public roadways is via Flying Cloud Drive, 100% of their traffic must go through the intersection! It seems like this should have been considered by the engineer. :Insummary, we agree that a traffic light might be warranted for current and future safety considerations. We agree that spending money for further detailed traffic studies should not be necessary. We do not believe it appropriate to make a general assessment of nearby property owners. The area already generates a fair return to the city in its taxes, and the State shares some highway revenue with the City for projects of this nature. We do not agree with the allocation of so-called benefits in the recommended assessment pattern in the ev.nt assessments are required. ' These written comments are being submitted in advance in order that individual council members may consider the proposal and our concerns in advance of the hearing. We also suggest other area taxpayers consider their own positions. Very tru]y yours, EIDSVOLD PROPERTY COMPANY • v 'A 0 0 ---,, ti' P/ Robert H. Eidsvold, Jr., Partner CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-37 RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREENS FOR THE KERR COMPANIES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Village Greens for the Kerr Companies, dated January 27, 1984, consisting of 12.84 acres for 112 residential units, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the , 1984. day of Wolfgang H. Penzel, Mayor ATTEST: -John D. Frane, City Clerk %L4 IV. DEVELOPMENT PROPOSALS A. VILLAGE GREENS, by Kerr Companies. Request for Site Plan Zoning Amendm2nt for 120 condominium units on 12.84 acres. Location: Northwest quadrant of Valley View Road and Golf View Drive. A continued public meeting. Mr. Rob Martinson, Kerr Companies, reviewed the changes made to the site plan since the January 9, 1984, Planning Commission meeting. He explained that the number of units had been reduced from 138 to 122; density was now 9.5 units per acre; the floor area ratio was 0.31; sidewalks had been included in the plan as directed by the Comnission; approximately 42 units would be walk-outs, with the rest slab on-grade; the circulation changes were made to alleviate traffic problems; the additional utility information was provided; and, the landscape plan had been provided in detail. Planning Cormission Minutes 2 January 23, 1984 Mr. Herb Baldwin, representing proponent, reviewed the detail of the landscape plan for the site, pointing out the key locations for screening of parking and screening from the adjacent, differing uses and public roads. Mr. Dick Wolsfeld, BRW traffic consultants for proponents, reviewed the traffic impact resulting from the amended site plan. He pointed out that the increase in traffic on Valley View Road would be approximately 10%, while the increase in traffic on Golf View Drive would be approximately 15-20%. Staff reviewed the recomnendations of the Staff Report evaluating the revised request. Marhula asked if the reconstruction of Valley View Road at the entrance to the project would be done by the property owners. Mr. Martinson stated that no final determination had yet been made. Planner Enger pointed out that the traffic report from BRW clearly indicated a need for reconstruction of this intersection. He added. that the remaining questions revolved around payment and timing of the work to be done. Hallett stated that the current traffic situation in this area was difficult and that he would not want to see this project proceed without this traffic matter being rectified. Mat..ula askA if .:4.e Enginee had made any co .ents rn the entrance islands. Planner Enger stated that their usual position was to have them removed; however, this may be a workable situation. Hallett asked if the homeowners' association would be required to handle the maintenance of the islands. Staff stated that they would and added that the developer's agreement could be structured in such a way to assure that the City could assessback the costs of maintenance against the property owners in the event the City was required to handle the maintenance. Acting Chairman Gartner asked for questions and comments from members of the audience. There were none. . MOTION: Motion was made by Marhula, seconded by Hallett, to recommend to the City Council approval of the Site Plan and Zoning Amendment for 122 condominium units on 12.84 acres for the Village Greens project by Norm Kerr, based on plans dated January 16, and 18, 1984, and subject to the recommendations of the Staff Report dated January 20, 1984, with #4 of the recommendations to be changed to read as follows: The development shall not proceed without the reconstruction of Valley View Road at the intersection with the planned public road to provide proper sight distance to the ' intersection;" and the addition of #9. The developer's agreement shall provide for maintenance responsibilities by the homeowners' association, and, in the event the City is requested to take over these responsibilities, assessment of the costs back to the owners. C n A /A B. VILLAGE GREENS, by Kerr Companies. Request for Site Plan Zoning knendment for 138 condominium units on 12.84 acres. Location: Northwest quadrant of Valley View Road and Golf View Drive. A public meeting. Mr. Rod Markin, and Mr. Bob Martinson, the Kerr Companies, reviewed the request with the Commission, explaining the history of the proposals on the site and the site and proposed development features. Mr. Martinson stated that the units nuld be sold in the range of S69,500-$77,000, depending upon the unit chosen. He added that, according to the traffic study prepared by BRW, the impact upon the roads in the vicinity would be approximately 35% less than the previously epprbved 212 apartments units for the site. Mr. Martinson stated that, according to people in attendance at a neighborhood meting held hy the developer, the Golf View Drive intersection with Valley View Road was a dangerous intersection. The other matter of concern was stated as the sight distance from the intersection of the proposed project west along Valley View Road. Planning Commission Minutes 6 January 9, 1984 Staff reviewed the recommendations of the Staff Report regarding the project, pointing out that, due to the design of the site, many areas of the project were "tight" causing parking, traffic, and visual problems. Marhula asked if a plat would be required at some time in the future for this site. Mr. Martinson stated that, based on discussions with Staff, a plat would be necessary and the developer would be returning to the Commission at a later date with that request. Chairman Bearman stated that he felt it was important that public roads be built within this site due to its size. Marhula stated that he concurred. Chairman Bearman asked for questions and comments from members of the audience. There were none. Marhula noted that there were several areas where parking spaces were located behind garages and where garages located near other garages would create the potential for blocking of cars into areas. He suggested the developer review these location - and try to relocate the parking spa,.es to av .d blocking a car i.co a space or garage. The Commission expressed concern about the number of units with views of large parking areas and the fact that only single car garages were available to the future tenants of the structures. The Commission asked the developer to consider redesign to rectify these situations. MOTION: Motion was made by Marhula, seconded by Gartner, to continue the public hearing and return the materials to the proponent for revision per the recommendations of the Staff Report of January 6, 1984, and the recommendations of the Planning Commission from the January 9, 1984, meeting. Motion carried-5-0-0 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: February 17, 1984 PROJECT: Village Greens LOCATION: Northeast quadrant of Valley View Road and Golf View Drive APPLICANT: Norman Kerr FEE OWNER: Edenvale REQUEST: Preliminary Plat approval to subdivide 12.84 acres to accommodate 122 condominium units (Note: Refer to Planning Staff Report of January 20, 1984, attached) Background The Planning Commission recommended cYPI approval of a proposal by the Kerr Companies involving a site plan and zoning district amendment within an RM-2.5 zoning district for 122 177 condominium units at the January 20, RM.2 1984, meeting. At that meeting, the proponents indicated they would return to the Planning Commission with the request for Planned Unit Development District Review and preliminary plat, since the interior loop road was redesigned to conform to public standards, and several variances were needed relative to front yard setbacks for parking, garages, and buildings. Staff initially thought that the variances could be accommodated under a Planned Unit Development District Review, however, the project acri:age si7e (12.84 acres) IS less than the minimum 15-acre land area requirement for Planned Unit DovelopJlents as identified by current land use regulations. Van lances also cannot be handled 71:0 PROPOSED SITE /..,/ 81-I 1V28 ,RM-257 / 'OFC\C-COVS RM 25 ,421 Z9-0 1 1 11 1 PUB 1_1 LI 1: REA 1._(:)(DiVi -i(ji! MAP 1 -2PFK , „, Village Greens Staff Report 2 February 17, 1984 under the original PUD for Edenvale since the original PUD did not identify any variances. Since variances will not be possible under PUD District Review, the proponent must appear before the Board of Appeals. This project is currently scheduled for the March 8, 1984, meeting. The January 20, 1984, Staff Report recommends that the preliminary plat should include a redesign of right-of-way at the entrances at Golf View Drive and Valley View Road so that there is at least 11 ft. of boulevard from edge of curb in all cases. It was also recomnended that the center islands should be platted as outlots to be retained in ownership by the homeowners' association, with a snow storage easement for the City over the islands. No structures would be allowed within the City right-of-way. The initial site concept dated January 16, 1984, identified center islands at both entrances to the site. The preliminary plat has been revised such that the center island on Bedford Drive has been removed. V4-14-eite—Coeeris—R-et+f—Report -2-- -Febr--uor-y-47T-1-984 The preliminary plat has been prepared in accordance with the minimum requirements of the City's ordinances relative to subdivision regulations. RECOMMENDATIONS The Planning Staff would recommend approval of the request for preliminary plat, based on plans dated January 16, 1984, revised January 27, 1984, subject to the following conditions: Compliance with Staff recommendations as outlined in the Staff Reports dated January 20, 1984. 2(() Village Greens Staff Report 2 January 20, 1984 The developer has submitted a plan and profile of Valley View Road, which clearly illustrates that the profile of Valley View Road and the planned access for the new public street will have to be reconstructed in order to provide proper sight distances. This will be the developer's responsibility. The developer has also agreed to construct the interior public loop street as a part of the first phase of the development. A sidewalk will extend northwesterly from the peak of the public road loop, along the southwest side of the private drive, extending up past the tot lot toward the northern units. A five-foot wide concrete sidewalk will be constructed along Valley View Road and along Golf View Drive within the respective right-of-ways by the proponent. Variances The introduction of the public road into the center of the project will require front yard setback variances as depicted on the site concept sheet dated January 16, 1984. These front yard setback variances occur according to the following conditions: 1. Parking would be permitted within eleven feet of the right-of-way line. This allows eleven feet of boulevard from the back of the City curb, plus eleven feet minimum to the parking, for a total of 22 ft. for green island area, which is adequate area for snow storage and screening. You will notice that this is a minimum condition, which only occurs along an entire parking frontage once. This condition exists on the west side of the western leg of the public road for the most southerly unit. The balance of the units' relationships to the public road occur within eleven feet as a minimum flairing out to a wider distance. 2. In eight different instances, the developer is requesting the end of a garage be allooted to be within eleven feet of the street right-of- way. When viewed as a portion of the total building massing, this amount of variance is not significant and is reasonable when looked at in the total context of the site design. 3. There are five instances where the end unit of a building is within 30 ft. of the right-of-way line. This occurs in situations where the floor plan of the unit places the bathroom or utility room at this 30 ft. setback line. Building #12, which occurs at the northeast quadrant of the intersection of the new public road and Golf View Drive, violates this request by five feet and will have to be modified. The developer will have to request processing for preliminary plat request and Planned Unit Development District Review to supplement the RM-2.5 zoning district to allow these front yard setback variances. Garages and Parking The Planning Comission had requested that additional garages be added to the plan to provide for more than one enclosed parking space per unit. The developer has added 'Tore attached garages to the ends of the buildings and added free-standing ,ln 1 Village Greens Staff Report 3 January 20, 1984 garages for a total of 147 garage spaces for 122 units. 36 of the 122 units are walk-outs, which show in the floor plans as having basements. The basement option for that portion of units will help relieve the demand in the single garage to utilize the garages for storage, thereby making them unavailable for parking. The homeowners association documents preclude the storage of recreational vehicles on the site. All on-street parking has been eliminated and the number of free-standing parking spaces is 119. A lighting plan has been submitted, which clearly delineates the location of lighting and will provide good coverage throughout the site. A revised storm sewer plan has been submitted and illustrates additional coverage of private drive and parking areas by a storm sewer and catch basin inlet system. Landscaping A detailing master plan, showing overstory and understory tree plantings, which deals with the overall major spatial relationships of the project, has been submitted. Additional evergreen plant material should be included in this plan for the relationship between the northeastern units and the single family homes to the north. In addition, more detailed landscaping should be submitted prior to building permit issuance that provides for screening of the parking areas from the public road within the median areas created. Screening may be accomplished through the use of berming, plant material, fencing, or a combination of any, or all of the above. Tot Lot The developer has provided an area approximately 50 ft. by 70 ft. in size in the northwest corner of the project, which will be connected to the sidewalk system, for a tot lot area. Since this tot lot area occurs completely surrounded by parking lot, it will be necessary to fence the entire lot and carefully design it with the entrance in a safe location. Supervision will be necessary for those tots five years old or under, and benches should be provided in the design of the tot lot area for that to occur. The tot lot area seems large enough to accommodate a hard surfaced game court area, and this 0ou1d be incorporated into the final design. The final design of the tot lot area should be submitted for review and approval by the Director of Community Services. The tot lot must be constructed before, or concurrent with, construction of Phase II as shown on the phasing diagram dated January 18, 1984. SW.'w;RY The project has undergone significant revision and has addressed each concern that the Planning Commission identified. The relationship of the units to the periphery of the project and to each other within the project, and the curb side appeal of the units, has been enhanced significantly by the redesign of the project. Introduction of free-standing garages within the project is not overdone, and it occurs at locations, which will provide an interesting architectural diversity within the project. Village Greens Staff Report 4 January 20, 1984 REC0NENDAT1ONS: The Planning Staff would recommend approval of the req u e s t f o r t h e s i t e p l a n a n d zoning amendment for 122 units of condominiums, based o n p l a n s d a t e d J a n u a r y 1 6 , 1984, and January 18, 1984, subject to the following: 1. Developer must return to the City with a preliminary p l a t a n d P l a n n e d U n i t Development District Review request. 2. Prior to building permit issuance, detailed landscaping p l a n s f o r e a c h p h a s e must be submitted, which provide screening of the parki n g a r e a s f r o m p u b l i c roads. 3. The tot lot must be constructed prior to, or concurrent w i t h , P h a s e I I o f the project. The final tot lot design is subject to the re v i e w a n d a p p r o v a l by the Director of Community Services. 4. The developer is responsible for the reconstruction of V a l l e y V i e w R o a d a t the intersection with the planned public road to pro v i d e p r o p e r s i g h t distance to the intersection. 5. Concrete sidewalk along Valley View Road, Golf View Driv e , a n d t h e i n t e r i o r public road, according to the plans dated January 16, 19 8 4 , a n d J a n u a r y 1 8 , 1984, is required. 6. Additional evergreen plantings are required in Phase IV o f t h e p r o j e c t a t the northeast boundary between the single family uni t s a n d t h e p l a n n e d condominium units. 7. The preliminary plat should include a redesign of the r i g h t - o f - w a y a t t h e entrances on Golf View Drive and Valley View Road so tha t t h e r e i s a t l e a s t eleven feet of boulevard from the edge of curb in all c a s e s . T h e c e n t e r islands planned should be platted as outlots to be retai n e d i n o w n e r s h i p b y the homeowners' association, with a snow storage easem e n t r u n n i n g t o t h e City over the islands. No structures would be allowed w i t h i n t h e C i t y r o a d right-of-way. 8. The developer must submit plans to thePuroatorv Creek W a t e r s h e d D i s t r i c t for review and approval and notify the City and Watershe d D i s t r i c t 4 8 h o u r s prior to grading. STAFF REPORT TO: FROM: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUESTS: Planning Commission Chris Enger, Director of Planning January 6, 1984 Village Greens (Revised) Northwest quadrant of Valley View Road and Golf View Drive Norman Kerr Edenvale Site Plan Amendment and Zoning District Amendment within the RM-2.5 Zoning District from 212 apartment units to 138 condominium units on 12.85 acres (NOTE: Refer to the Planning Staff Report of October 21, 1983, attached.) Background The proponent had previously requested a site plan amendment, preliminary plat, and Planned Unit Development District Review of the 12.85-acre site that had originally been zoned in 1972 as part of the Shadow Green Apartments for three apartment buildings and a total of 212 units. The request in late 1983 was to amend the site plan to a different architectural building type, which would provide 110 condominium units on the site. The condominium proposal was withdrawn by the proponent at the initial Planning Commission meeting. The current request is for a zoning amendment and site plan amendment of the 1972 RM-2.5 apartment plan to allow construction of 138 condominium units in six- and eight-unit buildings, in 19 separate buildings. This proposal differs dramatically from the proposal received in October, 1983. The condominium proposal of 1983 provided double-car garages for almost every unit. The buildings were much more r,assive in scale, being three stories in height in many cases, with very high- pitched, European-style roofs, bringing heights of some parts of the buildings to over 50 ft. The overall site plan was oriented toward open space, either toward the golf course north and west, or clustered around the knoll in the center of the site, with the open space flowing toward the north. By contrast, this proposal increases the number of units by 23 and utilizes the entire site, rather than leaving an open space area in the center. It also utilizes a different unit type which is two stories in height, with some two-story walk-outs toward the center of the project where the terrain allows. The concept of parking has changed radically with this proposal--there are no double-car garages provided for any of the units. All single-car garages • are planned, but the amount of free-standing guest parking spaces is increased Village Greens Staff Report 2 January 6, 1984 dramatically. In the original proposal, there were approximately 198 garage parking stalls for 110 units, with 251 spaces being provided in total. Most of the free- standing spaces were provided as on-street parking. In addition, there was approximately one-half space per unit provided as a free-standing space; therefore, the flexibility of guest parking and overflow parking was very limited. The current project really improves upon this by changing the ratio of exterior parking, thereby making more parking available to more than just individual condominium owners. Approximately one and one-quarter free-standing parking stalls are provided per unit in addition to the single car garage. However, the current proposal provides n o flexibility to allow buyers to purchase more than one garage stall per unit. In a project of this size, the Planning Staff feels that this could be a handicap in a community that traditionally supports at least two cars per household. Land Use The Comprehensive Guide Plan shows this area as Medium Density Residential and the site is zoned RM-2.5, which would allow up to 17 units per acre. The current proposal is for 10.74 units per acre. The developer has not applied for a preliminary plat with this submission; however, Planning Staff would anticipate, due to the phasing of the project, that a preliminary plat would be requested at some point in the future. Without the benefit of the developer's proposal of a preliminary plat, it is impossible to evaluate whether or not a preliminary platting of the project could be accomplished without setback variances. The setbacks around the perimeter of the site required by City Code are adhered to by the developer. The developer proposes a private road system, which circumvents a normal situation where there would be front yard setbacks from a public road right- of-way. Without the setbacks to use as guidelines, the developer has planned the site in such a fashion so as to create several conditions that are very crowded in the site plan. Building Relationships and Orientations With the change in the Concept Plan from one in which the open space of the golf course was expanded down into the center knoll of the project to one in which all this open space was utilized and 28 units added, problems of tightness arise. The suanary of the October 21, 1983, Staff Report still applies to the current proposal. "The architectural diversity provided in this project is excellent. However, the site plan is very tight, especially on the interior of the site. The site plan could benefit from an opening up of the interior of the site. In order to accomplish this, a reduction in the number of units may be necessary." It is interesting that the developer's response to this general overview of the previous proposal has been to increase the number of units on the site. Areas that are particularly tight are as follows: 1. In the very center of the site, Buildings t9 and #11, which face west and east rescwctively, are parallel to the interior private road. The west- facing building, for most of its 160 ft. length, is approximately 25 ft. off the curb of the main private road serving the development. 25 ft. is the -) )6 Village Greens Staff Report 3 January 6, 1984 width of the private drive, as a point of reference. The east-facing unit has a similar relationship with the private loop road on its north and south ends. In addition, the east-facing unit's walk-out views are of the private loop road and across the street to parking of units and garages of units. Double-fronting of living units is a very poor siting situation, but can sometimes be mitigated, if the distance is great enough to create a reasonably long back yard area. An example of this would be Building #16, which lies just north of the main entrance onto Golf View Drive. This building is planned at an angle to the road, which creates some additional open space area. The double-fronting of units along Golf View Drive is not a good situation, but is sufficiently mitigated by the 35 ft. front yard setback and the additional 20 ft. of City boulevard to the curb-edge of the road. This brings the total oistance to approximately 55 ft., as compared to the 25 ft. distance in the interior double-fronted units. 2. Another area which is symptomatic of the density of the overall site plan is Building #7, which occurs in the northwest corner of the site plan. This building is double-fronted by the parking and garages of Building #5, which lies a minimum of 20 ft. to the west. Parking , The general approach of providing free-standing parking above and beyond the single ( car garage for each unit is to provide this parking completely free-standing from the garage unit, so as not to obstruct covered parking. This is a good way in which to handle site parking. However, due to the tightness of the site, in several cases, such as Buildings #1, #2, #8, #12, #16, and #19, the medians between the free-standing parking areas and the private loop road are ten feet wide, or less. This provides very little green buffer area between the parking areas and the road area and provides very little area for storage of plowed snow, which would come in combination from the private loop road and from the parking lot areas. We would also suggest that any of the parallel or perpendicular parking that is planned as part of the main private loop road should be deleted from the original construction and provided only if found to be necessary after construction of the units. This would amount to eighteen parking spaces out of a total of 174 free- standing spaces provided. It should not cause parking problems. Lfahting As noted in the original Staff Report, street lighting in a project of this size will be necessary, although no lighting plan has been submitted. Utilities The storm sewer system planned is minimal and should be extended into the larger parking court areas, such as the northeast area, the northwest area, and the area along the southwest border of the site. Catch basins should be provided for these private parking lot areas in a similar way as is planned for the parking lot in the center of the site. The Fire Marshall has reviewed the watermain and hydrant system on a preliminary basis. The proponent will need to meet with the Fire Marshall to discuss watermain 9,T) Village Greens Staff Report 4 January 6, 1984 locations and sizes, as well as additional locations for fire h y d r a n t s . Road and Pedestrian Systems The phasing of the plans seems to be done in such a way that t h e m a j o r i t y o f t h e project, Phases I through V, would be served off Golf View Dr i v e , w i t h P h a s e V I occuring in the southwest section of the project completing the p r i v a t e l o o p d o w n t o Valley View Road. We speculate that the reasons for this include t h e n e c e s s i t y f o r road reconstruction of Valley View Road to provide safe sigh t d i s t a n c e t o t h e southern access and the developer's reluctance to become involved i n t h a t p r o j e c t a t this time. However, the Planning Staff would suggest that the a p p r o p r i a t e p h a s i n g of the project would be to orient most of the traffic toward Vall e y V i e w R o a d a n d t o complete a loop system once units are further than 500 feet f r o m a p u b l i c a c c e s s point. Two possibilities for the developer to rectify the poor s i g h t l i n e s i t u a t i o n at this location would be: 1. Reconstruct that section of Valley View Road to an ultimate d e s i g n standard and receive credit against any potential assessment f o r upgrading of Valley View Road; or, 2. Petition for the improvement of Valley View Road from Golf Vi e w Drive to the project's western boundary. The private road should be constructed to City standards with cu r b a n d g u t t e r a n d b e no less than 28 feet in width. The smaller private parking lot l a n e s a n d d r i v e w a y s coming off the main private loop system should be no less than 2 4 f e e t i n w i d t h a n d be ordered with curb and gutter. The site plan should be amended to include an eight-foot wide t r a i l a l o n g t h e V a l l e y View Road right-of-way and a five-foot wide concrete sidewalk a l o n g G o l f V i e w D r i v e . The developer should also design a pedestrian system inter n a l t o t h e p r o j e c t , probably a five-foot wide concrete sidewalk along the one s i d e o f t h e i n t e r i o r private loop road. A new transportation study has not been done for this projec t ; h o w e v e r , w e w o u l d expect the general results of the previous transportation stud y p r o v i d e d b y t h e proponent to be accurate, if increased by the 28 units as propose d . G e n e r a l l y , t h a t traffic study showed 80% of the traffic from the development uti l i z i n g V a l l e y V i e w Road. This would be true, if the phasing were done in such a w a y a s t o r e i n f o r c e this. SUMMARY Although the project now proposed is dramatically different f r o m t h e p r o j e c t reviewed by the Staff in October, 1983, many of the probl:mls i d e n t i f i e d i n t h e review of that project still persist. There is good architectur a l v a r i e t y w i t h i n a comoon architectural style. The scale of the buildings is much l e s s m a s s i v e t h a n the October, 1983, proposal; however, overall utilization o f t h e s i t e i s m o r e intnse than the 1972 approval for 212 apartent units within th r e e b u i l d i n g s . T h e project still suffers from a very tight site plan and, although t h e S t a f f h a d c a l l e d this to the developer's attention several weeks ago, the resultan t p r o d u c t s u b m i t t e d for review had not been revised to rectify this situation. Village Greens Staff Report 5 January 6, 1984 RECOtIMEN.DATIONS The Planning Staff recommends that the Planning Commission return the site plan and zoning amendment request to the proponent in order that the project may be revised in conformance with the following items: 1. The overall number of units should be reduced sufficiently to provide additional room within the site plan to correct the problems of the interior double-fronted lots and the tight relationship between many of the parking areas and the private loop road. 2. The proponent should revise the storm sewer plan and utility plan to conform with the City Engineering requirements and the recommendations of the Fire Marshall. 3. A solution to the Valley View Road access problem should be developed and the phasing plan should be proposed and completed in such a way that no unit would be constructed more than 500 feet from a public access without a complete loop system being constructed. 4. An overall site street lighting plan should be completed and submitted for review. 5. Because of the size of the project, private recreational facilities should be provided on the site in coordination with recommendations made by the Director of Community Services. 6. Sidewalks should be proposed within the plan along Valley View Road and Golf View Drive and there should be a private trail system proposed within the project leading out to these public systems. 7. Parking that is proposed on-street should be deleted in the initial plan and designated as expansion parking only. 8. A detailed landscaping plan showing actual locations, numbers, and sizes of plants should be submitted for review. 9. The storm sewer plan should be amended to provide catch basins for the larger parking lot areass, such as provided in the center parking area. 10. The private loop road should be no less than 28 feet wide and the feeder driveways no less than 24 feet wide. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-38 RESOLUTION APPROVING THE PRELIMINARY PLAT OF KINDER CARE LEARNING CENTER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Kinder Care Learning Center, dated January 9, 1984, consisting of 0.71 acres for a day care facility, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordigances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the , 1984. day of Wolfgang H.-Peni6L- Mayor ATTEST: nii-n-IT-rFirTeT -CIfy—CreFk 3/J Planning Commission Minutes 7 February 13, 1984 D. KINDER CARE LEARNING CENTER. Request for Zoning District Change from Rural to Commercial Regional Service and Preliminary Plat of 0.71 acre for a Day Care Facility. Location: Northeast quadrant of Singletree Lane and Glen Lane. A public hearing. Mr. Bob Fors, representing proponent, reviewed the plans for the day care facility with the Planning Coffmission. He explained that the design of the building was one used in many locations within the United States. Staff reviewed the recommendations of the Staff Report, pointing out concerns about the cupola/bell tower and its compatibility with the other uses within the Eden Glen Planned Unit Development and that development's approved design framework manual. Schuck asked what the purpose of the cupola was to the design of the building. Mr. Fors stated that it was part of the foyer/entry way design. Hallett stated that he agreed with the Staff regarding the cupola, that it did not m-et the design framework manual reo0irements for the ..den G1E1 PlaLaed Ulit Develop At. Gartner stated that she, too, agreed that the conditions of the design framework manual should be adhered to in this case. She stated that she felt the proponent had not offered any compelling information for a change to allow the cupola. Johannes stated that the standards within the design framework manual had already been applied to four other projects within the Eden Glen Planned Unit Development, and that he felt the City should not change direction at this time. Gartner asked if the pitched roof design met the criteria of the design framework manual for this Planned Unit Development. Staff responded that a pitched roof would be more appropriate in a residential area as it was a common roof stifle for residential developments. However, the majority of the buildings in commercial areas had flat roofs. Staff added that there were no other restrictions regarding roofs in the design framework manual, but that the majority of the buildings in the area had flat roofs. MOTION 1: Motion was made by Johannes, seconded by Schuck, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Johannes, seconded by Schuck, to recommend to the City Council approval of the request for Zoning District Change from Planning Commission Minutes 8 February 13, 1984 Rural to Commercial Regional Service for a day care facility for Kinder Care Learning, based on plans dated January 9, 1984, and February 7, 1984, and subject to the recommendations of the Staff Report dated February 10, 1984. Motion carried--5-0-0 MOTION 3 Motion was made by Johannes, seconded by Schuck, to recommend to the City Council approval of the request for preliminary plat for 0.71 acres for a day care facility for Kinder Care Learning, based on plans dated January 9, 1984, and February 7, 1934, and subject to the recommendations of the Staff Report dated February 10, 1984. Motion carried--5-0-0 242_ City Council Minutes -8- ...xember 20, 1983 D. REQUEST FOR HUNICTOAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF S465,000.00 FOKKINDER CARE LEARNING CEN/ERS, INC. (Resolution WO': City Manager Jullie said notice of this Public Hearing had been published and property owners had been informed of the Hearing. Richard Nordlund, representing Kinder Care Learning Center, was present to answer questions. He stated that 100Z of the building will be financed. There were no comments from the audience, MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-299, reciting a proposal for a commercial facilities development project giving preliminary approval to the project pursuant to the Minnesota Municipal Industrial Development Act authorizing the submission of an application for approval of said project to the Energy, Planning and Development Authority of the State of Minnesota and authorizing the preparation of necessary documents and materials in connec - tion with said project (Kinder-Care Learning Centers, Inc. Project.) Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 11054 - 11298 MOTION: Tangen moved, seconded by Redpath, to approve the Payment of Claims Nos. 11054 - 11298. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. . VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Redpath - reported on the recent meeting of the MCA Preserve Area "G" Committee. A proposal for a Burger King at the intersection of Prairie Center Drive and TH 169 had been reviewed and approved by the Committee. B. Report of City Attorney There was no report. C. Report of City Manager City Manager Jullie gave an update as to what had transpired with Richard Miller and his special assessment payment. 2)7 3 Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD 4 4 EDEN PRAIRIE, MINNESOTA 55343 January 18, 1984 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re; Kinder Care Learning Center - Eden Glen Site: Eden Prairie Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District has reviewed the preliminary plans as submitted to the District for the Kinder Care Learning Center - Eden Glen site in Eden Prairie. Because this project is less than 1 acre in surface area, in accordance with Section E(2) of the District's Revised Rules and Regulations, a grading and land alteration permit for this project will not be required. If you have any questions regarding the District's comments, please call us at 920-0655. nItt; ../(1.2 4" Rdber C. 0 ereyer Ziec m "Engineers NC1NEERING 00. Engineers for the District RC0/111 c: Mr. Frederick Richards Mr. Frederick Rahr p c/ CITY OFFICES / S950 EDEN PRAIRIE ROAD / EDEN PRAIRIE, MN 55344 2499 / TELEPHONE (6121 937-2252 February 14, 1984 Mr. Bob Fors 666 W. 78th Street Suite #210 Bloomington, MN 55420 Dear Mr. Fors: At its meeting of February 13, 1984, the Planning Commission acted to recommend approval of the request for a new Kinder Care facility within the Eden Glen Planned Unit Development, subject to the recommendations of the Staff Report of February 10, 1984. This projr -t has beer scheduled for -luncil review and action on MP.ch 6, 1984. Prr to Couu:il review, the .'ollowing plan changes should be made as outlined in the Staff Report: 1. Revise the site plan, placing the trash container, access drive, and handicapped parking stall in conformance with the setback requirements. 2. Provide a drawing showing proof of parking for a total of 24 stalls. 3. Revise the landscape plan using three-inch diameter deciduous overstory trees along the entrances and boulevards. 4. Revise the landscape plan to screen the parking lot from Eden Road, Glen Lane, and Singletree Lane. 5. Revise the site plan to include a five-foot wide, five-inch thick concrete sidewalk along Singletree Lane. 6. Submit color samples of the brick, shingles, and trim to the Planning Department. 7. Revise the architectural elevation from a hip roof to a flat roof building design. 8. Revise the'elevations to remove the cupola/bell tower. 9. Submit detailed exterior lighting information to the Planning Department. Mr. Fors -2- February 14, 1984 10. The fence around the playground shall be of a vinyl covered cyclone fence or board on board type of fence. Please provide us with twelve (12) copies of the amended plans no later than March 2, 1984, so that we may include them in the agenda packets for the Council. If you have any further questions, please contact our office. Sincerely, CITY OF EDEN PRAIRIE Chris Enger Director of Planning. kk ; STAFF REPORT TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner TriTaUGH: Chris Enger, Director of Planning DATE: February 10, 1984 PROJECT: Kinder Care Learning Center APPLICANT: Kinder Care Learning Centers, Inc. FEE OWNER: Jesco, Inc. LOCATION: Northeast quadrant of Singletree Lane and Glen Lane REQUESTS: 1. Zoning District Change from Rural to Commercial Regional Service 2. . Preliminary Plat of 0.71 acres for a day care facility Background The parcel is within the Eden Glen Planned Unit Development (PUD). The approved PUD Concept designates an office land use for the parcel. (See Figure #1) Kinder Care is requesting a Commercial Regional Service Zoning, consistent with the Regional Commercial Guide Plan designation. The Commercial Regional Service District permits commercial service type land uses. The current zoning is Rural. Existing Site Character South of the site is Singletree Lane and an office building. To the north is a vacant parcel, and on the east is a proposed bank. West of the site are single family homes, which are intended to transition to an office/commercial land use in the future. (See Figure #2) The parcel was graded flat with the initial development of the Eden Glen PUD. Soil Correction took place at the time of mass grading. The site drains from the west to the east along 2-8% slopes. No significant vegetation exists on the property. Ordinance Requirements The project meets or exceeds the City Code requirements for minimum lot size, lot width, lot depth, and building height. The trash container is placed within the front yard setback. The access drive and handicapped parking stall are also located within the required 10 ft. setback. `6 1 Kinder Care Staff Report 2 February 10, 1984 The Floor Area Ratio is 0.16, which is less than the 0.20 allowed by Code. Parking The project provides 15 parking spaces, with proof of parking for four additional stalls. If the building were to be converted to a traditional office, Code would require five parking stalls per 1,000 sq. ft. of Gross Floor Area; 24 total spaces would be required. Landscaping/Screening The submitted landscape/screening plan designates plant material types as specified in the Eden Glen Design Framework Manual. The minimum size for all entrance and boulevard deciduous overstory trees is three inches in diameter. The planting schedule calls for three 2-1/2 inch Red Maples. The City Code requires screening of all parking lots, loading, and maintenance areas from public roads. The parcel is surrounded by roads on three sides. No berms are proposed, thus resulting in the need for additional screening, using evergreen trees along Eden Road, Glen Road, and Singletree Lane. The architectural elevations indicate no rooftop mechanical equipment. A cyclone fence is proposed around the playground. Grading/Utilities A minimal amount of grading is proposed. The northwest drainage area is proposed to be a low point. A majority of the site area drains to a catch basin located within this area. A storm water pipe connects to the catch basin, running along the north property line, to an existing storm water pipe in Eden Road. Water, sanitary, and additional storm sewer tie into existing mains located along Singltree Lane. Transportation Auto access to the parcel is from both Singletree Lane and Glen Lane. The alignment of the Glen Lane access coincides with the PUD Concept. The Eden Glen PUD does not include an access to the parcel from Singletree Lane. This additional access provides less restrictive auto circulation. Architecture The Design Framework Manual's primary objective in establishing architectural standards within the Eden Glen PUD was to ensure that the design and construction of individual structures are compatible with adjacent structures and consistent with the overall image of Eden Glen. The Eden Glen PUD currently includes Hardees, DeLaria's Chicken, proposed Sheraton Inn, and First State Bank. These structures all have flat roofs. The exterior treatment of Kinder Care is a brown brick with a dark brown shingled hip roof. The proposed hip roof design is not architecturally consistent with the flat roof architecture within the PUD. A flat roof design, similar to the Kinder Care located within Burnsville, would be visually Kinder Care Staff Report 3 February 10, 1984 complimentary to these adjacent developments. The bell tower located at the entrance of the main structure is approximately 23 ft. high, covered with red aluminum shingles, with an open cupola at the top. The bell tower, a symbol of the old school house and the architectural symbol of Kinder Care's image, is a dominant visual element. The architectural identity of the bell tower becomes a symbolic extension of the use. This symbolic representation is characteristic of the older McDonald's "golden arches" shaped buildings. This commercial approach to building design used the structure as a sign. The current architectural trend, using McDonald's, again, as an example, is to design a building which is functional, economical, and stylistically compatible with predominant architectural treatments of the area. Signage The evaluation of the signage requirements can be based on several findings: • City Code • Delaria's Chicken • Existing Kinder Care, north of Highway #5 City Code states: SEC. 11.70, Sign Permits 19. Roof sign: Any sign erected upon or projecting above the roof line of a structure to which it is affixed, except signs erected below the top of the parapet wall. 20. Sign: Any letter, word, or symbol, device, poster, picture, statuary, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, affixed, or constructed, which is displayed for communicative purposes. An interpretation of the City Code was necessary for both the existing Kinder Care and DeLaria's Chicken sites. The DeLaria's Chicken site is subject to the Design Framework Manual requirement of the Eden Glen PUD. At the time of development, Staff's position was that the cupola was a rooftop sign and should not be allowed. Because of the relatively small proportion of the cupola to the total building, further negotiations concluded with a color change and removal of advertisement. The existing Kinder Care building, north of Highway 06, which includes the cupola/bell tower, is not subject to PUD requirements, but to the City Code. At the time of review, it was interpreted that the sign portion of the Code allowed the cupola/bell tower. The color of the cupola was changed to match the building. Staff evaluation of the City Code finds that the symbolic character and co7nunicative intent of the cupola/bell tower places it within the definition of a sign. Being a sign above a roof line, it does not meet with City Code requirements. The proposal shows one wall sign on the east elevation per Code specifications. The Code does allow one free-standing sign per each street frontage. No free-standing signs are proposed. Since the site would be allowed up to three free-standing signs, it is not necessary, nor consistent, with the PUD to build the cupola/bell Kinder Care Staff Report 4 February 10, 1984 tower on top of the building. Lighting No lighting information is provided. The Eden Glen Design Framework Manual specifies: *Downcast and cutoff type fixtures *Aluminum poles and fixtures *Dark Brown anodized finish *20 ft. maximum height The exterior lighting shall match the poles and fixtures used within the Hardee's and DeLaria's Chicken developments. (See Figure #3) RECOMMENDATIONS Staff recommends one of the following alternatives: Alternative #1 ' Approval of the zoning and preliminary plat subject to the developer meeting the following recommendations: 1. Prior to City Council review, the proponent shell: A. Revise the site plan placing the trash container, access drive, and handicapped parking stall in conformance with the setback requirements. B. Provide a drawing showing proof of parking for a total of 24 stalls. C. Revise the landscape plan using three-inch diameter deciduous overstory trees along the entrances and boulevards. D. Revise the landscape plan to screen the parking lot from Eden Road, Glen Lane, and Singletree Lane. E. Revise the site plan to include a five-foot wide, five-inch thick concrete sidewalk along Singletree Lane. F. Submit color samples of the brick, shingles, and trim to the Planning Department. G. Revise the architectural elevation, from a hip roof to a flat roof building design. H. Revise the elevations to remove the cupola/bell tower. I. Submit detailed exterior lighting information to the Planning Department. J. The fence around the playground shall be of a vinyl covered cyclone fence or board on board type of fence. Kinder Care Staff Report 5 February 10, 1984 2. Prior to final plat, the proponent shall: A. Receive Watershed District approval. B. Meet with the Engineering Department with regard to utilities. 3. Prior to building permit issuance, the proponent shall: A. Submit to the Planning Department a landscape plan, bond, and contract. B. • •Pay the required Cash Park Fee. Alternative #2 Return to the plans to the developer to revise all plans in accordance with the recommendations. Alternative #3 Denial of the proposal because the project cannot meet the recommendations. -aysp-xupo,%"‘ ,/ tiot•uu.ri sitod•suum $ s•u e eu.lintuo0 sampossvuara14e0RiemoH s aanoiA .... _ ; nOf++ iii i._, i wtes vii4r !Fir iii List os o HWON N1 S c7,4iiirri91n9r4,:#41‘1101,19.), v.642.3 di th"./.)01-44 prodattAa ) S999 491. 49 69 C9 euP11441 919 000'ell ZCSI. 14.1.Q.L get MOb C0064 46 C 03440 L DQO tL sow, 9 0001.1. 9C-1 90.60 S WOVE gre Mau 000'9 9S1. 1sabtss'et0 000•. Prt P00 S9 000tr 911 Pool was .uts sany E0Srl #101 •Alautun 46Kodolo^o0 DN3 -ca.n Lick! 341S posottuwamr_id ipp3 inUmwel 0...,61 V u.ai9 .u.3p3 Hkhntrea4 PRccp ER/sTON I KIN rilm1111110.011-imulimmil P.2.1.A47ttar4 ICP-a 1 obrer!" ! I fv..1....,...".,, ,. ; IrtMer; !CA Z)1 I• 1.1 ! frr."1'. •11.:111ilii!ot 11) 0 Cf•L' 'Eden Glen 14413FC5e0...' giNDECtiCAR • Eden Prairte,MiriZoi; A\ 7PPOrer-M, VANK. 0 5a 25IY "e6/Semmtle""" Singietree Lane MCDE14 QLEN 4:11" ADDITICN vtgvxra44 Lamp Reflector 1 6"o n•le" "••• Refractor (dear acrylic) rper..aumeor.... d !! I 12"or 18" Single • 2: 180' 3: 90' 4: 90' FiQuRE'-4'3 Mounting Arrangements • . Ma -rnuette seri s 5,A ste•liv• I iotif int-, systems 2: 90* 20' max. V CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-39 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Bar-ett Construction for development of Edenvale Apartments II for High Density Residential use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 4.98 acres located at the northeast quadrant of Baker Road and Valley View Road be modified from Medium Density Residential to High Density Residential. ADOPTED by the City Council of Eden Prairie this day of • 1984. ViTqang H. Penzel, Mayor ATTEST: 35W D. Frane, City ClerT SEAL qs EDENVALE APARTMENTS 2ND ADDITION, by Bar-ett Construction Co./Edenvale t rtments Partv...ship. Request ' • Compre- hensive &flue Pan Amendme.c from Medium to High Density Residential and Zoning District Change from Rural to RM-2.5 for 4.98 acres for a 70-unit apartment building. Location: Northeast Quadrant of Baker Road and Valley View Road. A public hearing. Ron Erickson, Korsunsky, Krank, Erickson, architects for the proponent, reviewed the request, pointing out significant site features and the characteristics of the design of the project as it fit the site. Planner Franzen reviewed the findings and recommendations of the Staff Report evaluating the request, noting, in particular, the suggestion for shifting of the building closer to the Valley View Road frontage to allow for a greater amount of space for buffering the parking area from the adjacent road and residential project to the east. Johannes asked if the building materials for this addition were planned to be the same as those used for the existing Edenvale Apartments to the west. Mr. Erickson stated that the quality of the materials would be the same; however, the design of the building was different from that of the existing structures. Acting Chairman Torjesen expressed concern about the screening of the parking area from the Valley View Manor Home project to the east. Staff responded that the landscaping would be checked prior to building permit issuance to be certain that the final landscaping plan would adequately screen the parking area. It was pointed out that the proponent had agreed to shift the building further to the south, which would allow for more room between the parking area and street to increase the area which would be used for screening of the parking area. (.3016) Planning Commission Minutes 6 February 13, 1984 Acting Chairman Torjesen asked why proponents were requesting a Comprehensive Guide Plan change from Medium Density Residential to High Density Residential, noting that the projects east and west of the development were Medium Density Residential. Staff explained that the project had been evaluated as to its impact upon the adjacent uses. The open space provided, the view from Valley View Road, the design of the building, and underground parking all contributed to a use which had been designed to have a minimum impact upon the area. Also, the density proposed was at 14.4 units per acre, which was greater than the density allowed within the Medium Density Residential guiding. Planner Enger stated that Staff's opinion was that there was no negative impact upon the adjacent uses, nor upon Valley View Road, as a result of this project design. Hallett asked what the square footages of the units would be. Mr. Erickson explained that they would range from 850-1,100 sq. ft. Acting Chairman Torjesen asked for comments and questions from members of the audience. There were none. MOTIvd 1: Motion was made by Gartner, seconded by Johannes, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Gartner, seconded by Johannes, to recommend to the City Council approval of the request of Bar-ett Construction Co./Edenvale Apartments Partnership for Comprehensive Guide Plan Amendment from Medium Density Residential to High Density Residential, based on plans dated December 27, 1983, and subject to the recommendations of the Staff Report dated February 10, 1984. Motion carried--5-0-0 MOTION 3: Motion was made by Gartner, seconded by Johannes, to recommend to the City Council approval of the request of Bar-ett Construction Co./Edenvale Apartments Partnership for Zoning District Change from Rural to RM-2.5 for 4.98 acres for 70 apartment units, based on plans dated December 27, 1984, and subject to the recommendations of the Staff Report dated February 10, 1984. Motion carried--5-0-0 301 CITY OFFICES 8950 WEN PRAIRIE ROAD / EDEN PRAIRIE. MN 55344 2499 / TELEPHONE 16121 937-2262 ( February 14, 1984 Mr. Scott Bader Bar-Ett Construction 6005 Wayzata Boulevard Minneapolis, MN 55416 Dear Mr. Bader: At its meeting February 13, 1984, the Planning Commission acted to recommend approval of the request of Edenvale Apartments II, subject to the recommendations of the Staff Report of February 10, 1984. The project has been scheduled for the March 6, 1984, City Council agenda for Comprehensive Guide Plan Amendment and first reading of the zoning district change. Prior to that time, items A. 1-5 from the Staff Report should be accomplished. Those items are as follows: 1. Modify the site plan to provide for additional setback area between the parking lot and adjacent property lines. 2. Modify the landscape plan to reflect consideration for additional screening of parking areas from public view. 3. Modify the landscape plan to reflect consideration for berming and mass plantings throughout the site, but especially within the front yard adjacent to Valley View Road. 4. Modify the site plan to reflect a sidewalk, meeting City specifications, along the north side of the proposed public street. 5. Modify the site plan to reflect a trail linkage between the park trail in Edenvale Phase I and the sidwalk in Edenvale Phase II. Please submit twelve (12) copies of the amended plans to us no later than March 2, 1984, so that we may include them in the packets for the Council. .If we can be of further assistance to you, please contact us. Sincerely, CITY OF EDEN PRAIRIE Chris Enger ( • Director of Pldffing kk cc: Ron Erickson, KKE ,30 7 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: February 10, 1984 PROJECT: Edenvale Apartments, Phase II LOCATION: East of Edenvale Apartments First Phase and West of the proposed Valley View Manor Homes, North of Valley View Road. APPLICANT: Bar-ett Construction Company FEE OWNER: Edenvale Apartments Partnership REQUESTS: 1. Comprehensive Guide Plan Amendment from medium to high density residential. 2. Zoning District Change from Rural to RM-2.5 for 4.98 acres for a 70 unit apartment building. Background The Comprehensive Guide Plan identifies a medium density residential land use for this property of up to 10 units per acre. Surrounding land uses are medium density residential and park north of Valley View Road, and office/industrial south of Valley View Road. Existing natural conditions indicate a general sloping of the land from a high point at the edge of the east parking lot of the Edenvale Phase I Apartments to the west property line of the proposed Valley View Manor Homes. The dominant natural feature of the site is a curvilinear land form which begins at Valley View Road and bends back towards the west property line in the middle of the site. There are no existing significant stands of vegetation on this site. Open Space Development plans utilize existing site conditions by reinforcing the existing land form with a footprint that follows the slope of the land. The small footprint of the building and underground parking result in minimal site impact and provision of considerable open space. Although the present location of the parking area allows the front yard to be used exclusively for landscaping and screening of the building from Valley View Road, it is too close to the side property line to provide for adequate screening of adjacent ?A9 Edenvale Apartments II 2 February 10, 1984 land uses. To accommodate parking in this location requires a considerable amount of fill and steep slopes in order to meet existing grades at the adjacent property line. Since a significant amount of open space exists between the apartment building and front property line in excess of minimum setback requirements, Staff believes the building can be moved closer to Valley View Road to provide additional space separation between the edge of the parking area and adjacent property line for better screening and buffering of the parking area from adjacent land uses. Landscaping Although Staff recognizes that the landscape plan is conceptual, it appears that the plan is an after thought, with little, if any, relationship to the building and the site, since plantings are scattered haphazardly. The landscape plan should consider mass plantings and berming to create and define open space and provide selective views of the building, giving the perception that the building blends into the site, rather than sitting on top of the land as it is currently represented on the grading plan. Access Direct access to the site is by driveway from a future public street to be constructed along the common boundary line between the Edenvale Phase Il Apartments and the Valley View Manor Home project. The proposed driveway access to the apartments does not align directly opposite the proposed street access into the manor home project; however, the intersections are off-set approximately 180 ft. Engineering standards require a minimum of 150 ft. between off-set intersections. (See Attachment A) Parking Current RM-2.5 District regulations require a minimum of two parking spaces per unit, with one enclosed. For 70 units, Code requires provision of 70 garage spaces and 70 unenclosed spaces. The development shows 142 spaces, with 70 enclosed. Utilities Sewer and water services are available to this project by connection to a 12-inch water main and 10-inch sewer main, both in Valley View Road. The capacity of both utilities is adequate to accommodate this project. Parks The closest neighborhood park is Edenvale II Park, adjacent and north of the project area. Park plans are tentatively for football, softball, hockey, and tennis activities. The pedestrian access to the park proposed as part of Edenvale Apartments Phase I should be relocated to follow the interior loop road serving Edenvale Phase II and future Valley View Manor Homes. /0-0 Edenvale Apartments II 3 February 10, 1984 Zoning Current RM-2.5 District regulations allow a maximum of 17 units per acre. The current proposal is for 14.4 units per acre, based on 4.9 acres of developable land. Although the Comprehensive Guide Plan refers to Medium Density Residential for up to 10 units per acre, consideration for higher densities may have merit provided the site plan works and impacts on adjoining land uses can be held to an acceptable minimum. This means that the building, landscaping, and arrangement of uses on the site should be appropriate in character and compatible with the surrounding area. Revisions to the site plan as suggested by Staff under the Open Space and Landscaping sections, should provide a workable site plan. The site plan, as prepared, meets the minimum setback'reguirements for front, rear, and side yards under RM-2.5 zoning. Architecture The proposed apartment building is a three-story structure with underground parking. The primary building material is face brick, with decorative wood trim used to accent areas around the windows and balconies. Although the building is rather long and massive, the building elevations reflect considerable attention to detail by providing for extension of roof lines and balconies to break up this plane. Provision of berming and landscaping, as recommended by Staff above, can also reduce the scale and linear appearance of the building by restricting the amount of exposed building area that can be viewed from any given vantage point. RECOMMENDATIONS Planning Staff recommends the following alternative recommendations for consideration by the Planning Commission: 1) The Planning Commission could recommend approval of the Comprehensive Guide Plan Change from RM (Medium Density Residential) to RH (High Density Residential) and a rezoning from Rural to RM-2.5 subject to the following conditions: A. Prior to City Council review, proponent shall: 1. Modify the site plan to provide for additional setback area between the parking lot and adjacent property lines. 2. Modify the landscape plan to reflect consideration for additional screening of the parking areas from public view. 3. Modify the landscape plan to reflect consideration for berming and mass plantings throughout the site, but especially within the front yard adjacent to Valley View Road. 4. Modify the site plan to reflect a sidewalk, meeting City specifications, along the north side of the proposed public street. 5. Modify the site plan to reflect a trail linkage between the lin Edenvale Apartments II 4 February 10, 1984 park trail in Edenvale Phase I and the sidewalk in Edenvale Phase II. B. Prior to building permit issuance, proponent shall: 1. Receive approval of grading and drainage plans from the Purgatory Creek Watershed District. 2. Pay the appropriate Cash Park Fee. 3. Provide erosion and slope stabilization plans for review. 4. Meet all applicable Engineering Department requirements relative to utilities, roads, erosion control, and storm water run-off. 5. Provide a detailed landscape plan prepared in accordance with City requirements and subject to Staff approval, noting tree type, quantity, size, and method of installation. 6. Submit development plans to the Fire Marshall for review and recommendations. 2) Planning Commission could return the development plans to the proponent in order that the project be revised in accordance with stipulations as identified under Alternative #1. 3) Planning Commission could recommend denial of the Comprehensive Guide Plan Amendment and Zoning District change from Rural to RM-2.5. Planning Staff recommends consideration for Alternative #1. LICA SITE ACCESS un2, —••nn••••••••••••••••••n••,...... i'goPot:A7 Aut7Nrib.fr AzzE/7 12 b riA,Q0R' tiOr0 A-Kpar1an-;6\" SURROUNDING LAND USE MAP In MEMORANDUM TO: Mayor, City Council, and Planning Commission FROM: THROUGH: DATE: SUBJECT: Steve Durham, Assistant Planner Chris Enger, Director of Planning February 25, 1984 YEAR X PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CMG) PROGRAM Eden Prairie, in Joint Cooperation with Hennepin County and approximately forty eight other surrounding communities, is eligible to apply for Federal COBG funds under the Urban County CDBG Program. The overall objective of the CDBG Program is to provide housing and service opportunities for low and moderate income families, elderly, and handicapped people. In past years, Eden Prairie has utilized COBG funds for improvements to the Senior Center, restoration to the Cummins-Grill House, site acquisition for Edendale Retirement Residence, Home and Outside Maintenance for the Elderly (H.O.M.E.) Program, Housing Rehabilitation of Private Property, and Park Improvements. Due to changes in Hennepin County's population base and housing, and poverty characteristics, Year X CDBG funding will be approximately twenty percent less than Year IX. This year the City expects to receive approximately $63,000, an amount based upon the City's total population, degree of poverty, and need for housing. Hennepin County has released a Statement of Local Objectives which are in accordance with Federal CDBG Objectives. The Planning Department has used these objectives in putting together this year's CDBG proposed activities list. Attached is a brief synopsis of each proposed activity and suggested allocations for Year X. Also attached for your information, is a project status report for existing CDBG activities, proposed CDBG activities, and Senior population characteristics. unr:7, PROPOSED COBG ACTIVITIES (Year X 1984-85) This program will supplement acquisition of property for the provision of housing for low and moderate income elderly people. funds may also be used for . construction of public utilities, and street improvements needed for elderly housing projects. This program provides grants to approximately three to four low/moderate income homeowners a year for improvements to their homes consistent with Urban Hennepin County Procedural Guides for Housing Rehabilitation Grants. This will provide elderly low and moderate homeowners with assistance in removal of diseased trees on their property. This program provides funds to South Hennepin Human Services Council for the cost of providing minor exterior and interior household maintenance and repairs for low and moderate income elderly people. 1. Site Acquisition - $ 47,670.00 2. Housing Rehabilitation - $ 12,375.00 3. Removal of Diseased Trees - $ 5,000.00 4. H.O.M.E. Program - $ 3,000.00 CD8G PROJECT STATUS REPORT H.O.M.E. - The City contracted with South Hennepin Human Services Council, a public set:17'16i- organization, in June of 1981 to provide minor exterior and interior household maintenance to qualified senior residents in Eden Prairie. An amount of $2,500, from year VIII 1982/83 CDBG funds, was allocated to the program. Seven applicants have been processed utilizing the total amount. Services ranged from house cleaning to minor exterior repairs and painting. South Hennepin Human Services Council has indicated that the program has been successfule and anticipates a need for additional funding. HOUSING REHABILITATION - The City established the Housing Rehabilitation Grant lirogriM-Iii -fg8-61Ifffizing $5,000 of year VI money. In year VIII another $5,000 was committed and utilized. Hennepin County's endorsement of the Rehabilitation program, in the last year, promoted cliente in Eden Prairie and additional funding was necessary. During 1983 the City reprogrammed $29,655 into the Housing Rehabilitation program for a total allocation of $39,655. To date, between the City and Hennepin County, ten applicants have been processed with services, including sewer hook-up, roof replacement, energy improvements, and replacement of HVAC system. When the City administered the program, $8,567 was expended. Hennepin County has five clients with $28,919 committed. The City as of January, 1984, is again authorized to administer the Rehabilitation program. To date, two inquiries have been received and applications sent out. Two to three clients are expected to be serviced during 1984/85. REMOVAL OF DISEASED TREES - The City Forester has related a need for COM funds in the Forestry Program to assist specific homeowners in the removal of diseased trees. The need has been expressed in the form of inquiries from many homeowners, over the last four years, regarding the City's ability to financially assist homeowners in the removal of diseased trees. The majority of the request came from Senior Citizens who stated they were on a limited income and could not afford to pay for the removal of the diseased tress. SENIOR POPULATION CHARACTERISTICS (1980) Total Senior population: 667 or 4.1% of 1980 census Persons by 1979 poverty status and age: 60 - 64 = 12 persons 65+ 33_persons Total 45 - .27i -of total population The 1980 census information available to the City does not indicated the breakdown of Senior income levels. However, an income survey for the Senior Center Project (Starring Lake) was conducted in November of 1983. Approximately 300 households were surveyed. Out of 286 households that responded, 171 households (57%) containing 315 persons .vere determined to be low-moderate income. Ninety-nine (33%) households containing 235 persons had incomes above moderate income levels for their household size, Sixteen responses were not figured in the breakdown because they were incomplete. ti O1 The survey results indicate that 57% of the survey population (Seniors) have incomes at or below Section 8 income levels for their household sizes. SECTION 8 INCOME LIMITS 1 person 15,250 2 person 17,400 3 person 19,550 lq PROPOSED ORDINA::CE NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATION (ZONING)" BY PROVIDING FOR A MINIMUM FRONTAGE ON A STREET INTHE RURAL DISTRICT, ZERO LOT LINES IN THE MULTI FAMILY RESIDENTIAL (RN) DISTRICTS, AND MINIMUM DISTANCES BETWEEN DRIVEWAYS AND LOT LINES IN THE ONE FAMILY RESIDEN- TIAL DISTRICTS; BY ADDING A REQUIREMENT FOR FRONTAGE ON A PUBLIC STREET, EXCEPT IN MULTI FAMILY RESIDENTIAL (RN) DISTRICTS; BY CHANGING PROVISIONS RELATING TO SET;3ACK REQUIREMENTS IN ALL DISTRICTS, OFF- STREET PARKING SPACE REQUTREMENTS IN RURAL DISTRICT AND LOCATION OF OFF-STREET PARKING FACILITIES, DESIGN STANDARDS IN RM-6.5 DISTRICTS, HOURS OF OPERATION AS TO CONSTRUCTION, LAND ALTERATION AND MINING; LIMITATION ON DISTRICT USES; REVIEW PROCESS RELATING TO SIGNS; TIME LIMITATION ON VARIANCES AND ADOPTION OF FEES; AND, BY 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. Eden Prairie City Code Section 11.03 entitled "Estab- lishment of Districts, Special Requi:ements and Performance Standards" Is hereby amended by changing Subdivision 2 to read: Subd. 2. District Standards. . The following criteria shall apply to certain Districts: 1. In the R1-13.5 District, the maximum gross density is 2.5 units per acre. 2. In the R1-9.5 District, the maximum gross density is 3.5 units per acre. 3. In the Rural District, the minimum frontage on a street right-of-way is 100 feet. 4. In the R1-13.5 and R1-9.5 Districts, the minimum frontage on a street right-of-way is 55 feet. 5. In the R1-9.5 District, the side yard setback on the garage side, where there is a double garage, is at least 5 feet, for a total of at least 15 feet on both sides, and where there is a single garage, the side yard setback on the garage side is at least 17 feet, for a total of at least 27 feet on both sides. 6. In the Rural, R1-44, R1-22, R1-13.5 and the R1-9.5 Districts, the total ratio of the total square footage of all garages (attached and detached), and all accessory buildings, to the total lot area, shall not exceed .075. 7. A minimum yar3 setback may be zero feet in R-M Districts in any instance where a wall common to two or more dwellin units is situc.zea on a lot line. All other IN .-) -1- setbacks provided in this Chapter shall apply, except in those instances where only one side yard setback may be zero feet, the other side yard setback shall be that required for "one side". 8. The edge of a driveway in the One Family Residential District shall not be closer than 3 feet to a side lot line and shall not •cross the extension of a property line to the curb line. 9. In the RM 6.5 District the minimum size of lot or lots on which are situated two dwelling units is 13,000 square feet. In the case of a duplex lot the minimum lot size on which is situated one dwelling unit shall be no less than 6,000 square feet. Districts: B. The following criteria shall apply to all (See Tables on City Code pages numbered 289 through 293, inclusive.) Section 2. Eden Prairie City Code Section 11.03 entitled "Estab- lishment of Districts, Special Requirements and Performance Standards" is hereby amended by changing Subparagraphs A and C of Subdivision 3 to read: A. Lots in all Districts except the RM Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than 90 feet. C. Where 40% or more of block is developed, the required setback shall be equal to or greater than the average existing setback. Section 3 Eden Prairie City Code Section 11.03 entitled "Estab- lishment of Districts, Special Requirements and Performance Standards" Is hereby amended by changing the off-street parking space require- ment in the Rural District set forth in Item 4, Subparagraph H, of Subd. 3, to read: 4. Parking Requirement/Use* Off-Street Parking District Land-Uses Space Requirements a. Rural Same as b. below. b. R1-44, R1-22, R1-13.5 2/D.U. R1-9.5 1 enclosed) minimum 4/D.U.-Maximum Driveway Parking Acceptable Section 4. Eden Prairie City Code Section 11.03 entitled "Estab- lishment of Districts, Special Requirements and Performance Standards" is hereby amended by changing a requirement as to parking areas set forth in Item 5 (d), Subparagraph H, of Subdivision 3, to read: -2- (d) Location. Off-street parking facililties shall be on the same parcel of land as the structure they are intended to serve. Space for the required facilities shall not occupy the required front yard or on a corner lot more than 1/2 of the required side yard closest to the street. Section 5. Eden Prairie City Code Section 11.03 entitled "Estab- lishment of Districts, Special Requirements and Performance Standards" is hereby amended by changing Subparagraph K of Subd. 3 to read: K. Designs. All sites and structures within all Districts except the Rural, R1-44, R1-22, R1-13.5, R1-9.5 and RM 6.5 shall be developed in accordance with plans and specifications prepared by a registered professional landscape or building architect respectively. Exterior building finishes in these Districts shall consist of materials comparable in grade and quality to the following: (1) face brick; (2) natural stone; (3) specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; and, (4) factory fabricated and finished metal framed panel construction, if the panel materials be any of those named above, glass, prefinished metal (other than unpainted galvanized iron), or plastic. Wood trim shall not constitute more than 25% of the building's exterior. Section 6. Eden Prairie City Code Section 11.03 entitled "Estab- lishment of Districts, Special Requirements and Performance Standards" is hereby amended by changing that portion of Subparagraph A of Subd. 4 following the Octave Band Frequency Table to read as follows: Construction work that emits a noise audible at the property line is allowed only during the hours of 7:00 o'clock A.M. through 7:00 o'clock P.M., Monday through Saturday. Sundays and legal holidays are excluded. The City Manager may, upon good cause being shown, vary these days and hours in writing. Section 7. Eden Prairie City Code Chapter 11 is hereby amended by adding a Section to read: SEC. 11.04. LIMITATION ON USES. Uses in each District established in this Chapter shall be limited to those permitted uses authorized, and then only under the standards and conditions which are also stated herein. Section 8. Eden Prairie City Code Section 11.55 entitled "Mining Operation and Land Alteration Regulations" is hereby amended by chang- ing Subd. 6, Subparagraph A, Item 13, to read: 13. No operations shall be conducted prior to 7:00 o'clock A.M. nor after 7:00 o'clock P.M., Monday through Saturday, nor any time on Sundays and legal holidays. The City Manager may, upon good cause being shown, vary these days and hours in writing. -3- 4/1 Section 9. Eden Prairie City Code Section 11.55 entitled "Mining ,peration and Land Alteration Regulations" is hereby amended by chang- ing Subd. 7, Subparagraph A, Item 7, to read: 7. No operations shall be conducted prior to 7:00 o'clock A.M. nor after 7:00 o'clock P.M., Monday through • Saturday, nor any time on Sundays and legal holidays. The City Manager may, upon good cause being shown, vary these days and hours in writing. Section 10. Eden Prairie City Code Section 11.70 entitled "Sign Permits" is hereby amended by changing Subd. 4, Subparagraph A, Item 8; Subparagraph B, Item 7; Subparagraph C, Item 2; Subparagraph D, Item 6; Subparagraph E, Item 7; Subparagraph F, Item 8, all to read r as follows: Review Process. The signage program will be reviewed and approved by the City Manager, or his designee. Section 11. Eden Prairie City Code Section 11.70 entitled "Sign Permits" is hereby amended by changing the title of Subparagraphs A and D under Subd. 4 entitled "District Regulations", to read: A. Single Family, R-1, and Multiple Residential Districts. D. N-COM, C-COM, C-REG-SER, C-HWY District. Section 12. Eden Prairie City Code Section 11.76 entitled "Variances" is hereby amended by changing Subd. 1 and adding Subd. 3, to read: Subd. 1. Purposes and Authorization. Variances from the literal provisions of this Chapter may be granted in Instances where the strict enforcement of those provisions would cause undue hardship because of circumstances unique to the indi- vidual property under consideration, and such variances may be granted only when it is determined that such actions will be in keeping with the spirit and intent of this Chapter. "Undue hard- ship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hard- ship if reasonable use for the property exists under the terms of this Chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered con - struction as defined by statute when in harmony with this Chapter. The Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. The Council may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Council may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. . Lit? Subd. 3. Time Limitation. Variances granted from the provisions of this Chapter shall be used within one year and if not, the variance will be of no further force and effect. Section 13. Eden Prairie City Code Section 11.79 entitled "Administration" is hereby amended by adding a Subdivision to read: Subd. 3. Fees. The Council is hereby authorized to establish, by resolution, all fees payable to the City for any action or proceeding under this Chapter. A copy of such resolu- tion shall be kept in the office of the City Manager and uniformly enforced. Section 14. Eden Prairie City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Includ- ing 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 15. This ordinance shall become effective from and after passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 19 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of • 19 • : ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of • 19 -5- MARCH 6,1984 t . v )1 VOID OUT CHECK 12163 VOID OUT CHECK 12410 RALPH KRATOCHVIL 12411 HOPKINS POSTMASTER 12412 SUBURBAN CHEVROLET 12413 NANCY NELSON 12414 TYSON KANNE 12415 INSTY-PRINTS 12416 DEPARTMENT OF EMPLOYEE RELATIONS 12417 FEDERAL RESERVE BANK 12418 COMMISSIONER OF REVENUE 12419 MINNESOTA STATE RETIREMENT SYSTEM 12420 AETNA LIFE INSURANCE & ANNUITY 12421 GREAT WEST LIFE ASSURANCE CO 12422 UNITED WAY OF MINNEAPOLIS 12423 SUBURBAN NATIONAL BANK 12424 PERA 12425 ED PHILLIPS & SONS CO 12426 JOHNSON BROTHERS WHOLESALE 12427 GRIGGS COOPER & CO INC 12428 TWIN CITY WINE CO 12429 QUALITY WINE CO 12430 INTERCONTINENTAL PCKG CO 12431 COMMISSIONER OF REVENUE -'432 MRPA .433 OLYMPIC HILLS GOLF CLUB 12434 HOPKINS POSTMASTER 12435 TREASURER-STATE OF MINN 12436 ED PHILLIPS & SONS CO 12437 RADISSON ST PAUL 12438 MARLENE DVORAK 12439 BRENDA ANDERSON 12440 FLORENCE BREN 12441 JIM WALTER PAPERS 12442 RALPH KRATOCMVIL 12443 EAGLE WINE CO 12444 JOHNSON BROTHERS WHOLESALE 12445 GRIGGS COOPER & CO INC 12446 INTERCONTINENTAL PCKG CO 12447 PAUSTIS & SONS 12448 TWIN CITY WINE CO 12449 CAPITOL CITY DISTRIBUTING CO 12450 QUALITY WINE CO 12451 CHRISTINE WATT 12452 MRS GLEN BRANDON 12453 UNITED STATES POLICE-CANINE ASSOC 12454 AT & T INFORMATION SYSTEMS 12455 AT & T INFORMATION SYSTEMS 12456 ACCUEASE SYSTEMS INC '457 HERBERT S ADOLPHSON - )2458 STUART ALEXANDER 12459 AMERICAN PLANNING ASSOCIATION .12460 AMERICANNA VENTURES INC 12461 EARL F ANDERSEN & ASSOC INC 12462 ARTSIGN MATERIALS CO INSTRUCTOR-FITNESS CLASSES/FEES PAID POSTAGE-POLICE DEPT 1984 .UTILITY TRUCK REFUND-SKI TRIP REFUND-SKI TRIP SENIOR CITIZENS NEWSLETTER PRINTED PAYROLL 2/17/84 PAYROLL 2/17/84 PAYROLL 2/17/84 PAYROLL 2/17/84 PAYROLL 2/17/84 PAYROLL 2/17/84 . PAYROLL 2/17/84 PAYROLL 2/17/84 PAYROLL 2/17/84 WINE LIQUOR LIQUOR WINE WINE WINE JANUARY 84 SALES TAX CONFERENCE-PARK PLANNING EXPENSES POSTAGE NOTARY BOND FEE-POLICE DEPT LIQUOR CONFERENCE-MANAGER REFUND-GOURMET SHOPPING TRIP REFUND-GOURMET SHOPPING TRIP CANCELLED REFUND-GOURMET SHOPPING TRIP CANCELLED XEROX PAPER INSTRUCTOR-FITNESS CLASSES/FEES PAID WINE LIQUOR LIQUOR WINE WINE WINE WINE WINE REFUND-GOURMET SHOPPING TRIP CANCELLED REFUND-GOURMET SHOPPING TRIP CANCELLED 1984 MEMBERSHIP DUES SERVICE SERVICE FORMS-COMMUNITY CENTER EXPENSES-BUILDING DEPT FEBRUARY MILEAGE DUES-PLANNING DEPT SCHOOL-POLICE DEPT BOLTS-STREET DEPT X-ACTO BLADES-PARK PLANNING 141.09- 10.00- 227.0/ 635.00 12041.77 6.00 4.00 96.93 12319.39 16748.36 9497.77 65.00 114.00 3426.00 110.75 37.50 15320.36 1871.40 1039.43 1340.74 245.09 403.59 355.81 9791.56 50.0a 667.61 26.86 10.00 2613.16 50.00 13.00 26.0.; 13.00 659.0: 131.0, 332.95 1242.7: 3146.02 656.55 407.20 12.3: 197.0_ 1703.0 - 13.00 13.00 16.0 899.0 80.3. 230.0 - 10.0 21.0 95.0 120.1 4. 9904155 tliti 12463 JULIE BAKER 12464 BENNETT RINGROSE WOLSFELD JARVIS ( 55 ic466 12467 12468 12469 12470 12471 12472 12473 12474 12475 12476 12477 12478 12479 12480 12481 12482 :2483 12484 12485 12486 12487 "488 EMPIRE-CROWN/AUTO INC 489 JAN FLYNN 12490 FOX MCCUE & MURPHY 12491 JOHN FRAME 12492 GENERAL COMMUNICATIONS INC 12493 GENERAL OFFICE PRODUCTS CO 12494 GLADWIN AGENCY 12495 JACK HACKING 12496 C F HAGLIN & SONS 12497 HARMON GLASS 12498 KEN HARNES 12499 KEVIN HARRIS 12500 HAUENSTEIN & BURMEISTER INC 12501 HENNEPIN COUNTY SUPPORT & COLLECT 12502 CTY OF HENN-SHERIFFS DEPT 12503 PAUL HENRY 12504 HERITAGE PRINTING 12505 HOBCO INC & DONALD J HEDQUIST 12506 HOLMSTEN ICE RINKS INC 12507 HONEYWELL INC 12508 JOHN HOUSTON 12509 HYDRAULIC SERVICES INCORP 12510 IAA() 12511 IMO '512 IMPERIAL INC _4513 INDEPENDENT SCHOOL 01ST #272 REFUND-SKATING CLASSES -SERVICE-ANDERSON LAKE PARKWAY/PRAIRIE CENTER DRIVE REPAIR ELECTRIC LOCK ON JAIL DOOR JANUARY 84 IMPOUND SERVICE SNOW WING FOR LOADER-STREET DEPT SHELVES-WATER DEPT SUPPLIES-LIQUOR STORES DEICING SALT-STREET DEPT NAME SIGNS-FIRE DEPT SCHOOL-POLICE DEPT TOWELS-STREET DEPT BRAKE LINING/BRAKE SHOES HOSES/U-JOINT-EQUIPMENT MAINTENANCE SUPPLIES-POLICE DEPT BLUELINE/AMMONIA-ENGINEERING DEPT DESK SIGNS-CITY HALL CLIPS/SNAP RINGS/WING NUTS/SCREWS MARCH EXPENSES CLEANING SUPPLIES-WATER/POLICE/FIRE & PICTURES-POLICE DEPT SERVICE-POLICE DEPT JANUARY 84 EXPENSES OFFICE SUPPLIES-CITY HALL WITHHOLDING FROM EMPLOYEE PER COURT ORDER -REPAIR WIRING & SWITCHES/REPAIR ELECTRONIC SIREN SYSTEM-SQUAD CAR DIESEL ANTI GEL-EQUIP MAINT/PARTS-POLICE EXPENSES-SENIOR CENTER AUDIT FEBRUARY EXPENSES RADIO REPAIR & PARTS OFFICE SUPPLIES NOTARY FEE-POLICE DEPT EXPENSES REFUND-BUILDING DEPT REPAIR MIRROR-SQUAD CAR BROOMBALL OFFICIAL/FEES PAID MILEAGE-SKATING RINK ATTENDENT RESTROOM SUPPLIES-STARING LAKE PK WITHHOLDING FROM EMPLOYEE PER COURT ORDER JANUARY 84 BOOKING FEE HOCKEY OFFICIAL/FEES PAID PRINTING-POLICE DEPT RESTORATION OF CUMMINS-GRILL HOUSE COMPRESSOR OIL-COMMUNITY CENTER MODIFY WATER PLANT DEHUMIDIFIER REFUND-UTILITY BILL -REPAIR VALVES/RESEAL & REPLACE SPOOL CENTERING ASSEMBLIES-EQUIPMENT MAINT DUES-ASSESSING DEPT 1984 DUES-ASSESSING DEPT 50 FT EXTENSION CORD/DUCT TAPE-WATER DEPT BUS SERVICE-SANITRY LANDFILL MEETING BIG BOBS REPAIR SHOP CITY OF BLOOMINGTON BORCHERT INGERSOLL BURTON EQUIPMENT INC BUTCHS BAR SUPPLY CARGILL SALT DIVISION HARVEY CLARK JAMES G CLARK CLEVELAND COTTON PRODUCTS CLUTCH & TRANSMISSION SERVICE INC CLUTCH & U-JOINT BURNSVILLE INC JOYCE CONLEY COPY EQUIPMENT INC CROWN RUBBER STAMP CO DRI INDUSTRIES WARD F DAHLBERG DALCO DANIELS STUDIO DEPARTMENT OF PUBLIC SAFETY EUGENE A DIETZ DORHOLT INC EAU CLAIRE CTY-CLERK OF COURTS EMERGENCY SERVICE SYSTEMS INC 13.00 15414.84 25.00 245.00 12025.00 574.23 314.75 395.0? 32.00 278.20 170.58 26.66 127.03 53.94 434.23 44.19 141.09 80.00 969.72 126.00 40.00 165.00 679.00 48.90 365.99 105.24 197.25 2531.9C 165.00 208.96 91.25 90.00 30.22 30.00 7.00 240.00 51.63 80.00 80.00 463.6; 48.00 67.10 4500.0, 51.41 961.50 78.42 169.30 45.00 258.4, 71.0, 4347686 col 12551 POWER BRAKE EQUIPMENT CO 12552 PRAIRIE ELECTRIC COMPANY INC 12553 12554 12555 12556 12557 12558 12559 12560 12561 12562 f "563 I 564 12565 PRAIRIE LAWN & GARDEN AL PRENTICE Q C DIVISION HOLLY RADZIEJ RIDGE DOOR SALES CO OF MN INC ST CLOUD STATE UNIVERSITY ST REGIS CORPORATION SALLY DISTRIBUTORS INC WAYNE SANDERS DALE SCHMIDT SECTION VI HOCKEY CYNTHIA SYNDER SPECIALTY SCREENING 12514 JESSE JACOB 12515 JM OFFICE PRODUCTS INC 16 JAK OFFICE PRODUCTS CO ..417 JEAN JOHNSON 12518 CARL JULLIE 12519 KARPS TWIN CITY SUPPLY CO • 12520 KOKESH ATHLETIC & GOLF SUPPLY 12521 KUSTOM QUALITY ELECTRONICS 12522 LANCE 12523 LANG PAULY & GREGERSON LTD 12524 LINHOFF COLOR PHOTO LAB ' 12525 MACQUEEN EQUIPMENT INC 12526 ROBERT MARTZ 12527 MATTS AUTO SERVICE INC 12528 MCGLYNN BAKERIES INC 12529 MENARDS 12530 MERIT/JULIAN GRAPHICS 12531 METRO FONE COMMUNICATIONS INC 12532 METROPOLITAN ASSOC OF PARKS & REC 12533 MIDLAND PRODUCTS COMPANY 12534 MPLS STAR & TRIBUNE CO 12535 MN CHAPTER INTNL ASSOC 12536 MINNESOTA GAS COMPANY 12537 MINNESOTA GAS COMPANY 12538 MINNESOTA TORO INC 12539 MUNICIPAL CAUCUS 1 9 540 MY CHEESE SHOP 41 NORTH STAR CHAPTER OF ICBO 1642 NORTHERN STATES POWER CO 12543 NORTHWESTERN BELL TELEPHONE CO 12544 BRIAN L PELTO 12545 PENNSYLVANIA OIL CO 12546 T A PERRY ASSOCIATES INC 12547 PETTY CASH-PUBLIC SAFETY 12548 PITNEY BOWES 12549 POKORNY COMPANY 12550 POMMER MFG CO INC REFUND-SWIMMING CLASSES OFFICE SUPPLIES-POLICE DEPT OFFICE SUPPLIES-POLICE DEPT EXPENSES EXPENSES BAKING SODA-CHIMNEY FIRES SUPPLIES-ATHLETIC CO-ORDINATOR TROOPER RADAR SYSTEM-POLICE DEPT SUPPLIES-LIQUOR STORES DECEMBER 83 LEGAL SERVICE SUPPLIES-PLANNING DEPT BRAKE SHOE/BELT/BOLT & NUTS-EQUIP MAINT MARCH EXPENSES TOWING SERVICE EXPENSES-PLANNING DEPT OVERPAYMENT ON BUILDING PERMIT ENVELOPES-CITY HALL MARCH 84 PAGER RENTAL 1984 DUES-COMMUNITY SERVICES CONCESSION STAND SUPPLIES-COMMUNITY CENTER EMPLOYMENT AD-BLDG DEPT 1984 DUES-ASSESSING DEPT SERVICE SERVICE MOWER BLADE SHARPENER-PARK MAINTENANCE 1984 DUES EXPENSES-PLANNING DEPT DUES-BUILDING DEPT SERVICE SERVICE BROOMBALL OFFICIAL/FEES PAID OIL-STREET DEPT FURNACE FILTERS-POLICE DEPT EXPENSES 2ND QUARTER 84 POSTAGE METER RENTAL REPAIR PLUMBING AT SCHULTZ HOUSE -BROOMBALL/BASKETBALL & VOLLEYBALL TROPHIES/FEES PAID CIRCUIT BOARD-FIRE DEPT -REPLACE EXHAUST FAN & LIGHT FIXTURE BALLAST-LIQUOR STORE SNOW BLOWER-FIRE DEPT REFUND-EXERCISE CLASSES SUPPLIES-STREET DEPT EXPENSES-COMMUNITY SERVICES REPAIR FIRE STATION GARAGE DOOR SCHOOL-POLICE DEPT STEEL BAND-CULVERT SUPPLIES-COMMUNITY CENTER EXPENSES-BUILDING DEPT LICENSE FEE-STREET DEPT 50% OF HOCKEY GAME RECEIPTS-COMMUNITY CTR REFUND-SWIMMING CLASSES PUBLIC SAFETY EMBLEMS/POLICE BADGE PLAQUES 7.00 3.93 142.09 50.46 24.35 2.20 1308.34 61.0; 10598.53 5.85 74.83 179.58 165.00 19.50 440.55 429.40 89.52 10.00 153.33 61.60 15.00 9209.05 9208.18 1566.53 200.00 66.00 25.00 21232.41 97.16 276.00 404.03 129.32 21.74 59.25 144.10 515.00 61.46 125.75 139.95 3.60 19.15 10.00 816.90 596.03 22.33 18.54 11.03 20.00 14.03 770.03 6015590 • 12566 SPORTS WORLD 12567 SUBURBAN CHEVROLET ( i8 STEPHEN SULLIVAN 1t369 SULLIVANS SERVICES INC 12570 SUN ELECTRIC CORPORATION 12571 THOMPSON & KLAVERKAMP 12572 TRACY OIL CO INC 12573 UNITED PROPERTIES 12574 US PHARMACOPEIAL CONVENTION INC 12575 US TARGET 12576 VALLEY INDUSTRIAL PROPANE INC 12577 VIKING LABORATORIES INCORPORATED 12578 VOSS ELECTRIC SUPPLY CO 12579 SANDY WERTS 12580 WEST WELD 12581 RICHARD WILLIAMSON 12582 MARY JANE WHEATON 12583 XEROX CORPORATION 12584 ARNIE BARNES 12585 DENIS BILLMYER 12586 RAE ANN BRENCKMAN 12587 COMMUNITY DANCE CENTER 12588 RON ESS 12589 TAMARA FAY 12590 FLOY FELTMAN 12591 JOHN GARDINER l';92 KARIN GORI )3 KELLOGGS LEBODY SHOP 12594 DAVID KREEMER 12595 ROGER A LIND 12596 MARY ANN PARKER 12597 FRED RAZAVI 12598 LARRY SCHWANTZ 12599 SUSAN M SELSETH 12600 KEVIN SORENSON 12601 BRUCE STRANDBERG 12602 CINDY UNOWSKI 12603 PAUL WELD 12604 ADAM WIETHOFF 12605 JOE WIETHOFF 12606 DON ZWEBER 12607 LAURIE JOHNSON-KELLIHER 12608 MARY DECATUR 12609 JACK HACKING 12610 CINDY SAXE 12611 UNITED STATES POLICE- 12612 COMMISSIONER OF TRANSPORTATION 12613 GREG SORENSON 12614 ANOKA CLERK OF COURT 12615 GENERAL COMMUNICATIONS INC 12616 HENNEPIN COUNTY "17 HONEYWELL 1 , 18 HOPKINS PARTS CO 4113586 RACQUETBALL BALLS/T-SHIRTS/UNIFORMS-C/C -CABLE/VALVE/GAS TANK/GASKET/REPAIR REAR WINDOW/OIL PAN MILEAGE-PLANN1NG DEPT PUMP TANK-RESEARCH ROAD AUTO TESTER & STAND-STREET DEPT LEGAL SERVICE-SANITARY LANDFILL UNLEADED GAS REFUND UTILITY BILLS BOOK-SENIOR CENTER TARGETS-POLICE DEPT GAS CYL1NDERS-COM4UNITY CENTER BICARBONATE OF SODA-COMMUNITY CENTER LIGHT BULBS-STREET GARAGE & P/S BUILDING JANUARY & FEBRUARY MILEAGE WELDING ALLOY-PARK MAINTENANCE LICENSE FEE-STREET DEPT INSTRUCTOR/CROSS COUNTRY SKI/FEES PAID SERVICE BASKETBALL OFFICIAL/FEES PAID BROOMBALL OFFICIAL/FEES PAID INSTRUCTOR/KIDS KORNER/FEES PAID INSTRUCTOR/EXERCISE CLASSES/FEES PAID BROOMBALL OFFICIAL/FEES PAID INSTRUCTOR/EXERCISE CLASSES/FEES PAID INSTRUCTOR/BLACKJACK CLASSES/FEES PAID HOCKEY OFFICIAL/FEES PAID INSTRUCTOR/CALLIGRAPHY CLASSES/FEES PAID INSTRUCTOR/EXERCISE CLASSES/FEES PAID VOLELYBALL OFFICIAL/FEES PAID HOCKEY OFFICIAL/FEES PAID INSTRUCTOR/YOGA CLASSES/FEES PAID VOLLEYBALL OFFICIAL/FEES PAID BASKETBALL OFFICIAL/FEES PAID VOLLEYBALL OFFICIAL/FEES PAID HOCKEY OFFICIAL/FEES PAID HOCKEY OFFICIAL/FEES PAID INSTRUCTOR/MUSIC PROGRAMS/FEES PAID HOCKEY OFFICIAL/FEES PAID BASKETBALL OFFICIAL/FEES PAID VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID BASKETBALL OFFICIAL/FEES PAID INSTRUCTOR-SKATING CLASSES/FEES PAID REFUND-HOME LANDSCAPING CLASSES EXPENSES REFUND-BATON & DANCE CLASSES CONFERENCE-POLICE DEPT SERVICE-PRAIRIE CENTER DRIVE SERVICE-PARK MAINTENANCE ANOKA COUNTY WARRANT RADIO REPAIR & PARTS JANUARY 1984 BOARD OF PRISONERS MAINTENANCE AGREEMENT-WATER DEPT BEARINGS/SMALL TOOL-EQUIPMENT MAINTENANC 1905.00 471.20 19.00 50.02 661.50 562.50 8440.03 5904.18 21.95 182.46 192.86 256.90 166.44 59.18 38.00 20.00 584.00 1565.48 72.00 48.00 452.00 , 1202.60 48.00 144.00 48.00 240.00 120.00 970.43 48.00 45.00 108.00 420.00 276.00 112.00 12.00 150.00 70.00 105.00 36.00 292.00 20.00 5.00 12.00 131.63 12.00 35.00 2146.93 308.50 1000.00 58.22 4890.50 6351.00 45.43 12619 JM OFFICE PRODUCTS INC 7620 MCGLYNN BAKERIES INC ( - !I. NATIONAL CHEMSEARCH co22 UNIFORMS UNLIMITED 12623 VAN WATERS & ROGERS 12624 WATER PRODUCTS COMPANY 12625 CHRIS ENGER 12626 EDEN PRAIRIE FIRE DEPARTMENT 12627 FIRE MARSHALS ASSOC OF MN 12628 HENNEPIN CTY CHIEFS OF POLICE 12629 INTL ASSOC OF CHIEFS OF POLICE 12630 MINNESOTA CHAPTER IAAI 12631 JOHN ROCHFORD 12632 SMITH & WESSON 12633 RICHARD W TURNER 1404441 OFFICE SUPPLIES EXPENSES CLEANING SUPPLIES-WATER DEPT BADGES/FLASHLIGHTS/SHIRTS/SLACKS-P/S DEPT SODIUM SILICOFLUORIDE-WATER DEPT -CURB BOX/ONE 2 INCH METER/THREE 1 1/2 IN -GAL flETER/50 3/4 INCH METER/WASHER/DRAIN PLUNGER/GASKETS FEBRUARY EXPENSES SCHOOL-FIRE DEPT: CONFERENCE-FIRE DEPT SCHOOL-POLICE DEPT SCHOOL-POLICE DEPT DUES-FIRE DEPT EXPENSES-FIRE DEPT SCHOOL-POLICE DEPT EXPENSES-FIRE DEPT 463.65 65.33 301.74 2529.85 1207.5: 7530.09 185.00 256.00 120.03 155.00 375.00 10.00 38.11 775.03 32.14 $257854.58 fka 6, 1984 Cash Disbursements by Fund number 10 GENERAL 11 CERTIFICATE OF INDEBT 15 L/S PRAIRIE VILLAGE MALL 17 L/S PRESERVE 31 PARK ACOUIST & DEVELOP $1 IMPROV CONST FUND 73 WATER FUND 77 SEWER FUND 81 TRUST 6 ESCROW FUND 87 COMMUNITY DEVELOP BLOCK G 90 TAX INCREMENT CONST FUND 4257854.58 147344.78 27496.61 12672.42 11377.29 152.90 4513.83 34318.98 76.68 1860.50 4500.00 13540.59 qjc REVISION MEMO - EDEN PRAIRIE December 22, 1983 TO: Karen Michael, Recording Secretary FROM: Lorraine E. O'Reilly, Codifier RE: 1983 City Code Revisions We herewith hand you ordinances revising Chapters 1, 2, 3, 4, 5, 7, 8, 9, 10 and 12 of the City Code. After these ordinances and the covering memo have been reviewed by staff and the City Attorney, if approved as drafted, they are to be submitted to the Council for its consideration. Upon adoption and publication, please forward copies to our office for preparation of the revision pages to the City Code. CHAPTER 1 Subdivision 13 of Sec. 1.02 has been amended to increase the penalty for a misdemeanor to $700.00. CHAPTER 2 Sections 2.09 and 2.11 have been amended as requested. Ordinances No. 33-83, Special Assessment Policy, and No. 54-83, Civil Defense, will be inserted in preparing the revision pages. CHAPTER 3 Section 3.03 has been amended to provide for adoption of utility rates and charges by resolution, and that portion of Sec. 3.05 relating to delinquent utilities as requested. Attached to this ordinance is a proposed draft of a copy to be certified by the City Clerk-Treasurer and recorded with the County Recorder after adoption of this revision ordinance. Ordinance No. 18-83, Connection to Water and Sewer Services, will be inserted in preparing the revision pages. CHAPTER 4 _ Section 4.01 has been amended to update the definition of clubs in accordance with the statute, and Sec. 4.02 to remove the requirement that the manager or agent of a licensee be a resident of the City. Section 4.05 has been amended as requested, and Sec. 4.14 in accordance with the statute. We specifically call your attention to new Subd. 2 which complies with Chapter 370 of the 1983 Laws. Section 4.33 has been amended to remove the prohibition of beer sales on election day, and Sec. 4.51, Subd. 1, to provide for the $3,000.00 bond for an on-sale licensee (required by statute) and Subd. 10 to coordinate with new definitions of club and fraternal club. The new LIZ statute applying to serving samples of wine, liqueurs and cordials has not been inserted since this would be covered by policy of the City. Section 4.52 is amended to remove the election day prohibition, and to prohibit on-sale of liquor after 8:00 P.M. on December 24. Section 4.53 restricts Sunday sales until 12:00 noon rather than 10:00 A.M., and Sec. 4.71 amended to remove the insurance requirement of an on- sale wine licensee, now covered by Sec. 4.14, and provides for the mandatory $3,000.00 bond. Subdivision 6 of Sec. 4.71 now complies with the new statute which permits persons under the age of eighteen years to be employed on on-sale wine licensed premises. CHAPTER _5 At the time of the codification, a decision was made to include heating and ventilation contractors and water softener installers under the provision licensing building contractors, and to omit gas fitters and individual sewage system installers licensing. As requested, separate Sections regulating these activities have now been inserted as Sections 5.41, 5.42, 5.43 and 5.44, and the related provi- sions repealed in Sec. 5.33. We call your attention to the fact that Sec. 5.42 is a revised version of the provisions of old Ordinance No. 157, but that under Chapter 346, Laws of 1981, the City may not pro- hibit water conditioners or installers licensed by the State from engaging in business. Also, if the City requires a bond, the appli- cant may comply by filing a $3,000.00 bond with the State. We have not retained the bond provision from Ordinance No. 157. We also call your attention to the fact that Sec. 5.44 is a revised version of old Ordinance No. 199 which did not require insurance coverage. Consider- ation should be given to requiring insurance rather than the $2,000.00 bond. Ordinances No. 1-83, Gambling Devices, and No. 34-83, Commercial Stables, will be inserted in preparing the revision pages. CHAPTER 6 Ordinance No. 28-83 relating to the application and scope of Chapters 6, 7 and 8 will be inserted in preparing the revision pages. CHAPTER 7 The Highway Traffic Regulation Act adopted by reference in Section 7.01 is updated through 1983. CHAPTER 8 Section 8.16 has been amended to update the handicapped parking provision, and Ordinance No. 28-83 amending Sec. 8.08 as to truck parking will be inserted in preparing the revision pages. CHAPTER 9 Section 9.61 relating to Anderson Lakes has been amended as requested at our conference. -2- LIf 'CHAPTER 10 Section 10.01 provides for adoption of the la t e s t e d i t i o n o f t h e S t a t e Building Code. Section 10.05 has been revi s e d c o n s i d e r a b l y a n d i n accordance with the statute. Permit fees und e r t h i s S e c t i o n w o u l d b e adopted by resolution pursuant to authority g i v e n i n S e c . 1 0 . 0 7 o f this Chapter. CHAPTER 11 We have previously furnished you with a draft o f a n o r d i n a n c e r e v i s i n g Chapter 11. Additional changes are presently b e i n g p r e p a r e d b y C i t y Staff relating to Sections 1 and 2 of that o r d i n a n c e . W h e n t h e s e changes have been prepared, we will furnish yo u w i t h a r e v i s e d d r a f t of the ordinance which will also include a cha n g e i n S e c t i o n 8 o f t h e ordinance relating to hours of operation f o r l a n d a l t e r a t i o n . Ordinances No. 16-82 amending Sections 11.0 3 a n d 1 1 . 3 0 ; N o . 3 0 - 8 3 relating to conditional use permits; No. 34-83 r e l a t i n g t o c o m m e r c i a l stables; and, No. 37-83 relating to sign s w i l l b e i n s e r t e d i n preparing the revision pages. CHAPTER 12 Subdivision 5 of Sec. 12.20 has been amended t o c h a n g e p a y m e n t o f f e e s for street lighting, etc. from two years to th r e e y e a r s . CHAPTER 20 Franchise ordinances, street name chang e o r d i n a n c e s , z o n i n g amendments, etc, will be inserted in Chapte r 2 0 b y n u m b e r , d a t e o f adoption and brief title only in preparing t h e r e v i s i o n p a g e s f o r Chapter 20. -3- PROPOSED ORDINANCE NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMEN D I N G C I T Y CODE CHAPTER 1 ENPITLED "GENERAL PROVISIONS AND DEFINITIONS A P P L I C A B L E TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY C H A N G I N G THE PROVISION RELATING TO PENALTY FOR MISDEMEANOR; AND, MA K I N G T H I S ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PRO V I S I O N O F THE CITY CODE. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDA I N S : Section 1. The definition provided for in Section 2 of this ordinance shall apply to each and every provision of the City Co d e which is a misdemeanor. Section 2. Eden Prairie City Code, Section 1.02, entitled "Definitions" is hereby amended by changing Subd. 13 to read: Subd. 13. "Misdemeanor" means the crime for which a sentence of not more than ninety (90) days or a fine of not more than $700.00, or both, may be imposed. Section 3. This ordinance shall be applicable to every Chapter, Section or other provision of the Eden Prairie City Code. Section 4. 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 19 and finally read and adopted and ordered published at a regular meeting o f the City Council of said City on the day of _ 19 ATTEST: City Clerk Mayor Published in the Eden Prairie News on the_ day of PROPOSED ORDINANCE NO._ q -g t4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AM E N D I N G C I T Y CODE CHAPTER 2 ENTITLED "ADMINiSTRATION AND GENERAL GOVERN M E N T " B Y CHANGING A PROVISION RELATING TO INTERIM E M E R G E N C Y S U C C E S S I O N A N D ADDING A PROVISION AS TO TIME LIMITATIO N O F V A R I A N C E S ; A N D , B Y ADOPTING BY REFERENCE EDEN PRAIRIE CITY C O D E C H A P T E R 1 A N D S E C T I O N 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENA L T Y P R O V I S I O N S . THE CI1Y COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORIAINS: Section 1. Eden Prairie City Code, Section 2.09 ent i t l e d "Interim Emergency Succession" is hereby ame n d e d b y c h a n g i n g S u b d . 2 to read: Subd. 2. Succession to Local Offices. In the e v e n t o f war, civil disturbance or a natural disa s t e r a f f e c t i n g t h e vicinity of the City, the Mayor, Council an d C i t y M a n a g e r s h a l l be forthwith notified by any one of said per s o n s a n d b y a n y m e a n s available to gather at the Communications C e n t e r . I n t h e e v e n t that safety or convenience dictate, an a l t e r n a t i v e p l a c e o f meeting may be designated. Those gathere d s h a l l p r o c e e d a s follows: (Subparagraphs A through E remain the same.) Section 2. Eden Prairie City Code, Section 2 . 1 1 e n t i t l e d " B o a r d of Adjustments and Appeals" is hereby amende d b y a d d i n g a S u b d i v i s i o n to read: Subd. 5. Variance Time Limitation. Variance s g r a n t e d from the provisions of the City Code shall b e u s e d w i t h i n o n e year and if not, the variance will be of n o f u r t h e r f o r c e a n d effect. Section 3. Eden Prairie City Code, Chapter 1 e n t i t l e d " G e n e r a l Provisions and Definitions Applicable to th e E n t i r e C i t y C o d e I n c l u d - ing Penalty for Violation" and Section 2. 9 9 e n t i t l e d " V i o l a t i o n a Misdemeanor" are hereby adopted in their e n t i r e t y , b y r e f e r e n c e , a s though repeated verbatim herein. Section 4. This ordinance shall become effe c t i v e f r o m a n d a f t e r its passage and publication. FIRST READ at a regular meeting of the City C o u n c i l o f t h e C i t y of Eden Prairie on the - of 19 and finally read and adopte -dand ordered pUIT11-Shed at a regular meeting of the City Council of said City on the d a y o f 19 -1- ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of 19 -2- 1.12s PROPOSED ORDINANCE NO. 5-2q- ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY CHANGING PROVISIONS RELATING TO ADOPTION OP PUBLIC UTILITY RATES AND CHARGES, AND ASSESS- MENT OF LIEN FOR DELINQUENT UTILITY RATES AND CHARGES; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Section 3.03, is hereby amended to read: SEC. 3.03. FIXING RATES AND CHARGES FOR PUBLIC UTILITIES. All rates and charges for public utilities not regulated by an agency of the State, shall be fixed and determined by the Council and adopted by resolution. Upon adoption such rates and charges shall become provisions of this Chapter. Public utility company rates and charges may be fixed and determined in compliance with this Section, as follows: (Subdivisions 1, 2, 3 and 4 remain the same) Section 2. Eden Prairie City Code, Section 3.05, entitled "Rules and Regulations Relating to Municipal Utilities" is hereby amended by changing Subparagraph B of Subdivision 8 to read: B. Each such charge is hereby made a lien upon the premises served. Any amount owing to the City on September 30th of each year which totals $100.00 or more, when all or part of the $100.00 is more than thirty days past due, shall be certi- fied by the City Clerk-Treasurer of the City of Eden Prairie, Minnesota to the County Auditor between the 1st and 10th day of October of each year, and the City Clerk-Treasurer in so certify- ing such charges to the County Auditor shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. Section 3. Eden Prairie City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Includ- ing Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after Its passage and publication. FIRST READ at a regular meeting of the City Council o f t h e C i t y of Eden Prairie on the _ day of__ _, 19 , and finally read and adopted na -Ordered published meeting of the City Council of said City on the day of 19 ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of 19 -2 - CERTIFIED COPY OF A PORTION OF THE CITY CODE OF EDEN PRAIRIE MINNESOTA Subd. 8. Municipal Utility Service and Charges a Lien. A. Payment for service and charges provided for herein shall be the primary responsibility of the owner of the premises served and shall be billed to the owner unless otherwise authorized in writing by the tenant and owner and consented to by the City of Eden Prairie, Minnesota. The City may collect the same in a civil action or, in the alternative and at the option of the City, as otherwise provided in this Subdivision. B. Each such charge is hereby made a lien upon the premises served. Any amount owing to the City on September 30th of each year which totals $100.00 or more, when all or part of the $100.00 is more than thirty days past due, shall be certified by the City Clerk- Treasurer of the City of Eden Prairie, Minnesota to the County Auditor between the 1st and 10th day of October of each year, and the City Clerk-Treasurer in so certifying such charges to the County Auditor shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. CERTIFICATE I, JOHN D. FRANE, the duly appointed, qualified and acting City Clerk-Treasurer of the City of Eden Prairie, Minnesota, hereby certify that the above and foregoing is a true, correct and complete copy of that portion of the Eden Prairie City Code, Section 3.05 entitled "Rules and Regulations Relating to Municipal Utilities" designated Subdivision B. DATED at Eden Prairie, Minnesota, this ___day of 19 John D. Franc PROPOSED ORDINANCE NO. ORDINANCE NO._ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULA- TION" BY CHANGING PROVISIONS RELATING TO DEFINITIONS OF CLUB AND FRATERNAL CLUB, RESIDENT MANAGER OR AGENT, LIMITATION ON OWNERSHIP, HOURS OF SALE, LIQUOR AND ON-SALE WINE LICENSE REQUIREMENTS; BY REPEALING A PROVISION RELATING TO INSURANCE COVERAGE; AND, BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIR1E,.MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Section 4.01, entitled "Definitions" is hereby amended by changing Subdivisions 15 and 16 to read: 15. "Club" means any corporation duly organized under the laws of this State for civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than fifty members, and shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit from the distri- bution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the Directors or other governing body. Such club or congressionally chartered veterans organization must be incorporated and must have been in existence for at least three years. 16. "Fraternal club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. Section 2. Eden Prairie City Code, Section 4.02 entitled "Applications and Licenses Under This Chapter - Procedure and Adminis- tration" is hereby amended by changing Subdivision 7 to read: Subd. 7. Manager or Agent. Before a license is issued under this Chapter to an individual who is a non-resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is its manager or agent. Such manager or -1- q29 agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to act in such capacity for the licensee without appoint- ment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Section 3. Eden Prairie City Code, Section 4.05, is hereby amended to read: SEC. 4.05. LIMITATION ON OWNERSHIP. No person shall be granted liquor or wine licenses at more than one location. For the purpose of this Section, any person owning an interest of five percent, or more, of the entity to which the license is issued, or such ownership by a member of his immediate family, shall be deemed to be a licensee. Section 4. Eden Prairie City Code, Section 4.14, entitled "Financial Responsibility of Licensees" is hereby amended by changing Subdivisions 1, 2 and 3 to read: Subd. 1. Proof. No beer, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340.95, by filing with the City: (Subparagraphs A, B and C remain the same) Subd. 2. Exception. This Section does not apply to on-sale beer licensees with sales of beer of less than $10,000.00 for the preceding year, nor to off-sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, nor does it apply to holders of on-sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. Section 5. Eden Prairie City Code, Section 4.33 is hereby amended to read: SEC. 4.33. HOURS OF BEER SALES. No sale of beer shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday, Monday through Saturday, inclusive. Neither shall any beer sale be made on any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon. Section 6. Eden Prairie City Code, Section 4.51, entitled "Liquor License Restrictions and Regulations" is hereby amended by changing Subdivisions 1 and 10 to read: Subd. 1. Prior to issuance of any on-sale license, the applicant shall file with the City Clerk-Treasurer a bond with a corporate surety, cash or United States government bonds in the sum of $3,000.00. Subd. 10.. On-sale licenses shall be granted only to hotels, motels, restaurants, clubs, fraternal clubs, and congres- sionally chartered veterans organizations. Section 7. Eden Prairie City Code, Section 4.52, is hereby amended to read: SEC. 4.52. HOURS AND DAYS OF LIQUOR SALES. Except as pro- vided in Section 4.53, no sale of liquor shall be made after 1:00 o'clock A.M. on Sunday, nor until 8:00 o'clock A.M. on Monday, nor after 8:00 o'clock P.M. on December 24, nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday. Section 8. Eden Prairie City Code, Section 4.53, is hereby amended to read: SEC. 4.53. SUNDAY SALES. A Sunday on-sale liquor license may be issued to hotels, motels, restaurants or clubs, as herein defined, which have on-sale licenses and which also have facili- ties for serving not less than 150 guests at one time, may serve liquor between the hours of 12:00 o'clock noon and 12:00 o'clock midnight on Sundays in conjunction with the serving of food. Section 9. Eden Prairie City Code, Section 4.71, entitled "On- Sale Wine License Restrictions and Regulations" is hereby amended by changing Subdivisions 1 and 6 to read: Subd. 1. Prior to issuance of any on-sale wine license, the applicant shall file with the City Clerk-Treasurer a bond with a corporate surety, cash or United States government bonds in the sum of $3,000.00. Subd. 6. No person under the age of eighteen (18) years shall be employed upon premises, or in any rooms constitut- ing the same, except that persons under the age of eighteen years may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant. Per- sons under eighteen years of age may be employed as waiters or waitresses in places defined as a restaurant, hotel or motel to serve food in rooms in which only wine is sold on-sale, provided they shall not be permitted to serve or sell wine. Section 10. Eden Prairie City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Includ- ing Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. -3- LI Section 11. 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 19 ___ , and finally read and adopted and ordered pub___ , lished at a regular meeting of the City Council of said City on the day of 19 ATTEST: City Clerk Mayor Published in the Eden Prairie News on the 19 __day of • -4- 1.132 PROPOSED ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" TO ADD PROVISIONS RELATING TO LICENSING OF GAS FITTERS, WATER SOFTENER AND FILTERING EQUIPMENT INSTALLERS, HEATING AND VENTILATING CONTRACTORS, AND INDIVIDUAL SEWAGE SYSTEM INSTALLERS; BY REPEALING PROVISIONS RELATING TO HEATING AND VENTILATING CONTRACTORS; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Chapter 5, is hereby amended by adding Sections to read: SEC. 5.41. GAS FITTER. Subd. 1. License Required. It is unlawful for any person except a person holding a Class A or Class B gas fitter's license or a licensed journeyman gas fitter working under the immediate supervision of a person holding a Class A or Class B gas fitter's license, to install, alter or repair any gas piping for illuminating or fuel gas or install, alter, repair or service any gas burning devices connected thereto, in or for any building or structure in the City. Subd. 2. Class A and Class B Licenses. Licenses shall be issued for either of the following classes of work: A. Class A License. A Class A gas fitter's license shall entitle the holder thereof to engage in all branches of the business of installing, altering and repairing gas piping for illuminating or fuel gas and installing, altering, repairing and servicing gas burning devices connected thereto, including gas burners and gas burner equipment, as herein defined; and for the purpose of this Section, the term "gas burner" shall mean: (1) a device for the final conveyance of the gas, or a mixture of gas and air, to the combustion zone of a boiler or furnace used in connection with a heating system; (2) a power burner in which either gas or air, or both, are supplied at pressures exceeding, for gas, the house line pressure, and for air, atmospheric pressure; or (3) an atmospheric burner (other than a gas range or a gas water heater) in which air at atmos- pheric pressure is injected into the burner by a jet of gas pressure, and whose input exceeds 50,000 BTU per hour, and the term "gas burner equipment" shall include "gas burners" as above defined; and all piping (other than supply piping from meter to appliance shutoff valve, blowers, control devices and acces- sories, connected to such burners.) B. Class B License. A Class B gas fitter's license shall entitle the holder thereof to engage in all branches of the business covered by a Class A license, as above set forth, except the installing, altering, repairing and servic- ing of "gas burners" and "gas equipment" as above defined. Subd. 3. Journeyman Gas Fitter's License. Every person doing gas fitting work for any Class A or Class B licensee shall hold a journeyman gas fitter's license hereunder. Subd. 4. Applications. The application for a Class A or Class B license or renewal of license shall be accompanied by proof that the applicant holds either a master's certificate of competency issued by the Minneapolis Board of Examiners of Plumbers or a gas fitter's license of the same class as that for which the application is made issued by the City of Minneapolis, or the City of Bloomington or the City of St. Louis Park. The application for a journeyman gas fitter's license shall be accom- panied by proof that the applicant holds a journeyman gas fitter's license issued by one of the same three cities. Subd. 5. Bond Required. Every applicant for a Class A license shall file with his application a bond running to the City in the penal sum of $1,000.00, conditioned that the licensee, in all material and equipment by him furnished and in all work by him done and performed in installing, altering or repairing gas piping or installing, altering, repairing or ser- vicing gas burner devices or gas burner equipment, as herein defined, will strictly conform to the provisions of the City Code relating thereto. The bond shall apply to all work to be done under the license during the period from the date of issuance to the date of expiration of the license. Subd. 6. Liability Insurance. The applicant for a Class A or Class B license shall also furnish proof that a policy of public liability insurance has been procured with respect to work to be performed by him during the license period, for death or personal injury arising therefrom to any person or persons, in amounts of not less than $100,000.00 for each person and $300,000.00 for each incident, and for damage to property arising from any incident in the amount of not less than $50,000.00. SEC. 5.41. WATER SOFTENER AND WATER FILTERING EQUIPMENT INSTALLERS. Subd. 1. License Required. It is unlawful for any person, not a duly licensed plumber, to engage in the business of installing water softeners and water filtering equipment without a license therefor from the City. Subd. 2. Licensee Regulations. A. Before a license is granted under this Sec- tion, the applicant shall file with the City Clerk-Treasurer a corporate surety bond in the penal sum of $2,000.00 conditioned -2- 4:314 upon the faithful and lawful performance of all work entered upon by him. The bond shall be for the benefit of persons injured or suffering financial loss by reason of failure of performance. The term of the bond shall be concurrent with the term of the license. B. Installations by water softener installers shall be only where provision has been previously made therefor and openings left for that purpose or by use of cold water con- nections to a domestic water heater, where it is not necessary to rearrange, make any extension or alteration of, or addition to any pipe, fixture or plumbing connected with a water system except to connect the water softener, and provided the connec- tions so made comply with minimum standards prescribed by the Minnesota State Plumbing Code. C. No licensee shall install water softening or water filtering equipment except in private residence water distribution systems. D. No licensee shall use more than ten feet of pipe in the aggregate. Subd. 3. Insurance Required. Insurance with limits of $100,000.00 for each person, $300,000.00 for each occurrence, and $50,000.00 for property damage is required. SEC. 5.43. HEATING AND VENTILATION CONTRACTOR. Subd. 1. License Required. It is unlawful for any person, other than an owner for personal use and occupancy, to install, alter, reconstruct or repair any heating, ventilating, comfort cooling or refrigeration equipment without a license therefor from the City. Subd. 2. Insurance Required. Insurance with limits of $100,000.00 for each person, $300,000.00 for each occurrence, and $50,000.00 for property damage is required. SEC. 5.44. INDIVIDUAL SEWAGE SYSTEM INSTALLERS. Subd. 1. License Required. It is unlawful for any person to engage in the business of installing and constructing sewage disposal systems without a license therefor from the City. Subd. 2. Bond Required. No license shall be issued until the applicant has filed with the City a bond in the penal sum of $2,000.00 on which the City is obligee, conditioned on the use of quality materials for all work, and performance of the work in a good and workmanlike manner. Section 2. Eden Prairie City Code, Section 5.33 entitled "Building Contractor" is hereby amended by repealing Subparagraph C of Subdivision 1 and Subparagraph C of Subdivision 3. -3- Section 3. Eden Prairie City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Includ- ing Penalty for Violation and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. 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 , 19 , and finally read and adopted and orderedpublished at a regular meeting of the City Council of said City on the day of 19 ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of • 19 -4- tap G. PROPOSED ORDINANCE NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 7 ENTITLED "TRAFFIC REGULATIONS" TO UPDATE ADOPTION OF CERTAIN STATUTES BY REFERENCE; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE CITY CODE CHAPTER 1 AND SECTION 7.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Section 7.01, is hereby amended to. read: SECTION 7.01. MINNESOTA STATUTES, CHAPTERS 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter, or in Chapters 6 and 8 of this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1983, are hereby incorpo- rated herein and adopted by reference, including the penalty provisions thereof. Section 2. Eden Prairie City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Includ- ing Penalty for Violation" and Section 7.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 19 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 19 ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of 19 PROPOSED ORDINANCE NO. 10-84 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 8 ENTITLED "PARKING REGULATIONS BY CHANGING PROVISIONS RELATING TO PHYSICALLY HANDICAPPED PARKING; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Section 8.16, is hereby amended to read:* SEC. 8.16. PHYSICALLY HANDICAPPED PARKING. Subd. I. Statutory parking privileges for physically handi- capped shall be strictly observed and enforced. All handicapped parking signs are to be permanently affixed. The handicapped parking sign shall be approximately 18" x 24" or larger with a blue background and white letters bearing the handicapped insignia and shall state - HANDICAPPED PARKING - STATE PERMIT REQUIRED - POLICE WILL ENFORCE. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges. Police officers are also author- ized to tag any vehicles blocking access to handicap parking spaces even though they are not actually parking in the space. Subd. 2. It is unlawful for any person, whether or not physically handicapped, to stop, park, or leave standing, a motor vehicle (I) in a sign-posted fire lane at any time, or (2) in lanes, where, and during such hours as, parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours. Section 2. Eden Prairie City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Viola- tion" and Section 8.99 entitled 'Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1984. ATTEST: City Clerk Mayor Publish in the Eden Prairie News on the day of ,1984. 1-12)'"/ PROPOSED ORDINANCE NO. ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNE S O T A , A M E N D I N G C I T Y CODE CHAPTER 9 ENTITLED "PUBLIC PROTECTION, CRI M E S A N D O F F E N S E S " T O CHANGE PROVISIONS RELATING TO REGULATION OF USE O F A N D E R S O N L A K E S ; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE CITY C O D E C H A P T E R I A N D SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN P E N A L T Y P R O V I S I O N S . THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINN E S O T A , O R D A I N S : Section 1. Eden Prairie City Code, Section 9.61, entitled "Regulation of Use of Anderson Lakes" is hereby amend e d b y c h a n g i n g Subdivisions 1, 3 and 4 to read: Subd. 1. Anderson Lakes and all that part of the lake front owned by the Hennepin County Park Reserve District s h a l l b e and hereby is set apart for nature study purposes to be u s e d o n l y for such purposes and for such other recreational purpo s e s , n o t inconsistent with nature study purposes. Subd. 3. It is unlawful for any person to launch or remove any vessel from the waters or the ice of Anderson Lakes over public property, except as permitted by and under t h e s u p e r - vision of the Hennepin County Park Reserve District s t a f f f o r nature study. Subd. 4. Except for public officers, in the perfor- mance of their duty, it is unlawful for any person t o e n t e r , remain within, drive, operate any vessel or watercraf t i n t o o r within Anderson Lakes except as permitted by and under t h e s u p e r - vision of the Hennepin County Park Reserve District s t a f f f o r nature study. Section 2. Eden Prairie City Code, Chapter I entitled " G e n e r a l Provisions and Definitions Applicable to the Entire Cit y C o d e I n c l u d - ing Penalty for Violation" and Section 9.99 entitled " V i o l a t i o n a Misdemeanor" are hereby adopted in their entirety, by r e f e r e n c e , a s though repeated verbatim herein. Section 3. This ordinance shall become effective from a n d a f t e r its passage and publication. FIRST READ at a regular meeting of the City Council o f t h e C i t y of Eden Prairie on the day of 1 9 , a n d finally read and adopted and ordered published at a reg u l a r m e e t i n g o f the City Council of said City on the day of 19 ____ • ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of 19 1-13 °) PROPOSED ORDINANCE NO. I - ORDINANCE NO.____ AN ORDINANCE OF Illy 7ITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 10 ENTITLED "CONSTRUCTION PERMITS AND REGULATIONS" BY CHANGING PROVISIONS RELATING TO ADOPTION OF THE STATE BUILDING CODE, AND RAISING OR MOVING OP BUILDINGS; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Section 10.01 is hereby amended to read: SECTION 10.01. MINNESOTA STATE BUILDING CODE ADOPTED. The Minnesota State Building Code (hereinafter "State Building Code" or "SHC") has been adopted by Minnesota Statutes 16.83 through 16.869 as a uniform building code applicable throughout the State. Such Code is hereby confirmed as the Building Code of the City and is hereby adopted and incorporated by reference as if fully set out herein. One copy of said Code shall be marked CITY OF EDEN PRAIRIE - OFFICIAL COPY and kept on file and available for public examination in the officc of the Building Inspection Department. Subd. 1. Current Edition. The State Building Code adopted herein shall mean the 1980 Edition of the State Building Code as amended by proposed rules published in the State Register dated November 22, 1982 and adopted in the State Register dated February 21, 1983, and all Codes, Appendices, Standards and Supplemental Materials as follows: A. The City and the State Building Code hereby adopt by reference the following Codes and Standards as if fully set out herein: 1. 1982 Edition of the Uniform Building Code; 2. 1981 Edition of the National Electric Code; 3. 1978 American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, identified as ANSI A17.1-1978, and supplement ANSI A17.1a-1979; 4. 1979 Minnesota Plumbing Code with amendments through 1981; 5. "Flood Proofing Regulations", June, 1972, Office of the Chief Engineers, U.S. Army; 6. Minnesota Heating, Ventilating, Air Conditioning, and Refrigeration Code; 7. "Design and Evaluation Criteria for Energy Conservation in New Building, Additions and Remodeled Elements of Buildings and Standards for Certain Existing Public Buildings", 1978 Edition; _1 _ 1_1On 8. State of Minnesota Manufactured (Mobile) Home Rules, 1982 Edition. B. In addition to those items listed above, t h e City and the State Building Code hereby adopt b y r e f e r e n c e t h e following Appendices, Standards and Supplemen t a l M a t e r i a l s a s part of the Building Code. of the City as if ful l y s e t o u t h e r e i n : L Technical Requirements for Fallout Shelters, identified as SBC Appendix "A"; 2. Variations in Snow Loads, identified as SBC Appendix "B"; 3. 1979 Uniform Building Code Appendix Chapter 35, Sound Transmission Control; 4. Minnesota Plumbing Code Appendix "8". C. The following Appendices, Standards and Supplemental Matertals referenced by the State B u i l d i n g C o d e a s optional requirements are hereby adopted as part o f t h e B u i l d i n g Code of the City as if fully set out herein: 1. Minnesota State Building Code, Appendix IIC H ; 2. 1982 UBC Appendix Chapters 7, 38, 55 and 70; 3. Minnesota Plumbing Code Appendices C and D; 4. Flood Proofing Regulations, Section 201.2 through 208.2. (Subdivision 2 remains the same.) Section 2. Eden Prairie City Code, Section 1 0 . 0 5 , i s h e r e b y amended to read: SEC. 10.05. PERMITS AND SPECIAL REQUIREMENTS F O R M O V I N G BUILDINGS. Subd. 1. Definition. "Street" or "Streets" as used in this Section means all streets and highways in t h e C i t y w h i c h a r e not State trunk highways, County State-aid hi g h w a y s , o r C o u n t y roads. Subd. 2. Moving Permit Required and Application . A. It is unlawful for any person to move a building on any street without a moving perm i t f r o m t h e C i t y . B. The application for a moving permit shall state the approximate size and weight of th e s t r u c t u r e o r building proposed to be moved, together with the p l a c e s f r o m a n d to which it is proposed to move the same, and p r o p o s e d r o u t e t o be followed, proposed dates and times of moving a n d p a r k i n g , a n d the name and address of the proposed mover. S u c h a p p l i c a t i o n -2- LP41 shall also state any municipal utility, street, and public property repairs or alterations that will be required by reason of such movement. Subd. 3. Permit ana Fee. The moving permit shall state date or dates of moving, hours, routing, movement and parking. Permits shall be issued only for moving buildings by building movers licensed by the State of Minnesota. Fees to be charged shall be separate for each of the following: (1) a moving permit fee to cover use of streets and route approval, and (2) a fee equal to the anticipated amount required to compensate the City for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. The latter shall be paid in advance. Subd. 4. Building Permit and Code Compliance. Before any building is moved from one location to another within the City, or from a point of origin without the City to a destination within the City, regardless of the route of movement, it shall be inspected and a building permit shall have been issued for at least the work necessary to bring it into full compliance with the State Building Code. Subd. 5. Proof of Tax Payment. It is unlawful to move any building (including a manufactured home) if the point of origin or destination (or both) is within the City, and regardless of the route of movement, without having paid in full all real and personal property taxes and special assessments due thereon, and filing written proof of such payment with the City. Section 3. Eden Prairie City Code, Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Includ- ing Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. 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 19 __ __if and finally read and adopted and I ordered published at a regular meeting of the City Council of said City on the day of o 19 ATTEST: -- -City Clerk Mayor Published in the Eden Prairie News on the day of 19 -3-- 4111 K. PROPOSED ORD I NANCE NO. — ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 12 ENTITLED "SUBDIVISION REGULATION (PLATTING)" BY CHANG- ING A PROVISION RELATING TO PROCEDURE FOR FINAL PLAT; AND, BY ADOPTING BY REFERENCE EDEN PRAIRIE CITY CODE CHAPTER 1 AND SECTION 12.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code, Section 12.20 entitled "Procedure for Final Plat" is amended by changing Subdivision 5 to read: Subd. 5. Subsequent to approval by the Council and before execution by the City of the final plat (if the final plat is in such form as to require execution by the City) and delivery thereof or delivery of a certified copy of any resolution of the Council approving a final plat, the subdivider shall, if he has not previously done so, pay to the City fees for first three year street lighting (public streets) engineering review and street signs. Section 2. Eden Prairie City Code, Chapter 1 entitled "General Provisionn and Definitions Applicable to the Entire City Code Includ- ing Penalty for Violation" and Section 12.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the ____day of 19 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 19____ . ATTEST: City Clerk Mayor Published in the Eden Prairie News on the ( 19 _____. day of MEMO TO: FROM: THROUGH: DATE: SUBJECT: City Council Chris Enger, Director of Planning Carl Jullie, City Manager March 1, 1984 Restrictive Covenants for Bryant Lake Office/Tech Center Welsh Construction Corporation is requesting amendments to the Declaration of Restrictions approved with the Bryant Lake Office/Tech Center on Market Place Drive to make it consistent with the Declaration of Restrictions approved for the Ryan Construction project on Shady Oak Road. I felt that it would be helpful to the Council to provide some background information as to the events that led up to the conditions of approval for both companies last year. Early conversations with the Planning Staff and the developers on both the Welsh project and the Ryan Construction project initially indicated that the buildings to be built were going to be office buildings. As the discussions progressed and as applications were made, it became obvious that the developer's did not intend to construct buildings which would be leased for 75-100% office use. Planning Staff encouraged the developers, therefore, to apply for the light industrial zoning, which permits up to 50% office. This percentage seemed much more in keeping with what the occupancy characteristics the developers identified, and was what they would commit to. The percentage of office went quickly from 100%, to 75%, to 50%, and finally at the time of approval of the Welsh project, to 40%, which was comnitted to as a minimum amount of office usage. Both projects were in the process at the same time, but the Ryan project was delayed and was not approved until several weeks after the Welsh project. Between 1st and 2nd readings of the zoning ordinance, the Ryan Construction people felt that they had made enough physical changes to the building that it should allay any concerns that the City had regarding the looks of the project as primarily an office project and the way in which it would be leased out. Ryan Construction specifically asked the City Council to reduce their required percentage of office to 25% because of the physical changes they had made in the project. These drastic physical design constraints are not present in the Welsh project, and, therefore, to compare both projects as apples-to-apples with the same percentage of restriction of office use the Council may feel is not appropriate. The Welsh project is made up of two buildings that are zoned Industrial, one of 30,000 sq. ft. and one of 24,000 sq. ft. Between the two buildings there are six dock-high loading bays. The average bay depth for tenant space is approximately 85 ft. The buildings are brick and glass on three sides and a concrete product on the service bay side. (me/ Bryant Lake Office/Tech Center -2- March 1, 1984 The Ryan Construction project differed from the Welsh project in that the four buildings actually are planned with eight separate elements which are to be two- story office elements. The Ryan Construction project was to be of a burnished block and glass exterior material all the way around the building. The service bay area is completely enclosed by the design of the building and there are to be no dock- high doors proposed. All service was to be provided by overhead doors. The average bay depth for the Ryan building is approximately 60 ft. Parking for the Welsh project is approximately 3.44 spaces per 1,000 sq. ft. of gross floor area of building, while the Ryan Construction project is slightly under 3 spaces per 1,000 for the entire building. In light of the physical differences between the buildings, the Council had granted the lower requirement for office space to the Ryan Construction project. Now that Welsh is asking for a reduction of their office percentage, the Council may wish to consider whether or not the inclusion of the dock-high doors for the Welsh Construction project will encourage tenancies of a more assembly or light industrial nature, rather than office and, therefore, require the 40% minimum office limitation, or whether the project should be treated the same for percentage of limitation of office space as the Ryan project. Respectfully, Dennis -U. Doyle Welsh Construction Corp. WE II CONSTRUCTION (3f ‘.\ February 16, 1984 Dear Mayor Penzel and City Council members: The purpose of this letter is to request an amendment to the Declaration of Restrictions porti on of the Developer's Agreement for Bryant Lake Technical Center located on Market Place Drive, Eden Prairie, Minnesota. Specifically, we are requesting the City to amend the Bryant Lake Technical Center Developer's Agreement to reflect the same re- strictions on usage as are imposed on the City West project pro- posed by Ryan Construction. As you recall, Bryant Lake was the first project of this mixed- use nature to be presented to the City for approval. The Devel- oper's Agreement and restrictions regarding usage were therefore the first to be drafted by the City. We are finding it difficult to obtain financing; our lenders are reluctant to commit to financing a project with such restrictive covenants on the percentage of office usage and the manner in which the space is finished. We are confident that it was not the intent of the City to create a situation where a similar project to ours be afforded any mar- keting or financial advantage due to the placement of these restrictions on the property. Unfortunately, this is the reality. Welsh Construction Corp. is anxious to begin construction of two buildings in Bryant Lake. The buildings will be built for users and, pending financing approvals, will be under construction within 30 days. Please find attached copies of both the Bryant Lake Technical Center Developer's Agreement and that for the City West project by Ryan Construction. We hope that you understand our situation and would appreciate your granting our request. 11200 West 78th Street, Eden Prairie, Minnesota 55344 / (612) 944-5810 / Development, Construceon Lii1f-"Dt1 DECLARATION OF RESTRICTIONS THIS AGREEMENT Made and entered into this day of 1983, by and between Wallace H. Rusted and Ruth K. Hustad, husband and wife (hereinafter collectively referred to as •HustacP), Winifred C. Wheaton and Norwest Bank Midland, N.A., a United States of America Corporation, co-personal representatives of the Estate of Thomas E. Wheaton, deceased (hereinafter referred to as "Wheaton"), Eden Prairie Land Company II, a Minnesota general partnership (hereinafter referred to as °Eden II"), Welsh Construction Corp., a Minnesota corporation (hereinafter referred to as 'Welsh') and the City of Eden Prairie (hereinafter referred to as "Cite). WITNESSETH: WHEREAS, Hustad is the fee ovner, Wheaton is the mortgagee and Eden II is the contract vendee of certain premises situate in the County of Hennepin, State of Minnesota, more particularly described on Exhibit A attached hereto and made a part hereof (hereinafter referred to as 'Property"), and WHEREAS, the parties hereto have requested that the City consent and approve of a plat of the Property to be called Bryant Lake Office Tech Center and to consider favorably an Application for Re-Zoning therefor, and WHEREAS, Welsh desires to acquire a portion of the Property once such platting and re-zoning has been concluded, and WHEREAS, the parties desire to provide for the preservation of the values and amenities of the Property and the adjacent area and to subject the Property to certain restrictions as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual benefits to be derived, each of the parties hereto do hereby agree as follows: 1. The Property or any part thereof may not be used for any of the followings A. Any use which is described on the attached Exhibit B or which produces toxic or obnoxious waste or any other use which is hazardous to life, health, or property. B. Any storage of toxic material or any other material either of which is dangerous to life, health, or property. '7( C. Any retail sales, any food processing or baking, commercial printing, automotive, motorcycle, small engine, or other repair shops or service centers, body shops, electroplating, cabinet shops, auto or machine supply, mortuaries, paint shops, veterinary or animal boarding facilities. D. Any manufacturing or processing of products from raw materials. E. Light manufacturing or assamDIX_LromiamitheJLEIE91 or components, unless such activities are conducted inside a building or structure having interior ceilings and walls that are either peinte&..pL...ti1e 7( P. The utilization for storage, assembly, fabrication or holding of inventory, of more than 20 percent of the total space occupied by any construction or construction contracting or subcontracting business inc2uding, but not limited to, sheet metal, electrical, heating, ventilating or air-conditioning, window, roofing, plastering, painting or siding or any food broker. 7c G. No less than 40 percent of any building or structure on the land shall be used for office purposes. No more than 40 percent of any building or structure on the 1--L shall be used for assembly purposes or operations, and no more than 50 percent of any such building or structure shall be used for storage purposes. 2. The restrictions created hereby shall be perpetual and shall run with and bind the Property from and after the date hereof. -2- By 3. The restrictions shall benefit theLake Ridge Office Park Association, a Minnesota corporation, the present and future owners and mortgagees of the Property and the City. Any party benefitting from any restriction may seek to enforce it by a proceeding at law or in equity against any person violating or attempting to violate the same, either to restrain violation, to compel compliance or to recover damages. Attorney's fees and costs of any such actions to restrain violation or to recover damages as determined by the Court shall be assessable against and payable by any persons violating the terms contained herein. 4. The restrictions may not be altered, modified or amended without the prior written approval of the City. 5. This Agreement shall inure to the benefit of and shall bind the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above wyitten. Winifred C. Wheaton, Co-Personal Representative of the Estate of Thomas E. Wheaton, deceased Norwest Bank Midland, N.A. By Its Co-Personal Representative of the Estate of Thomas B. Wheaton, deceased Its Mayor By Its Manager Welsb r171xyc:Worp. By c Its /. 1-1 Ci -3- y 'DECLARATION OF RESTRICTIONS THIS AGREEMENT Made and entered into this 2nd day of August, 1983, by and between Richard W. Anderson, Inc. (hereinafter referred to as "Anderson"), Ryan Construction Company of Minnesota, Inc., a Minnesota corporation (hereinafter referred to as ."Ryan") and the City of Eden Prairie (hereinafter referred to as "City"). WITNESSETH: WHEREAS, Anderson is the fee owner, of certain premises situate in the County of Hennepin, State of MinnesLa, more particularly descr.bed on Exhibit A attached hereto and made a part hereof (hereinafter . . referred to as "Property"), and WHEREAS, the parties hereto have requested that the City consent and approve of a plat of the Property to be called City West Business Center and to consider favorably an Application for Re-Zoning therefor, and WHEREAS, Ryan desires to acquire a portion of the Property to construct two (2) buildings (hereinafter referred to as "Project") once such platting and re-zoning has been concluded, and WHEREAS, the parties desire to provide for the preservation of the values and amenities of the Property and the adjacent area and to subject the Property to certain restrictions as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual benefits to be derived, each of the parties hereto do hereby agree as follows: 1. The Property of any part thereof may not be used for any of the following: A. Any use which is described on the attached Exhibit 8 or which produces toxic or obnoxious waste or any other use which is hazardous to life, health, or property. -2 - 8. Any storage of toxic material or any other material either of which is dangerous to life, health, or property. C. Any retail sales, any food processing or baking, commercial printing, automotive, motorcycle, small engine, or other repair shops or service centers, body shops, electroplating, cabinet shops, veterinary or animal boarding facilities. D. Any manufacturing or processing or products from raw materials. E. The utilization for storage, assembly, fabrication or holding of inventory, of more than 20 percent of the total space occupied by any construction or construc.ton contracting or Abcontlacting business including, but not limited to, sheet metal, electrical, heating, ventilating or air-conditioning, window, roofing, plas- tering, painting or siding. F. No less than 25% of the project on the land shall be used for office purposes. No more than 75% of the project shall be used for assembly purposes and no more than 75% of the project shall be used for storage purposes. 2. The restrictions created hereby shall be perpetual and shall run with and bind the Property from and after the date hereof. 3. The restrictions shall benefit the present and future owners and mortgagees of the Property and the City. Any party benefitting from any restriction may seek to enforce it by a proceeding at law or in equity against any person violating or attempting to violate the same, either to restrain violation, to compel compliance or to recover damages. Attorney's fees and costs of any such actions to restrain violation or to recover damages as determined by the Court shall be assessable against and payable by any persons violating the terms contained herein. 4. The restrictions may not be alternated, modified or amended without the prior written approval of the City. 5. This Agreement shall inure to the benefit of and shall bind the parties hereto and their successors and assigns. CITY OF EDEN PRAIRIE By By Its Manager -3- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. RICHARD W, ANDERSON, INC. By Its RYAN CONSTRUCTION COMPANY OF MINNESOTA, INC. dY-6104 Its Pet , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-41 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRESERVE COMMERCIAL PARK NORTH 2ND ADDITION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Preserve Commercial Park North 2nd Addition, dated January 19, 1984, consisting of 6.75 acres for four commercial lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the , 1984. day of Wolfgang H. Penzel, Mayor ATTEST: John 0. Frane, City Clerk 0 66- 1-5 pop / / 0-111 _Q_FC.2 213C C-REG 70-3 '7.14kAlhh -REG-' 1110115iin - ''' 110rut) 11:11C0:4411n 11.. ITE ..46 lei 14 d .-- Air77' En ingill - '\,i n ' ;NM AREA LOCATION MAP 1 1 SEP STAFF REPORT TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner TROUGH: Chris Enger, Director of Planning DATE: February 24, 1984 APPLICANT i—TrElITiER: The Preserve of Eden Prairie PROJECT: Preserve Commercial Park North 2nd Addition LOCATION: Northwest quadrant of Highway #169 and Prairie Center Drive REQUEST: Preliminary Plat of 6.75 acres for four lots Background The Properly was zone 4 in 1975 to C- het., vnal Se.vice. Thc plan .,as multiple small lots along Highway #169 and a large lot within the interior of the parcel. Access to the development was via a joint private drive, which was to be located between the large and small lots, running from Prairie Center Drive (formerly Schooner Boulevard) to Middleset Road. The property was then platted, reducing the number of lots along the Highway #169 frontage to three and leaving the large interior lot. The private drive was to remain as a component of this plat. The Preserve currently owns two undeveloped lots within the parcel. Eden Prairie Animal Hospital is located on Lot 1, Block 2; the Burger King Corporation has pur- chased Lot 3, Block 2. Burger King has received approval by the Design Review Committee for this site, as required by the developer's agree- ment for the property, for a fast food restaurant and is currently requesting building permit issuance. Li/S(0 Preserve Commercial Park North 2 February 27, 1984 Site Plan The current proposal is to replat the property, maintaining the same number of lots, but slightly revising the private road alignment and dedicating it as a public road. The revised road alignment is located approximately 20-30 ft. to the southeast. The adjacent lots maintain the minimum width and depth requirements. The private access drive was to be located within a 30 ft. wide joint easement, with a 15 ft. structural setback and a variable parking setback from the easement line. The current proposal is to place a public road within a 40 ft. right-of-way. A 10 ft. easement area is located on each side of the right-of-way, providing area for snow removal and sidewalks. A sidewalk is proposed along the east side of the road with possible construction of an additional sidewalk along the west side. A 35 ft. building setback from the right-of-way is proposed. Parking is to be no closer than 20 ft. to each curb line. The public road would be subject to the City's criteria for road design, whereas the private drive would not be. Staff evaluation concludes that the proposed replat would provide additional setbacks, sidewalks, and a road section subject to City standards. RECOMMENDATIONS: 5taff rec , mends appr'val of the pre"minary plat nf 6.75 acres fo four lots, sul.„ect o ha following: 1. Prior to final plat approval, the proponent shall: A. Meet with the Engineering Department regarding utilities and easement locations. B. Receive Watershed District approval. 2. Proponent agrees to construct the road, utilities, and sidewalks to City standards. (16'7 supov.i.0.4 .`" t 91mA 7819 Steret Arbatekra 44Jrderd _ • . MIS • ROSEMOUNT INC. 4.494 PRESERVE COMMERCIAL PARK NORTH "...........pRESERVE COMMERCIAL PARK NORTH 2ND ADDITION • 5 N\ PRESERVE COMMERCIAL PARK SOUTH - *aro. IL.tm4d^ isa CM* Ulm ••n•• SURROUNDING LAND USES MEMORANDUM TO: TURD: FROM: DATE: SUBJECT: • Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services February 27, 1984 Eden Prairie Lions Club Proposal for Parking Lot Improvements Round Lake Park Attached to this memorandum is a letter from Robert Pemberton, Secretary of the Eden Prairie Lions Club, requesting the City Council to consider a proposal by the Eden Prairie Lions Club to expand the parking lot at Round Lake Park that serves the Community Center and ballfields north of Valley View Road. Also, attached to this memorandum is a schematic plan depicting the proposed expansion of the parking lot that would also provide an ideal location for the Lions Club tent and other concessions during the annual Schooner Days celebration. This parking lot expansion is needed to adequately serve the Community Center and the ballficlds throughout the summer, as well as when hockey games are sold out during the winter. The City regraded this area for future parking expansion two years ago, therefore, relatively little grading is necessary. The estimated cost to construct this parking lot if the entire construction is done with City crews is as follows: Base Material - Class V Aggregate $3,000 (material hauled, placed and leveled by City) Asphalt Material (curb and mat) 7,000 (hauled and placed by City) Grading and Culvert 1,000 (contracted) Electrical Service, 2 amp service from the Fire Station to the eastern edge of the parking lot and installation of a decorative lamp light pole similar to light pole at the entrance to the parking lot from valley View Road - estimated cost for the electrical service 1,000 Estimated Total The Lions Club is committing to pay approximately $4,500 to the City of Eden Prairie for this parking lot expansion, and are proposing to pay in three annual installments beginning on Deccmber 31, 1981. The Lions Club is requesting that the City complete this parking lot improvement by June 1, 1984, so that it is usable for the 1984 Schooner Days celebration. e; q -2- Community Services staff support the proposal by the Lions Club and recommend the City Council authorize funding the balance of the cost for this improvement from cash fees, as well as authorizing City crews to complete these improvements. In order to meet the June 1st deadline for this project, we would have to have an extremely early spring and several dry weeks for construction during the month of Mai. This is possible, but not probable. I would suggest that we try for the June 1st deadline. If we don't make it this year for Schooner Days, we will still have the use of the parking lot for the majority of the summer softball season. BL:md o EDEN PRAIRIE LIONS EDEN PRAIRIE, MN February 27, 1984 Mr. Robert Lambert Director of Community Services City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Parking Lot Improvements Round Lake Park Dear Mr. Lambert: I have been authorized by the Board of Directors, Eden Prairie Lions to propose the following for the Parking Lot Improvements adjacent to the Fire Station at Round Lake Park. The Eden Prairie Lions will donate an amount not to exceed $4,500 to the City of Eden Prairie for the parking lot improvements as follows: (1) 200 amp electrical service to the eastern edge of the parking lot which the Eden Prairie Lions will be permitted to use during their Community Activities. The Eden Prairie Lions will pay 100% of this cost. (2) 22,500 square foot parking lot which will be constructed adjacent to the Fire Station and the Eden Prairie Lions will be permitted to use the Parking Lot during their Community Activities. The Eden Prairie Lions will pay approximately 25% of this cost. We propose to pay our pledge in three equal installments which will be due on the 31st of December of each year until the amount of the pledge is paid in full. It is hoped that the parking lot improvements will be completed in time for the 1984 Schooner Days. Resnectively yours, EDEN PRAIRI E E P LION Robert J. Pemberton Secretary . 11(,2-