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HomeMy WebLinkAboutCity Council - 06/05/1984 • EDEN PRAIRIE CITY COUNCIL AGENDA • TUESDAY, JUNE 5, 1984 7:30 PM, SCHOOL ADMINISTRATION BLDG., GYMNASIUM, WEST WING COUNCIL MEMBERS: Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen W " u City Manager Carl J. Jullie; Assistant to City CITY COUNCIL STAFF: 11 , 0' t Manager Craig W. Dawson; City Attorney Richard F f I= Rosow; Finance Director John Frane; Planning ' Director Chris Enger; Director of Conununity VA Services Robert Lambert; Director of Public Works ' / �r Eugene A. Dietz, and Recording Secretary Karen I '? L/ Michael INVOCATION: Councilman Paul I>ledpath � PLEDGE OF ALLEGIANCE vU ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of the City Council meeting held Tuesday, April 17, 1984 f ontinued from 5/15/84) l B. Minutes of the City Council meeting held Tuesdal, May 1, 1984 t III. CONSENT_CALENDAR • 4 A. Change Order Request and Report from Restoration Committee _ B. Authorize Advertising Por Bids for Gradino of Homeward Hills Neighborhood Park C. Adopt final assessment roll for Spring 1984 Special Assessments Resolution No.84- 35- 1. O Approval of 1983 Final Budget Expenditures & Revenues E. Final Plat approval for Technology Park (Resolution No. 84-145) # F. Clerk's License List ki G. Five Year Capital_Improvements Budget (continued from 5/29/84) i H. Approval of Plans and Specifications for Flying Cloud Drive through Lee Data !, Wilson Rift' and authorize e bbiids, hC_52-064 (Resolution No. 84-111) --- __ I Ee ity Council Agenda - 2 - Tues.,June 5, 1984 • 1. NATIONAL. CHILD CARE. 2nd Reading of Ordinance No. 32-84-PUD-5-84, . . Zoning District Change from Rural to Neighborhood Commercial for National Child Care, Approval of Amendment to Developer's Agreement (previously for Anderson Lakes Parkway Shopping Center), and Adoption of Resolution No. 84-125, Approving Summary of Ordinance No. 32-84-PUD-5-84, and Ordering Publication of said Summary for National Child Care. 1.5 acres for a Day Care Facility. Location: Southeast quadrant of Anderson Lakes Parkway and Highway N169. J. EDEN PRAIRIE TECHNOLOGY PARK. 2nd Reading of Ordinance No. 37-84, Zoning District Change from Rural to I-2 Park for 12.0 acres, Approval of Developer's Agreement for Eden Prairie Technology Park by Hoyt Construction, and Adoption of Resolution No. 84-128, Approving Summary of Ordinance No. 37-84, and Ordering the Publication of said Summary of Eden Prairie Technology Park. 18.2 acres into one industrial lot, one outlot, and road right-of-way. Location: W. 76th Street, west of Washington Avenue. K. BROCK RESIDENCE INN. 2nd Reading of Ordinance No. 38-84, Amending • Ordinance No. 58-83 within Commercial Regional Service District, for Eden Prairie Hotel Company, Approval of Amendment to Developer's Agreement, and Adoption of Resolution No. 84-129, Approving Summary of Ordinance No. 38-84, and Ordering the Publication of said Summary of Brock Residence Inn for Eden Prairie Hotel Company. 4.33 acres for 128-unit hotel. Location: Southeast quadrant of Highway 5 and I-494. IV. PUBLIC HEARINGS A. EDE..NVALE 18TH AND 19TH ADDITIONS by Edenvale Corporation. Request for Zoning District Change from Rural to R1-9.5 (with variances) for 12.35 acres and preliminary plat of 12.35 acres into 12 single family cluster lots and 17 single family lots. Location: Edenvale Boulevard at Woodlane and Birch Island Drives. (Ordinance No.40-84 - Zoning; Resolution Nos. 84-130 and 131 - Preliminary Plats) B. RIDGEWOOD WEST 4TIi by Centex. Request for Planned. Unit Development District Review and Zoning District Change, with variances, from R1-13.5 to R1-9.5 and preliminary plat Of 8.85 acres into 30 lots.. Location: Cumberland Road at Wellington Drive, (Ordinance No, 42-84 - Zoning; Resolution No, 84-133 - Preliminary Plat) C. CITY WEST CONVENTION CENTER by Hospitality Growth Services. Request for Zoning District Change from Rural to Commercial Regional Service, with variances, and Preliminary Plat of 5.5 acres for a Hotel-Covention Center. Location: northeast quadrant of City West - Parkway and County Road 61. (Ordinance No. 39-84 - Zoning; Resolution No. 84-132 - Preliminary Plat) D. SUPER 8 HOTEL. Request for Site Plan and Zoning Amendment in C- Highway District of 1.29 acres and preliminary plat of 5.4 acres • into one lot and one outlot. Location: East of Highway 169, north of West 78th Street. (Ordinance No. 43-84 - Zoning Amendment; Resolution No. 84-134 - Preliminary Plat) ry / City Council Agenda - 3 - Tues.,June 5, 1984 E. M!N-TFX PHASE IV. Req est for site plan and zoning amendment for 6.3 acres for one indu trim lot - I-2 Park Zoning District. Location: Southwest quadrant of West 70th Street and Shady Oak Road. (Ordinance No. 33-84 - Zoning Amendment) F. PRELIMINARY APPROVAL OF MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS FOR RIVLET_£& 1O I SUPER 8) IN THE AMOUNT OF T;1,300,006.00. �Resoiution No. 84-142 •: G. BRYANT LAKE DFFICE TECH CENTER Street and Utility Improvements, I.C. 52-053 (Resolution No. 84-91Tontinued from April 17, 1984. V. PAYMENT OF CLAIMS NOS. 13791 - 14146 • VI. REPORTS OF ADVISORY COMMISSIONS VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members • 8. Report of City Manager C. Report of City Attorney D. Report of Director of Community Services • . 1. Eden Prairie Horseman Request (continued from 5/15/84) 2. Petition from Bluff's West Neighborhood 3. Sterling Field Neighborhood Letter regarding Park • Maintenance VIII. NEW BUSINESS IX. ADJOURNMENT. { UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL • TUESDAY, APRIL 17, 1984 7:30 PM, SCHOOL ADMINISTRATION BUILDING COUNCIL MEMBERS: Mayor Wolfgang Penzel, Richard Anderson, Georgt' Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Rog Pauly, Finance Director John D. Frane, Planninu Director Chris Enger, Director of Public Works Eugene A. Dietz and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: Councilmen Richard Anderson and George Tangen were absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MARCH 27, 1984 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, March 27, 1984, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Purgatory Creek Recreation Area Draft Master Plan (continued from March 27, 1984) - continued to May 157 1984. B. Final Plat approval for The Preserve Commercial Park 3rd Addition Resolution Na. 8T59) C. Approve plans andnecifications for signals at Flying Cloud Drive and Shady Dak Road, I.C, 52-057 (Resolution No, 84-93 D. Clerk's License List E. Approval of funds for YMCA/Storefront Youth Action Counselor - (delete item 2 as outlined in April 12, 1984, memorandum Trom Jan Flynn, Human Services Coordinator) MOTION: Bentley moved, seconded by Redpath, to approve the Consent Calendar j as amended: item A, is to be continued to the May I5, 1984, meeting of the City Council and item D. is approved with the deletion of paragraph 2. referred to in the April 12, 1984, memorandum from Jan Flynn, Human Services Coordinator. Motion carried unanimously. City Council Minutes -2- April 17, 1984 IV. PUBLIC HEARINGS ;' A. T.H. 212 ALIGNMENT OPTIONS City Manager Jullie stated notice of this Public Hearing had been sent to property owners affected by both TH 212 alignment options. He said Staff had been working with traffic engineering consultants, BRW, Inc., and Mn/DOT officials over the past several months in an attempt to more definitively determine the access expected should the TH 5/Residential alignment he chosen. Jullie said large and small scale drawings showing in some detail the schematic layout and access potential of each alternate, together with a listing of advantages and disadvantages for each alternate had been prepared. Jullie reviewed the background noting that improvement of TH 212 over various alignments has been under consideration since the early 1950's; discord as to its location slowed progess in the implementation of the necessary planning and improvement. As a result of meetings initiated by the Twin Cities Metropolitan Council and the Highway #212 Association back in 1967, agreement was reached as to a general alignment corridor by all of the communities in eastern Carver County and Eden Prairie and Hennepin County. In 1970, a study by the firm of Howard Needles Tammen & Bergendoff, funded by the Minnesota Highway Department, resulted in the selection of a corridor for the location of TH 212 (Unique System "D") which was supported by all affected units of government as well as many private organizations. In 1974, two draft Environmental Impact Statements were circulated for comment for TH 212 and also TH 41. Since circulation of the EIS's, little progress was made in resolving the comments in those two statements. Because of comments received on the EIS's and the new environmental regulations, Mn/DOT decided that the EIS's should be rewritten and Mn/DOT should combine the two projects into one. In early 1979, Mn/DOT formed a Citizens Advisory Committee as part of its scoping process and also held many meetings with concerned citizen groups and agencies. A final recommendation of the Mn/DOT Scoping Report was limited to future analysis of alignments through Eden Prairie to the "TH 5 - Residential" and "Unique System 'D'" alternatives. Jullie said that after completion of the Scoping Report, a new group called the Southwest Corridor Transpor- • tation Coalition was formed to help focus attention on the urgent needs for upgrading TH 5 and the earliest possible construction of new TH 212. Also in 1982, the "Schreiber Bill" was passed which provided a measure of funding for acquisition of right-of-way within proposed highway corridors which are under development. The "Schreiber Bill" monies can only be used for vacant property under the threat of development and only if the highway route is designated on the City's official map. Mn/DOT has programmed improvements on TH 5 for letting in 1986, Jullie indicated, which will include: widening of TH 5 to four lanes from Prairie Center Drive to County Road 4, with intersection improvements at Mitchell Road and County Road 4. Also possibly to be included is a new bridge at the railroad crossing west of Wallace Road; the design is dependent upon the chosen location for new TH 212. An overlay of existing TH 5 west of County Road 4 west to TH 41 is also programmed for letting in 1986. City Council Minutes -3- April 17, 1984 A. Jullie stated that funding for these improvements is already programmed and is not tied to the proposed transfer of the excise tax on vehicles from the State's General Fund to the Highway Construction Fund. Also h Mn/DOT officials have assured the City that these improvements will pro- ceed regardless of location or timing for new Ili 212 with the possible exception of the railroad bridge which could be delayed if there has been no decision on the new 1H 212 alignment. Regarding TH 212: "Stage I" is in Mn/DOT's work program for letting in June ]988, construction to include a full freeway design along TH 5 from I-494 to Wallace Road and including an interchange at Prairie Center y Drive. A two-lane road would proceed westerly from Wallace Road to TH 41 in Carver County. The estimated cost is $18,000,000.00. Being in the "work program" allows staff the authority to work on these projects. The proposed excise tax transfer to the Highway Fund will provide the necessary funding for this project. Also scheduled for letting in 1988 is the addi- tion of two-lanes on TH 5 from County Road 4 to TH 41; this is dependent upon the excise tax transfer. Mn/DOT is now in the process of resuming the EIS preparation for new TH 212 and is hiring a consultant to help with this. It appears very likely that, given the present outlook for funding, the proposed letting date of 1988 will be pushed out into the future. For planning purposes, we should anticipate that actual construc- tion of new TH 212 is at least five to ten years away. Jullie introduced Bill Crawford, District Director, Mn/DOT District V; Gary Erickson, traffic engineering consultant, BRW; and Steve Alderson, • Metropolitan Council. Gary Erickson reviewed each of the two alternatives: "Unique System '0" and "TH 5 - Residential" using maps; advantages and disadvantages of each alternative were presented. Jullie noted the City Council will not make the final determination. The final decision will be made by Mn/DOT and/or the Metropolitan Council. The Council's recommendation will be forwarded to these bodies. The purpose of tonight's hearing on this matter is for input by the residents and business people. Redpath asked what would happen to a resident of School Addition who wanted to sell his home in the next six months and the decision had been made to go with the "TH 5- Residential" alignment -- would this person he able to sell to the State under the right-of-way acquisition provisions? Jullie said there is no money available right now. He stated the State does not expend money until the EIS is completed. If there were a situation such as this, the City and Mn/DOT would be willing to discuss funding alternatives with the seller. Crawford indicated Mn/DOT has done protective buying throughout the State but usually that is not done until after the EIS is completed. • �i5�1 • City Council Minutes -4- April 17, 1984 • Bentley asked City Attorney Pauly what the City's liability is in this situation -- if there is no State money available for right-of- ( way acquisition. Pauly said because it is not a City project the `. City would have no liability. Redpath said if the "TH 5 - Residential" corridor were chosen, no one would particularly want to own property in that area. Jullie said there are some assumptions: that the EIS indicates this to be an acceptable route, that the excise tax transfer is adopted, and that funding is available -- this would mean that the process of acquiring right-of-way might begin in two years. Construction, however, might be a number of years down the road but at least residents would know what was to happen. Residents would receive their full market value. Penzel asked Crawford what the likely schedule might be for this, given a worst case scenario. Crawford said that. given pending legis- lation, it appears that 25% of the funds would be transferred effective July 1, 1984. TH 5 and 212 carry a high priority with both the Commissioner .1 of Transportation and the Governor, Crawford indicated that Mn/DOT might be in a position to acquire right-of-way as early as 1986 -- after the EIS. He noted that he has requested to have a consultant hired to help with an EIS -- this takes about 20 weeks (to get a consultant "on board.") He indicated that his recommendation is to proceed with the project development process and hope that, when the time comes, the plans are on the shelf and ready to go. Penzel said that while the presentations this evening might have seemed brief, the City has been intimately involved for a number of years with the process of selecting a route. He said the Council is well aware of the pros and cons as the consultant has advised and as well as the members see them personally. He stated the Council is very interested in hearing 4 from the people who will be directly involved. Jon Otterlei, 4704 Merilane, Edina, asked how old the base map was. Erickson said it was 5 - 10 years old -- and that buildings shown in yellow are new buildings which had been added. Penzel said for all " practical purposes all residential buildings are shown. Otterlei asked what the objection was to having a full access at Wallace Road. , Erickson stated that the ability to have full access at both Wallace and Mitchell Roads is limited due to safety reasons. Penzel noted that Wallace Road businessmen were asked to connect to Technology Drive some time ago in anticipation of access problems relating to TH 212/5. l.inus Westrup, 7918 School Road, asked when the Council expected to come up with its recommendation. Penzel said hopefully that will be done this evening. Brenda Hart, 7810 Eden Court, asked if they would be stuck between two highways should "Unique System 'D"' be chosen. Penzel noted the difference-, in the two alignments and what the impact would be on the Hart property regarding improvements to TH 5. City Council Minutes -5- April 17, 1984 > u� loin McDonough, 14633 Martin Drive (owner of building at this address), • stated what an investor looks at prior to purchasing a building regarding access and routes. . Art Rohe, 7826 Eden Court, asked what would happen to TH 5 should the "TH 5 - Residential" alignment be adopted -- would the improvements which are to be made be wasted? Crawford said that TH 5 has to be upgraded and it is anticipated the alignment will he determined prior to the upgrading of TH 5 and therefore TH 5 would be designed with TH 212 in mind if the residential route is the choice of the City. James Johnson, 93D5 Talus Circle, said he was interested in Otterlei's property on Wallace Road which might be used as a multiple dwelling site (on School Lake). He asked where access would be to this parcel. Erickson said it appears for the most part that the parcel would be taken. A portion of School Lake would have to be filled in so the roadway could be built across it. Walter Carpenter, 13D00 Plaza Drive, asked if Mn/DOT owns the right-of- way where TH 5 "bows" west of Plaza Drive and wondered if the "bow" effect will continue. Erickson said the "bow" will remain because of the impact removal would have on Purgatory Creek. Crawford concurred; he said the State does still own the property in question. Bob Sharpe, 7904 Eden Court, asked the difference in the impact on the tax base of the two algnments -- residential vs. industrial -- and how that might affect the Council's thinking. Penzel said that used to be • a consideration but since the passage of the "Fiscal Disparities" legis- lation it has less of an impact on the decision making process -- there are now more important considerations to be made by the Council than the effect on the tax base. Bentley and Redpath concurred. Jullie said the area south of MTS where Technology Drive has been constructed has a great potential for corporate headquarter's sites which would add greatly to the tax base. He said this would substantially add to the tax base compared to the loss of the residential taxes in School Addition. Dennis Dirlam, 14785 Martin Drive, asked what the impact of the Highway 5 improvements would be on the warehouse buildings north of TH 5 and west • of Mitchell Road. Erickson said the impact would be negligible to the north of TH 5 because of the space available on the south side of the i highway. Judy Miller, 7835 Eden Court, asked what effect would a recommendation to approve the "TH 5 - Residential" alignment have on getting a loan on a house in School Addition. Penzel said he thought that would be difficult to answer. Crawford said he has never heard of a case where mortgage money was turned down. Penzel reviewed the procedure which is l used in acquiring property relative to the estimates made. Jullie said a assurances to a lender that Mn/DDT has paid a fair market price in the past for properties acquired should not preclude granting of a loan on the property. (n City Council Minutes -6- April 17, 1984 Ronald Ott, 7830 Eden Court, said he felt the widening of TO 5 would have a severe impact on the School Addition residents and would not ( have any problem with the City recommending the "TH 5 - Residential" alignment which would "take" the School Addition homes. Don Goetzman, SGL Properties, asked if the costs of extending Technology Drive to Wallace Road would paid by 1'1n/DOT. Penzel said that is a local improvement and would be assessed against the benefitted property owners. David Priebe, CPT, expressed concern about the number of parking spaces which CPT would have to replace with a ramp as well as concern about the loss of ponds on its property should "Unique System '0'" be chosen. He also wondered if we might be overbuilding highways. Penzel said that was a departure from CPT's original concern which was that TH 212 and 5 should have been constructed a number of years ago. (A letter from CPT regarding Trunk Highway #212 is attached to these minutes.) Erick- son noted that the Highway Department has entered into a contract to have the traffic forecast for this corridor updated -- this is done on a regular basis. This means that prior to the building of TH 212 current information will be available and will be used as the basis for plans for that roadway. Bentley asked Priebe if CPT was opposed to the construction of the road- way along the "Unique System 'D'" corridor. He said that was correct. George Butzow, MTS, 14000 Technology Drive, and a member of the conanittee which studied the alignments, said he would look to the feelings of the residents of the community. He said he would prefer the "TH 5 - Residen- tial" alternative for purely selfish reasons. He noted that the quality ( of life as well as the value of the industrial area is improving all the time and from what he has heard this evening that can not be said for the residential area. Jan Hyde, 7814 Eden Court, said she and her husband are retired. She indicated they are very happy with their home and wondered if they would still be able to live in Eden Prairie where they have access to doctors and shopping should they be forced to move out of their home. Penzel said there would be a fair and equitable settlement made to each of the property owners in the area. He also indicated that the residents will then be able to determine where they would like to live. George Roles, 7953 Eden Court, said he had heard 15 years ago that the Highway Department had purchased land behind MTS for TH 212. Crawford said he was unaware of such a purchase. Roles asked what the racetrack will do to traffic on TH 212 and/or 5; will we be building another high- way like this in 15 years. Penzel said there is every indication that this will be a reasonable project and will serve us for some time. He said the racetrack will have more of an impact on TH 169 and CSAH 18. )1 I!') • City Council Minutes -7- April 17, 1984 Mrs. Hart asked if sound barriers would be constructed along Highway 5. • `( ; Crawford said sound abatement is required by Federal law wherever there • is new construction in residential areas. Penzel asked if this would pertain to upgrading of TH 5 since this could be considered as reconstruc- tion and not new construction. Crawford said it was his opinion that it would be new construction and sound abatement would be provided. He said Mn/DOT has relocation counselors who are most helpful and if anyone • has questions they would like to ask they should feel free to contact them and request additional materials. Crawford stated what some of the benefits allocated presently are. Mrs. William Parkos, 7800 School Road, asked why the residential homes I would have to go and not the industrial buildings. She also asked why factories were allowed across from homes. Penzel said those decisions were made before any of the present Councilmen were on the Council and before the City had a comprehensive plan. Bob Hanson, 4772 Sycamore Trail, expressed concern for his parents who live in the School Addition. He asked what the possibility was of moving all of the homes to another 40 acre tract in the City. Penzel said that was probably not feasible since there are comparably prices homes avail- able on the open market in Eden Prairie. Hanson wondered what the termin- ation date would be when people would have to be out of their homes. Penzel said if acquisition were made and nothing was to be done for three years, provisions might he negotiated for the residents to remain in their homes. He said Mn/DOT has to make that decision. Glen Britney, 7823 Eden Court, asked what the recommendation of the committee which was formed three or four years ago was. Jullie said the committee proposed that the EIS should focus on two alternatives: "Unique System 'D'" and "Highway 5". He noted there was not a ground swell of opposition from the residents. linus Westrup said he would not like to be wedged between two freeways. He said property values will go down. He asked if residents might be asked which of the proposals was preferable. A show of hands indicated a large majority of the residents to be in favor of the "TH 5 - Residen- tial" alignment. i Steven Shea, 7941 Eden Court, said his property value, based on the recent valuation notice he had received, has dropped from 1983 to 1964. ' Norman Nelson, 8009 School Road, asked what effect and impact "TH 5 - Residential" corridor would have on the Central Middle School. Penzel said this would actually create a better use of property for the school -- the school garage would be moved and so would the ball fields, but the school itself would not be affected, Nelson called attention to the condition of Valley View Road and noted this would probably need some work so it could be used while TH 5 is upgraded. Mr. Clifford, 7823 Eden Court, asked if provisions are made for adjust- ments in the mortgage rate when residents have to move. Crawford said he will he happy to send out information as to what present policy is; he indicated that the law takes mortgage rate adjustments into consider- ation. • Aril 1984 ` ' 17, City Council Minutes 8- l Tom Miller, 7835 Eden Court, asked how one would get onto Highway 5 at Wallace Road. Erickson used a map to explain this. Upon further discussion it was the consensus of the City Council that the preliminary design worked out by BRW for the "TH 5 - Residential" ;: alignment gives the City very good access at Mitchell Road and partial access at Wallace Road, This was based on the assumption that Pin/DOT will accept the City's design proposal and that there will he no delay on scheduled improvements to TH 5. By indicating its preference for ;t an alignment, it is felt that the EIS process will proceed more quickly and the question of the railroad bridge design will be resolved so that a new bridge could be properly built in conjunction with the TH 5 up- grading which is scheduled for 1986. ' MOTION; Redpath moved, seconded by Bentley, to close the Public Hearing. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to recommend the "TH 5 - Residintial" corridor to Mn/DOT for its consideration as the most feasible alternative, based upon the preliminary design by BRW, Inc. dated April 17, 1984, and further direct Staff to begin the process of official mapping of the chosen route so that the 'Schreiber Bill" funds could be made available. Motion carried unanimously. B. FEASIBILITY REPORT, UTILITY IMPROVEMENTS FOR CARMEL ADDITION AND VICINITY, I.C. 52-059A resolution No. 84-9D) City Manager Jullie stated notice of this Public Hearing had been published and notices had been sent to all property owners Jisted on the Preliminary Assessments Roll for this project. Director of Public Works Dietz referred to the Feasibility Report dated March 1984. He reviewed the feasibility study and outlined, on maps, the proposed routing for trunk sewer and water though this area. (For a detailed report see the Unapproved Expanded Minutes of this portion of the Meeting of April 17, 1984 which are attached.) . Dean Holasek, 6475 Rowland Road, asked why the developer can't pay for more of the project cost. Dietz said the special assessment policy is rather specific in State Statutes. If the City receives a request for improvements and the project is found to be feasible, the costs may be assessed. Holasek said the landowners in the area area already affected by the increased traffic on Rowland Road due to the County Park. Dietz said the Park Reserve is looking at putting an overlay on the road in r 1986. Hakon Torjesen, 6605 Rowland Road, said he felt the road system proposed by the developer had not taken into account the surrounding properties. He specifically referred to the roadway due west of the proposed access into the Carmel Addition. Planning Director Enner said Staff had been directed by the Council to loop to the surrounding properties and what the • impact of the proposed streets would be on those properties. He said h City Council Minutes -9- April 17, 1984 Staff had met with a majority of the neighbors -- it was determined they would be best served by hiring a planner who would come up with an overall plan for the area which would protect their best interests. Don Brauer was hired by some of the neighbors. A general plan was reviewed by the Council following meetings with the neighbors and their planner. Bentley recalled that Enger and the Planning Department Staff did a study at his request. This was then presented to the Council. Roads were placed where they were due to the soil conditions and terrain. Bentley indicated he had never made a decision on platting or zoning based on whom is going to pay for the assessments and would not do so in this instance if he were going to vote on the matter. He said each project was voted on based on the merits of that particular project and the necessity for the improve- ment. Redpath said that as far as who pays for a trunk sewer is concerned, the City has some classic cases where people have been assessed beyond their limits (e.g. Bren property on Valley View Road.) Mrs. Wayne Kinion, 6401 Shady Oak Road, said she had never been contacted prior to notification of this Public Hearing. She said she did not think it fair to have such a "heavy Agenda" because some people (her husband, Dr. Farber, Dr. Olness/Mrs. Torjesen) had to leave due to the lateness of the hour (10:20 p.m.) Mrs. Kinion said she felt the Carmel Addition is a detriment to their property; they had moved into the area for the wildlife and the serenity. She said the sewer and water will not serve their property -- and will be a detriment as they have no plans to develop their property. She said they do not want these improvements and do not wish to pay for them. Marlene Larson, 6505 Rowland Road, said she has had her home for sale and has been unable to sell it. She said it is her road which had been men- tioned by Torjesen as that which is due west of the Carmel Road. There was discussion as to whether or not her road is a City street and what the City's policy is in that regard. Larson went on to ask who owned the Carmel property at the time the improvements were requested -- were those who signed the petition the actual owners of record. Penzel indi- cated that Hans Hagen may now be the owner but since the petition had been signed in February the owners had more than likely been others who had signed the petition. City Attorney Pauly reviewed the ways in which improvements can be initiated. Penzel suggested this matter be deferred to determine the legitimacy of the petition. He noted the question before the Council this evening was whether or not the project is feasible; not how the project is going to be assessed. MOTION: Redpath moved, seconded by Bentley, to continue this Public Hearing to the May 1, 1984, meeting of the City Council which is scheduled for 7:30 p.m. in the Boardroom of the School Administration Building. Motion carried unanimously. • 11lr.i) City Council Minutes -10- April 17, 1984 I. i C. FEASIBILITY REPORT, UTILITY STREET IMPROVEMENTS FOR BRYANT LAKE OFF11L TECH-CENTER, I.C. �_-053 (Resolution-No.84-91T ` City Manager Jullie indicated that Gerald Schoenfelder had contacted the City and said he objects to the proposed improvements but expected • to sell his property very soon. Schoenfelder and Dennis Doyle, Welsh 1 • Construction, agreed that a continuance of this Public Hearing to May 15th would allow time to work out a potential solution. MOTION: Redpath moved, seconded by Bentley, to continue this Public 1 Hearing to Tuesday, May 15, 1984, at 8;00 p.m. in the School Administra- 1 tion Building. Motion carried unanimously. 1 D. TAX INCREMENT FINANCING DISTRICT NO, 7 (Resolution No. 84-94) ). City Manager Jullie said notice of this Public Hearing had been published. He said it is anticipated this will be the last T.I.F. District necessary for support of the Major Center Area highway improvement projects. i. City Attorney Pauly noted the evidence introduced and described 1 in the minutes of September 15, 1981, is made a part of the record in these proceedings. Also made a part of the record in these proceed- ings are: a) the notice of the April 17, 1984 public hearing; b) minutes of meetings of the City Council held on September 22, 1981, March 30, 1982, November 16, 1982, March 15, 1983, May 17, 1983 and ( August 16, 1983; c) letter from Eden Prairie Chamber of Commerce dated September 18, 1981; d) minutes of meetings of the City's Planning c Commission on March 29, 1982 and May 9, 1983; e) memorandum dated April 17, 1984 by Eugene A. Dietz, Director of Public Works, addressed to the Mayor and City Council; f) letter dated April 9, 1984 addressed to Mr. John Lobben, Chairman cf the Board, Eden Prairie School District No. 272; g) letter dated April 9, 1984 addressed to Mr. Kenneth Daniels, Chairman of the Board, Joint Independent School District No. 287; h) a letter dated April 4, 1984 addressed to Mr. John Derus, Chairman of the Hennepin County Board of Commissioners; and i) a memorandum dated April 17, 1984 by Carl J. Jullie, City Manager. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing • and to adopt Resolution No. 84-94, providing for establishment of proposed Tax Increment District No. 7 and the adoption of a Tax Increment Financing Plan relating thereto. Motion carried unanimously. • V. PAYMENT OF CLAIMS NOS. 13045 - 13308 • MOTION: Redpath moved, seconded by Penzel, to approve the Payment of Claims Nos. 13045 - 13308. Roll call vote: Bentley, Redpath and Penzel voted "aye." Motion carried unanimously. 1l'. . City Council Minutes -11- April 17, 1984 • A ( VI. REPORTS OF ADVISORY COMMISSIONS City Manager Jullie reported that the Development Commission had received the City Council's charge and will now attempt to work on establishing priorities. A meeting has been set with the Economic Development Committee of the Chamber of Commerce; legislators have also been invited to attend b this meeting. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Parade Permit Request from Eden Prairie Lion's Club City Manager Jullie noted the Public Safety Department had reviewed this request and recommended approval as per Lt. Clark's memo of April 11, 1984. g MOTION: Redpath moved, seconded by Bentley, to approve the Lion's Club request for a Parade Permit for Saturday, June 2, 1984, Motion • carried unanimously. VIII. ORDINANCES & RESOLUTIONS A. Final approval of Municipal Industrial Development Bonds in the amount of 51,750,000.00 for BBS Partners Project (ResoTtion No. 84-76) City Manager Jullie noted Finance Director Frane's memo of April 12, 1984, and City Attorney Rosow's memo of April 10, 1984. Steven Hoyt, Hoyt Development, indicated their bond counsel had said this would not have an affect on the city's per capita allotment which is included in pending Federal legislation. MOTION: Redpath moved, seconded by Penzel, to adopt Resolution No. 84-76, granting final approval of Municipal Industrial Development Bonds in the amount of $1,75O,000.O0 for BBS Partners Project with the proviso as outlined in City Attorney Rosow's memorandum of . April 10, 1984. Motion carried unanimously. B. Minnegasco Franchise Ordinance No. 35-84 City Manager Jullie stated the proposed Franchise Ordinance had been reviewed by the City Attorney's Office; it seems that all of the other 34 cities within the Suburban Rate Authority have agreed to the Ordinance as drafted, including the 5% limit on franchise fees. Jim Anderson, Minnegasco representative, was present to answer questions. MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance No. 35-84. Motion carried unanimously. • City Council Minutes -12- April 17, 1984 g IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Evaluation Review Form The consensus was to continue consideration of this item to the May 1, 1984, meeting of the City Council at which time Council members should have written comments ready regarding the forms which have been distributed to date. B. Report of City Manager 1. City Manager Jullie introduced Craig Dawson, Assistant to the City Manager. 2. City Manager Jullie said there will be an article in on Eden Prairie in an upcoming issue of "Plants, Sites & Parks" (an international publication.) This particular issue will feature the State of Minnesota. Jullie said this magazine has a circulation of 38,000 and said a 1/6th page ad would cost $685. 1 Bentley said he thought it would be a good idea for the City to fi place an ad in this publication and he suggested the City put together a promotional plan. MOTION: Bentley moved, seconded by Redpath, to purchase a 1/6th page ad in "Plants, Sites & Parks." Roll call vote: Bentley, Redpath and Penzel voted "aye." Motion carried unanimously. 3. City Manager Jullie indicated the Planning Department is very busy and has contracted to have Howard Dahlgren and Associates 1 do a couple of Staff Reports. 4. It was noted that the May 15, 1984, meeting of the City Council falls on the day of a School Board election and consequently the Council Meeting cannot, by law, begin until 8:00 p.m. 5. MOTION: Bentley moved, seconded by Redpath, to move the regularly scheduled meeting of the City Council from July 3 to July 10, 1984, at 7:30 p.m. due to the Fourth of July holiday. Motion carried unanimously. C. Report of the City Attorney There was no report. t • City Council Minutes -13- April 17, 1984 D. Report of Director of Public Works • 1. Regional Mutual Aid (Resolution No. 84-92) Director of Public Works Dietz referred to his memorandum of April 11, 1984, in which he addressed the Regional Mutual Aid Association. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 84-92, authorizing joint and cooperative agreement for use of personnel and equipment - Regional Mutual Aid Association. Motion carried unanimously. X. NEW BUSINESS MOTION: Redpath moved, seconded by Bentley, to instruct Staff to write a letter to Governor Perpich in support of the appointment of Alice Rainville as Chairman of the Metropolitan Council. Motion carried unanimously. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 11:30 p.m. Motion carried unanimously. • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY I, 1984 7:30 PM, SCHOOL ADMINISTRATION BOAROROOM COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tanger ri. CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger :`; Pauly, Planning Director Chris Enger, Oirector of Community Services Robert Lambert, Director i. of Public Works Eugene A. Dietz, Senior Planner ,( Michael O. Franzen, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEOGE OF ALLEGIANCE ROLL CALL: all members were present. Mayor Penzel introduced several third graders from Prairie View Elementary School who led those present in reciting the Pledge of Allegiance. The third graders are studying government. I. APPROVAL OF AGENDA ANO OTHER ITEMS OF BUSINESS The following item was added to the Agenda: IX. A. 2. Anderson - Bridge on County Road 4. MOTION: Redpath moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELO TUESDAY, APRIL 3, 1984 MOTION: Anderson moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, April 3, 1984, as published. Motion carried unani- mously. III. CONSENT CALENDAR A. Clerk's License List B. Receive 100" petition for street and utilities in Flying Cloud Drive through Wilson Ridge Plat and authorizeJ)reparation of plans and specifications I.C. 52 Ob4. (Resolution No. 84-I00) (see page 7 - third motion,) C. Request from the Flyinq Cloud Airaort Advisory Commission for Council to set a Public Hearing date of May I5, 1984, to consider a City_Code Amendment to ectien 11.70to requTato si ps at Tv>nj C'ioud Airliort i ,, City Council Minutes -2- May 1, 1984 D. Receive Petition for trunk sewer and water improvements for the vicinity_ • of CSAH 1/18 and authorize the preparation of a feasibility report_,—I.C.- 52 062 (Resolution No. 84-95) E. Final Plat approval for W'oodlawn Heights 2nd Addition (Resolution No. 84-98) F. 2nd Reading of Ordinance No. 21-84, Valley View Manor Homes, Zoning District change from Rural to RM-6.5 for 20 acres, with variances, and adoption of Resolution No. 84-79, approving development plan subject to conditions. 112 units in 14 buildings. Location: north of Valley View Road, 4 miles east of Mitchell Road. G. 2nd Reading of Ordinance No. 22-84, Paulsen's 2nd Addition. Zoning District change from Rural to R1-9.5 and adoption of Resolution No. 84-80, approving development plan subject to conditions. 6.3 acres into 18 single family lots. Location: norht of C.M.St. Paul and Pacific Railroad, south of Hidden Ponds Park. H. 2nd Reading of-Ordinance No. 23-84, Gogyea 3rd Addition. Zoning District change • 'From Rural to R1-13.5, wits variances, and adoption of Resolution No. 84-81, approving development plan subject to conditions. 37.19 acres into 33 resi- dential lots and five outlots. Location: northeast quadrant of State Highway #5 and County Road #4. 1. 2nd Reading of Ordinance No. 25-84, Autumn Woods 2nd Addition. Zoning District change from RM-6.5 to R1-9.5 and from R1-13.5 to R1-9.5 for 11.09 acres, adoption of Resolution No. 84-83, approving development plan subject to conditions. 31 acres for 74 single family lots and 8 duplex lots (8 units) for a total of 82 units. Location: east of Highway #101, north of C.M. St. Paul and Pacific Railroad. J. Final Plat approval for Montgomery Addition (Kinder Care) (Resolution No. 84-101; K. pjroval of Municipal Legislative Commission Joint Powers Agreement L. Prairie Center Business Park by Opus Corloration. Resolution for PUD Concept. (-Resolution No. 84-1021—_ M. 2nd Reading of Ordinance No, 35-84, MinnecZasco Franchise Ordinance N. Approve plans and specifications and authorize bids to be received for bike/ walkway alonqE.denvale Boulevard between Valley View Road and WoodFilll Trail, I C 51-356A, (Resolution No. 34-991- (open bids May 24, award contract May 29) i MOTION: Bentley moved, seconded by Anderson, to approve items A - N on the Consent Calendar. Motion carried unanimously, (see page 7 for further action.) IV. PUBLIC HEARINGS A. FEASIBILITY REPORT. UTILITY IMPROVEMENTS FOR CARMEL ADDITION AND VICINITY, 1 1 C `.i2 054A--TRcsolution No. 81-90) continued from 71111184 City Manager Jullie noted Staff had met with the developer and residents ( from the neighborhood in an attempt to resolve the concerns and objections raised at the previous meeting, Jullie called attention to a letter of April 1. a • City Council Minutes -3- May 1, 1984 23rd from Hans Hagen in which he indicated he is not prepared to assume addi- tional assessment costs. Director of Public Works Dietz reviewed the assessment calculations and how the preliminary assessment roll was arrived at during the process. He said he had met with property owners since the last meeting; letters had been sent to all property owners within the project area along with expanded minutes of the April 17th proceedings. He indicated the cost of the project was • anticipated to he $113,000 which would be divided by those acres which are within the project resulting in a cost of $513 per acre for sewer and $438 an acre for water. He said he would ask the City Council to defer in- terest on assessments but not to exceed 50"„ of the principal; this has been f. the policy in the past, Dietz noted two additional letters which had been received: Dr, Farber and Michael and Patricia Loosen (letters are attached to these Minutes.) Penzel asked if the petition issued had been resolved, Dietz said he would defer to City Attorney Pauly on that question. Pauly said that requirement or reference is that in the case where you have owners of not less than 35% of the frontage of real property abutting the streets named in the petition at the location of the improvement, the resolution ordering the improvement in must be adopted by a majority of the Council; if the petition is signed by less than 35%, it must be adopted by a 4/5 vote of the Council. He felt the petition did not meet the 35% requirement and he recommended that, in order to be ordered in, the vote would have to pass by a 4/5 vote of the City Council. Pauly also said that notice of the continued hearing as well as the expanded Minutes had been sent to members of the City Council and to landowners. Wayne Kinion, 6401 Shady Oak Road, stated he was against the project as it is presently designed. He referred to a letter dated May 1' 1984, (see attached) in which he expressed his opinions'and requested that his property be excluded from the assessment district. Tangen asked for clarification regarding Kinion's 'reference to taxes being increased due to sewer and water being available. Jullie said the City`s approach is that until lateral pipes are available for hooking up there would not be an initial increase in valuation, Dean Holasek, 6475 Rowland Road; said he thinks this project is premature. ), He said he thought this area would be developed into large acreage developments; A. this is not the case with Hagen as the lots are 2';, - 3 acres. He noted that his property has been in his family for 130 years, Hans Hagen, developer, said approval of the project must he separated from the assessment procedure. The question of assessment is one of fairness. He noted that once a project is approved it would seem that the utilities . must be installed to serve that project, He urged the City Council to approve the project. Marlene Larsen, 6615 Rowland Road, said she would not like to see sewer and water come in at the expsense of the homeowner. She cited examples of how her lifestyle has been affected by the Carmel development. `. r City Council Minutes -4. May 1, 1984 Bentley noted that property is not assessed until it is developed or until it is hooked up to the sewer and/or water system. Mrs. Kinion said they had not been consulted prior a meeting in November. Penzel said the City has gone through a lengthy review process regarding the Carmel development and related projects. Mrs. Kinion said they had not been informed at the time the hearings were conducted. Director of Planning Enger said notices are sent to residents on a quarter/quarter section basis. This will be looked into further. Roger Farber, 6525 Rowland Road, said the essence of the issue from his perspective was contained in his letter of April 24; 1984 (see attached.) He said perhaps the City could look at a better way of accomplishing this project. Penzel explained the manner in which trunk and lateral sewer and water charges are assessed. • • Hakon Torjesen,6605 Rowland Road, said he felt the issue was one of fair- ness and what is and is not feasible, He said the quality of life in this area has been ruined. • Redpath asked if perhaps the City Council could put a perpetual stop on further development by some of the property owners in the area thereby excluding them from assessments. Pauly said that would not be possible. Penzel asked if it could be done via a covenant attached to the deed, Pauly said the City cannot agree to something like that. Holasek asked what would become of the assessments should a property owner decide to donate property to Hennepin County; what would happen to the assessments which had been already paid, Penzel said these would show up as accrued savings on taxes, Kinion said he would like to see the covenants presented as a written offer. Pauly said a restrictive covenant would provide for various kinds of restric- tions limiting the use to which property could be put; these limitations would restrict development of the property except for what it is presently used for. Bentley said in this instance a property owner would be at the mercy of a future Council; he felt any consideration along these lines would be capricious, Pauly said a covenant cannot be removed or amended without all persons agreeing to it, The City could not arbitrarily amend the coven- ant. Dietz further explained the deferment process and policy of the City. r Larsen said the neighbors have had no say in this and she felt she would end ' up paying $25,000 for laterals, streets, etc. Torjesen said all the residents of Eden Prairie will he paying for the interest which is being deferred by this project and he questioned the validity of this. Hagen said he felt. he had been trying to he fair. He said he had sold theii City a park for $20,000 while his cost was $100,000. He also indicated he had paid $20,000 towards the maintenance of Rowland Road. He noted that this process is done this ;ray throughout the metropolitan area. He indicated he cannot put any more money into this as had been suggested by the residents. City Council Minutes -5- May 1, 1984 MOTION: Redpath naved, seconded by Tangen; to close the Public Hearing and to accept the Feasibility Report and to adopt Resolution No. 84-90, ordering improvements and preparation of plans and specifications for Carmel Addition and vicinity. Bentley indicated he would abstain from voting on this issue as has been his past practice in matters with Hans Hagen. He noted that perhaps this project might he a bit premature but it would not be responsible on the part of the City to not provide utilities since the project itself had been approved. He said it has to be done; the question is how. VOTE ON THE MOTION: Motion carried with Bentley abstaining. B. O'NEILL OFFICE BUILDING. Request for Zoning District change from Rural to Office and preliminary plat of 1.70 acres for an office building. Location: northeast quadrant of City West Parkway and County Road #61. (Ordinance No. 29-84 - zoning; Resolution No, 84-86 - preliminary plat) i City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jim Swedenborg, Swedenborg Construction, addressed the proposal. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on March 26, 1984, at which time it voted to recom- mend approval subject to the recommendations included in the Staff Report dated March 1.6, 1984, Enger said this request will go before the Board of Appeals and Adjustments on May 7, 1984, with requests for setback variances as well as height variances, This item was not reviewed by the Parks, Recreation & Natural Resources Commission, • Bentley asked if the building would be moved to preserve more trees. Sweden- borg indicated it would he. Tangen asked what the building elevation would be compared to that of James Refrigeration. Enger said this building would be 57'; James Refrigeration will be 74'. Tangen said he felt this to be a much more appropriate height in that area. ( There were no comments from the audience. MOTION: Bentley moved, seconded by Tannen, to close the Public Hearing and to give 1st Reading to Ordinance No. 29-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 84-B6 approving the preliminary plat of O'Neill Office Building for Jack Ross and Partners. Motion carried unanimously. City Council Minutes -6- May 1, 1984 MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution as per Commission and Staff recommendations. Motion carried unanimously. C. LEE DATA EXPANSION ty Opus Corporation/Lee Data. Request for Planned Unit Development District, zoning and site plan amendment to add 72,000 sq. ft. of office use to existing Lee Data building. Location. southeast quadrant of 70th Street and Flying Cloud Drive. (Ordinance No. 30-84 - zoning) City Manager Jul lie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Worthington, Executive Director of Governmental Affairs for Opus, spoke to the request. Director of Planning Enger said this request had been reviewed by the Planning Commission at its March 26, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the March 16, 1984, Staff Report. They have also promised to provide the City with proof of ownership of the Hanson parcel to demonstrate proof of parking. Enger noted that the plans before the Council are revised plans! the landscaping has been strengthened. ' This request was not reviewed by the Parks, Recreation & Natural Resources Com- mission. Penzel said he would request Staff to look into preparing a technical feasi- bility report regarding the relocation of West 7Oth Street. Dietz said the information which the City now has regarding the soils in that area is from a third party. John McKenzie, project manager; said they have had soil borings done but have not received the recommendations yet. He indicated there appears to be a viable route. Bentley asked what Torjesen and Bearman's objections to this request were at the Planning Commission, Enger said Torjesen was concerned about the lack of an overall plan for the Lee Data site; Bearman felt more comfortable with the site used in the manner which had been proposed as the "Michelangelo Garden" site. Bentley asked if a campus concept was envisioned. Worthing- ton said it is felt that they can accommodate the most ambitious plans and optimistic growth plans by utilizing the Hanson piece in Lee Data's expansion. Tangen expressed concern about expanding parking onto the existing wooded knoll. Worthington explained what is planned for that particular area, Enger showed, using slides, what is intended to be done, Tangen asked what form the Hanson parcel would he left in prior to development. He said it does not look attractive now. Worthington said they intend to create more green on the site than their presently is, There was some discussion as to what has been done to date and whether or not a land alteration permit had been applied for. Bentley suggested that this issue he resolved before A 2nd Reading of the Ordinance and also that some sort of restoration of the site he completed. There were no comments from the audience. f City Council Minutes -7- May 1, 1984 S MOTION: Redpath moved seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 30-84. Motion carried unanimously. (. MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare an amendment to the Lee Data Developer's Agreement, incorporating the recommen- dations of the Planning Commission, the Planning Staff Report, and the comments of the City Council. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to reconsider the Consent Calendar and to amend item "B" to include preparation of plans and snecifications subject to the receipt of a 100; petition; and to readopt the Consent Calendar. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff and the proponent, prior to 2nd Readingof the Ordinance, resolve the issue of the grading permit/ land alteration permit and that a restoration plan for the site be included. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to ask the developer to provide • information necessary in regard to the technical feasibility for West 70th Street; this information is to be provided prior to the 2nd Reading. Motion carried unanimously, Enger asked, as a point of clarification, if a 12' berm was ok. Council concurred that it was. D. HIDDEN GLEN 2ND ADDITION by Derrick Land Colpany, Request for,Zoning Dis-` 3 trict change from Rural and RI-22 to RI-13,5 and R1.9,5 for 56,09 acres and preliminary plat of 56,09 acres for 78 single family lots and two outlots. Location: southeast quadrant of Highway #101 and Townline Road. (Ordinance No. 31-84 - zoning; Resolution No. 84-87 - preliminary plat) . City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified, } Richard Bloom, Vice President of Planning for Derrick Land Company, spoke to the request, Jullie noted that all the issues have not been resolved with this project and additional work is necessary. Planning Director Enger stated this request had been before the Planning ;'' Commission at its meeting on April 9, 1984, at which time the Commission voted to recommend approval subject to the recommendations included in the `, . April 6, 1984, Staff Report. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its last meeting in April. He called attention to the great amount of park frontage which will be on Dell Road; he said alternatives to the cost involved to the developer in regard to the bikeway had been discussed, He said a purchase agreement, has been prepared and will be submitted to the Council for approval. He said a contract must he put together with the developer for the grading of the park; details of this have to be worked out. City Council Minutes -8- May 1, 1984 Bentley asked for clarification as to what items remain unresolved. Enger said the method of payment for the construction of Dell Road, , 4 the actual unit types must be reviewed by Staff, and the grading contract and price must be negotiated. Bentley asked if these issues might be 4 resolved prior to 2nd Reading. Enger said he did not know; these were the same issues that were present with the 1st Phase of the project. :A Penzel said that either they are resolved or there won't be a 2nd Reading. Redpath concurred. Dick Feerick noted a five page letter which had been sent to Director of Public Works Dietz which he said addressed the problems. Dietz said he will be responding to that letter. Tangen asked if there would be grading prior to the 2nd Reading. Feerick said a grading permit had been applied for with the 1st Phase but has run out. Bloom stated it was not economically feasible to do Hidden Glen Phase 1 but with the additional 30 lots it is feasible. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance 31-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-87, approving the preliminary plat of Hidden Glen 2nd Addition for Derrick Land Company. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement as per Commission and Staff recommendations. Motion carried unanimously. E. MIN-TEX. Request for zoning and site plan amendment for 18.97 acres for two j22 office/warehouse structures in 1-2 Park Zoning District. Location: West 70th Street west of Shady Oak Road. (Ordinance No. 33-94 - zoning.) City Manager Jullie indicated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bernie Frye, Min-Tex, addressed the proposal. Senior Planner Franzen stated the Planning Commission had reviewed this request at its April 9, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated April 6, 1984. He noted there were additional materials handed out this evening. There was some discussion about the shape of the retaining pond and Frye noted it had been overdesigned. There were no comments from the audience. City Council Minutes -9- May 1, 1984 MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing 1' and to give 1st Reading to Ordinance No. 33-84. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution of Approval as per Commission and Staff recommendations. Motion carried unanimously. F. EDEN GLEN CENTER_by Urban Associates. Request for zoning district change From Rural to Commercial Regional Service for 1.633 acres for 11,000 sq. ft. strip shopping center. location: east side of Glen Lane between Singletree Lane and Eden Road. (Ordinance No. 34-84 - zoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. a Dave Reimer, Urban Assoicates, addressed the request. Senior Planner Franzen said the Planning Commission had reviewed this request at its April 19, 1984, meeting at which time it recommended approval subject to the conditions included in the April 6, 1984, Staff Report. 1 Bentley asked if there was adequate parking and if there was proof of parking on the site. Franzen said there was proof of parking unless all the establish- ments were in commercial use. Planning Director Enger stated it has been found that there are 51 - 6 spaces per 1000 sq. ft. in most places in the City where there is commercial use which is adequate whereas the Code calls for 8 spaces per 1000 sq. ft. Bentley said perhaps this should be looked at. - Penzel asked what the proposed construction schedule was. Reider said they hoped to begin this month. There were no comments from the audience. MOTION: Anderson moved, seconded by Tangen. to close the Public Hearing and to give Ist Reading to Ordinance No. 34-84. Motion carried unanimously. MOTION: Anderson moved, seconded by Tangen, to direct Staff to prepare a Summary Resolution of Approval as per the Planning Commission and Planning Staff recommendations and any amendments thereto. Motion carried unanimously. G. VACATION OF EASEMENTS for parcels at the northeast corner of 78th Street and Rrairie Center Drive C elsh/Texas instruments.) (Resolution No. 84-971 City Manager Jullie said notice of this Public Hearing had been published._ : 4 Director of Public Works Dietz summarized the purpose of the vacations. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-97, vacation of utility and drainage easements and temporary slope and road easements on Lots 5 and 6, Block 1, Leona 2nd Addition and part of Lot 8, Auditor's Subdivision No. 335. Motion carried unanimously. City Council Minutes -1D- May 1, 1984 H. NATIONAL. CHILD CARE. Request for Planned Unit Development Concept Amendment and Planned Unit Development District Review and zoning from Rural to Neighbor- hood Commercial for a day care facility and preliminary plat of 17.28 acres into four lots. Location: southeast quadrant of Anderson Lakes Parkway and Highway 1169. (Ordinance No. 32-84 - zoning; Resolution No. 84-88 - prelimin- ary plat.) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jack Lynch, Westwood Planning and Engineering, representing the proponent. • spoke to the proposal. Senior Planner Franzen stated this request had been reviewed by the Planning Commission at its meeting on April 9, 1984, at which time it had voted to recommend approval subject to the recommendations included in the Staff Report dated April 6, 1984. Penzel asked what type of access there would be off of Anderson Lakes Parkway. Franzen said there would be full accesss. Planning Director Enger said a median cut had always been shown at this location. Anderson asked what type of fencing would be used around the school area. Jack Voss, representing National Child Care, said the original plan did not identify the type of chain link fencing, He stated Staff had recommended that a berm be placed along Anderson Lakes Parkway which would hide the fencing. Enger noted that if it is bermed and screened it does not matter whether or not it is vinyl clad fencing. Penzel asked if a storm shelter was provided. Voss said he was unable to answer that question. Penzel said this must be addressed prior to 2nd Reading. , Nancy Furst, 8693 Darnel Road, said it was too late in the evening for many people to be here tonight and also a group had been told at the Planning Commis- sion Meeting that this was going to be on the May 15th Council Agenda. She said the Council should have received a letter from the Child Care Worker's Alliance. Furst indicated that Day Care centers are not well monitored -- not as well as they should be. She went on to stated the Eden Prairie will have only one kind of child care available that being the franchise-type operation. She said this is not the quality of care the city deserves: other options should he available to children and their parents. Redpath said the market dictates the type of day care by what the parents are going to choose. Penzel said this is a parental responsibilty which then keeps those centers going which are in demand. Penzel indicated the issues at hand: the propriety of the land use and does the City have adequate supervision of day care providers via State and City regulations. He noted that this issue should be referred to the Human Rights and Services Commission for its review. These two issues should be separated. The second issue is not before the Council this evening. f1 ((,� City Council Minutes -11- May 1, 1984 f: s. Furst asked that the decision to rezone the land be held until the matter is reviewed by the Human Rights and Services Commission. City Attorney Pauly stated the number of day care centers in the City is not a proper matter to be considered by the City Council: the issue before the Council is one of zoning. He noted that currently the City has no regulations which apply to the control of day care centers so the City has nothing upon which to base a decision. Furst said she would like to see other types of child care encouraged rather than have more rules and regulations imposed. Voss said that all of their day care centers are licensed and have certi- fied day care instructors, MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 32-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-88, approving the preliminary plat of National Child Care for Eden Prairie Real Estate Investment Corporation. Motion carried unanimously, MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement as per Commission and Staff recommendations and and amendments thereto, Motion carried unanimously, MOTION: Bentley moved, seconded by Anderson, to direct the Human Rights and Services Commission to do a review of day care needs and alternatives in Eden Prairie and to make recommendations to the City Council as to what is needed. The matter of researching statutory regulations and increased licensing requirements was referred to the City Attorney, Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 13309 - 13507 MOTION: Bentley moved, seconded by Tangen, to approve the Payment of Claims Nos. 13309 - 13507, Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports, VII. APPOINTMENTS A. Appointment of two (2) representatives to the Human Rights and Services Commission to fill unexpired terms to 2 28/86 MOTION: Anderson moved, seconded by Redpath, to appoint Bill Jackson and Woodrow 8jork to the Human Rinhts and Services Commission to fill unexpired terms to 2/28/86. Motion carried unanimously. • City Council Minutes -12- May 1, 1984 t" VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Letter from Vera P. Keller, Vice President of Operations. Factory Outlet Center, regarding re2uest to amend Developer Agreement regarding sign restrictions Mayor Penzel called attention to a letter from Vera P, Keller in which she requested an amendment to the Developer's Agreement so that the Factory Outlet Center might construct more signs. He referred to a memorandum a of April 27, 1984, from Planning Director Enger which further addressed . this request. Dan Leiberthol, center manager, spoke to the request noting that four f canopy-type signs which would be for the purpose of identifying the build- ing are requested. Bentley asked if the request meets the Code. Enger said the original pylon sign was in exchange for the requirements of the Ordinance; a trade-off was made. Penzel asked if perhaps restrictive covenants might be required so that there would not be a proliferation of signs by individual stores within the center. Enger said this had been suggested. There was discussion regarding the size of other signs within that quadrant of the City. Enger said he was not sure that four signs is not excessive. Liiberthol outlined the reasons for the four signs. The Manager of one of the stores in the Center addressed the problems people have stated in finding the actual Center once they get into the area due to the lack of signs. MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. deadline to 12:30 a.m. Motion carried unanimously, MOTION: Redpath moved, seconded by Bentley, to move the request with the stipulation that Staff work with Factory Outlet Center about reducing the size of the signs on the north and west sides of the building and that this be accomplished via restrictive covenants and not via an amendment to the Developer's Agreement. Tangen said he felt the motion was too vague to support, He said he could not go along with the size of the proposed signs. Tangen said he would favor having this returned to Staff and then come back to the Council for its review. THE MOTION WAS WITHDRAWN. MOTION: Tangen moved, seconded by Anderson, to refer the matter back to Staff for renderings showing the entire structure and how the signs would look. This will then he reviewed the by Council at its meeting on May 15, 1984. Motion carried unanimously. 9 • City Council Minutes -13- May 1, 1984 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Evaluation Review Form (Continued from 4/17/84) Penzel suggested that City Manager Jullie draft a job description ;4 and present that to the Council at its meeting on May 15, 1984. 9 The consensus was to continue this matter to the May 15, 1984, 1 meeting. 2. Anderson - Bridge on County Road 4 Anderson stated the bridge over the railroad tracks south of Baywood Lane is unsafe for bike riders. Staff was directed to draft a letter to the County Commissioners noting a bikeway was created along County Road 4 with no provision for a bridge crossing. 3. Penzel - noted there will be a meeting of the Municipal Legislative Commission on Thursday, May 17, 1984, at the Decathlon Club. B. port of City Manager 1 There was no report. 1 C. Report of City Attorney i There was no report. D. Rifort of Director of Community Services 1. Community Education/City co Recreation Programs' Duplication ntinued from March 2 , 1984) Director of Community Services Lambert called attention to his memorandum ' . of April 26, 1984, in which this issue was addressed. Carol Hone, 9001 Eden Prairie Road, said she felt the City programs are a good public relations tool for the City with over 2600 adults partici- pating in the various programs. She said she did not agree with the City releasing a program which is revenue producing. Hone said she wondered about asking the School District to add programs when it is attempting to make cutbacks. She said she felt the programs should remain with the City. Barbara Johnson chairman of the Historical and Cultural Commission, stated Eden Prairie is a community of young families and the need for programs such as those offered by the City is only going to increase rather than decrease, li � ' City Council Minutes -14- May 1, 1984 Bentley asked how the Council had gotten to this point: he said he thought the talk was that of combining the brochures and riot transferring responsibilities to the School District. Penzel said ; he had received complaints over the last couple of years regarding the duplication of efforts by two agencies within the community. Anderson pointed out that the State Legislature approved a $5 per ' head tax which is used by the Community Education arm of the School Districts in the State. These monies cannot be allocated for anything but community education and/or education. Redpath asked if these programs raise money for the City. Lambert indicated it was a "wash." Lambert said the City would anticipate continuing to operate summer pro- grams and music in the parks, etc. He said initially the present • coordinator position would be reduced to part-time. Lambert indicated the City would work on not duplicating what the School District is doing. Sandy Werts, Recreation Supervisor, noted that some of the City programs are run out of the Community Center. Bentley said he had concern about relinquishing control and program delivery. He said he felt that would be a loss of balance in the community. Lambert said there would be no money transferred to the School District. Bentley asked if a good effort had been made at trying to coordinate efforts. Lambert said this would be possible once things are computerized within the City -- there has been good coordination between City Hall and the Community Center. He stated that the City and School District have rarely duplicated classes although they have had classes which are similar, Problems were created when the City and the School District had separate brochures. MOTION: Anderson moved; seconded by Redpath, to approve the transfer of recreation instruction programming to the Eden Prairie School District, and to direct Staff to work with the Community Education Department to assure proper implementation. Motion carried with Bentley voting "no." 2. Eden Prairie Horsemen's Request Director of Community Services Lamhert referred to his memorandum of April 25, 1984, in which this request was addressed, '1 Redpath asked what the City's liability would be. Lambert said he had discussed this issue with the City's insurance carrier and he was going to research it further. Tangen asked how the improvements which would have to be made to build a riding ring would be paid for. Lambert said this would come out of J. cash park fees; this was not programmed for this year and thus would have to be deferred. City Council Minutes -15- May 1, 1984 Penzel said he was inclined to suggest to the Horsemen that they do not have the participation to justify this type of expenditure. Pat Hartell, Eden Prairie Horsemen President, said there is no facility in Eden Prairie presently which is open to the general public -- the only facilities are in connection with private stables. Redpath said he was bothered by the liability question. Anderson asked how many other communities have riding rings. Lambert said Plymouth and Minnetonka have rings. Anderson asked how many City residents ride or have horses; do the numbers justify the cost? Hartell stated their club has about 55 members some of which are family members. MOTION: Bentley moved, seconded by Tangen, to refer this matter back to Staff for further review of the question of liability and to come back to the Council with further information on May 15, 1984. Motion carried unanimously. 3. Staring Lake Play Structure Proposal Director of Community Services Lambert called attention to his memorandum of April 11, 1984, MOTION: Tangen moved, seconded by Anderson, to authorize development of the Staring Lake Play Structure Site, Phase I, as per Director of Community Services Lambert's memo of April 11. 1984. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. E. Report of Director of Public Works 1. Award contract for signal installation at Flying Cloud Drive and Shady Oak Road, I.C. 56-057 (Resolution No. 84-96) MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-96, accepting bid for traffic signals at Flying Cloud Drive and Shady Oak Road, I.C. 52-057. Roll call vote: Anderson, Bentley, Redpath, Tangen, and Penzel voted "aye," Motion carried unanimously, X. NEW BUSINESS XI. ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 12:35 a.m. Motion carried unanimously. • ( MEMORANDUM It: Mayor and City Council • FROM: Sandra F. Werts, Recreation Supertii(7 - DATE: May 23, 1984 �V/ SUBJECT: Change Order - Phase II Restoration - Cummins-Grill Homestead The Phase II restoration work on the Cununins-Grill Homestead, which is being funded by State and Federal grants through the Minnesota Historical Society, included tuck- pointing of the brick and removal of the porch on the east side of the house. When the porch was removed from the house it was found that additional tuckpointing was necessary that was not included in the original quote given while the porch was intact. The Contractor went ahead and completed this work so that the building is entirely sealed. The cost for this additional work is $495. This would be paid through funds that have been raised for the restoration of the house and will be part of the City's match for the grant. The original bid for this project was $12,900. The change order will increase the total cost to $13,395. This project is being funded by a grant thru the Emergency Jobs Act for $8,500 from the Federal Government, $3,000 from the State Historical Society, and with a local match of $5,500. This match consists of the $3,000 grant from the Eden Prairie Foundation for window restoration and $2,500 in volunteer labor. At the May 22nd meeting of the Restoration Committee the following motion was made: • • MOTION: It was moved by Lynch and seconded by bite to recommend to the City Council payment for the additional tuckpointing on the east side of the house. The motion passed unanimously. City Staff requests the City Council to approve Change Order No. 1 for $495. • All the contracted work on Phase II has been completed, so there will be no further change orders. The work on the Cummins-Grill homestead the past three years has-been to limit the further deterioration of the house. This work includes a new roof and rebuilding of chimneys, a central heating system and new electrical wiring on the first floor only; tuckpointing of all brick except on the old ice house; restoration of windows and doors and new screens and storm windows. The Restoration Committee is currently painting all the storms and screens and will be painting all the trim and porches-on the house. This will complete the volunteer labor part of the above mentioned grant. They have another work day scheduled for Saturday, June 16th. This summer the parks • division will be removing some of the old out buildings and grading and seeding the grounds. This work, when completed, will improve the appearance of the house to the public. ?' 1 The Restoration Committee is continuing to work on fund raising for the restoration. ( Continued restoration will be done in phases as funds are available. SW:md • CHANGE Dirtl ihulinn to: ORDER OWN!R IA ARcitilLCT EN AIA f)OCIJAI)NI C,701 CON I I ACTOR r<1 IIIID O 01111R ❑ • I'ROILCT: Cummins-Ct:ill llouse (Phase II) CHANGE ORDER NUMBER: One (eame,addres0 Eden Prairie, MN INITIATION DATE: May 7, 1984 TO(Contractor):" 1 —I AItC.I II I ECI'S PROJECT NO: llobco Inc. CONTRACT FOR:Restoration 6449 Lyndale Avenue South 1 Minneapolis, 144 55423 CONTRACT DATE:November 1, 1983 You arc diiccIed to make the following changes in this Contract: • 1. East wall brick repairs $495.00 • • • Nut\.,hd until,p:ncd by troth the Owes,and Ardrilet1. Sign,nure ni Ihr Cnnll.0 lur:milt A.s his ap t.(111 nt hI n•wutt,III(lutluryt.vty,,tlllollnenl in the Crntrarl Sum or Contr..,lone. . The original(Contract Sun))(6ie(.)tx:O:xetM:tntxxnsxxxCC was $ 12,900.00 . Net(lunge by previously authorried Chan,e Orders $ None The IContract Sun)ti:.xxxl:kssittl)>xxxxxFx xl prior to this Change Order was $ 12,900.00 The(Contra&I Sun))If xxxti:Lmxtv.k_61xx7.10:xx.y.will be(Increased)CAN-Mo CNl(IWxttCt(iCs)t) by This Ch.utgc Older $ 495.00 the sew)Contl.tct Sent)I(xa(>:xxxa:xsm>^aatsN :ax including lies Change Order will be $ 13,395.00 . The Contrail TIrne\,•ill he(xxy;xxxIt IS;t^htw:)ad tunlhan);e(1)by ( 0 )Days. The(fate of Sub,tanlial ComplOion as of the date of this Chase'Order therefore is N/A • Aud,oriacd: MacIonald_h_Macl_, Part1t0t,hill_ llobco Inc. City_pf Eden Prairie f Al:(Illilt I ((t\Ii.\t ill:. • ()Wit I.: •. ( .305_GiailLExchttnge_11ailtling__ •. 6449_LSn(laleAvenue South_ 8950 Eden Prairie Road. ( AJ.trr,. Ad hr., ._... Address Tiinnctirol i , rlN.55415 1 .-.Miniteppol Is., MN 55423 i Eden Prairi_e,_1,!N ;. f (' l I: Lu bail&•my i,tl(J - Ccurt I" A. llcct(Jui;tt mil 1111( _ r_Y I) Mtiy 7 1.9R41._--- t)Al(AlE DMItAll N1 t.7nt • (IIANtl IWilK • APKu r'Ge tltllltry • MA, • ut t4711 J,r_!t C7t1)—P1711 A (III sit F'.II\N I.`:',1llttll(11 AK(11ii1(I`.,1711 NIw 1ln;1;A\I,.N\\'.\t'.e.t lINt.111N,III .run,, t C MEMORANDUM I TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager ;$ FROM: Bob Lambert, Director of Community Services DATE: May 31, 1984 SUBJECT: Request Authorization to Advertise for Bids for Homeward Hills Neighborhood Park Development City staff is requesting authorization to advertise for bids for grading of the Homeward Hills Neighborhood Park. The City has not yet received the deed from Browning Ferris Industries; however, we are assured that the deed will be forthcoming in the future. If the City has not received the deed prior to accepting bids, we'll request a right of entry prior to awarding the bid on July 10th. The timing for the grading of this project is critical due to the nature of the soils on the site. The grading must be completed in July and August and be ready for seeding as of September 1st. Staff would propose to advertise in the Eden Prairie News on June 7th, and in the Construction Bulletin on June 8th and 15th. All bids will be received no later than 10 a.m., on June 2Bth, at the Eden Prairie City Hall. Bids will be opened at 10:30 a.m., June 28th, at the Fire Station, at Mitchell Road and Highway 5. The bid will be awarded at the July 10th Council meeting. This project will include grading the site, installing the proper storm water sewer connections, placing Class 5 on the access roads and parking lots, and placing aglime on the infield of the softball field. The City will seed the site in September. The playground structure and the backstop will be installed in the spring of 1985. Landscaping will also be begin in the spring of 1985. The estimated cost for this grading project is $195,ODD; funds to to derived from the cash park fee fund. BL:md • June 5, 1984 a CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-135 RESOLUTION ADOPTING ASSESSMENT Spring, 1984 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of: (See Attached Exhibit A). • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL DF EDEN PRAIRIE, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the • assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A, and shall bear interest at the rate shown on Exhibit A from the date of the adoption of this assessment resolution. Interest on the entire assessment from the date of this resolution until December 31, 1984, shall be added to the first installment. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city finance director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding • year. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for 4 from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 1985. • ADOPTED by the council this 5 day of June, 1984. C Wo fgang H. Fenzel, Mayor John U.Inane, Clerk 1 • CITY OF EDEN PRAIRIE RESOLUTION NO. 84-135 EXHIBIT A 1. I.C. 52-033 Sanitary sewer, watermain and street Project cost: $205,368.13 yy improvements on Homeward Hills Road north of Pioneer Trail. City Share: $ 7,152.08 Grading: $11.66 Net Assessment:$198,216.05 Street/storm sewer: $36.71 @ ft. Sanitary sewer: $13,882.80 - 100% 17 years at 11% to Pax Christi Watermain: $9.31 @ ft. 26-116-22-12-0005: $ 80,277.50 26-116-22-21-0003: $117,938.55 2. I.C. 52-040 Storm sewer and street improvements Project Cost: $ 61,338.22 in Creekridge Estates. Net Assessment: $ 61,338.22 !i L1 81: $20,000.00 L2 BI: $25,000.00 5 years at 11% L3 81: $16,338.22 3. I.C. 52-049 Sanitary sewer and watermain for area Project Cost: $ 59,677.29 adjacent to Shady Oak Road and south of 62nd Street. City Share: $ 20,223.11 100% to 02-I16-22-11-0006 ($1,000.00 Homestead Credit) Net Assessment: $ 39,454.18 17 years at 11% 4. I.C. 52-052 Watermain improvements on County Road Project Cost: $ 32,852.49 67 west of Chicago, Milwaukee and St. Paul Railroad tracks. City Share: $ 9,253.78 100% to 03-116-22-22-0031 Net Assessment: $ 23,598.71 5 years at 11% 1i1/b ( 5. I.C. 52-054 Sanitary sewer improvements across Project Cost: $ 13,182.56 Eden Prairie Road from Rainbow Drive. City Share: $ 4,200.00 04-116-22-23-0039: $4,491.28 04-116-22-23-0040: $4,491.28 Net Assessment: $ 8,982.56 17 years at 11% 6. Trunk Sewer and Water $2,530.00/acre or $520/S.F. lot 02-116-22-11-0006 $ 520 + $10,359 deferred 17 years at 11% 10-116-22-11-0002 $ 2,530.00 17 years at 11% 12-116-22-43-0002 $ 300.00 " " " 25-116-22-31-0002 $14,674.00 " " " 25-116-22-31-0064 $ 300.00 17 years at 11% 14-116-22-24-0001 $ 300.00 17 years at 11% 7. Lateral Sewer and Water 01-116-22-32-0003 $ 7,400.00 17 years at 11% 10-116-22-11-0002 $ 5,505.00 " 12-116-22-43-0002 $ 3,120.00 " " " • 17-116-22-11-0004 $ 7,400.00 " " " " 25-116-22-31-0064 $ 4,440.00 17 years at 11% 14-116-22-24-0001 $ 3,485.20 17 years at 8% in( TO: Mayor and Council FROM: John Frane DATE: May 31, 1984 RE: 1983 Budget - General Fund The 1983 expenditures were 25,000 less than the adjusted budget; revenues were $285,000 in excess of the budget for a total plus to the General Fund Balance of 310,000. The 1984 Budget indicated that $230,000 of the balance would be used to finance the 1984 budget. This leaves a plus to the balance of $80,000 which is $916,000 at the end of 1983. ( CITY OF EDEN PRAIRIE 1983 Budget Adj. Budget Received Balance Taxes 2,371,000 2,548,370 177,370 From other Agencies 942,700 938,871 (3829) Licenses 62,500 87,351 24,851 Permits 477,700 805,732 328,032 Fines 111,000 153,961 42,9-61 Revenue Sharing 83,500 83,175 (325) From other Funds 75,000 10,000 (65,000) Overhead Transfer 294,000 (294,000) Other Revenues 114,000 128,110 14,110 Community Center 304,700 362,731 58,031 Fees 189,900 192,340 2,440 ( 5,026,000 5,310,641 284,641 • CITY OF EDEN PRAIRIE 1983 BUDGET ADJ BUD EXPENDED BUD BAL MAYOR & COUNCIL 13200.00 13200.00 0.00 CITY MANAGER 74600.00 74297.02 302.98 ELECTIONS 500.00 306.00 194.00 ASSESSING OEPT 142100.00 141474.60 625.40 BLDG INSPECTION DEPT 181700.00 181418.38 281.62 COMMUNITY SERVICES ADMIN & PROG SUPR 132500.00 131839.54 660.46 PARK MAINTENANCE 277100.00 276194.64 905.36 BEACH & PLAYGROUND 46300.00 45635.69 664.31 COMM EDUCATION 16000.00 15929.00 71.00 HIST & CUL ARTS 4000.00 3823.45 176.55 HUMAN SERVICES 31800.00 31556.15 243.85 LIESURE SKILL DEV 46500.00 48439.03 60.97 ORGANIZE.O ATHLETIC 50300.00 49991.95 308.05 ROUND LAKE CONCESS 9500.00 8813.24 686.76 SKATING 14500.00 14016.28 483.72 SPECIAL EVENTS 8900.00 7925.80 974.20 TEEN ACTIVITIES 8300.00 8172.59 127.41 FORESTRY 98000.00 97952.50 47.50 COMMUNITY CENTER 403200.00 402324.74 875.26 FINANCE 97300.00 97218.99 81.01 PLANNING DEPT 107300.00 107066.17 233.83 PUBLIC SAFETY DEPT POLICE 1006300.00 1005899.80 400.20 FIRE 172400.00 172031.97 368.03 CIVIL DEFENSE 25400.00 24919.46 480.54 ANIMAL CONTROL 11000.00 10406.47 593.53 FIRE & P /S BLDGS 79400.00 78690.31 709.69 PUBLIC WORKS DEPT ENGINEERING 261800.00 260808.13 991.87 EQUIPMENT MNTC 270100.00 269448.46 651.54 SNOW & ICE CONTROL 70200.00 69575.70 624.30 STREETS & DRAINAGE 370600.00 370304.35 295.65 STREET LIGHTING 63000.00 62558.71 441.29 P/W & PARK BLDG 9000.00 8906.09 93.91 SHARED SERVICES GENERAL 162100.00 162045.94 54.06 LOGIS 20200.00 20060.88 139.12 LEGAL COUNSEL 71000.00 70514.80 R5.20 CITY HALL 46500.00 46138.96 361.04 PUBLIC INFORMATION 14400.00 14134.96 265.04 BENEFITS & INSURANCE 552500.00 551964.11 535.89 RESERVE 65500.00 55678.06 9821.94 5037000.00 5011682.92 25317.08 • June 5, 1984 CITY OF EDEN PRAIRIE • • HENNEPIN CDUNTY, MINNESDTA RESOLUTION 84-145 A RESDLUTIDN APPROVING FINAL PLAT DF TECHNDLOGY PARK WHEREAS, the plat of Technology Park has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFDRE, BE IT RESDLVED BY THE CITY CDUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Technology Park is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated 5/22/84. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified • copy of this resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADDPTED by the City Council on June 5, 1984. Wolfgang H. Penzel, Mayor ATTEST: SEAL ohn D. Frane, Clerk • 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: Rodney W. Rue, Design Engineer 4 • DATE: May 22, 1984 SUBJECT: TECHNOLOGY PARK PROPOSAL: ` The developer, Hoyt Development, is requesting City Council approval of the final plat of Technology Park. This plat consists of one lot (12.5 acres) and an outlot (4.37 acres) located in the South % • of Section 12. Lot 1, Block 1 is intended for I-2 Park use. Outlot A shall remain rural and will require rezoning prior to development. Lot 1 is proposed to have two 81,530 sq. ft. buildings. Separate ownership is possible only through replatting. HISTORY: c A second reading of Ordinance No. 37-84 by the City Council rezoning the 12.5 acre lot (Lot 1, Block 1) to I-2 Park is scheduled for '' June 5, 1984. The preliminary plat was approved on May 15, 1984, per Resolution 84-107. r The Developer's Agreement referred to within this report is scheduled for execution on June 5, 1984. VARIANCES: Variances to be allowed are described in the Developer's Agreement. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities will be installed between the two proposed buildings on Lot 1 and along the extension of West 76th Street. All the municipal utilities and street construction shall be in conformance with City standards. The developer shall provide the City with mylar "as-builts" certified by a Registered Engineer and appropriate utility casements for the sewer and water utilities that were installed on the property north of this proposed subdivision. A. The developer shall obtain the right-of-way for West 76th Street from the McCartney property by a warranty deed or included on the plat and dedicate it to the City. • Pg. 2, Final Plat Technology Park 5/22/84 PARK DEDICATION: • The requirements for park dedication are covered in the Oeveloper's Agreement. BONDING: The requirements for bonding are covered in the Oeveloper's Agreement. RECOMMENDATION: Recommend approval of the final plat of Technology Park subject to the requirements of this report, the Oeveloper's Agreement and the following: 1. Receipt of engineering fee in the amount of $250.00. 2. Receipt of street lighting fee in the amount of $1872.00. 3. Receipt of signing fee in the amount of $190.00. • 4. Execution of the Developer's Agreement. 5. Satisfaction of Bonding Requirements. 6. Receipt of construction plans and specifications for the municipal utilities and street construction. 7. Receipt of dedicated right-of-way for West 76th Street (McCartney property). • RWR:sg cc: Brad Hoyt, Hoyt Development Ron Krueger & Associates, Inc. • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 5, 1984 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING George F. Cook Construction Co. Coon Rapids Plumbing & Heating Hines Brothers Masonry, Inc.. Wayne Dauwalter Plumbing Laserdyne Madsen Plumbing & Heating Sunrise Properties, Inc. Don Weld Plumbing CONTRACTOR (1 & 2 FAMILY) REFUSE HAULER Classic Homes, Inc. Buckingham Disposal • Exterior Design Studio Gene Mace Construction Midwest Gutter & Remodeling The Narva Corporation Pacific Pool & Patio Nichols Home Providers, Inc. Palmer House Builders Don Roderick & Son Construction The Rottlund Co., Inc. Sawhorse, Inc. ITT Schadow, Inc. Scott Construction Skyway Quality Homes, Inc. Valley Pools, Inc. These licenses have been approved by the department heads responsible for the licensed activity. (7)1.1 Pat Solie, Licensing . 19'"1 4, • TO: Mayor Penzel 'and City Council • THROUGH: Carl J. Jullie, City Manager FROM: Eugene A. Oietz, Oirector of Public Works DATE: May 31, 1984 SUBJECT: 5 Year Capital Improvement Budget 1t The following changes have been made in the proposed budget for Capital Improvements: 1. Public Safety Pistol Range expenditure moved from 1984 to 1985. 2. Liquor store expenditure moved from 1984 and 1985 to 1985 and 1986. 3. Microwave radio transmission system deleted. 4. Public Safety computer system expenditure increased from $15,000 to $50,000. 5. Valley View Road (Golf to 4) shifted from 1984 and 1985 to 1986 and 1987. 6. Signals - 1/18 cost corrected. Total cost changed from $35,000 to $15,000. Since this is a temporary signal, Bloomington and Eden Prairie will share in the cost - - 50% each. When permanent signals are installed in the future, we will receive a credit against our share of the cost. 7. Technology (Creek to PCO). This project was moved ahead from 1987 to 1986. We will continue to monitor the settlement rates and investigate ways of expediting the project to move it to 1985 if possible. The above changes were as perceived by City Staff. If additional modifications are necessary, this item can be removed from the Consent Calendar for further discussion. However, if the budget does accurately reflect your decisions, we will forward the document to the Planning Commission. For your general information, a copy of the Five Year program for Parks and Open Space (March, 1984) is attached. EAO:sg • CAPITAL !MUNIMENTS ROADiiAYS (1984 DOLLARS) TOTAL CITY BUILDINGS COST SHARE 1984 1985 1986 1987 1988 BEYOND t 1 CITY HALL (40,000 S.F.) 4000000 1001 200000 2800000 1000000 0 2 PUBLIC SAFETY PISTOL RANGE 80000 1001 80000 125000 l 3 FIRE STATIUSII00ESE0'0E AREA 125000 1001 150000 . 4 FIRE STAI:Oa1AIRPORT AREA 150000 100% '5 110009 STCRE (10,000 S.F.I 6UFU00 1001 100000 500000 52000 6 PUBLIC SAFETY CAME ADDITION 52000 1001 200000 2000000 1 COMMUNITY CENTER EXPANSION 2200000 1001 588101615 7201000 100% 200000 2980000 1500000 377000 2000000 150000 EOU1F'MENT 1 FIRE TRUCK 11250 GPM TELE-SCUIRT) 150000 100% 150000 2 FIRE TRUCt. 0250 PUMPER) 95000 1001 95000 3 PUBLIC SAFETY COMP'@TER SYS. 50000 1001 '50000 4 A➢MINISTRAIi0E FLEET (Il) 112000 1001 32000 20000 20000 20000 20000 I 45000 5 BAC1HOE 45000 1001 :1 (1. C 452000 1001 82000 20000 215000 115000 20000 R UE'TOTALS 4 WATER L SEWER I WATER PLANT EROSION 5000000 1001 300000 10000D0 2000000 1700000 2 MRS TRUNK: TEED ADC): PHASE) 110000 570000 • 570000 3 WATER MAIN EROSSINS OF 1-494 90000 1001 90000 4 LIFT STATIOR LPE-1 SERVICE AREA 360000 1001 200000 160000 5 PCB TRANSFORMER'S 32000 1001 32000 6 LIME RLUOGE 400000 100% 80000 80000 80000 80000 80000 7 WATER".AI!I-111.`.-ELE6%TEO TRUER 165000 66000 66000 j, 4 SULIOTALS 6817000 636000 402000 1110000 1146000 2030000 1720000 1' i a 8:!:FTRAIIS '_ I CSAH I, CEDAR MEET - DELL RD, 30000 1001 30000 t 2 MITCHELL, TH.5 - VALLEY VIEW RD. 25000 1001 25000 D'0C! L,'S RD. DELL RD.- EAST 50000 1001 50000 40000 4 CSAH 4, F.OURD, LURE-(IC) TALE TR. 40000 100% 25000 5 EEAH 1, DELI RD.- RILEY LACE PARK 25000 100149000 ,,, 6 GERM 4, Pi:F. IL.TR.-D(SCH 12.FA40 40000 1001 E0P101015 210000 1001 55000 5000D 40000 :5(00 40000 ( TOTALS 146E16000 616000 739000 4160000 2901000 2597000 3840000 151203 MAY 24,19E4 1 PASS 1UF2 • CAPITAL IMPROVEMENTS ROADWAYS (1984 DOLLARS) le" TOTAL CITY PROJECT NAME . COST SHARE 1984 1985 1986 1987 1988 BEYOND COMMENTS I HOMEWARD HILLS ROAD (PHASE 2) 24)000 241D00 241000 2 VALLEYVIEW (GOLF -4) 16E7000 970000 15000D 820000 3 BAKER ROAD (67 -ARBOR GLEN) 736000 192000 1920D0 STATE TIMIMS 4 CSAH 4/TH.5 INTERSECTION 780000 150000 150000 COUNTY TIMING 5 TDWNLINE ROAD (4- 101) 22E6000 750000 750000 6 SIGNALS- 1/18 15D00 7500 7500 COMMITTED • 7 TECHNOLOSY (CREEK-P.C.D.) 253000 96000 96000 8 DUCK LAKE TRAIL/CASH 4 INTERSEC. 25000 25000 25000 9 MITCHELL ROAD (RED ROCK) 980000 480000 483000 RED ROCK TIMING 10 BENNETTJBLOSSOM/CSAH 1 30000 30000 30000 II EDEN ROAD (GLEN-TH.1691 206000 30000 30000 FEAS. UNDERWAY 12 62ND ST.(OLD-NEW SHADY OAK R0.1 60000 30000 30000 WITH 62 CROSS. 13 RIVERVIEW (NODER-181 1440000 432000 432000 14 DELL ROAD (TWILIGHT-5) 527000 132000 . 132000 TH.5 CDNST.1986 15 ROWLAND ROAD 1037000 270000 2700D0 16 VALLEY VIEW RD.(ORAONS-VIKING) 805000 161000 44000 117000 NORSEMAN TIMING 17 EDEN PRAIRIE ( 1 - 169) 1455000 436000 - 436000 18 MITCHELL RD.(PHASE I,PREL.GRADE) 25000 25000 25000 NATL.TO DLT / 4 19 PRESERVE BLVD.(P.C.D. -A.L.P.) 90000 90000 MATN1. 9000015000 OVERLAYBS DELL ROAD (DLT -62) 561000 112000 112000 • HIDDEN GLEN Tit ‘_ BELL ROAD (5- 169) 2E70000 861000 861000 22 SHADY DAY RD.(62- 169) 1068000 300000 300000 23 SIN6LETREE LANE (EDEN RD- P.C.D1 35000 35000 35000PHASE 1, 100Y (PHASE 2 WIDENING) ASSESSED 24 TH.5 (PRAIRIE CENTER DR. -41 18n001 WnDOT 25 TH.169 t PRAIRIE CENTER DR. - 4) Mn0OT MnDOT 26 CROSSTOWN (PHASE 11 HENN.CO. HENN.CD. 5 YR. CIO STATE AID 2501500 7500 285000 522000 820000 867000 GENERAL 1200000 50000 172000 576000 132000 270000 TOTALS 17212000 5855500 3701500 57500 457(00 109E000 952000 1137000 2154000 5855500 • MAY 25,1984 • PATE 2 OF 2 • ( 0 V • • 1. cn y pp on Ul r'1 o f 222 k G O O CJ O O an pp O O O O Ci in O �.� U O O O O O O O O 0 IdO {.9T H N ~ 0Orr N0ill H N N N N N N01 N N ,! 3■` N N yr N N a • o --'— --' ---'----------'— o `0 N 0 • c 0 c n O 0 C c U N r. M d Y b CO DI M b _Sa_ _ _N_. _.O�. �. _ _ — _ H X C a 0 0 0 n C U 0 d .,...0D b O 0 »V O I.C O n 0 U 0 0 h 00 >.00 Crn N 1.0 N y W r n Y H enVI ID O F• noO i VPV 1 W ' O • U 0 O p k O O DI A O O 2 SU J • O O L N N M w • O r` rJ V VI — u d N {{E C••n y 0 N f U� - WO 00 O Y O )L 1 p• 0• •p O •�»O NO WO r•>Ury0 6 p !U .-] N h u✓ref CN [V OM,as GI [VO k H ,g. a0 N O M - m m� .f vs _._ O O __ __�_ _�_ _ • y O O - O O V Y C 0 0 7 a I. ga H O U LI 0D (J v,V! 4+ . f 0 O N Y a m N •.•...1 r U V --- N 0 C M r0 y �V! 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"O•O q •p co O O M N O N N o ul N b a. 1, N ro C co 12 C ti co 0 Lon ) 0 in a 0 z .... N C m i W v -N of 00 0 Ca 0 3 N p MI.CU j l' 14.. COC — 44 N.0 cmd0 C V ti t cO 0 0 0 0 0 0 0 0 0 0 C P.V 0 Cr. La 0 0 0 0 0 N 0 11 0 1n •.1 0 0 K ti CO .-1 0 t\ 0 0 1N N 0 0 0 ca.-4 a) P. .•. 0 0 c0 01 N N O c0 0 co 0 0)•1. I-. co 0 z N w w ; av P. W •rf d a) I > • ..~ yo0 0 W V) 1• VI 0 a) g0' U V) U ..a 0 0 0 0 0 0 O O 0 O U V) 0 2 O 0 0 OI--. v c 0 N O O O .O N ,., to O ap I. P• N O COO COO U O1 1n COaO W O V) C p. �. .( .--. N to N .0 O N <t CO ....Im N N to. 4 V/ .4, O 1.1 AO. V) .4 W U•r1 W Y ____ '-4 0.4 O W 0 .rl ••.U. N•r1..--1 > y g .�. 0 m o•m H Lc. g > N01 a) v N a m 4,� P H a. v)x.. V. •.a mn )4 1+1 0 E aa c '- E � '" c c CD G P oo a) a) 'd O 0 O 0 K U )). Pc •r1 U P: W Is. 0.4 1n r. N w - H ti 0 - aa)) d 0 0 a4).�. 0 mamN ali4..... .r W 4.) . 1r ry N 4)F' P. V) m m m v. m P.•.1 0 >, — •o .0 4./ .!•O . w u v a) ••r. ..-10 •.1. V) ...4 0 ^ c V7 C v. C. ¢ 1-n 0 .m 4-, 0 .. 4, ...'C > > to :1 m 4) 0 :f c A q .. ar V) V) 0 V) ,C C A•.t W v. U P: U)1.1. t) O V) U. W WH W F" m041 • June 5, 1984 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-144 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, through RCM, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 52-064, Flying Cloud Drive through Lee Data and Wilson Ridge and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications, The advertisement shall be published for 1 week, shall specify the work to be done, shall state that bids shall be opened July 5, 1984, at 10:00 A.M., Fire Station, 7801 Mitchell Road, Eden Prairie and considered by the Council at 7:30 P.M. on Tuesday, July 10, 1964, in the School Board Room, 8100 School Road, Eden Prairie. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 5, 1984. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk Q National Child Care CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA ORDINANCE NO. 32-84-PUD-5-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM DNE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS DF 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 DF THE•CITY DF 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 5-84- Neighborhood-Commercial District (hereinafter "PUD 5-84-Neighborhood-Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 4, 1980, entered into between Eden Prairie Real Estate Investment-Company and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's ( Agreement, dated as of , 1984, entered into between Eden Prairie Real Estate Investment Company ande City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 5-84-Neighborhood-Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 5-84-Neighborhood-Commercial is not in conflict with the goals of the Guide Plan of the City. 8. PUD 5-84-Neighborhood-Commercial 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 PUO 5-84-Neighborhood- Commercial, are justified by the design of the development described therein. D. PUD 5-84-Neighborhood-Commercial 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 Development 5-84-Neighborhood-Commercial 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. a 1 t Section 5. The proposal is hereby adopted and the land shall be, and 4 hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 5-84-Neighborhood-Commercial 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 1st day of May, 1984, 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 . 1 9 i i • Exhibit A LEGAL DESCRIPTION • Uutiut J, EARL EDI . ( Out lot 1<, LAKE EDEN. ' that. part of the North Half of the South Half of the Northwest Quarter of Section 23, Toon- ship 116, Range 22, described as foliovs: • Co:nnencing at the Northwest corner of the North Half of the South Half of the Northucst Quarter of said Section 23; thence South along the (lest line of said Nnrt.hvent Quarter to a paint which is 1595.4 feet South. of the • Northwest Quarter of said Section 23, said point being the point of beginning of the . tract of land to be described; thence at right angles to said Heat. line Enet a die- Lance of 194.58 feet; thence South. 150 feet to a point 04.14 feet distant from and at right angles to the said Hest Line of said Section; thence Hest 194.34 feel to said 1100 • line; thence North along said (li!st line to tie point of beginning. L\cepl the Ilc:;l 6U fs-ct thereof. LEGAL DESCRIPTION FOR REZONING: That part of Outlot J, LAKE EDEN, according to the recorded plat thereof described as follows: Beginning at the northeast corner of said Outlot J; thence on an assumed bearing of South 13 degrees 10 minutes 51• seconds West, along the east line of said Outlot J, a distance of 328.00 feet; thence North 76 degrees 49 minutes 09 seconds West a distance of 219.68 feet; thence Worth 18 degrees 29 minutes 46 seconds East a distance of 83.31 feet; thence northerly, a distance of 156.92 feet, along a tangential curve concave to the west having a radius of 472.45 feet and a central angle of 19 degrees 01 minutes 50 seconds; thence North 0 degrees 32 minutes 04 seconds West, tangent to said curve, a distance of 34.00 feet, to the north line of said Outlot J; thence easterly, along said north line to the point of beginning. FOR PRELIMINARY PLAT: Outlot J, Lake Eden. Outlot 1 K, take Eden. Including the followine: That part of the-North Half of the South Half of the Northwest Quarter of Section 23, Township 116, Range 22, described as follows: Commencing at the northwest corner of the North Half of the South Half of the Tlerthwest. Quarter of said Sec- ' tion 23; thence South along the West tine of said Northwest Quarter to •r a point which is 1595.4 feet South of the Northwest Quarter of said •i Section 23, said point being the point of beginning of the tract of land 4: to bo described; thence at right angle,. to said West line fast a dis- :ance-of 194.58 feet; thence south 150 feet to a point 194.34 feet dis- tant from and at right angles to the said West line of said Section; thence West 194.32 feet to said West line; thence North along said West line to the point of beginning. Except the West 60 feet thereof. 1 National Child Care DEVELOPER'S AGREEMENT • This Supplement to Developer's Agreement made and entered into as of this day of , 1984, by and between Eden Prairie Real Estate Investment Corporation, a Minnesota corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" and, WHEREAS, Owner and City entered into a developer's agreement dated November 4, 1980, for Anderson Lakes Parkway Neighborhood Schopping Center; and, WHEREAS, the parties desire to amend paid agreement; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement dated November 4, 1980, shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: "Owner shall develop the property in conformance with the revised material Staff-dated May 1, 1984, reviewed and approved as amended by the City Council on May 1, 1984, and attached hereto as Exhibit B, subject to such changes and modifications as provided ,herein." B. Paragraph la. shall be deleted; paragraph lb. shall be deleted; paragraph lc. shall be deleted; paragraph ld. shall be renumbered la. and revised to read as follows: "Owner shall contribute 520,000.00 for the design and installation of permanent signals at the intersection of U. 3 S. Highway #169 and Anderson Lakes Parkway, prior to building permit issuance on the property;" paragraph le. shall be renumbered lb.; and paragraph lf. shall be deleted. C. There shall be added paragraphs 4. - 11. as follows: • 4. Prior to release of the final plat by the City, Owner shall provide the bond required by Exhibit C, paragraph V.A. for all road and utility improvements on the balance of the property which the City Engineer, in his sole discretion, deems necessary. 5. Owner agrees to the construction of road, sewer, water, and storm drainage improvements from Anderson Lakes Parkway to the southern property line of the National Child Care Center (the legal description of which is found in Exhibit A, attached hereto and made a part hereof), which the City Engineer, in his sole discretion, deems necessary. 6. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto, and made a part hereof. 7. Prior to issuance of any building permit on the property, Owner shall submit to the City Engineer, and receive the City Engineer's approval of grading, drainage, slope stabilization, sewer, and water plans. Upon approval by the,City Engineer, Owner 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, attached hereto. 8. Prior to issuance of any building permit on the property, Owner shall submit to the Director of Planning, and receive the Director's approval of: a. Plans showing lighting details to include cut-off luminars. No glare shall be allowed off the site. Wall pack lighting shall not be utilized to light the back of the building. b. Detailed landscaping plan identifying plant material by type, quantity, size, and method of installation. Upon approval by the Director of Planning, Owner shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the Director of Planning. 9. Prior to issuance of any building permit on the property, Owner shall receive approval of grading, drainage, and slope stabilization plans from the Purgatory Creek Watershed District. 10. Owner shall notify the City and Watershed District 48 hours prior to grading or tree removal on the property. 1, • 11. Prior to any future rezoning or platting, Owner shall provide to the Director of Planning, and receive the Director's approval of, a design framework manual outlining provisions for common site planning, architecture, landscaping, screening, walkways, lighting, and signage for property other than the National Child Care Center site as described in Exhibit A. attached hereto. • • • iII • • National Child Care CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-125 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 32-84-PUD-5-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 32-84-PUD-5-84 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. 32-84-PUD-5-84, 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. 32-84-PUD-5-84 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. ehnzel, Mayor ATTEST: John D. Frane, City Clerk • National Child Care The following is the full text of the City of Eden Prairie Ordinance No. 32-84-PUD- 5-84, which was adopted and ordered published at a regular meeting giof the ng the text City .Council of the City of Eden Prairie on 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. 32-84-PUD-5-84 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 k removed from the Rural District and be placed in the Planned Unit Development 5-84- Neighborhood-Commercial District (hereinafter "PUD 5-84-Neighborhood-Commercial"). Section 3. The land shall be subject to the terms and conditions of i that certain Developer's Agreement dated as of November 4, 1980, entered into between Eden Prairie Real Estate Investment Company and the City of Eden Prairie :! (hereinafter "Developer's Agreement") and that 19certain nesupsupplement tetoet the nEDeveloper's r's Agreement, dated as of Real Estate Investment Company and the City of Eden Prairie (hereinafter "Supplemen conditionst")of�PUDh5-84-Neighborhood9Comnercialr,d and uare ehereby ment contain madea part hereof. } Section 4. The City Council hereby makes the following findings: A. PUD 5-84-Neighborhood-Commercial is not in conflict with the goals of the Guide Plan of the City. 8. PUD 5-84-Neighborhood-Commercial 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 5-84-Neighborhood- Comnercial, are justified by the design of the development described therein. D. PUD 5-R4-Neighborhood-Commercial 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. • s- - l Section 6. City Code Chapter 1 entitled "General Provisions and :finitions 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. 4 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of May, 1984, 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 • • • • • • • Sumnary of Supplement to Developer's Agreement: National Child Care ir Developer will develop the land as described in Exhibit A which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: . 1. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission to the City Engineer of a development Plan for the land. 3. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 4. Developer's warranty of title to the land. 5. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 6. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 10D% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 7. Payment of first three (3) years' street lighting, engineering review, and ( street signs costs. 8. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 9. Application of the Developer's Agreement to transferees of the land. 10. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 11. Notice to the City's cable franchise. 12. Applicable plans shall be those Staff-dated May 1, 1984. • 13. Payment of S20,000 for permanent signals at Highway_ #169 and Anderson Lakes Parkway. 14. Owner to commit to construction of street and utilities from Anderson Lakes Parkway to southern property line of National Child Care site. 15. Submission to Director of Planning of lighting and landscaping plans. Receipt of Director's approval of said plans. 16. Notification of City and Watershed District 48 hours prior to grading or tree removal on property. 17. Prior to future rezoning or platting, preparation of Design Framework Manual. Obtain approval of Director of Planning of said manual. • 11.19- . ¢ i irNOTICE: 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. John i Frane,Tty Clerk — Wolfgang H.Tezel, Mayor • • • • 3 Eden Prairie Technology Park CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 37-84 • 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 be placed in the I-2 Park 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 I-2 Park District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter, 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of `r that certain Developer's Agreement dated as of , entered into between Hoyt Development, a general partnership, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between William and Margaret Pierson, husband and wife, and the City of Eden Prairie, dated as of , which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of May, 1984, 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 O. Frane, City Clerk Wolfgang H. Penzel,b or - PUBLISHED in the Eden Prairie News on the day of . (0:3 Ixhibit A PPII1MINARY PLAT OF DLO PRAIRIE 1FCHNOLO'I 1'iiRl. fhnt part of the South Half of the Northeast Quarter of the Southeast Quarter end tho South Half of the Northwest Quarter of the Southeast Quarter, all in Suction 12, Township l;o North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at the southwest corner of the east 433.00 feet of said South Half of the Northeast Quarter of the Southeast Quarter; thence North 89 degrees 52 minutes 57 seconds West, assumed basis for bearings, 906.41 feet, along the south line of said South Half of iho Northeast Quarter of the Southeast Qt.arter to the southwest corner of said South Half of the Northeast Quarter of the Southeast Quarter; thence westerly 89.63 foot along a nontargontlal curve, concave to the north, radius 835.00 feet, central angle 6 degrees 09 minutes 01 seconds, the chord of said curve bears North 0 degrees 09 minutes 33 seconds West; thence westerly 272.21 fe.t along a reverse curve, concave to the south, radius 765.00 feel central angle 20 degrees 23 minutes 16 seconds; thence North 00 dr roes 07 minutes 03 seconds East, 566.37 feet to the north line of salt South Half of the Northwest Quarter of the Southeast Quarter; thence So th 89 degrees 24 minutes 01 seconds East, 330.56 feet, along said north line, to the northeast corner of said South Half of the Northwest Quarter of the Southeast Quarter; thence South 89 degrees 24 minutes 31 seconds East,'423.16 feet, along the north line of said South Half of the Northeast Quarter of the Southeast Quarter, to the west line o' the east 433.00 feet of said South Half of the Northeast Quarter kf the Southeast Quarter; thence on a bearing of SOUTH, 645.15 feet along said west line, to the point of beginning. ZONING FOR EVEN PRAIRIE TECHNOLOGY PARK That pert-of the Soutt Halt of the Northeast Quarter of the Southeast Quarter of Section 12, Township 116 North, Range 22 Writ, Hennepin County. Minnesota, described :s follows: Beginning at the southwest corner of the east 433.00 feet of said South Half of the Northeast Quarter of the Southeast Quarter; thence North 89 degrees 52 minute: 57 seconds West, assumed basis for bearings, f95.00 feet, along the sruth line of South Half of the Northeast Quarter of the Southeast Garter; thence North 00 degrees 07 minutes East, 652.67 feet, to tt i north line of said South Half of the Northeast Quarter of the Sottheast Quarter; thence South 89 degrees 24 minutes 01 seconds East, P+3.71 feet, along the north line of said South Half of the Worti•sast ('tarter of the Southeast Quarter, to the west line of '+ the east 435.00 felt of sale South half of the Northeast Quarter of the Southeast Quarter; thence on a bearing of South, 645.15 feet, along said west line, to the point of beginning. • • Eden Prairie Technology Park DEVELOPER'S AGREEMENT • THIS AGREEMENT, made and entered into as of 1984, by and between HOYT DEVELOPMENT, a Minnesota general partnership, 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 general review of plans for 84+ acres, including zoning from Rural to I-2 Park for approximately 12.5 acres, and preliminary plat of 18.2 acres for one industrial lot and one outlot, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said entire 84± acres hereinafter referred to as "the property;" • NOW, THEREFORE, in consideration of the City adopting Resolution #84-107, and Ordinance #37-84, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated March 12, 1984, reviewed and approved by the City Council on May 15, 1984, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. •'a 3. Prior to release by the City of the final plat, Developer shall: A. Submit to the City Engineer, and receive the City Engineer's approval of slope stabilization, sewer, water, and drainage 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, attached hereto. B. Obtain that portion of right-of-way for W. 76th Street, as depicted on Exhibit B attached hereto, and dedicate said right-of-way to the City as part of the final plat. 4. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of the following: A. Lighting and signage details. B. A detailed landscape plan, indicating size, type, quantity, and method of installation of all materials. Upon approval by the Director of Planning, Developer shall construct, or cause to be constructed, those improvements listed above in said plans as approved by the Director of Planning. 5. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 6. Developer agrees to the construction of road, sewer, water, and storm drainage improvements from existing W. 76th Street to the western property 0. line of Lot 1, which the City Engineer, in his sole discretion, deems necessary. 7. Prior to any future rezoning or platting of the property, Developer shall provide a Design Framework Manual outlining provisions for common site planning, architecture, landscaping, screening, walkways, lighting, and signage. Developer shall submit the Design Framework Manual to the Director of Planning, and receive the Director's approval thereof. E, 8. Upon any future request by Developer for rezoning and/or platting of any of the property Developer shall dedicate the right-of-way necessary for the future north-south collector street as depicted on Exhibit B. Developer agrees to be responsible for all costs associated with construction of this street, which is to be a standard 37-foot wide industrial street, and for all costs associated with construction of required utilities through said street. 9. Developer shall pay its proportionate share of costs incurred for the preparation of a traffic study with the City and owners of the property to the south. 1i'r.2C OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN HOYT DEVELOPMENT AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1984, by and between William and Margaret Pierson, 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 #84-107 for a preliminary plat approval and Ordinance #37-84 changing the zoning of the property owned by Owner from Rural to I-2 as more fully described in that certain i. Developer's Agreement entered into as of , 1984, by and between r i ' ,ioyt Development, and City, Owners agree with the City as follows: 1. If Hoyt Development fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. 14i11iam Pierson • Margaret son ( STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) 1i1.i1) • Eden Prairie Technology Park CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-128 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 37-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 37-84 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. 37-84, 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. 37-B4 shall be recorded in the ordinance book, along with proof of publication required by paragraph 8 herein, within 20 days after said publication. • ADOPTED by the City Council on , 1984. Wolfgang H. Penzel, Mayor ATTEST: . John D. Frane, City Clerk • Eden Prairie Technology Park The following is the full text of the City of Eden Prairie Ordinance No. 37-84, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 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. 37-84 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 GY 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 I-2 Park District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall he included hereafter in the I-2 Park District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Incir"ding Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain.Developer's Agreement dated as of , entered into between Hoyt Development, a general partnership, and the -City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between William and Margaret Pierson, husband and wife, and the City of Eden Prairie, dated as of _ , which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden . Prairie on the 15th day of May, 1984, 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 Hews on the _^ day of • • • 3 • • • Summary of Developer's Agreement: Eden Prairie Technology Park °r Developer will develop the land as described in Exhibit A which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: • 1. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission to the City Engineer of a development Plan for the land. 3. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 4. Developer's warranty of title to the land. 5. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 6. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 7. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 8. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 9. Application of the Developer's Agreement to transferees of the land. 10. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 11. Notice to the City's cable franchise. 12. Developer to obtain additional right-of-way for W. 76th Street and dedicate right-of-way to City. • 13. Submission of detailed lighting, signage, and landscaping plans to Director of Planning; construction of said plans per Director's approval. 14. Notification of the Watershed District and City 46 hours in advance of grading, tree removal, or tree cutting. 15. Developer to construct road, sewer, water, and storm drainage for W. 76th Street to western property line of Lot 1. 16. Prior to future rezoning or platting, Developer to prepare and receive approval of Design Framework Manual for the property. 17. Prior to future rezoning or platting, Developer to dedicate necessary right- • of-way for future north-south collector street and agree to be responsible for all costs associated with street and utility construction within said f" street. 'k 18. Developer to pay proportionate share of costs for traffic study. 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. John D. Frane, City Clerk Wolfgang H. Penzel, Mayor • Brock Residence Inn CITY OF EDEN PRAIRIE IHENNEPIN COUNTY, MINNESOTA • ORDINANCE NO. 38-84 AN ORDINANCE OF THE CITY OF EOEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE NO. 57-83 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 Ordinance No. 57-83 be amended as follows: Section 5. be deleted and reworded as follows: • "Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 27, 1983, entered into between Eden Prairie Hotel Company, a general partnership, and- the City of Eden Prairie, and that certain supplement to Developer's Agreement dated - , 1984, between Eden Prairie Hotel Company, a general partnership, and the City of Eden Prairie, which Agreement and Supplement are hereby made a part hereof:" 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 , 1984, 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 Clergy- Wolfgang H. Penzef, Mayor PUBLISHED in the Eden Prairie News on the _ day of ftV1 Revised 5-24-84 Exhibit A That part of the following described property: Tt". part of the Southeast Quarter of Section 11, Township 116, Range 22 lying Southerly of the center line of County Road No. 60, formerly County Road No. 66 and lying Northwesterly of the center line of • State Highway No. 169-212, formerly State Trunk Highway No. 5, as said center line is described in Book 1054 of Deeds, page 233,except that part thereof described as beginning at the Southeast corner of said Section 11; thence Northerly along the East line of said section (assumed to bear North 0 degrees 7 minutes 47 seconds East)a distance of 1368.42 feet; thence South 77 degrees 31 minutes 30 seconds West, 1078.72 feet; thence at a right angle Northerly 164 feet to the highway right-of-way line as described in Book 3660 of Mortgages, page 175, thence at a right angle Easterly along said right-of-way line 362.92 feet to a point of curve in said right-of-way line; thence Easterly along said right-of-way line, being a tangential curve to the left with a radius of 1745.36 feet, 362.33 feet to an angle point in said right-of- way line, said point being the actual point of beginning of the tract of land to be described; thence Southwesterly along last described curve 216.3 feet; thence North 51 degrees 34 minutes 52 seconds West, 138.97 feet; thence North 38 degrees 25 minutes 8 seconds East 130 feet; thence North 55 degrees 34 minutes 52 seconds West, 293.61 feet; thence South 38 degrees 25 minutes 8 seconds West, 226.42 feet; thence North 51 degrees 34 minutes 52 seconds West, 536.3 feet; thence North 38 degrees 25 minutes 8 seconds East, 313.97 feet to the Southerly line of County Road No. 60; thence Easterly along said Southerly line 51.26 feet to an intersection with the right-of-way line described in said Book 3660 of Mortgages, page 175; thence along said right-of-way line South 33 degrees 4 rninutes 4 seconds East, a distance of 118.98 feet to a point; thence Southeasterly along said right-of-way line to the actual point of beginning and except the right-of-way of U.S. Highway Number 494 as described in said Book 3660 of • Mortgages, page 175,in Book 2604 of Deeds, page 203,and in Book 63 of Hennepin County Records,page 3753705, all in office of Register of Deeds, Hennepin County, Minnesota; Also, except that part of the above described property embraced within the Plat of Bryant Lake Center, according to the Government Survey thereof. Tr._ \Vest boundary line of that part of the above premises lying between the center line of County Road No. 60 and the Northerly line of U.S. Highway Number 494 is marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject to a notice of lis pendens in condemnation proceedings by the State of Minnesota to acquire the right of access from the above described premises to Trunk Highway Number 494, and from parts of the • above described property to State Highway No. 169-212 and to County Road No. 60 as set forth in Book 3660 of Mortgages,page 175,Doc. No. 3659579; Subject to a limitation of right of access from the above described premises to Trunk Highway Number 494,formerly designated No. 393,acquired by the State of Minnesota in instrument of record in Book 2604 of Deeds,page 203,Doc. No. 3677302. Lying Southwesterly of the following described line: Commencing at the Southeast corner of said Section 11, thence Northerly along the East line of said Section 11 (assumed to bear North 0 degrees 7 minutes 47 seconds East) a distance of 1368.42 feet; thence South 77 degrees 31 minutes 30 seconds \Vest a distance of 715.80 feet; thence South 12 degrees 28 minutes 30 seconds East a distance of 100.00 feet to the Highway right-of-way line as described in Book 3660 of Mortgages,page 175; thence South 77 degrees 31 minutes 30 seconds \Vest a distance of 362.92 feet; thence South 58 degrees 53 minutes 01 seconds West a distance of 193.97 feet; thence South 77 degrees 31 minutes 30 seconds West a distance of 134.10 feet; thence Westerly along a tangential curve, concave to the South with a central angle of 1 degree 02 minutes 16 seconds, a radius of SO4.93 feet and a chord of 14.5S feet, a distance of 14.58 feet to the point of ( beginning of the line to be described; thence South 34 degrees 37 minutes 04 seconds East a distance of 212.38 feet to a point hereinafter referred to as"Point A"; thence continuing South 34 degrees 37 minutes 04 seconds East a distance of 20.00 feet; thence South 56 degrees 30 minutes 46 seconds West a distance of 71.52 feet; thence South 35 degrees 57 minutes 05 seconds East 131.00 feet to the north right-of-way line of State highway Number 5 as per Document Number 1414527 and said line thcrc terminating. • • ,I Brock Residence Inn (Revised) DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1984, by and between Eden Prairie Hotel Company, a General Partnership, Developer of the property as described in the developer's agreement between Eden Prairie Hotel Company, a general partnership, and the City of Eden Prairie, dated December 27, 1983, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, the parties desire to amend said agreement; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: { Owner shall develop the property in conformance with the revised material Staff-dated May 15, 1984, reviewed and approved as amended by the City Council on May 15, 1984, and attached hereto as Exhibit B, subject to such changes an iifications as provided herein. B. Paragraph 3. shall be deleted; Paragraph #4-shall be renumbered as Paragraph #3. • C. There shall be added paragraphs 4. - 11. as follows: • 4. Prior to issuance of any building permit on the property, Developer shall receive approval from the Board of Appeals for floor area ratio variance from 0.4 to D.43. 5. Prior to issuance of any building permit on the property, Developer shall provide a landscape plan for review by the Director of Planning, and receive the Director's approval • thereof. This shall include, but not be limited to, screening of all loading and parking areas from public view; i: I ��: • • plant materials throughout the site, which delineate the spaces between building clusters and provide plant materials of a size in scale with the buildings (evergreens in a range of 8-14 ft. in height and deciduous trees in a range of 3-6 inches in caliper); berms along Highway #169 and I-494, constructed at least three feet in height and Oupplemented with plant material. No evergreen tree on the property shall be less than six feet in height, and no overstory deciduous tree shall be less than 2-1/2 inches in caliper. 6. Prior to issuance of any building permit on the property, Developer shall provide final engineering plans to the City Engineer, and receive the City Engineer's approval thereof. Access for public sewer for the property shall be from sewer mains to be built east of the property and from no other location. 7. Developer shall provide parking as required by City Code on the property. 8. All accessory buildings, including trash storage structures, must meet accessory structure setbacks and be of a brick 1 material to match the balance of the buildings. 9. Access to the property shall be solely via the private road as depicted on Exhibit B, attached hereto. • 10. Developer shall obtain necessary permits from the Minnesota Department of Transportation for construction within the Highway #169 right-of-way. 11. Developer shall submit to the Director of Planning, and receive the Director's approval of signage plans and lighting plans, showing details of lighting and signage materials to be used. Developer shall also submit to the Director of Planning, and receive the Director's approval of an overall lighting and signage plan, indicating locations of all lighting and signage for the property. 2. Eden Prairie Hotel Company agrees to all of the terms and conditions and accepts the obligations of "Developer" under the Developer's Agreement, as amended and supplemented herein. C (i fif `. i WHEREFORE, the parties hereto have executed this Supplement to Developer's ucment the day and year first above written. i i CITY OF EDEN PRAIRIE E Wolfgang H. Penzel, Mayor • r Carl J.Jullie, City Manager STATE OF MINNESOTA) I )SS. i 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 municipal corporation, on behalf of the ( poration. Notary Public ) • i EDEN PRAIRIE HOTEL COMPANY Ken Nelson, Partner • STATE OF MINNESOTA) a )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged by me this day of 1984, by Ken Nelson, Partner, on behalf of the Eden Prairie Hotel ..parry, a general partnership. • Vol—tary-Public II/1I) • Brock Residence Inn ir CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-129 '1 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 38-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 38-84 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. 38-84, 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 he posted in the City Hall. 0. That Ordinance No. 38-84 shall be recorded in the ordinance book, along with proof of publication required by paragraph 8 herein, within 2D days after said publication. • ADOPTED by the City Council on , 1984. Wolfgang H. Penzel, Mayor • ATTEST: • John D. Fraee, City Clerk i' Brock Residence Inn (ihe following is the full text of the City of Eden Prairie Ordinance #38-84, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 1984. Following the text of the Ordinance, the Developer's Agreement, and supplement to the Developer's Agreement, . which are incorporated therein by this Ordinance, are summarized. CITY OF EDEN PRAIRIE t. HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE NO. 57-83 AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS 1 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. i Section 2. That Ordinance No. 57-B3 be amended as follows: " li 1 Section 5. be deleted and reworded as follows: "Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 27, 1983, entered into between Eden Prairie Hotel Company, a general partnership, and the City of Eden Prairie, and that certain supplement to • Developer's Agreement dated - , 1984, between Eden Prairie Hotel Company, a general partnership, and the City of Eden Prairie, which Agreement and Supplement are hereby made a part hereof." 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 , 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: olm D. Frane, City Clerk Wolfgang H. Penzel, Mayor 18LISHED in the Eden Prairie News on the day of . Sunsnary of Supplement to Developer's Agreement: Brock Residence Inn Developer will develop the land as described in Exhibit A which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission to the City Engineer of a development Plan for the land. 3. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 4. Developer's warranty of title to the land. 5. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 6. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 7. Payment of first three (3) years' street lighting, engineering review, and street signs costs. ( 8. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 9. Application of the Developer's Agreement to transferees of the land. 10. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 11. Notice to the City's cable franchise. 12. Developer to apply to Board of Appeals and receive Board's approval of variance for floor area ratio. 13. Provide detailed landscape plan for review by Director of Planning, and receive Director's approval of said plan. 14. Provide parking as required by Code. • 15. All accessory structures to meet accessory structure setbacks and be of brick material to match the balance of the buildings. 16. Access to property shall be solely via the private road. 17. Developer to obtain necessary permits from Minnesota Department of Transportation for construction within Highway #169 right-of-way. ILit{ O • • 18. Submit to Director of Planning, and receive Director's approval of signage and lighting plans. 19. Access for public sewer shall be from the east. 20. Developer accepts all terms and conditions and obligations of Developer • under Developer's Agreement of December 27, 1983, and Supplement to Developer's Agreement. 1 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. 1 ADOPTED by the Eden Prairie City Council on , 1984. 1 John D. Frane, City Clerk Wolfgang H. Penzel, Mayor 1 1 • 14 h) • • CITY OF EDEN PRAIRIE HENNE.PIN COMFY, MINNESOTA RESOLUTION V84-130 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE 18TH ADDITION, EDENVALE CORPORATION. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Fdo•nvale 18th Addition for Edenvale Corporation, dated March 5, 1984, consisting of 12.35 acres into 12 single family cluster lots and 17 single family lots, a copy of which is on file at. the City Nall, is found to be in confornance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amcndwnts r.hereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1984. Wolfgang H. Pemel, Mayor ATTEST: • John 0. Franc, City Clerk • • • . ( /, _ • ____._. ---- .6)-e' '' __.__._. _ - - c""--0,&-, ,-, -z.. ,i;'--.7&-6-./ ac•. 'ee a ..,,e.. -e-"xt..:--,. < :_eiA; ' e../Jec51,-.. (-, 0,,,er,:: r_c_46:,__,TAbg_e_e_ 4.-Q--- --- • - 10._}/17.7L5C-Zee--c-rtItt- _____ae-4/. (--').:) •73, E-,--x---:---' -!-_,. ..-..L___:(5.-e---e-6,,-s----.9-,,6-.): — 61--1 -1--t-ipe-,--,c ' _ a, r.f..5' ...p / -72,4--''(.:_'_'. C-1.511--;e7.--:".. e,,,, •-•"---Z-L-C-,1 ei' ._*&/-(0.,?-_ V , — t4')6.'1,4-, C,<571.,,-;ci2',1 ."' e...o. ac't:e6.::',..izt-e: • 4-2-Cylf;C-• ---e.e)7 1 a----= 1-c'e9 -t4;:- 4VIC-itP-C.-Z-s- if I(ad) Zi.e.e.c#(/' i a- -c:.47971--( L___,_ L)(-CY A/(Z- -(1,-,2 / 1-E:.: 2 i /9 1.e.t75,7.:).-kC 4: 7.-Zi/e .• • . „ 11.-it- . • STAFF REPORT (, • TO: Planning Commission FROt4: Michael D. Franzen, Senior Planner TUROUGU: Chris Eager, Director of Planning DATE: May 4, 1984 SUBJECT: Edenvale 18th Addition APPLICANT: A. I. I. Development REQUEST: Rezoning from Rural to R1-9.5 and Preliminary Plat of 3.15 acres into twelve single family cluster lots Background `` // The Comprehensive Guide Plan identi- I"in i p� {, Y fies the low density land use for i�i^C 1 �'`Ls this site and surrounding land uses. �;.e1 en. �;.; This site is part of a 1970 Edenvale ' 7 `_' "' :Z Planned Unit Development, which identified a Medium Density Resides- "7-- 2 ..::;::.1. • tial land use for this site for up to 6.5 units Firm acre. The site is i-' ��� i �� z located at the intersection of f' Edenvale Boulevard and Birch Island ] ��-!i'i _---_.:-:� e ; Road. Birch Island Road is a gravel PROPOSED SIT , � -"n^- � road at. this time. . r-;Y,,..y •� r.• t�,--^•ti� - The site is relatively level, 'gently b;, , "/ /�/ ....) \- Iiit' t sloping from a high point in the me j:r` , .it" 1 southwest corner of the site towards ' '''-• a;;L`is ` `t s',%. 1`S.S` si the north and northeast. There is \/ . 1\\4s`' no existing significant natural �. , vegetation on this site. k ' - G\,) ��• : ; r),1�aka` 4' The proponent is requesting a .\sc?> ,,r,; �,,.,.�, ii rezoning from Rural to R1-9.5 and a ` l7 t ',`>j t c -cZ?r-- 4 preliminary plat. of 3.15 acres into 11 3��, (-. Z(,t ,.){r f • twelve single family cluster lots at � Z ��TT , • �l< ` a density of 3.31 units per acre. � y, ,; t iMax Wirt density in the R1-9.5 ;w. 1.4t./.... .1- t; I r �" •J:'1 • i�� �, k, : 1 t district. is 3.5 units per acre. The it site is dividad into three four-unit '' `.<<:� .;.. ?ate., w.'",,N\-- ? J. clusters, which have driveway access �,,, �,.rt, to a cul-de-sac oif Edenvale 1— ..1 a r Boulevard. aJG.. r.; . it Pi' _ 1 S. • Edenvale 18th Addition 2 May 4, 1984 • ite Plan • The site plan shows a cluster unit arrangement similar to layouts of the Westover and Apple Groves projects previously reviewed by the Planning Commnission, There are several fundamental differences in concept between this cluster arrangement and other projects. The Westover and Apple Groves projects utilize a very limited • number of unit types architecturally integrated with common exterior materials • within a limited color spectrum. The approach to "cluster" single family • • development is architecturally similar to a townhouse project. Site elements including fencing, decking, and landscaping were included to reinforce the • architectural unity, which is fundamental to the success of the cluster home • concept. The Edenvale 18th cluster home concept proposes up to thirteen different unit types on this site, without architectural controls, common landscaping, and other site elements that can visually tie a project together. There are two alternative ways of looking at land uses for this site: First, the • plans could be returned to the proponent for revisions, including a limited number of unit types, common architectural treatments of buildings, and other site features • such as fencing, decking, and landscaping. Second, the plans could be revised to . reflect R1-9.5 zoning with unit types keyed to an overall development plan similar • to the Edenvale 19th Addition proposal. Staff has discussed both alternatives with the proponent and presented a conceptual alternative for consideration. The proponent has since revised the preliminary plat to reflect R1-9.5 zoning. The revised plat has ten lots and a density of 3.17 units per acre. .tilities Sewer and water service can be provided to this site by connection to existing sewer and water mains in Edenvale Boulevard. • Minimal site grading is proposed on this • site, with the storm water run-off sheet draining across this site towards the cul-de-sac, Edenvale Boulevard, and Birch Island Drive. From those points, water will collect within catch basins as part of the City's storm drainage system in Edenvale Boulevard. Parks/Pedestrian Systems There are three City parks within a mile of the project site, including Birch Island Park, Forest Hills Park, and Edenvale Park. There is an existing eight-foot wide bituminous bikeway along the north side of Edenvale Boulevard. RECOW NDATIONS The Planning Staff recommends the following alternative courses of action for the Planning Cisrmission: 1. The Planning Commission could recommend approval of the request for rezoning i from Rural to R1-9.5 and Preliminary Plat, subject to the following: i ( Prior to Final Plat, proponent shall: a A. Receive approval by the Watershed District for drainage, 1 storm water run-off and erosion control plans. ilf G • Edenvale lath Addition 3 May 4, 1964 B. Submit detailed grading, drainage, erosion control, storm water runoff, sewer and water plans for review by the City Engineer. 2. The Planning Commission could recommend continuance of this item and return the development plan to the proponent for revisions based upon recomnendations as outlined in the Staff report. 3. Planning Commission could recommend denial of the request for rezoning and Preliminary Plat since the cluster concept is inappropriate without strict architectural controls, common site elements such as decking and fencing, and common landscape architectural treatments. • • • • • it� • . , Planning Cu; Minutes 3 May 7, 14 ( . . • . ''. I i . I 1 i 1 1 i 1 • • a 1 . . ( . . • • . . • ' . • 6. EOF.NVA1.F. rill AND lgTit 11111-Int1S, by Vdonvale Corporation. Requost - : for i_oning District Coo - from Rur11 Lo 111-9.5, with variancs, ( (1'01oro the iimd or Anc.:0'.;), for 12.:-..5 acres and Preliminary Plat ot 12.35 acres into 1? sio(jlo fa:lily clustor lots and 17 single faliily lots. Location: F.:Iowa-Iv Roulvvard at Itoodiand and Birrh Island tirivos. A public hariq. It was the decision of the Coasission io handle vc.h of Lilo additions as , 11(30 1 • • • • Planning Curmissic:u Minutes 4 May 7, 1934 • • separate items, with separate hearings and motions. • Edcnvale 111t:h • Chairman Beaman asked that the letter received from Joan F. Ryder, 6819 tloadhill Trail, and another letter from Chip and Barbara Hanback, Bob and JoAnne Schwartz, John and Jennie tiostrom, and John and Lynn Scott, all residents of Hickory Court backing up to the 19th Addition, be accepted and made a part of the record of the minutes of this meeting regarding these two items. • • Mr. Jack Lynch, Westwood Planning and Engineering, presented the site • characteristics and features of the proposed development. Planner Franzen reviewed the findings and recommendations of the Staff Report of May 4, 1934, pointing out that the project had originally been • proposed for cluster development of single family homes. He stated that, alter discussions with proponent, the plan had been revised from twelve cluster units down to ten single family R1-9.5 lots. • Torjeson asked why the proponent was requesting R1-9.5 zoning instead of larger single family lots, perhaps R1-13.5 lots. Staff responded that the project proposed did meet the intent of the original Planned Unit Uevelopia:nt, which showed this area as multiple residential, and which had • been originally proposed for residential multiple units at 6,500 square feet per unit. • Johannes expressed concern for the amount of traffic that would be introduced onto Edcnvale Boulevard. He asked Staff what the capacity of Edcnvale Boulevard would he at that point along its frontage. Staff responded that Edenvalc'Boulovard would he capable of handling 9,000 trips per day at this point. The City was in the process at this time of obtaining. proper crossing of the railroad tracks in this vicinity, which would open fdnr•vale Boulevard to the north. The completion of this project was cen'tc;.plated within several months. Planner Enger pointed out that the • traffic c<pacity for Edcnvale Boulevard had been based upon the more dense plan showing multiple residential for this area, which had been originally approved as part of the Ed;nvale overall Planned Unit; Development. Until • the railroad crossing was finalized, Staff pointed out that the only route out of this area of the City would have boon south to Valley View Road then on to other major roads. The opening of the northerly route would greatly alleviate traffic in this vicinity. • Johannes asked tf there would be a problem created by allowing access of • Street "A" within the taicnvale Beth Addition to Cdrnvale iteulevard, as well • • as allowing access to Birch Tsland ituacl. Staff responded that the majority of traffic uc'.ti I l ikrly ure f donva lr r,oulcvarl, as opposed to using Rirch f 1sl n 1 Road, due to t.hc i'rc f erred decoan paint at C lenvale k iuluvard and the i•m t that Pitch lslan:( Road was curron;.ly a cocci street. !fill 1! al.';ocl if Rirch 1 .lent f;:`,i ! ,caul i 1'.ill lie ri ctt•d most to conmcet. • rr.pclat,l ihai it m6ol,i, hn;a.•vcr, thorn tort in plow. for iiaviny Iii. ,;ravol srct.ian al road ai. this Licit. iI Planning Corrnission Minutes 5 May 7, 1984 • Chairman Beaman asked for cou:vents and questions from members of the audience. There were none. MOTION 1: Motion was made by Gartner, seconded by Schuck, to close the public hearing. Motion carried-6-0-0 { MOTION 2: • Motion ryas made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request for Zoning District Change from Rural to Rl- 9.5 for Edemvale 18th Addition for 3.15 acres, based on plans dated May 3, 1984, subject to the recommendations of the Staff Report dated May 4, 1984. Motion carried--5-0-0 MOTION 3: Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request for Preliminary Plat of 3.15 acres for ten lots for Edenvale 18th Addition, based on plans dated May 3, 1984, subject to the recommendations of the Staff Report dated May 4, 1984. • Motion carried-6-0-0 • APPROVED MINUTES , EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION May 21, 1984 C. Edenvale 1Rth & 19th Refer to Staff Reports dated May 4, 1984 from Michael Franzen, Senior • Planner and Chris Enger, Director of Planning. • Lambert showed maps of the proposed site areas of Edenvale 18th and • 19th. . MOTION_ Schwartz moved to recommend approval of Edenvale 18th as per the Staff Report. Kingrey seconded the motion and it carried • unanimously. • Lambert said that residents are concerned about the removal of trees on the Edenvale 19th site. The developer does not have a sensitive . grading plan and wants to grade back to the property line. Lambert commented that one large oak tree has to be removed for water and sewer lines. He added that he feels the developer should look at the grading plan and retain as many trees as possible. Lambert recommended approval of the Edenvale 19th site per staff report, but • asking the developer to revise the g ceding plan. • Kingrey asked if the city can take any action against the developer for removing trees. Lambert replied that nothing can be done unless .at least 10% of vegetation is removed. MOTION: A motion was made by Kingrey to recommend to the Council that a tree inventory be completed on the Edenvale 19th site and that for every tree that is removed, the developer must replace with another tree. Breitenstein seconded the motion and it carried unanimously. CITY or EDEN PRAIRIE HENINEP1N COUNTY, MINNESOTA ILT RESOLUTION ,#84-131 • RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE 19TH ADDITION, EDENVALE CORPORATION. • BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Edenvale 19th Addition for Edenvale Corporation, dated March 5, 1984, consisting of 12.35 acres into 12 single family cluster lots and 17 single family 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 er5fldments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1984. • Wolfgang H. Penzel, Mayor ATTEST: • John D. crane, City Clerk • 1+04- - c • To: Eden Prairie Planning Commission ( . Subject: Edenvale 19th Addition `r' 0. As homeowners on Hickory Ct.. whose lots abut the • property involved in the proposed zoning district change for f Edenvale 19th addition, we forward the following concerns and 1. suggested revisions to this proposal. 1. FOREST - The proposed development has a street • t extending from Woodland Drive to Edenvale Blvd. that puts lots numbered 6 thru 11 in the only forested area remaining north of y Hickory Ct. The homes to be built on these lots would cause the removal of much of the present forest and potentially kill or cause removal of the major oak trees standing there. 2. DENSITY - The proposed development also has a minimum lot size of 9500 square feet with lot widths on rectangular lots as small as 55 feet. We understand these lots will support homes in the 80 to 115 thousand dollar market range. Existing homes on Hickory Ct. have market values in the 175 to 220 thousand dollar range creating a disparity in adjoining lots of aproximatly 50% i of the present market value. We suggest the proposed development be amended by the 1 Planning Commission such that: i 1. Street "A" is moved north so as to provide lots that, after construction, preserve the strip of oak forest providing i habitat for much wildlife in our area and helping to absorb t noise from the C&NW railroad which permeates our area when trains pass through. • i 2. Minimum lot sizes in the proposed development be it increased to 11,500 square feet with 80 foot frontages on rectangular lots. This will ensure continuity between the homes and values of established residences on Hickory Ct. and the proposed homes and values in Edenvale 19th addition. 'In summary we feel the plans as amended would insure that those of us who have invested in our homes and the community wi.11 have a pleasant forest for both present and future residents 4 to enjoy along with the the deer and other animals that frequent this area creating the environment that brought us all to Eden 1 Prairie. 1 Chip and Barbara Hanback John and Jonnie Mostrom 14892 Hickory Ct. 14902 Hickory Ct. Bob and JoAnn Schwartz John and Lynn Scott 14882 Hickory Ct. 14872 Hickory Ct. I I'I • MlplcTAiItl@1 91: Bob Lambert, Direc.t.or of Community Services Chris Eager, City Plannerv' 1 / . FROM: Stuart A. Fox, City Forester5� • DATh: May 21, 1984 SUBJECT: Trees on.hdcnvale 9th end 19th Addition On Wednesday, May 16, 1984, I met John Lassen to discuss trees in two proposed additions by Equitable. Life Assurance Society, 71ae exact reason for the meeting was never outlined, but the•discussion centered on tree removal in conjunction with the development of Edenvale 9th and 19th Additions. EDENVALE19th ADDITION • tlac first area visited was the 19th Addition at which location Mr. Lassen wanted me to see which trees were to he removed during construction of Street"A". He pointed out several survey stakes which indicated the buck of the proposed curb.. From these stakes it was estimated that several trees would bexemoved, these included - 3 (three) 6-7" aspen, 2 (two) 8-10" hoxclder, and 4 limbs needed to be trimmed from a 20" oak tree. • I asked Mr. Lassen how the site would be graded and be answered that he was only proposing grading of the roadway and utility easements right now. The grading of • the lots would he done on an individual basis as they were sold and home construction was started. • Ile indicated to me that hb had not done a complete tree inventory of the site be- • cause he was only going to remove trees in conjunction with the road construction. I revisited the site on Friday to examine how the proposed road grade would affect . • trees on lots 9, 10, and 11 of block 1. It appears that with the proposed elevation of 949 to 950 for the street that major grading of these three lots may result in the loss of several trees when the lots are graded/developed. These lots are fairly heavily wooded in the southern half, trees range in size from 1" to 26" and the . species include aspen, cherry, ironwood, elm, white and red oaks. How many can be saved will depend on,the elevation and style of homes placed on these lots. rorNVA1,E 9th ADDITION We took a drive through ldenvale 9th and 1 expressed concern over the fact that many oak trees had already been cut down prior to project approval. Mr. Lassen showed • me a plan indicating proposed cuts and fills for the project. From this plan it was indicated that the ntajncit.y of oaks would be removed due to grade changes, and since he had completed a tree .inventory several of the oak trees scheduled for re- mu:"aI, because of grade changes, had been removed. 1 was unable to determine the accuracy of Mr. lasseu's tree survey in respect to tree diameters or location durint: time :,leort time I was with him. • • I F. STAFF REPORT TO: Planning Cor,missinn FROM: Michael D. Franzen, Senior Planner 1 1-DRD001h Chris Fnger, Director of Planning DATE: May 4, 1984 SUBJECT: Edenvale 19th Addition i APPLICAO/ Equitable. Life Insurance Company OW ULR: J REQUEST: Zoning District Change from Rural to R1-9.5 and Preliminary Plat of 9.20 acres into 17 single family lots. y Background f The Comprehensive Guide Plan identifies i 1 ��. .c '''° ` a low density residential land use for it v j _ - , this site for up to 2.5 units per acre. ``i l ; '-\_J ,�.``� -J)fl t This site is part of a 1970 Edenvale 's. t� +` • • j .,• :�� �,f Planned Unit Development, which cnvi- „:-- p;2' sierra i•iedium Density land uses for ,, 1__ f (' this site for up to 6.5 units per acre. ` /i'k ,\ Surrounding land uses are primarily Low - `t(6/< X >. , Density Residential to the south and , ,,i,`Y J, '- east of the site with Medium Density s > , \� "� FP and Lou Density Residential land uses 1i f to the north. PROPOSED I i LS 1),-c\,�; W�,; The site is relatively level adjacent il . '� ` ' '.� . ,r ,, to Edenvale Boulevard and slopes ly� A �,:./+ \ E_,;,- l�l, dramatically towards low areas along ��/� �� �0.. ! o��O ?' 1/I the eastern most border of the project ,,yi;.\`\ /� /r 1 area. There are some areas of <'�p Jul , T y� lrt1, �� 1 significant: natural vegetation con- >\_ l /f 4, siSting of primarily oak. ltuch of ` ;✓ t, 1 • l these forested areas will remain fl .ra' 1/ `I i/ 1 undisturttc: with only a few trees which ! 1 �+ \'1 j' J , ' 1. I uray be removed as part of the overall I Ii�t ly -. `.-;: c _ (. if grading plan. ( ��r�� �� /�� t' r . �r Site Plan ,• s .: ' , - 1/ [\ ,I., -,--.7.:.,,:_/. .1.3i f v iizI 'HQavoral1 d n,ity of the site based { x 0 ,• \ upon 9,;. l(It.: Of 1Jntl iti 1.85 Un1tS per arrr. ft c n,inim:tit lot area is rA r, A ck-,z P. ."'r..?'" r t9 . g,l;oo `,quart IeH wi Ii nn wrenii t � 'l6 . i� 1 J , ; .. t•V b�ua4��-:: ,rr.r Lit r ( o'' 1,''00 s,Inu•e tcot.• + I. 7-7` .v s �\',`;.,`t ( +�N ' Stt=••1. iron) v,trir', cunid rabf.)' I " " 1 ,'\ Ue i I,(•,7 • • • Edenvale lgth Addition 2 May 4, 1904 • from 55 feet to 145 feet, with the majority of the lot frontages in excess of 65 feet. The proponent has provided thirteen specific unit types which arc possible throughout this subdivision and has keyed each individual lot as to the particular • type of unit which would not be possible. The most restrictive lots would he the 55 • foot frontage Lots 2 and 3, Block 2, where only seven unit types will be possible. For the remainder of the lots in the subdivision, anywhere from eleven to thirteen unit types will be possible. Considering the relatively small size of the project • and the number of unit types available, Staff feels that a variety of unit types and • facades will be possible. All lots meet minimum square footage and dimensional requirements for :11-9.5 zoning. Utilities • Sewer and water service can be provided to this site by connection to existing water and sewer lines within Edenvale Bouldevard. • Minimal site grading will occur on this site. Storm water run-off will flow through a series of catch basins located in Street A, or sheet drain naturally overland following the natural contours of the land, to a lowland ponding area in the northeast corner of the site. • Parks/Pedestrian Systems ( There are three park areas within a mile of this site. Birch Island Park, Forest • . Hills Park, and Edenvale Park. In addition, there is an eight-foot wide bituminous bikeway along the north side of Edenvale Boulevard, which provides for access to Edenvale Park. Pedestrian access from Edenvale Boulevard to Birch Island Park and • Forest Hills Park has been identified in the City's overall bike/pedestrian system master plan. STAFF RECOMMENDATIONS • 1 Staff is prepared to recommend approval of the request for rezoning from Rural to R1-9.5 and Preliminary Plat of 9.20 acres provided: 1. Prior to Final Plat, proponent shall: i A. Receive approval of the grading, drainage, and erosion control plans by the Watershed District. B. Submit detailed grading, drainage, sewer, water, and storm water. ?1 run-off plans to the City Engineer for review. r 2. Prior to Building permit issuance proponent shall: A. Notify the Watershed District and City at least 48 hours prior to 111 grading. 1 ( C i 1 . E ti t I Edenvale 19th Mr. 'Jack lynch, Westwood Planning and Engineering, reviewed the site features and characteristics of the proposed development with the Planning Commission. Planner Franzen reviewed the findings and recommendations of the staff report of May 4, 1984. Chairman Bearman asked if the request for a stop sign, made by Ms. Ryder, in her letter to the Planning Commission, could be forwarded to the City Engineer. Staff responded that they would do so, and that it would be the Engineer's final determination as to whether a stop sign would be necessary at this location. Torjescn asked if proponents had prepared a tree inventory of significant trees to be lo;t or destroyed with construction. Staff had responded that one had not heon prepared, but that it could be done prior to Council, if that w a:: i he wish of the Planning Corr:ails ion. ,loheunrs e Lod for Lhe location of trails within the vicinity. Planner Iran.!en stied Chit it we Staff's opinion that trails were not needed wilhio the project; hn i rer, a trail did eatst along the north side of Idenvale roolev,n'd iii this, location. Tory ;un f.tated that it appeared as it all of tots 1(i and 11, and a portion of Lot 9, would bra cum plelely graded, which would eliminate many of the Planning Commission Minutes 6 May 7, 1984 trees in this vicinity. He stated that he felt a tree inventory would be necessary, and perhaps a change in the grading plan made, before final • • approval could be given for these three lots, in particular. Staff responded that they agreed that an adjustment in the grading plan could make • a significant difference in the amount of trees that would be saved in this vicinity. • Schuck asked what the price range of the units would be for this development. Mr. John Lassen, Equitable Life Insurance Company, responded that the homes would range between 1,200-1,600 square feet per house with a • • price range of 090,000 to $150,000 each. Mr. Chip Hanhack, 14892 Hickory Court, stated that he was concerned about the removal of trees in this vicinity. He stated that the tree cover in • this location would he the only transition from the proposed project to • their hones, which were located directly south of the area shown for Lots 8 through 11. He added that the homes on Hickory Court range between $160,000 to S220,000 in price, and questioned the impact of lower price homes upon the value of their own existing proerties. Mr. Jack Bergland, stated he was building a home currently on Hickory Court, and expressed concern for the amount of traffic which would be present upon • Edenvele Boulevard in this area. He stated he was concerned because of the condition of Edenvale Boulevard in this vicinity. Staff responded that this area of Edenvale Boulevard was susceptible to frost heaving, due to poor soils within the road base. Mr. Bergland also questioned the compatibility • of the proposed development along with the existing development along ,t Hickory Court. Staff responded that this area had been shown for multiple residential development within the original Planned Unit Development for Edenvale, and that, in Staff's review of the project, such matters as the fact that proponents were showing four lots abutting the existing four lots along Hickory Court had been determining factors as to the compatibility of .• the two developments. Mr. Bergland also added that he was concerned about the loss of trees proposed by this development. :j Mr. Lynch discussed Carry arisons between the existing 1•loodhill Addition, to the south, and the proposed development of Edenvale 19th. He pointed out that the setback requiremnts within the R1-9.5 zoning district allowed developers to build a larger house than would he possible in the R1-13.5 zoning district, which was the ;:aning district of the hoodhill DCvelopLaent to the south. ii2 also pointed that the average size of the lots within the Edenvale 19th Addition was larger than the average lot size within the Wnodhill Addition. Mr. Jolla Nostrum, 1490? tliel.ery Court_ expressed concern about the removal t of treos. He si.lted that eteral or the n ighbots had reviewed the site ovrr illy %.. nc! ell hind th .tr.intd that 1...are thin a f;;r of the 5:i9nii ie,titt i tree, c-u this prep^rty would he re .ov+:•,t by street and house development. tir. t esttea dud t:r. il,obnck pointed out these trots to the Ccsiwussion. {4 I'r. Gol,r•rl. `rhwa l/, 14?:r,'. Ilir o!'y Court. asked if thn developer would be laiiIIin.i spa.: 0: lots, or if lh.c I,,K would btu :.(tld to another tntlltie, i kr. Richard lhgplt:, Awrican t)rea,n Ho.vs, rc::.paraded that he would be ,not . ;t t i Planning Commission Minutes 7 May 7, 1984 4( intending to purchase the lots from the proponents and would be building homes similar to those under construction in another part of the City. He stated that his model hose was located at 69.85 Hallmark Drive. Mr. Schwartz • also asked what the intentions of the proponent were for the property • adjacent to tdeuvole 19th Addition to the cast along the railroad tracks. . Mr. Lassen responded that they were currently working with the railroad to determine a proper crossing point in order to allot for suitable ingress and • egress to this property. At such time as the access would he determined, proponents again would appear before the Planning Contnission with a proposal i for multiple or single family residential development, depending on the best suited use for this site. Mr. Schwartz asked what price range of the • proposed American Dream iloes would be for these two developments. Mr. Hupple responded that they would range between $90,000 and $150,000 per unit. • Torjeson reiterated concern for the potential loss of trees in this project. Mr. Lassen responded that they would be willing to' replace trees on the site, if that were the Commission's desire. Torjeson stated that he would prefer an opportunity to review a tree inventory and a possible change in the grading plan prior to action on the site. Staff pointed out that a revised grading plan, which would include relocation to Street "A" further to the northeast, may result in the loss of more than one lot for this project. Hallett stated that he was comfortable with a Staff review of the tree inventory, and, if it was Staff's determination that the Planning Commission should review the site again, then it should be brought back to the Commission. However, if the tree inventory and any potential revised grading plans were adequate, the item should be forwarded to the Council for final action: MOTION 1: : Motion was made by Torjeson, seconded by Gartner, to continue the public u i hearing, pending submittal of a tree inventory for the site, and, possibly a 1. revised grading plan, based on the tree inventory. t 1 Motion failed-3-3-0 (Chairman Dearman, Torjesen, and Gartner in favor; ) Johannes, Hallett, and Schuck, against) r 'y. HOT I 0;1 2: Motion was made by Hallett, seconded by Johannes, to close the public hearing. . Motion carried--S-1-0 (Torjeson against) {{ Hat ire w,s ode by Hallett, r.econd..1 by .1,-1 r c•��, +au r .., to re,-ersr.:mml to the City i lonerlb ,r;yrrrvai .'+ lh.r vr•riu,'st for to.rin'i iri':Lricl- CA.;a.p• from Gur,rl to Ill- d 9.1, for l i lets rpn 9.;0 .rc,,:. fOr 11,•eva I.' l'!i h i;d i i l Turn, 1pase-pI on 1p int% daIed H,erh 5, i' Hi, en! i<•c.t. to t.h. 'cram.!•n,l.:l ion. „f th, a.ai i- !'-port 1. ated . ..y ,i, I'• , with the follo.:irttt ad!.-Hl (.0whliron: "i'rupun ont small i nil) 1 Planning Commission Minutes 8 May 7, 1984 • Ar- submit a tree inventory, indicating trees to he lost or damaged during construction. Based on the inventory, an amended grading plan may be • required for preservation of' trees on the site. Should it be Staff's opinion that additional review is required by the Planning Commission based on the tree inventory, the item shall be returned to the Commission for further review." Motion carried--5-1-0 (Gartner against) MOTION 3: Move to recommend to the City Council approval of the request for Preliminary Plat of Edenvale 19th Addition for 17 lots on 9.20 acres, based on plans dated March 5, 1934, subject to the recommendations of the Staff Report dated May 4, 1934, with the following added condition: "Proponent shall submit a tree inventory, indicating trees to be lost or damaged during construction. Based on the inventory, an amended grading plan may be required for preservation of trees on the site. Should it be Staff's opinion that additional review is required by the Planning Commission based on• the tree inventory, the item shall be returned to the Commission for further review." Motion carried--5-1-0 (Gartner against) • APPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION May 21, 1984 • • C. Edenvale 18th & 19th Refer to Staff Reports dated May 4, 1984 from Michael Franzen, Senior Planner and Chris Enger, Director of Planning. • Lambert showed maps of the proposed site areas of Edenvale 18th and 19th. r. • MOTION: Schwartz moved to recommend approval of Edenvale 18th as per • the Staff Report. Kingrey seconded the motion and it carried unanimously. Lambert said that residents are concerned about the removal of trees on the Edenvale 19th site. The developer does not have a sensitive grading plan and wants to grade back to the property line. Lambert commented that one large oak tree has to be removed for water and sewer lines. He added that he feels the developer should look at the grading plan and retain as many trees as possible. Lambert recommended approval of the Edenvale 19th site per staff report, but asking the developer to revise the grading plan. • • C Kingrey asked if the city can take any action against the developer for removing trees. Lambert replied that nothing can be done unless at least 10% of vegetation is removed. • MOTION: A motion was made by Kingrey to recommend to the Council that - a tree inventory be completed on the Edenvale 19th site and that for •every tree that is removed, the developer must replace with another tree. Breitenstein seconded the motion and it carried unanimously. • • CITY CIF FMN PRAIRIE Hi:(i:'PIG COIIHIY, MINN SOTA RESOLUTION C84-133 RESOLUTION APPIO)VlEO TiiC PRLLIMltJ0Y PLAT OF PIDOEWOOD WEST 4TH, BY CENTEX. �. Council I1 RESOLVED, by th,. E.dc:n I i airie City Coi n,:il as follows: That the prcliLdinary plat of Ridgewood West 4th, by Centex, dated April 6, 1984, consisting of 8.85 acres into 30 lots, a copy of which is on file at the City Hall, is found to he in conferTarice with the provisions of the Eden Prairie Zoning and Platting ordir•ances, and a:acndcionts thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1984. Wolfgang-H. enzel, Mayor 1. • ATTEST: John D. Frain, City Clerk STAFF REPORT . TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning • DATE: May 11, 1984 PROJECT: Ridgewood West IV APPLICANT/ Centex Homes Midwest, Inc. FEE--OR: REQUEST: Planned Unit Development District Review of 64.0 acres, Zoning District Change from R1-13.5 to R1-9.5 and Preliminary Plat of 8.85 acres into 30 lots Background This site is part of the original 'M N1Ph' FtM-2.5 E;;, ,✓ 1978 88-acre Ridgewood West single I tcA,, ,•r , .,1 pUD family development zoned and platted - i -a 2sr,n—�;:� ,ti ' 72,2 for 176 R1-13.5 lots. The original 1 Planned Unit Development was amended ' �{,''~ in 1982-83 for 64 acres, involving .-r,!',i_',7; -41.4'. 168 small single family and cluster ""� '�"" I' • ' lots and 168 condominium units (II-, Puo p� �„ 12-, and 16-unit manor homes). The 80.9 1/4, 1982-83 Planned Unit Development ' identified this 8.8-acre site for 30 .,,, ,,. -- ,,,e„V ,, small single family and cluster ""[I' �1,,' , F� r - ; lots. The proponent is requesting a --{t�1r , cK / �0-, ::. 4'S zoning change from R1-13.5 to R1-9.5 t , 1 .••�j �' to allow smaller lots with vari- � • t"`°"Y\ ,�>-,', .:,,,,,, i •�/'' antes, including minimum lot size, \ 5� � ( C� , '`fr, a.° minimum lot width and depth, maximum k i �} ;, y` density of 2.5 units per acre to �ti .:..rilla�r_1 • `1 3.75 units per acre, front, side, ' " _ .?' 1 >i= 1, and rear yard setbacks, and lot ,� �\ ' frontage on a public street. Itjj��� , ' ,f An Environmental Assessment Work- I. c•.- -1-'4-. ,A, `+ sheet was prepared for this project PPOFTM7I) SITE { ( \�, _;�� .. Y `, area as part of the Ridgewood West � �"=�----�� - , I --~�,—�/ II Addition in which there was a ,�/�.�.,,_,`_ , j / finding of no significant impact. / ';•,. The land use and density is A "a consistent with the original Planned Yr� 1 F '� A':''''":"•-r\ nn n p Unit De:+elopm nt submittal and an amended Environmental Assessment • ,,, \ Worksheet will not be necessary. =• i 11. 3 Ridgewood West 4th 2 May 11, 1984 Site Plan Centex's philosophy in cluster homes 'and single family detached homes on smaller lots is characterized by several design components including: 1. Each home is specifically placed on each site, promoting privacy and encouraging planned views from the unit. 2. Architectural controls are established providing for a variety of facades, styles, floor plans, yet maintaining a design consistency throughout the • development. 3. Complimentary landscape design for the entire project to provide a consistent and established look to the development maintained by a Homeowner's Association. Ridgewood West IV is consistent with the 1982-83 Ridgewood West II Planned Unit Development with one minor exception. Although the total number of units on 8.8 acres remains the same at 30, the original Planned Unit Development identified 4 cluster areas. Ridgewood West IV has three cluster areas. Lots 19, 20, 21, and 22 of Block 1, originally identified as a cluster area, have been changed to traditional, but smaller, single family lots. The.proponent has not identified particular unit types on individual lots. Staff expects that a limited number of unit types and facade treatments will be planned to be consistent with existing 1 single family and cluster lots constructed in other areas of the Ridgewood West • Addition. Staff recommends that the proponent provide a development plan keying unit types to specific lots with no unit type adjacent to, directly across, or diagonally across from each other be of the same unit type or facade. The proponent is requesting the following variances: 1. Minimum lot size to 5,800 sq. ft. 2. Density increase from 2.5 to 3.75 units per acre • 3. Front, rear, and side yard setbacks for clusters (See attached setback diagram) 4. Front yard setback to 25 ft. for cluster lots. • 5. Lot street frontage to 25 ft. for cluster lots • 6. Lot street frontage to 47 ft. for single family lots. Architecture The proponent intends to continue with the Victorian and Colonial traditional, one- , one-and-one-half, and two-story units similar to those currently constructed in other Phases of Ridgewood West with development standards, covenants, and I. restrictions including architectural control. The primary building material will be aluminum siding and brick with other low maintenance materials. As an extension of the architecture to the site, the proponent will be utilizing screening fences of natural stain, or white cedar one-inch by six-inch board on board and six-feet high between dwelling units in the cluster area. Staff feels that privacy fencing should Ridgewood West 4th 3 May 11, 1984 be extended to screen the parking areas and driveways within the cluster areas from Shiloh Court and Wellington Drive. Staff recommends that this fence be three-feet high setback ten feet from the driveway (See Attachment A). Decks have been constructed in other portions of the Westover project in the front, rear, and side yards. In order to maintain a clean curb appeal, Staff recommends the decking be constructed in the rear yards only. In addition, since setbacks from units to property lines are tight, the proponent should provide a development plan which includes the location of decks. Since most of the decks previously constructed have been above grade, they will be required to meet minimum setback requirements. Attached, find a diagram prepared by Staff, which illustrates setback requirements for cluster lots. Landscaping Fundamental to the success of the small lot and cluster home concept is continuity of site design through utilization of common site elements, such as privacy fencing and landscaping. The proponent should provide an overall landscape and fencing plan for review. Streets The preliminary plat indicates that approximately 4,000 square feet of existing i street right-of-way that will have to be vacated. Utilities Sewer and water service can be provided to the site by connection to existing sewer and water lines in Cumberland Road. The six-inch water line in Shiloh Court, which dead-ends at a hydrant, should be extended along a utility easement between Lots 16 and 17 to the end of the project to eventually loop with a water line planned for Saratoga Lane as recommended by the Fire Marshall. Storm water run-off will sheet drain across the property towards catch basins in Shiloh Court and Wellington Drive. Pedestrian Systems The original Planned Unit Development identified concrete sidewalks along both sides of Cumberland Road and along the interior of Knollwood and Wellington Drives. Staff recommends that a five-foot wide concrete sidewalk he extended up the interior side of Wellington Drive on private property and be maintained by the Homeowners' Association. Grading The site is relatively level, to gently rolling. Minimal site grading will be necessary in order to accommodate the project. RECOMENDAT1ONS • Staff recommends approval for the Planned Unit Development District Review and Zoning District Change from R1-13.5 to R1-9.5 of 64.0 acres, with variances for setbacks, density, street frontage, and lot size, and Preliminary Plat of 8.85 acres subject to the following conditions: Ridgewood West 4th 4 May 11, 1984 1. Prior to Council review, proponent shall: Provide an overall development plan keying specific unit types and facades • to individual lots. In addition, proponent shall also provide an overall site development plan which indicates proposed decking, landscaping, and fencing. A three-foot high privacy fence should be located parallel to driveway entrances to screen parking areas from Wellington Drive and Shiloh Court. 2. Prior to Final Plat, proponent shall: A. Provide for an appropriate easement for utilities between Lot 16 and 17 and extend water line to the eastern most property line. B. Approval of the grading, drainage and erosion control plans by the Purgatory Creek Watershed District. C. Approval of the grading, drainage and erosion control, sewer, water, and road plans by the Engineering Department. 0. Vacate 4,000 sq. ft. of excess right-of-way. E. Maximum floor area ratio for the RI-9.5 District shall be 15% for single story units and 25% for two story units. The plat shall be adjusted in order that the homes shall be proportioned appropriately to the lot size to meet the floor area ratio requirements. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate cash park fee. B. Construct a five-foot wide concrete sidewalk on private property along one side of Wellington Drive to be maintained by the Homeowners' Association. • C. Submit an overall street lighting, mailbox, and signage plans for review. 4. The proposed project will' maintain the previously approved development restrictions for architectural control, landscaping for each unit, ornamental street lighting, consolodation of address and mail boxes, privacy fencing, and the Homeowner's Association. { I i i 1 • • tIERI)RANI)UM .Cl: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: May 17, 1984 SUBJECT: Supplemental Staff Report to the May 11, 1984 Planning Staff Report on Ridgewood Pest IV . • There arc two items that should be addressed by the Parks, Recreation and Natural Resources Cocmnission in regards to Ridgewood West IV. The first item is the pedestrian system. The second item is the development of the Homeowner's Association park. PEDESTRIAN SYSTEM The Community Services staff concur with the Planning Staff Report recommendation that the developer construct a 5' wide concrete sidewalk along the interior side of Wellington Drive on private property and be maintained by the Homeowner's Association. This side- walk will extend from Cumberland Road north, then east and eventually tie back in with Cumaber.land Road, PARK DEVE•LOPMENl• -- In the Developer's Agreement between Centex Homes Midwest, Inc. and the City of Eden Prairie dated September 21, 1982 Centex Homes agreed to construct a mini.-park on Outlot A concurrent with the construction of Phase I of the property described on Exhibit A, and depicted on Exhibit B of the Developer's Agreement. The mini-park was to be developed • according to specifications set forth in Exhibit D of the Developer's Agreement, and the park was to be maintained by Centex Homes Midwest, Inc. until it was transferred to the Homeowner's Association. . • The area referred to in the September 21st Developer's Agreement as Phase I has been completed and, in fact, the developer is now requesting approval on Phase III as referred • to in the September 21 Developer's Agreement, but which is now referred to as Ridgewood West IV. Attached to this memo is a copy of the first two pares of the September 21st•Developer's Agreement, as well as Exhibit B and Exhibit D showing the location of the park, the phases of construction and the specifications for development of the mini-lark. The Community Services Staff would recommend approval of Ridgewood West IV as per the May 11th Planning Staff Report with the following addition: ' 5. Prior to June 30, 1984, proponent shall complete development of the • mini-park according to the specification:: set forth in Exhibit D of the September 21, 1932 Developers's Agreement. Community Services staff would recommend that if this park is not completed as per specifications as of .hme 30, 1984 that building permits be withheld until completion ( of the park. • ItL:c,d • 1 • • i APPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION May 21, 1984 • V. Development Proposals A. IliLigpwood West IV Refer to memo dated May 17, 1984 from Bob Lambert, Director of Community Services and Developer's Agreement dated September 21, 1982. Tim Eller of Cretex Homes was not present at this meeting. Lambert stated that the main concern is the construction of a mini- park which was to be completed with Phase I of the project. Phase I . has been completed and the developer is requesting approval of Ridgewood West IV. Lambert recommends giving the developer until June 30 to finish development of the park. If the park is not completed per specifications by this date, building permits will be held until park completion. MOTION: Breitenstein moved to recommend the above proposal to the Council. Cook seconded the motion. It passed unanimously. 6 MI • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA (. RESOLUTION 1.+89-132 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CITY WEST CONVENTION CENTER, BY HOSPITALITY CROWTH SERVICES. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of City West Convention Center for Hospitality Growth Services, dated March 21, 1984, consisting of 5.5 acres for a Hotel-Convention Center, a copy of which is on file at the City hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on_ the day of , 1984. }�} Wolfgang H. Penze1, Mayor ATTEST: John D. Franc, City Clerk lf�t� • STAFF REPORT TO: Planning Commission FROM: Chris Ender, Director of Planning • DATE: May 4, 1984 PROJECT: City West Convention Center APPLICANT: Hospitality Growth Services, Inc. FEC OWNER: Anderson Development, Inc. and Minnesota Highway Department LOCATIOfi: Northeast corner of City West Parkway and Shady Oak Road REQUEST: Zoning from Rural to Commercial Regional Service and Preliminary Plat of 5.5 acres for a 228-room hotel and convention center, with variances for height and parking to be reviewed by the Board of Appeals REFER TO: Planning Staff Report of March 23, 1984 ..� F r ____ 77 __ '` . . t Y 1�it�� \Y� in t111 l `-� r'r t�ItV� c Backjrouncl _ \1 -- � i i 5�, -us i rD , Gl, 353 I Cr This project was reviewed by the 1 7 'UV C { Planning Commission at their March titi 1 `" 26, 19£14, meeting and referred back f•' �, �`�tSC i� to the proponent in order to bring 4` '` parking and setbacks into confer- 6I C^4�/ mance with the Staff .Report ` /;j'','' t u recommendations and to meet other put items as considered in the March 23, PROPOSED SITE w Q A „- 19B4, Staff Report. _ r ;l 4UL; i FAMILY i i • m ..i The project has been further refined �; FFCE r I/l and new drawings submitted to the , 1 f fi i � . City dated April 30, 1984. The 'iCOMtvl-CCMM RCIAL' / %/ program of the building has been 'S � modified some4hat to conform to ��� III �Ij 1-6, Minnesota building codes regarding `i,, 1 !'y, —�( h\'.' occupancy loads of mooting and ball ; , .. :''-i , '�LIi 1-'„ 0 4 Y rooms. The "hack-hou;c' area of the {: �vg tt /'�' ,r,�( 1-2PK service/convention portion of the f �� i I �'�f/t/ 7£s-21 c project, which inclicd, s mechanical Jj i __� p 1i rooms, housekeeping,eping, laundry, eons rr ,i O1-f.Ili f .iI) i( r•) �- and wa an's to rr room, and storage f, PtJCl i ,•i °` areas has he n r.•..,v d into a baCeMeet r-C1 \\\r, ' `;"!'�� : {•� r�Ri< 1 undt'r the bui klrng to d�vul.c ' ( -ttut._, ' " - r , .- additional are.% on th^ site.. to 4r- B ' i i.1ii,r '( f l r I parking. Ili lug!i 1 A 79-37 z�; t4;;4N r., war-y n 1 ..,,,, , "---,,-",-,!1 r ; . ! 1.- p i..1,` d v,--.',.r',. \i 4 II I.:4.`. i V`:, .. 1: 1f11 9, f arkirg If each individual use within the hotel/service/convention area were computed according to the City Code, the site would require 538 parking spaces according to the building program. However, based upon studies previously done for joint use • facilities and the March 23, 1934, Staff analysis of needs required for parking on- site during a noon weekday peak in which overflow parking from other adjacent sites could not be utilized, the number of spaces required would be 385 parking stalls. The current plans show 382 parking stalls provided with the construction of the building, with area for proof of parking of 17 additional stalls. Staff, therefore, • feels that the parking requirennt of the hotel is met, with the addition of a • cross-easement from the O'Neill office building to the south to allow for an additional 100 at-grade parking stalls in the evening hours when necessary for • • special events. Access • We have discussed access to City West Parkway further with the proponent and have determined that the best method of access to City West Parkway would be to close off the northern entrance proposed and provide a full median break on the southern entrance. Grading A new grading plan has been done, however, further refinement will be necessary • 'riot to building permit issuance. The grading plan must be done so that there is no grade greater than six per cent in the parking area, with all areas in the . parking area draining properly. A complete catch basin storm sewer plan must be done and the proponent must obtain permission of the Minnesota Highway Department to • direct drainage into the highway ditch. Visual screening of the parking areas from Highway #169 and from City West Parkway • is required. The setback area left to accommodate herming to help screen the parking is 17.5 ft. both on Highway #169 and City West Parkway. This is an area • wide enough for approximately a three-foot high berm, which would have to be reinforced heavily with plant material in order to screen the parking. Loading Area The loading area shown in the current plan has been reoriented so that it opens to the cast toward Highway #i69. An open loading dock is illustrated on the plan. However, after discussing the fact that open loading areas are not allowed according to the City Code with the architect for the project, he has 'suggested that the loading dock cell would be covered with a roof and closed off from public view with a roll-down door, with the loading bay area screened with a wall approximately 50 • ft. long. It will be necessary to augment this screening with heavy landscaping to occur further east on the property so as to screen any truck backed into the loading bay from views from Highway #i169. • Landscap.in9 ( A new landscaping plan has, not been submitted with the other revised drawings, • however, it is a requirernt that all parking be screened from differing adjacent • land uses and public roads. In addition, because of the height variance being 111 :. • requested, Planning Staff suggests that the area up around the building that is green area be planted with large evergreen and deciduous plant material to be in cale with the height of the building. We suggest evergreen trees in a range 'between eight and sixteen feet in height and deciduous trees in a range between three and six inches in caliper. Detailed review of the final landscaping plan would be made prior to building permit issuance. RECOMMENDATIONS: Planning Staff would recommend approval of the request for rezoning from Rural to Commercial Regional Service and preliminary plat of 5.5 acres for 228-room hotel convention center according to the preliminary plans dated April 30, 1984, subject to the Staff Report of March 23, 1984, and the following: 1. . Proponents must obtain and provide for the City a cross-parking easement with the O'Neill office building to the south to provide opportunity for shared parking of an additional 100 stalls in evening hour use. 2. Proponent must apply for approval of a variance for height, floor area ratio, and number of parking stalls before the Board of Appeals. 3. The grading plan must be redone to conform with grades of the Primetech property to the north and the O'Neill property to the south, and also provide for proper drainage within the parking area, with grades not to exceed six per cent. ti 4. Access to the property would be limited to the full access at the center of the property and a full access at the southern boundary of the property, Which would be shared with the O'Neill office building. It would be the responsibility of this proponent and the proponent to the south to reconstruct the median cut according to City specifications. 5. The loading area must be screened from public view with the use of landscaping, a screen wall, and the loading dock area itself must be completely enclosed. 6. A landscaping plan must be submitted which screens the parking areas from public roads and provides large plant material as detailed in this report in the areas surrounding the convention center hotel building. 7. Since a signage plan cannot be submitted at this time, proponent should understand that the City Staff may bring the signage plan request back to the Planning Commission for review to assure compatibility within the City West area. • . ) STAFF REPORT • TO: Planning Commission FROM: Chris Enger, Director of Planning • DATE: March 23, 1984 PROJECT: City West Convention Hotel APPLICANT: Hospitality Growth Services, Inc. FEE OWNER: Anderson Development, Inc. and Minnesota Highway Department LOCATION: NE Corner of City West Parkway and Shady Oak Road REQUEST: Zoning from Rural to Cornercial Regional Service and Preliminary Plat of 5.5 acres for a 228-room hotel/convention center Background _ --... The Comprehensive Guide Plan shows {�� `== it 1 L «r� this site as Regional Commercial or 4n, ' " �, s_ Office and the site was designated A�i \�. ^ij5 t`4)3,' Bo k in the original City West Planned k i 79`-7- C. �•OF Unit Development, as a hotel. The -1 5 Planned Unit Development showed a �.. 12.6-acre site for 300-room hotel; ' ,,Z b " -C the current plan shows a 5.5-acre • .{ ,h '7..,C"'%-'" site for a 22B-room hotel, with *'` ballroom, meeting rooms, lounges, iiu PUD // „�� and restaurant, for a total of 1,015 PROPOSED SITE // r05•" seats. The original density of the - j /N ..7 7 conceptual project was 24 rooms per 1. WTI FAt11LY :/i 42,r,•I t��. • acre compared with the current 11DFF CE �/e '—f'' proposal for 41.45 rooms per acre. V,11. •- !,' / '" • Bordering the project on the north 5COMM-C.MM RC1AL rc�•/1/7/ • is Prime tech Office Park, and, to \t 1 o,•�, the south, a proposed office hv1 /y building , and to the west, City West -� � / .. ��, C-H Office P1a7..e (not yet constructed), • .,.;j r 1 r-2,S, and the Ryan Construction City West i-r ' � a/: 1-2 PK ` Business Center office/service pro- - ,t f , .�' //, V 78-21 ject (under construction). )1 ` --:_, _ .f7 J 19113. Variances necessary for this project -f f PUB °\ '�.'� " .' ! a'' includo a height variance to allow t. ,y I. ,4.2 ;ARK up to an 85 ft. bleb building, floor • luc' 1�� f 'c-, i.e 1 1` 1 3 s,,u,r area ratio from 0.50 to 0.62, and Eir-2t1 !r f • par'King from 618 to 395 spaces. PI ft� •�,� y 79-37:w •- • A r^`'I F ( 'r,, 'a ""t�' J\11 r 111\Cam,, i r�' L"jlt....A•-. ...s.:, .,.,or 11,• ► J iat«t,-lt ---1 iI On 1 1 1-(9.1911 „ r City West Convention Center 2 March 23, 1984 Several plans have been submitted to the Planning Department since the original .• submission, which is dated February 9, 1934. The developer's booklet illustrates a site plan depicting 455 parking spaces. However, this plan does not conform to any of the side yard or front yard setback requirements of the City Code. A subsequent site plan has been provided, which provides 395 parking spaces on the site and conforms to the City setback requirements. • Site Plan Although a complete packet of information was submitted by the developer, detailed • analysis by the Planning Staff points out that the plan will need to be revised • substantially. The Staff Report will serve as an analysis of the deficiencies of the plans and revisions which will need to be made prior to action by the Planning Connnission. The site is situated between Highway #169 on the east and City West Parkway on the • west. The elevation of City West Parkway relative to this site is approximately 896 compared with the majority of the site, which is at 834 to 880. This change in elevation occurs over a very short amount of distance along the frontage of City • West Parkway and creates unacceptable conditions for the submitted site grading plan. To correct the grading, the site will need several feet of fill in the lower • area in the location of the hotel building itself. Existing vegetation on the site is limited to some scrub trees in the lowland areas and a small area of elm trees on the wooded knoll, which projects into the southern red of the site. The site will be completely regraded and all existing vegetation will be removed. • Grading and Drainage There is no storm sewer plan submitted with the information, but it appears as if the designer intended to sheet drain the parking lot to the east into the existing • highway ditch. There are several locations on the east half of the site plan in the parking lot areas where the grade is too flat to allow drainage. In addition, it appears as if the parking on the east side of the building is planned at a lower elevation than the highway ditch to the east. Three to five feet.of fill will need to be brought in for the lower eastern two-thirds of the site in order to firing the site grade up high enough for drainage and to reduce the amount of grade in the • parking lot on the western third of the site. The western portion of the parking lot contains several areas of greater than 10% slope and the southwestern entrance to the hotel (which is shared with the O'Neill Office Building to the south), is depicted on the grading plan as having a 20'% slope. Since there will need to be overflow parking to the medical building use to the northeast, it.will be necessary • to tic into that parking lot area. Also, since there is approximately a ten foot • grade change between the western end of the medical building's northern parking lot and the hotel parking lot area, coordination of the two site elevations is needed. • • The area directly in front of the hotel adjacent to the turn-around area is planned with a land-locked drainage situation, which is proposed to be drained through a ( etch basin and storm drain. This is not an acceptable situation in Minnesota a-_.liriate, as the storm drain could freeze and leave the parking lot inundated with water and ice. ti In ti City West Convention Center 3 March 23, 1984 • Soils As identified in the Hennepin County Soil Survey, the soil in the majority of the low portion of the site is Marsh soil and will need correction and fill to bring the development above the water table. Access The points of access for the hotel are shown at the existing City West Parkway • median cuts. However, since the northern two access points occur at the inside radius of a curve, sight distance during the winter time will be completely blocked to the right and left for the northern entrance and to the right for the central entrance. The Planning Staff would, therefore, suggest that the common access point with the O'Neill Office Building on the south boundary of the hotel be a full access, with a median cut in City West Parkway. There would be a spacing curb-to- curb from that access drive south to the intersection with Shady Oak Road of 280 ft., which should be sufficient. The central access should he constructed as a right-in, right-out, only, to prevent cross traffic through the City West Parkway median. This will eliminate the problem with no sight distance to the right. The access to the north should be constructed and signed as an "IN ONLY" access. This would prevent the cross median conflict coming out of this site without proper sight distance, and also the right-turn out of this site 'without proper sight distance, but would allow the left-turn in from southbound City West Parkway and would allow J. the right-turn in from northbound City West Parkway. This project should not be • (, connected along the frontage with the Primetech site because the Primetech southern • access is a service access and is a poor sight line situation, as well. • Since overflow parking will have to be accommodated in either the O'Neill Office Building parking lot or the medical building office/industrial lot, it is necessary to provide the proper pedestrian and vehicular accesses between the hotel lot and these lots. These accesses should be coordinated with the property owners to the • north and south, and proper cross parking easements for the evening overflow must be obtained from those property owners. • Parking The developer had originally provided the Planning Staff with site plan depicting 455 parking spaces available on the hotel site. Parking for that many vehicles was accomplished by parking completely within the front yard and side yard setbacks. After a conversation with the developer and explanation of front yard and side yard setbacks, the developer provided a revised drawing, which depicted 350 parking spaces, which conformed to the City setbacks. Since this was 105 parking spaces less than the original plan and 268 spaces less than the 613 space Code requirement, • • it was apparent to the Planning Staff that there was not enough parking provided for the hotel and service convention area on the site. The site plan dated March 21, 1934, shows 395 parking spaces on the site. • • In analysing the amount of parking required for the hotel, restaurant, and • convention center, the Staff utilized a parking study, which was provided by Howard - Dahlgren .end Associate; v;hon justifying the parking variance for the Sheraton Inn. lhis partied analysis evaluated thirteen suburban hotel convention centers in the metropolitan area. The study indicated an average of Z.22 spaces per room on an average toe the thirteen hotels. the Sheraton had provided 2.66 in their final approved plan. • • • City West Convention Center 4 March 23, 1984 The make up of the thirteen suburban hotels differs in proportion of restaurant seats, lounge seats, meeting room seats, and ballroom seats as compared to the number of parking stalls provided and the number of rooms. The average ratio of rooms per seats (in the meeting rooms, lounge, restaurant, and ballroom) is one room • per five seats. 2.?2 spaces per room would translate to 506 parking spaces necessary for this project. The ratio in the current proposal is one room per 4.45 • seats, which means that there is a higher number of rooms per seats than the average • - •by 11%. The reason this difference in room to scat ratio is important is that the current hotel is making arrangements for• peak hour shared parking with the Primatech Office buildings to the north. Of course, it is not possible to use shared parking with office buildings during the day in mid-week because these spaces will be • • utilized for office use. The critical time then becomes the weekday mid-day peak because all parking required fur that time would have to be provided on the site. In looking at the Sheraton analysis, we find that Eden Prairie is the only community out of the thirteen suburban cosununities which requires only one parking space per three seats for the lounge, restaurant, meeting room, and ballroom areas, which • compares to one parking space per two seats, or one parking space per one seat for the other communities. Because of this, we feel that in an analysis of the specific • weekday mid-day peak we should utilize the following assumptions: • 1. Of the 228 rooms, we would assume that only 10% of the rooms would have cars occupying a parking space at the noon weekday peak. • t 2. Of the 1,015 seats which make up the ballroom, restaurant, lounge, and -meeting rooms, we would assume one parking space for every two seats would be required based upon an 80% occupancy of all 1,015 seats for a total requirement of 405 parking spaces. . 3. We assume 60 employees at one parking space per employee for a total of 467 • parking spaces required for the noon day peak. This compares to total • parking provided on the site of 395. Since this hotel. convention center has a higher ratio of rooms to seats than the average and since the peak time we arc concerned about would also be the low utilization of rooms, you could discount the difference between the average ratio of rooms per seat of one per five to this proposal of one per 4.45 or a difference of 11%. Since the average parking space provided for the thirteen suburban communities • • is 2.22 spaces per room and since this proposal differs from the norm in ratio of • • rooms per seat by 11%, we could discount 2.22 by 11% or an adjusted average of 1.98. • • This would then compare with 2.05 spaces per room, which would be provided if 467 spaces were shown on the plan according to the assumptions of mid-day weekday peak • requirements. Therefore, the Staff suggests, that one of the alternatives for providing en additional 70 spaces or equivalents be approved by the City. 1. Add 70 cars structured parking. 2. Acquire approximately an additional one-half acre for at grade parking. ' __ 3. The developer would provide information which would illustrate 395 spaces as . sufficient, with a bond for provision of structured parking if needed within five years. 4. Reduce the building program• This could possibly take the form of the • City West Convention Center 5 March 23, 1984 reduction of 175 scats from the total 1,015 seats for ballroom, lounge, restaurant, and meeting rooms, which translates at. an 8NN utilization times one parking space provided for every two seats to 70 less spaces needed to be provided on the site. This alternative would bring the weekday mid-day peak requirement into alignment with the parking provided on the site. The other peaks in parking which are to be expected would occur on Friday nights, Saturday nights, and weekday nights. All these peak periods would require more parking than is provided on the site, but would work well with the shared parking with the property to the north and/or the property to the south. Building Architecture The exterior material of the building should be brick and glass as noted in the development brochure and should be of a color and tone to match the Primetech buildings to the north and the O'Neill building to the south. This would probably take the form of medium to dark brown brick and dark windows with bronze anodized metal frames. The mechanical equipment for the roof of the service convention area must be consolidated and screened as shown schematically on the site plan. Mechanical ''; equipment on top of the seven-story tower, such as antennas, will be prohibited unless screened with a parapet wall as part of the building. The loading service area located on the northeast side of the building should be • completely enclosed as was required of the LechTech building to the north. This will present a clean appearance when viewed from the rooms above. i Signage No plan for signage has been submitted and it is not known whether a sign at the top of the building would be requested. The proponent must submit the signage plan • showing the size, letter style, and location, of any free-standing or building mounted signs and the signage program must be consistent with City Code. Lighting Parking lot lighting, if provided, should be of a type, material, and color consistent with Primetech Park to the north and the O'Neill Office Building to the south. i Ordinance Rcyuirercnts r The developer must apply for, and receive, a variance for parking from the Board of Appeals. Also a variance from the Board of Appeals will he necessary for the floor area ratio of 0.62 and the building height. of 85 ft. All parkinn stalls shall be of ordinance dimension and all parking aisles shall be (. according to Code. • Lanii;cap i n;l A Iandsca,.i ui plan ;must he copleted, which effectively screens cars from City West . n( • City Wet Convention Center 6 March 23, 1984 • Parkway and from the Highway i169. Along with this landscaping plan the developer • must submit sight lines from Highway #169 and from City West Parkway to illustrate the effectiveness of the proposed screening. A minimum size shade tree for this size of a project should be 2-1/2 inches in diameter, with a 2-3/4 inch diameter average size, allowing scattering of larger three-, four-, and five-inch diameter • trees in areas adjacent to the building appropriate to the scale and height of the building. Evergreen trees should be a minimum of six feet in height, with an average of 6-1/2 ft. in height allowing for the ability to scatter eight-, ten-, and twelve-foot evergreen trees around appropriate locations of the building to allow for a proper scale to the building. • RECUIlIENDATIONS: • The Planning Staff recommends that the plan be returned to the proponent for revisions as follows: • 1. The grading plan must be completely redone to reflect no greater than 6% grades in the parking area, with all areas in the parking area draining • properly. No areas in the parking lot should be graded so as not to allow • sheet flow out. A complete catch basin and storm sewer plan must be done, sheet flow off the parking lot directly will not be allowed. The proponent must obtain permission of the Minnesota Highway Department to drain to the highway ditch. 2. Hydrant locations and pipe sizing will be reviewed by the Fire Marshall. 3. Any need for lift station or injector pump for sanitary sewer must be identified. • • 4. The developer should revise the program of the building equal to the • reduction of 70 required parking stalls to the 395 provided on the site. This will provide adequate parking for the noon weekday peak. Parking for the week night and weekend night peak overflow must be provided by shared parking with the office buildings to the south and north through a joint parking easement. The site plan must, therefore, be modified to include • appropriate vehicular and pedestrian connections to the office buildings to the north and south. • 5. A detailed landscaping plan, including sight sections and sight line studies • from Highway #169 and City West Parkway must be provided to effectively screen the parking and loading areas from the public roadways. The landscaping plan would include screening of all the parking lot areas and, as a minimum, 2-1/2-'inch shade trees, with a 2-3/4-inch average di a.r^tee , • and as a minimum, six-foot. evergreen trees, with a 6-1/2 foot average must be included for evaluation. The variance for the height of the building should he directly related to the completeness and size of the plant material used to provide scale for the building plan. • ( G. A signage plan must be submitted, which shows all sign locations, sizes, color , and cnteri,7ls. Signs must be in com;rlianee with City Code. Rooftop signs ,:re prohibited. 7. 6cc:rsr. to the site should he designed so that the northern access is designed as an "IN ONLY" access. The central access should be constructed 11 • • City West Convention Center 7 March 23, 1934 as a right•-in, right-out access, and the southern access should be constructed as a full access with the median cut in City West Parkway being accomplished by the developer. The detail of the southern entrance shall be coordinated with the office to the south. Grades at entrances to City West Parkway should not exceed 4 within 50 ft. of the curb. 8. Exterior materials and colors must be coordinated and compatible with the Primetech Park buildings to the north and O'Neill Office building to the south. Samples of these materials should be submitted for Commission review. • 9. Parking lot lights should be of a type, color, and height consistent with • • the uses to the north and south. Details of the lighting should be submitted for review. Lighting of the street accesses is required. • 10. All parking stalls and parking aisles shall be according to Code. • 11. Vehicular access shall be coordinated with the medical building parking area • • to the northeast. • 12. A pedestrian plan, which connects the hotel-with the sidewalk along City West Parkway, with the Primetech sidewalk system, and with the medical building and O'Neill building overflow parking areas, should he submitted. 13. Coordination of the grading plans with Primetech to the north and O'Neill office building to the south is required. • The following will be additional conditions of approval: 1. The hotel must he a part of the overall City West owners' association for ownership and maintenance of common property. • • • 2. Land which is currently owned by the Minnesota Department of Transportation, but which is planned as part of this project, must be acquired. • • 3. The developer must agree to assume their share of all future assessments in • direct proportion to their percentage of land area within the City West Planned Unit Development. 4. The City must be notified 48 hours prior to any grading of the property. • The Nine Mile. Creek Watershed District must review and approve a grading and erosion control plan. 5. Proponent must submit to the Board of Appeals, and receive their approval of, the variances requested for height, floor area ratio, and the number of parking spaces. 6. All mechanical equipment must be screened. Cquipmeent must be consolidated for the convention building, as shown on the plan, and screened with material architecturally compatible to the building. Any mec.hnical equipment, such as antennees on top of the hotel tower, will be prohibited unless screened with a parapet wall. 7. 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O'NEILL OFFICE / / . .., , ,-.-':..'-.-"N.-f,''.,..v •:, / -*-----./ . ' ' - •:""-7 Li . • • ....L.Y.1.11 U e/...V. . 114101a • .... ( • • • l'12•hr-' • • • • • A. CITY WEST CO VEUT1[rh CENTER, by Hospitality Growth tt.h Services. • key.: ,C for 'Zoning District Change from Rural to Co; ercial Regional Service, with variances (before the Board of Appeals), and Preliminary Plat of 5.5 acres for a Motel-Convention Center. Location: Northeast quadrant of City Vest Parkway and County Road • 61. A continued public hearing. • • Planner Enger explained that: the Planning Commission had continued the public hearing on this item from the April 9, 19114, Planning Commission meeting p•-,nding revision of the plans for greater coopliance with City Code requirements. • Mr. Chuck Engles, Architectural Development Corporation, reviewed the • changes with the Commission, which it}claded the Iollortiny: "bank of the • • house" 1tests, such as laundry, housekeeping, etc., had been relocated to a • • 'basement level; two additional rows of parking had been added at-grade; building capacity itad changed in terms of occupancy allowed; the northern most access to the site had been eliminated; and, at the request of the Planning Co:caissiion, Pr. Engles reviewed a colorboerd of the materials to be • used al the project. • • Planner Enger reviewed the findings and recommendations of the Staff Report of May 7, 1934. Staff reviewed the revised parking situation, particularly - with respect: to the noon weekday peak hour situation. Chairman Beare:an asked how the City would enforce the cross parking easement.s necessary with the property to the south. Staff responded that a • legal document could be required to he reviewed by the City and the City1. would also require proof of filing of kite easement over both of tint properties. Chairman Beaman asked if the City would ha able to control future land owners of either parcel with regard to these cross-access easements. Staff responded that in other situations such as this, language was included which started that neither party could unilaterally terminate the ;'.,ire(:srot. Staff added that they could check with the City Attorney as to the details, of such au agrecaont. Schur!: asked if i.hr're would also he a cross; easement with the Pritemtech project: to the north. sir. dim Eastman, itr5pitaliti; Gro;:1.h, Inc.., stated that they had not cent-i.1: '! ,aa aesemont with the proje,:t to the north; however, they would lac willing to do so. hallo li ,.•;kod it .Aaff comfortable with the revised parking sitr:ation. Steil rr:•pmr::,l I h it, id i ii,•i t opinion, the new Park lull ;rrrarnlcn%•ui t im, sui f i,.ient hosed upon the occupancy rates i or the various uses within the tfs, • Planning Coinission Minutes 3 May 7, 1984 structure. • Torjeson asked if the building had been increased in height. Mr. Engles • responded that it had not, however one level had been added underground. • Johannes asked what: the floor area ratio was for the project. Staff responded that it was 0.62, while Code required 0.4 as a maximum floor area • ratio for such a use. Staff added that the proponent would have to appear •j. before the Board of Appeals for variance to the floor area ratio, as well as height and number of parking spaces. • Chairman Beaman asked for comments and questions from members of the audience. There were none. Torjeson asked if the variance for floor area ratio was justified. Staff responded that the floor area ratio greater than 0.4 had been contemplated in the original Planned Unit Development for the site, which indicated • a hotel of ten to twelve stories. Staff pointed out that this site was in conformance with all setback requirements for such a use. • • MOTION 1: Motion was made by Gartner, seconded by Schuck, to close the public hearing. • • Motion carried--6-0-0 • • t OTJOR 2: Motion was made by Gartner, seconded by Schuck, to recommend to the City • Council approval of the request of Hospitality Growth for a zoning district change from Rural to Co„r.nercial Regional Service for 5.5 acres for a hotel/convention center, based on plans dated April 30, 1984, subject to the rccon:rendations of the Staff Report dated April 23, and May 4, 1984. • Motion carried--6-0-0 • MDI1OU 3: Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request of hospitality Gro•ah•for preliminary plat • of 5.5 acres for a hotel/convention center, based on plans dated April 30, 1984, subject to the recommendations of the Staff Report dated April 23, and • May 4, 1984. MINUTES ( EDEN PRAIRIE PLANNING COMMISSION Monday, March 26, 1984 School Board Meeting Room 8100 School Road • • {. • A. CITY WEST CONVENTION CENTER, by Hospitality Growth Services. Request for Zoning District Change from Rural to Con<nercial Regional Service, with variances, and Preliminary Plat of 5.5 acres for a Hotel-Convention Center. Location: Northeast quadrant of City West Parkway and County Road 61. A public hearing. Planner Enger stated that the proponent would be making a partial presentation of the project this evening. The project would be amended by the proponent before the Planning Cnnmtssion would be I P • • Planning Cer.nission Minutes 2 March 26, 1984 • "� asked for their recommendations to the Council. Mr. Chuck Engles, architect for proponent, stated that they would be • working to bring the project into compliance with the • recou.nendations of the Staff Report dated March 23, 1984. Mr. Engles stated that they had met with Staff, and would be meeting with Staff, again, to work out some of the details of the amendments to the project.. lie added that they would be prepared for the Planning Countssion meeting four weeks from this date. • Mr. Engles reviewed the Staff Report recommendations and the intentions of the proponents to mitigate the problems with the • project. He also displayed the elevations of the site and reviewed the characteristics of the surrounding area with the Commission. • Mr. Engles explained the other uses in the hotel building including the ballroom, restaurants, pool, and other facilities that would be available to people using the hotel. Planner Enger reviewed the recommendations of the Staff Report. He reviewed in detail the parking situation as proposed by the • proponents. Planner Enger pointed out that the comparisons of parking spaces available to those required were based on the parking study done for the Sheraton Inn, which had been based on a study of thirteen suburban hotels within the surrounding communities. Planner Enger pointed out that the average number of parking spaces per room was 2.22 spaces. This had been based on different emphasis for various functions, such as restaurants, within the different • hotels examined by the study. • • Planner Enger discussed with the Commisssion alternatives for mitigating the parking situation. He suggested that parking, or other functions such as laundry facilities, kitchen facilities, • etc., for the hotel could be placed on a lower level under the building. This would add to the space available at grade for • • additional parking spaces on the lot. Johannes asked if there were any plans for shuttle services or other • mass transit arrangements which had been made for the hotel. Mr•. Engles responded that, other than anticipated service from the airport, no other mass transit had been planned for the hotel. Mr. Jim Eastman, Kahler Hotel Companies, stated that such arrangements would be made in a more definitive manner after the • hotel was in operation. He stated that tour transportation would, of course, be made available to hotel guests in the future. • Johannes stated that two other hotels were currently in process within the City. He asked if proponents had taken into account the • fact that these hotels would be existing at the time theirs would be opened in terms of marketing studies. Mr. Eastman stated that the two hotels had bean taken into account. Chairman Dearman asked if structured parking had been considered for the site. Mr. Engles responded that it had been considered; Planning Commission Minutes 3 March 26, 1984 • however, it was quite costly, in their opinion and had not been planned as an alternative at this point in time. • one for Torjesenhefelt stated thait7theba470 spaeesd upn ltwoulde clhey dthe required as as • hotels, minimum t it e nt upon proponent tot present at case forlanythingolesst�thanc470Pspaces. the proponent Torjesen asked if the twelve-foot wide bay for hotel rooms was • common. He stated that his experience was that most rooms were 14 to 15 feet in width. Mr. Eastman responded that a twelve-foot wide hotel room was an industry standard and had been used in many of the • hotels that they had built in the past several years. i4arhula stated that the original Planned Unit Development for this site had allowed for a 12.5-acre hotel site in the adopted plan. He l added that it had been a 300 room hotel, which cwouldisobe approximately 24 rooms per acre for the 12.5 acres. Bythis hotel site on 5.5 acres with 228 rooms calculated out to be 42 rooms per acre. Marhula stated that he felt this was a significant deviation from the original Planned Unit Development. He stated that he felt it would the proponent'sla aresponsibility to htopjustify this the variation from the plan. other seven acres designated for hotel use in the original Planned I= Unit Development. Chairman Bearman asked what the traffic impacts would he for this size of hotel on this size of site. Planner Enger explained that hotel peak hours were different than those of office and other types • of uses within this vicinity. • Marhula stated that it appeared easd Plough U this Develoe a si g in ifican • change in the originally app the amount of traffic would be changed from a twelve-acre site to a five-acre site. He questioned the advisibility of intensifying this hotel use by compacting it onto a smaller site, and, therefore, amount of traffic which it would generate, considering the site was now 5.5 acres, not 12.5 acres. • Torjesen stated that he, too, was uncomfortable with what he e , considered to be a significant change in the originally apPov significant ignificanttchangeeinpthetover1e allaPlannd ed`Unit Dr evelopment. Plais nner l sign if Enger responded that the intensity of use was still in compliance with that of the originally approved Planned Unit Development. lie. • { pointed out that the original Planned Unit Development had designated this site fur Regional Commercial use, which would ( include a hotel use. Chairman hear^an stated that he was not as concerned about the •-,) reduction in the size of the site as he was about the amount of traffic:. He staled that he felt careful consideration should be given to adequate ingress and egress for the site. • • • Planning Commission Minutes March 26, 1984 • Chairman Beaman asked for comments and questions from members of the audience. There were none. MOTION: Motion was nude by Marhula, seconded by Johannes, to continue the • public hearing for the City West Hotel Convention Center to the May 7, 1934, special Planning Commission meeting to allow proponent opportunity to amend the plans to be in conformance with City Code • requirements. • Motion carried--6-0-0 B. O'NEILL OFFICE BUILDING. Request for Zoning District Change from Rural. to Office,and Preliminary Plat of 1.70 acres for • an office building. Location: Northeast quadrant of City West Parkway and County Road #61. A public hearing. • Mr. Len Lampert, architect for the proponent, reviewed the site • characteristics and site plan features with the Commission. Planner Enger reviewed the recommendations and findings of the Staff Report of March 23, 1984. He stated that the point of access from City West Parkway for this site and the hotel site to the north was shared access at the north boundary line of this project. Planner Enger stated that it would be necessary for the hotel site to coordinate with this site in terms of several matters including grading, driveway access, and shared parking arrangements. Planner Enger stated that, for example, the driveway lane for the office building was located 50 feet from the right-of-way of City West Parkway, while the driveway lane for the hotel was located 35 feet back from the right-of-way for City West Parkway. In order to provide a smooth joint access situation for shared parking, it would be necessary for one or the other of the sites to adjust the • driveway lanes to match the other site. This would be necessary to • avoid jogging of the driving lane, which would create a hazardous • driving situation for quests using the office building parking lot • for hotel patronage. If the office building were to relocate it's driveway lane to match that of the hotel, there would be a loss of approximately nine to ten parking spaces for the office site in this location. The spaces could possibly be made up in another portion of the site. Torjesen asked Staff to review three uses which had been approved for that area along the east side of City West Parkway in terms of their intensity and consistency with the overall Planned Unit • Development. Staff reviewed the three uses, Primetech, the City West Convention Hotel, and the O'Neill Office Building site in terms ( of their floor area ratios, traffic, and consistency with the Planned Unit Wevelopment. Staff pointed out that, in their opinion, • (( these uses wcro all consistent with those approved in the original • 1 Planned Unit Development. • Torjesen stated that he felt it would be appropriate to require that IO'd,() 1 • I CITY OF EDEN PRAIRIE HENNEPIN COUN Y, MINNESOTA RESOLUTION #84-134 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUPER 8 HOTEL. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the prelieinery plat of Super 8 Hotel, dated March 14, 1934, consisting of 5.4 acres into one lot and one outlet, a copy of which is on file at the City Hall, is found to be in coeforiaance with the provisions of the Eden Prairie Zoning and Platting ordinances, and aurndments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of 1984. Wolfgang N. Penzel, Mayor ( • ATTEST: John�. franc, CityClerk • • • ,' STAFF RLPORT TO: Planning Comnission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Egger, Director of Planning DATE: May 11, 1984 PROJECT: Super 8 Motel APPLICANT: Super 8 Motel LOCATION: North of W. 78th Street, east of Highway #169 REQUEST: Site Plan and Zoning Amendment for 1.29 acres within a C-Highway District for a 63 unit Super 8 Motel. Preliminary Plat Request of 5.5 acres into one lot and one outlot Background The Comprehensive Guide Plan identifies f A:,--: ,' .,. a Regional Commercial land use for this \t �` site. Th^- Guide Plan depicts future (l .� H-8 ,4 urrounding land uses as Regional i pub Commercial, as well. Existing land \\, 1 C-REG <' uses are a church and auto body repair ((��p?08ED S1TE��"��",. shop to the north and west of the site, 3 _ vacant land to the east, and a Mobil22:2e 0 ;`fF �� Oil station and Country Kitchen - - --=--- ,,..kc` �,E, \: ' ` Restaurant to the south, across West ..-A-FiLGI'• i\� ` = 78th Street. r 1 . N • Planning Commission has reviewed 4-- ] � The \ti{'c I �\�.��. several devclopmdnt proposals for this l 1 `\ site, beginning wit!i the 1975 Titus . 1 ��, leir Planned Unit Development on 7.8 acres, ~'c Pt' I-- involving approximately 35,OOO square 81 2 c �` feet of commercial retail and res- • - taurant usage. In 1976, a final plat C-REG-S -E '. F"41 L ,,� /J�4 ' was approved subdividing the property C -- -_ i�,i�iVJa.J,4 \ .F in accordance with the 1975 Planned r -'{dz'i ✓ t•vo F'uJ1,' Unit Development into two lots cast of 80-3 „-•-.: r`' Titus Road and two lots west of Titus OFC I �FfO-fly Road. In 1978, the Planning Commission -""""'���'w QFC ' 213 entertained a request from Thrift-way T"-- Y - - PunJ � C-REG No fora rezoning of Lots 1 and 2, 8lock eta 2, Flying Cloud Center, to Commercial C-iif {' P' `' "."-- "'tt,,,,•r Regional Service to accommodate the onstruction of a supermarket. Al- ! 'Z \' though approved by the Planning ;,, Commission, the proponent subsequently ',✓/ 6� ,�.. � �-Q ,� ,t withdrew the item from the City. In ,— i'C1 ;it.-- LG,.% i`� 43 6 ` E A� 1979, the Planning Commission reviewed �Ic - —""llr A ' • ,Super 8 Hotel 2 May 11, 1984 the Independent Millwork request for Planned Unit Development, preliminary plat, and zoning change from Rural to CRegional Service on 5.4 acres of land to accommodate a motel, restaurant, and handball court west of Titus Road and a restaurant use planned east of Titus Road, adjacent to Prairie Center Drive. That item was withdrawn before City Council action. Included with this packet is the previously proposed Planned Unit Development Concept for Independent Millwork. One of the advantages of this PUD proposal, which should be considered for future development on site, is an internal roadway system which linked different uses and directed traffic towards two intersections with West 78th Street: one at Titus Road, which at one time was envisioned as an eventual connection to Leona Road; and a driveway access directly opposite the entrance to the Eden Prairie Center. The proponent is requesting a replat of Lots 1 and 2, Block 2, Flying Cloud Center, into two lots on approximately 5.5 acres of land area. Lot 1, Block 2 is currently zoned C-Highway. A site plan and zoning amendment is requested for this lot to accommodate a 63 unit motel. Existing Site Conditions The site slopes gently to the north, west and south from a high point at elevation ^11 in the east central portion of the site. There is a significant amount of _ ::isting natural vegetation, consisting primarily of pine with some elm on the southern half of the site. The tree inventory indicates 28 coniferous trees ranging from 8-24 inches in diameter and 20-40 feet in height. The landscape plans shows retention of as many of these trees as possible. In addition, the extreme northeastern portion of the site is covered by primarily scrub vegetation. Site Plan • The site plan shows a 2-1/2 story, 63-unit motel on the east central portion of the site, with parking wrapping around the building. Building and parking setback requirements are in compliance with C-Highway zoning. The floor area ratio for this site is 0.44. Code permits floor area ratios up to 0.40. A variance will be needed from the Board of Appeals. Since adequate room exists on-site to accommodate building and parking areas within setbacks and provide adequate room for screening of parking areas from public roads, Staff feels comfortable with the higher floor area ratio. Several Planned Unit Development Concepts have been proposed for this site, which indicate the relationship between land uses. Staff expects that restaurants, or other supportive service uses to Eden Prairie Center, will occur on the balance of undeveloped property. To provide for orderly development, Staff recommends that the proponentprovide rovide a design framework manual which controls common site and architectural planning prior to further development of the property. "arkin1 The current parking requirement for motels is based upon the number of units and number of employees. Based on 63 nits and 2 full-time employees, a total of 65 parking stalls would be required. The site plan indicates provision of 65 (9 ft. x 20 ft.) parking stalls, with a 24-foot driveway aisle. City Code currently requires a minimum of a 19-foot parking bay length and a 25-foot maneuvering aisle. The net • • Super 8 lintel 3 May 11, 1984 Irfect of the Code requirement would mean a minimum distance of 63 feet for double- loaded parking and 44 feet for single loaded parking. The site plan meets or exceeds these dimensions. Access Access to this site will be by driveway off of West 78th Street. Staff initially discussed with proponent that the existing curb-cut, centered on the west property line, should he utilized as a common access for the motel and the auto body site. The alignment of this existing curb cut is directly opposite the westerly-most entrance into the Country Kitchen and Mobil Oil Station site. The location of the proposed curb-cut will generate traffic movement conflicts for cars crossing West 78th Street in a diagonal fashion to the gas station and Country Kitchen. Staff also discussed with the proponent the need to provide for cross-access between the motel and the balance of undeveloped property to the east. The attached PUD Concept shows the internal circulation system connected to a driveway entrance directly opposite the shopping center entrance and Titus Street. This cross-access can occur by extending the driving aisle in front of the motel to the east property line. Use of the internal circulation system could eliminate the need for a curb-cut on the proposed motel site. Staff recommends the site plan be revised to utilize the existing curb-cut on the west property line and provide for a connection to undeveloped property to the east. ,h"ilities Sewer and water service can be provided to this site by connection to existing sewer and water lines in West 78th Street. The majority of storm water run-off on this site will be directed towards parking areas, where water will collect and sheet drain towards an existing storm sewer in West 78th Street. Staff expects there may be a need for catch basins within the existing parking area. The proponent should submit detailed grading plans for review by the City Engineer. Landscape Plan A landscape plan has been prepared which depicts the type, size and quantity of plant materials proposed on site. The landscape plan also indicates that 17 of 28 coniferous trees will be retained. These trees range between 20-40 feet in height. Staff recommends that the coniferous trees to be lost during construction be relocated elsewhere on site, if possible, or proponent provide a replacement program for coniferous plantings equivalent to the total height of tree loss. Parking areas arc proposed to be screened from West 78th Street by a combination of a three-foot berm and a hedgerow of common lilac. Staff feels the use of deciduous shrub materials will not effectively screen parking areas and recommends that the materials be of a coniferous variety. Architecture The motel will be constructed primarily of face-brick with stucco, glass, and wood dr be used as accent materials. A Staff review of the building elevations estimates •..at approximately 75% of the primary building material will be brick. Stucco and wood trim trill be used as accent features to highlight the building entrance and the window areas. The roof line will be a gabled roof with asphalt shingles. The proponent should provide color samples of the shingles, brick, wood trim, and stucco elements for review. • Super 3 Hotel 4 May 11, 1984 • The west elevation of the building (primary building entrance) is the most interesting and detailed elevation. The center portion of the building entrance extends approximately five feet from the base of the building, which breaks up the overall length. The roof line is also broken by the gabled areas over the building entrance and window areas. The north, south, and east elevations are comparatively less detailed. the south and east elevations will be visible from West 73th Street. • The southern elevation does not contain any windows or doorways, and is primarily • face-brick, stucco, and a wood accent trim. The extent of existing natural • vegetation in front of the building will provide relief to this elevation. The east • elevation of the building would benefit from a continuation of a similar architectural treatment proposed on the v.,est side of the building, such as the • gabled roof projections over some of the window areas and accent materials around the windows. Elevations also indicate air conditioning units adjacent to, or beneath, most of the windows. Staff recommends that these units be flush with the • exterior face of the building. Signage The proponent intends to construct a free-standing sign near the driveway entrance to the site. Current Code requirements for this type of sign would allow up to 30 • square feet of area for the face of the sign and a maximum height of 20 feet. The proposed sign is 72 square feet and 30 feet high. No hardship has been_ • lY substantiated to support the sign height of 30 feet. Staff recommends that the height of the sign comply with the Code requirements. A six-foot high directional • sign is also proposed. Staff suggest that the free-standing and directional signs be combined into one sign. Access to Leona Road Area Though the Leona Road area is totally surrounded by roads, only two offer direct • access to the property--west 78th Street and Highway #109. With the vacation of Titus Road and the completion of Prairie Center Drive, the remaining acreage along Leona Road is serviced entirely off Highway #109. A new access to I-494 along the on-ramp would not be permitted under State and Federal regulations. A connection to Prairie Center Drive would be possible, except that the grades may make such a • connection highly unlikely and economically undesirable. The ring-route exists as a • deep cut of over 40 feet, since it will pass under I-494. To connect Leona Road to this ring-route will require extreme grading and would place the land uses below the elevation of 1-494, which would he undesirable. Since the Comprehensive Guide Plan identifies this general area for regional commercial land use, ultimate and orderly development would require a north/south collector. Titus Road was previously planned as a north/south collector but was vacated in 1932 in exch:mnge for right-of-way and grading easements along Prairie Center Drive, with • the understanding that the City could again require dedication of Titus Road, if necessary, for ultimate and orderly development. Staff recommends that Titus Road ir be dedicated. Prelimina.ry Plat Since no development plans are identified at this time for Lot 2, Staff recommends that the plat show Lot 2 as an outlot. Staff has previously discussed this with the proponent. • Super 8 Hotel 5 May 11, 1984 Pedestrian Systems As part of West 78th Street improvements, the City will be constructing an eight- foot wide bituminous path along the north side, to a point 200 feet west of the entrance to the shopping center. Proponent should extend this path to the west property line and provide an on-site connection from the motel to this pathway. Lighting Proponent has provided a lighting detail. Lighting shall not exceed 20 feet in height and shall be down cast luminars. RECOMMENDATIONS Staff recommends approval of the request for preliminary plat of 5.5 acres into one lot and one outlot and a site plan and zoning amendment on 1.29 acres, subject to the following: 1. Prior to Council review, proponent shall: A. Revise the site plan to utilize the existing curb-cut on West 78th Street and provide for cross-access to the site to the east and to show an eight-foot wide bituminous trail along i.he south property line. B. Revise the landscape plan to show coniferous plantings to screen parking areas from West 78th Street. Relocate coniferous trees to be lost during construction elsewhere on site, or provide a replacement program equivalent to the total height of tree loss. C. Modify the preliminary plat to show Lot 2 as an outlot and to show platting of Titus Road. D. Revise the east building elevations to reflect a similar architectural and material treatment as the west elevation. E. Indicate color of brick, wood stucco, and shingles. 2. Prior to final plat, proponent shall submit detailed stormwater run-off and erosion control plans for review by the Watershed District and City Engineer. 3. Prior to building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Provide plans for review by the Fire Marshall. 4. Obtain Board of Appeals approval for floor area ratio variance. 5. The proponent should provide a design framework manual, which controls for common site planning, access and circulation, architecture, landscaping, screening, lighting, signage, and pedestrian systems prior to further development of the property. ` f"vr 2( J •• APPROVED MINUTES EDER PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION May 21, 1984 • B. Sher 8 Motel Refer to Staff Report dated May 11, 1984 from Michael Franzen, Senior Planner and Chris Enger, Director of Planning. Lambert stated that some trees on this lot will have to be removed, but as many as possible will be retained. He said that he agreed with the staff report and noted that the cash park fee will be paid. MOTION: Breitenstein moved to recommend approval of the Super 8 Motel as per the Staff Report. Schwartz seconded the motion and it carried } unanimously. • • STAFF REPORT ¢¢ TO: Planning Commission FROM: Michael D. Franzen, Senior Planner 1IP100 H: Chris Enger, Director of Planning DATE: May 11, 1934 PROJECT: Min-Tex Business Campus Phase IV i APPLICAt1T/ Min-Tex, Texas General Partnership REQUEST: Site Plan and Zoning Amendment on 6.3 acres land currently Zoned I-2 Park to ac.couodate an office warehouse building of approximately 73,000 square feet [lackaround_ /` I%i7i�i1 78-2i The Comprehensive Guide Plan identi- l 1 �,i fies an industrial land use for this i lA J` LI �j; �� 1, site and surrounding land uses. - ,;-4--1.71 ,rL, 1' ' ' This site is part of the Le Parc /� „_ ? '�.,� v h rhor��. t:_D si t E \ E (}.1 Industrial Park reviewed by the �/ -r I_ + <. Plannin Conanission in 1979. The //�, � �`` ---1 � �'�4 j. planning Corrrnission approved a 1 tc-37', F',11. FAO 1� rezoning from Rural to I-2 Park and ,r�fl,RK li? . KL \ ' 2 is;-� preliminary plat of 35 acres into ;r _: w', Fr;I(I `ll six industrial lots. The prelimin- K in#S _. cry plat. was revised at the time of ,'a r, t it the final plat to reflect only five industrial lots. The overall (level- ��"—wi '.:� I�`�: 1-7 7' opment plan for the Le Parc site { 1 involved approximately 400,000 8O-2 -- " 1-5 P{RK"IrI ' square feet. of off ice/warehouse r . Rtvl-2.5 t 7`�:L7 ' )ul,�/ 12-2 t�1 development. A 70,000 square foot -,�, off ice/warehouse building r,a, plan- ,- 1-2 f(ir( i-��.„( i elned 1 original r overall his site. Since plante t,`� _. 5�'�"1. �'11� 1,involved over 400,000 square feet of fir. ,,i''''.,0 1 .r t ; building area, an Environmental 7`_1 • �. ,•r,� I rY { ''' I Assessment t;orkchc �t ([Ad) was pre- ,/ pared. A finding of no significant :AEG c ....:1....:1NR 1-2 �`.'!I:` I,:4 _.a: ' impact was determined. i '< ,-, { i t 61 ' i_n to , The proponent is submitting a site r CP,2,_ , 1 plan and zoning am ndmont tor Lot 1, --I-: ._.. 80.4} N ! Block 2, to Parc Tn tr i,�1 Park, ' / .'r`" .,_ •.._ involving 7:.: n qu•tre feel of ` ., k,. p r r , f , f oftcce/;•,eii,vtue hei1dinn. this i:c . 1'.,.. ,x�. � :a I: 'if v' ,i.. project is the < th Phase of the Min- a r`s V . • • 'yin-Tex Phase IV 2 May 11, 1984 Tex Business Campus. The Commission reviewed Phase I in the Summer, 1983, and Phase II at the April 23, 1934, meeting. • Site Plan • The site plan involves the construction of a 73,200 square foot office/warehouse building on 6.3 acres of land at a floor area ratio of 0.27. Building and parking areas meet minimum setbacks requirements for I-2 Park zoning. • Access to this site will be by two driveway entrances off of West 70th Street and one driveway entrance off of Shady Oak Road. Staff expects that the easterly driveway access on West 70th Street may become a traffic problem when West 70th Street is ccwpleted to Flying Cloud Drive. In addition, the only driveway access to the property on the north side of West 70th Street is located approximately 350 to • 400 feet back from the intersection of West 70th Street and Shady Oak Road, or • opposite the western r.;cst driveway access to Min-Tex Phase IV. Staff recommends • that the site plan be modified by removing the easterly driveway access on West 70th Street. Grading A minimal amount of site grading work is proposed. There are, however, a series of • •etaining walls along the southern and western property lines. The retaining walls - • are required in order to meet grade changes and accommodate the specific building program within allowable setbacks. The retaining walls on the west side of the property are currently within a City easement. The retaining wall will vary in height between four and ten feet, with 2-1 slopes on the west side of the wall adjacent to the ponding area. The retaining wall should be relocated outside of the • City easement and grades on the western side of the retaining wall should not exceed 3-1. The retaining wall on the south side of the property will vary between four and six feet in height with 2-1 slopes. Staff recommends that slopes on the • southern side of the retaining wall be no greater than 3-1 since it is part of a drainage swale. Storm water run-off will either sheet drain across the parking areas to catch basins connected to an existing storm sewer system in Shady Oak Road, or will sheet drain across parking areas toward concrete spillways, which flow into grass swales and ponding areas. Staff recommends that the concrete spillways be replaced with catch • basins and underground storm sewer pipe. • Parking • For 73,200 square feet of office/warehouse building, Code would require the • provision of 20? parking stalls based upon 3G,600 square feet of office building at five parking spaces per 1,000 square feet of gloss floor area and 36,600 square feet of warehouse area at ono-half space per 1,000 square feet of gross floor area. Total p.r'klug provided is 203 stalls. If figured at three spaces per 1,000 for the • • ( overall building, 220 stalls would be required. If figured at 1/3 office, 1/3 manufacturing, 1/3 wareno+,se, 207 spaces would be required. s l andr.t t lr itt l ' A landscape plan has been submitted depicting the type, size, and arrangement of i plant materials on sit. . A four-foot high berm and shade trees along West 70th [. u/tfU 1 • tin-Tex Phase IV 3 May 11, 1984 • Street and Shady Oak Road should be adequate enough to screen parking areas. Parking along the south property line and parking-loading areas along the west • property line will be visible from public roads. (terming and plantings should be added along the southern and western property lines to screen parking and loading • areas. However, inadequate land area exists in which to accommodate effective ' screening, since parking area, are at minimum setbacks from lot lines and extensive use of retaining walls is required in order to meet grade changes over very short distance. This suggests that addional setback area between parking and property lines will be necessary. Utilities Sewer and water service can be provided to this site by connection to the existing • sewer and water lines in Shady Oak Road. Architecture • The proponent has provided building elevations similar to those previously reviewed • by the Planning Commission for Phase I and Phase iI of Min-Tex Business Campus. Staff recommended that Phase II building elevations be revised, by using different • materials and building projections to help break up the flat, and linear appearance 4. of the building. The proponent should revise building elevations according to these • guidelines. Conclusions The high floor area ratio, use of retaining walls, and inadequate land area for effective screening of parking and loading areas from public roads suggests that • the site plan is too tight. Staff recommends that the site plan be revised according to the following guide lines: 1. Setbacks areas to parking along the southern and western property lines should be a minimum of 30 feet. • 2. Removal of retaining walls from City drainage easements. 3. Since herming may be difficult to achieve adjacent to drainage • swains, buffering can be achieved by intense coniferous plantings along the southern and western property lines to effectively screen parking areas from public roads. • 4. Remove the easterly driveway access to West 70th•Street. 5. Building elevations should be revised to break up the flat and linear appearance by providing for relief, or projections, from the wall of the building. Since the building will he highly visible ,r from shady Oak Road and Post 70th Street., the primary building material should he face-brick and glass. Phr{sing Plan • The C,,,iiseion will ;real] at. a previous meeting that Min-Tex presented a four-phase building plan for approximately 20 acre!.'of laud at the intersection of Shady Oak Rood and Ilying Cloud Drive. Phase I is currently under construction, Phase II was r+!•. • i Min-Tex Phase IV 4 May .11, 1984 • recently approved by the Commission at their last meeting and now the proponent is • submitting development plans for Phase IV. The Staff Report for Phase II identified that the loading areas would be screened from Shady Oak Road by the building construction in Phase III. However, since Phase III plans have not been submitted • at this time and a tentative time frame for construction of Phase III has not been identified, Staff has concern with the visibility of the loading areas from Shady • Oak Road. Staff recommends that the proponent provide a temporary berm to screen loading facilities. Staff recommends that proponent construct a berm of at least ten feet in height at a 3-1 slope and seeded to control erosion. • RECOMMENDATIONS • Staff suggests one of the following alternatives for action: 1. The Commission could recommmend approval of the request for Zoning and Site Plan Amendment based on recommendations in the Staff Report. • 2. The Commission could recommend that the development plans be returned to the proponent for revisions as recommended in the Staff Report. 3. The Commission could recommend denial of the request Zoning and Site Plan • Amendment due to a high floor area ratio, tight site plan, inadequate land • area to -de effectively screen parking and loading areas, and inappropriate building materials and building elevations. • • • • • i1tll • TO: Mayor and Council FROM: John Frane DATE: May 31, 1984 RE: Preliminary approval MIDB'S - Rivett and Rott (Super 8 Motel) - Resolution 84-142 - $1,300,000 The partnership proposes to construct a 60 unit motel on the site of the old Y Motel. The estimated cost of the project is $1,724,000. The motel would employ 10 - 15 persons. The transaction will be a private placement, probably with the First National Bank of Edina. Resolution 84-142 is attached for your consideration. CITY OF P:I)EN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: • Business Name .- Rott-Rivett Developers b. Business Address - P. 0. Box 1456 Aberdeen, Si) 57401 • c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - General partnership d. State of Incorporation or organization - South Dakota p l e. Authorized Representative - Harvey J. Rott • I. Phone - (605) 225-2272 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: • a. Ronald J. Rivctt P. 0. Box 1456 Aberdeen, SD 57401 b. Mr. Harvey J. Rott P. 0. Box 1456 Aberdeen, Si) 57401 C. { -1- • • �.. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Ir .Development, ownership, and operation of Super S Motels. • • • 4. DESCRi1''i'1oN t�Y • a. Location and intended use: Intersection:of Highways 169/212 ' and interstate 494. b. Present ownership of project site: independent Millwork, Inc. , Salaried Profit Sharing .Plan.. • and Trust ca>> ui�:sota 55445 C. Names and address of architect, eny }�cl�. 1� ,2:1,cs geill1�,. contractor: • ames Cooperman and Dissociates Shelard Towers . Minneapolis, MN 55426 5. ESTIMATED PROJECT COST FOR: • Land $ 265,000_-00(- Construction __ ruction Contracts 921750.00 • • Equipment nceuisition and installation* 245,750.00 Architectural and Engineering 35,000.00 —,1..S,000.00 . Legal • 000�)l) Interest during Construction 124,006-.-00_ Bond Reserve 60,60�-0ZI Contingencies 24,000.00 Loan Fees --1,S W 0o Other — 1 Total $1,724,000.00 *Heating and air conditioning should be included as bui.ldi.ng`conts. ' Indicate the kind of equipment to be acquired here. Information previously furnished to you. • • 6. BOND ISSUE - • 4 • • a. Amount of proposed bond issue - • $1,300,000.00 . • b. Proposed date of sale of bond - • Jute, 1984 • • c. Length of bond issue and proposed maturities - 15 years d. Proposed original purchaser of bonds - i First Bank Edina. . Edina, Minnesota e. Name and address of suggested trustee - • First Bank Edina, •Trust Department Edina, Minnesota f. Copy of any agreement between Applicant and original purchaser - • See April 16, 1984, commitment letter from First Bank • Edina which is attached hereto. • g. Describe any interim financing sought or available - If necessary, interim financing available from First Bank Edina. • h. Describe nature and amount of any permanent financing in addition to bond financing - Equity contribution pursuant to April 10, 1984, First Bank Edina letter. 7. BUSINESS PROFILE - a. Are you located in the City of Eden Prairie? Nu • b. Number of employees in Eden Prairie? • ! i. Before this project: None -3- C. ii. After this project.•,• 10-15 c. Approximate annual sales — $514,708.00 d. Length of time in business 1974 _ — in Eden Prairie Not applicable e. Do you have plants in other locations? If so, where? There are 192 Super 8 Motels open in the United States and Canada, and Rott-Rivett Developers have Super S Motels in Austin, Minnesota, Faribault, Minnesota, and Albert .Lea, Minnesota. • t( I. Are you engaged in international trade? • No • S. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): • • • a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "re7o;;ted per:;on" within the meaning, of Section 103(b)(6) of the Internal Revenue Code. Ilarvcy .1. Roth: Ronald J. RI vett: Hary --- Ro West Aberdeen Super S Motel, Inc. Far:ihault Super 8 Motel, Inc. Aberuecn, South Dakota Paribault, Minnesota Farib; sl'. Super ; Motel, Inc. Austin Super ti Motel , Inc. Fa ibault , Minnc'sota • Austin, Minnesota • Austin Super 8 Motel, Inc. • Austin, Minnesota • Crystal Lake Super 3 Motel , Inc. Crystal lake, Illinois Sider S Office Building• • • AD. rdecn, ;;euth Dakota 4— • • • • b. List all citins in which the Applicant has requested industrial revenue development financing. None other than as set forth previously. • c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. None • • d. list any city in which the Applicant has been refused industrial development revenue financing. None • • • • e. List any city (and the project name) whore the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None • • -5- 12,t-'1 . (: ''�, - f. IS Applicant has been denied industr1slidentif�cdnt II revenue financing in any other city for the fiedal in (d) or (c), specify the reason(s)ofocthes eni i and the name(:;) of appropriate city have knowledge of the transaction. • i None • 9. NAMES AND ADDRESS OF: a. Underwriter (If public offering) Not applicable. b. Private Placement Purchaser (If private placement) First Bank Edina Edina, Minnesota i. If lender will not commit until City hasi.ng passed its preliminary resolution appr oving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate approval and approval of the Commissioner of Securities. ( • ^ti_ • b. Bond Counsel - John D. Kirby Dol'Sey t; Whitney 510 North Central Life 'Power St. Paul, Minnesota 55101 c. Corporate Counsel - Ir. Harvey C. Jewett Siegel, Barnett t; Schutz P. 0. Box 490 Aberdeen, South Dakota 57401 • d. Accountant - Undetermined on this date. 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - may, 1984 b. Construction completion - September, 1984 ( • FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial or waiver of anym liedly On �. Development bond financing does not expressly or imp3 ied y constitute any approval , variance, building, y othervi rule or requirement relating to any zoning, otherr e w or ordinance of the City of Eden Prairie, or any applicable to the property included in this project. ROTT-RIVL'P'f Itl_VEI.OPCRS,_'1 P'11l1"rcldrip Applicant / ---2 (6:1-_______ 13)t 11 rey J . 1 of , Partner • :lrril ,-i9Sd------ j Da.�e -7- • 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT a. Property is zoned - b. Present zoning (is) (is not) correct for the intended use. c. Zoning application received on w�'ich is correct fo • for r the intended use. d. Variances required - • • City Planner • -8- • i -i1•. s''t nk' • , . ! s • �• Edina • I,t First Ecina NaSsn,d Ban( 4100 West Sulu Sot•Edna.MN 55424•512,925.7300 • Vernon Avenue OSice . 5116 Vernon Avenue•Emna,MN 55435•012•925•7400 April 16, 1984 • Harvey Rott Eden Prairie Super 8 Motel Eden Prairie, Minnesota 55344 • Dear Harvey: Based on your representation of the prospused development, The Eden Prairie Super B Motel, I would like to set forth the following as First Bank Edina's proposed financing package. This is a listing of the basic terms and con- ditions of the Industrial Development Bond. This entire transaction will be subject to normal loan underwriting requirements. • BORROWER A partnership consisting of Harvey Rott and Ronald J. Rivett. 1 • _ AMOUNT 51,200,000 to 51,300,000. • TERM 240 months/windows in years 3,6,10, and 15. RATE 10.75%, tax exempt for 36 months, then adjusted to .75% in excess of the 182 day Treasury Bill, adjusted annually. In the event the issue is declared taxable the rate will fix at 13.5% for the balance of the three year period. • FEES $32,500. SECURITY First real estate mortgage on the proposed development, furniture, fixtures, and equipment. GUARANTY 100% by Harvey Rott and Ronald J. Rivett and Eden Prairie Super 8 Motel, Inc. • The final costs and loan amount will be determined via a sworn construction statement with an appraisal acceptable to First BankxEdina. Equity ty contri- butions provided by the partner will equate to app' Y ject cost and the ratio of the loan amount to the appraised value shall be 70% or less. • . I was speaking with our bank counsel concerning this project. They suggest that one thing we may want to obtain is a letter from the City of Eden Prairie stating that if Industrial Development Bonds, as provided for under a new law, ( are allocated to cities on the basis of population or some other indicator, your development will be one of those entitled to the first of the allocated • dollars• i thought I would throw this out, we can discuss it at more length as we proceed tel the project. • ,•. .;I co- - I Air it Harvey Rott Eden Prairie Super 8 Motel • April 16, 1984 • Page Two I am looking forward to working with you on this project and meeting Ron. Siticerely, ;Thomas L. Hansen Assistant Vice President TLH/jeg • r ! J 1`.1 • After some discussion, Member introduced the following Resolution and moved its adoption: RESOLUTION NO. 07l/56— RESOLUTION GRANTING PRELIMINARY APPROVAL AND DETERMINING TO PROCEED WITH A PROJECT AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the Municipality) , as follows: SECTION 1 Recitals "and Findings 1.1. This Council has received a proposal that the Municipality finance a portion or all of the cost of a proposed project under. Minnesota Statutes, Chapter 474 (the Act) , consist- ing of the acquisition of land and the construction and equipping thereon of a 60 unit motel (the Project) by Rott-Rivett Developers, a South Dakota partnership (the Borrower) . The Project would be located at the intersection of 78th Street and Highways 212/169 in the City. 1.2. At a public hearing, duly noticed and held on , 1984, in accordance with the Act, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to said proposal. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and develop- ment of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State of Minnesota has encouraged local government units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Act. 4 (c) The existence of the Project would add to the tax base of the Municipality and the County and School District in which the Project is located and would provide increased opportunities for employment for residents of the Municipality and surrounding area. (d) This Council has been advised by representa- tives of the Burrower that, on the basis of their discussions with potential buyers of tax-exempt bonds, revenue bond, of the Municipality (which may be in the form of a commercial development revenue note or notes) could be issued and sold upon favorable rates and terms to finance the Project. (e) The Municipality is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Borrower, and the issuance of such bonds by the Munici- pality would be a substantial inducement to the Borrower to acquire and construct the Project. SECTION 2 Determination to Proceed with the Project and its Financing 2.1 It is desirable for the Municipality to issue its revenue bonds under the provisions of the Act to finance the Project in an estimated total amount of $1,300,000. 2.2. It is hereby determined to grant preliminary approval to and to proceed with the Project and its financing, and this Council hereby declares its present intent to have the Municipality issue its revenue bonds under the Act to finance the Project. Notwithstanding the foregoing, however, the adoption of this resolution shall not be deemed to establish a legal obligation on the part of the Municipality or its City Council. to issue or to cause the issuance of such revenue bonds. The Municipality retains the right in its sole discretion to withdraw from participation and, accordingly, not issue the revenue bonds should the Municipality at any time prior to the issuance thereof determine that it is in the best interest of the municipality not to issue the revenue bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. All details of such revenue bond issue and the provisions for payment thereof shall be subject to final approve] of the Project by the Minnesota Energy and Economic Development Authority and may be subject to such further condi- ( tions as the Municipality may specify. The revenue bonds, if issued, shall not constitute a charge, lien or encumbrance, legal. or equitable, upon any property of the Municipality, except the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof and shall not constitute a debt of the Municipality within the meaning of any constitutional or statutory limitation. 2.3. The Application to the Minnesota. Energy and Economic Development Authority, with attachments, is hereby approved, and the Mayor and City Clerk are authorized to execute said documents in behalf of the Municipality. SECTION 3 3.1. If the revenue bonds are issued and sold, the Municipality will enter into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Borrower. The lease rentals, installment sale payments, loan payments or other amounts payable by the Borrower to the Municipality under the Revenue Agreement shall be sufficient to pay the principal, interest and redemption premium, if any, on the revenue bonds as and when the same shall become due and payable. A 3.2. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the Municipality in connection with the Project, whether or not the Project is approved by the Energy and Economic Development Authority, whether or not the Project is carried to completion and whether or not the Municipality by resolution authorizes the issuance of the revenue bonds, shall be paid by the Borrower on request. 3.3. All commitments of the Municipality expressed herein are subject to the condition that within twelve months of the date of adoption of this resolution the Municipality and the Borrower shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this resolution shall expire and be of no further effect. Ar 3.4. Pending Legislation. This Council is aware that legislation, including the Tax Reform Act of 1984, HR4170, is pending before Congress that would restrict the terms and conditions upon which industrial development bonds may be issued after January 1, 1984 and bear interest exempt from federal income taxation. In approving the issuance of the Note by this resolution, this Council does not intend to use, and specifically disclaims using, any portion of an allocation to issue "private activity bonds" or industrial development bonds that may be granted or available to the City under such pending legislation. The Obligor will acknowledge in the Loan Agreement the pendency of such legislation and the provisions of this Section 6. Adopted this day of - , 1984. s. • Mayor Attest: City Clerk ) (SEAL) • • 3 JUrJ' 5,1984 13 ,, VOID OUT CHECK 120.00 13791 WESTERN LIFE INSURANCE CO INSURANCE 732.20 13792 PHYSICIANS HEALTH PLAN INSURANCE 11128.73 13793 GROUP HEAL1I3 PLAN INSURANCE 1622.20 13794 FRANKS NURSERY TREES-STREET DEPT 49.98 13795 AMY SODERQUIST REFUND-EXERCISE CLASSES 12.00 13796 CLAUDIA WAGNER REFUND-EXERCISE CLASSES 25.50 13797 MARY PEDERSON REFUND-EXERCISE CLASSES 17.00 13798 RALPH KRATOCHVIL INSTRUCTOR-FITNESS CLASSES/FEES PAID 8.00 13799 PETTY CASH-P/S EXPENSES 34.02 13300 SANDY WERTS APRIL MILEAGE 95.73 13801 VOID OUT CHECK 0.00 13802 PRIOR WINE CO WINE 46.70 13803 CD PHILLIPS & SONS CO LIQUOR 2763.85 13804 EAGLE WINE CO WINE 68.7/ 13805 QUALITY WINE CO LIQUOR 977.23 13806 TWIN CITY WINE CO WINE 168.41 13807 CAPITOL CITY DISTRIBUTING CO WINE • 238.97 13808 INTERCONTINENTAL PACKAGING WINE 98.36 13309 GRIGGS COOPER & CO INC LIQUOR 1868.48 13810 JOHNSON BROTHERS WHOLESALE LIQUOR 2127.40 13811 FEDERAL RESERVE BANK PAYROLL 5/11/84 16988.67 13812 COMMISSIONER OF REVENUE PAYROLL 5/11/84 8833.56 11 913 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 5/11/84 12637.99 1 AETNA LIFE INSURANCE & ANNUITY PAYROLL 5/11/84 114.00 1. ±5 MINNESOTA STATE RETIREMENT PAYROLL 5/11/84 35.00 13816 GREAT WEST LIFE ASSURANCE PAYROLL 5/11/84 4108.00 13817 UNITED WAY OF MINNEAPOLIS PAYROLL 5/11/84 110.75 13818 INTERNATIONAL UNION OF OPERATING MAY DUES 570.00 13819 PERA PAYROLL 5/11/84 15718.69 13820 KAHWKE BROTHERS INC SERVICE-EDENDALE RETIREMENT 2169.00 13821 UNITED FIRE FIGHTERS ASSOC , DUES 50.00 13822 SOUTHWEST SNOWMOBILE TRAILS SERVICE 6993.4f; 13823 UNIVERSITY OF IO'JA REGISTRATION-WATER DEPT 250.00 13824 A I S MOWER BLADES-STREET DEPT 77.01 13325 ADVENTURELAND INN EXPENSES-WATER DEPT 117.00 13826 I R S FEE-LIQUOR STORE 108.00 13827 RANDY BOLSINGER SERVICE-SOUTHOALE YMCA 5000.00 13328 RANDY KANITZ REFUNO-GARDEN CLASSES 4.00 13829 U S POSTMASTER STAMPS-POLICE DEPT 500.O0 13330 HOPKINS POSTMASTER POSTAGE 40,00.00 13831 D:ANA GIBBS PACKET DELIVERY-MAY SERVICE 57.0.E 13332 PETTY CASH EXPENSES-COMMUNITY CENTER 39.OI 13833 ED PHILLIPS & SDNS CO LIQUOR 4003.8/ 13334 JOHNSON BROTHERS WHOLESALE LIQUOR 569.93 13335 QUALITY WINE & SPIRITS LIQUOR 1026.O0 13836 PRIOR WINE CO WINE 302.46; • 13337 INTERCONTINENTAL PCKG WINE 275.91 y';R GRIGGS COOPER & CO INC LIQUOR 1523.30 ! ,9 WIN CITY ',DINE CD WINE 367.56 13340 EAGLE. WINE CO WINE 446.61 13811 I OERSON GARDEN SHOPPE FLOWERS-P/S BUILDING 113.3,, 13812 101 PH KRA{ CHVIL INSTRUCTOR-FITNESS CLASSES/FEES PAID 18.0`1 13813 CD"'11SSI0NLtt Oi" REVENUE APRIL SALES fAX 10435.6 13844 MI DCENTLRS HEALTH PLAN INC INSURANCE 5529.5'.• V ( 13845 ANOERSON GARDEN SHOPPE FLOWERS-PIE BUILDING 46.41 13346 UNIVERSITY 1N MT!>flSO(A SOIL TESTS-PARK PLANNING 20.00 413 67 MINNESOTA DIPAR1MENI OF P/S MOTOR VEHICLE REGISTRATION 20.00 1- PETTY CASH EXPENSES-COWM UNITY CENTER 75.00 13,49 MY CHEESE SHOP EXPENSES-POLICE DEPT 554.00 13650 EDLN PRAIRIE LIONS FEE-COMMUNITY SERVICES 35.00 13851 DOUGLAS EDWARD ANDREWS FIREMAN CALLS 552.00 13352 CURTIS MANLEY BERGQUIST FIREMAN CALLS 702.00 13853 MICEEAEL THEODORE BOSACKER FIREMAN CALLS 314.00 13854 LANCE MICHAEL BRACE FIREMAN CALLS 528.00 13855 DUANE J CABLE FIREMAN CALLS 202.00 13856 JAMES GORDON CLARK FIREMAN CALLS 476.00 13857 SPENCER LEE CONRAD FIREMAN CALLS 804.00 13858 PATRICK STANLEY DADY FIREMAN CALLS 224.00 13859 GENE EDWARD DAHLKE FIREMAN CALLS 278.00 13860 RICHARD RAYMOND DEATON FIREMAN CALLS 682.00 13861 ROBERT D DOLE FIREMAN CALLS 344.00 13862 FRANK PAUL ELLERING FIREMAN CALLS 264.00 13863 LORI ANN EARNING FIREMAN CALLS 522.00 13864 CHUCK ANTHONY FERN FIREMAN CALLS 890.00 13865 WALTER SMALLWOOD FIELDS FIREMAN CALLS 748.00 13866 CHARLES A GOBLE FIREMAN CALLS 578.00 13867 ROBERT RICHARD GRANT FIREMAN CALLS 510.00 13868 JOHN KENNETH HACKING FIREMAN CALLS 1068.00 13869 FREDRICK K HAFFNER FIREMAN CALLS 472.00 13870 JOHN THOMAS HOBBS FIREMAN CALLS 828.00 13871 GENE A JACOBSON FIREMAN CALLS 771.00 1 ' WALTER CHARLES JAMES FIREMAN CALLS 500.00 11 DUANE LEWIS JOHNSON FIREMAN CALLS 324.00 13874 RONALD OLE JOHNSON FIREMAN CALLS 1128.00 13875 MARVIN ALLEN LAHTI FIREMAN CALLS 470.00 13876 M E LANE JR FIREMAN CALLS 336.00 13877 JAMES WILLIAM LINDGREN FIREMAN CALLS 346.00 13878 ROBERT PAUL LISTIAK FIREMAN CALLS 486.00 13879 LOWELL DENNIS LUND FIREMAN CALLS 646.00 13880 JAMES LEE MATSON ' FIREMAN CALLS 420.OD 13881 PHILIP GEORGE MATHIOWETZ FIREMAN CALLS 826.00 13882 GARY LEE MEYER FIREMAN CALLS 930.00 13883 RAY I MITCHELL FIREMAN CALLS 626.00 13884 THOMAS MONTGOMERY FIREMAN CALLS 728.00 13885 CURTIS REED OBERLANDER FIREMAN CALLS 1250.00 13886 JOHN EDWARD PAFKO FIREMAN CALLS 720.00 13837 DOUGLAS LEE PLEHAL FIREMAN CALLS 1000.00 13388 JOHN DAVID RIEGERT FIREMAN CALLS 594.00 13339 STANLEY A RIEGERT FIREMAN CALLS 7.60.00 13390 JOEL E RIGGS FIREMAN CALLS 37 6.00 13891 JOHN DAVID ROCHFORD FIREMAN CALLS506.00 13892 MICHAE 826.00 JDUN ROGERS FIREMAN CALLS 8 6.00 26 00 13393 NORBERT HENRY ROGERS FIREMAN CALLS 13394 TIMOTHY PAUL RUST FIREMAN CALLS 15 152.00.00 13395 TIMOTHY ALLEN S;ATHER FIREMAN CALLS 606.00 13396 CHARLES SCHAITBERGER FIREMAN CALLS 292.00 I ' HARI' Y SCHMIDT FIREMAN CALLS 1....I JOHN TULODORE SCHEIDERICH FIREMAN CALLS 330.00 2883741 1 558.00 .3899 GERALD MATUEW SCHWANKL FIREMA CALLS 638.005 FIREMAN CALLS 374.00 .3900 JOHN ALSENS SKNSL'N FIREMAN CALLS 378.00 .39' JOHN UGE ALRH MOND SI FIREMAN CALLS 378.00 139 V THOM SD TEPPEE 276.00 13903 VERNONE 'i0 TII'J�4A5 STEPPE FIREMAN CALLS • FIREMAN CALLS 830.00 13904 MARCCOLEWIS THIELSUTTOM FIREMAN CALLS 970.00 13905 WAYNER 'W E1TUNN FIREMAN CALLS 266.004 13907 STEPHEN EPHEN JH TURNER FIREMAN CALLS 348.00 1390 JOHN WHITE FIREMAN CALLS 4 . 0 13903 AH&U WELDINGDEFOREST MW GSCSTEEL-PARK MAINTENANCE 35.402 13909 & H IO & t0NG COS 73 . 0 SERVICE 13910 AT & T INFORMATION SYSTEMS SERVICE 768.00 1391113912 AT & T NNES0TATINSYSTEMS DESK & FILE-BUILDING DEPT 189.68714 3 A PRODUCTS INCORPORATEDA INCC22.50 13913 AMI PRODUCTS $ERVICEIC MOTOR FOR SANDER-STREET DEPT118.50 13914 Al4ERICAN NATIONAL BANK LAB SUPPLIES-WATER DEPT 5 13915 EARL 1608.05 31.53 13916 LEJIL F LONNIEEANDE & ASSOC INC STREETSON TERS-COMMUNITY CENTER 249.00 13917 LEI SMANACTURINGTRUCK 13918 ARMOR MANUFACTURING & SALES TOPPER-STREET CT 2940.00 36.00 139 ARMOR SECURITY VC TREE REMOVAL .00 139201 ASHLEYSOCITREE SERVICEGRA PRINT SUMMER PROGRAMS 47.00 13921 ASSOCIATED LITHOGRAPHERS INC 13922 ASSOCIATED WELL DRILLERS INC PIPES-PARK PLANTS-ASSISTANT -FORESTRY 1 3 13923 BAILEYtlS TREES-P/S BUILDING 284.0052384. 139245 BAILEY NURSERIES INC 13925 BENNETT RINGROSE WOLSFELD JARVIS _ANDERSONttL.AKEEPARKWAY/SHADY TECHNOLOGY RDDRIVE/ (` -FLYING CLOUD DRIVE SIGNALS/PRAIRIE CENTER DRIVE 0.00 0 13926 BERGIN AUTO BODY UTILITY BOXES PAINTED-WATER DEPT 1100.DO 13927 DENIS BILLMEYER SOFTBALL OFFICIAL/FEES PAID 130.00 00 13928 CITY OF BLOOMINGTON MARCH ANIMAL IMPOUND SERVICE 50.00 13929 BLOOMINGTON LOCKSMITH COMPANY KEYS-POLICE DEPT 823.90 13930 BITTERBILT WIRE BASKETS/BURLAP BAGS-FORESTRY DEPT 54.00 13931 LOIS BOETTCHER SERVICE-PARK & RECREATION MEETINGS 59.24 13932 BOYER FORD TRUCKS INC VALVE/CHOKE/BEARINGS-EQUIPMENT MAINTENANCE7.50 13933 DEBBIE BORTON REFUND-SWIMMING CLASSES 13934 BRAUN ENGINEERING TESTING INC SERVICE-PRAIRIE CENTER DRIVE 1993.00 19 . 0 13935 BRO-TEX INC TOWELS-STREET DEPT 147.95 13936 BROWN PHOTO -FILM PROCESSING-POLICE/WATER/ENG/FILM- WATER DEPT $115.25400.00 13937 J E BURKE COMPANY 6 PLAYERS BENCH LEGS-PARK MAINTENANCE 200.00 13938 BORTON EQUIPMENT INC ASSEMBLE STEEL SHELVES-POLICE DEPT 245.00 TYPING TABLE-POLICE DEPT 0 13939 BUSINESS BAR INC SUPPLIES-LIQUOR STORE 325.5540.00 1394013941 STEVES ADY SUPPLY HOCKEY OFFICIAL/FEES PAID 0.00 ? STAVE LADY MILEAGE-PARK PLANNING 889.45 13943 STEPHEN ORPORAL CARBON DIOXIDE-WATER DEPT 5 13944 CA0DCX CORPORATIONSAI 68.008.0 13944 C 0 CARI.StlE AIR CONDITIONING CO AO�PTI�PS/PDIPES/SOCKET-WATERPDEPTInTENANCE 2 13945 CHAPINtr UBLI!DING CIS107.1007. 13a»6 Cit,APIN PUBLISHING COMPANY LEGAL ADS-FLYING CLOUD DRIVE & SHADY OAK i( ' C1IEMLAWN LAWN SERVICE-WATER & POLICE DEPT 450.67 65 1,).t8 CLUTCH & U-JOINT BURNSVILLE INC SIDE GEARS/PINION GEARS/OIL SEAL/U-JDINT 7701375 13949 COMMISSIONER OF TRANSPORTATION SERVICE-PRAIRIE CENTER DRIVE 225.77 13950 CONWAY FIRE & SAFETY INC REPAIR BREATHING AIR TANK-FIRE DEPT 40.00 13951 COPY EQUIPMENT INC VE.LLUF1/BLUELINE-PARK PLANNING & PLANNING 82.74 I '`' DAN COROT REFUND-SWIFMING CLASSES 11.00 1A.., BRIAN COVET REFUND-SKATING CLASSES 10.00 13954 CROSSTOWN LAMINATING CHARTS-WATER DEPT 2.85 13955 CROWN RUBBER STAMP CO DESK SIGNS-ASSESSING DEPT 22.73 13956 CROWN RUBBER STAMP CO STAMP-POLICE DEPT 18.15 13957 CURLE PRINTING COMPANY INC BUSINESS CARDS-ASSESSING DEPT 35.00 13958 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 3522.67 13959 DALCO -CLEANING SUPPLIES-COMMUNITY CENTER & PARK 107.00 MAINTENANCE 13960 DANIELS STUDIO POLICE DEPT PHOTOS 185.60 13961 DAVIES WATER EQUIPMENT CO 6 TESTING METERS/GASKET-WATER DEPT 382.67 13962 RICHARD DEATON EXPENSES-POLICE DEPT 91.15 13963 DONS SOD SERVICE SOD-COMMUNITY CENTER 246.50 13964 DOYLE LOCK CO BUILDING KEYS-POLICE DEPT 24.62 13965 DRI INDUSTRIES AIR GUN/SOCKET HEAD SET-STREET DEPT 134.97 • 13966 DRISKILLS SUPER VALU #2 SUPPLIES 36.78 13967 DURO-TEST CORPORATION LIGHT BULBS-LIQUOR STORE • 128.31 13968 DUSTCOATING INC OIL ROADS-STREET DEPT 9274.00 13969 JOY EASTMAN APRIL & MAY MILEAGE 73.77 13970 EAU CLAIRE COUNTY WITHHOLDING FROM EMPLOYEE PER CDURT ORDER 3.00 13971 CITY OF EDINA APRIL TESTS-WATER OEPT 121.00 13972 C T ELIASON PAINTING & DECORATING PAINT/THINNER-COMMUNITY CENTER 39.57 13973 ELVIN SAFETY SUPPLY INC APRONS/HEADGEAR/EYE WASH-WATER DEPT 48.34 13974 EMERGENCY SERVICE SYSTEMS INC -INSTALL RADIO & SPOTLIGHT IN SQUAD CAR/ 1819.77 - EMERGENCY LIGHT/SIREN SWITCHING SYSTEM 1 • EMPIRE-CROWN AUTO INC -FLOOR MATS FOR SQUAD CARS/MUD FLAPS/ 101.76 MIRROR/PAINT-STREET DEPT 13976 RON ESS HOCKEY OFFICIAL/FEES PAID 150.00 13977 EXIDE BATTERY SALES BATTERY-STREET DEPT 45.44 ' 13978 CHARLES FAUST SERVICE-COMMUNITY CENTER 210.00 13979 FEED-RITE CONTROLS INC SULFATE-WATER DEPT 3802.00 13980 CHRIS FLECK SUPPLIES-SENIOR CENTER 4.98 13981 FLOOR CARE SUPPLY CO CLEANING SUPPLIES-COMMUNITY CENTER 34.15 13992 FLOYD SECURITY SERVICE ALARM SYSTEM-LIQUOR STORE 36.00 13983 FORKLIFT & EQUIPMENT SERVICES INC REPAIR PALLET TRUCK-WATER DEPT 63.48 13984 JOHN FRANE APRIL/MAY/JUNE EXPENSES 498.00 13985 FRANZ ENGINEERING REPRODUCTIONS I SUPPLIES-ENGINEERIG DEPT 346.22 13986 G L CONTRACTING INC -TWO INCH CURB STOP BOX/FIRE HYDRANT 1595.82 -REPLACEMENT & PESTORATION-FULLER ROAD/ PARTRIDGE CIRCLE/ROUND LAKE ROAD 13987 GENERAL COMMUNICATIONS INC RADIO REPAIR & PARTS 2830.49 13988 B F GOODRICH TIRE CENTER 10 TIRES-EQUIPMENT MAINTENANCE 387.62 13989 GOPHER STAGE LIGNTING INC RENT SPOTLIGHTS-COMMUNITY CENTER . 120.00 13990 GREENKEEPER INC ADDITION TO LAWN IRRIGATION-P/S BUILDING 450.00 13991 HACH COMPANY FLUORIDE-WATER DEPT 191.55 13992 JACK HACKING EXPENSES 42.00 13993 MICHAEL W HAMILTON SOFTBALL OFFICIAL/FEES PAID 75.00 13994 KARIN HARRIS INSTRUCTOR/EXERCISE CLASSES/FEES PAID 388.80 • 13995 HAYDEN-MURPHY EQUIPMENT CO AIR FILTER-STREET DEPT/RENT RAMMER-WATER 161.20 4,06 FINANCE MANAGER/FEE CASHIER SERVICE-VOTER REGISTRATION CARDS 533.02 1 7 HENNEPIN COUNTY APRIL BOARD OF PRISONERS 6141.75 3489724 I)::0 13998 UFNNEPIN 0000TY HALF SECTION MAPS-ENGINEERING DEPT 125.00 13999 MARK S IILRI'INN HOCKEY OFFICIAL/FEES PAID 100.00 14000 NOBCO INC SERVICE-RESTORATION OF CUMT1INS-GRILL HOUSE 4380.Gi) • 141 II0LMSTEN ICE RINKS INC VALVES/01L/VCNTLINE ENCLOSURE TUBES-C/C• 1538.70 141. - ANNETTL mUUtARGI SOFTBALL OFFICIAL/FELS PAIO 12.50 14003 DONNA HYATT EXPENSES-POLICE DEPT 9.79 14004 IMPERIAL INC EQUIPMENT PARTS-WATER DEPT 60.70 14005 IMPRESS COMPANIES BUSINESS CARDS-POLICE DEPT 4.00 14006 1NFORP1ATION PUBLISHERS INC ADS-LIQUOR STORES 305.00 14007 ICMA DUES 480.2o 14008 PETER W JACKSON HOCKEY OFFICIAL/FEES PAID 525.00 14009 MRS ELAINE M JACQUES STRAW BALES-PARK MAINTENANCE 22.50 14010 ST JAMES HOTE1. OF RED WING EXPENSES-COMMUNITY SERVICES 367.54 14011 JIMS PLUMOING SERVICE REFUN)) PLUMBING PERMIT 96.50 14012 KAMAN BEARING & SUPPLY CORP BEARINGS FOR SANDER-STREET DEPT 148.75 14013 KOKESH ATHLETIC & GOLF SUPPLIES I HOWE PLATES/PITCHING PLATES-PARK MAINT 173.8754.30 14014 KROY INC TAPE-POLICE DEPT 14015 LAHASS MFG & SALES INC 2 TOOL BOXES-WATER & STREET DEPT 414.00 14016 LANCE SUPPLIES-LIQUOR STORES 14017 LANO OF LAKES TILE CO TILE FOR OUTSIDE WADING POOL-COMMUNITY CTR 1120.00 14018 LANG PAULY A GREGERSON LTO MARCH LEGAL SERVICE 12939.64 14019 LARSEN ENGINEERING OASH LIGHTS/LIGHT BULBS-POLICE OEPT 178.80 14020 LAYNE MINNESOTA COMPANY OIL/CHLORINATOR-WATER OEPT 325.19 14021 LEAGUE OF MIr'NESOTA CITIES BOOKS-ASSISTANT MANAGER 35.00 14022 VIRGINIA LEDFORD SERVICE-PRAIRIE CENTER ORIVE 295.00 14023 LEEF BROS INC COVERALLS/RUGS/DUSTMOPS-WATER DEPT 133.55 14024 ROGER A LIND HOCKEY OFFICIAL/FEES PAID 450.00 125 LINHOFF OUPLICATE SLIDES-PARK PLANNING 8.54 LOGIS APRIL 84 SERVICE 2919.65 0,7 TERRY LOVAASEN INSTRUCTOR/SCUBA CLASSES/FEES PAID 680.00 : 14028 LYMAN LUMBER COMPANY LUMBER-PARK MAINTENANCE 194.19 14029 MACQUEEN EQUIPMENT INC -TWO BROOMS FOR SWEEPERS/BEARINGS/SPRING/ 764.10 CABLE-EQUIPMENT MAINTENANCE 225.00 14030 RANDY MASON HOCKEY OFFICIAL/FEES PAID 0.250 14031 . 14ATTS AUTO SERVICE INC TOWING SERVICE 2 2 . 0 14032 MEDICAL OXYGEN & EQUIP CO ' OXYGEN-STREET DEPT 14033 METRO ALARM INC REPAIR ALARM SYSTEM-POLICE OEPT 2 48.008.00 14034 METRO PRINTING INC FORMS-TREE REMOVAL 14035 METROPOLITAN FIRE EQUIPMENT CO CHEMICALS-FIRE DEPT 52.85 14036 METROPOLITAN WASTE CONTROL COMMIS APRIL 84 SAC CHARGES 34922.25 14037 MIDWEST ASPHALT CORPORATION BLACKTOP 1521.87 14038 MINNEAPOLIS AREA CHAPTER FILM RENTAL-COMMUNITY CENTER 225.00 14039 MPLS ST PAUL METRO AIRPORT COMMIS ATHLETIC FIELD RENTAL-PARK OEPT25.00 6040.00 14010 MINNESOTA DEPARTMENT OF P/S COMPUTER RENTAL-POLICE OEPT 14041 MINNESOTA GAS COMPANY SERVICE 52 14042 MRPA EMPLOYMENT AO-COMMUNITY SERVICES .01 35.00 14013 MINNESOTA STATE TRESURER FIREARM SAFETY CERTIFICATES 35.25 14044 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE • 935.25 14045 MINII.SOTA VALLEY LANDSCAPE INC TREES-FORESTRY DEPT 75 00 • 14016 GREGORY J MUELLER SOFTUA1.1. OFFICIAL/FEES PAID 14017 11U11C.IPAL (NO)INANCE COIIIFIERS INC REVISIONS TO CITY CODE BOOK 2911.00 14048 NATIONAL FIRE PROTECTION ASSOC DUES-FIRE DEPT 62.50 u1 �':9 NAIIOKAL GEOGRAPHIC SOCIETY SUBSCRIPTION-POLICE OEPT 18.7s 7� 0 NATIONAL RECREATION A PARK ASSOC DUES-CUMIUN1TY SERVICES 110.00 7659924 14051 NATURAL GREEN INC REPAIR SPRINKLER SYSTEM 971.00 1405Z GREGG oris IN NAVEL INC SCHOOL-POLICE DEPT 291.00 14'�=s JEFF NELSON SOFTBALL OFFICIAL/FEES PAID 50.00 14 NORTHERN STATES POWER COMPANY SERVICE 4.29 14 J, NORTHERN STATES POWER CO SERVICE 27269.3? • 14056 NURTMWID ELECTRIC SUPPLY CO ELECTRICAL SUPPLIES-POLICE DEPT 18.49 14057 ITORTHWTSIFRN BELL TELEPHONE CO SERVICE 3684.86 14058 HARRY H ORIENT SOFTBALL OFFICIAL/FEES PAID 300.00 14059 CLIFFORD PATTERSON SOFTBALL OFFICIAL/FEES PAID 37.50 14060 CONNIE L PETERS APRIL MILEAGE 15.00 14051 PHYSICIANS DESK REFERENCE BOOK-POLICE DEPT 23.95 14052 HARRY E PIMA FLOWER PLANTS-PARK MAINTENANCE 225.00 14063 PITNEY BO'WES EQUIPMENT RENTAL-POSTAGE METER 59.25 14064 PNEU:4ATIC CONTROLS INC FILTERS-COMMUNITY CENTER 20.46 14065 POWER BRAKE EQUIPMENT CD BACK UP ALARMS-STREET DEPT 238.20 14066 PRECISION BUSINESS SYSTEMS INC TAPE RECORDER-ASSISTANT MANAGER 266.00 14067 REALTY CENTER REFUND-OVERBILLED WATER & SEWER ACCT 32.97 14063 RIEKE-CARROLL-MULLER ASSOCIATES I SERVICE-DELL ROAD STUDY/VALLEY VIEW RD 806.68 14069 ROGERS SERVICE REPAIR ALTERNATOR-EQUIPMENT MAINTENANCE 145.55 14070 WENDY WELLNITZ-RUEN REFUND-PRE NATAL CLASSES 3.00 14071 SAILOR NEWSPAPERS ADS-LIQUOR STORES 108.00 14072 ST CROIX RECREATION CO 2 PLAYGROUND STRUCTURES 9000.00 14073 ST PAUL STAMP WORKS INC DOG TAG LINKS-FINANCE DEPT 9.35 14074 WAYNE SANDERS EXPENSES-BUILDING DEPT 12.75 14075 REID SAREMPA REFUND-DIVING CLASSES 10.50 14076 SAY ELECTRIC INCORPORATED INSTALL RECEPTACLES-P/S BUILDING 229.41 14077 BARBARA SCHHREIER REFUND-PRE NATAL CLASSES . 3.00 14 'R CHERYL SMITH REFUND-PRE NATAL CLASSES 3.00 J. SNYOFRS DRUG STORES INC SUPPLIES-POLICE DEPT 30.64 14'80 SOUTHWEST SUBURBAN PUBLISHING INC APRIL LEGAL ADS 1605.31 14031 SOUTHWEST SUBURBAN PUBLISHING INC ADS-LIQUOR STORES 223.08 14082 DICK SPEAR SOFTBALL OFFICIAL/FEES PAID 12.50 14033 STANDARD SPRING CO REPAIR SEAT-WATER DEPT 307.10 14034 CRAIG STANTON SOFTBALL OFFICIAL/FEES PAID 212.50 14035 STATE TREASURER FEES-WATER DEPT 15.0D 14086 GERALD STRAND REFUND-MEMBERSHIP CLASSES 61.25 14037 STS CONSULTANTS LTD SERVICE-PRAIRIE CENTER DRIVE 1681.76 14338 SUBURBAN CHEVROLET WATER PUMP/MUD FLAPS/FYLWHEEL COVER/BOLTS/ 139.68 14039 STEVE SULLIVAN MILEAGE-PLANNING DEPT 9.25 14090 SULLIVANS SERVICES INC PUMP TANK-RESEARCH ROAD 100.00 14091 SWEDLUND SEWER & WATER SERVICE-SEWER & WATERMAIN 650.00 14092 TELECOMMUNICATION DEVICES INC BATTERIES-FIRE DEPT 114.16 14093 ERIC THIE.LEN REFUND-SWIMMING CLASSES 12.00 14094 TRACY OIL CD INC UNLEADED GASOLINE-STREET DEPT B480.00 14095 TRUCK & BUS GROUP 2 TRUCKS-POLICE DEPT 26665.86 14096 UNITED LABORATORIES INC CHEMICALS-STREET DEPT 116.50 14097 VAN WATERS & ROGERS CHLORINE-WATER DEPT 925.01 1:093 VESSCO INC SERVICE 35.00 14099 VIKING LABORATORIES INCORPORATED BICARBONATE OF SODA-COMMUNITY CENTER 197.50 14100 DAVID VIITERN SOFTBALL OFFICIAL/FEES PAID 125.00 14101 VOSS ELECTRIC SUPPLY COMPANY LIGHT BULBS-P/S BUILDING 59.42 • 14102 WALUOR PURR C EQUIPMENT CO REPAIR CONTROL PANEL-SEWER DEPT 92.55 1r 1JI',4 WAITER PAPERS XEROX PAPER-CITY HALL 672.50 1 , + WATLR PRODUCTS COMPANY PIPE/BOLTS/GENERATOR/3 1/2 IN METERS 1872.70 3925480 I,' gal • • 14105 WELSH COMPANIES REFUND OVERPAYMENT ON WATER & SEWER BILLS 7378.79 14106 WESTBURUF SUPPLY INC SOAP DISPENSER-COMMUNITY CENTER 32.65 14 ' WESTERN CUEWICAL COMPANY CHEMICAL FEEDERS-WATER DEPT 1332.00 14 WHOLESALE LIGHTING INC LIGHT BULBS-WATER DEPT 99.6E 141 9 JASON WILLMORE REFUND-SWIMMING CLASSES 11.00 14110 XEROX CORPORATION SERVICE 1648.86 14111 ZEE MEDICAL SERVICE FIRST AID SUPPLIES 71.15 14112 ZIEGLER INC -REPAIR ALTERNATOR/FUEL SYSTEM/FAN BELTS/ 1275.70 GASKETS/FILTERS 14113 SANDRA WERTS MAY MILEAGE 53.85 14114 STUART ALEXANDER MAY MILEAGE 22.00 14115 CHARLES P DOWNER SOFTBALL OFFICIAL/FEES PAID 187.50 14116 DAVID A WALLER SOFTBALL OFFICIAL/FEES PAID 75.00 14117 JOE WIETHOFF SOFTBALL OFFICIAL/FEES PAID 125.00 14118 BECKY PLOWMAN-HAHN INSTRUCTOR-TENNIS/FEES PAID 1488.00 14119 MINNESOTA GREEN INDUSTRY EXPO 84 CONFERENCE-PARK MAINTENANCE 7.50 14120 RALPH KRATOCHVIL INSTRUCTOR/FITNESS CLASSES/FESS PAID 16.06.00 13465 VOID OUT CHECK 3375.00 1.4121 M E LANE INC INSURANCE 14122 FEDERAL RESERVE BANK PAYROLL 5/25/84 17205.27 14123 COMMISSIONER OF REVENUE PAYROLL 5/25/84 8885.61 14124 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 5/25/84 12663.50 14125 AETNA LIFE INSURANCE PAYROLL 5/25/84 114.OD 14126 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 5/25/84 35.00 14127 GREAT WEST LIFE ASSURANCE CO PAYROLL 5/25/84 _ 4108.00 14128 UNITED WAY OF MINNEAPOLIS PAYROLL 5/25/84 110.75 14129 SUBURBAN NATIONAL BANK PAYROLL 5/25/84 37.50 {J 1 '' PER A PAYROLL 5/25/84 15678.28 1 536.00 DOUG EPSTEIN SOFTBALL OFFICIAL/FEES PAID 100.00 14132 RICHARD W SEEGER FIREMAN CALLS 14133 V JAMES BERGSTROM EXPENSES-POLICE OEPT 586.71 14134 LOIS BOETTCHER SERVICE-PARK & RECREATION COMMISSION MTGS 76.50 14135 JACK HACKING EXPENSES 15.00 14136 MENARDS • CARPETING-COMMUNITY SERVICES 584.81 14137 HOPKINS INSTY PRINTS PRINTING-CONCERTS IN PARK FLYERS & POSTERS 27.6E 14138 CAPITAL CITY DISTRIBUTING CO WINE 152.50 14139 EAGLE WINE CO WINE 87.77 14140 INTERCONTINENTAL PCKG CO WINE 332.26 14141 GRIGGS COOPER & CO INC LIQUOR 2862.77 14142 ED PHILLIPS & SONS CO LIQUOR 2983.35 14143 QUALITY WINE CO WINE 2218.29 14144 JOHNSON BROTHERS WHOLESALE LIQUOR 2247.29 , 14145 PAUSTIS & SONS WINE 355.68 14146 TWIN CITY WINE CO WINE 110.86 592189E S519878.42 t, . 1 • June 5, 1984 Cash Disbursements by Fund number 10 GENERAL 298643.07 11 CERTIFICATE OF INDEBT 28428.86 15 L/S PRAIRIE VILLAGE MALL 22781 .23 17 L/S PRESERVE 16348.22 31 PARK ACOUIST & DEVELOP 9000.00 36 P/S 6 P/W BOND FUND 734.00 44 UTILITY DEBT FUND 22. 50 51 IMPROV CONST FUND 20486.27 57 ROAD IMPROV CONST FD 343. 46 73 WATER FUND 34200.88 77 SEWER FUND 35985.93 81 TRUST 6 ESCROW FUND 6993.46 8 HISTORICAL CULTURAL FD 35. 00 8 _ COMMUNITY DEVELOP BLOCK G 6549.00 90 TAX INCREMENT CONST FUND 39326. 54 4519878.42 • • • I 2,(41,3 • MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services .- DATE: May 31, 1984 SUBJECT: Eden Prairie Horsemen Request Attached, for your review, is the May 16th memo from staff to the Parks, Recreation and Natural Resources Commission recommending that the City consider treating the Eden Prairie Horsemen's request similar to the BMX Association request of several years ago; that is to require the Horsemen's Association to provide all insurance and maintenance on the site, the City to do the initial grading and seeding. Also, attached to the memorandum is a copy of the May 21st Parks, Recreation and Natural Resources minutes that outline some of the discussion held at the Commission meeting. The Parks, Recreation and Natural Resources Commission ultimately recommended approval of the Horsemen's request with the following exceptions: 1. The Eden Prairie Horsemen provide a written commitment stating their responsibility for all maintenance and agreeing to provide $600,000 of liability insurance. 2. The Commission also recommended the City spend approximately $3,500 for grading and seeding, and provide the barbless wire and steel posts for fencing. 3. The Eden Prairie Horsemen Club to install all of the wire and wood fencing on the site. BL:md MEMOMD 1?i • 10: Park:, Ruc•roativn and Natural Resources Cununission FROM: Ilub Lambert, Director of Community Services t�1 DATE: May 16, 1984 SUBJECT: Eden Prairie Horsemen Request At the May 1, 1984 City Council meeting, the Council reviewed the request of the Eden Prairie Horsemen to have the City grade an area on MAC property for development of a public riding arena. 'lhe Council continued the item to the May 15th agenda and requested staff to determine the approximate number of horse.: boarded in Eden Prairie, as well as those owned by Eden Prairie residents, and to contact other cities to determine how many other communities have provided this service and to get further information regarding liability insurance. Attached to this memo is the May 10th memo to the Mayor and City Council providing the information requested at. the May 1st meeting. At the May 15th meeting, the Eden Prairie City Council again reviewed the information provided and had additional questions regarding concerns for lack of supervision and the City's liability, as well maintenance costs and questions regarding removal of manure, dragging the interior of the arena, mowing, etc. The City Council questioned whether the Parks, Recreation and Natural Resources Commission had an opportunity to review the information provided in the May 10th memo. Staff ,i indicated the Commission did not review this .information, so the item was continued to t the June 5th Council agenda and requested that this information be forwarded to the parks, Recreation and Natural Resources Commission for their review and recommendation. The City Council is very concerned regarding the liability costs and maintenance costs of this facility in relation to the umber of people served. The Council had similar concerns prior to approving the BMX track request by the Eden Prairie BMX Association. One option the Council may consider would he to treat this request exactly as the City treated the BMX request. The City Council authorized spending up to $3,000 for develop- ment of the site awl the BMX Association agreed to provide liability insurance on all participants of cirgntti::ed races and to maintain the site and to construct ail improve- ment beyond the grading. The PMX Association has raised a limited amount of Ponds through races held throughout the summer. ]peso !lords are then put in a special fund and used for track improvements such as: construction of the announcing stand and to pay for additional gravel fill and for drainage improvements. The only maintenance the City has had to do on that site is to spray for the weeds and occasionally mow the hacks of the slopes. The City has had little cost for maintenance of this facility and it has provided many youngsters with a unique recreation facility. If the Council requested this same commitment from the Eden Prairie Horsemen, the sty could authorize grading and :seeding the site for a cost of approximately $3,50 e Eden Prairie Horsemen Mould be responsible for providing liability insurance and all maintcnancc of the site, as well as any additional improvements to the site. All ( improvements mould parr to be to City standards and maintenance would have to he complete,, • on a annular ha>:i:; including: flowing, removal of weeds, etc. 'the City could limit the mowed ar,'a to the proposed parking; area and the arena in order to keep the maintenance cost; relatively low to the club. if the City were to tale this action, the "cost ris!." to the l'it)' would then only be limited to the liability insurance questions which would be relatively minor if the Edon Prairie Horsemen had the primary liability itratrance on _2_ the site. The City's investment to the site would be limited to the $3,500 grading and seeding costs, and the City would be treating the Eden Prairie Horsemen in a relatively 4requal fashion with the rmx Association. Both groups serve a limited population; however, both groups do promote the type of wholesome recreation activity that should be encouraged in the community. BL:md 12(„ta • UNAPPROVED MINUTES • EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION May 21; 1984 "" -8- The Council also approved the Purgatory Creek recreation area. Lambert advised the commission that as soon as more information has been gathered on the needs assessment survey, it will be brought before the commission for discussion. • VII. Old Business A. Eden Prairie Horsemen's Regest Refer to memos dated May 10, 1984 and May 16, 1984 from Bob Lambert, Director of Community Services. Lambert said the Council returned the request to this Commission, as they had further questions and concerns. The main areas of concern are the cost of maintenance and liability insurance in relation to the number of people being served by this facility. He stated that one option would be to treat this request the same as the BMX Association in which the city spent about $3,000 for grading and seeding and the BMX Association is responsible for providing liability insurance, main- taining the site and additional improvements. Pat Hartell was present for the Eden Prairie Horsemen. She stated that the liability insurance would not be a problem and that the premium would go up only if the club did public spectator shows. Maintenance of the area would include the upkeep of a white board • fence around the riding ring and mowing of parking areas only. Gonyea asked how many members there are in the Horsemen's Club. Hartell said there are about 45 families. Lambert added that the arena • would also be open to the public. Kingrey asked how willing the members would be to take turns with mowing, etc. in view of the fact that not many members have attended the Commission meetings. Hartell responded that she would have to contact members to discuss mowing. _ • MOTION: Breitenstein moved to recommend to the Council the approval of the Eden Prairie Horsemen's request with the following exceptions: a written commitment is received from the Eden Prairie Horsemen's Club stating their responsibility for all maintenance, the Club is to provide $500,000 liability insurance, the city will spend $3,500 for grading and seeding and will provide barbless wire and steel posts for . • fencing. Kingrey seconded the motion and it passed unanimously. C 1 !. UNAPPROVED MINUTES a EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION May 21, 1984 -9- s Lambert stated that if these terms were not adhered to, the city could remove the riding arena. Kingrey expressed concern over whether there will be trouble seeing the wire fence at night. VIII. NEW BUSINESS None • IX. ADJOURNMENT Jessen moved to adjourn the meeting at 9:30 p.m. Breitenstein seconded the motion and it carried unanimously. • Respectfully submitted, Lois Boettcher ( Recording Secretary • • • • • • • • -ti rrr MI M) ANI)UM 10: Mayor and City Council 1HRU: Carl Jullie, City Manager y FROM: Bob Lambert, Director of Community Services AC-- DATE: May 30, 1984 'i SUBJIiCT: Petition From Bluffs West Homeowner's Regarding Mini-Park Development Attached, for your review, is a copy of the May 16 memo to the Parks, Recreation and Natural Resources Commission which provides the Community Services staff rcconnnendatien for development of the mini-parks in Bluffs West. Also, attached is one page of the 14 signed pages of the petition from the residents of Bluffs West; a copy of the May 21 Minutes of the Parks, Recreation and Natural Resources tl Commission, at which time this item was discussed, and copies of maps showing conceptual plans for development of the totlots as per the petition request. a. To comma rice this matter, in order to develop each mini-park to the extent requested in the petition, the estimated cost is approximately $12,000 per park. The Community Services staff recommended developing a playstructure in Outlot F, which is the central most mini--park to the Bluffs West Area, and development of the sand volley- ball court in the eastern most mini-park, for a total cost of about $6,000. The Parks, Recreation and Natural Resources Commission recommended that the Council develop both mini.-parks with a playstructure and swing sets at a cost of approxi- mately $6,000 per park.. 71tis ncigborhood does have an unusal.ly high amount of young children, and staff agrees with neighborhood residents that the playground structures would be used; however, these two mini-parks arc only 1200 feet apart and Homeward Hills Park is being developed with a playground area which be located approximately- a quarter of a mile north of this area (nearly one-half a mile from Outlot G). Steff would estimate that in excess of SO people showed up at the Parks, Recreation and Natural Resources Commission meeting to support this request, and would antici- pate approximately the same number to attend the Council meeting on ,tune Stlh. ill.:cal NLPIOPANlt1I5I c . TO: Mayor and City Council Parks, Recreation and Natural Resources Commission 011W: Carl Juilie, City Manager FROM: Bob Lambert, Director of Community Services DATE: May 16, 1984 SUBJECT: Petition From Bluffs West Homeowners Regarding Mini Park Development Attached, for your review, is one page of the 14 signed pages from residents of the Bluffs West area requesting development of the two mini-parks in Bluffs West. The petition contains 128 signatures. Out of the 331 homeowners contacted, four refused to sign the petition. Ten people could not be reached. The petition requests that the City rcgrade a portion of the east outlot and secure the storm sewer opening. They would also like a large area kept open for unstructured play, and would like a wooden playstructuro with at least three swings constructed on each mini-park. They would like two benches and two picnic tables located in each area, as well as a sand base volleyball court and additional landscaping. They have suggested in 1985 to have the City construct a paved basketball half court on each mini-park. Also, attached, for your review, is a copy of the May 10th letter notifying Homeward Hills area residents that this item wall be discussed at the May 21st. Parks, Recreation and Natural Resources Commission meeting (staff is also taking this opportunity to discuss with all of the homeowners inthe-llomeward Hills arca the tenat.at.i.ve development schedule for Homeward Hills Neighborhood Park and to reveew a copy of the homeward Hills Neighborhood Park Plan.) A concept plan for development of Outlot C and Outlot F is also attached with the estimated costs for the development of the facilities requested. City staff have inspected the condition of each outlot and agree that some minor grading; and possibly some fill should take place in the east outlot, and the storm drainage basin will be secured. These t.tco mini-parks are located approximately 1200 feet apart and this neighborhood is located approximately one-quarter of a mile south of Homeward Villas Neighborhood Park, which will be developed later this summer. The Community Services staff feel that it is reasonable to develop a playstructare in one of these out lots and perhaps a sand volleyball court in other, hut staff feels there are higher priorities at this time than developing these two mini-parks to the extent requested by the petition. The Community Services staff would recommend developing a playstructure in the western most mini-park referred to as Outlot F, and sand volleyball court in the eastern most park referred to as Outlot C. Tennis courts and the half basketball court are proposed for development in Homeward Bills Neighborhood Park in the second phase of development. At some date in the futurc,idcn Eden Prairie has minimal development in all of its neighborhood parks, the City might. want to consider developing these mini-parks to the extent shown on the concept plans. At this time, however, there are many neighborhoods .. that. de not have any parks and other neiahorhuods where parks arc just being developed and pics,cntly have no facilities whatsoevor. 'fire estimated cost. of cunr,truct.ion of a pIayst.ructure in Outlot F with three swings and two bench ;, would he approximately $ ,000. Two picnic tables and a volleyball court t , -2- base and standards to be developed in Outlot G would cost approximately $850 for a total j o s t of $6,850. The Community Services staff would recommend development of these outlots to this extent during the summer of 1984, Funds to be derived from cash park fees. BL:md 9 • • • • • • • • • • April 28, 1994. • /' DLUI'I•S WEST OUTLOTS 4 ,W We, the undersigned, request that the following ideas • and improvements be incorporated in the development of both ' bluffs West outlot::. We would like these parks developed as i soon as possible in 1984. ' • The East outlot needs re-grading. The storm sewer opening • f must be secured to keep the kids from entering. We do not sec a need to pave the casements at either site. . We would like a large area kept open at each site for use as a ballfield. We would like wooden play sculptures, with at least three . swings, erected in each outlot. These structures should have .. a sand base underneath them. We would like two benches and • two picnic tables located in this area. We would like a sand base volleyball court. • f In 1985 we would like to see some type of landscaping .i • done in each area- bushes, trees etc. We would also lika a paved basketball half-court installed at this stage. NAME ADDRESS NO. OF CHILDREN . _�....COs.../ ,v,,oq y"nvcmc. 1�.e. 3 1 &al.,`/I• i1 r� /0 9/ //9 l!rv777.Ll1i c.22' . 1"1--''7A ,r.m fitipt0.4, l039 g(v(wrjzi, C zios . 42.. . % 7Z5 / ,,,-- /03i 1-q(i�-..,Z e., I6,, f ,.„e.b ,..,,,,,64,,, :5 p 4u 4'. /�>G% eft. Zi.;//t Z. "(\r\Cs.)Nty. 1. \?-'e....-eP.1'-11rr.� .., \ 1a "`...tt,.,v* ..,• - ,1<.2..) ✓. �1:...1c. :2✓ /OiS2 11. ,^('../ ice i (kit'.. (t - 10-30. 1!0Ai1iV(-/1W Ae. a I L_ / I' /1r- • • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION . Monday, May 21, 1984 7:30 p.m., School Board Room CO,�i.4I_SSION__M_FMBERS PRESENT:_ Marty Jessen, chairperson (late); Pat Breitenstein, Moe Cook, Gary Gonyea, Jerry Kingrey, Jesse Schwartz COMMISSION MEMBERS ABSENT: Raiford Baker COMMISSIOU_STAFF: Bob Lambert, Director of Community Services • I. ROLL CALL The meeting was called to order at 7:30 p.m. by Pat Breitenstein for chairperson Marty Jessen. II. APPROVAL OF AGENDA MOTION: Kingrey moved to approve the agenda as published. Cook seconded the motion and it carried unanimously. III. APPROVAL OF MINUTES OF MAY 7, 1984 MOTION: Kingrey moved to approve the minutes as published. Schwartz seconded the motion and it carried unanimously. IV. PETITIONS REQUESTS AND COMMUNICATIONS A. Petition from Bluffs West Neighborhood Refer to memo dated May 16, 1984 from Bob Lambert, Director of Community Services. A group of residents from the Bluffs West neighborhood was present to support a petition signed by 128 homeowners requesting development of two mini-parks referred to as Outlot F and Outlet G. The residents request playground structures, a volleyball court, picnic area and basketball court. Commission members were asked to refer to drawings showing the types of facilities requested. The cost of this development would be about $12,000 per park. Some regrading would also have to be done. Lambert's recommendation is that development is not necessary to this extent because of other park development proposed for this area and the cost involved. It is recommended that development on Outlet F be limited to playground structures and development on Outlet G be limited to a volleyball court, picnic area and landscaping for a total cost of about $6,000. f,x r` • • UNAPPROVED MINUTES • • EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION May 21, 1984 -2- Lambert stated that as fast as Eden Prairie is growing, the city cannot . complete development of all parks immediately. The City is • • concentrating on developing parks that serve the entire community with neighborhood parks being developed to a lesser extent. Lambert • asked for questions or comments from the commission members. • • Schwartz spoke for Jessen by stating that he feels the outlets should be graded and seeded, that the city provide trees and bushes with watering to he done by the homeowners and that a sand based volleyball court, tot lot, benches and picnic tables be provided. • Lambert commented that there is no plan to regrade and seed the areas entirely. Kingrey asked how much a playstructure on Outlot F would cost. Lambert said it would be $4,500 installed and that the residents are requesting three swings. Kingrey then asked if there is enough room for both a playstructure and a volleyball court. Lambert stated that there is enough room • for both,and that Outlot F is the most centrally located. • Craig Knable spoke for the homeowners group and stated that they • . want a playstructure located on each outlot, as there are many young • children in the area. Knable also commented that the volleyball • court, basketball court and landscaping could be postponed for . several years from now. • Gonyea stated 'that the criteria that has been used in the past is to provide a park within a one-half mile radius of a neighborhood. Gonyea also asked if this type of development was being done in other areas • of the City. Lambert said that in the last five or six years there • have been four or five mini parks. Lambert added that the mini parts • are very expensive to maintain, and Pre usually only required in multi • family subdivisions where families have little or no backyards. Tom Bruns spoke for the homeowners by stating again the large number of children in this area who need a play area instead of having to• • play in the. street. • Claudia Faushing commented that when the city approved the parks, • they took the responsibility for mowing. She asked what difference it would make if pla,ystructures were added. Lambert agreed that play structures would add little maintenance cost. Wally James stated that one of the big selling features when buying • a home in this area was the future development of parks. James said • homeowners paid an additional $300 in closing costs which was to be • for park development. Lambert: said the figure paid was $3.30 per homeowner which amounted to $96,000 which has been collected for the dev.'lojmeni of Ilomew.n•d Pills Park. This park is. projected to cost about $2'00,000 to develop. • r.— • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 21, 1984 -3- • James referred to a bond referendum of November, 1979 which sot aside $28O,000 in escrow for the purpose of developing Homeward Hills Park. Lambert indicated that although Homeward Hills Park was listed as a park that was to be developed with the Park Bond Referendum funding assistance, no money was ever put in escrow for that park. Approximately 1.25 million in bond referendum money was set aside for assisting cash park fees in the acquisition and development of well over 3 million dollars worh of parks. Kingrey commented that $12,1)00 doesn't seem to be a lot of money to develop these two parks. He suggested that more information be gathered on possible ways to come up with more money for this purpose. Kingrey said that he would vote in favor of a e playstructure on both Outlet F and Outlot G and commended the homeowners group for their interest in park development. ; u Breitenstein concurred with Kingrey's statement. 3 Kingrey asked if there were funds available for this development. Lambert said that bids hasn't been received for Homeward Hills Park as yet and due to unstable soils it could be very expensive to construct. He recommended conservative development on these outlots now making some improvements every year. Cook commented that attempts are being made to cover too many areas 3 with mini-parks and that volleyball and basketball is not needed for the older children who can take their bicycles to parks further from home. Something needs to be provided for the younger children close 1 to home. • Kingrey asked what would be required for a sand volleyball court in one or both outlots. Lambert said a 6" cut would be necessary with a sand base and standards. Kingrey suggested developing one mini-park per year and asked for other suggestions. y' Knable commented that a volleyball court would be used by adults when children are using the playstructure. Kingrey replied that the adults could easily make the standards for volleyball and transport them to the area where they wanted to play. Gonyea commented that he feels this is a deviation from the one-half mile distance between parks that has been used. Gary Soderberg stated that it is difficult to get to other park areas and that residents were led to believe that park money was meant for their area in view of the number of people and homes here. MOTION: Kingrey moved to rec.omnend to the Council that the city develop both mini-parks with a playstructure on each as outlined on the hatiom of i.he May 16 memo with the exclusion of volleyball and basketball court:. The play,tructures arc to include three swings 1 and two benches at a cost of $6,000 per park. Cook seconded the motion. Gonyea opposed. The motion was passed. i • e • 1 • • Bluffs Outlot F & G . Playstructure $5,000 . Swings (3 belt and/or bucket) 600 . Benches (2) • 400 . Picnic Tables (2) 350 . Volleyball Court with base and Standards 500 • ' . Bushes (40 bare root $5 each) 200 . Pine Trees (15-no cost from City Nursery). 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'''''ii - ... ••:„,...•- .'!i, --,-, -.,r-- 14,,A., r ::- ,o/.;:i :1: ''''' •,,, it,, 4' .,- ,•....„...,..,.., f ---,.: _ r\"...'-',.....„_,EFF Fr • ..‘ F. ,.1 Flrirt-, • . 1 F --• f i•or Iv i • '`!,Crr....-`.. r'r;" ..I 36', ` T \. .-2'1;:-..'..::::,.. -----'''' ' •I 1 ) 0 ,i.t. 1 r n, _ = — ..•---- Mhl,10RANh1IM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TThRU: • Carl Jullie, City Manager FROM: Bob Lambert., Director of Community Services Y-— DATE: May 16, 1984 SUBJECT: Request From Sterling Field Homeowners Association On Monday, May 14, 1984, the Director of Community Services met with the Sterling Field ILomeowncrs Association to discuss transfer of maintenance responsibilities for Sterling Field Park from the Homeowners Association to the City of Eden Prairie, The Homeowners Association began development and maintenance of the park prior to the development of the City park system or existence of a park maintenance department. Over the years many of the families living adjacent to the park have constructed facilities in the park and shared the mowing responsibilities of the park. the existing facilities include: 1. A lighted multi-use court I( 2. A playground area ?t 3. A mini hall field The City of Eden Prairie has always maintained ownership of this park and, in fact, have always had the basic liability for this area, and the responsibility to maintain the park; however, the City Council has always agreed that if the neighborhood wished to continue the maintenance of the park the City would allow them to do so. Upon inspection of the facilities, the Community Services staff belief that a few minor changes should be made to the playground structure, and note that the structure itself should he monitored carefully over the next few years es there is evidence of some deterioration at the base of much of the structure. The multi-use court is in dire need of an overlay (estimated cost of a simple overlay and color coating, with no expansion of the facility, is $1,700). The Director of Community Services indicated to the residents that the City would not schedule any org:anieed sports on that hallfield as it does not come close to meeting any of the standards for fields, and that the Community Services Director would recommend that the neighborhood association be allowed to keep the light standards on the multi- use court :is font; as•the association continued paying the light hill, as well as mainten- ance of the light standards. The maintenance that mist he done this year other than mowing would he replacing the ropes ON the swings mid painting the ptayst.ructure (painting could be completed by the Teen Volunteer Work Program). toward the end of this year, if there is sufficient funds left in the irni: maintenance busict for repair of facilities, staff would request author):.ition to put uR overlay on the sailti-use court. • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION May 21, 1984 -4- G. Review of Howpward Hills Park Development Schedule Refer to memo dated May 16, 1984 from Bob Lambert, Director of •C` Community Services. Lambert reviewed the Schedule for development of Homeward Hills Park ", and showed a map of the area. Re stated that the city should receive the dead to the park by June 5 from Browning Ferris Industries. The deed will contain a restrictive clause saying that the city cannot use parkland for landfill purposes. Lambert stated that the first phase of development will begin this summer with gravel lot grading and seeding. Softball and soccer fields could be added next year. A playground structure would be added next spring. In approximately two years or when the ground has settled, the parking lot and access road will be paved and tennis • court and basketball court installed. The dry pond could be made into a wet pond at a cost of 530,000. A hockey rink, skating area and warming house would be constructed should the need arise. The only • lighting facilities in the park would be at the hockey rink. • C. Request from Sterling Field Homeowners Association Refer to memo dated May 16, 1984 from Bob Lambert, Director of Community Services. • This is an information item only. . The Sterling Fields Homeowners Association is requesting that maintenance responsibilities he transferred from them to the city. Lambert added that the multi-use court is in need of a colored • • overlay. MOTION: Breitenstein moved that a letter of appreciation should be written to the Starling Fields Homeowners Association for doing the maintenance on the park for the past several years. Kingrey seconded the motion and it carried unanimously. • V. Development Proposals A. Ridecr.:ood West IV • Refer to memo dated hiay 17, 1981 from Bob Lambert, Director of • Community Services and Developer's Agreement dated September 21, 1982. Tim Eller of Cretex Homes was not present at this meeting. :i.