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HomeMy WebLinkAboutCity Council - 11/06/1984EDEN PRAIRIE CITY COUNCIL AGENDA fUESDAY, NOVEMBER 6, 1984 COUNCIL MEMBERS: ' CITY COUNCIL STAFF: 8:00 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath, and George Tangen City Manager Carl J. Jullie; Assistant to the City Manager Craig Dawson; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL I. COMMENDATION FOR PUBLIC SAFETY CAPTAIN KEITH WALL FOR BEING SELECTED OUTSTANDING CIVIL DEFENSE DIRECTOR II. MINUTES A. Minutes of the City Council meeting held Tuesday, August 2, 1984 B. Minutes of the city Council meeting held Tuesday, August zai 1984 III. CONSENT CALENDAR A. Reouest for donation of Community Center Membership for Cahill Silent Auction Pg.2343 Pg.2354 Pg.2373 B. Authorize to advertise for bids for tractor with loader C. Approve Riley-Purptory Creek Watershed District Agreement with Chanhassen and Eden Prairie on Lake Riley Study D. Approval of Lake Region Mutual Aid with Lcretto Volunteer Fire Department E. Change Order #2 Flying Cloud Drive Improvements I.C. 52-064 Pg.2389 F. Agreement with Hennepin County for Federal-Aid Highway Improvement P9.2390 CS!01 y -TResolution No. 84-297) G. Final Plat approval for Primeland 2nd Addition (Resolution No. 84- 298i- Pg,2374 Pg.2375 Pg.2381 Pg,2394 H. Resolution accepting Land Gift in the Westwood Industrial Park (Resolution No. 84-299) Pg.2397 City Council Agenda -2- November 6, 1984 I. Resolution authorizing preparation of a Feasibility Report regardifig the reconstruction of Preserve Blvd. between Prairie Center Drive and Anderson Lakes Parkway, I.C. 52-074-1-Resolution No. 84-301) J. MUIRFIELD by Tandem Corporation/TCF Development Corporation. 2nd Reading of Ordinance #116-84-PUD-10-84, Zoning District Changes from Rural to R1-13.5 for approximately 11.0 acres and from Rural to R1-9.5 for approximately 25 acres; Approval of Developer's Agreement for Muirfield; and Adoption of Resolution No. 84-289 Approving Summary of Ordinance #116-84-PUD-10-84 and Ordering Publication of said Summary of Muirfield. 106 single family lots. Location: North side of Valley View Road, west of Park View Lane. K. EDEN COMMONS by the Chasewood Company. 2nd Reading of Ordinance No. 118-84, Zoning District Change from Rural to RM-2.5; Approval of Resolution No. 84-290, Approving Development Plans for Eden Commons. 196 multiple family residential units on 12.5 acres. Location: Northwest corner of Franlo Road and Preserve Boulevard. L. SUPERAMER1CA. 2nd Reading of Ordinance No. 119-84, Zoning District Change from Rural to C-Hwy and Adoption of Resolution No. 84-291, Approving Development Plan for Superamerica. 1.35 acres for Service Station/Convenience Store. Location: Southwest quadrant of County Road 4 and Highway 5. M. PR1METECH II by Prime Development. 2nd Reading of Ordinance No. 12-0--84-PUD-9-84, Zoning District Change from Rural to Commercial- Regional-Service; Approval of Developer's Agreement for Primetech II; and Adoption of Resolution No. 84-292, Approving Summary of Ordinance No. 120-84-PUD-9-84, and Ordering Publication of said Summary of Primetech II. 1.0 acre for construction of a day care center. Location: North of Shady Oak Road, East of City West Parkway. N. Approval of Snowdrifters State Grant for Trails (Resolution No. 84-302Y- O. Clerks License List P. Summary of Evidence, Findings and Conclusions, and Order Re: David Brown Regoest for Variance No. 84-19 Q. BLUFFS EAST 3RD ADDITION by the Bluffs Company. 2nd Reading of Ordinance No. 101-84, Zoning District Change from Rural to R1-13.5 for 9.63 acres, Approval of Developer's Agreement for Bluffs East 3rd Addition, and Adoption of Resolution No. 84-288, Approving Summary of Ordinance No. 107-84 and Ordering Publication of said Summary. 9.63 acres for 29 single family lots. Location: West of Franlo Road, South of Lee Drive. Pg.2399 Pg.2400 Pg,2409 Pg.2412 Pg.2416 Pg.2424 Pg.2427 Pg.2430 Pg.2442 , City Council Agenda (, -3- November 6, 1984 IV. PUBLIC HEARINGS A. EDEN PRAIRIE APARTMENTS BY David Ames. Request for Zoning District Amendment within Rm-2.5 District and Preliminary Plat of 6.47 acres for 108-unit apartment building. Location: North of Valley View Road, West of Edenvale Golf Club (Ordinance No. 122-84, Zoning District Amendment within RM-2.5 District; Resolution No. 84-293, Preliminary Plat) B. COMPUTER DEPOT by Wilson Ridge Joint Venture. Request for Zoning District Amendment within 1-2 Zoning District for Office/ Warehouse use on 5.42 acres. Location: North Valley View Road east of Highway #169 (Ordinance No. 121-84, Zoning Amendment within 1-2 District) C. DIG1GRAPHICS SYSTEMS CORPORATION by Welsh Construction. Request for Comprehensive Guide Plan Amendment from Office to Industrial for 5.75 acres; Planned Unit Development Concept Amendment Planned Unit Development District Review and Zoning District Change from Rural to 1-2 for 5.75 acres for a corporate headquarters, office, research, assembly, storage facility. Location: Northeast quadrant of Valley View Road and Highway 169 (Resolution No. 84-294, Comprehensive Guide Plan Amendment from Office to Industrial; Ordinance No. 123-84, Zoning District Change from Rural to 1-2) D. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN. THE AMOUNT OF $3,800 000 FOR DIGIGRAPHICS (Resolution No. 84-3n) E. CITY WEST BUSINESS CENTER PHASES III & IV by Ryan Construction. Request for Planned Unit Development Concept Amendment of City West Planned Unit Development; Planned Unit Development District Review of 15.91 acres and Zoning District Change from Office to 1-2 for 12.63 acres; and Preliminary Plat of 12.63 acres into two lots. Location: North of Shady Oak Road, West of City West Parkway (Resolution No. 84-295 Planned Unit Development Concept Amendment to City West POD; Ordinance No. 124-84-PUD-11-84, PUD District and Zoning from Rural to 1-2; Resolution No. 84-296, Preliminary Plat) F. RIGHT-OF-WAY VACATION ADJACENT TO EDENVALE 9TH ADDITION (Resolution V. PAYMENT OF CLAIMS NOS. 16566 - 16859 VI. ORDINANCES & RESOLUTIONS VII. PFTITIONS„. REOUESTS & COMMUNICATIONS VIII. APPOINTMENTS Pg.2448 Pg.2462 Pg.2469 Pg.2485 Pg.2496 Pg.2511 P9 .2512 City Council Agenda -4- November 6, 1984 /III. APPOINTMENTS A. Appointment of member to the Historical & Cultural Commission to fill an unexpired term to 2/28/86 IX. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members 1. Set date for Joint meeting with Planning Commission B. Report of City Manager C. Report of City Attorney X. NEW BUSINESS XI. ADJOURNMENT. Pg.2519 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 7, 1984 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Wolgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath & George Tangen City Manager Carl J. Jullie, City Attorney Rogcl Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Assistant to the City Manager Craig W. Dawson, and Recording Secretar:, Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Wolfgang H. Penzel was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VIII. B. I. Meeting with Sandra Gardebring re: Lake Ann Interceptor and VIII. B. 2. Star Cities Program. MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other Items of Business as amended. Motion carried unanimously. II. MINUTES A. Special City Council Meeting held Tuesday, May 29, 1984 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the Special City Council Meeting held Tuesday, May 29, 1984, as published. Motion carried unanimously. B. City Council Meeting held Tuesday, June 5, 1984 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held Tuesday, June 5, 1984, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Valley Curve Special Assessment Release (Resolution No. 84-198) B. Joint Resolution of the Cities of Chanhassen, Chaska, and Eden Prairie regarding pTeparation of the Draft Environmental Ilyact Statement for Highways 5,169, and 212 (Resolution No. 84-207) City Council Minutes -2- August 7, 1984 C. Set Public Hearing for Au9ust 28, 1984, at 7:30 PM to consider vacation of a Elytion of the drainage and utility easement in Lorence 1st Addition iValley Pond) D. Receive Feasibility Report for Eden Road/Singletree and set a Public Hearing for August 28, 1984, I.C. 52-011 (Resolution No. 84-199) E. Final Plat Approval for Ridgewood West Plat Four (Resolution No. 84-200) F. Final Plat Approval for Golden Strip East (Resolution No. 84-201) G. Final Plat Approval for Golden Strip 2nd Addition (Resolution No. 84-202) H. Final Plat Approval for Primeland (previously known as Prime Tech Park and City West 2nd Addition) (Resolution No. 84-203) I. Set Public Hearing to vacate a drainage and utility easement in the Valley Curve Subdivision for August 28, 1984, at 7:30 PM J. KURVERS ADDITION by Franklin J. Kurvers. 2nd Reading of Ordinance No. 47-84 TUF-KuiWP7S- Addition, zoning district change from Rural to R1-13.5, and adoption of Resolution No. 84-188, approving development plan. 2.0 acres into five single family residential lots. Location: east of Highway 101, north of Autumn Woods, south of Rymarland Camp. K. RIDGEWOOD WEST 4TH by Centex. 2nd Reading of Ordinance No. 42-84, zoning Bri-s-tFict change from R1-13.5 to R1-9.5, approval of Developer's Agreement for Ridgewood West 4th Addition, and adoption of Resolution No. 84-161, approving Summary of Ordinance No. 42-84. 8.85 acres into 30 lots. Location: Cumberland Road at Wellington Drive. L. SCENIC HEIGHTS WEST by Kerr Companies, Inc. 2nd Reading of Ordinance No. 49-84, zoning district change from Rural to R1-9.5 and adoption of Resolution No. 84-189, approving Development Plan. 9.5 acres into 20 single family lots. Location: southwest quadrant of Scenic Heights Road and Red Rock Road. M. Clerk's License List N. Set Public Hearing date of August 28, 1984, to consider Ordinance No. 53-84, amending City Code Section 11.70, Subd. 3. A. and Subd. 5E, regarding non- accessory signs, including violations and fines, appeals and variances, especially with respect to campaign signs There was some discussion regarding item "G". Mr. Beckman addressed what Vantage had proposed; Planning Director Enger addressed the alternatives. MOTION: Tangen moved, seconded by Bentley, to adopt items A - N on the Consent Calendar. Motion carried unanimously. City Council Minutes -3- August 7, 1984 IV. PUBLIC HEARINGS A. City Code Amendment to Section 11.70 to regulate sips at Flying Cloud Airport (continued from 6/19/84) City Manager Jullie noted the Planning Commission had asked for a contin- uance of this item to the August 28th meeting of the City Council so it would have additional time for review and input. MOTION: Anderson moved, seconded by Tangen, to continue this item to the September 4, 1984, meeting of the City Council. Motion carried unanimously. B. PRAIRIE KNOLL by Hestia Homes, Inc. Request for Planned Unit Development District Review and Zoning from Rural to R1-9.5, with variances, for 60 single family residential units and preliminary plat of 24 acres into 60 lots and outlots. Location: northwest quadrant of Valley View Road and Edenvale Boulevard. (Ordinance No. 48-84 - rezoning and Resolution No. 84-167 - preliminary plat) - Continued from July 10, 1984 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Brian Novak, representing Hestia Homes, addressed the proposal. Planning Director Enger said Staff had reviewed the revised plans and concept for Prairie Knoll and recommended approval. Enger noted that the pond which had been proposed behind the Bowers residence Might require an overflow pipe. Director of Community Services Lambert indicated the revised proposal satis- fied a number of concerns which had been expressed by the Parks, Recreation & Natural Resources Commission. The proposal now allows direct access to the park; he noted that there will now be more parkland and the road into the park will be built. Skip Hanson, 15910 Valley View Road, asked what would be done with the grade adjacent to his property. Novak said a 40' area would be set aside by the homeowner's association to be left in its natural state. Bentley asked if the proponent would be willing to include this area in a scenic easement in the Developer's Agreement, Laura Isensee, 16151 South Hillcrest Court, indicated she thought this area was part of the flood plain. Novak said that nothing can be built on the 100-year flood plain; FHA requirements preclude building on any flood plain. Isensee asked if there would be a parking lot to get to the park. lambert said there would be a trail connec- tion to Hillcrest Court from the area to the south. He indicated there is a parking lot at Edenvale Park. Cedric Warren, 7324 Franklin Circle, asked how long the trail would be in this area. Lambert said it would be about a quarter of a mile. Warren discussed the drainage problems in his area. Director of Public Works Dietz said he was surprised at the amount of erosion in that area in 12 years. He said that eventually the erosion can be controlled. City Council Minutes -4- August 7, 1984 Ken Sehn, 7400 Ontario Boulevard, inquired as to where all the traffic which would be generated from this development would go. Enger said this project would be developed over a three year period; at the end of three years 54 hones would be accessing here. Enger stated that this corresponds with the City's plans to improve Valley View Road. Isensee asked what the distance would be between this development and Hillcrest Court. Lambert said the trail would connect with Edenwood and not Hillcrest Court -- and the distance of the trail would be one quarter mile between those locations. Isensee wondered when work would begin on this proposal. Novak indicated work would begin this Fall. Dave Bowers, 15800 Valley View Road, said he did not feel the housing types proposed were compatible with the neighborhood. He noted that the hones would have detached garages which are usually not well maintained over a period of time; he said it would look like a downtown alleyway. Bowers stated that a great deal of the existing beauty would be taken away. He indicated there would have to be some changes made in the grade so that the intersection with Ontario Boulevard would be made safe. He said he felt the housing types to be offered by this proposal were so different from those in the area that they would stick out like a sore thumb. Bentley requested that Director of Public Works Dietz include an analysis of the Valley View/Ontario Boulevard intersection when he makes a report on the Valley View/Edenvale Boulevard intersection. Redpath said he would like to see improvements made to Valley View Road as soon as possible; he said the Council is on record for that. Bowers said the residents do not want to have Valley View Road improved; they would prefer to see Highway 5 improved. Sehn said one of the reasons he bought his home was because of the natural beauty of the area. Bentley noted that all property owners have the right to develop their property according to the ordinances of the City; had the residents wished, they could have purchased the property under discussion and allowed it to remain in its natural state. Sehn asked if the road should be corrected prior to the development. Tangen said he doubted if this would be the "straw which breaks the camel's back"; he noted the City is looking for a solution to the road project. Tangen noted that there is more in that area contributing to the traffic problem than the Prairie Knoll project. Hansen said he had heard the abutting property owners would have to pay $70 per front foot for improvements to Valley View Road. There was clarifi- cation as to how street improvements are made and assessed including how benefits to the adjacent property owner are determined. Darlene Thoen, 15361 Creekside Court, asked if the City had ever before sold park land. Redpath said the City would not be selling park land but rather trading land. Thoen said at one time it was said this area would be another Wood Lake area (Richfield nature center.) ?gt, City Council Minutes -5- August 7, 1984 Bowers asked if the ponding area might be considered an attractive nuisance; could the builder be required to build a fence around it. Greg Frank, engineer for the project from McCombs, Knutson, said the pond could be eliminated from the project; the pond was created as an amenity. Tangen asked if Staff had an opinion as to the value of the pond. Dietz said he would prefer to see it deleted from the plans as past experience had shown ponds such as this to be a problem. Bentley said he was pleased with the changes which had been made since the Council last reviewed this project; the project had been modified enough to take care of the concerns which he had. Redpath said he felt the developer had done a good job. Anderson said his major concern was the sale of the park land; now the City has retained use and he is satis- fied. Tangen asked Novak to indicate the locations of the 9,500 sq. ft. lots. Novak complied. Redpath said the City has to work on the 9.5 zoning so affordable housing can be provided within the City. Tangen said he has some concerns about the overall concept. He said he felt there was enough variety in the lot sizes and the types/styles of houses to be built. He said he felt the City Council should develop a set of guidelines on how to work with this 9.5 zoning classification; the Council should have some guide- lines as to what should and should not be included. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 48-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-167, preliminary plat (no pond). Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement as per Commission and Staff recommendations and including the scenic easement as discussed this evening. Motion carried unanimously. C. BLUFFS WEST 4TH ADDITION by the Bluffs Company. Request for zoning district change from Rural to RI-13.5 and preliminary plat of two acres into six single family reisdential lots. Location: northeast quadrant of Riverview Road and Homeward Hills Road. (Ordinance No. 51-84 - rezoning and Resolution No. 84-191 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Lloyd Erickson, RCM, addressed the request. Planning Director Enger said the Planning Commission had reviewed this at its July 9th meeting and had recommended approval subject to the recommendations included in the Staff Report dated July 6, 1984, with revisions as noted in the Planning Commission minutes. City Council Minutes -6- August 7, 1984 Director of Community Services Lambert said the Parks, Recreation & Natural Resources Conunission had not reviewed the request as there were no signifi- cant park and recreation issues. Tangen asked about the maintenance of half a cul-de-sac. Director of Public Works Dietz said half a cul-de-sac is easier to maintain. Ed Schlampp,10901 Riverview Road, said he was experiencing problems with the storm sewer drainage which runs off onto his property. Bentley said he would like to have this looked into prior to 2nd Reading of this request. Schlampp said the problem is a serious one and has to be resolved. He reviewed the location of his property in relation to the proposal. Tangen asked if the City Engineer has looked into this. Dietz said he would be hard pressed to quantify the effect of the proposed on the existing problem. Jullie gave the historical background as to what the City has done regarding the drainage in that area. A discussion on the drainage and the location of the catch basins, etc., ensued. Tom Aldridge, 10492 Wimbledon Court, asked if the developer would maintain the bike path. Erickson said the bicycle paths would remain as they are now. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 51-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-191, preliminary plat approval as per the developer's cul-de-sac proposal. • Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution of Approval as per Commission and Staff recommendations. MOTION: Bentley moved, seconded by Tangen, to direet Staff to do an analysis, prior to 2nd Reading of the Ordinance, of the storm drainage problems in this area and that consultation be made with Mr. Schlampp; and to direct Staff to review the impact this project will have on the problems and to see what can be done to resolve those problems. Motion carried unanimously. D. Public Hearin on Feasibility Report for Valley View Road, Golden Triangle Road and West 74th Streer(Norsemen's 6th AdditioniT I.C. 52-065 (Resolution No. 84-204T City Manager Jullie said notice of this Public Hearing had been published and property owners listed on the preliminary assessment rolls had been notified. Director of Public Works Dietz address the report. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and adopt Resolution No. 84-204, ordering improvements and preparation of plans and specifications for I.C. 52-065. Motion carried unanimously. City Council Minutes -7- August 7, 1984 E. Vacation ofroadway, drainagp and_ utility easements in Shady Oak 5th Addition (5solution No. 84-205) City Manager Jullie stated notice of this Public Hearing had been published. Director of Public Works Dietz noted the easements proposed to be vacated are no longer required due to changes in configuration of the building sites on this parcel. Bernie Frye, Min-Tex representative, concurred with Dietz's presentation. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-205, terminating certain easement agreements in Shady Oak Industrial Park 5th Addition. Motion carried unanimously. F. Vacation of snow fence easement along West 78th Street between TH 169 and west to Prairie Center Drive (Resolution No. 84-200 Official notice of this Public Hearing was published. Director of Public Works Dietz said temporary snow fence easements are not necessary and the adjacent property owner has asked that they be vacated. MOTION: Anderson moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-206, terminating snow fence easements along West 78th Street. Motion carried unanimously. G. Request for Municipal Industrial Development Bonds in the amount of $3,400,000.00 for Comppter Depot (Tesolution No. 84-172) City Manager Jullie said notice of this Public Hearing had been published. Dick Riley, Dougherty, Dawkins, Strand & Yost Incorporated, spoke to the request. Also present were Dan Rust of Welch Construction and Paul Larson, Chief Financial Officer for Computer Depot Inc. Finance Director Franc noted that it is to the City's advantage to use as much of its "cap" or allocation as is possible. City Attorney Pauly said he understood a new resolution was to be delivered to the City which will indicate a closing date of October 15th. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-172, giving preliminary approval to a project under the Minnesota Municipal Industrial Development Act, authorizing submission of an application to the Minnesota Enerny and Economic Development Authority for approval thereof and authorizing preparation of necessary documents in connection with the project. Motion carried unanimously. City Council Minutes -8- August 7, 1984 V. PAYMENT OF CLAIMS NOS. 14991 - 15318 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 14991 - 15318. Roll call vote: Anderson, Bentley, Redpath, and Tangen voted "aye," Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for removal of stop sins on mid-block of Kingston Drive Acting Mayor Redpath reviewed the reason for the Council's request for a sight distance study of the mid-block stop signs on Kingston Drive. Director of Public Works Dietz said Staff had reviewed the sight distance of the vertical curves where the stop signs are located. He noted that preliminary indications are that sight distances are ok north of Crown Drive, but less than desirable at the crest south of Crown Drive. He referred to material included in the packet which further substantiated these findings. Dietz said there several alternatives: 1) leave the signs as they are; 2) accept the recommendation of the Public Safety Department which was to leave the stop sign adjacent to 7000 Kingston Drive for southbond traffic and to remove stop signs for northbound traffic near 7000 Kingston Drive and both stop signs near 6893 Kingston Drive; 3) authorize a $4,000 reconstruction project to improve the sight lines; or 4) put up "Limited Sight Distance" sign and post a 20 mile per hour speed limit. Gretchen Shaw, 7001 Kingston Drive, questioned the Cost of redoing Kingston to correct the sight distance because she did not feel the cost of relocating utilities had been taken into account. Dietz said this issue had been taken into account in making the estimates. Roger Cook, Golf and Kingston, said he felt this was a "make work" project -- didn't the City employees have anything better to do. Connie Sauer, 6890 Kingston Drive, said she doesn't think it costs the City anything to keep the signs there. She indicated that kids use the street as there are no sidewalks. John Witham, 6893 Kingston Drive, said he doesn't know anyone who wants to have the signs removed. He said it is a safety issue. Bernie Galler, 6901 Kingston Drive, asked what were cited as the reasons for removing the signs. Redpath said the main reason was because they are a nuisance. Anderson said there are problems in the winter with cars getting up Kingston Drive. He added that it is difficult for someone new to the area to see the stop signs. Director of Community Services Lambert noted this matter had been brought up at the Parks, Recreation & Natural Resources Commission Meeting last evening. He said the Commission voted ;() City Council Minutes -9- August 7, 1984 to recommend leaving the stop signs up and to look into putting in a sidewalk along Kingston Drive. Lyle Shaw, 7001 Kingston Drive, distributed a letter to members of the Council which included material supporting keeping the signs where they are. He reviewed the sight distances involved. (Letter attached.) Anderson said he felt stop signs should be visible. He posed the question: if we are going to have mid-block signs in one neighborhood, what is to preclude having them in other neighborhoods? Redpath asked City Attorney Pauly if the City had the right to clear the easement to make the signs more visible. Pauly said the City could do so. Bentley said he did not feel there was an overriding public health or welfare issue involved here and saw no need to remove the signs. Tangen said perhaps the stop signs could become "slow" signs during the Winter when traffic problems are more apt to occur. Anderson said he would like to see the northernmost signs removed; the signs on the south should remain. Redpath said he was disappointed because the residents of the area who have complained most to him over the years were not present to voice their opinions before the Council. Anderson moved to adopt the recommendation concerning mid-block stop signs as proposed by the Department of Public Safety. The motion died for lack of a second. Tangen said he would not second the motion because there was no connunication from those who are in favor of removing the signs. Lee Wohl said he lives near the northbound stop sign on the south and he said he felt the sight distance should be the same whether one is driving northbound or southbound. MOTION: Anderson moved, seconded by Tangen, to direct Staff to see that the stop signs are made visible. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to do a feasibility study on the need for and cost of a trail along Kingston Drive from Golf View Drive to Holly Road. Motion carried unanimously. Gretchen Shaw expressed concern about the need for plowing sidewalks in the Winter. Anderson noted that Holly Road has been given priority be- cause school kids use it to get to and from Forest Hills Elementary School. City Council Minutes -10- August 7, 1984 B. Request for extension of Municipal Industrial Development Bonds until December 31, 1984 for Thomas Hotel Company 'Sheraton Hotel) Ralph Thomas was present to answer questions. MOTION, Bentley moved seconded by Tangen, to adopt Resolution No. 84-196, extending preliminary approval previously given to a project under the Municipal Industrial Development Act. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley. - noted an erosion problem in the Hans Hagen development between Fieldcrest and Hyland Terrace. B. Re_pert of City Manager I. Meetina_with Sandra Gardebring re: Lake Ann Interceptor City Manager Jullie said he had attended a meeting with Sandra Garde- bring and members of the Metropolitan Council regarding the Lake Ann Interceptor. Chanhassen people were also at the meeting. He said they requested that the Lake Ann Interceptor be built as well as the Red Rock Interceptor. Should this happen, it would be to the City's advantage. Jullie suggested the City contribute to the cost of the interceptor. Redpath said some very good points were node at the meeting. Tangen suggested the City look into doing something in cooperation with Chanhassen so the cost might be shared. 2. Star Cities Program Redpath noted that Marge Friederichs, Executive Secretary, Eden Prairie Chamber of Commerce, had contacted him to request the City's assistance in funding the Star Cities Program. The Chamber would like to have the City contribute $500. The concensus was to designate $500 to this Chamber program. C. port of the City Attornet There was no report. D. Report of Director of Public Works 1. Award contract for 1984 Seal Coat Project (Resolution No. 84-208) MOTION: Bentley moved, seconded by Anderson, to accept the bid for I.C. 52-063, 1984 Eituminous Seal Coating, which had been submitted by Allied Blacktop Co., Inc. Roll call vote: Anderson, Bentley, Redpath and Tangen voted "aye." Motion carried unanimously. City Council Minutes -11- August 7, 1984 IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Anderson moved, seconded by Bentley, to adjourn the meeting at 10:58 p.m. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 28, 1984 COUNCIL MEMBERS: CITY COUNCIL STAFF: INVOCATION: Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all members were present. 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Rober Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: III. L. Approval of plans and specifications for I.C. 52-065, Norseman's 6th Addition street and utility improvements (Resolution No. 84-221). The following item was moved from VIII. A. to III. M. 1st Reading of Ordinance No. 56-84, amending .City Code Chapter 9, Section 9.40, Firearms Regulations, and Adoption of Resolution No. 222, outlining criteFia to be used for issuance of Hunting Permits by the Public Safety Department. The following item was deleted from the Agenda because it had been published for September 4, 1984: IV. D. Treanor Addition by Guy K. Treanor, MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other Items of Business as amended and published. _Motion carried unanimously. II. MINUTES A. weeti .nl_held Tuesdy. June 19,_R4 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the City Council meeting held Tuesday, June 19, 1984, as published. Motion carried with Anderson abstaining. City Council Minutes -2- August 28, 1984 B. City Council meeting held Tuesday, July 10, 1984 Page 6, para. 9: change the last sentence to read as follows: Bentley noted that the developer had not provided adequate lot size transition within the project. MOTION: Redpath moved, seconded by Andersen, to approve the Minutes of the City Council meeting held Tuesday, July 10, 1984, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. ST. ANDREW CHURCH. 2nd Reading of Ordinance No. 46-84, zoning district change from Rural to Public, approval of Supplement to Developer's Agreement for St. Andrew Church, and adoption of Resolution No. 84-210, approving Summary of Ordinance No. 46-84 and ordering publication of said Summary of St. Andrew Church Supplement. 1.2 acres for church expansion. Location: northwest quadrant of Baker Road and Valley View Road. B. Approval of sublease with Hennepin Countylegarding leaf recycling center C. Appointment of the Assistant to the City Manager to the Advisory Committee to administer and monitor the feasibility study fEIT77-Opt Out" D. Reitherman Lot Split E. Revocation and redesignation of CSAH 39, Roberts Drive and Valley View Road TResolution NO. 84-2171— _ F. Final Plat appl:oval for Gonyea 4th Addition (Resolution No. 84-220) G. Set Public Hearing for easement vacation in Feffer Addition for 7:30 PM, September 18, 1984 H. Set Public Hearing for easement vacations on Lot 1, Block 2, Fairway Woods 3rd_Addition,_for_7:30 PM, September 18,1984 I. final approval of Municipal Industrial Development Bonds in the amount of $465,000.00 for Kinder Care (Resolution No. 84-197) J. Accept Warranty Deed for Carmel Park K. Resolution No. 84-221, appointing Election Judges for the Primary Election L. Approval of plans and specifications for I.C. 5?-065, Norseman's 6th Addition street and utility improvements (Resolution No. 84-227) M. 1st Reading of Ordinance No. 56-84, amending City . Code Chapter 9, Section 9.40, II it ReTlations, and Adoption of Resolution No. 222, outlining criteria to be used for issuance of Hunting Permits tly the Public_Safety Department MOIION: Redpath moved, seconded by Anderson, to approve items A - M on the Consent Calendar. Motion carried unanimously. City Council Minutes -3- August 28, 1984 IV. PUBLIC HFARINGS A. TURNBULL Request for Preliminary Plat of approximately 15.28 acres into two lots for Rural housing development. Location: north of Highway 169, east of Dell Road. (Resolution No. 84-175 - preliminary plat) - continued from 7/17/84 Council Agenda. City Manager Jullie indicated the proposed Option Agreement for the road right-of-way had been prepared by the City Attorney's office. John Turnbull was present to answer questions. Mary Kunstmann, 10001 Dell Road, said she had lived at that address since April; she said at this point in time they would not be willing to have the road become a City road. Fred Allis, 10005 Dell Road, said he concurred with Mrs. Kunstmann. He said he is comfortable with the manner in which the road is maintained now. Jim Allis, 10005 Dell Road, said the road is totally adquate for their needs. He noted that it is a wooded lane and that is considered to be one of the amenities of their property. Redpath said his main concern is that a road be available. Penzel said the intention was to provide for a road and not to construct one at the present time. Turnbull said they are thinking about their privacy and wants that protected. Kunstmann asked if there were any residents on the road who were not able to get in and out now. Penzel said that has not happened. Jullie suggested that language be added to the Option Agreement to the effect that it is not the City's intent to exercise this option at this time. Redpath asked if this easement option would just concern Turnbull 's property since the division had not been made. City Attorney Pauly said it would include all of the property which is subject to the platting process. The division which was attempted a year or so ago was not approved by the City and therefore the parties do not get a separate tax statement which is in violation of the subdivision ordinance of the City. The Board of Appeals granted a variance for less than ten acres; a condition of that variance was that the applicant had to plat the property and to grant conservation easements on the lower portions of the slope. The application for platting is now before the Council and a part of that process is consideration of the need for public streets. Turnbull said that is a very legal question. Turnbull sdid he would be willing to go along with something in the future, but he did not wish to commit to anything right now. Penzel said there am o two recommendations before the Council: ore as proposed or one as amended to state the City's intent is not to exercise this option at this time. City Council Minutes -4- August 28, 1984 Dick Feerick, 6518 Leesborough Avenue, stated Turnbull has been trying as best he can to resolve this matter. Feerick said Turnbull came here thinking the issue could be resolved, but there is nothing he can do because he cannot commit for his neighbors. Penzel said Turnbull is the legal owner of record of the 15 or 17 acres parcel; in the records, the Kunstmanns do not own any property. Pauly noted the division is contrary to City Code. MOTION: Anderson moved, seconded by Redpath, to continue action on this item to the September 18, 1984, meeting of the City Council to allow the proponent time to discuss this issue with his neighbors and attorney. Motion carried unanimously. B. MUIRFIELD by Tandem Corporation. Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential for approximately 25 acres; Planned Unit Development District Review, with variances and zoning from Rural to 81-13.5 for approximately 25 acres; preliminary plat of 36 acres into 119 single family lots; and Environmental Assessment Worksheet. Location: north side of Valley View Road, west of Park View Drive. City Manager Jullie called attention to Planning Director Enger's memo of August 24th in which he noted the Planning Commission had been unable to reach a consensus for a recommendation on this project. Jullie stated, as noted by the petitions, there is considerable opposition from neighbors concerning the proposed density of this project. Planning Director Enger reviewed the problems which had occurred in sending out notices for the Public Hearings on this proposal; he particularly noted that some notices had been hand delivered due to a mix-up in the ordering of address labels. City Attorney Pauly noted the City had acted in "good faith" and, in his opinion, the Public Hearing was legal. Dick Putnam, Tandem Corporation, introduced Jim Ostenson, Tandem Corporation; Lyle Nash, Twin City Federal, a partner in the project; Ken Adolph, engineer; and Bud Redder, a builder. Putnam addressed the proposal. Putnam asked that the Council consider granting 1st Reading of the Ordinance based on the Planned Unit Development presented this evening, review of the EAW, change the Comprehensive Guide Plan to reflect 3.1 units per acre as acceptable and refer the project back to the Planning Commission for its review. Redpath said it was his opinion that the Council could not grant 1st Reading prior to the Planning Commission's review of the proposal. Enger said Staff had reviewed a different plan (Staff Report of July 20th) which included a mixture of 13.5 lot sizes ringing the project. This plan also included a transition area. Staff recommended, based on that plan, that a further transitional area be included. Enger noted that Staff had not evaluated the plan presented this evening. He stated the Planning Commission had a tie vote on the original plan for Muirfield. City Council Minutes -5- August 28, 1984 Redpath asked where the storm sewer would come through the area. Director of Public Works Dietz reviewed what alternatives had been under consideration including a pond in the Muirfield development. Redpath asked if the neighbor- ing residents would be asked to participate in such a project. Dietz said they could be; the possibilities have only recently been considered. Tangen noted that the density has changed and as a result the whole proposal has changed. He said he had difficulty with the density question. He suggested this be referred back to Staff and the Planning Commission for further review. Bentley said he felt the Planning Commission must take affirmative action on the Guide Plan amendment for the City Council to act. He asked the City Attorney if this was a correct interpretation of the Planning Act. Pauly said it was; the Planning Commission must make a recommendation on an amend- ment to the Guide Plan before the Council can act. Bentley said he assumed City Codes were met by the proposal and asked, at what point does the Council look at the project to determine whether or not it meets the Guide Plan. Enger said maximum densities are reviewed -- this is used as a basis for density transfers, etc. He stated that it is his recommendation that this proposal requires a Guide Plan amendment. Bentley asked if it was correct that the Planning Commission had not taken any action regarding platting or zoning. Enger said that was correct. Bentley expressed the fact that he was upset with the Planning Commission for its lack of action on this matter; he said he is also concerned about the length of time this proposal has been in process." Enger said this has been before the Planning Commis- sion for two meetings. Anderson said the Planning Commission has been putting in a tremendous amount of time; one of the meetings at which this was discussed lasted until 2 a.m. Tangen said he did not feel the Commissions are entirely at fault. He said this proposal had changed greatly since the time the Planning Commission had looked at it; the Council is looking at something new. Redpath said he would like to see this returned to the Commission; this is no longer the same plan. Darrell Westby, 7107 Park View Lane, asked if the meeting before the Planning Commission would be an open meeting. Penzel indicated it would be either a public meeting or a public hearing. Westby asked if the adjacent property owners would be notified. Penzel said they would be. Penzel said the Council talks a lot about the 2.5 units per acre requirement and he would like to know if that is spelled out in the Guide Plan or whether that is a requirement of the zoning chapter of the City Code. He said he felt two different things might be under consideration. Enger said he would like to look into that. Tangen said he felt there should be adequate justi- fication if the City were to go above 2.5. Bentley said he is concerned about the judicious expedition of proposals; a had recommendation would be better than no recommendation at all. Eiger said the Planning Commission is looking for some direction; if they had recommended denial of this proposal, it would not have come to the Council at all (the Guide Plan change.) City Attorney Pauly said the City Council could recommend that the Planning Commis- sion approve the Guide Plan proposal/amendment. This could be done and not prejudice the City Council's further review of the matter. City Council Minutes -6- August 28, 1984 Redpath said he felt the most recent proposal is heading in the right direction. Tangen said he felt there should be a reason or justification for changes in the Guide Plan. MOTION: Redpath moved, seconded by Anderson, to continue the Public Hearing to October 2, 1984, and to return this matter to the Planning Commission for its review and recommendation. Motion carried unanimously. C. SHADY OAK RIDGE by Joseph Ruzic. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential; zoning district change from Rural to RM-6.5; and preliminary plat of 11.5 acres for 48 townhouse units. Location: north of Rowland Road, west of Old Shady Oak Road. (Resolution No. 84-212 - Comprehensive Guide Plan Amendment; Ordinance No. 54-84 - zoning from Rural to RM 6,5; and Resolution No. 84-213 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ron Krueger, land surveyor representing the proponent, addressed the project . Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on July 23, 1984, at which time it voted to recommend approval subject to the recommendations included in the July 20, 1984, Staff Report. Director of Community Services Lambert indicated the Parks, Recreation & Natural Resources Commission had reviewed this at its August 20, 1984, meeting at which time it voted to recommend approval subject to the recom- mendations included in the July 20, 1984, Planning Staff Report and with the additional recommendation that the trailway system connect to the north property line so as to connect to Carmel Park. Director of Public Works Dietz noted that this project would increase the sewer service area; this is a deviation which had been suggested at the time of the feasibility report. Since the assessment area will be increased, the amount of the assessments against individual property owners will be reduced. Anderson asked if the trailways which are proposed will be of ag lime. Lambert said the recommendation is for an 8' asphalt path to be constructed to the north. Anderson asked if this precluded a trail to the south. Lamber t said that had not been looked at yet. Bentley stated concern had been expressed by residents about expanding or extending multiple dwellings to the west of of Old Shady Oak Road. Enger said the rationale behind this proposal was that the hill would have been completely decimated if '...acre lots had been proposed. With the proposal before the Council, it was felt that the smaller building footprints would be better for the area. 2 City Council Minutes -7- August 28, 1984 Anderson asked if the trail would be a private trail. Krueger s t a t e d the details had not been worked out. Penzel asked when Old Shady Oak Road would be renamed. Jullie s a i d t h a t issue can be addressed with the review of this proposal. Redpath asked how much excavating had been done on the top of the h i l l on this property. Joseph Ruzic, 6825 Rowland Road, said less th a n 2 % of the hill had been removed. Wayne Kinion, 6401 Old Shady Oak Road, referred to his letter o f J u l y 3 1 , 1984, in which he outlined reasons why he did not feel the Guid e P l a n s h o u l d be changed. He said he did not want a precedent set by moving t h e m e d i u m density "line" further to the west; he wished to see this property r e m a i n as low density. Bentley asked Kinion if he would prefer to have a h i g h e r density and, as a result, there would be more trees saved, or woul d h e prefer to have a lower density which would result in more trees be i n g r e - moved. Kinion said he would very much like to see the plan for low d e n s i t y preserved. Cliff Bodine, 6400 Shady Oak Road, expressed concern about the gra d e l e v e l of the area on the north. He wondered how visible these units wo u l d b e f r o m his property. Krueger said the grade would be raised about 4'. B o d i n e asked more questions about the specifics regarding the effect on h i s p r o p e r t y . Bonnie Kinion, 6401 Old Shady Oak Road, said she is concerned abo u t t h e n u m b e r s she had heard tonight. She indicated she would prefer to see the a r e a n o t developed although she fully realizes that is not a true stateme n t . E n g e r said Ruzic's original request was for 48 units; the Planning Comn i s s i o n r e q u e s t e d this number be reduced to 36 units. Enger said he did not know e x a c t l y w h e r e the further reduction in the number of units would come from with i n t h e d e v e l o p - ment. Mrs. Kinion also expressed concern about the effect of the d e v e l o p m e n t on the watershed; she had not heard of any study being done in th i s r e g a r d . Dietz said that one of the requirements of the Staff Report is t h a t t h e developer's engineer must provide the City with a final design f o r s t o r m sewer run-off. This has been provided by Ruzic's engineer. Ruz i c s a i d h e could make more money if the property were developed in single f a m i l y u n i t s , but he wishes to retain the hill and that is why he is requestin g w h a t i s now under discussion. Bentley said there has been a case made for the Guide Plan chan g e . H e n o t e d the City is on the threshhold of needing to make a major policy r e v i e w r e g a r d - ing the Guide Plan. He said he felt the Council is going to be s e e i n g m o r e and more requests such as this one. MOTION: Bentley moved seconded by Anderson, to close the Public H e a r i n g and to adopt Resolution No. 84-212, Comprehensive Guide Plan C h a n g e . M o t i o n carried unanimously. City Council Minutes -8- August 28, 1984 MOTION: Bentley moved, seconded by Anderson, to give 1st Reading to Or- dinance No. 54-84, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 84-213, approving the preliminary plat of Shady Oak Ridge for Joseph Ruzic. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement as per Commission and Staff recommendations and including a tree inventory, staking of grading areas and providing snow fencing for further delineation and protection, providing replacement trees on a caliper inch for caliper inch basis for trees removed, providing more screening of the northern area and the area facing Kinion's home, and the trail which will go through the property will be a public trail (the details to be resolved prior to 2nd Reading.) The name of Old Shady Oak Road will also be changed during this process. Motion carried unanimously. D. TREANOR ADDITION by Guy K. Treanor. Request for Preliminary Plat of 0.734 acres into two lots for residential development. Location: 16135 Valley View Road. (Resolution No. 84-214 - preliminary plat) This item was published to be heard at the City Council Meeting on September 4, 1984. E. Fall 1984 Special Assessment Hearing (Resolution No. 84-219) City Manager Jullic indicated notice of this Public Hearing was published and notices were mailed to all property owners as listed on the proposed assessment rolls. Director of Public Works Dietz reviewed the following projects: 1. IC. 51-356 No comments from the audience. 2. I.C. 51-308A No comments from the audience. 3. I.C. 52-043 No comments from the audience. 4. IC. 52-048 No commnts from the audience. 5. I.C._52-057 No comments from the audience. City Council Minutes -9- August 28, 1984 6. Trunk Sewer and Water Larry Griffith, representing Wally Hustad, requested action be deferred for two weeks so they might have an opportunity to study the assessments further; a $50,000 error had been noted and they would like to examine the remaining assessments against their prop- erties. He noted that he had a written objection to present as per the requirement of the State Statute. There was some discussion regarding a bid opening which had already been postponed to October; Dietz indicated he would like to see the assessments adopted so this might be completed. City Attorney Pauly explained the procedure which might be used should the assessment rolls be adopted this evening relative to the letting of the contract. Dietz noted that the City had received a written objection from the owners of Crescent Ridge regarding their assessment, Dave Kasteleck, representing the owners of Crescent Ridge, indicated they would like more time to review the numbers. Dietz said there would be no problem deferring action on this assessment for 30 days as there is no bidding process involved therefore time is not a critical factor. 7. Lateral Sewer and Water There were no comments from the audience. 8. Tree Removal City Forester Stu Fox reviewed the special assessments for tree removal. He referred to his memorandum of August 28, 1984, (attached.) Thomas Carey, 10545 Humboldt Avenue North, Brooklyn Park, owner of property at 6310-12 Kutcher Lane, asked that the $485 assessment be forgiven. He said this is rental property and he reviewed the problems which he had incurred with this property. He stated he was unaware of the fact the trees had been marked and his renter(s) did not tell him about this. It was suggested this matter he continued to the September 4, 1984, meeting of the City Council which would allow Staff time to review the situation with Carey. An objection was filed on two properties by Faulk. It was suggested action on this be continued for one week to allow further review. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing on all items except the Hustad properties (continued for one week), Crescent Ridge (continued to September 18, 1984), Carey and Faulk (continued for one week to September 4, 1984) and to adopt the special assessments on all but the previously mentioned properties as noted in Resolution No. 84-219, Exhibit A. Motion carried unanimously. City Council Minutes -10- August 28, 1984 F. Request for Multi-family HousinRBonds in the amount of $6,000,000.00 for Eames Partnership (Resolution No. 84-22 -0— City Manager Jullie stated notice of this Public Hearing had been published. David Ames, proponent, addressed the proposal. The consensus of the Council was that more information was needed; the application was not complete. MOTION: Redpath moved, seconded by Tangen, to continue action on this item to the Council Meeting to be held on September 4, 1984, to allow City Staff to work with the proponent. Motion carried unanimously. G. Request for Municipal Industrial Development Bonds in the amount of $1,675,000.00 for Reynolds Printing . (R051-ution No. 84-2231 City Manager Jullie indicated notice of this Public Hearing had been published. Finance Director Frane asked that consideration of Resolution No. 84-223 be continued pending receipt of a check from Reynolds for the deposit and also for verification of proper zoning and site location. MOTION: Redpath moved, seconded by Tangen, to continued action on this request to the September 4, 1984, meeting of the City Council as per the recommendation of Finance Director Frane. Motion carried unanimously. H. Request for Multi-family Housing Bonds in the amount of $13,500,000.00 for Chasewood (Resolution No. 84-195Y ---- City Manager Jullie stated notice of this Public Hearing had been published. Jerry Hertel, Juran 8, Moody Inc,, addressed the request. There were no comments from the audience, - MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-195, granting preliminary approval of Housing Revenue Bonds in the amount of $13,725,000.00 for Chasewood (Eden Prairie I Limited.) Motion carried unanimously. I. Request for Municipal Industrial Development Bonds in the amount of P,750,000.00 for Portnoy 7-Resolution No. 84-194 City Manager Jullie said notice of this Public Hearing had been published. 2 363 City Council Minutes -11- August 28, 1984 Gerald Portnoy, proponent, was present to answer questions. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-194, granting preliminary approval of MIDB's in the amount of $2,750,000.00 for the Portnoy Project. Motion carried unanimously. Finance Director Frane explained the City could make a "deposit" which would hold the remainder of the City's cap this deposit must be made with the State. MOTION: Bentley moved, seconded by Redpath, to deposit approximately $34,000 with the State of Minnesota to hold the City's cap. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. • Fairway Woods 3rd Addition easement vacation (Resolution No. 84-192) City Manager Jullie stated notice of this Public Hearing was published. Director of Public Works Dietz addressed the reason for the vacation. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-192, vacating drainage and utility easements on Lot 2, Block 2, Fairway Wood 3rd Addition. Motion carried unanimously. K. Ridgewood West 4th Addition Right-of-Way and Easement Vacation (Resolution No. 84-18) City Manager Jullie said notice of this Public Hear'ing was published. Director of Public Works Dietz reviewed the details of this vacation request. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-185, vacating drainage and utility easements and right-of-way in Ridgewood West. Motion carried unanimously. L. Lorence 1st Addition Easement Vacation (Valley_Pondl (Resolution No, 84-218) City Manager Jullie indicated notice of this Public Hearing had been published. Director of Public Works Dietz reviewed the details of this vacation request. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-218, terminating certain easement agreements over part of Lot 1, Block 3, Lorence 1st Addition. Motion carried unanimously. City Council Minutes -12- August 28, 1984 M. Valley Curve Easement Vacation (Resolution No. 84-233) Official notice of this Public Hearing was published. Director of Public Works Dietz explained the reason for this request. There were no comments from the audience. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and adopt Resolution No. 84-183, terminating certain drainage and utility easements over portions of the Valley Curve subdivisions. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to continue the meeting past the 11:30 p.m. time of adjournment. Motion carried unanimously. N. Ordinance No. 53-84, amending City Code Section 11.70, Subd. 3.A. & Subd. 5.E., regarding non-accessory signs, including violations and fines, appe-iiTn variances, especially with respect to campaign signs City Manager Jullie indicated notice of this Public Hearing had been published. Redpath questioned the 30 day period which signs can be up following the receipt of a notice requesting their removal. Discussion ensued with the Council's consensus being that the time period should be reduced to 3 days. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No'. 53-84, amending City Code Section 11.70, Subd. 3.A. & Suhd. 5,E„ regarding non- accessory signs, including violations and fines, appeals & variances, with respect to campaign signs as amended changing the 30 day time period to 3 days. Tangen asked what type of notification is given to candidates advising them of campaign rules and regulations with specific reference to sign policies and procedures. Finance Director Franc outlined the materials distributed to each candidate when he or she files for office. City Attorney Pauly noted what is included in State Statutes. Penzel said candidates are urged to place signs 15' back from the curb. VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -13- August 28, 1984 Portions of the August 28th Agenda were continued to September 4, 1984. Minutes for that portion of the Agenda follow. Consequently, items were not acted upon in the order in which they were listed on the Agenda. IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Appeal by ()avid Brown _on decision of Board of Appeals & Adjustments on his Lot Size Variance requcIst Nelson Berg, 903 Excelsior Avenue West, Hopkins, attorney for the Browns, stated he was representing the Browns regarding the issuance of a variance request for Mr. Brown to build a residence on his 3.2 acre lot which is in a rural zoned area. He noted the application was denied by the Board of Appeals; the four reasons indicated were: traffic concerns on Eden Prairie Road, a statement that the variance was too great and unreasonable, a statement that the parcel could he used for other purposes than a single family dwelling, and that common ownership which may result in hardship was created by the owner. Berg indicated there were materials contained in the Council packet from the Director of Public Works and the Public Safety Department which indicate that the traffic concerns may not be as great as was felt before. He also stated there was a report from the Building Department informing that the soil and septic information was acceptable and in conformance with City requirements. Jim Benshoof, traffic engineer/consultant, said he was asked to address one central question: whether it was possible to design a single family residential driveway for this property which would meet normal traffic safety standards. Benshoof then reviewed, using schematics, the traffic patterns and situations on Eden Prairie Road and demonstrated relative sight distance patterns. Benshoof also referred to.comparable areas in the City. He stated he had inquired about the accident history on Eden Prairie Road and the Department of Public Safety had not indicated any problem in the vicinity of that driveway. Berg added that the City had received a letter form the School District dated April 23, 1984, addressed to Chris Enger, indicating that the School District had looked into the location and access of a school pickup (this was done at Mr. Brown's request) and had found no reason to raise any objections. John Hansen, 16480 Hilltop Road, stated he has lived in the City for 17 years and during that time has been involved in real estate. He reviewed his involvement with the piece of property which is owned by the Browns as well as his recollections of transactions in that area of the City. He noted his children have ridden the school bus which travels on Eden Prairie Road and he has never felt safety to be an issue. He said he could think of no better use for the Brown property than for a single family dwelling. Berg asked Hansen to comment on the four possible uses which are provided for in the rural zoning district: agricultural, commer- cial stables, public facilities and services, and single family dwellings. City Council Minutes -14- August 28, 1984 Hansen said he felt agricultural use on this property was impossible due to the steep slope and the forested bluff; horses would destroy the forested area so a commercial stable operation would not be reasonable; it is not the type of place which would be chosen by a telephone company or other public service; consequently, there is no other reasonable use except a single family dwelling. Hansen said most of the rest of Eden Prairie does not have rural zoning anymore because the parcels have been subdivided and developed into smaller parcels; he questioned the wisdom of the ordinance which says lots in the rural area must be 10 acres in size. He said he would like to see the bluffs protected, but did not think allowing the Browns to build a home would damage the bluffs. Penzel noted that the zoning on the Brown property has always been rural. He also stated that even in 1973 the lot did not meet the five acre minimum requirement. Hansen stated that there was a 5 acre minimum at that time and that all lots had been grandfathered. City Attorney Pauly explained that grandfathering is accepting a non-conforming use which is in existence at the time of the adoption of the ordinance or the Code. Hansen said he could recall a number of properties which had been built on in the past few years which were less than five acres in size. Director of Planning Enger said he was aware that seven or eight years ago building permits were issued on parcels that had been on record prior to 1968; this did not mean it had been a correct procedure and it was something which the Staff later corrected. Tangen asked when the Brown lot was platted. Berg said these are metes and bounds of unplatted property and the parcels were in existence. Pauly suggestu" the Council refer to pages 1765 and 1766 in the Council packet which reviewed • the history of the property. Berg noted that two separate parcels were created in 1967 by action taken by Gingold, Jr. This warranty deed was recorded on October 25, 1967. Berg said it is his position that by the issuance of that warranty deed two separate legal lots were created and that predated the adoption of the Ordinance in 1969. Bentley asked what the size of those two lots was. Berg said the Nielsen lot was 4.4 acres and the Brown lot was 3.2 acres. Redpath said the Brown parcel is not shown on the chart until 1972. Berg said if you have one parcel and a portion of that is deeded off, then you have two separate parcels of property; the title is separate, the abstracting is separate and the tax assessment is separate. He stated the parcels have been taxed separately since 1967. Berg noted the Brown parcel shows up on the chart across from October 25, 1967, when the division occurred. Bentley said the question remains as to whether or not this is a buildable site for housing; what is the highest and best use of that property? Berg reOewed the financial dealings which had occurred in regard to the property and which have further complicated the matter. He stated that Brown is proposing a home which is compatible with the intent and spirit of the rural zoning ordinance; he has plans for a 5150,000 home which will use solar passive energy and therefore will he built into the hill. Tangeo asked what assurances might have been given by the City which would have indicated this to be a buildable parcel. David Brown, property owner, said ho had spoken to Jean Johnson in 1977 and she had said there was no problem with building on that property, 2;V:1 City Council Minutes -15- August 28, 1984 Dean Edstrom, 10133 Eden Prairie Road, asked that the Council affirm the decision of the Board of Appeals. He said he did not consider the request to be a variance but rather a rezoning. Edstrom referred to his letter of April 10, 1984, which was included in the Council packet, in which he discussed reasons why the variance should not be granted. He said he felt a key fact was that the parcel was in common ownership with abutting proper- ties at the time of the adoption of the restrictive zoning ordinance and that this defeats any claim of hardship with respect to this parcel. He went on to say that other residents have acquired parcels in the area so as to increase the aneunt of acreage owned by them to further conform with the present ordinance requirements. Edstrom said he is very concerned about the safety question on Eden Prairie Road. He indicated there are many accidents which are not reported to the Department of Public Safety -- in the Winter accidents caused by slippery conditions and in the Summer accidents resulting from people travelling too fast. He said he is aware of these because the "victims" often come to his home to use a phone to call for assistance. Edstrom said a school bus stop at the location of the proposed driveway would be extremely hazardous. He said there are times when the roads are bad when the School's Department of Transportation will call and request that their children be picked up at the intersection of County Roads 1 and 4. Loren Wuttke, 16860 Flying Cloud Drive, said he owns 40 acres and would like to have the Browns for neighbors. He said he feels this is a moral issue. He feels the property is subject to vandalism if left in its present state. He did not feel size of parcel should be an issue. Berg said variances require the Council to deal with each situation on the merits of that situation. He stated that when the facts fit into a situation where there is a hardship that is not the doing of the applicant, and circum- stances are such that the variance can be granted in support of the spirit of the ordinance, then there is a responsibility to do that. Berg said he had discussed the law of the common lot situation with City Attorney Pauly and there is conflicting law as to how to interpret that. Benshoof further responded to some of the issues which had been brought up during the course of the discussion. Tangen said from what he heard this evening and from what he had read in the materials distributed to the Council, this lot was formed prior to zoning in 1968. He said he concluded that Brown entered into an agreement for this property in 1977 at which time lots of this size were being allowed to be built on; Brown may have been given information by the City which lead him to believe this was a buildable site. He said he did not think the Council was necessarily setting a precedent in allowing the bluff to be developed because this property is already serviced by a road and would need only a driveway. Tangen moved to recommend the variance be granted. The motion died for lack of a second. City Council Minutes -16- August 28, 1984 Tangen expressed concern about preservation of the bluff. MOTION: Redpath moved, seconded by Anderson, to affirm the decision of the Board of Appeals. Redpath said for as long as he has been on the Council, there has been concern regarding the preservation of the bluffs; that was the rationale behind the 5 acre and then the 10 acre limitations. He stated the entire southwest corner of the City is under that same restriction. Bentley said he had not heard any compelling reasons for granting the variance. He did not feel it Was in compliance with the City Code. Penzel felt the responses in support of the granting of the variance were justifications citing examples along the top of the bluff not at the base and were, therefore, dramatically different from this proposal. He said he felt the ordinance changes which were imposed originally in 1968-69 and which were modified later on would have made this lot unbuildable even in 1977 much less 1984. City Attorney Pauly requested that the Council provide reasons and findings in support of whatever its ultimate decision. He suggested this be referred to Staff for drafing in support of that position. Pauly also noted that the Minutes should reflect the fact that pages 1750 - 1857 of the Agenda refer to this question and are a part of the evidence which has been con- sidered by the Council. With the consent of the seconder, the motion was restated to read as follows: MOTION: Redpath moved, seconded by Anderson, to affirm the decision of the Board of Appeals, and to refer the matter to the City Attorney for a drafting of a Resolution stating the Council's findings, reasons for denial and those findings. Motion carried with Tangen voting "no." V. PAYMENT OF CLAIMS NOS. 15319 - 15717 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of Claims Nos. 15319 - 15717. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. Tangen suggested the balance of the Agenda be considered at the September 4th meeting. Penzel asked if there was anything which required Council action this evening, City Council Minutes -17- August 28, 1984 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS C. Report of Director of Community Services 1. Proposed study of Lake RilEt Director of Community Services Lambert referred to his memorandum of August 23, 1984, in which the proposed Lake Riley Improvement Project was discussed. MOTION: Redpath moved, seconded by Anderson, to authorize up to $5,000 to prepare a preliminary study on potential biomanipulation of Lake Riley to clean up the algae and weed problem. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. A. Reports of Council Members Penzel - reported on a meeting he had with Don Chmiel and Sam Higuchi of Northern States Power regarding the designation of a power line routing for Highway 212. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Penzel, to adjourn the meeting to 7 p.m; on Tuesday, September 4, 1984, at which time the unfinished business from this evening's Agenda will be completed. NOTE: VIII. A. 1st Reading_of Ordinance No. 56-84, amending_ City Code Chapter 9, Section 9.40, Firearms Regulations, and Adution of Resolution No. 222, outlining criteria to be used for issuance of Hunting Permits by the Public Safety Department was moved to the Consent Calendar as fIILM. 3-1 City Council Minutes -18- August 28, 1984 ROLL CALL: all members were present Mayor Penzel reconvened the meeting at 7:00 p.m., Tuesday, September 4, 1984, which was contiRued from Tuesday, August 28, 1934. VII. APPOINTMENTS A. Appointment of member to the Human Rights & Services Commission for a term to expire 2/28/87 MOTION: Anderson moved, seconded by Bentley, to appoint Leslie Thoreson to the Human Rights & Services Commission for a term to expire 2/28/87. Motion carried unanimously. B. Appointment to the Minnetonka School District Advisory_Council (indefinite term) MOTION: Bentley moved, seconded by Anderson, to appoint Bob Mavis to the Minnetonka School District Advisory Council for an indefinite term. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & CONMISSIONS B. Report of City Manager There was none. D. Report of Finance Director 1. Clerk's License List MOTION: Bentley moved, seconded by Redpath, to approve the Clerk's License List with the provision that the stipulation be made in granting the kennel license for Darrell and Sally Olson of 15608 Park Terrace Drive that, should an animal die it will not be replaced. Anderson noted that concerns had been expressed regarding this license in letters received by the City Council. He asked if it would not be easier to address the problems prior to granting the kennel license. City Attorney Pauly said that provisions on the licensee can be placed in granting a license. Anderson said he felt that someone requesting a kennel license should he doing so with a clean past and not under the circumstances under which this license is being granted. Tangen said there would have to be a violation cited rather than just a complaint against the licensee. VOTE ON THE MOTION: Motion carried unanimously, City Council Minutes -19- August 28, 1984 VI. REPORTS OF ADVISORY_ COMMISSIONS A. Development Commission - Recommendations on Municipal Industrial Develop- ment Bond Guidelines City Manager Jullie referred to Assistant to the City Manager Dawson's memorandum of August 28, 1984. Jullie said he thought it would be appropriate for the Council to comment on the guidelines and to refer them back to the Development Commission for more discussion. Redpath said he would ask the Development Commission to include family restaurants. MOTION: Anderson moved, seconded by Bnetley, to refer the recommendations on Municipal Industrial Development Bond Guidelines back to the Development Commission. Bentley asked how the Conunission came up with the percentage in #5; he would like to know what the definition of small business is in #6; he felt #7 might be very limiting; and in #8 he wondered what might be a credit enhancement device. Tangen said he had a problem with being too locked in on #5; it might be too restrictive. VOTE ON THE MOTION: The motion carried unanimously. Jullie said this will probably be on the Council Agenda for the 2nd meeting in October. XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 7:22 p.m. Motion carried unanimously. 2 MEMORANDUM TO: THRU: FROM: DATE: . SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services October 30, 1984 Cahill Silent Auction The Community Services staff received a phone request from Ms. Kathy Waldrup, on behalf of Cahill Elementary School, for the Community Center to donate a one year membership to the Community Center to be used as part of a fund raiser for Cahill Elementary School during their silent auction. On October 15, 1984, the Parks, Recreation and Natural Resources Commission reviewed this request and recommended approval of donating a one year family membership to the Edon Prairie Community Center for use as a part of their fund raiser. The Community Services staff concur with the Parks, Recreation and Natural Resources Commission recommendation and recommend approval of this request. 111,:md 2?) 13 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullic, City Manager Bob Lambert, Director of Community Services/ October 30, 1984 Request Authorization to Advertise for Bids for Tractor and Snowblower The City Council has approved the purchase of a tractor and snowblower for the 1985 budget. Staff requests authorization to advertise for bids in the Eden Pri...irie News on November 7, 1984. Bids will be opened on Tuesday, November 27 1984, at 10 a.m., at the Eden Prairie City Hall. The estimated cost for this tractor and snowblower is $28,000 BL:md /LI MEMORANDUM TO: THU: FROM: DATE: SUBJECT: Mayor and City Council 'Carl Jullic, City Manager Bob Lambert, Director of Community Services October 30, 1984 Proposed Agreement Between the City of Eden Prairie, the City of Chanhassen, and the Riley-Purgatory-Bluff Creek Watershed District Authorizing a Feasibility Study for the Lake Riley and Riley Creek Area On August 29, 1984, the Eden Prairie City Council reviewed the June 21 letter from the Watershed District regarding a possible biomanipulation program for Lake Riley. The City also reviewed the July 24, 1984 letter from the City of Chanhassen regarding the possible study of Lake Riley. The City concurred with the City of Chanhassen in that the "preliminary work" referred to in Mr. Fred Richards memorandum is actually the feasibility study that would include the recommendation of a management program and an estimate of implementation costs. At the August 28 meeting, the City Council approved up to $5,000 for the pre- paration of this report under the terms of the joint participation outlined in the June 21 memo. Attached, for final aproval, is a copy of the proposed cooperative agreement between the Riley-Purgatory-Bluff Creek Watershed District and the cities of Chanhassen and Eden Prairie pertaining to the feasibility study to be undertaken by the District for Lake Riley and connected water courses and water bodies. The agreement limits the City's cost to $5,000, and will provide a feasibility study similar to the study that was done on Round Lake several years ago. Our City Attorney's office has reviewed this agreement and found it to be in order. Staff recommends approval of this agreement. BL:Md IS121 325•12755 LAW MICE. LANG. PAULY & DREGERBON, LTD. 410t1 MS CENTER MINNEAPOLIS, MINNESOTA 55402 pOSERT I. LAND ROSIER A. PAUL? DAVID H. MOON RICHARD r. ROSSO --- MASS.,. JOHNSON JOSEPH A. MILAN JOHN W. LAND e• October 26, 1984 Mr. Bob Lambert Community Services Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Bob: Our office has reviewed the proposed agreement be- tween the City of Eden Prairie, the City of Chanhassen, and the Riley-Purgatory - Bluff Creek Watershed District author- izing a feasibility study for the Lake Riley and Riley Creek area. Through several telephone conversations with Fred Richards and Bob Obermeyer, we have satisfied ourselves that the proposed study will not duplicate efforts made in the 1983 Metro Council Feasibility Study of Lake Riley. The engineers -intend to amalgamate the raw data gathered in that prior study, as well as other studies, and make an extensive detailed management plan for the area with specific recommendations and cost es- timates. Such a detailed management plan is apparently re- quired before any actual management program can be implemented and before federal funding can be obtained. We have looked over the entire agreement and found it to be in order. RAP/sai 2 RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT CITIES OF EDEN PRAIRIE AND CHANHASSEN Cooperative Agreement Feasibility Study For Lake and Stream Improvement Project PARTIES The Riley-Purgatory-Bluff Creek Watershed District (hereinafter "District"), the City of Eden Prairie (hereinaf t e r "Eden Prairie"), and the City of Chanhassen (hereinafter "Chanhassen") acting by and through their respective governi n g bodies, enter into this cooperative agreement by reason of a n d in recognition of the fact that the overall water and related land management plans for the District, Eden Prairie and Chanhassen will be affected by the actions of each of these public bodies in adopting or permitting water and land uses o r programs inconsistent with the District's overall plan objectives for the protection, maintenance and enhancement of public water areas within the District. II PROJECT AREA The land and water areas subject to this agreement are generally described as Lake Riley and those reaches of Riley Creek both upstream and downstream of Lake Riley impacted by the undertakings herein described, as well as other watercourses and waterbodies tributary to Lake Riley and tho s e affected reaches of Riley Creek. III PROJECT DESCRIPTION - FEASIBILITY STUDY The purpose of this Feasibility Study will be to prepare a management plan that outlines recommended alternatives for the rehabilitation of Lake Riley, connected watercourses and waterbodies, and land tributary thereto. The management alternatives to be included in the study report will be for the restoration of Lake Riley's water quality and management techniques required within that lake's tributary watershed area. Data available from the Riley-Purgatory-Bluff Creek Watershed District, Metropolitan Council, Minnesota • Department of Natural Resources, Cities of Chanhassen and Eden Prairie, Lake Riley Homeowner's Association, and other governmental agencies and citizen groups will be utilized in the preparation of recommended alternatives for any public waters' restoration. Additional data, if required, will be collected to supplement this existing data. The management plan contained in the Feasibility Study will be prepared to satisfy the Federal Environmental Protection Agency's requirements of a Phase I: Diagnostic Feasibility Study and will include a cost estimate for implementation of any recommended alternatives to be undertaken following the completion of the Feasibility Study. IV OBLIGATION OF DISTRICT The District agrees to undertake the preparation and completion of the Feasibility Study in accordance with Article III herein. The District agrees that it will complete such study by January 31, 1985 and present that study to the City Councils of Eden Prairie and Chanhassen within one month -2- I t following completion and acceptance of the Feasibility Study by the Board of Mangagers of the District. V COTS OF THE FEASIBILITY STUDY The District agrees to assume and be responsibile for the payment of the Feasibility Study, which costs shall not exceed $15,000. In the event the total project costs exceed the sum of $15,000, the District agrees to complete the entire project as agreed upon and pay for all costs in excess of the parties' financial obligations as specified in Article VI herein. VI ALLOCATION OF PROJECT COSTS; METHOD OF PAYMENT Except as provided for in Article V for payment of excess project costs, Chanhassen, Eden Prairie and the District hereby assume and agree to pay one-third of the actual project costs, but which individual obligation in no event shall exceed the sum of t5,000 for each of the parties to this Agreement. Upon submission to Eden Prairie and Chanhassen of the completed Feasibility Study and an invoice detailing the actual costs and expenses incurred by the District to complete the project work, each municipality agrees to remit to the District its payment In accordance with this Article VI. VII FURTHER OBLIGATIONS AND UNDERTAKINGS The Completion of and submission to Chanhassen and Eden Prairie of the Feasibility Study shall in no way obligate any of the parties to this agreement to undertake further -3- actions and/or proceedings which might be recommended i n t h e final report unless and until the parties may agree in w r i t i n g to any such further undertaking, committments and obliga t i o n s . This agreement shall be in force and effect upon execution by the parties in the manner set forth in a resolution of the respective governing bodies approving t h e agreement and authorizing the execution of this documen t . CITY OF CHANHASSEN By Dated: Dated: And CITY OF EDEN PRAIRIE By And RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT By Dated: And 0345q -4- 2310 October 24, 1984 TO: •CARL JULLIE 41 FROM: JACK HACKIN6 If SUBJECT: LAKE REGION MUTUAL AID The Loretto volunteer Fire Department has made a request to join the Lake Region Fire Mutual Aid Association. Eden Prairie has been a member of this organization for the past 15 years. We would like to recommend approval of the request to our city council. .,1 7 I ZafeE cREgion atuat .,„qa cAlociation Chanhassen Chaska Eden Prairie Excelsior Hamel Long Lake Maple Plain Minnetonka Mound Plymouth St. Boni Victoria Wayzata Secretary-Treasurer 933-2648 _David__Lee 5041 Clear Spring Road Phone Minnetonka, MN 55345 August 17, 1984 Dear Fire Chief: The Loretto Volunteer Fire Department has requested to join the Lake Region Fire League. Their new membership will require updating our mutual aid agreement and our Articles of Association. Enclosed herewith you will find both documents which you should read and must have signed by the proper persons. The Articles of Association must be signed by the Mayor of your City (except Hamel and Loretto which are private fire departments and require signature from the Fire Chief). The Reciprocal Fire Service Agreement must be signed by the Mayor and the City Manager (except Loretto and Hamel which are to be signed by the Fire Chief and Secretary). Please have this original copy signed and mailed back to me at the above address as soon as possible. When all municipalities have signed I will forward a photocopy to each department for your records. If you have any questions, please call me at the above phone number (my residence) or at work 866-5085. David Lee, Secretary/Treasurer ARTICLES OF ASSOCIATION LAKE REGION FIRE LEAGUE WHEREAS, the undersigned representatives of the communities of Chanhassen, Eden Prairie, Excelsior, Hamel, Long Lake, Loretto, Maple Plain, Minnetonka, Plymouth, Wayzata, Chaska, Victoria, St. Bonifacius, Mound, believe that the effectiveness of the various fire departments will be improved by join t consideration of problems involving fire protection, and WHEREAS, the communities referred to above contemplate entering into mutual assistance contracts for fire protection b y their duly authorized officials. NOW, THEREFORE, the undersigned persons hereby associate themselves for the purpose of furthering the purposes outline d above and in order to effectuate said purposes adopt th e following articles of association: 1. Name: The name of this association shall be the Lake Region Fire League. 2. Members: The members of this league shall consist of the Chief of the fire department and two other members to b e designated by the local governing body of each of the communiti e s of Chanhassen, Eden Prairie, Excelsior, Hamel, Long Lake, Loretto, Maple Plain, Minnetonka, Mound, Plymouth, Wayzata, Chaska, Victoria, St. Bonifacius. The members of this leag u e appointed by said local governing bodies shall serve until the i r successors arc duly appointed and qualified. 3. Officers: The officers of this association shall consist of a President, Vice-President, Secretary, and a Treasurer. Said officers shall be elected by a majority vote o f the members at the first meeting thereof and shall hold office until their successors are elected and qualified. Thereafter, officers shall be elected annually at the first meeting of th e members in each calendar year. The President shall preside at all meetings and shall appoint the Chairman of such committees a s may be desirable from time to time. Any Chairman so appointed by Articles of Association Lake Region Fire League Page -2- the President shall select members of the committee to serve with him. The 'Vice-President shall have all powers of the President in the absence of the President, and the Secretary shall maintain a record of all proceedings of the Association, and the Treasurer shall handle all funds of the Association. 4. Meetings: The members of the association shall meet quarterly on the second Wednesday of the first month of each calendar quarter. Such meetings shall be held as nearly as practical in rotation in the various communities represented by members of the Association and the place of such meeting shall be designated by the President. Special meetings may be called by the President from time to time. 5. Amendment of Articles: These Articles of Association may be amended by affirmative vote of 4/5 of all of the members of the Association at any regylar meeting. / M CHANHASSEN o AYOR EDEN PRAIRIE MAYOR EXCELSIOR MAYOR HAMEL FIRE CHIEF LONG LAKE MAYOR LORETTO FIRE CHIEF MAPLE PLAIN MAYOR MINNETONKA MAYOR MOUND MAYOR PLYMOUTH MAYOR WAYZATA MAYOR CHASKA MAYOR VICTORIA MAYOR ST. BONIFACIUS MAYOR RECIPROCAL FIRE SERVICE AGREEMENT THIS AGREEMENT made in the County of Hennepin. State of Minnesota, by and between the municipalities of Chanhassen, E d e n Prairie, Excelsior, Hamel, Long Lake, Loretto, Maple Plain, Minnetonka, Mound, Plymouth, Wayzata, Chaska, Victoria, St. Bonifacius, said parties being municipal corporations of t h e State of Minnesota, WITNESSETH: WHEREAS, the said municipalities desire to make available to each other their respective fire-fighting equipment and perso n n e l in the case of emergencies, and each of said municipalitie s h a s legal authority to send its fire-fighting equipment and perso n n e l into other communities. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. If one or more fires occur within the limits of either of the above municipalities, or within the limits o f a n y territory in which either of said municipalities has contr a c t e d to furnish fire-fighting equipment and personnel, and the fire-fighting equipment or personnel of either of t h e municipalities executing this contract is, in the judgeme n t o f the chief of its fire deparmtnet or in his absence his assist a n t or deputy in charge of its fire department, insufficient t o control or extinguish the fire or fires, an "emergency" sh a l l exist for the purpose of this agreement. 2. If an emergency arises, any of the persons who are entitled by paragraph I above to determine an emergency may c a l l upon the fire department of one or more of the municipali t i e s above named for assistance. If all the fire-fighting equipment and personnel of any of said municipalities is engaged i n fighting fire, the chief or other commanding officer of the f i r e department of any such municipality whose fire-fighting equip m e n t is not engaged in fighting fire is authorized to send equi p m e n t and personnel to the empty fire station to be available for c a l l if required for any fire. It is the intention of the parties by this agreement to cooperate in the event of an emergency by Reciprocal Fire Service Agreement -2- making available necessary fire-fighting equipment and personnel from the nearest fire station and during such an emergency to re-arrange firefighting equipment of the parties so as to make the remaining equipment and personnel available for use in the event other fires shall occur anywhere throughout the territory of these municipalities. 3. Upon receipt of a call for assistance as set forth in paragraph 2, the fire department of any of the parties hereto shall promptly dispatch at least one fire truck with the usual number of personnel to assist in fighting the fire which has caused the emergency or to render stand-by service as the case may be, provided that no fire department of any of said parties shall be obligated to send its fire equipment or personnel beyond its boundaries if to do so would leave such municipality without any fire equipment or personnel available within its limits for service at any fire which might subsequently arise therein. In extreme emergencies, however, every effort will be made to re-distribute fire-fighting equipment and personnel so as to make it available for any additional fires which might arise during the emergency. 4. The fire-fighting equipment and personnel of any fire department assisting the fire department of another municipality in an emergency will immediately upon arival at the scene of the emergency be under the command of the officer in charge of the municipality within whose boundaries the emergency is situated. 5. So charge will be made by any party for assistance rendered to another party under this agreement. 6. (a) Each of the parties will maintain insurance policies - Workman's Compensation or its equivalent. The covering of said policy extending to protect said firemen of said parties when engaged in the performance of duties under this agreement outside the boundary of the party whose fire department he is a member, and (b) Damage or injury caused by negligent operation of its fire department vehicles to the extent of not loss than Reciprocal Fire Service Agreement -3- $25,000.00 property liability, and not less than $100,000.00 personal injury liability, the coverage of such policies extending to accidents which may occur while the said party's fire department is engaged in the performance of duties under this agreement outside the boundaries of said party. 7. No party to this agreement nor any officer or employee of any party shall be liable to any other party or to the person or account of failure of any party to this agreement to furnish its fire-fighting equipment or personnel in response to a call for assistance from any other municipality. 8. No liability shall be incurred by a party who shall have summoned assistance under this agreement for damage to, or destruction of, fire-fighting equipment of a party rendering such assistance unless such damage or destruction shall be caused by negligent or malicious conduct of any officer or employee of the municipalities which have summoned such assistance. 9. That the governing body of each party hereto will appoint three representatives from among its officers and fire-fighting personnel to serve as members of an association formed for the purpose of this agreement and increasing the efficiency of the fire-fighting services of these municipalities by exchange of information, standardization of equipment, education of personnel, perfection of methods of fire alarms throughout the territory of these municipalities and such other matters as will serve to mutually assist these municipalities in the prevention and extinguishment of fires. 10. Any party hereto may withdraw from this agreement by thirty (30) days in writing to the others. ll. A copy of this agreement will be posted at the fire department headquarters of each party hereto. IN WITNESS WHEREOF, the said municipalities have caused this agreement to he signed in their respective corporate names by their respective duly authorized officers by authority of their respective governing bodies as of this . day of 1984. '7 Mayor Manager . Mayor Manager Mayor Manager Fire Chief Secretary Mayor Manager Fire Chief Secretary Mayor Manager Mayor Manager Mayor Manager Mayor Manager Mayor Manager Mayor' Manager Mayor Manager Mayor Manager Reciprocal Fire Service Agreement -4- CITY OF CHANHASSEN CITY OF EDEN PRAIRIE CITY OF EXCELSIOR HAMEL VOLUNTEER FIRE DEPARTMENT INC. CITY OF LONG LAKE LORETTO FIRE DEPARTMENT CITY OF MAPLE PLAIN CITY OF MINNETONKA CITY OF PLYMOUTH CITY OF WAYZATA CITY OF CHASKA CITY OF MOUND CITY OF VICTORIA CITY OF ST. BONIFACIUS CHANGE ORDER NO. 2 October 15, 1984 PRO3ECT: Flying Cloud Drive Eden Prairie, Minnesota E.P. 1.C. 1152-064 RCM Project No. 841016 TO: Opus Corporation You are hereby directed to make the change s n o t e d b e l o w i n T h e s u b j e c t c o n t r a c t . Nature of Change: 1. Add 40' of 111." Type K Copper Water Servic e a t s t a t i o n 1 7 + 7 0 . 2. Add 6" perforated PVC suhdrains (with fabri c a n d w a s h e d r o c k ) . Justification: 1. Requested by City for homeowner east of F l y i n g C l o u d D r i v e . 2. Required to drain subbase of Flying Cloud D r i v e d u e t o t r a p p e d w a t e r p o c k e t s . Schedule of Adjustments to Contract Costs: 1.. Add: 40' of IV Type K Copper Water Servic e , with corporation stop and curb box 1 LS @ $685.00 = 2. 6" Perforated PVC stibdiain with fabric and washed rock 250 LF @ $21.00 3. Break into existing manhole/catchbasin 3 EA @ $250.00 4. Cleanouts for subc1rains 3 EA @ $125.00 .5141:n1-n21)2f Contract Atikist mcnts: Contract Amount Prior to this Change Order $768,330.75 Net Increase Resulting from this Change Or d e r $ 7,060.00 Content Conti act Amount Including this C h a n g e O r d e r $ 7 7 5 , 3 9 0 . 7 5 The Above chns ;ire Approved: RCM, IN By (11 1 , Date The Above Changes are Accepted: C)I't IS CORVORATION By Date CITY OF EDEN PRAIRIE By Date 685.00 = 5,250.00 750.00 375.00 ;1, /9 TO: Mayor Penze1 and City Council Members FROM: Carl J. Jullie, City Manager THROUGH: Eugene A. Dietz, Director of Public Works RATE: October 31, 1984 SUBJECT: Agreement with Hennepin County for Federal-Aid Highway Improvement Attached is a proposed agreement with Hennepin County regarding Federal-Aid highway construction within Eden Prairie. The agreement comes to the City for approval at this time because of the Crosstown project. However, the agreement does cover any anticipated Federal-Aid highway improvements within the City limits. Specifically, the agreement provides the following: 1. Limits traffic control devices to conform to Mn/DOT standards. 2. Prohibits billboards, pumps and other private installations within the proposed right-of-way limits. 3. Minimum speed limits should be 30 MPH; and 4. City shall prohibit parking on federally funded facilities. The City Attorney has reviewed this proposed agreement and finds no objectionable language. The Staff recommends approval and authorization for the Mayor and Manager to execute Agreement #PW 32-49-84. EAD:sg dA0 fo/2I (13-79) ' Pennepin County Agreement Nu. N 3?-49 -84 AGREEMENT BETWEEN MUNICIPALITY [GI: COUNTY FOR FEDERAL-AID HICRWAY IMPRVOMERT THIS AMOTMENT made by the City of Ed" E"1111= , Minnesota, hereinafter called the "Municipality" with the County of nenfleRin hereinafter, called the "County", WITNESSETH: 1l.EAS, the United States Government, through the Federal Highway Administration of the U. S. Department of Transportation doc,s apportion Fed- eral fonds for the construction, reconstruction and Improvement of highway projects on af,Troved systems of public roads, and WHEREAS, said approved systems within the limits of a Municipality ere now 0: may be eligible for the participation of these rederal funds in their improf,emont or construction, sod Wild:EAR, the Federal itip,lnway Administrstion as a condition to the use of Federal funds on approved Federal-Aid projects requires the agreement of the Manicipalfty to control. road signs, traffic control devices, adver- tising Gigns, miscellaneous installations, speed and parking. NOW, THEREFORE, TEE Municipality in consideration of the expendi- ture and use of Federal funds for the construction, reconstruction or im- p.ovcmont of any Federal-Aid Street or Highway within the limits of the Municipality agnes L'ith thy County as follows: (I) No signs, traffic control devices or othr protective de- vices r.hrll be erected on any Federal-Aid project withia the Municipality inept as shall conform with the corr,nt Manual on Uniform Traffic Cent 3 ol Foyle s fox: Streets and IligLways of the State of Minnesota. (2) All iight -of -wy within the limits of the Municipality on any Federal Aid project shall be held and maintained inviolate PS a public - 1 - highway and no posters, billboards, roadside stands, curb pumps, curb ser - vice devices or other private installations other than utilities of public interest, and no signs, other than traffic control or protective devices shall be permitted within the right-of-way limits of the projects. The Municipality will with respect to such items as are within its jurisdictio n which may be or cause an obstruction or interfere with the free flow of traffic or which may be or cause a hazard to traffic or which may vitiate the usefulness of the project shall remove or cause removal of the same at the request of either the County or the Federal Highway Administrator. (3) The speed limits on any Federal-Aid project shall be not less than 30 miles per hour. (4) The Municipality shall by ordinance and continued enforce- ment prohibit all types of parking except parallel parking on any project financed in whole or in part with Federal funds. The City agrees that the State may enforce the provision by an action for specific performance , mandamus, or other appropriate remedy and by withholding any funds due the Municipality in possession of the State. Dated this day of , 19.84 „ CITY OF Eprp PRAIRIE (SEAL) BY Mayor DATE_ BY Manager DATE -2- . 2 A.,1. November 6, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 84:297 APPROVING AGREEMENT BETWEEN EDEN PRAIRIE AND HENNEPIN COUNTY FOR FEDERAL-AID HIGHWAY IMPROVEMENT WHEREAS, the Hennepin County Department of Transportation proposes to make certain improvements within the corporate limits of Eden Prairie, specifically, CSAH 62; WHEREAS, the Federal Highway Administration requires that certain conditions be adhered to in order that Federal-Aid funds utilized on the CSAH 62 project and other future projects; and WHEREAS, Hennepin County has prepared an agreement which specifies the Federal Highway Administration requirements to maintain eligibility for Federal-Aid funds. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said agreement # PW 32-49-84 is hereby approved and that the Mayor and City Manager are authorized to execute said agreement for and on behalf of the City. ADOPTED by the Eden Prairie City Council on November 6, 1984. ATTEST: Wolfgang H. Penzel, Mayor John D. Franc, Clerk SEAL CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl dullie, City Manager ' Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: October 30, 1984 SUBJECT: PRIMELAND 2ND ADDITION PROPOSAL: Prime Development Corporation has requested City Council approval of the final plat of Primeland 2nd Addition, a replat of Outlot B, City West Second Addition. The plat contains appeoximately 3.7 acres located in the North 1/2 of Section 1. The proposed plat will consist of 1 lot, for the construction of a day-care center, and 1 Outlot to be replatted at a later date. HISTORY: The preliminary plat was approved by the City Council on October 16, 1984, per Resolution 84-276. Ordinance 120-84 zoning Lot 1, Block 1 to Commercial Regional Service is scheduled for final reading by the Council on November 6, 1984. The Developer's Agreement referred to within this report is scheduled for execution on November 6, 1984. VARIANCES: All variance requests not covered through the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: All utilities and streets to be installed within the plat will be owned and maintained by an owners association. The maintenance responsibilities for the utilities and streets are covered in the Declaration of Covenants, Conditions, Easements and Restrictions for City West dated October 27, 1983 and recorded at Hennepin County. A cross casement covering access to Outlet A will be necessary prior to release of the plat. The area described through this easement will be replatted into an outlet when Outlot A is developed. Additional requirements for the installation of utilities and streets are covered in the Developer's Agreement. PARK DEDICATION: Thu requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. t Page 2, Final Plat Primeland 2nd Addition 10/30/84 RECOMMENDATION: Remmend approval of the final plat of Primeland 2nd Addition subject to the requirements of this report, the Developer's Agree- ment and the following: I. Receipt of engineering fee in the amount of $100.00. 2. Receipt of cross easement for traffic access. 3. Subject to replatting to create the outlot for access when Outlot A is platted. DLO:sg cc: Prime Development, Inc. Nov. 6, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-.298 RESOLUTION APPROVING FINAL PLAT OF PRIMELAND 2nd ADDITION WHEREAS, the plat of Primeland 2nd Addition has been submitted in a 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Primeland 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated 10/30/84. B. 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. C. 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. ADONED by the City Council on November 6, 1984. Wolfgang H. Penzel, Mayor ATTEST: SEAL Soho D. Franc:, Clerk TO: FROM: THROUGH: DATE: SUBJECT: Mayer fonzel City Council MerZers Carl J. Julie, City Manager . Eu‘je,ne A. Dietz, Director of Public Works October 31, 1984 Outlots A, B & C Westwood Industrial Park The owners of the Westwood Industrial Park have provided B, and C in the Westwood Industrial Park. This property as a gift rather than as a required land dedication. As owner has requested that a resolution be approved by the would finalize this land transfer. deeds for Outlots A, comes to the City such, the property City Council which The City Attorney's office has reviewed this information and Staff recommends adoption of the attached resolution. EAD:sg November 6, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-299 RECEIPT OF LAND GIFT IN WESTWOOD INDUSTRIAL PARK WHEREAS, Bury & Carlson, Inc., a Minnesota Corporation, has deeded certain property to the City of Eden Prairie. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota, hereby approves, ratifies and confirms the acceptance by the City of Eden Prairie, Minnesota, of a gift from Bury & Carlson, Inc., a Minnesota Corporation, of the real estate located in the City of Eden Prairie, Hennepin County, Minnesota, legally described as Outlets A, B and C, Westwood Industrial Park, according to the duly recorded plat thereof. ADOPTED by the Eden Prairie City Council on November 6, 1984. .11-OrfT:ilifT1.---P-e-ni,- Mayor ATTEST: SEAL John D. Frane, Clerk 1 47 Nov. 6, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-301 RESOLUTION ORDERING FEASIBILITY REPORT FOR PRESERVE BOULEVARD IMPROVEMENTS WHEREAS, it is proposed to improve Preserve Boulevard between Prairie Center Drive and Anderson lakes Parkway (1.C. 52-071) and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of RCM and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on November 6, 1984 Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk :2- Muirfield CITY OF HEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 116-84-PUD-10-84 AN ORDINAPCE 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 Planned Unit Development 10-84- R1-9.5,R1-13.5 District (hereinafter "PUD 10-84-R1-9.5,R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of entered into between Muirfield Associates, 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 Alfred and Rose Pavelka and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 10-84-R1-9.5,R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. POD DO-84-R1-9.5,R1-13.5 is not in conflict with the goals of the Guide Plan of the City. B. POD 10-84-R1-9.5,R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in POD 10-84-R1-9.5,R1-13.5, are justified by the design of the development described therein. D. PUD 10-34-R1-9.5,R1-13.5 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 10•84-R1-9.5,R1-13.5 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" a n d Section 11.99 untitled "Violation a Misdemeanor" are hereby adopted in th e i r 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 16th day of October, 1984, and finally read and adopted and ord e r e d published at a regular meeting of the City Council of said City on the 6th day o f November, 1984. ATTEST: John D. Franc, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A l 111-9.5 Zoning District That part of the following described property: That part of the Northeast Quarter of the Northeast Quarter of Section 7, Township 116, Range 22, lying North of a line drawn from a point on t h e East line of said Section 7 distant 1123.88 feet South from the Nort h e a s t corner of said Section 7 to'a point on the West line of the Northeas t Quarter of the Northeast Quarter of said Section 7 distant 1155.48 feet South from the Northwest corner of said Northeast Quarter of the Nor t h e a s t Quarter according to the Government Survey thereof. Described as follows: Beginning at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 17 minutes 06 seconds West, along the north line of said Northeast Qua r t e r o f the Northeast Quarter, a distance of 20.00 feet; thence South 0 degrees 21 minutes 26 seconds East a distance of 144.00 feet; thence South 35 d e g r e e s 38 minutes 34 seconds West a distance of 136.00 feet; thence South 69 degrees 30 minutes 00 seconds West a distance of 155.00 feet; thence South 82 degrees 00 minutes 00 seconds West a distance of 277.00 feet; th e n c e . North 88 degrees 30 minutes 00 seconds West a distance of 184.00 fe e t ; thence North 82 degrees 00 minutes 00 seconds West a distance of 182.00 feet; thence North 88 degrees 00 minutes 00 seconds West a distanc e of 152.00 feet; thence South 10 degrees 30 minutes 00 seconds West a d i s t a n c e of 123.72 feet; thence South 53 degrees 09 minutes 57 seconds East a distance of 106.26 feet; thence South 14 degrees 39 minutes 22 seco n d s W e s t a distance of 85.15 feet; thence South 1 degree 00 minutes 00 secon d s W e s t a distance of 222.66 feet; thence South 26 degrees 25 minutes 06 sec o n d s W e s t a distance of 98.06 feet; thence South 55 degrees 33 minutes 35 se c o n d s East a distance of 80.11 feet; thence South 19 degrees 42 minutes 50 seconds West a distance of 213.02 feet, to the south line of the a b o v e described property; thence North 89 degrees 21 minutes 28 seconds E a s t , along said south line, a distance of 1053.33 feet, to the east line of said Northeast Quarter of the Northeast Quarter; thence North 0 degrees 21 minutes 26 seconds West along said east line, a distance of 1123.88 f e e t , to the point of beginning. October 24, 1984 Exhibit A2 R1-13.5 7oning District That part of the following described property: That part of the Northeast Quarter of the Northeast Quarter of Section 7, Township 116, Range 22, lying North of a line drawn from a point on the East line of said Section 7 distant 1123.88 feet South from the Northeast corner of said Section 7 to'a point on the West line of the Northeast Quarter of the Northeast Quarter of said Section 7 distant 1155.48 feet South from the Northwest corner of said Northeast Quarter of the Northeast Quarter according to the Government Survey thereof. Except the following: Beginning at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 17 minutes 06 seconds West, along the north line of said Northeast Quarter of the Northeast Quarter, a distance of 20.00 feet; thence South 0 degrees 21 minutes 26 seconds East a distance of 144.00 feet; thence South 35 degrees 38 minutes 34 seconds West a distance of 136.00 feet; thence South 69 degrees 30 minutes 00 seconds West a distance of 155.00 feet; thence South 82 degrees 00 minutes 00 seconds West a distance of 277.00 feet; thence North 88 degrees 30 minutes 00 seconds West a distance of 184.00 feet; thence North 82 degrees 00 minutes 00 seconds West a distance of 182.00 feet; thence North 88 degrees 00 minutes 00 seconds West a distance of 152.00 feet; thence South 10 degrees 30 minutes 00 seconds West a distance of 123.72 feet; thence South 53 degrees 09 minutes 57 seconds East a distance of 106.26 feet; thence South 14 degrees 39 minutes 22 seconds West a distance of 85.15 feet; thence South 1 degree 00 minutes 00 seconds West a distance of 222.66 feet; thence South 26 degrees 25 minutes 06 seconds West a distance of 98.06 feet; thence South 55 degrees 33 minutes 35 seconds East a distance of 80.11 feet; thence South 19 degrees 42 minutes 50 seconds West a distance of 213.02 feet, to the south line of the above described property; thence North 89 degrees 21 minutes 28 seconds East, along said south line, a distance of 1053.33 feet, to the east line of said Northeast Quarter of the Northeast Quarter; thence North 0 degrees 21 minutes 26 seconds West along said east line, a distance of 1123.88 feet, to the point of beginning. October 24, 1984 Muirfield PUD-10-84-DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into a s o f 6/4:7/0• , 1984, by and between Muirfield Associates, a pa r t n e r s h i p c o n s i s t i n g o f T a n d e m C o r p o r a t i o n , a Minnesota corporation, and TCF Devel o p m e n t C o r p o r a t i o n , a M i n n e s o t a c o r p o r a t i o n , hereinafter referred to as "Develope r , " a n d t h e C I T Y O F E D E N P R A I R I E , a m u n i c i p a l corporation, hereinafter referred to a s " C i t y : " WITNESSETH: WHEREAS, Developer has applied for a C o m p r e h e n s i v e G u i d e P l a n A m e n d m e n t f r o m Low Density Residential to Medium De n s i t y R e s i d e n t i a l , P l a n n e d U n i t D e v e l o p m e n t District Review and Zoning District C h a n g e f r o m R u r a l t o P U D - 1 0 - 8 4 - R 1 - 9 . 5 , w i t h variances, for approximately 26.0 acr e s , a n d P U D - 1 0 - 8 4 - R 1 - 1 3 . 5 , f o r a p p r o x i m a t e l y 10.0 acres, and preliminary plattin g o f a p p r o x i m a t e l y 3 6 . 0 a c r e s t o b e k n o w n a s Muirfield, located north of Valley Vi e w R o a d a n d e a s t o f P a r k v i e w L a n e , s i t u a t e d i n Hennepin County, State of Minnesota, m o r e f u l l y d e s c r i b e d i n E x h i b i t A , a t t a c h e d hereto and made a part hereof and her e i n a f t e r r e f e r r e d t o a s " t h e p r o p e r t y : " a n d , WHEREAS, Developer has applied to Cit y t o d e v e l o p t h e p r o p e r t y a s 1 0 6 s i n g l e family residential detached units; NOW, THEREFORE, in consideration of t h e C i t y a d o p t i n g O r d i n a n c e # 1 1 6 - 8 4 - PUD-10-84 and Resolution #84-270, De v e l o p e r c o v e n a n t s a n d a g r e e s t o c o n s t r u c t i o n upon, development, and maintenance of s a i d p r o p e r t y a s f o l l o w s : 1. Developer shall plat and develop the prop e r t y i n c o n f o r m a n c e w i t h the materiAs dated October 23, 1984, as revised, revieNed and approved by the City Council on October 2, 1 9 8 4 , a n d a t t a c h e d h e r e t o as Exhibit R, and made a part. hereof, subje c t t o s u c h changes and modifications as are provided herein. Developer shall not develop, 2qc).=1 construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to final plat, Developer shall submit to the City Engineer, and receive the City Engineer's approval of the following: A. Final storm water ponding and drainage plans for the property. B. Detailed plans for sanitary sewer, water, and streets. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in accordance with Exhibit C, attached hereto. 4. Prior to building permit issuance, Developer shall: A. Submit to the Director of Planning, and receive the Director's approval of, an overall development plan for the R1-9.5 portion of the property as described in Exhibit A, keyed with each specific unit type, such that no two substantially similar units shall be located directly across, diagonally across, or within two units directly adjacent to each other. Upon approval by the Director of Planning, Developer shall construct, or cause the property to be constructed upon, according to the plan approved by the Director. B. Submit to the Director of Community Services, and receive the Director's approval ,of the following: 1. Plans for five-foot wide concrete sidewalks, to be constructed concurrent with street construction, for the property along the residential streets as depicted in Exhibit B. 2. Plans for an eight-foot wide bituminus walkway connection, to be constructed concurrent with street construction, through the totlot area to the northeast boundary of the property, accessing the existing City park, as depicted on Exhibit B. 3. Plans for the totlot and totlot structure. Said totlot and totlot structure shall be dedicated to the City at the time of dedication of the outlet. Upon approval by the Director of Connunity Services, the Developer shall construct, or cause to be constructed, those improvements listed above in accordance with Exhibit C, attached hereto. 2 (AO', OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN MUIRFIELD ASSOCIATES AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of 1984, by and between Alfred and Rose Pavelka, 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 #84-270 for a preliminary plat approval and Ordinance #116-84-PUD-10-84 changing the zoning of the property owned by Owner from Rural to R1-13.5 and R1-9.5 and as more fully' described in that certain Developer's Agreement entered into as of , 1984, by and between Muirfield Associates, and City, Owners agree with the City as follows: 1. If Prime Development Corporation, 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. Alfred yavelka 2- Rose Pavelka Muirfield CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-289 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE #116-84-PUD-10-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 116-84-PUD-10-34 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of November, 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. 116-84-PUD-10-84, 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. 116-84-PUD-10-84 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 November 6, 1984. Wolfgang IL Penzel, Mayor - ATTEST: John D. Frane, City Clerk / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 116-84-PUD-10-84 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: Summary: This Ordinance allows rezoning of land located east of Park View Lane, north of Valley View Road, known as Muirfield, from Rural District to PUD 10-84-R1-9.5,R1-13.5, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Franc City Clerk /s/Wolfgang H. Penzel Mayor PUBLISHED in the Eden Prairie News on the day of 1984. (A full copy of the text of this Ordinance is available from the City Clerk.) Eden Commons CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 118-84 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 RM-2.5 District. Section 3. That the proposal is hereby adopted and the land shall be. and hereby is removed from the Rural District and shall be included hereafter in th e RM-2.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 16th day of October, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of November. ATTEST: "John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of 211A EDEN COMMONS LEGAL DESCRIPTION EXHIBIT A That part of the South Half of the Southwest Quarter of the Southeast Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota lying easterly of the westerly 435.6 feet thereof. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-290 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF EDEN COMMONS FOR THE CHASEWOOD COMPANY FOR 196 MULTIPLE FAMILY UNITS ON 12.5 ACRES BE IT RESOLVED that the proposal for Eden Connons by the Chasewood Company for 196 multiple family units on approximately 12.5 acres, located in the southwest quadrant of Preserve Boulevard and Franlo Road, is herein approved subject to the following specific conditions: 1. The development plan, preliminary plat, and erosion control and grading plan, all dated September 19, 1984, and attached hereto shall apply. 2. Prior to final plat, developer/owner shall submit detailed storm water run- off and erosion control plans for review by the City Engineer. 3. Prior to issuance of a building permit, developer/owner shall: A. Submit details of the landscape plan, which include provision for use of outdoor space such as hard-surfaced outdoor seating areas, decking, and decorative plantings along the interior walkways. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Submit detailed elevations of the recreational buildings for review. D. Pay the required Cash Park Fee. 4. Concurrent with building construction, developer/owner shall: A. Construct a five-foot wide concrete sidewalk along Preserve Boulevard and along Franlo Road. B. Construct the proposed interior five-foot wide concrete sidewalk. ADOPTED by the City Council on November 6, 1984. Wolfgang H. Penzel, Mayor AUBE: John D. frane, City Clerk 7011 Superamerica CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 119-84 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 C-Hwy 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 C-Hwy District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of October, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of November. ATTEST: John D. Franc, City Clerk Wolfqang H. Penzel, Mayor PUBLISHED in the Fden Prairie News on the day of t EXHIH1T A That part of the South quarter of the Southwest quarter of Section 8, Township 116, Waage 22, according to the gov- einment survey thereof, lying Sonth of the centerline of State Highway No. 5 and lying East of a line drawn Northerly at a right angle to the South line of said Southwest quarter of the Southeast quarter from a point thereon distant 951.50 feet East of the Southwest corner thereof; less and except that part lying Easterly of a line drawn North 15 degrees 47 minutes 00 seconds fast from the South line of said South- west quarter of the Southeast quarter from a point thereon distant 1114.35 feet East of the Southwest corner thereof; Also that part of the North 511.50 feet of the West 1/2 of the Northeast quarter of Section 17, Township 116, Range 22, according to the government survey thereof, lying North- erly of a line drawn Southeasterly at an angle of 17 Degrees 00 minutes 59 seconds from the North line of said North 511.50 feet of the West 1/2 of the Northeast quarter from a point . thereon distant 951.50 feet East of the Northwest corner thereof; less and except that part lying Easterly of a line drawn South 74 degrees 13 minutes 00 seconds West from the North line of said North 511.50 feet of the West 1/2 of the Northeast quarter from a point thereon distant 1114.35 feet East of the Northwest corner thereof; That part of the South quarter of the Southwest quarter of the Southeast quarter of Section 8, Township 116, Range 22, lying South of the centerline of State . Highway No. 5 and lying East of a line drawn Northerly at a right angle to the South Tine of said Southwest quarter of the Southeast quarter from a point thereon distant 951.50 feet East of the Sonthwest corner thereof, which lies Easterly of a line drawn North 15 de;,rees 47 minutes 00 seconds East from the South line of said Southwest quarter of the Southeast quarter from a point tlet con distant 1114.35 feet East of the South- west corner thereof; Also that part of the North 511.50 feet of the West 1/2 of the Northeast quarter of Section 17, Township 116, Range 22 lying Northerly of a line drawn Southeasterly at an angle of 17 degrees 00 mtnutcs. 59 seconde from the North line of said North 511.50 feet of the West 1/2 of the Northeast quarter from a point thereon distant 951.50 feet East of the Nol .thwe::t - corner thereof, which lies Easterly of a line drawn South 74 degrees 13 minute:: 00 second; Vest from the North line of said North 511.50 fell of the West 1/2 of the NolAlle:1::t (platter Iron a poInt thereon distant 1114.35 feet Eant of the Northwest corner thereof. Subject to easements and restrictions of record, if any: All in Hennepin County, Minnesnta. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-291 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF SUPERAMERICA FOR A CONVENIENCE/SERVICE STATION ON 1.35 ACRES BE IT RESOLVED that the proposal for a Superamerica service center on 1.35 acres, located in the southwest quadrant of Highway. #5 and County Road #4, is herein approved subject to the following specific conditions: 1. The development plan, preliminary plat, and erosion control and grading plan, all dated August 10, 1984, and attached hereto shall apply. 2. Prior to final plat, developer/owner shall: A. Revise the landscape plan to provide for screening of parking and gas pumps from public roads. B. Modify the site plan to provide an eight-foot wide bituminus walkway along the vest side of County Road #4 and an internal five-foot wide concrete sidewalk connection from the store to the bituminus walkway. C. Submit detailed storm water run-off and erosion control plans for review by the City Engineer. D. Dedicate the necessary right-of-way for County Road #4 to Hennepin County concurrent with the plat. 3. Prior to issuance of a building permit, developer/owner shall: A. Notify the City and Watershed District at least 48 hours prior to grading. B. Stake the grading limits with snow fencing. C. Obtain access permits for driveway access within State Highway and County Highway right-of-ways. D. Obtain grading permits from the State Highway and Hennepin County Highway Departments for grading work within the respective right-of- ways. E. Pay the required Cash Park Fee. 4. Operation of the store must be in compliance with the City Ordinance including limitation of outdoor dispIay areas to no more than ten (10) per cent of the building's square footage area. ADOMED by the City Council on November 6, 1984. Wolfgang H:—Penzel, Mayor ATTEST: John D. Frane, City Clerk Primetech II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 'NO. 120-84-PUD-9-84 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 Planned Unit Development 9-84- Commercial-Regional-Service District (hereinafter "PUD 9-84-Commercial-Regional- Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1984, entered into between MRTT Joint Venture, 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 Anderson Development, Inc., and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 9-84-Commercial- Regional-Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 9-84-Commercial-Regional-Service is not in conflict with the 111) (o). AtIL B. PUO 9-84-Commercial-Regional-Service 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 9-84-Commercial-Regional- Service, are justified by the design of the development described therein. D. PUD 9-84-Comnercial-Regional-Service 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 9-84-Commercial-Regional-Service District, and the legal do;criptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. 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 16th day of October, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of November, 1984. ATfEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of PRIM:TECH PHASE TWO That part of OUTLOT B of the plat of CITY WEST SEC O N D A D D I T I O N , H e n n e p i n County, Minnesota, described as follows; Commencing at the northwest corner of said OUT L O T B , s a i d p o i n t b e i n g o n the easterly right-of-way line of City We s t P a r k w a y ; t h e n c e S o u t h 6 9 ° 4 9 3 3 " E a s t 186.00 feet along the north line of said O U T L O T t o t h e p o i n t o f b e g i n n i n g o f the tract to be described; thence North 2 8 ° 5 9 ' 3 8 " E a s t 1 5 9 . 5 0 f e e t a l o n g t h e northwest line of said OUTLOT; thence South 61 0 0022" East 314.88 feet along ' the northeast line of said OUTLOT; then c e S o u t h 2 8 ° 5 9 ' 3 8 " N e s t 2 5 0 . 0 0 f e e t along the southeast line of said OUTLOT; t h e n c e N o r t h 6 1 ° 0 0 ' 2 2 " W e s t 8 1 . 0 0 feet; thence North 28 0 5938" East 30.00 feet; thence North 61 0 0022" jest 133.00 feet; thence South 28'59'38" West 2 1 7 . 5 2 f e e t t o a p o i n t o n t h e s o u t h w e s t line of said OUTLOT 8; thence North 38 0 1852" West 86.60 feet along said southwest line; thence North 20°1027" Eas t 1 0 0 . 0 0 f e e t a l o n g a w e s t e r l y l i n e of said OUTLOT; thence North 26'41'38" East 140.91 feet t o t h e point of beginning. Said tract contains 2.05 acre s . Primetech Phase II DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1984, by and between MRTT JOINT VENTURE, a general partnership consisting of Prime Development Corporation, a Minnesota corporation, and M-R Properties, 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 Planned Unit Development District Review of approximately 20 acres, and zoning from Rural to Commercial Regional Service for approximately 1.0 acre, for construction of a day care center, situated In Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said 1.0 acre parcel of the 20.0-acre parcel hereinafter referred to as "the property:" NOW, THEREFORE, in consideration of the City adopting Resolution #84-276, and Ordinance #120-84-PUD-9-84, 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 August 24, 1984, reviewed and approved by the City Council on October 16, 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. 3. Prior to issuance of any building permit upon the property, Developer shall: A. Submit to the Director of Planning, and receive the Director's approval of: 1. Plans for the overall signage and lighting for the property. • 2. A landscape plan providing effective screening of the parking areas from Highway #169. Upon approval by the Director of Planning, Developer shall construct, or cause to be constructed, those improvements listed above, as approved by the Director of Planning. B. Submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control, which show staking of the grading and construction limits with snow fencing, 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. C. Obtain necessary permits and approvals from the State Highway Department for grading work and work within the State right-of-way. 4. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 5. Concurrent with building construction, Developer shall construct a sidewalk along the side of the proposed internal private roadway, along with all other proposed sidewalks on the property. 6. Any development beyond the day care center within the overall Planned Unit Development Concept shall require completion of the private loop road by the Developer, as depicted on Exhibit B. 7. Developer agrees that the private loop street and the private utilities to be constructed on the property shall be built to City standards. Developer further agrees that the declaration of covenants recorded with the plat will provide that, in the event the City determines that the private loop street and the private utilities are not being maintathed to City standards and the City, therefore, takes over the maintenance, the owners shall accept the assessments assigned by the City for such maintenance. 8. Developer acknowledges that the property will benefit from any future improvements to Shady Oak Road in the vicinity of City West and agrees to pay its fair share of the corresponding special assessments. OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN MRTT JOINT VENTURE . AND THE . CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1984, by and between Anderson Development, Inc., a Minnesota corporation, 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 #84-276 for a preliminary plat approval and Ordinance #120-84-PUD-9-84 changing the zoning of the property owned by Owner from Rural to Commercial Regional Service as more fully described in that certain Developer's Agreement entered into as of , 1984, by and between MRTT Joint Venture, and City, Owners agree with the City as follows: 1. If MRTT Joint Venture, 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. ANDERSON DEVELOPMENT, INC. Richard W. Anderson, President Primetech II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-292 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE #120-84-PUD-9-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 120-84-PUD-9-84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of November, 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. 120-84-PUD-9-84, 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 caid 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. 120-84-PUD-9-84 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 November 6, 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 120-84-PUD-9-84 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERT A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DES C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AN D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: This Ordinance allows rezoning of land located west of Highway #I69, north of Shady Oak Road, known as Primetech Phas e I I , f r o m R u r a l District to PUD 9-84-Commercial Regional Service, subject t o t h e t e r m s a n d conditions of a developer's agreement. Exhibit A, included with t h i s O r d i n a n c e , gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/WolfganH. Penzel City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1984. (A full copy of the text of this Ordinance is available from the Ci t y C l e r k . ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-302' RESOLUTION APPROVING CONSTRUCTION & MAINTENANCE OF A PUBLIC SNOWMOBILE TRAIL WITHIN THE CITY OF EDEN PRAIRIE WHEREAS, the City of Eden Prairie desires to establish, construct and maintain public snowmobile trails, and WHEREAS, the Eden Prairie Snowdrifters Snowmobile Club has requested the City of Eden Prairie to sponsor the Eden Prairie snowmobile trail. NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie, County of Hennepin, does authorize the Eden Prairie Snowdrifters Snowmobile Club to construct and maintain a snowmobile trail for use by the public in accordance with the Minnesota Trail Assistance Program Manual. ADOPTED, by the Eden Prairie City Council this 6th day of November, 1984. Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, Clerk SEAL 242 1/ NA 03002-02 Ref. 6/80 1 .,00,86O6INI Of f , '.14•1181161 Itf5OUIKIS MINNESOTA TRAIL ASSISTANCE PROGRAM AGREEMENT THIS AGREEMENT, Made this 11 day of October , 19 84 , between the STATE OF MINNESOTA, acting by and through the Commissioner of Natural Resources, hereinafter referred to as the "State," and City of Eden Prairie hereinafter referred to as the "local unit of government," relating to the establishment of proposed trails known as Eden Prairie Snowdrifters Snowmobile Trails WHEREAS, the local unit of government desires to establish, construct and maintain public trails, and WHEREAS, the local unit of government has applied to the State for a grants-in aid for said trails and has submitted the Minnesota Trail Assistance Program's application form, maps, ownership list, work plans, and resolution of the local unit of government authorizing the proposed trail as outlined in said documents and said application form, map, and workplan is attached hereto as Exhibit A hereafter referred to as the "Plan." A. (TRAIL OBLIGATION OF THE LOCAL UNIT OF GOVERNMENT) The local unit of government shall construct, operate and maintain the proposed trails in accordance with the Minnesota Trail Assistance Program Manual hereinafter referred to as the "Manual" and the Application or Project Proposal form. The local unit of government shall not amend, revise or change the approved Application or Project Proposal without the written consent of the Regional Trails and Waterways Coordinator. In connection with the establishment of trails, the local unit of government shall: (1) Forthwith proceed to acquire necessary interests in lands and open trails to the public. The local unit of government must acquire land in fee, easement, lease or permit for said trails. The term of said interest shall be no less than four (4) months between November 15 of any year and March 15 of the succeeding year for snowmobile and ski touring trails; and no less than five (5) months between May 15 of any year and October 15 of the same year for equestrian trails. For each parcel of land crossed by proposed trails, the local unit of government shall obtain from the owner of said parcel and submit to the State Trails Coordinator a r ,rmit, lease, easement or fee title for said crossing. (a) A person having personal knowledge of ownership shall sign an affidavit that the person whose name appears on the document of conveyance or permit is the same person in possession of said premises and one and the same who is grantee of the last instrument of record in the office of said County Recorder of the county in which the land lies conveying said premises. 113) Any instrument of conveyance or permit with a consideration exceeding $500.00 shall be accompanied by an Attorney's Certificate of Title. (2) Construct and provide adequate maintenance which shall include keep the trails reasonably safe for public use; provide sanitation and sanitary facilities when needed; and provide other maintenance as the State may require. Should the local unit of government fail to expedite establishment and construction of trails and thereafter fail to provide for such adequate maintenance, the State may withhold future payments to the local unit of government and terminate this agreement. B. (tUCHNICAL ASSISTANCE) The State will give technical assistance to the local unit of government in establishing trails. C. (REIMBURSEMENT) The State agrees to reimburse the local unit of government 65% of the cost of trail acquisition, development and maintenance, except grooming which will be reimbursed 90%. All costs will be in accordance with the allowable charges and costs listed in the Manual. This grant will not exceed $ 2 965.00 . 2 (12 S 0. iriVI is;[ N I ic Iceal unit cd ,,,.,ecrereeet ears> sebmit a request for reiettermernent and attach %Vol ksh,,,ts furreshed by the Dep a rtmeet of Natural Resources for all approved costs incurred in acquiring, developing, maintaining and grooming the trail, all in accordance with the Manual. Additionally, the local unit of government must submit original receipts of actual approved purchases exceeding $50.00. Further, the first request for reimbursement for costs incurred by grooming must be made by January 31, and the last day of every month thereafter while costs are incurred during the grooming year. The books, records, documents, and accounting procedures, and practices of the local unit of government relevant to this grant shall be submect to examination by the contracting department and the legislative audi- tor. Records shall be sufficient to reflect all costs incurred in performance of this grant. t(1) First Payment: Upon receipt of the request for reimbursement evidencing acceptable trail costs of $500 or more for acquisition, development or maintenance, the State agrees to reimburse the local unit of Rouen:mem for approved costs in accordance with the Manual. All services provided by the local unit of government pursuant to this grant shall be performed to the satisfaction of the STATE, as determined in the sole discretion of its authorized agent and shall not receive payment for work found by the STATE to be unsatisfactory. (2) Subsequent Payments: Each thirty (30) successive days after the first payment, the local unit of government may submit invoices evidencing acceptable trail costs. Said payments shall continue to be made until authorized reimbursements for the costs of said trail as provided herein is satisfied or otherwise ter- minated as provided herein. (3) Trail Segments: It is understood that if the trail system is developed in segments, the local unit of government may submit requests for reimbursement as soon as continuous and workable segments are completed. E. (STATE LIABILITY) Notwithstanding the grants-in-aid as provided herein, the State of Minnesota shall not be liable for such costs as are incurred by the local unit of government because funds for said trail are depleted, or funds are unavailable because of legislative or executive restraint. F. (TERM) This Agreement shall be effective on the date it is executed as to encumbrance by the Commissioner of Finance, and shall remain in effect until two years from said date. IN WITNESS WHEREOF, The parties hereto have executed this Agreement as of the day and year first above written. APPROVED: DEPARTMENT OF NATURAL RESOURCES LOCAL UNIT OF GOVERNMENT BY: Hennepin Eden_Erairil- Minnesota (COuoty) (Cit y) (Villa ge) (Town) TITLE: BY DATE: TITLE: __IlAYPT APPROVED AS TO FORM AND EXECUTION BY BY: TITLE • City Manager DATE:_. DATE:._ November COMMISSIONER OF ADMINISTRATION BY:___ AuthOttl. DATE: COMMISSIONER OF FINANCE: ENCUMBERED DEPARTMENT OF FINANCE BY:__ DATE: Department of Nato,. PVIDUr [116 DATE: Depart of Natural lissom.. DATE: CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST November 6, 1984 CONTRACTOR (MULTI-FAMILY & COMM.) Lovering Associates, Inc. Pump & Meter Service CONTRACTOR (1 & 2 FAMILY) Carpenter Construction Character Builders, Inc. W. Davis Construction Co. Lan-De-Con, Inc. Lindstrom Cleaning & Construction Network Development, Inc. GAS FITTER Lake-Air Heating & Cooling Co. HEATING & VENTILATING Lake-Air Heating & Cooling Co. PLUMBING Dolder Plumbing & Heating ON SALE WINE Country Kitchen International, Inc. (See Attached) SUNDAY WINE Country Kitchen, International, Inc. BEER ON SALE Country Kitchen International, Inc. These licenses have been approved by the department heads responsible for the licensed activity. Pat Solie, Licensing 2(12:1 October 31, 1984 TO: Captain Wall FROM: Lieutenant Bridger SUBJECT: LIQUOR LICENSE APPLICATION We have completed the record checks and background investigation of all the principals listed on the application submitted by Country Kitchen International Incorporated. There is no apparent reason for our Police Division to recollimend denial of a liquor license for this establishment. Listed below are the agencies and persons contacted to obtain background and character reference data. Alcohol, Tobacco and Special Taxes Bloomington Police Department Bureau of Alcohol, Tobacco and Firearms Bureau of Criminal Apprehension - 0.C.I.U. Bureau of Criminal Apprehension - Contraband Bureau of Criminal Apprehension - Records Carver County Sheriff's Office Dakota County Sheriff's Office Drug Enforcement Administration Department of Corrections - Minnesota Eagan Police Department Edina Police Department Eden Prairie Department of Public Safety Federal Bureau of Investigation Hennepin County Sheriff's Office Internal Revenue Service Minneapolis Police Department Minnesota Attorney General Minnesota Liquor Control Ramsey County Sheriff's Office Richfield Police Department Scott County Sheriff's Office South Lake Minnetonka Public Safety St. Louis Park Police Department St. Paul Police Department United States Postal Service United States Secret Service (continued) LIQUOR LICENSE APPLICATION Page 2 October 31, 1984 Affidavits of Good Character: Mr. Lee Bcarmon 8614 Westmoreland Lane St. Louis Park Mr. John R. Heim 2719 Woodbridge Road Minnetonka Beach Mr. Richard E. Shinofield 5106 Emerson Avenue South Minneapolis LXB:sjm 2 L-4 "L,, MEMORANDUM TO: MAYOR AND CITY COUNCIL THROUGH: CARL JULLIE, CITY MANAGER FROM: ROGER A. PAUL?, CITY ATTORNEY SUBJECT: DAVID BROWN REQUEST FOR VARIANCE #84-19 DATE: NOVEMBER 1, 1984 Pursuant to the Council's request, I have prepared a proposed Summary of Evidence, Findings and Conclusions, and Order relative to the above-captioned request for variance, a copy of which is attached. Copies of the proposed Summary of Evidence, Findings and Conclusions, and Order have pre- viously been forwarded to Dean Edstrom and Nelson Berg, attorney for David Brown. I have had no suggestions for changes from either as of the writing of this memorandum. The Council should consider the proposed Summary of Evidence, Findings and Conclusions, and Order and is free to make such changes as it may desire. The Summary of Evidence, Findings and Conclusions, and Order should be adopted in the proposed or revised form. 2(47,0 SUMMARY OF EVIDENCE, FINDINGS AND CONCLUSIONS, AND ORDER RE: DAVID BROWN REQUEST FOR VARIANCE NO. 84-19 Variance request number 84-19 by David Brown to permit construction of a single-family residence upon an existing 3.2-acre parcel in the Rural District, notwithstanding the requirements of City Code Chapter 11, Sec. 11.10, requiring parcels to be a minimum size of 10 acres or 5 acres as to those existing as of July 6, 1982. The matter came on for hearing before the Council on August 28, 1984, on appeal by Brown pursuant to City Code Sec. 2.11, Subd. 4, from the decision of the Board of Appeals and Adjustments denying the request on July 12, 1984. Mr. Brown appeared at the hearing with his attorney, Nelson Berg. A summary of the evidence introduced at the hearing, the findings, and final order follow: Summary of Evidence Mr. Brown applied for the variance on March 14, 1984, for his property (the "parcel") located at 10190 Eden Prairie Road, Eden Prairie, Minnesota. The Brown property is presently situated in the Rural District. With his application, Mr. Brown submitted photographs of his parcel, a well log pertaining to a well on property adjoining the parcel and situated northerly and easterly thereof, consisting of approx- imately 4.4 acres ("the Nielsen parcel"), a survey of the parcel, a diagram showing the location of the proposed dwelling and driveway with topographical data and elevations of the proposed dwelling. tj. The parcel is irregular in shape. It is bordered on its easterly line by Eden Prairie Road and on its southerly line by Highway 169-212. Its westerly line commences approximately 176 feet West of the intersection of its southerly line with the westerly right of way of Eden Prairie Road and extends generally North to its intersection with its northerly line. Its northerly line is approximately 550 feet North of the northerly line of Highway 169-212. The parcel consists of approximately 3.2 acres. City sewer and water is not avail- able to the site at the present time. Elevations vary from a maximum of approximately 850 feet in the northwesterly portion of the parcel to approximately 760 feet in the south- easterly part of the parcel. The variations in elevation occur over a distance of approximately 300 feet and represent an overall grade of approximately 30 percent. The evidence includes a letter to Jean Johnson from the Minnesota Historical Society, dated March 27, 1984, indicating that the Brown parcel does not appear to be within an area of known prehistoric burial mound groups along the Minnesota River bluffs. The parcel is situated in the Rural District in which the City, beginning on October 14, 1969, required a minimum of 5 acres for the building of a single-family dwelling. In 1982, the City amended the Code to require 10 acres, with the pro- vision thatthe 5-acre minimum size applies to any 5-acre parcel existing prior to July 6, 1982. These provisions were -2- 214;2 adopted by the City to implement goals and objectives to insure a safe, pleasant, and economical environment, to pre-.. serve agricultural and open lands, to promote public health, safety, and welfare, to foster harmonious land uses and promote stability, to prevent excessive density and over- crowding, to promote safe traffic systems, to protect prop- erty values, to safeguard and enhance natural amenities, such as hills and woods, and to prevent premature urban development until installation of streets and utilities. The 3.2-acre parcel constitutes only 64 percent of a 5-acre parcel and 32 percent of a 10-acre parcel. The parcel abuts a 19-acre vacant tract of land and a 4.4-acre parcel which contains one single-family residence. The soils in the area are salida and consist of relatively fine sandy material which, if disturbed, easily erodes. The parcel is part of and situated on the Minnesota River bluff area, which is of significant aesthetic and scenic value. Eden Prairie Road is a hard-surfaced blacktop road having a speed limit of 30 miles per hour. The grade of Eden Prairie Road in the vicinity of the parcel is approximately 13 percent. The overall change in elevation of Eden Prairie Road from the southeasterly corner of the parcel extending northerly a distance of approximately 400 feet to the top of the Minnesota River bluff is approximately 90 feet, resulting in an average grade of approximately 22.5 percent. The driveway proposed would be approximately 250 feet long and, from its intersection with Eden Prairie Road, would -3- have a grade of one percent a distance of approximately 30 feet; thereafter, the graUe would increase to 10.4 percent until it reached a distance of approximately 20 feet from the proposed garage at which point the grade would be approximately one percent. It would also have a turn-around near Eden Prairie Road. Available sight distances at the intersection of the driveway with Eden Prairie Road for a person in an automobile exiting the parcel are 360 feet to the left and 325 feet to the right, the latter being at the point of intersection of Eden Prairie Road with Trunk Highway 169-212. Sight-line distance in a northerly direction for a person in a car traveling northerly and attempting to make a left-hand turn into the proposed driveway is not more than 190 feet. Minnesota Department of Transportation and Institute of Transportation Engineers standard sight distances to the left are 340 and 250 feet, and to the right are 285 and 195 feet, respectively. These standard sight distances assume a speed of 25 miles per hour. Hennepin County requires a minimum sight-line distance of ten times the posted speed limit or 300 feet in the case of Eden Prairie Road. There was testimony before the Board of Appeals that sight distances for persons in vehicles exiting or entering the proposed driveway would vary in winter depending upon the height of snowbanks, as well as the height of the car, since the snow- banks cause the road to be narrower in the winter, which would reduce the distance of some of the sight lines. -4- There have been at least two reported accidents on Eden Prairie Road in the vicinity of the Brown parcel in 1981 and 1982. There was testimony that there have been a lot of cars running into the ditch along the road, including a City sanding truck, which turned over on the hill. There was also testimony that drivers of vehicles proceeding down the hill would not be able to see a car turning left into the proposed driveway and, at 30 miles per hour, would not be able to stop, resulting in an accident; and if the hill becomes icy or glazed, vehicles traveling in a southerly direction down the hill will not be able to stop for anyone entering or exiting the driveway of the parcel or for children crossing in front of a school bus stopped at that point. The existence of the driveway will create a hazard. The estimated market value of the parcel by the City Assessor as of January 2, 1983, was $9,300 and as of January 2, 1984, was $12,000. The January 2, 1984, estimated market value is based on the assumption that the Brown parcel is an un-buildable lot with future possible use. If the lot were buildable, the estimated market value would be between $20,000 and $30,000. There was testimony that the parcel could be used for the keeping of bees, truck and personal gardens, cutting of wood, and other agricultural uses. There was conflicting testimony that the only reasonable use is for a single-family dwelling. -5- A history of the ownership of the Brown parcel and the Nielsen parcel, previously commonly owned by Brown's and Nielson's predecessor in title is attached. Although Brown received record title to his parcel in July 1980, he con- tracted with Benjamin A. Gingold, Sr., for the purchase of the parcel in June 1977. Findings and Conclusions 1. The parcel owned by David Brown is irregular in shape. It is bordered on its easterly line by Eden Prairie Road and on its southerly line by Highway 169-212. Its westerly line commences approximately 176 feet West of the intersection of its southerly line with the westerly right of way of Eden Prairie Road and extends generally North to its intersection with its northerly line. Its northerly line is approximately 550 feet North of the northerly line of Highway 169-212. The parcel consists of approximately 3.2 acres. City sewer and water is not available to the site at the present time. Elevations vary from a maximum of approximately 850 feet in the northwesterly portion of the parcel to approximately 760 feet in the southeasterly part of the parcel. The variations in elevation occur over a distance of approximately 300 feet and represent an over- all grade of approximately 30 percent. The parcel is part of and situated on the Minnesota River bluff area, which is of aesthetic and scenic value. -6- 2. M.S. Section 462.351 contains a finding by the legislature that municipalities are faced with problems in insuring safe, pleasant, and economical environments and in preserving agricultural and open lands, and, in general, promoting the public health, safety, and general welfare, and that such problems can be mitigated by proper municipal planning to assist in development. 3. To ameliorate those problems, the City adopted a zoning code (Chapter 11 of the City Code and a predeces- sor, Ordinance 135). Purposes and objectives of the Zoning Code include, among others: to foster harmonious land uses, to promote stability of existing land uses, to prevent excessive population densitiies and overcrowding of the land with structures, to promote safe traffic systems, to protect and enhance real property values, and to safeguard and enhance the appearance of the City's natural amenities, such as hills and woods. The specific purposes of the Rural District in which the parcel is located are to pre- vent premature urban development until the installation of drainage works, streets, and utilities. 4. The parcel is situated in the Rural District in which the City, beginning on October 14, 1969, required a minimum of 5 acres for the building of a single-family dwelling. In 1982, the City amended the Code to require 10 acres, with the provision that the 5-acre minimum size applies to any 5-acre parcel existing prior to July 6, 1982. These provisions were adopted by the City to imple- ment the above-stated goals and objectives. -7- 2_1-131 5. The 3.2-acre Brown parcel constitutes only 64 percent of a 5-acre parcel and 32 percent of a 10-acre parcel. The Brown parcel abuts a 19-acre vacant tract of land and a 4.4-acre parcel which contains one single- family residence. The soils in the area are salida and consist of relatively fine sandy material which, if dis- turbed, easily erodes. 6. Eden Prairie Road is a hard-surfaced blacktop road having a speed limit of 30 miles per hour. The grade of Eden Prairie Road in the vicinity of the Brown parcel is approximately 13 percent. The overall change in eleva- tion of Eden Prairie Road from the southeasterly corner of the parcel extending northerly a distance of approximately 400 feet to the top of the Minnesota River bluff is approx- imately 90 feet resulting in an average grade of approximately 22.5 percent. 7. The driveway proposed would be approximately 250 feet long and, from its intersection with Eden Prairie Road, would have a grade of one percent a distance of approximately 30 feet; thereafter, the grade would increase to 10.4 percent until it reached a distance of approximately 20 feet from the proposed garage at which point the grade would be approx- imately one percent. It would also have a turn-around near Eden Prairie Road. Available sight distances at the inter- section of the driveway with Eden Prairie Road for a person in an automobile exiting the parcel are 360 feet to the left -8- 2 q?)? and 325 feet to the right, the latter being at the point of intersection of Eden Prairie Road with Trunk Highway 169-212. Sight-line distance in a northerly direction for a person in a car traveling northerly and attempting to make a left-hand turn into the proposed driveway is not more than 190 feet. Minnesota Department of Trans- portation and Institute of Transportation Engineers standard sight distances to the left are 340 and 250 feet, and to the right are 285 and 195 feet, respectively. These standard sight distances assume a speed of 25 miles per hour. Hennepin County requires a minimum sight-line distance of 10 times the posted speed limit or 300 feet in the case of Eden Prairie Road. Sight distances for persons in vehicles exiting or entering the proposed driveway would vary in winter depending upon the height of snowbanks, as well as the height of the car, since the snowbanks cause the road to be narrower in the winter, which would reduce the distance of some of the sight lines. 8. Construction of the proposed driveway will create a dangerous and hazardous condition at its intersection with Eden Prairie Road, exposing the public to substantial risk to person and property. Drivers of vehicles proceeding southerly down the hill on Eden Prairie Road would not be able to see a vehicle executing a left-hand turn into or out of the driveway, or children crossing the road to enter or leave buses, for a sufficient distance to stop, particu- larly when the road is icy or slippery. -9- 9. The estimated market value of the Brown parcel by - the City Assessor as of January 2, 1983, was $9,300 and as of January 2, 1984, was $12,060. The January 2, 1984, estimated market value is based on the assumption that the Brown parcel is an un-buildable lot with future possible use. If the lot were buildable, the estimated market value would be between $20,000 and $30,000. 10. The owners of the parcel have not shown that denial to them of a right to build a single-family dwelling on the parcel would deprive them of all reasonable uses of their property. The parcel could be used for the keeping of bees, truck and personal gardens, cutting of wood, and other agricultural uses, including the keeping of horses. 11. On the date of the adoption of the 5-acre minimum parcel size for construction of a single-family dwelling in the Rural District by the City of Eden Prairie on October 14, 1969, a parcel, consisting of approximately 4.4 acres, known as the Nielsen parcel, was owned by Benjamin Gingold, Jr., who at the same time was a vendee under a contract for deed between himself and Mildred K. Graves, former owner of both the Brown and Nielsen parcels. Because of the common owner- ship of interests in both parcels subsequent to October 14, 1969, and the subsequent divestiture of the interests in these parcels to separate persons, any hardship imposed by the minimum parcel size requirement, as applied to the Brown parcel, was created by the then owner of these parcels and not by virtue of the adoption of the minimum lot size require- ment by the City. The hardship, if any, is not involuntary. -10- 2Q 12. The variance requested from the minimum parcel size • standard of 10 acres (5 acres for parcels existing on July 6, 1982) to 3.2 acres, the size of the parcel, is too great and is unreasonable. Granting the variance would not be within the spirit and intent of the Code. Order Based upon the foregoing Findings and Conclusions, the decision of the Board of Appeals and Adjustments denying variance request number 84-19 by David Brown is affirmed. Bluffs East 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 107-84 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 R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agraement dated as of entered into between the Bluffs Company and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of September, 1984, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of November, 1984 ATTEST: John D. Frane, City Clerk Wolfgang H. PeriiiFF, Mayor PUBLISHED in the Eden Prairie News on the day of 2o2- ATTACHMENT A BLUFFS EAST 3RD ADDITION LEGAL DESCRIPTION Outlot 0 and Outlot E, Bluffs East 1st Addition, Hennepin County, Minnesota Bluffs East 3rd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1984, by and between the Bluffs Company, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied for rezoning from Rural to R1-13.5 for approximately 9.63 acres and preliminary platting of approximately 9.63 acres for Bluffs East 3rd Addition, located south of Lee Drive, Lane, south of Purgatory Creek, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereinafter referred to as "the property:" and, WHEREAS, Developer has applied to City to develop the property for 29 single family detached units; NOW, THEREFORE, in consideration of the City adopting Ordinance #107-84 and Resolution #84-234, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall plat and develop the property in conformance with the materials dated June 26, 1984, as revised, reviewed and approved by the City Council on September 4, 1984, and attached hereto as Exhibit B, and made a part hereof, subject to such changes and modifications as are 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 2. Lit ILA Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat by the City, Developer shall: A. Submit to the City Engineer, and receive the City Engineer's approval of the following: 1. Final storm water drainage plans consistent with the plans for the southeast quadrant of the City for drainage purposes. 2. Detailed plans for sanitary sewer, water, and streets. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those plans listed above, in accordance with Exhibit C attached hereto. 4. Prior to issuance of any building permit for the property, Developer shall: A. Post a temporary dead end sign at the end of Meade Lane. B. Submit to the Director of Planning, and obtain the Director's approval of individual plans for each lot along Purgatory Creek, showing individual erosion control, grading, and restoration plans. C. Submit to the City Engineer, and receive the City Engineer's approval of individual erosion control and grading bonds for each lot of the property along Purgatory Creek, assuring compliance with the individual erosion control, grading, and restoration plans. Upon approval by the Director of Planning and the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in accordance with the approved plans. 5. Upon completion of individual structures, Developer shall: A. Sod each lot from the back of the curb to the back of the individual structure. B. Sod all drainage swales and graded areas with slopes in excess of 3-1 as part of the overall site grading restoration. Said improvements shall be bonded in accordance with Exhibit C, attached hereto. Bluffs East 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-288 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE #107-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 107-84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of November, 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. 107-84, 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. 107-84 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 November 6, 1984. Wolfgang H. Penzel, Mayor ATTEST: Jan D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 107-84 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 CIlY 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: Summary.: This Ordinance allows rezoning of land located west of Franlo Road, south of Lee Drive, known as Bluffs East 3rd Addition, from Rural District to R1-13.5, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John_D.Frane City Clerk /s/Wolfgang_.H. Penzel Mayor PUBLISHED in the Eden Prairie News on the day of • 1984. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #84-293 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE APARTMENTS FOR DAVID AMES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Prairie Apartments for David Ames, dated October 11, 1984, consisting of 6.47 acres for 108-unit apartment building, a copy of which Is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the , 1984. day of Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk MEMORANDUM TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services November 1, 1984 Supplementary Staff Report to the October 12, 1984 Planning Staff Report Regarding Eden Prairie Apartments The three major park and recreation concerns regarding Eden Prairie Apartments are as follows: • Location of park services 2. Trails 3. Landscaping PARKS This site is located approximately 1400 feet cast of Edenvale Park and immediately west of Edenvale Golf Course. Eden Prairie Apartments is also providing a private swimming pool for their occupants. 'IRA TI The October Planning Staff Report adequately addresses the pedestrian systems required. The Eden Prairie Apartments development should provide for 5' hldc concrete sidewalks along the north side of Valley View Road and along the east side of Colfview Drive; these will provide safe pedestrian access to both the golf coarse and Edenvale Park. GRAD1NC Page 2 of the 0,-.talber 12 Planning Staff Report indicates that the majority of the trees are to be saved, and then says a total of 14 out of 58 oaks will be retained; that should be corrected to 44 out of S8 oaks will be retained. CASH PARK FEE The October 12 Planning Staff Report also indicates that prior to building permit issuance, the proponent shall pay the appropriate cash park fees; however, this parcel is within the original Ldenvale POD and is not required to pay the cash park fee. It should he noted that in the original Fdenvale POD C.olf View Drive has planned to extend through Edenvole ('elf Course and to loop south and west adjacent to this site and tie into Valley View Road lheic has been some opposition to the idea of extending GolfViewDrive through the golf aour se and directly tieing a single family neighborhood to a multiple area. lie qovslion en road connections is basieally a Planning Commission item; however, as the road would bo dividing the golf coarse it may be brought to the attention of the Parhs, Recreation and Natural Resources Commission members. BL:md zqqg STAFF REPORT REQUEST: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning October 12, 1984 Eden Prairie Apartments North of Valley View Road, West of Edenvale Golf Club David Ames 1. Zoning District Amendment within existing RM-2.5 Zoning. 2. A Preliminary Plat of 6.7 acres into one lot. TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: Background _ _ This site was previously zoned to RM-2.5 in 1973, according to a specific development plan for Master's Condominiums, which in- volved 96 units in two, three-story, cross-shaped buildings, with under- ground parking. Issues discussed at the time of rezoning that are still valid today, are tree preservation, density, height, appearance, and access. The site slopes steeply in all directions, from a high point at elevation 900 in the central portion of the site. The site is heavily wooded. A tree inventory supplied by the proponent indicates a total of 92 trees of twelve-inch caliper size, or greater. The dominant tree type is oak (58). Site Plan The development involves the con- struction of a three-story apartment building, containing 108 units at an overall density of 16.7 units per acre, based upon 6.47 acres of 24S-3 Eden Prairie Apartments 2 October 11, 1984 developable land. The building is constructed in a "Y" configuration at the top of the knoll in the central portion of the site. Primary access for the property will be off Golf View Drive. There will be an exit available on to Valley View Road for the underground parking. The site is being developed at a floor area ratio of about 0.44. Code would allow up to a floor area ratio of 0.5 for a multi-story building. Parking is provided at a ratio of two spaces per unit, with 120 garage spaces, and 96 parking spaces on grade. The surface parking area is concentrated in the southwest corner of the site, in order to retain as many oak trees as possible. Access As previously mentioned, access will be from Golf View Drive and Valley View Road. Attachment A shows a conceptual layout of Golf View Drive, which runs from Valley View Road to existing Golf View Drive, north and east of the site, and through the golf course. The conceptual layout is representative of the 1972 Edenvale Planned Unit Development. Land uses planned on either side of the road are for a medium density land use up to about 13.5 units per acre. A portion of Golf View Drive will be constructed to the northern most property limits concurrent with building construction on this site. Sight vision distances, along Valley View Road, are acceptable, looking in a westerly direction. Looking towards the east, the sight vision will be obscured by the crest of the hill on Valley View Road. The intersection of the private driveway, with Valley View Road, is offset approximately 80 feet east of the intersection with Fairway Woods Drive. A better way of traffic movement would be to either align the driveway with Fairway Woods, or to have it offset at a minimum of 150 feet to the east. This would coincide approximately with the crest of the hill, which would allow for better sight vision distance toward the east. Grading The majority of grading work will be confined to the southwest corner of the site. The shape of the building footprint, and concentration of the parking in the southwest corner of the site, allows for the majority of trees to be saved. A total of 14 out of 58 oak trees will be retained. Slopes of 2/1, or greater, are proposed around the edge of the parking lot. The height of this slope will vary between twelve to twenty-two feet. There is room adjacent to Valley View Road to extend grading and reduce the slope to 3/1. Along Golf View Drive, the parking setback is 25 feet, which leaves no room to soften the slope. Moving the parking lot eleven feet to the east would provide a 3/1 slope. I andscapin2 Since the majority of mature overstory, oak, and other tree varieties are to be retained on site, there is an appropriate scale relationship to the building. The building will appear to blend with the site. Parking will be visible from Valley View Road and Golf View Drive, since the parking is at a higher elevation than both roads. The proponent is providing a row of coniferous trees to satisfy the City requirement for screening of parking areas. There is a large planting island in the center portion of the parking area, which will help break up the expanse of parking area. 245'1 Eden Prairie Apartments 3 October 11, 1984 lt Architecture The building is proposed to be constructed in a "Y" configuration at an overall height of 43 feet. Code would allow a maximum height of 45 feet above grade for multi-story buildings. The building is proposed to be constructed primarily of wood and glass over the face of the building and over the exposed garage areas. Code requires that primary building materials be brick, glass, or stone, with wood permitted as an accent material not to exceed 25 percent of the face of the building. The majority of housing styles near this site have a residential scale. Roof lines are pitched and building fronts are staggered. Adding a roof to the top of the building would increase the overall height by approximately twelve feet. A way of counter-acting the total height of the building, would be to lower the building approximately ten to twelve feet further into the ground. This may result in more grading and mo..e tree loss since a number of trees are located extremely close to the building; however, most of the trees are box elder or elm. The majority of oak trees are closer to Valley View Road. Pedestrian Systems A feasibility study for improvements to Valley View Road is being completed at this time. Part of the improvements will include a five-foot wide concrete sidewalk on one side of the road, and an eight-foot wide bituminus trail on the other side. The proponent should provide for a five-foot wide concrete sidewalk along the north side of Valley View Road. In addition, with the looping of Golf View Drive, there should be a five-foot wide concrete sidewalk along the east side of Golf View Drive. Conclusions The building appears to be sited in the most appropriate location on the property. Much of the existing natural features of the site will be retained. There will be a minimal amount of grading work and tree loss on-site. The tree mass on-site provides the opportunity for a blending of the building mass and architecture with the property. The density of the project at 6.7 units per acre is within an allowable density maximum for RM-2.5 zoning, which is 17 units per acre. This site was previously rezoned to RM-2.5, based upon a previous development plan for 96 units. The density, though higher than approved plans, does not cause significant site planning problems, since the majority of trees are being saved, and the building and parking seem to be sited appropriately. STAFF RECOMMENDATIONS The Planning Staff would recommend any of the following alternative courses of action: 1. The Planning Commission could recoamend approval of the request for the zoning amendment on 6.4 acres land currently zoned RM-2.5 and a preliminary plat of 6.47 acres into one lot, based on plans dated October 11, 1984, subject to the recommendations of the Staff Report dated October 12, 1984, and subject to the following conditions: q •57— Eden Prairie Apartments 4 October 11, 1984 A. Prior to Council review, proponent shall: 1. Modify the buildihg plans to indicate brick and glass as the primary building material. Modify the building to add a pitched roof. 2. Modify the site plan to indicate a five-foot wide concrete sidewalk along the north side of Valley View Road and the east side of Golf View Drive. 3. Modify the site plan to realign the driveway entrance on Valley View Road to the east property line. 4. Modify the grading plan to lower the building elevation by twelve feet. B. Prior to Final Plat, proponent shall: 1. Submit detailed erosion control, and storm water run-off plans for review by the City Engineer. 2. Provide detailed erosion control, and storm water run-off plans for review by the Watershed District. C. Prior to Building Permit issuance, proponent shall: 1. Pay the appropriate Cash Park Fee. 2. Stake the grading limits with a snow fence. D. The oak trees to be lost due to construction shall be replaced on a caliper inch per caliper inch basis. The minimum tree replacement size shall be four inches with at least 50 percent of the trees replacement to be oak. E. Concurrent with Building construction, construct concrete sidewalks along Golf View Drive and Valley View Road. F. Concurrent with site development, Golf View Drive shall be constructed to the northern property line of this site. 2. The Planning Caanission could recommend that the development plans be returned to the proponent for revisions to the building and site plan which would be indicative of residential scale. 3. The Planning Commission could recommend denial of the development plans. 205?) —2451/ Planning Commission Minutes 5 October 15, 1984 C. EDEN PRAIRIE APARTMENTS, by David Ames. Request for Zoning District Amendwnt within RM-2.5 District and Preliminary Plat of 6.47 acres for 108-unit apartment building. Location: North of Valley View Road, West of Edenvale Golf Club. A public hearing. Mr. David Amos, proponent, reviewed the site features and site plan Planning Commission Minutes 6 October 15, 1984 characteristics of the project with the Planning Commission. He stated that the major goal of the project design was to preserve as many trees as possible on the site. He stated that by locating the structure as shown, only thirteen trees would be lost due to construction. Mr. Ames stated that he would prefer to use redwood siding on the structure, instead of brick as suggested by Staff. He added that he would also prefer to maintain a flat roof for this structure instead of a pitched roof. Mr. Ames stated that his only other concern was the Staff suggestion regarding the recommendation to lower the building by twelve feet in order to provide a pitched roof which would be screened by the height of the trees. He stated that he felt the flat roof, with the height of the trees, would be sufficient screening for the structure. Planner Franzen reviewed the findings and recommendations of the Staff Report of October 12, 1984. Torjesen asked if lowering of the building by twelve feet would make a better overall site plan for the project. Staff responded that additional fill would be available for the parking areas. Therefore the overall grading of the site would be improved. Regarding the pitched roof for the structure, Staff stated that there were two multiple residential projects within the area which did have pitched roofs, adding to the residential character of those structures. Hallett asked how many trees would be lost with lowering of the structure by an additional twelve feet. Mr. Tom 7umwalde, architect for proponent, responded that many more trees would be lost with this revised grading plan. He estimated that approximately two-thirds of the trees would be lost, as opposed to only thirteen trees. Planner Enger stated that the original plan for this site, based upon its parking arrangement, showed many more trees being lost than were currently shown on the plan before the Planning Commission. Torjesen asked how visible the structure would be from Valley View Road. Staff responded that there was a 50-foot elevation change between the elevation of the road and the proposed elevation of the building. Therefore, from Valley View Road, the structure would not be very visible. Planner Enger stated that he felt it was an overstatement to say that the revised grading suggested by Staff would result in two-thirds of the trees being lost. He reviewed the site grading proposed with the Planning Commission, indicating that several more trees would be lost, but not two- thirds of those upon the site. Chairman Beaman and Hallett stated that they were not necessarily concerned that the building have a pitched roof in this situation. Marhula stated that he felt perhaps a compromise position would be available for the grading of the property. Marhula asked what tbe status of Valley View Road improvement was at this time. He stated that he felt the access situation to Valley View Road for this site was currently not a good one. Planner Enger responded that the feasibility study for improvement of Valley View Road was due to be compl ,,ted within 30 days, at which time Staff would have more information. 2,4S6 Planning Commission Minutes 7 October .15, 1984 Marhula asked if it was known whether additional right-of-way be needed and whether there were plans to straighten out the curve in this vicinity of Valley View Road. Staff responded that there may be need for additional right-of-way at the location of Golf View Drive and Valley View Road for this purpose. However, the Engineering Staff, in its review of this project, did not feel it would effect this project. Hallett asked how this project would affect the property owners to the northeast in particular with respect to the extension of Golf View Drive. Planner Enger stated that the owners of the property to the northeast would be interested in receiving access from this new portion of Golf View Drive. There were very few options available for accessing this piece of property. Hallett asked if it would be necessary to extend Golf View Drive into a loop as shown on the approved Edenvale Planned Unit Development plan. Staff responded that this was an approved plan from the early 1970's and that this was the first time, since that approval, that the question of the road had been raised. He stated that the Planning Commission may choose to re- evaluate the need for this road at any time. Hallett expressed concern regarding the open space plan and the amount of land dedicated for open space within the overall Edenvale Planned Unit Development. He asked whether it would be possible for the open space to be developed. In particular, he expressed concern that with the looping of Golf View Drive through the golf course, new owners of the golf course may be tempted to develop the property as opposed to maintaining it as open space for the project. Hallett stated that he felt the City should be cautious about the potential for development of lands planned for open space to Planned Unit Development approvals becoming developed property. He stated that, if the City had approved a project based on the amount of public open space, the City should be cautious also to insure that public open space remain as public open space and not turn into private open space, particularly with a facility such as a golf course. Torjesen stated that he was concerned with density. He asked if it was appropriate density to allow development of this property based upon the amount of traffic that would be generated onto Valley View Road. Planner Enger responded that this was a zoned site and had previously received approval for a 96-unit apartment complex. He stated that the major difference in the plan was the amount of preservation of open space with the current plan over the previous plan. A configuration of this structure saved many more trees than the previous plan had done. Planner Enger stated that the difference in the number of units was a total of twelve but that, in Staff's opinion, based upon the amount of preservation of trees and the screening of the structure, an additional twelve units would be warranted. Further, the amount of additional traffic at peak periods onto Valley View Road would be insignificant. Gartner stated that she felt this plan was an improvement over the previously approved plan for the property. Mr. John Finch, 14120 Forest Hill Road, stated that he had lived in the City for five years. He stated that he was appauled with what was hapiening in the Edenvale area. He questioned v..!4ether a twelve-year old plan for this 2t) /-1 Planning Commission Minutes 8 October 15, 1984 area would not now be outmoded and inappropriate for this neighborh o o d . M r . Finch expressed concern regarding the density proposed for this s i t e . H e stated that he felt this area deserved to have parks and trails but i n s t e a d was developing this high density and light industrial. He stated t h a t h e felt that the City was losing sight of what was trying to be accompli s h e d i n this area for the residents and that the single family to multiple f a m i l y ratio was out of balance by approval of so many high density uses i n t h e vicinity. Chairman Bearman asked Planner Enger to review the approved sites wit h i n t h e Edenvale Planned Unit Development against the originally approved den s i t i e s for the project. Planner Enger reviewed each of the additions i n t h e Edenvale project, explaining the density approved for the site and th e n t h e density actually built upon the site. In many cases, the density ha d b e e n decreased, as much as 50 per cent. Several of the sites had been dev e l o p e d at the approved densities. And several of the sites had been approv e d a t densities between 10 and 30 per cent lower than the overall approved P l a n n e d Unit Development for Edenvale. Hallett asked if the Cash Park Fee for the entire Edenvale project had b e e n waived. Planner Enger responded that the Edenvale Planned Unit Develo p m e n t was approved before the City required Cash Park Fees of developer s . H e stated that this was also true of the large Preserve Planned U n i t Development. In both cases, the City Council had reviewed the amou n t o f open space dedicated at that time for each of these large Planned U n i t Developments within the community. It was their determination tha t t h e amount of open space dedicated or planned within these developme n t s w a s adequate to compensate for the Cash Park Fee requirement at that ti m e b e i n g imposed. Hallett stated that there were still many acres of the E d e n v a l e Planned Unit Development which had not been developed. Chairman B e a r m a n stated that he questioned whether the City could legally obtain Ca s h P a r k Fees from the sites. He asked that Staff review this with the City A t t o r n e y and report back to the Planning Commission. Mr. George May, Attorney for Edenvale Golf Course owners, expressed c o n c e r n regarding the loop road configuration for Golf View Drive through t h e g o l f course. He asked if there was any reason to implement the loop p o r t i o n through the golf course at this time. Staff responded that the only p o r t i o n of the road under consideration at this time would be within the bor d e r s o f the proposed Edon Prairie Apartment land use. Mr. May stated th a t t h e Edenvale Golf Club owners were unalterably apposed to having a ro a d c u t across the golf course. He stated that they also had a concer n t h a t property adjacent to the golf course be fenced. This would preve n t a n d preclude any problems with children or course users trespassing o n e a c h others property. Mr. Bob Martinson, The Kerr Companies, stated that 50 per cent o f h i s project, Village Greens Condominiums, was located upon the Edenvale G o l f Course. He stated that he was interested in the golf course being ab l e t o operate successfully and that he did not feel routing of the road th r o u g h the golf course across one of the tees would be appropriate. Mr. Mart i n s o n stated that he felt traffic should not Le dealt with lightly on this pr o j e c t either. He stated that, from his experience, the traffic was a m a t t e r o f concern in this entire area. Mr. Martinson also asked what income grou p t h e 215-7 0 Planning Commission Minutes 9 October 15, 1984 project was intended to serve. Mr. Ames responded that the projec t w o u l d cost approximately six million dollars to construct. He stated that the building would be for rental housing and would be built with h o u s i n g development revenue bonds. Rents for a one-bedroom apartment were e x p e c t e d to be between $470 and $545 dollars per month; rents for two- b e d r o o m apartments were expected to be between $540 and $680 dollars per mont h . Mr. Heber Stephens, 14267 Wedgeway Court, expressed concern regardi n g t h e density of the project and of the overall Edenvale Planned Unit Develo p m e n t . He also expressed concern regarding traffic on Valley View Roa d . M r . Stephens stated that he felt more concern should be given to the ex i s t i n g single family residents in the area. He stated that he felt th a t t h e sanctity of the golf course should be preserved. Mr. Doug Rueter, 8750 Black Maple Drive, stated that he was a resid e n t o f the Preserve, the other large Planned Unit Development within Eden Pr a i r i e . He stated that he was concerned about the approval of so many high d e n s i t y uses within these large Planned Unit Developments. Mr. Rueter state d t h a t he would understand if the owner of the golf course developed the prop e r t y . He added that he felt the Planning Commission and Council should get t o u g h e r with the requirements for lower density within the community. Mr. R u e t e r stated that he was running for Council and indicated that his position w o u l d be against high density projects in the community. Mr. Rick Sitek, the golf pro at the Edenvale Golf Course, stated t h a t h e felt the road connection of Golfview Drive concerned more people th a n t h o s e within the proposed apartment complex. He stated that he felt it wo u l d h a v e a negative impact on the golf course itself. Mr. Floyd Siefferman, Jr., 6997 Edgebrook Place, questioned why t h e C i t y would not stick with the previous 96 units approved. Hallett stated that he was concerned about the road extension. P l a n n e r Enger stated that the particular section of road shown with this p r o p o s a l was necessary to provide access to the property to the northe a s t . H e pointed out that, at this time, the only portion of the road bef o r e t h e Planning Counission for review was that segment shown along the west b o r d e r of the Eden Prairie Apartment proposal. Hallett stated that it was o b v i o u s that if the road was not looped there would be a long cul-de-sac up i n t o t h e northeast area of this neighborhood which would also not be desirable f r o m a public safety point of view. Torjesen stated that the City must also pay attention to the rig h t s o f property owners of undeveloped property and their right to devel o p t h e property within legal boundaries. He asked vdtat the life of a Planne d U n i t Development was within City Code requirements. He questioned at what point a Planned Unit Development would no longer be binding and whether i t h a d been stated anywhere that a Planned Unit Development would be scheduled for regular roviows as to its appropriateness based on an amount of time, or changes in Code, etc. He added that he felt the Staff and proponent c o u l d possibly come to a compromise position regarding the amount of grading to be done on site. Marhula pointed out that the site had not been "zoned" f o r 9 6 units. However, there Was an approved site plan for the proper t y w h i c h inrlwld96 units. 2 (.61 (2) Hauling Coomission Minutes 10 October 15, 1984 Chairman Boorman stated that be did not feel there would be a visible difference between this plan at 108 Units or 96 units. He stated that the plan for 96 units had been spread out Ore on the site and did not preserve as many natural features of the site. Torjesen questioned the amount of traffic impact that would result from the increased density. Planner Enger stated that the increase would be insignificant. MOTION 1. Motion was made by Hallett, seconded by Marhula, to close the public hearing. Motion (tarried--5-0-1 (Schuck abstained) MOTION 2: Motion was made by Hallett, seconded by Gartner, to recommend to the City Council approval of the request of David AM2S for Zoning District change from Rural to RM-2.5 for 8.47 acres for an apartment complex of 108 units known as Eden Prairie Apartments, based on plans dated October 11, 1984, subject to the recommendations of the Staff Report dated October 12, 1984, with the following added conditions: I) Developer and owner of the goli: course should work toi„ethee to determine the need and cost of fencing between the two properties; 2) Exterior materials for the strrcture should be changed to meet City Code requirements; 3) item PIA of the Staff Report he eliminated as a condition of approval. Hallett asked if the City could require either Party to fence the property line between the apartment: bdilding and the golf course. Staff responded that they would discuss the mtter with the City Attorney. Chairiaan Seaman Fecomm,,ned that the two parties work together to a mutual resolution of any perceived problms on this matter. Hallett stated that he was concerned about the matter of Cash Park Fees for the largo Planned Unit. Developments within the cwiminity and asked that Staff check into it further. He stated that he felt the Commission should perhaps discuss this matter with the City Council. ration cseried--1-1-1 (Torjesen aqainsi; Schick abstained) Turjesen stated that, while he felt the site plan was a goad one, he felt the project should be less dodse, with a total of 96 units as previously opprove(1. ri:itiON it it to weis made by Hallett, y-cendieii by Gartner, to recommend to the City Enunk 0 opproval of the o Ore 1 icier for Pre? iminary Plat of 6.47 „cr y t. i n ! a 0 00 loL for re:!!:dle:; to be known as Eden Prairie Toorl,r,cnts, has;:d on plots itd Octol ,er II, 1084, subject to the rek .ieus of the Stat POrt bid Pointer I?, 1984, with the ;t ddrid condi t ions: I) tti tpter nd owner of the golf course lit it `407,; to Pe hero tic I to toed ii cost of fencing bet ,..2eon the two pFoporties; >. ter i or or thr structure should be (iiong ,..,(1 to Planning Coaoission Minutes 11 October 15, 1984 meet City Code requirements; 3) Item PIA of the Staff Report be eliminated as a condition of approval. , Motion carried--4-1-1 (Torjesen against; Schuck abstained) MOTION 4: Motion was made by Hallett, seconded by Schuck, that Staff be directed to review the appropriateness of not charging Cash Park Fees within the Fdenvale and Preserve large Planned Unit Developments in Eden Prairie, and that it be determined whether the reasons for not charging Cash Park Fees at this time are still valid. Torjesen asked if there was a "sunset" clause within the City Code regarding the amount of time a Planned Unit Development approval lasted, or if there Was a time limit on decisions for such a project, after which additional review was required. Torjesen asked whether it would be possible to determine the "public" nature of the golf course within the Edenvale Planned Unit Development with respect to dedicated open space in order that the future development of the property as anything other than a golf course could be prevented, if necessary. Staff responded that they would research this and repwt back to the ComAssiao. Motion carried--6-0-0 z(V:1 STAFF REPORT TO: Planning Connission FROM: Mike Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: October 12, 1984 PROJECT: Computer Depot LOCATION: North of Valley View Road, east of Highway #169 APPLICANT/ FEE OWNER: Welsh Construction Company REQUEST: 1. Zoning District Amendment within 1-2 Zoning District for Office/Warehouse use on 5.42 acres. Background This is a continued item from the September 24, 1984, Planning Commission meeting. The Planning Comnission recommended that the development plans be returned to the proponent for revisions, based upon recommendations which included modified building elevations to reflect a more office-looking appearance, additional landscaping, and a statement from the Enblom family and from Wilson Learning indicating they approved of the site plan revisions. Building Modifications The building footprint and building square footage remain the same as the original proposal. A total of 76,797 square feet of building area is proposed, of which 20,832 square feet will be office, or 27 per cent of the building. The building will be 21 feet high overall, as compared to the initial plan, which was mostly one-story. Building eleva- tions reflect a considerably higher percentage of glass than the zcif, Computer Depot 2 October 12, 1984 previous submittal. Cement board panels and porcelain coated metal panels are predominant on the east, north, and west sides. The wall facing Wilson Learning will be painted concrete block and concrete panel with no glass. A continuation of the materials, columns, and building projections, reflective of the other elevations would be more appropriate. Concrete block is not an aceptable building material in an office district. Staff has not seen samples of the cement board panels or porcelain steel panels. These materials should be provided for Staff review. Staff would recommend that the primary building materials be brick, glass, or stone. There will be two loading docks visible from Wilson Learning. They will, however, be recessed docks, and with significant landscaping, the impacts can be downplayed. Site Plan Modifications There are two access points to this site on the north and south ends, as opposed to the centrally located access with the previous submittal. A total of 169 parking stalls are provided on site. Code would require 131 spaces. Since the building is constructed at 21 feet, it is possible to convert to a two- story office building over the entire footprint. This could mean up to 154,000 square feet of office, and would require the provision of 770 parking stalls, if a total conversion would occur. Because of the large building footprint and limited amount of site area, additional parking would have to be provided in structured parking, on-site or elsewhere within the Wilson Learning development. Landscaping At the time of preparation of the Staff Report, a detailed landscape plan had not been prepared. Staff recommends that the following guide lines be used in the preparation of the detailed plan. The minimum plant material size should be a 2- 1/2 -inch minimum with a three-inch average for shade trees. Coniferous trees should be a six-foot minimum height with an eight-foot average. Additional coniferous trees will be necessary to screen the north parking lot. Grading The grading plan is consistent with the Planned Unit Development and is not appreciably different from the previous plan. The plan basically cuts the hills to fill the low areas. Signage and Lighting The proponent will need to provide Staff with an overall signage and lighting plan with details for review. Rooftop Mechanical Units Code currently requires that all rooftop mechanical units be screened from view. The proponent should provide details of rooftop mechanical screening with materials architecturally compatible with those used on the exterior surface of the building. Sight lines should be provided from US #169, Wilson Learning, and Flying Cloud Drive, to illustrate the effectiveness of screening. Computer Depot 3 October 12, 1984 Utilities Storm water run-off will sheet drain across the parking areas into catch basins. From those collection points, water will drain towards Flying Cloud Drive or Highway #169 right-of-way. Conclusions The proponent has made revisions to the building and site plans, to create an office-like appearance. Increased building height to 21 feet, and more glass around the building, give an office-looking appearance from US #169 and Flying Cloud Drive. Additional and larger plantings will also provide for scale and add visual interest. If the Comnission feels that the proponent has made substantial enough modifications, to create an office-like appearance on this site, then Staff would recomnend that approval be based upon the following: 1. Prior to City Council review, proponent shall: A. Submit the detailed landscape plan per the recommendation of the Staff Report, which depicts a 2-1/2-inch caliper minimum, three-inch caliper average for shade trees, and an average eight-foot height for coniferous trees, with a six-foot minimum. Screening of parking areas to occur from Flying Cloud Drive and US #169. B. Submit examples of proposed building materials for review prior to City Council. C. Submit plans relative to rooftop mechanical screening, signage, and lighting details. 2. Prior to Building Permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Submit detailed storm water runoff and erosion control plans for review by the City. D. Submit detailed storm water runoff and erosion control plans for review by the Watershed District. z qU I Planning Commission Minutes 2 October 15, 1984 B. COMPUTER DEPOT, by Wilson Ridge Joint Venture. Request for Zoning District Amendment within 1-2 Zoning District for Office/Warehouse use on 5.42 acres. Location: North Valley View Road, east of Highway #169. A continued public meeting. The Planning Commission continued this from the September 24, 1984, meeting in order to allow the proponent time to revise the plan so that it appeared substantially office in nature. Proponents had provided Staff with revised building elevations of a preliminary nature that could provide the desired office appearance. Mr. Dan Russ, Welsh Construction, reviewed the project with the Commission, explaining that the building would be a two-story structure of approximately 76,800 square feet. He stated that he had received a letter from Mr. Bob Brown, Wilson Learning Center, stating Wilson Learning's agreement with the project and their satisfaction with the design. Mr. Darryl Anderson, architect for proponents, explained the revised building features and materials to he used on the exterior. He stated that the major difference was that the building would be more office-like in appearance. Mr. Russ added that Computer Depot's growth in the future would be centered around the office and repair portions of their business, as opposed to the storage areas. Planner fnger stated that Staff had reviewed some of the revisions proposed in the Computer Depot site. However, at Staff's last meeting with proponnt, all revisions hdd not been made. Planner Enger asked proponents how much square footage had been assigned to each of the uses within the structure. Mr. Russ responded that approximately 21,000 square feet would be used for office, with the remainder being used for storage and assembly. He added that the amount of square footage to be used for assembly had not yet been finalized. Planner Enger stated that he raised the question due to z(16,5 0 Planning Commission Minutes 3 October 15, 1984 the number of parking spaces needed for the various uses within the structure. He stated that for an assembly use three spaces per 1,000 square feet of gross floor area were necessary, whereas for warehousing or storage space one space per 2,000 square feet of gross floor area were required. Planner Enger stated that, as a practical matter, there would be a limitation as to how much assembly would be allowed in the building based on the amount of parking space available on the site. The current plan showed 251 parking spaces available. Planner Enger pointed out that Staff would review the site plan in great detail at the time of request for building permit to determine the necessary amount of parking spaces based upon the exact square footages of use assigned at that time within the structure. He added that exterior materials and the amount of open space would also be reviewed at that time. Chairman Bearman asked how much additional parking would be needed if the majority of the storage area was converted to assembly space. Planner Enger responded that approximately 50 per cent additional parking may be necessary, depending on the allocation of uses within a structure. This could change the site plan drastically from what the Planning Commission was currently reviewing. Chairman Bearman stated that he felt the proponents should be aware that the Planning Commission would take action only on the plan in front of them for review at this time and that, should a plan revision be necessary requiring 50 per cent additional parking over and above what was currently shown, this would constitute a major change in the site plan and require additional Planning Commission and Council review. Chairman Bearman asked proponents what the height of the structure would be overall. Mr. Anderson responded that the building would be 21 feet in height overall. He stated that previously the building was 16 feet in height. Planner Enger stated that the exterior materials for the revised plan included cement panel board, tinted glass, and porcelain steel panels. He stated that it was Staff's opinion that this was a large improvement in the types of materials shown for the original plan. Planner Enger stated that there were several Staff suggestions for revision of the plan before the Commission at this time, which included the following: 1. The earthen berm on the south elevation should be higher than shown on the current plans. 2. Samples of the exterior materials should he submitted for review against City Codes and Building Codes. 3. The landscape plan needed revision to the plant material sizes shown on the plan and more materials were needed throughout the site. 4. The south elevation of the building should he modified to include the cement panel board and a two-foot wide strip continued across the top of the building. 5. The concrete panel around the center of the building should be 2 (4(9 61, Planning Co:mission Minutes 4 October 15, 1984 raised and continued around the south elevation to the exterior of the two dock doors of the building. 6. Deming should be shown on the site plan and sight lines presented to indicate effectiveness of screening of the parking areas and loading areas. Hallett asked what type of internal circulation pathways were available within the project. Mr. Anderson responded that the original trail system shown within the Wilson Ridge project would be continued through this project. Hallett asked if tiler:: would be a connection between the pathway along Highway 069 and the parking lot urea at the southwest corner of the site. Mr. Anderson stated that one was not shown; however, they would certainly be willing to add one. Planner Ender added that the trails along Flying Cloud Drive would be constructed as part of the road project by the City. He suggested that proponents also include a trail connection from the front door of the structure to the east to connect to the trail proposed along Flying Cloud Drive. Hallrtt asked proponents where they would add parking, if it became necessary to do so. Mr. Anderson pointed to several areas on the site that were considnred for future parking. Hallett asked if this would result in loss of existing trees, or a reduction in the amount of landscaping. Mr. Andercm stated that the lot coverage would not change, that it would be typical of any 1-2 District site with 30 per cent Floor Area Ratio. Chaiiwn Bcarman asked if there would be enough room on this site for packing, if the structure had been planned, and/or was converted to chardlctely office, considering the proposed footprint of the building. Staff responjed that there would he enough room for 50 per cent office and 50 per cent wovehouse within the structure in order to meet the parking needs. Chairman Boatman asked if prop(ments had any idea of their future oft ice needs and whether the current propre,ed plan would meet those needs and the resultant parking needs. Mr. Paul Larson, Vice President of Co .:iTuter ft-Tot, stated that currently Cowuter Depot had 50 employees. He stated that tuture plans included up to 65 employees, but very little more, if any. Chairman 8ear,:lan asked if he know how mueh additional office space would he needed as a result of inc.reased e4loyees. Mr. Larson responded thilt peyhaps an additional 10,0".)0 square feet of office, as a maximum, would hi rey)i:.-. Chairan Hdarman asked how cunim asseaibly space would be ddded in the future. Mr. tron respunded that additional assembly space of 6,000 to 10,N0 sq uire feet may he necessary in the future. Hallytt stated that, with only 66 to 65 cmployees total, he would prefer that proaondnts nnt construct the entire 7b1 partind spaces on the site at thin ti;:!e but rather that they leave the parking areas in greed space, maintaining the additional pecking areas only as proof-of-parking at this tirx. Torjesen stated that ohd of the City's concerns for tbis project would be pladnind for the huill;rT; futioe use. He statt'd that, over a building's thore may 1,d Italy tenets and is housed within the structure.' 15c City tili nood th Jsert,ln: ;:hAiwr d,f(dalate parking facilities wuld he available tor eaoh it tbdse usds. Planning CWAY,ion Minutes 5 October 15, 1984 lorjesen asked if it would be appropriate for the Plannin g C o m m i s s i o n t o make a "WfdXiiAle reconma.endation regarding the amount of office to be allowed within this structure based upon the availability of p a r k i n g . S t a f f responded that the Building Department, whn issuing an o c c u p a n c y p e r m i t , would check on the uses and the au n uunt of each use within the structure. If any inconsistencies were found at tint time, Planning S t a f f w o u l d b e notified and if necessary, Planning Staff would return t h e i t e m t o t h e Planning Commission for review. Terjesen stated that, in general, be was pleased with the re v i s e d p l a n s . H e stated thet they represented more of uhat he had thoug h t t h e P l a n n i n g ComEission had in mind upon approval of the overall Wilso n R i d g e P l a n n e d Unit Dvelopment. Mr. flaniel Enblom, 10610 Valley View Road, representing th e E n b l o m E s t a t e , stated that Welsh Construction had been keeping his family w e l l i n f o r m e d o f the progress on this site. He stated that, in general, th e o p i n i o n o f t h e family was that this was a better building. 110f 109. Motion was made by Cartner, seconded by Hallett, to recomm e n d t o t h e C i t y Council, approval of the request for 7oning Oistmict Aand m e n t w i t h i n t h e 1 - 2 toning District for an office/warehouse use on 5.42 ac r e s f o r C o m p u t e r Dapot, bared on revised plans dated October 12, 1984, s u b j e c t t o t h e reendations of the Staff Reports of Septe6ber 22, 1984 , a n d O c t o b e r 1 2 , 1984, with the following additions: I) tandscaping and a r c h i t e c t u r a l treatment for the property be amanded as reeramend ed b y P l a n n i n g S t a f f a t the Planning Commission meeting of October 15, 1984; a n d 2 ) A n i n t e r n a l Fthway hP located from the front of the be to the pathway to h e b u i l t along Flying Cloud Drive, with another internal pathway con n e c t i o n f r o m t h e soullswst (r)raer of the property, through the site to the in t e r n a l s i d e w a l k system of the property. lorjosen stated that he felt, if the plan changed substantially, the propnuent sbould be required to return to the Planning Com m i s s i o n a n d C i t y Coun(H1 for additional review. Torjesen stated that he f e l t i t s h o u l d b e cle;-x to tlie proponen1s that the Planning Commissicn w a s m a k i n g a recomendaiion on a specific plan. For example, any cr. a n g c w i t h i n t h e strarkire afiecting thin availability of paring i.ouA req u i r e a d d i t i o n a l rovieo by the Commission and founcil. Other CwInissiouers c o n c u r r e d . Gartner stated that she felt alv 'axtra" parking spaces s h o u l d b e l e f t a s greon sparc', with the areas dasinnated as proof of parkin g f o r t h e c u r r e n t plan. Hallett 09reed. Motion rarried--5-0-0 D Digigraphics CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-294 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Nnicipiil Plan ("Plan"); and, WHLREAS, the Plan has been submitted to the Metropolitan Council for relew and cociaent; and, WHEREAS, the proposal of Digigraphics Systems, Inc., for development of a corporat headquarters for office, research, assembly, and storage uses requires the ar iidn of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, nift:sota, hclel .,y proposes the amendment of the Plan as follows: approximately 5.75 acres located in the northeast quadrant of Valley View Road and Highway #169 be miTdified from Di lice to Industrial. AHOPIED by the City Council of Eden Prairie this 6th day of November, 1984. Wolfgang H. Penzel, Mayor Ai EST: ilohn C. franc.; City Clod: Perks, lice reat ion and 4slatura 1 RN ..ources. COM1111 SS i0r1 I;ob Lamliert , Director of' Cerium ty Service s I T A L - Nortaillier 1, 1984 Supplementary Staff Report to the October 2 6 , 1 9 8 4 P l a n n i n g Staff Report Regarding hi pi lite Parks, llecreat ion anci Natural l;,.isour c e s C c a m i l i s s i o n s h o u l d r e v i e w t h i s v.i.a 1 in reg.ird.s to several censiiler;:tions : 1. orelzuld ftruni:enmit Ordinance 2. Peite.,,trian Syst (in 11 and 'Frail Corridors 3. Vegetal ion Remov,-il and Preservation 4, I:elation of the St to to the City Pork a n d O p e n S y m c e P r o p e r t y 59151 'tI)!,;.\ cd 0i1111 NANCE Pape 3 of the OiTt ober 32 Planning Staff R e p o r t o u t l i n e s h o w t h i s s i t e i s a f f e c t e d by 1 0he illoreland i.mnapeiaont regnlat ions . Mt aclipa-int A of that report indi cat es thala ir' inn of tly‘. building en. ('00.1011 -che sc.:bac:I: roeS . Since that report 1:;:ti written, the develop ( r r e d u c e d t h e s i 7 . c o f t h e b u i l d - ing sl 1,11 ly; lan‘ever, between 40 and 70 f e e t o f the rOt end of the building still i wi thin the I setback fren the eent ine of Nine,lti e Creek. lit the October 76 slat': , the Planning Staff I oIl 'i to that they f e e l l i t e e n c r o a c h - Ment the 0301 1110 of ho building is mit ega ed 11 ..0 fact that there is no eneroacImical 01 bui d within approximat ivy :).00' of Nine-Mi le C r e e k t o t h e n o r t h . 10 let, :ipproxir,at elyII nf coynci- uf the north side of the buildng, ust east of the tint otway, ("101) 011101. into the 150' setbeek and the w e s t s i d e o f t h e fl‘vdY, on the north side of the 1mi:din g , i s r i g h t i t t h e 1 8 0 ' s e t b a c k . Tht!'• 10.3 dcl Ct 1:11“1 in very di f 11(.1111 i levelop ii hoot encroaching into the let bat 1, due to the al ignment of the (-reed threnr.h it o. The det"toPer ho i 11,1 to a pre .cre.i 1 on ;:1e0 f opproN ir.:11c1y hal if the Ole I oca led on the north and east side of the street • This pre ' . e r v a t 0 1 [ 1 ( 1 0 w i l l g o a l o n g w a y owa ilia int i lying he 0.1tur:11 corr 1101 appearance of thi s sect ion of th e c r e e k , and shonld lie the nIt ona e for :it I h e . en,:ro..chrient into the shareland setimed on the wei“ side of the cre e l,. T15 .11 f. :,;11 91111 1 `,5 118 The 0e1' H1C1 11,e , 1 1 1•11)).1 :,1'.t 10 (0')',' 101,11 .1 5' con, ve t on the Lmst side of tIm :Hilo:all. 1,7111 tile tt:.htt t'1 1 1 preVt0S ,-'ti tle CoH!.1...iiiII !rvvi, also reci ,ixiiond :!0' wide public 1101 casement throo0 IIn na: th and ca. .1 of c'ilte.-I-111c Creel, t 11111 . w i l l a l l o t , t o h o l l a w the el. e l l, Cloud Itr; ve 20610 south ;u (;t Valley View road, and eventually down to Smetana La k e . VECETATION RliMOVAL AND PRESERVATION The October 21 , Planning Staff Repc.)rt outlines the fact that there are 356 tre e s exce!-,!•, of 12" on the entire site; 104 will be saved. The 52 trees t h a t w i l l be rciioced Will he replaced by 153 trees ; total 1 leg 521 cal i p e r i n c h e s . T h i s replacc;,ent far exceeds the normal requirement for a site of th i s s i z e , a n d 2,honld ptovide an adequate transition from the ercek corridor to the dev e l o p e d 15)51 ion of the site. RELATION OE THE SITE TO PARK AND OPEN SPACE PROpiAm, The City own!, ireporty that abuts the eastern 750 along the south p r o p e r t y o f .I inc of this site. This property was donated to the City for p a r k a n d o p e n s p a c e purpvie:. and preservation of the creek corridor. The preservation area along the creek, to the north as proposed in this property, will provide a continuous wo o d e d natural charactur to the creek valley. CA'A PAU FEES The develo;,er pay the appropriate cash park fee based on 5.75 acres that is twin re .;.oned prior to issuance of building permit. The Col....unity Scivices Department recor.':mends approval of the Com p r e h e n s i v e G u i d e ylan tlruve ft om office to industrial, approval of the Planned Uni t . D e v e l o p m e n t District Review Amendment, with variances, and reconin:?, from R u r a l t o 1 - 2 P a r k for 5.75 acres subject to the October 26, 19S‘t Planning Staff Re p o r t a n d t h e dd itona I recol:t,encla t ions of this November 1 Community be ices Stipp] "sent try Report. I ,V1 -4....) •-;) PROPOSF.D SITE -VI /..%) `k& PUB K f , (_( NrIr t r I -- TO. FRCY :t: DATE) PROJECT: RfflUtST: Panning Comnission Chris roger, Director of Planning October 26, 1984 Digigraphics Nnrtheast quadrant of Valley View Road and Highway f169 Welsh Construction 1. Comprehensive Guide Plan Change from Office to Industrial for 5.75 acres. 2. Planned Unit Development District Review Amendment for 60 acres with a variance for encroachment into the Shoreland Management setback from Nine-Mile Creek. 3. Rezoning from Rural to 1-2 Park District Cor 5.75 acres to allow construction of a office, manufacturing, and warehouse building of 76,482 square feet. _ The P1,..,w)in:! reviewed the p-x:owsl at the October 15, Fq, op. The Planning Rev 1 -•tn,0-R1 the Project to the rrvi...ion so that the ow uuld ydvsiCively fit to the site. The P l ft ii içi Lad concerns with the ft T f trrrs to be rcr.ovea 01 Ittp .-0.1t.h half of the site. ...al IT- cHy in which thn hilidlip lei e' Cia f..r.,ek and to the !.! Mere WaS developcqr for i;n 10 t!;t , lognt l y Hu Shoreland oi ;h.:. City (ode. A r. rx Ds a n rr-o. 2 October 26, 1984 vi a The1. 1 as provided an additional tree inventory of trees in excess of twelve inOws is dinnnec occuring on the north half of the property which indicates that the alna nerth and past of Nine-Mile Creek will he preservation area with a co wI 11w nani:innt filed on the plat. The inventory of major trees in this area shows that /8 trees in excess of twelve inches in diamnter will be saved. The prenon ,mt alo indicates that south of the creek, approximately 52 trees in excess of b;(,lve in diameter will be removed of 78 encoring south of the creek. Therninre, el the total of approximately 156 trees in excess of 12 inches, 104 will be stvyt. The f:2 trons to be removed total approximately 1,000 caliper inches and the dovnleper has provided a plan to replace these trees inch per inch to the extent that thnrn is area on the site to accorraodate the roplaccnent trees. The dnvolnn-r h;,s provided a revised landscaping plan which illustrates 153 trees to renlan th-H hnt. are to be removed, totalling 521 caliper inches of new trees. Staff has reviewed this proposed landscaping plan, and Oile it may be possible to crowd r.iorn inns dround the perimeter of the parking, it does not S(.'2M necessary in order to pre.lide a transition from Nine-Mile Creek to the developed portion of the site. It we torn: the City's landscape policy of providing one, 2-1/2-inch caliper tree for every n -nT snnare feet of building area, 95, 2-1/2-inch trees would have to be prnvied. ihis would translate to 237 caliper inches of trees that would normily hn ruirnd on a commercial industrial site. liven if the Staff were to discn,n1t si n: of the smLller stock trees that are plannPd on the site, we can easily inA I./n..11 of 1145 caliper inches, which in itself, would he 70 per cent '.hnve ntnn,a1 City landscaping requirement. The 521 inches, totalled by Welh, ever 100 per cent above the normal requirement fern site of this 5170. 1;H:1 nn a proportionate basis, with tee Data, this approach to repl.n.inn,!d. 0: rc‘cn, (nIns provide an adequate transition from Nine-Mile Creek to the devnInvnl nnrion of this site and would significantly supplement. the approximate five ncre ,., it c,,nservatien area north and east of Nine-Mile Creek. The i hn snal1 the 1;n t LI Ni..-r-Mft . The r, sUpieg ire Ii v Iii' ill, i . 1111! !1:1Y1(!i elevAio,Ii t Ordinance requires that all buildings in the Industrial ):11 of 150 feet from the centerline of the crock. There is a •nt on the east side of the building, however, this is mitigated by os encroachment or building within approximately 200 feet of , to the north. on the site have been reduced significantly and the grade Ninn-Mile Creek from the parking lot has been reduced from an ?./1 slope to 4/1 and 5/1 slopes. nich ',ern originally proposed to wrap partially around the east nit lin fairly visible from portions of Nine-Mile Creek have now oly to the south side of the building and the office portion m i n tort tier around the east and southeast ends of the arca ,1 previously designated for dock high loadi ng d oors , -n redneed in square footaoe from 72,120 to 76,48? and the l'Asically II? fret in dim..nsion to 10? in di me nsion to allow building. This Iws allnwnd preservation of some 'voild the original concept. +n , ,,it as a brick :Ind glass building on the west, north, and east con._Tetim block on the south elevation. The mechanical equipment Digigrdphics 3 October 26, 1984 should be screened with a material architecturally integral to the building. SkMARY The proprnont has responded to the Planning Dvirnission's concern regarding specific trei;Ignt of the site through revisions to the plan and additional landscaping and provision of information which shows a significaot preservation of trees north and east of Nine-Mile Creek. Since this same policy of tree replacemcult was used with the fee Data project, it would seem a. valid approach for this property. The Planning Cumaission may wish to chose from one of the follcwing alternatives on this project.. A. Pecw1lend approval of the Comprehensive Guide Plan Change from Office to Industrial approval of the P1 armed Unit Development District Review [e dit, with variances, and rezoning from Rural to 1-2 Park for 5.75 acres subject to the following. 1. Revised plans submitted for the October 29, 1934, Planning Ccomission reeling dated September 12, 1984, with revisions to be datod October 26, 1934. 2. The area north and east of Nine-Mile Creek shall be either dedicated to the City or preserved in an conservation easement to be granted to the City of Eden Prairie prior to second reading. 3. Prior to grading, a construction limit snow fence must be established around the wooded areas of the site to preserve trees represented as being saved. Any trees lost during the construction process proposed as being saved in the current plan must he replaced on sitn through a calipor inch per caliper inch replacement. City and Watershed District must be advised 18 hours prior to grading. 4. All wechancial equipent is to be screened with a material intrically related to the building. 5. All parking and loading areas must he screened from public roads and differing adjacent land use. 6. Nine-Mile Creek should he protected from erosion during and after cnnstreetion ani: the graded adjacent to the creek must be cmpletely rstored and revegetatod. 7. Provision of details of the cull it structure to to Nine-Mile Creek to he roviewed by City inqineer. p. The proja ..t could be approved as currently peoposed. The project could be refueled to the preponent for further revision. Planniny Cowrission Midhiel D. Franzen, Senior Planner Chris foyer, Director of Planning peir. October 12, 1984 .1T03Lq: Diyigraphics Northeast quadrant of Valley Viow Hood arid Highway #169 faTIICT/ Ilk M,„: lIchh Construction II )IIHI: 1. Zoning District Change from Cemercial Regional to I-2 Park. •Backoro3n1 lb i wi a (Oil hit 8) is part of a 60 -acre PI•olnori Unit. Development, vtuiy aa'c wd by the Planning !-nbru3;-y, 1004. This sito r.r.opowd under the Plnned Unit P's'oo3:.,iit for an Office/- Indoridl tn , For appro;:iplately /0,010 r3;03ro f ait of loud my area. Thn Cd,p13133 ,sive Guide Plan in- dicot3, 01. irc ow for this site. Of lho (Y.'. a, it Ridge site, only eldvoo u ;:3rn approved for a Cowc3h3n3ive t-,nidH Plan Change-- OutIol A etch Site 1. Th2 propononts did not r),:on.,t a Cop .orehensive (iok:o Plan Chon ,[2,e for Out lot D at th:11. icc, incn smiat.ific site ds'vniny:;..nt. plow-, had not linen poTorcd. A Pl e n d Halt Develop- wnt. do..H.13tion for off ice/- ii a rcqnostod and though by thn Cc:::-micion, was arprovedlv I ta City Council. The pro,,,,nent will return at the October 11 5 Sal ng with a re(:npst for (7F3iiVe Guide Plan Ch:tmlo, Tho nxi3tW:chicchJ3•actor c3o host c33 i IL3nHtiono1 area 1:1 Nine rile cr,ok. Nino bIll Crec ila3:3 in a noiih-31nrly Digigraphics 2 October 12, 1984 direction around the perimeter of the site. Adjancent to the creek, is lowland vegetation inCluding birch, elm, aspoo, poplar, and other lowland shrubs. As the land gets higher, away from the creek, there is upland vegetation, consisting primarily of haldwoods, with oak as the dominant species. On this site, there are three specific areas of oak concertrotioo. The northwest corner of the site adjacent to proposed Flyino Cloud Crive, the central portion on a wooded knoll, and the northeast corner of the site. A total of Y8 oak trees of 12-inch caliper size, or greater, are located on-site. There are many oak trees of between 30-inch and 35- inch caliper. The Planning and Engineering Staffs made a walking tour of this site and found the site to be mostly wooded. The site slopes in a westerly to easterly direction from a high point at approximately elevation 890, to a low point adjacent to Nine Mile Creek at elevation 840. In general terms, the site could be described as flat to gently rolling, with the higher portions of the site adjacent to Flying Cloud Drive. Land Use When the Planned Unit Development Concept was being considered at the Planning Comeiission, there was considerable discussion as to what would be the most appropriate laad use for this site. Previous Staff Reports expressed reservations relative to the inclusion of Ootlot D as a future industrial facility since specific plans, for future development relative to grading, site planning, and architecture, were WA ideetiHed. lb addition, the location of Outlet 0, adjacent to Nine mile Creek in the lowlaod area provided a unique natural amenity more conducive to office development rather than a large scale industrial development. Land rice designations on a particular parcel of land are often determined by location, surroundino land uses, and existing site conditions. Lee Data to the north and thp Vantage properties to the south are planned for a considerable amount of office use. The Wilson Ridge Rosiness Campus ens proposed primarily as an office park. The local ion of this property, with proximity to Flying Cloud Drive on Hiqheay 0-69 , mdes this site easily accessible to roads which can accommodate a significant amount of traffic, typically associated with office developments. The natural Idy of the ldnd soegests that doe to the sloping of the property from a high point adjacent lo tlying Cloud Drive towards Nine Mile Creek, an office use may be more appropriate. This becomes even one apparent, given the total number of twelve-inch ealirdr oak trees on site, aod Lne extent of massing they make up on the property. lhere are open space and buildable areas, which could be used for building developeent in such a way that the unique natural features could be retaind. Nine Mi;e Crook alsr offers pldiv,ino Vi04S for workers in an office park. The natural features of the land would seooPst a multi-story office building because of th.! doveleprit ;Imitations of the property. Pi n The situ plan involves the comlruction of a 78,120 square foot office, manufdtiorine, drd warehouse buildino. There is a two-story office element planned in HI , nJetrv.ett corner of the heildino. adjacent to Flyioo Cloud Drive. AporoeioJtely 35,(tII) scolare feet, or /II , pec coot of the building, is proposed for offite !,-1P at of the site will he intensely dpveloped, with the balance of If Ion acre site dovoIed as a scenic easement in order to protect wildlife, veoetotion, and inteority of Nine Mile Creek. Digigraphics 2 October 12, 1984 direction around the perimeter of the site. Adjancent to the creek, is lowland vegetaJon including birch, elm, aspen, poplar, and other lowland shrubs. As the land eets higher, away from the creek, there is upland vegetation, consisting primarily of hardwoods, with oak as the derrioant species. On this site, there are three specific areas of oak concentration. The northwest corner of the site adjacent to proposed Flying Cloud Drive, the central portion on a wooded knoll, and the northeast corner of the site. A total of if; oak trees of 12-inch caliper size, or greatdoi, are located on-site. There are many yak trees of between 30-inch and 36- inch caliper. The Planning and Engineering Staffs made a walking tour of this site and found the site to be mostly wooded. The site slopes in a westerly to easterly direction from a high point at approximately elevation 890, to a low point adjacent to Nine Mile Creek at elevation tei0. In general terms, the site could be described as flat to gently rolling, with the higher portions of the site adjacent to Flying Cloud Drive. Land Use When the Planned Unit Development Concept was being considered at the Planning Cormission, there was considerable discussion as to Oat would be the most appropriate land use for this site. Previous Staff Reports expressed reservations relative to the inclusion of Outlot D as a future industrial facility since specific plans, for future development relative to grading, site planning, and architecture, were not identified. In addition, the location of Cutlet 0, adjacent to [lice Mile Creek in the lowland area provided a unique natural amenity more conducive to office development rather than a large scale industrial development. Land use designations on a particular parcel of land are often determined by location, serroending land uses, and existing site conditio1s. Lee Data to the north aed the Vantage properties to the south arc planned for a considerable amount of office use. 11-ie Wilson Ridge Business Campus was proposed primarily. as an office park. The location of this property, with proximity to Flying Cloud Drive on Miebuoy ;':I69. makes this site easily accessible to roads which can accomodate a significant - amnunt of traffic, typically essociated with office developments. The natural lay of the laud suggests that due ID the sloping of the property from a high point adjacent it flying Cloud Drive towards Nine Nilo Creek, an office use may be more appropriate. This becomes even mare apparent, given the total number of twelve-inch caliper oak trees on- site, and the intent of massing they make up on the property. There are ifeen space and buildedfle areas, which could be used for building development in such a way that Ole unique natural features could be retained. Nine Wile Creek also offers pleasing views for workers in an office park. The dalural feetures of the land would sufg.v.:1 a multi-story office building because of the developmeoi limitations of the property. Site P1--n The site plan involves the consiTuLtion of a 78,120 square foot office, manotec!forine, :did warehouse building. Thre is a two-story office element planned in the nor:iwest career of the buildine, adjacent to Flying Cloud Drive. Apprexiimiely 3f,Of0 sedare feet, or lib per ceef of the building, is proposed for usago. Approxieel:dly S-3/f atees of the site will be intensely developed, with the balance of I s todeoicre site devoted as a scenic easement in order to protect wildlife, veedlaice, dnd integrity of Nine Mile Creek. i1,1 0;0u] dohics 3 October 12, 1984 The sme is being developed at an overall floor area ratio of approximately 15 per cent, led upon approxiemtely 10.83 acres of land. Floor area ratio based upon 5.5 asres cf dcv(ilepal>le land, is 0.30. A large buildirg footprint and expanse of hard surface area suggest that this site is being very intensely developed. "ark ion For a building of this size, based upon the proponents breakdown of office, manufacturing, and warehouse usage, a total of 234 parking spaces would be required. Ito prupeNent is providing for 223 parking spaces. There is adequate space availa5le for the eleven additional spaces required. Manacjement Reculations Since tha property is adjacent to Nine Mile Creek, provisions of the Shoreland kanaument Ordinance will apply to all land within 300 feet of the Normal Ordinary high Rater mark of the creek. This means that the majority of this site falls under Shorelaad regulations. Since Nine Mile Creek is designated as a General Development Rater, the -stllowing regulations will apply: the minimum lot size must be five acres; thai minimum width at the building line must he 150 feat; the minimum width at the Ordicary High Water Mark must be 150 feet; and the minimum setback from the Ordinary High Water ?dark must he 150 feet. Attachment A indicates tha amount of the Imildliah chit!: eacreachos into the 150-foot Shoreland stiback requirement. Parking is permitted within the 150-foot setback area to a minimum of 50 feet from the high water mark of the creek, provided the parking is done in a sensitive way that ihisihets. Cradinq A eow,Herahle amount of site grading work is proposed. The higher elevations of the site will bc cut to fill the lower areas of the site adjacent to Nine Mile Creek, the buildlsig floor elevation and proposed grades on site means that 75 per cent of the exkting oak trees on the developable petition of the site will he lost due to &ocloPc ,'nt. To develop a grading plan, with minimal tree loss would require that th bchldihg be choncjed in concept to provide either a reduction in building sguara fo..,toge, or a smaller building footprint, which would allow for more areas of the sile hi rcmain as natural open space. In addition, a different configuration of the building, parnaps wrapping around the central oak -wooded knoll, would also retain more trees on site. Prepelogt show 160 and 110-foot long retaining walls along the oast property line, aich vary hetwoon four and fourteen feet in height. Ihe retaining walls are propeed in order to provide enough room for manueverine of loading vehicles behind the hoilditel, and to provide room for site access. A 180-foot retaining wall is prepoihid along fhP west property line between four to eight feet in height to provide r1 for parking and to save trees. Since a col6idarable amount of cut is propes ,:j helr the!4, oak trees, Staff expects that thPse trees will not survive for a 9,Th q len:h of 1 slate a good portion of the roo -,.!, will he removed. The use of the rehiHml 1 sug,:estt, lit the site plan ho to ti0t. An alternative tehiliot nd qrating plan, may eliminate the need for the retaining wall. Digipraphics 4 October 12, 1984 Utilti San:er end water service can he provided to this site by connection to future sewer and water lines in Flying Cloud Drive. A storm water run-off plan has been submitted, which directs the majority of the stoma wit-r run-oft toward two outlets adjacent to Nine Mile Creek. It will be extrcmaly important that the detdils for the outlet controls are designed in a sensitive maoner, which will not adversely impact the creek in a visual way, and, also, to provide for an appropriate amount of erosion and siltation control such that water will be as clean as possible when it enters the creek. The proponent should provide a detailed storm water run-off plan for review by the City Engineer. The landscape plan denotes the extent of existing wooded vegetation to be retained. lhe majority of the existing natural vegetation to be saved, will be within the scenic easement, on the opposite side of Nine Milo Creek. There will still be subatantial oak tree loss in the developable portions of the site. Proposed plantings are at minimum size. Given the silt: of the building and the extent of Lardasurfated area coverage, Staff suggests that the planting materials be increased in size to break op the hard-surfaced areas and for hatter scale with the building. Parting aeeas will he visible from Nine Mile Crook and it. will be important that plantings be of sufficient size and depth to provide for screening. Staff rocomanids that the proposed plantings be supplemented with indigenous plant material to provide for appropriate transition from the lowland vegetation, adjacent to the croak, to the upland vegetation proposed, as part of the landscape plan. This is a similar approach to lowland planting design that . was used on the Ryan Office Building on Highway t5, in which Staff had recommended that substantial lowland vegetation he planted as a transitional element, to include poplar, ash, cranberry, and dogwood varieties. The use of indigenous materials would help the hui lb iriq and parking areas blend into the natural site. Parting areas will be visible fro:n Flying Cloud 11CO,T, since the roadway is approximately 15 feet above mast parking areas. Additional coniferous plantings within the front yard setback would help provide for more effective screening. Architte ,nre The building is proposed to be constructed primarily of mason-laid face brick and glass for the office area:, which will be visible from Nine Mile Crook and Flying Cloud Drive. building elevat ions for the roar portions of the building have not been provided at this time; however, Welsh buildings have used a different, but compatible huilding material. The proposed buildinn is long and linear. A small portion of the building will he a two-story elemant, which provides for an iFri eresting vertical relief for a portion of the building facing Flying Cloud Drive. Additional maltiple story elamenta on other portiohs of the building would help hr -eat up tic- overall linear nature of the hdilding. Cnn, The exist tea nattoal conditions of the .ito snanest appropriate buildable areas. It also itIntif Hs areas vdlich n We worthy of prosarvatioa, such a: Nino Mile Creek, and tLo (1:11, trees on site. The largo building foatprint and extent. of on-larao nalking wetts contrary to the natatral features of the site. Approximately 2ri'?;," Digigraphics 5 October 12, 1984 25 per cent of the oak trees will remain, and the site is being leveled to accorsiodaie the large building footprint. There are alternative ways of developing this site in a' sensitive way, which might include a reduction in total square footage, a different configuration of the building, •or a smaller building footprint. Previous Staff Reports prepared at the time of Planned Unit Development Review of this area suogested that this site would be most appropriately developed for an office use because of the unique natural features and proximity to Nine Mile Creek. The prcponent is treating a portion of the site in a sensitive way by providing for a scenic easement across nearly half of the site. The developable portion of the site is being developed too intensely since there is considerable tree loss, massive grading, and extensive use of retaining walls. The building has an office appearance adjacent to Nine Mile Creek; however, the buildieg form would benefit from additional two-story elements, which would help break up the overall length of the building. Portions of the loading facilities would also be visible from Nine Mile Creek in the northeast corner of the site. A different building configuration, which eliminates the loading facilities, or a screening of these facilities, will be necessary. Staff would recommend the development plans be returned to the proponent for revisions based on the following site developmeet guidelines: 1. Apply for a Comprehensive Guide Plan change and provision of a narrative with supportive documentation for such a change. 2. The majority of oak trees on site should be saved. . 3. The landscape plan should be modified to include additional coniferous trees to screen parking areas from Flying Cloud Drive, and additional indigenous lowland vegetation to provide a transitional area between Nine Mile Creek and the developable area on site. 4. Minimization of the use of retaining walls on site. 5. Modification of the building form to break up the overall length of the building with additional stories. 6. Compliance with all requirements of the Shoreland Management Ordinance. 7. Provision of details of the outlet structures into Purgatory Creek for review by the City Engineer. lir . , "; in - ,.-- ( (1/1 --;f-) , I i / , ' f i , 1..rtegELAND 'ar-T:Sise-r< n •• A ST CENTER OF CREEK \\ I! ,...---------:---1-__ 1 ..... ...----------11 -- ------,,,‘' ‘,`? 4, ,i5. 1 r7',.. ( -`••.,k • , , , .c r ., •N 7,------..,„, , ' i ., ''-•,,, tnS' •, I : t"--", ,t 71 t'' ., i. /,' ', -. li ':: :1 i,•:--- 1 t1c ,,,n,,,i - ' ' V f ---.; 'l n A," rsr, A nth. Ir• nt AM Planning Connission Minutes 11 October 15, 1984 D. DIGIGRAPHICS SYSTEMS CORPORATION, by Welsh Construction. Request for Planned Unit Development District Amendment of 60.85 acres and Zoning District Change from Rural to I-2 for 5.75 acres for a corporate headquarters, office, research, assembly, storage facility. Location: Northeast quadrant of Valley View Road and Highway #169. A public hearing. Mr. Dennis Doyle, Welsh Construction, reviewed the site plan with the Planning Commission in context with the overall Wilson Ridge Planned Unit Development, explaining how it fit within the approved plan. Mr. Paul Dunn, Welsh Construction, reviewed specific details of the proposed site plan with the Planning Commission. Mr. Dunn stated that they had reviewed this site and its potential as an office site against several factors. It had been their conclusion that the site was not best suited for a strictly office use based upon several factors including: 1. Premiere office sites enjoy good access. This site is not easily accessed. 2. Premiere office sites generally require good visibility. This site is located back away from the Highway Q69 visibility and is not in clear vision of Valley View Road due to forestation of the property. 3. Office sites are generally located near other office sites. This land use would be surrounded on the north and east by other industrial uses and on the south by the Enblom property. To the west would be a preservation area. Based upon this, their .211?1 I ;doing Commission Minutes 12 October 15, 1984 conclusion had been that this would not be a site with other similar . land uses surrounding it. 4. Traffic generated by an office building would be higher than that generated by the type of structure proposed for Digigraphics. Mr. Dunn stated that, with these factors in mind, the site had been considered by the Wilson Ridge Joint Venture for a use such as Digigraphics Corporate Headquarters. Mr. Dunn stated that the site was over ten acres in size, and that he felt the amount of preservation area given ought to allow the proponents to cut down some of the trees on this site. He added that it was his understanding that the City could waive the right to restrict the shoreland requirement for the property. Mr. Vince McCondelle, Digigraphics, stated that their building was currently located in Minnetonka. They were an information system business, dealing in microproducts, and circuits. Mr. Darryl Anderson, architect for proponents, reviewed the architectural features of the site with the Planning Commission. Planner Franzen reviewed the findings and recommendations of the October 12, 1984, Staff Report with the Commission. Schuck asked if proponents had considered use of underground parking for the structure. Mr. Dunn responded that the costs of underground parking facilities were prohibited. Schuck stated that he questioned whether this was type of project envisioned with the approvals of the original Planned Unit Development for the Wilson Ridge Joint Venture property. He stated that plans shown, in his opinion, did not provide justification for as much tree removal and loss of natural features as requested by the proponents. Chairman Bearman asked how many acres within the City were available for industrial development of the type proposed by Digigraphics. Staff responded that it would be between 300 to 400 acres worth of property. r'earman asked if this project met the criteria and concerns regarding Outlot D of the Wilson Ridge Planned Unit Development. He added that he felt the project was too large for the site and overpowered the site features. Chairman Dearman stated that he felt the site needed to be treated with more sensitivity due to the natural features inherant to the property. Schuck stated that he knew Digigraphics was a growing company and that, even though they were only using a portion of the building at this time, the potential for growing into the remainder of the building was likely good. Ho,..ever, he added that he felt it would be difficult fur the Comnission to approve the remainder of the building en a speculative basis without knowing more details involving the eventual needs of Digigraphics. Torjesen stated that Staff had im ,ntioa.,,,t in their report several ways in whi,-h this building cool.' be alteroj to preserve more trees on the site. Nr. Dunn stated that he felt the site OAS to treed for purposes of kyle ii; it to its hinhest and best use. Planner tinier sungested that an appl'opriate alternotive For th:!h i thang as corrently proposed woold be to trod the site such the saw: as the tee Data site. Lee Data, he explained, 2 11 Plaoo,n9 Commission Minutes 13 October 15, 1984 had removed a wooded knoll because they were unable to accommodate it in their . site plan; however, they had replaced the existing trees of over twelve inches in diameter, caliper inch for caliper inch, with new trees of smaller diameter throughout the site. Planner Enger stated that perhaps proponents could plant more natural vegetation towards the direction of the creek to make the building blend in more with the natural site features. He also suggested that the loading docks could be decreased in number and better screened. Hallett stated that he would like to see proponents work something out which would be less dense and which would save more trees. Torjesen stated that the natural features of the site seem to indicate that this particular use and design of structure for this site was inappropriate. Chairman Beaman stated that he felt the City needed to be cautious in consideration of the use for this site in that should the site turn into a more office-type use with the expansion of Digigraphics, or another user, the amount of space needed for parking would increase to five spaces per 1,000 gross square feet of floor area. Mr. McConnelle stated that he did agree with many of the suggestions and observations of the Staff and the Planning Commission. He stated that he would he willing to spend time with Staff to work out the questions of redesign and preservation further. Torjescn stated that perhaps it would not be in the City's best interest to allow development of sites such as this with so many features requiring preservation. Hallett stated that he felt the site was too densely developed. Schuck stated that he felt this was an excellent site and should be treated with More sensitivity. Torjesen stated that he felt proponents should explore alternative methods of dcveloping the site without as much grading and tree cutting. Schuck stated that the City, in his opinion, was trying to be careful about monitoring development and to make certain it would be appropriate not only now, but in the future for Eden Prairie. he stated that he felt there were many other places in the ceimnity for the small business to find rental areas and therefore, the Digigraphics proposal for rental units may be inappropriate in this location. Chairman Beaman asked if Diqi7raphicis felt the multiple tenant of their site and building plan was necessary at this time. Mr. Peter Inblcmi, 10610 011ey View Road, stated that many of the trees had alroady heon remov al from tie site. P0 stated that he swtild like to see the sine of the building diminished. N I% Pen lmt,lrn , ]Oh10 Valley Vivi.' Pitt, stated that he felt as many tries as possit,lc :didald be saved. iie statoit that ho did not have any difficulty at 1 !ming Commission Minutes 14 October 15, 1984 all with the type of use proposed, but felt that preservation of the treed area and the Nine-Mile Creek area should be a foremost concern. MOTION: Motion was made by Torjesen, seconded by Gartner, to continue the public hearing to the October 29, 1984, Special Planning Commission meeting to allow proponent to revise the plans according to the recommendations of the Staff Report of October 12, 1984, and the recomnendations of the Planning Comnission from the October 15, 1984, Planning Conmission. Motion carried--6-0-0 was not all in use as office. lhe t.irufmres hid been designed with TO: Mayor and City Council FROM: John Franc, Finance Director DATE: November 2, 1984 RE: Preliminary Approval on IDB's Autumn Projects (Digigraphics) - $3,800,000 - Resolution No. 84-303 This project was heard earlier on the agenda. Digigraphics intends to initially occupy about 54% of the building. The project will be owned by Dennis Doyle and George Welsh and leased to Digigraphics and others. The partners expect to have 15 to 20% equity. Resolution No. 84-303 is attached for your consideration. This resolution does not allocate any of the citv's "cap" in 1984 or any year thereafter. CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing I. APPLICANT: a. Business Name - Autumn Properties b. Business Address - 11200 West 78th Street, Eden Prairie, Minnesota c. Business Form (corporation, partnership, sole proprietorship, etc.) - Partnership d. State of Incorporation or ogranization - Minnesota e. Authorized Representative - Dennis J. Doyle f. Phone - (612) 944-5810 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Dennis J. Doyle Randall Avenue St. Louis Park, Minnesota b. George Welsh Eden Prairie, Minnesota 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC. Real estate developer, owner, property manager, broker, and contractor. 4. DESCRIPTION OF PROJECT 78,500+ square feet office/warehouse headquarters/research facility for Digioraphics Systems Corp. with excess space to be occupied by other busi- nesses until Digigraphics grows into the whole building. a. Location and intended use: 7277 Flying Could Drive - Outlot E - Wilson Ridge Business Campus. Use - office, research, storage of businesses. b. Present ownership of project site: Wilson Ridge Joint Venture. C. Names and address of architect, engineer, and general contrator: Architect: The Design Partnership 124 North First Street Minneapolis, Minnesota Engineer: J.A. Jameson Associates 905 Jefferson Avenue St. Paul, MN 55102 General Contractor: Welsh Construction Corp. 11200 West 78th Street Eden Prairie, MN 55344 5. ESTIMATED PROJECT COST FOR: Land Construction Contracts Equipment Acquisition & Installation Architectural and Engineering Legal Interest during Construction Bond Reserve Contingencies Loan Fees Other Total $ 650,000 2,741,000 49,000 30,000 70,000 90,000 120,000 50,000 $ 3,800,000 * Heating and air conditioning should be included as building costs. Indicate the kind of equipment to be acquired here. 6. BOND ISSUE a. Amount of proposed bond issue - $3,800,000 b. Proposed date of sale of bond - 12/1/84 c. Length of bond issue and proposed maturities - 30 year term, with "call provision" in 10 years. d. Proposed original purchaser of bonds - Unionmutual Life Insurance Company. e. Name and address of suggested trustee - Unionmutual Life Insurance Co. 2211 Congress Street Portland, ME 04122 f. Copy of any agreement between Applicant and original purchaser - N/A h. Descrihe nature and amount of any permanent financing in addition to bond financing - None. -2- 2 q BUSINESS PROFILE - Vista Properties is a partnership associated with the principals of Welsh Construction Corp. and Welsh Companies, Inc. Information below relates generally to Welsh. a. Are you located in the City of Eden Prairie? Yes b. Number of employees in Eden Prairie? 30+' i. Before this project: 30+ ii. After this project? Approximately 200 permanent jobs will be created by this project, all new to Eden Prairie. c. Approximate annual sales - $20 million + d. Length of time in business: 7 years In Eden Prairie: 1 year e. Do you have plants in other locations? If so, where? Welsh relocated to Eden Prairie from Edina in December, 1983. Digigraphics is currently located in Minnetonka and Bloomington and will consolidate all operations in Eden Prairie upon completion of this project. f. Are you engaged in international trade: No, Welsh is not. Digi- graphics will be engaged in international trade. 8. 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 "related person' within the meaning of Section 103(b)(6) of the Internal Revenue Code: Office Buildings 11200 West 78th Street * 11000 West 78th Street Eden Prairie, MN Bryant Lake Business Center Market Place Drive Edon Prairie, MN * Only project financed with I.D.R. Bonds. -3- b. List all cities in which the Applicant has requested industrial revenue development financing. Eden Prairie c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. None. d. List ally city in which the Applicant has been refused industrial reve- nue financing. None. e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None. f. If Application has been denied industrial development revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. N/A 9. NAMES AND ADDRESS OF: a. Underwriter (If public offering). N/A b. Private Placement Purchaser (If private placement) Unionmutual Life Insurance Co. 2211 Congress Street Portland, Maine i. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the.Commissioner of Securities. See attached letter. c. Bond Counsel - Dorsey and Whitney First Bank Place East ATTN: Jerry Mahoney d. Corporate Counsel - Steve Davis 4114 IDS Center Minneapolis, Minnesota e. Accountant - Mel Harris 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - 11/21/84 b. Construction completion - 5/1/84 -4- ORTHilk INFORMATION CONTACT: ire undersigned Applicant understands that the approval o r d i s a p p r o v a l b y t h e City of Eden Prairie for Industrial Development bond f i n a n c i n g d o e s n o t expresOy or impliedly constitute any approval, var i a n c e , o r w a i v e r o f a n y p r o - vision or requirement relating to any zo n i n g , b u i l d i n g , o r o t h e r r u l e o r o r d i - nance of the City of Eden Prairie, or any other l a w a p p l i c a b l e t o t h e p r o p e r t y included in this project. 11. ZONING - TO BE COMPLETED BY THE CITY PLAN N I N G D E P A R T M E N T a. Property is zoned - b. Present zoning (is) (is not) correct for t h e i n t e n d e d u s e . c. Zoning application received on September 1 1 , 1 9 C 4 f o r 1 - 2 w h i c h i s correct for the intended use. d. Variances required - City Planner -5- RESOLUTION NO. 3o.3 RESOLUTION RELATING TO THE AUTHORIZATION AND ISSUANCE OF REVENUE BONDS OF THE CITY UNDER MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE OF FINANCING A PROJECT THEREUNDER; GIVING PRELIMINARY APPROVAL TO THE PROJECT AND AUTHORIZING AN APPLICATION BY THE CITY TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED by the City Council (the Council) of the City of Eden Prairie, Hennepin County, Minnesota ( t h e City), as follows: Section 1. Recitals. 1.01. The Legislature of the State of Minnesota in Minnesota Statutes, Chapter 474, as amended (the Act ) , h a s found and declared that the welfare of the State req u i r e s active promotion, attraction, encouragement and develo p m e n t o f economically sound industry and commerce through gov e r n m e n t a l acts to prevent, so far as possible, emergence of bl i g h t e d lands and areas of chronic unemployment; has authoriz e d municipalities to issue revenue bonds to finance, in w h o l e o r in part, the cost of the acquisition, construction, reconstruction, improvement and betterment of projects , including any properties, real or personal, used or us e f u l i n connection with a revenue producing enterprise engaged i n a n y business; and has authorized municipalities to enter i n t o "revenue agreements," as defined in the Act, with any p e r s o n , firm, or public or private corporation or federal or s t a t e governmental subdivision or agency (the Contracting Pa r t y ) providing for the payment by the Contracting Party of a m o u n t s sufficient to provide for the prompt payment of princ i p a l o f and interest on the revenue bonds. 1.02. It has been proposed that the City issue its revenue .bonds, pursuant to the authority granted by t h e A c t , i n an aggregate principal amount not to exceed $3,800,00 0 , o r s u c h lesser amount as may be necessary, to finance costs o f acquisition of land within the City and the construct i o n a n d equipping thereon of an approximately 78,000 square f o o t o f f i c e showroom and manufacturing facility (the Project) to b e o w n e d by Autumn Properties, a partnership to be formed unde r t h e l a w s of the State of Minnesota and in which George Welsh a n d D e n n i s Doyle will he general partners (the Borrower) and lea s e d t o Digigraphics Systems Corporation, a Minnesota corpora t i o n , a n d other tenants. The Project is to be located on Outlo t E i n t h e Wilson Ridge Business Campus, 7277 Flying Cloud Driv e , i n t h e 2 (H City. The Borrower will agree to pay the City amounts surficient to pay promptly the principal of and interest on the revenue bonds, and will agree to cause the Project to be completed. 1.03. The City has been advised that conventional, comnercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the scope of the Project or the economic feasibility of operating the Project would be significantly reduced, and that but for the aid of municipal financing, and its resulting low borrowing costs, the Project would not be undertaken. Section 2. Public Hearing. 2.01. As required by Section 474.01, Subdivision 7b, of the Act and Section 103(k) of the Internal Revenue Code of 1954, as amended, this Council held a public hearing on the proposal to undertake and finance the Project. Notice of the time and place of the hearing, stating the general nature of the Project and an estimate of the principal amount of bonds to be issued to finance the Project, was published at least once not less than fifteen (15) days nor more than thirty (30) days before the date fixed for the hearing, in the official newspaper of the City and a newspaper of general circulation of the City. A draft copy of the proposed application to the Minnesota Energy and Economic Development Authority, together with all attachments and exhibits thereto, was available for public inspection following the publication of Such notice at the place and times set forth in the notice. 2.02. All parties who appeared at the public hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. This Council has heard and considered the views expressed at the public hearing, including the written comments, if any, filed with the City Finance Director/Clerk before the date of the hearing, and the information submitted to the City by the Borrower. Section 3. Approvals and Authorizations. 3.01. On the basis of information given the City to date, and the views expressed at the public hearing, it is found and determined that the Project furthers the purposes stated in Section 474.01 of the Act, and that it would be in the best interests of the City to issue its industrial development revenue bonds under the provisions of the Act to fineiicn costs of the Project in an amount not to exceed $3,800,000 (the Bonds). )r) 3.02. The Project and the issuance of the bonds for ich purpose are hereby given preliminary approval, subject to de ,:-,ignation of funds by the City of funds from the City's entitlement allocation pursuant to Minnesota Laws 1984, Chapter 582. The Bonds shall not be issued until the Project has been approved by the Minnesota Energy and Economic Development Authority, as Provided by the Act, and until the City and the Borrower have agreed upon the details of the Bonds and provisions for their payment. 3.03. If the Bonds are issued and sold, the City will enter into a lease, mortgage, direct or installment sale contract, loan agreement, take or pay or similar agreement, secured or unsecured, satisfying the requirements of the Act (the Revenue Agreement) with the Borrower. The amounts payable by the Borrower to the City under the Revenue Agreement will be sufficient to pay the principal cf, interest and redemption Premium, if any, on the Bonds as and when the same shall become due and payable. 3.04. The Borrower has agreed to pay directly or through the City any and all costs incurred by the City in connee;.ion with the Project whether or not. the Project is approved by the Minnesota Energy and Economic Development Authority; whether or not the Project is carried to completion; and whether or not the Bonds or Revenue Agreement and all other operative instruments are executed. 3.05. The adoption of this resolution.does not corn:titute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds or should the City, Borrower or any other parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 3.06. In accordance with the Act, the Mayor and City Finneco Director/Clerk are hereby authorized and directed to nuLmit the proposal for the Project to the Minnesota Energy and Ecen ,Imic Development Authority for approval, The Mayor, City Finance Director/Clerk, City Attorney and other officers, employees and agents of the City, in conjunction with Bond Counnel, are hereby authoricd to provide the Department with any yeciminary information necesry for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project. -3- 3.07. The City will cause the Borrower to comply with all of the provisions of the Act, including Section 474.01, Subdivision 8, thereof, in the issuance of the Bonds and the financing of the Project. 3.08. The City's entitlement allocation for the year 1984, pursuant to the provisions of Minnesota Laws 1984, Chapter 582 (the Act), is $9,239,314, all of which has been previously committed by the City. Consequently, nothing herein shall be construed as obligating the City to provide the Project with any portion of its 1984 entitlement allocation. Further, nothing herein shall be construed as obligating the City to provide an entitlement allocation for any year subsequent to 1984. Additionally, the preliminary approval of the City expressed herein is subject to the condition that on or by March 31, 1985 the City and the Borrower shall have agreed to mutually acceptable terms and conditions of 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. This resolution is intended to constitute "official action" within the meaning of Section 1.103-8(a)(5)(iii) of the Income Tax Regulations so as to permit costs of the Project paid or incurred after the date hereof to qualify as eligible costs to be financed from the proceeds of the Bonds, if the Project should receive an allocation pursuant to the Act. Section 4. Special Obligations. In all events, it is understood, however, that the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, if it becomes the property of the City, and from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. Section 5. Effective Date. This resolution shall be effective immediately upon its final adoption. -4- 211; ADOPTED by the Eden Prairie City Council on 1984. Wolfgang H. Fenzel, Mayor ATTEST: John D. Franc, City Finance Director/Clerk (SEAL) -5- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 84-295 A RESOLUTION APPROVING THE CITY WEST BUSINESS CENTER PHASES III AND IV PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE CITY WEST PLANNED UNIT DEVELOPMENT CONCEPT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (POD) of certain areas located within the City; and, WHEREAS, the City West Business Center Phases III and IV is considered a proper amendment to the City West Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Ryan Construction for POD Concept Amendment approval to the City vest Planned Unit Development for City West Business Center Phases III and IV and recommended approval of the POD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on November 6, 1984; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The City West Business Center Phases III and IV PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council grants PUD Concept Amendment approval to the City West Planned Unit Development Concept as outlined in the revised application materials for the City West Business Center Phases III and IV, dated October 23, 1984. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated October 29, 1984. ADOPTED by the City Council of Eden Prairie this 6th day of November, 1984. Wolfgang H. Penzel, Mayor ATTEST: T;11.-tel-E-1 :1" €7.--CliFtTECHT - 24.1 0)(-) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 184-296 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CITY WEST BUSINESS CENTER, PHASES III & IV, FOR RYAN CONSTRUCTION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of City West Business Center, Phases III & IV, for Ryan Construction, dated September 9, 1984, consisting of 12.63 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the , 1984. day of Wolfgang H. Penzel, Mayor ATTEST: John 0. Frano, City Clerk IN REPORT TO. Planning Comnission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning October 26, 1984 City West Business Center, Phase III and IV North of Shady Odk Road, West of City West Parkway Ryan Construction Anderson Incorporated 1. Planned Unit Development Concept Amendment on 15.91 acres. 2. Planned Unit Development District Review and Zoning District Change from Office to 1-2 Park for 15.91 acres with a front yard setback variance to 35 feet and increase allowable office space in the industrial district to 75 per cent. FROM: lpfOUGH: PAU. PROWCT. LOCATION: APPLICANT: FILOWN9R: PEOHIST. 3. Preliminary outlet. Background This is a rontinuod item from the October 12, 1984, Planning Com- mission re-oiing. The Planning Com- mission returned the plans to the pvuponent For modification of the site plan to take advantage of the open ,s..vc-n in front of the pond and to save e';1 ,,tin9 at oral vegetation 1:11 be srooning packing areas from uso.f, acro ,.c the pond. In addition, building el ;Nation ..; were to be modifind to reflect a higher P ,'rconiago of glass in order to croain an ()nice a :T.,arance. It wa ,. rec.:Y1-10mit'd t UA the fermi of 9:1 lclbnj B by muditif ,d to introduce a,tditional two-stol•v clo;u ,nts to hyod% linr nature of the ono-,.tory building. acres into two . lots and one J 7:1s n t:'-:,:i1:7).i77:1 --f"\ '+'''-- - • ' \ ) PROPOSE SITE _ i,.: 'r,i_i: K. 1 — _,- \ s::!1vw . '4 12:2711;K--- .76 -21 . ---.--,-------r— 1 .2 .'c N . , _AN 1 j '''7 "- • '$. ' • [:•-• / [ I .. p) -,,,3 1 .-1.. \ , •.... .,.. - i'----''/NJ ; --- 1 ....-, -,-.! \\,------. City Pest III and IV 2 October 26, 1984 Site Plan Modifications There have been two primary site plan modifications. In Phase III there is a different parking arrangement adjacent to the pond, which provides for more open area and the opportunity to save the oak trees along the site border. This additional open space would allow adequate room for berming and plantings to screen parking areas from other land uses across the pond. A second plan modification is that portions of Buildings E and F have been jogged approximately 20 feet towards the interior to create a 30 -foot green space in front of the building, which helps break up the overall building mass. Modifications Building elevations have been changed to reflect a higher percentage of glass to brick in areas previously recommended by Staff. In some cases, glass was extended to the roofline, in others, spandrel panels were added under the windows. The combination of glass and spandrel panels will have a glass- looking appearance. Glass has been added to the elevations of Phase IV buildings, but no jog in the building; has been incorporated at this time. An additional two-story element would be beneficial. If possible, Buildings G and H should he jogged in a similar manner to Buildings E and F. This would provide more green space in front of the building. Con c lusions If the Comlission feels that the proponent has made modifications to warrant approval then Staff would recounend that approval be based upon plans dated October ?3, 1984, and subject to the following: 1. Front yard setbck variance to 35 feet. 2. Allow up to 75 per cent office in an industrial zoning district. 3. Suhmission of detailed grading plan to reflect site plan modifications. 4. Submission of a detailed landscape plan reflecting site plan modifications and provisions for screening of parking areas from across the pond. St 1',1 The Planning Comission could recommend either of the following alternative courses of aUion: 1. The Planning Cmmission could recomend approval of the request for Planned Unit Developront Co,w.ept kc ,end -oent, Planned Unit Peveloftlent District Review tor 15.91 acres (with variances), and /ening District Change to 1-2 Park for 12.17 acres and a Prelimilv.ry fl it of 15.91 acres into two lots and one lot based on plans dah•d !:,ept:-,ber 14, 1984, revised October 13, 1994, based upon 1 ,,,c,:puda i uric in the Staff Repnrt and subject to the following (.onditiefG: A. Prior to Council revio, proponent sh111: City West III and IV 3 October 26, 1984 1. Submit detailed landscape plan for review. 2. Submit detailed grading plan for review. B. Prior to Final Plat, proponent shall: 1. Submit detailed storm water run-off and erosion control plans for review by the City Engineer and the Watershed District. C. Prior to Building Permit issuance, proponent shall: 1. Pay the appropriate Cash Park Fee. 2. Stake the grading limits with a snow fence within the wooded areas. 3. Notify the City and Watershed District at least 48 hours in advance of grading. D. Concurrent with building construction, construct sidewalks to connect to City West Parkway and the trail system proposed along the pending area. 2. The Planning Commission could recommend that the plans be denied. 2'a) 0 RLPORT Planning Cardssion Michael D. Franzen, Senior Planner Chris Enger, Director of Planning October 12, 1984 City West Business Center, Phase III and IV North of Shady Oak Road, West of City West Parkway Ryan Construction Anderson Development, Inc. 1. Planned Unit Development Concept Amendment on 15.91 acres. 2. Planned Unit Development District Review and Zoning District Change from Office to 1-2 Park for 15.91 acres. 3. Preliminary Plat of 15.91 acres into two lots and one outlot. TO - ip0 M : 11 ,PU'Pl• DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: FIESIZST: Background This site is part of the original • 1931 City West Planned Unit Development. The City West Planned Unit Development on this site Was amended in 1982, according to a specific rezoning and development request from Anderson Development, Inc., known as City West Plaza I, II, and III, for 240,000 square feet of office in three, five-story buildings, centered around a plaza area with views across the pond. There were two, two-level parking ramp ,, included with this proposal. The low huilding footprints, and structured parking, allowed for 63 percent open space on site. City West Business Center Phase III and IV, is in continuation of a similar site plan and building oppre.:;;11 used in Phases I and II which are currently under con- struction along Shady Oak Road. 2a)1 City West Phase III and IV 2 October 12, 1984 Phases III and IV differ from Phases I and II by an upgrading of the percentage of office from 25 to 75 per cent, upgrading the exterior materials of the project from burnished block 'and glass to brick and glass, and increasing the amount of landscaping in the project around the perimeter of the site, as well as within the service court area. The Comprehensive Guide Plan depicts office use for this site. The attached Planned Unit Development plan, and image sketch, show what was envisioned in 1982 as a potential land use. Since this site is guided Office, a decision must be made as to whether this site still remains appropriate for an office use, and if so, at what scale. Surrounding land uses in City West are developing primarily as office with a limited amount of commerical uses. The Primetech (65 per cent office) and O'Neill (100 per cent office) projects to the east of this site are approved office uses currently under construction. Phases I and II of the Ryan project, south and west of this sue, are office in character, though the sites are zoned for industrial use. Often it is the case that existing site features will suggest an appropriate use of the land. This site offers two unique natural amenities including a pond which becomes a point of orientation for the land uses, and existing natural vegetation, which can be incorporated into the site plan to reflect the original site character and can be used for screening and scale. There are a number of trees along the pending area and the northwest corner of the site. Vegetation along the pond consist primarily of lowland vegetation including poplar, ash, and cottonwood. There are a number of specimen oak trees along the northwest corner of the site which should be retained as part of the overall landscape plan. Land Use Proposal-Office or Industrial? In 1981, when the City West Planned Unit Development was first considered by the Planning Commission and the City Council, there was considerable discussion as to whether, or not, office uses in this location would compete with office sites in the Major Center Area. The Major Center Area plan allows for intense office and commercial usage because of the ability of the existing and proposed transportation systems to handle the additional traffic. Also, because of its location at the junction of two major highways, building development could be intense, and larger and taller buildings would be possible. Though a high percentage of office use was planned as part of the original City West proposal, the general character of City West today might be described as a high-tech area, rather than a traditional office park, considering that the only pure office building under construction to-date is the O'Neill Office Building. Primetech Phases I and II, and City West Business Phases I nd II, are being developed between 50 and 75 per cent office with a limited mount of manufacturing. Because of the architectural design, building materials, landscaping, and screened loading areas, the developments have an office- like appearance. With this type of land development occuring, it appears that City West is not competing with the traditional office markets envisioned for the Major Center Area. Since some manufacturing is being proposed, a question to he answered is whether this project is office or industrial. The project has characteristics of an office park, including brick and glass all around the building, one and two-story office elelmats, screened loading facilities, parking at a ratio of four space per 1,000 square feet of gross floor area, and generous landscaping. City West Phase III and IV 3 October 12, 1984 By comparison to the originally approved Planned Unit Development request by Anderson Development, there are some marked differences. The original Planned Unit Developeent was office, had more open space, more landscaping, and took advantage of the views across the pending area. In addition, the proposed five-story office buildings would add height and scale to the City West development. The new concept plan, though office-like in character, makes limited use of the pond, and has less open space because of the larger building footprints and large areas of surface parking. Ordinance Site Coverage FAR City West III & IV 30% Site Coverage 23% Building 0.3 One-story FAR 81% Building and parking 0.5 Multi-story FAR 0.29 Original 30% Site Coverage 11% Building 0.34 Office Plan 0.3 One-story FAR 0.5 One-story FAR * Based on 12.63 acres developable land. Site Plan The current site plan request involves two building phases, with a total of 161,520 square feet of gross floor area in four buildings. The buildings are primarily one- story, though there are second story office elements planned with each building. Phase III involves approximately 82,500 square feet, and Phase IV involves approximately 79,000 square feet. The buildings are designed with an exterior office appearance around the perimeter of the building and with an enclosed service area. In addition, open space is included in the service area in an attempt to provide an attractive appearance when viewed from taller buildings such as the hotel in City West. The project is being developed at a floor area ratio of 0.29. Although this is a relatively low floor area ratio for office land usage, because of the large building footprint and on-grade parking, the site plan appears very tight and open space appears a minimum. Only a portion of the project takes advantage of views across the pending areas. The proposed buffer zone, for the parking areas adjacent to the pond is only ten feet and will not provide enough area for adequate screening of the parking areas when viewed from other office and commercial land uses across the pond. This will be addressed in more detail under the landscape section, however it is important to note at this time, that development of the Landmark proposal will have a heavy emphasis upon the hack of the by facing the pond, and there will be views into this project from the restaurant and outdoor plaza areas. Therefore, it is hrportant that this project have a clean office appearance when viewed from across the pending area. A total of 590 pick inn spaces are provided cei-site. For a project of this size, based upon 15 per cent off 4e, 1?.!: per cent manufacturing, and 12.5 per cent wdrehou!,ing, toile teeild regnirc the provision of 677 parking spaces. The proponent has provided d prwf-a-parking plan, which adds parking around the perimeter of the st Phase III and IV 4 October 12, 1984 sitc, but primarily intends to utilize proposed green areas in the service court for bfitional parking, if needed. Parking is provided at a ratio of 3.65 parking twcf.., per 1,000. "High-tech projects", such as Vantage and Primetech, have typically been proposed at a ratio of four parking spaces per 1,000 square feet. With mf-of-parking, the parking ratio would be 4.2 to 1,000 square feet of gross floor area. Access to this site will be by driveway from two curb cuts along City West Parkway. There are three existing curb cuts along City West Parkway. Two of these will be reerred. The existing curb cut, which aligns with a median cut in City West Parkway in Phase IV, will be utilized. A new driveway and a new median cut are proposed along City West Parkway adjacent to Phase III. This should align with the driveway entrance along the north property line of the hotel proposed to the east across City West Palk.way. The proponents are requesting a 35-foot setback (required in Office Districts) on the primary front and secondary front yards along City West Parkway in lieu of the 50-foot setback normally required in the Industrial Districts. Since the project has an office appearance, perhaps the office setbacks may be appropriate, provided effective screening of parking areas can occur. Traffic Impacts For a project of this size, based upon 75 per cent, 12.5 per cent manufacturing, and 12.5 pee cent warehouse, can be expected to generate approximately 1,700 vehicle trips per day. The original office proposal, based upon 240,000 square feet of office, would have generated approximately 2,900 vehicle trips per day. The reduction of vehicle trips would lessen the potential traffic impacts upon Shady Oak Road. Grading A general way of describing the proposed grading is that the small hills on this site will be cut to fill the small depressions. Generally speaking, there will be a cut of approximately ten to twelve feet, and ten to twelve feet of fill across the site. Proposed grades, adjacent to the pond, are at 2.5/1, and appear to be very artificial looking. The grading plan should be revised to reflect a softening of this slop. This can be achieved in a number of ways. One alternative would be to lessen the slope to 3/1, and to create a curvilinear pattern to the proposed grades, as opposed to rectangular. Archi I Jsr ture Four buildings are proposed on-site which contain one and two-story element s . Build ins arc proposed to be constructed primarily of mason-laid face brick and glass. The buildings will reflect a curvilinear pattern, in that rounded edges are proposed on the corners, which is similar to Primetech. The building forms are similar to Phases I and II. Phases I and II were proposed with right- angled corn ors and constructed of burnished block, as opposed to brick. Though the building elevations suggest an awkward proportion of oilss to brick on the ono story eleirls. the color rendoring, suggests a different scoring pattern, and a slig h t building grojtion above the windows, which Staff believes makes for a more attrirl builOing. In addition, Staff suggests that the vertical height of the winde,'s he increased by at least two feet so that the proportion of glass to brick - City West Phase III and IV 5 October 12, 1984 would be more higher. The interior facing of the buildings around the service areas will be constructed of concrete block, painted to match the brick. Elevations of the courtyard areas indicate that there will be no dock-high doors. A high percentage of the one-story building elements will be visible from City West Parkway. Because of the low percentage of glass to brick on these walls, the appearance is more like warehouse than office. Staff reconnends that the building form be changed to reflect a similar varying height relationship to that used on Phases I and II. (See Attachment B) The introduction of additional two-story elements, or glass parapet extension, would give the buildings a more office-like appearance. Roof-top mechanical is proposed to be screened from view with a two-foot, eight- inch, parapet wall around the entire perimeter of the building. The proponent should provide site lines showing the effectiveness of screening from City West Parkway and other adjacent land uses. Utilities Sewer and water service can be provided to this site by connection to existing sewer and water lines in City West Parkway. The water main will need to be looped through this site, making a connection to City West Parkway, Ryan's Phase II project to the south and the future office site to the north. The water line should be an eight- inch pipe. Additional fire hydrants will be needed, and some must be relocated. The proponent should discuss this with the Fire Marshall. Storm water run-off will drain in two primary directions. The majority of storm water run-old will drain in a westerly direction, through a series of catch basins and storm sewer pipes into the pending area. The balance of the storm water run-off will drain toward City West Parkway. The proponent should submit details of the outlets into the ponding area, which will minimize erosion, minimize siltation flowage into the pond, and be aesthetically pleasing such that a control structure would not be visible from adjacent land uses. Pedestrian Systems The site plan should be modified to provide a method of internal pedestrian circulation, which would connect the proposed office areas to the proposed trail around the pond. lhe trail around the pond should be constructed concurrent with building construction. I andscaning Although the total amount of plant materials proposed on site appears to be generous, because of the amount of hard-surfaced area and buildine mass, Staff sugeests that additional, or larger, plant materials be introduced on-site. Other examples of high-tech projects, such as Primetech, introduced many large trees of four to six-ink ..11 caliper in 07e, or greater, for shade trees, and eight to twelve feet in heieht for coniferous trees. Bermine and plantings along City West Parkway should ho odequate to screen parking areas from view. Parking areas, when viewed from adjacent land uses aeross the pond, will be visible and Staff recommends that additional coniferous plantings be incorporated along the west property lino. The existio9 oak trees, in the northwest corner of the site, will be lost due to eie-e City host Phase III and IV 6 October 12, 1984 construction. A reduction in building square footage, or a change in the building footprint, would allow an opportunity for these trees to be saved. The proponent should provide a tree inventory of the site for review. Conclusions Since the initial proposal on this site had three mid-rise office buildings, a decision must be made as to whether, or not, the present submittal is office- enough in character to be considered as a legitimate office use on this site. The Staff Report raises several issues, which are building and site plan related. If these issues are properly addressed, and perhaps with modification, the project may be more acceptable. If the Commission feels that the proposed "high-tech" buildings represent the best use of the land, Staff would recomnend that the development plans be modified in the following ways: 1. The Site Plan should be revised, by either a reduction in building square footage, or a different building footprint, which would allow for more open space in front of the pond. This may save existing natural vegetation, and provide adequate room for screening of parking areas from adjacent land uses across the pond. 2. Building elevations should be modified to reflect a higher percentage of glass to create an office appearance. 3. Building form should be modified, to introduce additional two-story elements, to break up the long and linear nature of the one-story building, especially along the north portions of buildings G and H. Additional two- story elements on building E and F would also be beneficial. STAFF RECOriMiNDATIONS The Staff would recomnend that development plans be returned to the proponent for revisions based upon the recommendations outlined in the conclusion section. 2 so 7r.511^-",s, , • • r-**,.. • • _ _ 2."C" • rruAkrt..)--7 :77 r cr.". ! r! •5•• I WEST ELEVAT:ON A E A r nJt,_/.4 •,•-• . Z.7_\ • n rr-1, "‘"=•.•••••. siN.1 4 cr! - _ i . ;•• ; . _ I I I C -a,: , !•• : ----- -. 1— .... •- - .. .1'. °n!... L. 7E_61/...J1." .t“Gs.1.-1 ,.. 1 1F-N! .15 5:1 „TtL,'`rr JsT 'cc. . . „.; Cr % I 4 - tr:F.• t tstt . rS-•••1".• I n-4 t • II ; L,L.rvacoror'r 1 - . •-• r E. CITY UEST BUSINESS CENTER PHASES III & IV, by Ryan Construction. Request for Planned Unit Development Concept Amendment of City West Planned Unit Development and Planned Unit Development District Review of 15.91 acres; Zoning District Change from Office to 1-2 for 12.63 acres; and Preliminary Plat of 15.91 acres into two lots and one outlet. Location: North of Shady Oak Road, West of City West Parkway. A public hearing. Mr. Pat Ryan, Ryan Construction, reviewed the proposal with the Planning Commission, explaining the request for the Planned Unit Development Concept Arendment and explained the advantages of the type of project for office service use over a pure office use for this property. He pointed out that with 75 per cent of the square footage of the project being office, and the remainder being for storage/assembly space, the reduction in traffic would he approximately 1,200 trips per day. Planner Enger reviewed the findings and recommendations of the Staff Report of October 12, 1984, with the Planning Commission. Gartner, Hallett, and Marhula, stated that they were not as concerned with the proposed change to the Planned Unit Development Concept for City West as th:1 wore with the appropriateness ot use for the site. Marhula added that he did not feel this was a major change in proposed use within this Planned Unit Davelopment. He stated that he felt that while the proposed plan may be ditforent as in terms of its footprints and layout than the previously approved plan for the site, the use proposed was basically the same. 1)cting Chairman Torjesen stated that be felt it was imperative that changes to plans he smde with justificmtion. He statA that he felt, in this case, the rfilde proposed had been t,ubstantiatud by tha facts that it Was a change w!iich re ,tultod in less dense use of the property. Acting Chairman Torjesen gIrt i a ;d whether the "contnrpieco" function of the previously approved H oan for this site wculd he lost with this type of plan as opposed to the prtionsly wrovcd plan. itvor stated the provious plan had hi per rout impervious surface t"vor ,Ith'; the current PLn hal ii per vent impervioes surface coverage. ho stated that the height oi the ttni!diuus from the previous plan w.r . not all in tv:0 es oil CC. liii stTuctuces had been designed with ;YAP; f 1,011ing Coumission Minutes 15 October 15, 1984 underground parking. In addition, the other plan oriented the buildings more towards the pond to the north. He stated that attempt had been made to orient as much of the buildings as possible towards the pond for the current plan. He stated that, perhaps, additional work could he done to accomplish this effect to a greater degree for the current plan. Mr. Ryan stated that, based upon their experience, the amount of parking required by the ordinance would not need to be built. He stated that they would request to allow the extra parking area at this time to be left in green space for proof of parking in the future if necessary. Hallett asked if the pathway system would be part of this development. Mr. Ryan responded that the pathway system was currently under construction, and would be continued through this site. The Commission and proponents discussed the plan in greater detail, making suggestions and discussing ways in which the plan could be altered to specifically take better advantage of views of the pond to the north. Proponents asked if it would be possible to he scheduled for the November 6, 1984, Council meeting. The Planning Commission concurred that this would be appropriate in this case. MOTION: Motion was made by Gartner, seconded by Schuck, to continue the public hearing to the October 29, 1984, Planning Commission meeting, directing Staff to publish the item for the November 6, 1984, City Council meeting. Motion carried-5-0-0 t-, 01/431U VAC rl5 November 6, 1984 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 84-300 VACATION OF RIGHT-OF-NM FOR VALLEY VIEW ROAD IN EDENVALE 4th ADDITION WHEREAS, the City of Eden Prairie has right-of-way for Valley View Road described as follows: That part of Valley View Road, dedicated in the plat of Edenvale 4th Addition, according to the recorded plat thereof, lying southerly and southeasterly of the following described line: Commencing at the most northerly corner of Lot 1, Block 2 in said plat;. thence South 39 degrees 49 minutes 07 seconds East, along the southwesterly right-of-way line of said road, a distance of 846.03 feet to the point of beginning of the line to be described; thence southeasterly a distance of 403.71 feet, along a non-tangential curve, concave to the northeast, having a radius of 1492.40 feet, a central angle of 15 degrees 29 minutes 57 seconds, and a chord which bears South 54 degrees 12 minutes 17 seconds East, to the north- easterly right-of-way line of said mad, and there terminating. WHEREAS, a public hearing was held on November 6, 1984, after due notice was published and posted as required by law: WHEREAS, it has been determined that the se:id easement is not nocessary and has no interest to the public, therefore, should be vacated. NOW, THEREFME, RE IT RESOLVED by the Eden Prairie City Council as fellows: I. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on November 6, 1984. [ST: Wolfgang H. Penzel, Mayor SEAL m H. Franc, Clerk 6,1984 i6?11 VOID OUT CHECK vDio OJT CHECK 11,1', VOID 0111 CHECK 61::,f) B1117 EXPENSES 1555/ WNNESOTA DEPARTMENT Or P/S MOTOR VEHICLE REGISTRATION 16568 0 PHILLIPS & SONS CO LIQUOR 16569 INTERCONTINENTAL PCKG CO WINE 161,70 (0 ; 1005 COOPER & CO INC LIQUOR 16571 EAGLE WINE CO WINE 165/2 QuAl.ITY NINE CO WINE 16573 CAPITOL CITY DISTRIBUTING CO WINE 165/4 jORZON HOVERS WHOLESALE LIQUOR LIQUOR 16515 BECK? WARNER ELECTION SUPPLIES 16516 UNITLD WTI'S POSTMASTER POSTAGE-ELECTION 1657/ MACA TRAINING CONFERENCE FEE-AN1MAL CONTROL 165/8 011'45 GIBBS OCTOBER PACKET DELIVERY 16579 FAST SinE 5EVERAGE CO BEER 16580 BALBARA MAjTSON INSTRUCTOR-SWIMING CLASSES/FEES PAID 16581 VEDERAL RESERVE BANK PAYROLL 10/12/84 1658? COMMISSIONER OF REVENUE PAYROLL 10/12/84 16583 DEpARTMENT OE EMPLOYEE RELATIONS PAYROLL 10/12/34 16504 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 10/12/84 85 AELRA LIEL INSURANCE CO PAYROLL 1O/12/84 ,86 68E51 WEST LIFE INSURANCE CO PAYROLL 10/12/84 16587 11:11 150 WAY OF MINNEAPOLIS PAYROLL 10/12/84 1238 INTL UNION OF OPERATING ENG DUES 16589 P R A PAYROLL 10/12/84 16590 c81 ,:11SSIONFR OF REVENUE SEPTEMBER 1)4 FUEL TAX IWQ cT,".ISSIONFR OF REVENUE SEPTEMBER 84 SALES TAX 1169 , 1: PRAIRIE CHAMBER OF COMMERCE COMMERCE & INDUSTRY DAY W'%OV BURNS CARL SON SKATING INSTRUCTOR/FEES PAID r,o n ufM WA FAMILY YMCA CONFERENCE-COMMUNITY CENTER 1.512TI12110 STATES POWER CO SERVICE ii '1 III KRATOCHVIL INSTRUCTOR/EXFROISE CLASSES/FEES PAID 1E LARSON REFUND-EXERCISL CLASSES IY MORTON REFUND-EXERCISE CLASSES '-"F 11111 LEN REFUND-SWIMINC CLASSES 1212 :) KNFUTSSERG REFUND-EXERCISE CLASSES Y '516 111(00 RE=O-SWIm'IING CLASSES 12 HAUF REFUND-SWIMMING CLASSES FMRINCTON NITIPB)-RACQUETBAll CI ASSES .KER`; CONFERENCE CONFERENCE-SENIOR CENTER WINE CO WINE ty! IIY WINE CO LIQUOR !.O ITMALIS & SONS CO LIQUOR cfmFR & CO INC LIQUOR lup; cm WINE CO WINE wINE CO WINE DIW•,I.T;S 111101TSALE L11 1100 'QM-1;Z oN n INHEAL PCKD CO WINE 15 .,13 iE 1E5/Y0RI11 BNN PERMIT4i.NOI.KSON IPAES PP=•AY 1,.611 I Y., LA!:11SC41'I158 TIMNR'.=,-NOONO LA PAZ 16515 p6im11.11 PO0116F-0015,? INFORMATION MAPS 1VI 20110011 1111111 11111 BOOK-FIK;INICRI % Hi i;* I IS WIlELGOIS S I1526 DLPT 16.0 0 68.2 68.2 5 69.1 8 8.75 3083.1/ 284.48 3070.77 567.51' 2269.11; 1402.97 1973.00 56.47 100.00 15.00 65.00 3045.85 136.50 18443.59 9417.07 12967.81 35.00 114.00 4039.00 100.75 689.85 15663.90 879.58 11407.75 12.00 112.70 100.00 4613.08 8.00 6.00 26.00 14.00 26.00 10.00 23.00 25.00 25.00 154.4E, 958.06 3625.9? 2462.79 415.7? 362.20 200.4 1 3778.00 593.0 6.01) 80.00 RORTHIRN STATES POWER CO SERVICE f REMY CASH POSTAGE-CITY HALL R.LRGENCY SERVICE SYSTEMS INC RADIO REPAIR & PARTS-POLICE & FIRE DEPT IPA!:cls REGIONAL MEDICAL CENTE CONVERENCE-POLICE DEPT N.4ERIRAA HUAANE ASSOCIATION POSTERS-ANIMAL CONTROL RERARDS 1.66E4 IRSTY PRINTS 16(‘M INIERCONTINENTAL PCKG CO I661'6 RM.ITY WINE CO 166N 1W IN CITY WINE CO 1E6?R PRIOR WINE CO 166R joHNE,ON BROTHERS WHOLESALE 16630 EAGLE WINE CO 16631 PATREIS & SONS CO 16632 GRIGGS COOPER & CO INC 16633 ED PHILLIPS & SONS CO 16634 ED GREGORY 1663S ii0RK1NS POSTMASTER 16635 STATE TREASURER 16637 RALIRI KRATOCHVIL 15639 BARBARA SIEGLE 16639 KATHY HOMES 16640 FETR1ZAT RESERVE BANK 16641 COMMISSIONER OF REVENUE 16642 DEPARTMENT OF EMPLOYEES RELATIONS 16643 AETNA LIFE INSURANCE & ANNUITY CO 16644 mINNESOTA STATE RETIREMENT SYSTEM 16615 GREAT WEST LIFE ASSURANCE CO 16c 4 RRRITO WAY OF MINNEAPOLIS . 7 PERA 16:;4R NORt!EST BANK OF HOPKINS 16640 SmPuRBAN NATIONAL BANK 16650 ACRD-MINNESOTA INC 16661 sTOART ALEXANDER 1665? 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EQUIPMENT INC 16690 CPT CORP 18681 CROWN (USER STAMP CO 16692 CURT IS INDUSTRIES 18814 CFRITOM FINE APPARATUS INC 16684 CUTLER MAGNER CO 16686 DNA:0 RAVIF.S WATER EQUIPMENT CO 16697 CRAIG W DAWSON 168pO, RONOME & ASSOCIATES INC 16888 DO:ES SOu SERVICE IWO DoRHOET INC 16/0! BRISRILS SUPER VALU 167AR Tim RuRSMORE 187o4 I11 EASTMAN CI 01115 COUNTY 1 81o'' ED: F: PRAIRIE CHAMBER OF COM1ERCE I676T N PRAIRIE FIRE RELIEF ASSOC 16/T1 my DE EDINA 16/DI !RA!AN I TAM'S R:T7Nr...Y DI CAL PRODUCTS INC -i-oRcY SERVICE SYSTEMS INC 18/!: -ERG!,:ii 00E0 INC 167! ! ':•!!!!!!• MANACINEWT INC 16,! !NUR 16;'•!! R!!!: IRS 167IT HR BROTHERS & SONS INC 10! SEUL CO )iWP 'H:Y.K FERN m ,Y mAINTENANCE INC IT Fny IT 10Y SERVICE-PARK MAINTENANCE 454.n.• HOCKEY OFFICIAL/FEES PAID 60.01 . -SERVICE-CARMEL ADDITION/FLYING CLOUD DR/ 2636.3: VALLEY VIEW ROAD [WWII. OFFICIAL/FEES PAID 136.11 roomALL & VOLLEYBALL OFFICIAL/FEES PAID 462.5 0 TUBE SLIDE-STARING IAKE PARK 4000.0 SUPPLIES-LIQUOR STORES 330.7' CARGOA DIOXIDE-WATER DEPT FREIGHT CHARGES-ANIMAL CONTROL REPAIR TREE TRUCK 34.50 HaTEN-ANIMAL CONTROL 18.97 SERVICE-ANIMAL CONTROL 91.00 LEGAL ADS 282.2 LAWN FERTILIZATION-P/S BUILDING 412.00 SEBVICE-VALLEY VIEW ROAD & COUNTY RD 4 468.41' SERVICE-ROUND LAKE PARK 130.6; SERVICE-PRAIRIE CENTER DRIVE 2038.301 SUPPLIES-POLICE DEPT -RESCUE KIT/FIRE EXTI000ISHERS/FLASHL1GHTS 1934.73 500 FEET OF 2 1/2" HOSE PAINT-POLICE DEPT/LINE TAPE -ASSESSING 93.8? SCHOOL-POLICE DEPT 300.00, DESK SIGNS-COMMUNITY SERVICES 19.20 BOLTS & NUTS/DECALS/LUPE-EQUIPMENT MAINT 210.2 TRUCK MOUNTED NOZZLE-FIRE DEPT 2182.50 QUICKLIME-WATER DEPT -CLEANING SUPPLIES-WATER/POLICE/COMMUNITY 397.35 CENTER PVC MANDRIL-CARMEL ADDN 84.99 EXPENSES 15.21, SERVICE-SOLID WASTE MANAGEMENT 38.41 ' SOD-STARING LAKE PARK . 2928.47 FORMS-POLICE DEPT 95.00 SUPPLIES-CITY HALL & COMMUNITY CENTER 230.0!. HOCKEY OFFICIAL/FEES PATO 105.0G SUPPLIES-COMMONITY CENTER 17.20 WITHHOLDING FROM EMPLOYEE PER COURT ORDER 3.05 PRINTING OF INFORMATION PACKET 283.06 FIRLMANS PENSION FUND 47195.0R SEPTEMBER 84 TESTS 169.00 MILEAGE-FORESTRY DEPT 41.51; PORTABLE RESUSCITATOR-FIRE DEPT 967.76 REPAIR SIREN-POLICE DEPT 21.00 6 SHOCKS/PA1NT-F1IOIPMENT MAINTENANCE 136.2P COOLING SYSTEM. P/S BUILDING 159.6 SFPIIIMBFR & OOTOGER EXPENSES 330.11 HOCKEY OFFICIAL/FEES PAM 382.5o MANNNLE COVLkS 650.00. STEEL-PARK MAINTENANCE ITYPiNSES-POLICI DEPT 28.00 REPAIR FARE TRUCK 326.7/ MIITAGE-RARK PLANNING MILEAGE-PARK PLANNING 60NK-H11NECY DISTRIBUTORS INC /6, 1. CONcRACTING INC !A N[RAL CuMUNICATIONS INC OITICE PRODUCTS Co ff,', :NEN PAINT g I cOODRICH TIRE CENTER 1,!'JTP1'.R INC HACKING ii;.ON GLASS I67A :±;;IN HARRIS 167:31 IF 001 RN COUNTY TREASURER 16732 JELVERY L HOVLID 16/3i 111 (C1005. CONFERENCE 16734 INTL OFFICE SYSTEMS INC 1(dli 0 & R RADIATOR CORP 107 RI jAK OFFICE PRODUCTS CO 15/3/ XI OFFICE PRODUCTS INC CARPETING-FIRE STATION 111 SERVICF-SHAR HILL CIRCI1 & PORTAL DRIVE RADIO REPAIR & PARTS Oulu SUPPLIES-CITY NALL PAINT & FRINER.TAC MAINTENANCE 21 TIRES-POLICE CA15114 TIRES-EQUIP MAINT WINTERI/E LAWN SPRINKLER SYSTEM-P/S BLDG EXPENSES-P/S P01(01 NC. ? WINDSHIELDS•K STREET DEPT EXPENSES-SUMER PROGRAMS SERVICE-PARK MAININANCE EXPENSES-WATER DEPT DUES-BUILDING DEPT RIBBONS-WATER DEPT NEW RADIATOR CORE-FOUIPMENT MAINTENANCE OFFICE SUPPLIFS-POLICE DEPT -OFFICE 501PLICS/C0AT RACK/3 FILE CABINETS WATER DEPT 1568.61 3923.0/ 913.01 257.8/ 1492.17 60.0u 78.1 9 250.82 122.80 16.75 25.0o 163.26 118.22 70.70 1090.31 1673 01/ONE ,IOHNSON EXPENSES-P/S BUILDING 161".A DAVID KREEER BASKETGALL OFFICIAL/FELS PAID IORiO AI FOOTBALL OFFICIA1 /FEES PAID 10741 LANCE SUPPLIES-LIQUOR STORES 16/4? ifY:N)UO/HANSEN TRAILER SERVICE & E 14IPE0/0 RINGS/SIVEL-ECRESTRY DEPT I6g3 liNE INSURANCE INC NOTARY BOND 11114 1 .11. PED EXPENSES-POLICE DEPT 15745 LIONS TAP OVERPAYraT OF VOLLEYBALL FEE I IRIS SEPTEMBER 24 Sf:RVICE lUiY I (RAISIN INSTRUCTOR/SCUBA CLASSES/FEES PAID mACTM1 EQUIPMENT INC VALVE-STREET DEPT 10/1 ) UMY MASON HOCKEY oFriciarrEs PAID s o 1/C MATSON [XI'! USES-POLICE DEPT ANES INC CEMENT-STREET & PARK DEPT. FAKERIES INC EXPENSES W:AL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT ,IWOLIAN GRAPHICS ENVELOPES-CITY HAIL RI VONE CONE) INC NOVEMBER 84 PAGER RENTAL PRINTING INC MAPS-CITY NALL fli.ITAN FIRE EQUIP CO REPAIR AIR COMPRESSOR kITAN WASTE CONTROL COMM SEPTLITER 84 SAC CHARGES !A%') PODUCTS CO CONCESSION STAND WIN ITS-COMMUNITY CTR i6PHALT CORP REF U ND HYDRANT NETER DEPOSIT ST ASPDAI I CORP BLACKTOP FRIBUNE CO EMPLOYMENT AD-PUILDING DEPT ACADEMY OF PROSECUTION CODE BONS-POLICE DEPT =1"..01A BAR SUPPLY INC SO! PLIES-LIQuoR sTon P? OF P/S CRT SERVICE-MI.10E DEPT -.91'0 GAS CO SERVICE •<JITA REC K PARK ASSN MFFUNCE-Cir=NITY SERVICES 1:FC F, PARK ASSN CONELRENE-AULITIC COORDINATOR 1/1 110 0 1.0 NEWSPAPERS INC ADS-1.11 W!:LS lIT ER (IV ELECTRIC CO-OP SERVICE T:::!-RIC REPAIR FAN M:1TOR-PARK MAINTENANCE H\ RADIO RI-PAIR 1. PAR -i5-!DLIP ,,IENT mAINTENANCE :,iRl'ATING CO 1CLAY -PARK MAMINANCE 66.3; 12.00 200.00 103.0r. 103.75 60.00 10.63 5.00 13582.20 816.00 135.86 100.00 122.01) 58.50 40.86 97.00 629.97 77.72 2719.0,1 105.00 63483.76 218.0? 218.66 2517.0; 84.60 67.50 43.90 40.(K) 1523.5u 100.01 100.0 54.01. 36.26 26.50 67.1 -/ 55.0 125.0o 4.59 90.0 4 1011.2S 32.3/ 5054.0o 18.00 51.00 5.00 87.84 100.00 553.1",, 10.59 2845.00 332.37 1809.75 47.5n 200.09 325.00 19.77 21.64 58.50 320.08 153.50 112.50 106.14- 19574.28 10938.22 17.50 40.00 1286.75 54.56 556.23 140.14 1627.55 150.00 165.96 162.6? 53.00 64.29 10.00 132.53 177.44 2310.63 118.50 171.0G: 87.54 87.60 2654.45 1294.3:i 137.2 (rORY 1 MUELLER VOLLEYBALL orricikirrEs PAID NJTWERN STATES POWER CO SERVICE HD.JPEAND BuF,INESS COMMUNICATION REPAIR DICTAPHONE MACHINE-POLICE DEPT WPN BELL 1fLEPHONE CO SERVICE NYIPO)I INC LMER DOOR HINGES-COMMUNITY CENTER O1I1IE ERDOUCTS OF MN INC 2 119150 COPIFIER & DISK DRIVE ';ICFLEY OISON SWIM AID-COMMUNITY CHTER 10Y A URILOFF HOCKEY OEFICIAL/EFES PAID Y,UI PASSIM OVERPAYMENT OF HOCKEY FEES 14NNE,YEVANIA OIL CO 01T-S1REET DEPT DOFRIX SYSTEMS INC SUPPLIES-SENIOR CENTER PHTTuS INC PRIN1S-PL091lI99 DEPT PHOTO VICK PHOTOS -POLICE DEPT PITNEY BOAS POSTAGE MACHINE-COMEIUNITY CENTER POMER EIEG CO INC 10)111)949 TROPHIES/SWIMMING MEDALS/FEES PD PRAIRIE ELECTRIC COMPANY INC FUSES/IAITS-COMAMITY CENTER PRAIRIE tAWR C GARDEN BATTERY-WATER DEPT 0911 ,E LEVELOPEMRT RUMP FIRE HYDRANT METER DEPOSIT 167D? PRAIRIE OFFSET PRINTING FORMS-PLANRIn NEPT I;,793 09931 :1 BUSINESS SYSTEMS INC REPAIR RECORDER-MANAGER 15)94 2TNi3 & METER SERVICE INC MANHOLE COVER-P/W BUILDING 16191) QUALM FITNESS INSTRUCTOR/EXERCISE CLASSES/FEES PAID 16/96 R & R SPECIALTIES INC -TACHOMETER/BUSHING KIT/REPAIR 79118014I ENGINE & CARBURATOR-COMUNITY CENTER I67D7 RAIHROJ MECHANICAL INC BEARING FOR HOT WATER HEATER-COMMUNITY CTR 11 7(9 FRFD 9A7AVI VOUTY;3ALL OFFICIAL/FEES PAID II))/99 REHRECNICS CORP EQUIPMIEfti PARTS-COMMUNITY CENTER 1.p':90 RIEKI-CARROL4.-MULI.ER ASSOC INC -SERVICII-SANITARY EIFT STATION/PLYING CLOUD DRIVE/N334EMAN INDUSTRIAL PARK 1601 CITY OF RICHFIELD 10/1-12/31/84 DISPATCH SERVICE-POLICE DEPT RICEEIELD PLUMBING CO NIPPLE-PARK MAINTENANCE 1G,KT9 71, 'INTo VOLLEYBALL OFFICIAL/FEES PAID II P'Nj) RESCUE INC RESPONDER BOX/PAINT REAR SIDE-FIRE DEPT 16405 BD.TJy.m EXPRESS INC FREIGHT CHARGES-FIRE DEPT R01S;4ALE FARM GARDEN PET SUPPL DOG IOOD-CANIRL UNIT 110:-R4 SERVICE CO -RIOT,]N ALTERNATOR/STARTER/ALTERNATOR- EQUIPM'AT MAINTENANCE CARIESYS•FEMS OF EIPLS REPAIR CABLE Cl!) BY CITY sS SERVIcE SALES USED ORYER-COM:IMITY CENTER RECREATION CO PLAYGROUND EQUIPMENT-PARK DEPT VI 5') 91/ WORKS INC DOG TAGS-CITY HALL HOCKEY 011 19111 PAID Ii;OUSTRIES INC PORTABLE RE 4194095-PARE DEPT ',:!),PLY COMPANY INC CAR UASH-STREET DEPT MCORP SERVICF-P/S 60H DING 13)3 II AnY -MIX INC CONCRETE-P(1110E DEPT ; TEACH 9 I. 1904)110)4 INC SERVICE-NEW CITY HALL TIPS RECORDER CO REPAIR ALARM SYSTEM-P/S BUILDING n 1 4191•1.9 NCL:EEN.N 114 EXPENSES 31113111 OiTiCIAL/FEES PAID WF ST I' (1(4 (4 FIRE PEPE 540IIM0IIILE TRAILS ASSOC SERVICE A S!iiuP,;',AN PWILISH INC LEGAL ADS & HAPPFNINC,S SOHORP)AR POLISH INC ADS .I iQuoR sTors 'PEcIALTY SCREENING wRAYCO INC ‘AAIE TREASURER 'uEIE OF MINNESOTA :Jm01,80 SPRING COMPANY 0')11 STREICHER GUNS 0110100 LION CHEVROLET SUL1.IVAS SERVICES INC RU 01018 CORPORATION TENNESSEE CHEMICAL CO [RANK THORNBER CO TRESTMAN MUSIC CENTERS TWIN CITY OXYGEN CO TUIR CITY PET SUPPLY CO UNIFoRMS UNLIMITED UNITED LABORATORIES INC UNLIMITED SUPPLIES INC VaLEY INDUSTRIAL PROPANE INC VAuKHRS INC VESSCO INC VIUDM INCORPORATED VOSS ELEURIC SUPPLY CO KEITH WALL WARMINGTON WOODCOCK & WILLLIAMS WATER PRODUCTS CO OFSTERN STATES FOREST PRODUCTS WHOLESLE LIGHTING INC 2 AUAM WIETHOFF 16861 30: WIETHOFF 16854 lILELOCY AUTO PARTS CO 16855 X-ERGON 15865 XEROX CORP 16667 JIM -LAIC 16808 7?OGLER INC 16859 ZIEGLER TIRE SERVICE CO 4650 ,;91 16R12 1L831 16835 16837 16S12 16639 16ON 10101 16842 16843 15844 16845 150.45 16647 15858 I5R49 18850 POLICE BADGE REPAIR CAR WASH MACHINE-POLICE DEPT 310D QUARTER 84 BUILDING SURCHARGE FEE-PULL C11 & P/W BUILDING CAR SEAT SPRINGS-EQUIPMENT MAINTENANCE PISTOL/REPAIR GUN-POLICE DEPT -PAINT SEALANT/CABLE/RUB CAP/REPAIR REAR- VIEW MIRROR/REPAIR HEATER PuMP TANK-SENIOR CENTER REPAIR AERIAL TRUCK-FIRE DEPT FERRI FLOC-WATER DEPT BALLOT COUNTER-ELECTION EQUIPMENT SUPPLIES-COMINITY BAND OXYGEN-FIRE DEPT CAN SUPPLIES-POLICE DEPT HELMET/NAMETAGS/JACKETS CHEMICALS-WATER DEPT BOLTS Es, NUTS/WASHERS-PARK MAINTENANCE GAS CYLINDER-COMMUNITY CENTER 1 FLAG/REPAIR FLAG-POLICE DEPT REPAIR RELAY-WATER DEPT SERVICE-COMMUNITY CENTER LIGHT BULBS-P/S BUILDING EXPENSES-POLICE DEPT PA SYSTEM FOR SCHOONER DAYS -92 REGULATORS 52668.00/SEWER PIPE/CURB BOX/BLADES/AIR FILTERS !OMER-FOREST HILLS HOCKEY RINK LIGhT BULBS-WATER DEPT BASKETBALL OFFICIAL/FEES PAID VOLLEYBALL OFFICIAL/FEES PAID 1100/S-PARK MAINTENANCE SOLDER-EQUIPMENT MAINTENANCE SERVICE LICENSE RENEWAL-BUILDING DEPT CAP SCREWS-PARK MAINTENANCE EQUIPMENT PARTS 42.00 18113.0!, 20.110 31.10 176.50 359.83 50.00 526.12 4518.9 12002.3 119.50 49.68 15.20 361.85 125.51 43.50 181.67 145.00 143.70 46.33 54.18 78.37 115.00 3224.38 3438.80 243.60 72.00 25.00 15.00 34.45 1710.61 40.00 84.40 159.E $548685.08 ') 1 November 6, 1984 Cash Disbursements by Fund number Fund # Description Amount 10 General $244,936.96 11 Certificate of Indebtedness 16,687.21 15 Liquor Store-Prairie Village Mall 27,271.00 17 Liquor Store-Preserve 22,792.72 31 Park Acquistion & Development 11,034.57 36 P/S & P/W Building 198.90 51 Improvement Construction Fund 45,003.81 57 Road Improvement Construction Fund 1,199.38 73 Water Fund 33,514.78 77 Sewer Fund 63,890.87 81 Trust & Escrow Fund 3,332.40 02 Fire Relief Fund 47,195.00 90 Tax Increment Fund 31,627.48 Total $548,685.08 OCT i 5 6 eceA6vc}/o, /9 4/ -?).' eg..." LL-„A-.A.-.12-cieryt-at-2-..r2-c-..1 (1)Z-- 97-4-1A-4t-CAA4 75-.+A•-n0 /./ Cl_ a (12 • (.--e/V-42.ell-k-,t-e.--v-ix LL