HomeMy WebLinkAboutCity Council - 12/18/1984EDEN PRAIRIE
CITY -C-0UNCfc ZENDA
TUESDAY, DECEMBER 18, 1984 7:30 PM, SCHGUL ADMINISTRATION
BOARDROOM
Mayor-Wolfgang-Rtmzel-iv-Richard
Anderson, George Bentley, Paul
Redpatb„andfaeorId-Zailen
City Manager Carl J. Jullie; Assistant
to the City Manager Craig Dawson; City
Attorney Roger Pauly; Finance Director
John Fraae; Planning Director Chris
Enger; Director orecimmunity Services
Robert Lambert;-Director af -Rublic
Works Eugene A. Dietz, and Recording
Secretary Karen Michael
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
INVOGATIONt---Mayor-UoligangTenzel
PLEDGE OF ALLEGIANCE-
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Regular City Council meeting held Tuesday, October 2 19842.
III. CONSENT CALENDAR
A. Set Public Hearing for January 22, 1985, 7:30 PM, for
easement vacation in Muirfield.
B. Final plat approval for Bluffs East 3rd Addition (Resolution
No. 84-323)
C. Final plat approval for lechnologl Park 2nd Addition
Resolution No. 34 -324)
D. Set Public Hearing for Jlnuary 22 1935, 7:30 PM to consider
name chan.ge. of South S' Lane.
E. Joint Powers uearer .1]) respond to NSP rate filing relating
to electric rates for !p_unlciyil water pum2ipg.
F. Clerk's License List
G. DIGIGRAPHICS SYSFEWI ORATION by Welsh Construction. 2nd
Reading ot Ordice ;4/.;-4. Zoning District Change from Rural
to 1-2 for 5.75 acrtn, To.“drcval ot Developer's Agreement for
Digigraphies, an Afkption, of Resolution 134-3I7, Approving
Summary of Ordinar,ce :Ind Ordering Publication of said
Pg. 2666
Pg. 2680
Pg. 2683 .1
Pg. 2686
Pg. 2690
Pg. 2692
City Council Agenda - 2 - Tues.,December 18, 1984
Summary. 9.63 acres for warehouse, office, research,
assembly, storage facility. Location: Northeast quadrant
of Valley View Road and Highway #169.
H. TECH THREE, by Technology Park Associates. 2nd Reading of
Ordinancu #125-84, Zoning District Change from Rural to 1-2,
Approval of Developer's Agreement for Tech Three, and Adoption
of Resolution #84-318, Approving Summary of Ordinance #125-84
and Ordering Publication of said Summary. 4.35 acres for
office/warehouse use. Location: South of W. 70th Street,
west of Washington Avenue.
I. EDEN PRAIRIE ATHLETIC CLUB by William O. Naegele, Trustee.
2nd Reading of Ordinance #126-84-PUD-12-84, Planned Unit
Development District Review of 17.7 acres and Zoning District
Change from Rural to Comnercial Regional Service for 10.11
acres, Approval of Developer's Agreement for Eden Prairie
Athletic Club, and Adoption of Resolution #84-319, Approving
Summary of Ordinance #126-84-PUD-12-84, and Ordering
Publication of said Summary. 17.7 acres for an Indoor-Outdoor
Athletic & Fitness Center. Location: Prairie Center Drive at
Singletree Lane.
J. Proposal from Fox, McCue & Murphy to serve as City's independent
auditor for the 1984 calendar year.
K. Resolution No. 85-10, approving Fees for the City of Eden
Prairie for 1985
L. Set Public Hearing for Diseased Tree Removal for January 22,
1985 at 7:30 PM
M. Request to the City Council to set a Public Hearing to review
the decision of the Board of Appeals & Adjustments regarding the
"Welcome Home" proposal at 7170 Bryant Lake Drive for
January 22, 1984
N. Request from Robert WorthinIton„ Opus Corporation, for a three
year extension on the ()pus Plaza Office Building
O. Final approval for Municipal Industrial Development Bonds
in the amount of $750,000.00 for Hornier Investments
Tkesolution No. 84-326)
P. HIDDEN GLEN 2ND ADDITION. 2nd Reading of Ordinance No.
139-g-F0=4-84, Rezoning from Rural to R1-22 to P00-4-
84-R1-13.5, Approval of Developer's Agreement for Hidden
Glen, and Adoption of Resolution No. 84-327, Approving
Summary of Ordinance No. 139-84-PUD-4-84 and Ordering
Publication of Said Sumniry.
Q. Purchase Agreeplent with Dolejli's for Hidden Glen Park
R. 22111121 tagd Donation
Pg. 2699
Pg. 2705
Pg. 2712
Pg. 2713
Pg. 2714
Pg. 2722
Pg. 2723
Pg. 2724
Pg. 2725
Pg. 2729
City Council Agenda - 3 - Tues.,December 18, 1984
IV. PUBLIC HEARINGS
A. BLUFFS EAST 3RD ADDITION by The Bluffs Company. Request for
Zoning District Change from R1-13.5 to R1-9.5 for 9.63 acres
for 29 single family lots. Location: West of Franlo Road,
South of Lee Drive. (Ordinance No. 128-84 - Amending
Ordinance No. 105-84, Rezoning from R1-13.5 to R1-9.5)
(Continued Public Hearing from November 20, 1984, and
December 4, 1984)
B. ROCKY ROCOCO PIZZA by The Preserve. Request for Zoning District
Change from Rural to Commercial Regional Service for 0.89 acres
for a restaurant; and Preliminary Plat of 0.89 acres into one
lot. Location: Southeast quadrant of Highway #169 and Medcom
Boulevard. (Ordinance No. 136-84 - Rezoning from Rural to
Commercial Regional Service; Resolution No. 84-325 - Preliminary
Plat)
hangstedt Service Centpr by The Preserve. Request for
Zoning District Change from Rural to Commercial Regional
Service for 1.53 acres for a restaurant; and Preliminary Plat
of 2.36 acres into one lot and two outlots for an auto
service center. Location: Southeast quadrant of Highway #169
and Medcom Boulevard. (Ordinance No. 133-84 - Rezoning from
Rural to Commercial Regional Service; Resolution No. 84-320 -
Preliminary Plat)
D. REYNOLDS PRINTING. Request for Planned Unit Development
District Review and Zoning District Change from Rural
to 1-2 for three acres and Preliminary Plat of 13.6 acres
into one lot and two outlots for an office/manufacturing/
warehouse facility. Location: Southeast quadrant of Valley
View Road and Mitchell Road. A public hearing. (Ordinance
No. 134-84 - Rezoning from Rural to 1-2; Resolution #84-321 -
Preliminary Plat)
E. EDENVALE EXECUTIVE PARK by Welsh Construction. Request
for Planned Unit Development District Review within the
Edenvale 9th Industrial Park of 22.6 acres, With variance
for more than 50% office use within the structure, and
Zoning District Change from Rural to 1-2 for approximately
9.0 acres for office/warehouse facility. Location:
Southeast quadrant of Valley View Road and Mitchell
Road. (Ordinance #135-84, Rezoning from Rural to 1-2;
Resolution No. 84-322 - Preliminary Plat)
F. NORTH BAY OF TIMBER LAKES 2ND ADDITION, by Richard Miller
Hom.--Request for Zoning District Amendment within RM-2.5
District (with variances) and Site Plan Review for 12 units
within three buildings on approximately 1.34 acres; and
Preliminary Plat of approximately 9.41 acres into three lots
and one outlot. Location: Northwest quadrant of County Road'
No. 4 and Timber Lakes Drive. (Ordinance No. 136-84 - Amending
Ordinance No. 326 within the RN-2.5 District; Resolution
No. 84-323 - Preliminary Plat)
C.
Pg. 2557
Pg. 2733
Pg. 2742
Pg. 2751
Pg. 2761
Pg. 2771
City Council Agenda - 4 - Tues.,December 18, 1984
G. APPENDIX E. A Public Hearing to discuss Appendix E, an
Optional appendix to the State Building Code, which would
permit the City of Eden Prairie to exceed the current
requirements of the State Building code in respect to the
installation of automatic fire suppression systems.
(Ordinance No. 138-84)
H. PROPOSED AMENDMENT TO ADVERTISING SIGN DISTRICT AND
PROPOSED AMENDMENT TO PUBLIC DISTRICT DEFINITION -Tgrdinance
No. 137-84)
PAYMENT OF CLAIMS NOS. 17455 - 17739
ORDINANCES & RESOLUTIONS
APPOINTMENTS
A. Appointment of 2 additional members to the Restoration
Committee
VIII. PETITIONS REQUESTS & COMMUNICATIONS
A. Dennis Maurer and Janet Rice, Southdale YMCA, regarding
Youth Counseling Services for Eden Prairie.
B. Doug Reuter request to speak to the issue of Residential
Refuse Collection Contract.
IX. REPORTS OF ADVISORY COMMISSIONS
A. Charter Study Committee - Final Report
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
C. Report of City Attorney
1. Settlement of action against Barbarossa & Sons
regarding damage to property in Water Treatment
Plant
XI. NEW BUSINESS
XII. ADJOURNMENT
V.
VI.
VII.
Pg. 2780
Pg. 2783
Pg. 2786
Pg. 2792
Pg. 2793
Pg. 2795
Pg. 2808
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 2, 1984
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present
7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
Mayor Wolfgang H. Penzel, Richard Anderson, Geo
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 Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording Secretary
Karen Michael
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other
Items of Business as published. Motion carried unanimously.
II. CONSENT CALENDAR
A. Resolution No. 84-268, approving Election Judges for General Election
B. Final Plat approval for Edenvale 18th Addition (Resolution No. 84-259)
C. Final Plat approval for Edenvale 19th Addition (Resolution No. 84-260)
D. Final Plat approval for Edenvale 9th Addition (Resolution No. 84-261)
E. Final Plat approval for Portnoy's 3rd Addition (Resolution No. 84-262)
F. Final Plat approval for Golden Strip East 2nd (Resolution No. 84-264)
G. Set Public Hearing_for November 6, 1984, to consider vacation of excess
Fight-of-way adjacent to Edenvale 9th Addition
City Council Minutes -2- October 2, 1984
H. Award contract for Horseman's 6th Addition Golden Triangle Drive and
74th Street, I.C. 52-065 (Resolution No. 84-2661 -----
I. 1st Reading of Ordinance No. 115-84, amending City_ Code Sec. 2.05 relating
to saferies of Mayor and Council members
J. Dellwood Special Assessment release (Resolution No. 84-266)
K. 2nd Reading of Ordinance No. 114-84 City Code Amendment to Section
11.70 to regulate sigils_2t the Flying Cloud Airport
L. VALLEY LAKE BUSINESS CENTER by GSB Investments. 2nd Reading of Ordinance
No. 103-84, rezoning from Rural to 1-2, approval of Developer's Agreement
for Valley Lake Business Center; and adoption of Resolution No. 84-256,
approving Summary of Ordinance No. 103-84 and ordering publication of said
Summary for Valley Lake Business Center. 10.63 acres into one lot and one
outlot. Location: west of Prairie Center Drive, south of Valley View Road,
along the northwest shore of Smetana Lake,
M. VALLEY VIEW PLAZA by Frantz Klodt. 2nd Reading of Ordinance No. 109-84,
rezoning from C-Regional to Office and approval of Resolution No, 84-257,
approving Development Plan for Valley View Plaza. 5.22 acres into one lot
and one outlot. Location: north of Valley View Road at Office Ridge
Circle.
N. Clerk's License List
MOTION: Bentley moved, seconded by Anderson, to approve items A - N on the
Consent Calendar, Motion carried unanimously,
III. PUBLIC HEARINGS
A. MUIRFIELD by Tandem Corporation. Comprehensive Guide Plan Amendment from
roi., Density Residential to Medium Density Residential for approximately
25 acres; Planned Unit Development District Review, with variances, and
zoning from Rural to R1-13.5 for approximately 11,0 acres and from Rural
to RI-9.5 for approximately 25 acres; preliminary plat of 36 acres into
119 single family lots. Location: north side of Valley View Road, east
of Park View Lane. (Resolution No. 84-269 - Comprehensive Guide Plan
Amendment; Ordinance No. 116-84 - rezoning; and Resolution No. 84-270 -
preliminary plat) - continued Public Hearing from August 28, 1984
City Manager Jullie noted this request had been continued from the August
28, 1984, meeting of the City Council. Since that date, the applicant has
prepared a new plan which has been reviewed by the Planning Commission.
Notice of this Public Hearing was published and property owners in the
project vicinity were notified.
/
City Council Minutes -3- October 2, 1984
Jim Ostenson, Tandem Corporation, addressed the request. Also present
were Lyle Nash, representino Twin City Federal, Rose Pavelka, owner
of the property, and Ken Adolph, engineer with Schoell Madsen.
Planning Director Enger stated this proposal had been considered by the
Planning Commission at its September 24, 1984, meeting at the direction
of the City Council. Upon review of the new plan, the Planning Commission
felt that this, in general, was no different than a typical subdivision.
They did not feel the plan offerred anything different to warrant a Guide
Plan Change and recommended to the Council on a 4 - 2 vote: it suggests
the Council not adopt the recommendation relative to the Comprehensive
Guide Plan Amendment regarding the change from low density residential
to medium density residential for approximately 25 acres because the
proponent has not provided adequate justification for the Guide Plan
change, as a result a precedent could be set. However, notwithstanding
the foregoing suggestion: because of the requirement of State Statutes,
that a City Council may adopt an amendment to the Comprehensive Guide
Plan only after receipt of a positive recommendation of a majority of
Planning Commission members, it is hereby recommended that the request
by the Tandem Corporation for a Comprehensive Guide Plan Amendment from
low density residential to medium density residential for approximately
25 acres of the project known as Muirfield be approved based upon the
revised plans dated September 15, 1984, subject to the recommendations
of the Staff Report dated September 21, 1984. The Planning Commission
went on to recommend denial of the rezoning and the request for the pre-
liminary plat. The reason for denial was that it did not correspond to
the Comprehensive Guide Plan. Enger noted that the Commission wished to
pass on to the Council that it felt that should the Council find that the
Comprehensive Guide Plan change was substantiated, that the preliminary
plat and rezoning requests - as presented and as reviewed with recommended
changes as noted in the September 21, 1984, Staff Report - were acceptable
to the Planning Commission.
Bentley asked if the two specific densities which were recommended for the
site were discussed in any of the Staff Reports. Enger stated the 3.25 units
per acre density was discussed as an average in the first Staff Report. The
second Staff Report gave comparisons.
Penzel asked if this plan had been shown to the neighborhood. Ostenson
said it had been.
Bob Turk, 6691 Boyd Avenue, noted that there were not many neighborhood
residents here tonight because everyone is very busy; he stated countless
hours had been spent by the residents reviewing plans for Muirfield. He
said some of the changes which have been made are only cosmetic. He posed
the question: "What is different about this plan to warrant a Guide Plan
change?" He also wondered about a precedent being set should the Guide Plan
be changed, and the effect it would have on other developers who will then
request the same, He said he found it hard to believe the developer could
not conform to the Guide Plan. He stated that everyone has said the density
is too hight.
City Council Minutes -4- October 2, 1984
Redpath said that about four years ago the Council had m
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decision and effort to do something about the high cost of housing by
allowing 9.5 zoning. He said in his mind the justificat
i
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f
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r
a
G
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e
Plan change is to bring down the cost of housing. He sa
i
d
t
h
e
w
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r
d
"guide" does not mean that something is cast in stone.
Bentley noted the Council had made Guide Plan changes i
n
t
h
e
p
a
s
t
.
H
e
said he felt the Guide Plan is a guide to be followed g
e
n
e
r
a
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l
y
.
H
e
s
a
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he was not totally convinced that a Guide Plan change was
r
e
q
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r
e
d
h
e
r
e
.
He asked what would happen if a project like this were zo
n
e
d
1
3
.
5
-
-
would it still be above 2,5 units per acre. Enger said h
e
h
a
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n
o
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o
k
e
d
at that, but it would be possible.
Penzel said he felt there should be a provision made for
a
t
r
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s
i
t
i
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n
between neighborhoods. To be consistent with past procedu
r
e
h
e
f
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t
a process of transition was in order here.
Jack McCreery, 7109 Park View Lane, said he had seen four
d
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f
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e
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e
n
t
p
r
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p
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s
for this project. He said that to say there is a transiti
o
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e
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c
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e
there is only one block zoned 13,5 before there is a 9.5
b
l
o
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k
.
Ostenson said there are assessments of $40,000 - $45,000
p
e
r
a
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r
e
o
n
t
h
i
s
property for the construction of Valley View Road. Becau
s
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o
f
t
h
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c
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t
,
more lots in the development are necessary to carry the c
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f
t
h
e
r
o
a
d
.
Bentley asked what the standard lot size in Edenvale and The Preserve are.
Enger said 10,000 - 11,000 square feet.
Redpath asked if the proponent would be agreeable to adju
s
t
i
n
g
f
r
o
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t
a
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e
s
as recommended in the Planning Staff Report, Ostenson sa
i
d
t
h
a
t
w
a
s
acceptable.
Penzel asked about the lot size in the Apple Groves dev
e
l
o
p
m
e
n
t
.
E
n
g
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said that was zone 9.5 and the lots were between 12,000
a
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1
4
,
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feet in area. Penzel asked about the frontage of the lo
t
s
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S
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Field. Enger said they were 120'.
Anderson expressed concern about the trail connection t
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p
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k
,
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said that school children could walk to school if the tr
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was built and providing the trail were maintained on a y
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.
MOTION: Redpath moved, seconded by Anderson, to close
t
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e
P
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e
a
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and to adopt Resolution No. 84-269, amending the Comprehen
s
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M
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Plan.
Bentley asked what the feeling of other Council members wa
s
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e
g
a
r
d
i
n
g
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e
second tier of lots. Tangen said he felt if that change w
e
r
e
t
o
b
e
m
a
d
e
,
the Council would then be considering a new plan. He said
h
e
h
a
d
n
o
t
s
e
e
n
the justification for a Guide Plan change. Tangen stated he did not want
to see the Council set a precedent. He noted that when he
c
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t
h
e
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2(.61-)
City Council Minutes -5- October 2, 1984
four years ago, the standard was 2 units per acre; now the Council is
looking at proposals which have over 3 units per acre. He indicated
he would have difficulty in supporting this change. Tangen said he
would vote against the Guide Plan change and he would not support the
plan
Redpath said there is a need in the community for this type of development.
He said he felt 9500 square feet is a reasonable figure when the City
isn't ready for zero lot line type developments.
Anderson said 9.5 . zoning was already in place when he came on the Council.
He said he strongly believed in the transition between zoning districts.
He said if the Council were to change the one tier of housing to 13.5
it might work better.
Rose Pavelka, property owner, said she had fought the quarter million
dollars in assessments. She said she could not understand why there could
not be a higher density in the housing along Valley View Road which is one
of the most highly travelled in the City.
Dave Hackman, 18212 Valley View Road, said the decision on whether it
should be 9.5 or 13.5 zoning comes down to the decision as to what type
of neighborhoods and life styles should be in that area.
Maureen Brady, 18216 Valley View Road, said she did not want to see this as
an area of high density. She said ten years ago she was not in favor of
Valley View Road being constructed through that area,
Bentley said he felt the argument for justifying the change was whether
or not the basic concept of this proposal has some merit and then how
much merit does it have.
Turk said the Sterling Field lots to the north of this have 110 frontages
and those which would abut them would be 80' so each Sterling Field lot
would be disected by two lots. He said multiple density housing will
probably go in to the east on the remaining 15 acres of the Pavelka
property.
Bentley suggested that something be done so that the lots abutting adjacent
neighborhoods be matched with the existing lot lines to the north and west.
He noted this had been done in other areas. Ostenson said he did not see
what purpose would be served by doing that, He noted the costs are all
passed on to the buyer; the City should be concerned about the financing
-- that has all been arranged for and is an important feature of any
project. He said screening could be put in which would block the view
of the lot-size variations.
26%
City Council Minutes -6- October 2, 1984
Tangen said from the discussion he thought perhaps the plan should be
modified which in turn would justify modifying the Guide Plan. He sug-
gested 13.5 zoning be considered across the northern portion of the
westerly half of Block 4. He asked Enger what would be lost by doing
that. Eager said one lot would be lost on the north, two in the middle
and one on the east; the density would then be at approximately 2.9 units
per acre. Tangen said he did not know if that would make the proposal
economically feasible or not, but it might make it more attractive and
would create a better transition.
City Attorney Pauly suggested that Redpath's motion be amended to combine
the substance of the motion relative to the preliminary plat to include
those conditions so that it would be subject to those conditions.
AMENDMENT TO THE MOTION: Bentley moved, seconded by Redpth, to amend
the motion to include Resolution No. 84-270, approving the preliminary
plat of the Muirfield Addition for Tandem Corporation, with the changes
as discussed here this evening.
Tangen said he felt it was necessary to have the details as to what
was going to be included. Enger said this would include a Comprehensive
Guide Plan change, approval of the preliminary plat subject to a reduction
in the northern area of Block 2 by one lot; in the area south of Boyd Avenue
in Block 3 the lots would be 13.5 which would mean a reduction of approximately
two lots; and in the area on the east side of Boyd Avenue there would be a
reduction of one lot making that a 13,5 area; and in Block 4, there would
be a reduction of one lot.
Tangen said he would like to have the developer have the option in Block
4 of making all of that 13.5, He said he would rather see transitions
in back yards and not in front yards.
VOTE ON THE AMENDMENT: Motion carried unanimously,
VOTE ON THE MOTION AS AMENDED: Motion carried unanimously,
MOTION: Redpath moved, seconded by Anderson, to give 1st Reading to
Ordinance No. 116-84, rezoning, which will conform with the platting
as discussed this evening.
Penzel asked that the Council have a copy of the revised plat before it
prior to adoption of the final plat.
VOTE ON MOTION: Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare
a Developer's Agreement taking into consideration the recommendations
of various Commissions, Staff and the City Council.
Anderson said the trail in this area should be constructed so it can be
plowed.
City Council Minutes -7- October 2, 1984
VOTE ON THE MOTION: Motion carried unanimously.
Tangen noted the developer had requested a permit to do preliminary grading.
He said he would like to have the recommendation of Staff regarding this.
Tangen stated that the Council had made a decision last year that this is
something which it did not wish to happen; if it is to occur, there must
be a strong positive Staff recommendation supporting the need.
B. BLUFFS WEST 5TH ADDITION by The Bluffs Company. Request for Zoning
District Change from R1-22 to R1-13.5 for 14.5 acres and preliminary
plat of 14.5 acres into 32 single family lots. Location: south of
Riverview Road, east of West Riverview Drive. (Ordinance No. 106-84 -
zoning and Resolution No. 84-215 - preliminary plat) Continued Public
Hearing from September 4, 1984
City Manager Jullie indicated this Public Hearing was continued from
September 4, 1984,
Mayor Penzel noted at the previous hearing a major issue was the question
of storm drainage in the Bluffs West area.
Director of Public Works Dietz reviewed the findings relative to storm
drainage in the area. He reviewed possible ways of alleviating the drainage
problems in the area. Dietz noted that most of the outlots were constructed
for storage of water produced by a ten-year rain; the tot lots were designed
for storage of storm water during wet periods -- these were known as "innun-
dation areas."
Regis Betsch, 11941 Pendleton Court, stated that any constructior of a
drainage ditch on the hill would cause undue erosion. Betsch said that
Federal agencies would be upset with any dumping of water in this area,
Dietz said any proposal would require a DNR and Watershed District permit.
He added that the main concern both agencies would have was with silt being
dumped in the area. Betsch said they do not want any leaching in the wild-
life refuge area. Dietz noted the Metropolitan Waste Control Commission
has a pipe going through this area.
Penzel had a question as to how the cost of the improvement might be assessed.
Dietz said he looked at this in much the same way as the Bluffs East project
where the developer was required to bring the pipe on through. He indicated
this was now the time to construct this pipe.
Dr. James Diehl, 10530 West Riverview Drive, asked if this drainage system
was necessary only because of the zoning change. Dietz said the need was
created because of development -- the paving of Riverview and the construc-
tion of homes in the area; it was was not necessarily the result of the
zoning change under request. .
Diehl asked who would pay for this. Dietz said his recommendation would be
to have the proponent pay for all but a small portion of it based on the
street improvements which would then be assessed to the adjacent property
owners.
Council Minutes -8- October 2, 1984
Brendan O'Donnell, 11590 Riverview Road, said the issues
a
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t
w
o
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f
o
l
d
.
H
e
referred to a letter sent to then City Engineer Jullie in 1979. He asked
the Council to defer any development proposals until the
s
t
o
r
m
d
r
a
i
n
a
g
e
problems are resolved. The issues are whether or not to
f
i
x
t
h
e
p
r
o
b
l
e
m
now or, to add to the problem and fix it at a later date
.
H
e
s
t
a
t
e
d
t
h
a
t
all the approvals for the drainage should precede actio
n
o
n
t
h
e
p
a
r
t
o
f
the City Council.
Ellen Koshenina, 10541 Riverview, said they were pleased
w
h
e
n
t
h
e
C
i
t
y
Council requested .a study of the drainage problem in this area. She said
they were not happy to hear that the same firm which had
d
o
n
e
t
h
e
w
o
r
k
f
o
r
the Hustads was also working for the City. She said the
y
w
a
n
t
t
o
m
a
k
e
s
u
r
e
the solution is the right one. She asked if the environ
m
e
n
t
a
l
i
s
t
s
h
a
d
b
e
e
n
involved in this. She also asked what the potential pro
b
l
e
m
s
m
i
g
h
t
b
e
.
Dietz said the consultants had only supplied the City with
t
h
e
"
b
l
u
e
l
i
n
e
"
drawings and that City Staff had done the remaining wor
k
.
Diehl asked if there was some way to prevent undue eros
i
o
n
o
r
a
w
a
y
t
o
restore the contours of the land.
Betsch wondered if there had been any estimates made as t
o
h
o
w
m
u
c
h
m
o
r
e
it would cost to run the drainage pipe to the river via R
i
v
e
r
v
i
e
w
R
o
a
d
,
Dietz said he didn't make those estimates; he said it wou
l
d
c
o
s
t
a
b
o
u
t
$70,000 to do what now needs to be done. Anderson noted there would be
no land acquisition costs involved in using Riverview Roa
d
s
i
n
c
e
t
h
e
City already owns that property. Redpath said the Counci
l
m
u
s
t
d
e
t
e
r
m
i
n
e
what is the best solution. Bentley said he felt considera
t
i
o
n
m
u
s
t
b
e
g
i
v
e
n
to the environmental problems; he said he was not convin
c
e
d
t
h
a
t
a
l
l
t
h
e
alternatives had been looked at. Anderson said he would
l
i
k
e
t
o
s
e
e
a
plan for storm water drainage before he approves another
p
l
a
n
.
Penzel
asked how long it would take to make the necessary review
o
f
t
h
i
s
a
r
e
a
.
Dietz asked if the Council was requesting a feasibility r
e
p
o
r
t
o
r
a
preliminary assessment roll -- it would take between six
w
e
e
k
s
t
o
t
w
o
months to do a report.
Bentley asked if approval of the Bluffs 5th proposal req
u
i
r
e
d
r
e
s
o
l
v
i
n
g
this issue. Dietz said there has to be a permanent solut
i
o
n
t
o
t
h
e
d
r
a
i
n
a
g
e
problem at some time and this seems to be the time,
Wally Hustad, Jr., proponent, said he would like to have
t
h
i
s
l
o
o
k
e
d
a
t
further; he would like to work out something whereby the
y
c
o
u
l
d
h
a
v
e
a
1
s
t
Reading of the Ordinance this evening,
Dietz said he would be able to come back to the City Cou
n
c
i
l
w
i
t
h
a
feasibility study at the second meeting in January.
Charles Koshenina, 10541 Riverview, said he felt that be
f
o
r
e
t
h
e
i
n
t
e
g
r
i
t
y
of the hillside is breached, we must look at what we are
d
o
i
n
g
.
Betsch said he would like the Council to construct a sol
u
t
i
o
n
t
o
t
h
e
p
r
o
b
l
e
m
before allowing approval of any more homes,
y Council Minutes -9- October 2, 1984
Tangen said the Council had not addressed the question of the plat.
He noted there were other issues that were raised in the proposal. He
asked if the developer was interested in proceeding with the drainage
if the development was not approved at this time. Hustad said if the
proposed plat was denied, he would have to sell the property to someone
else. He said that was a hard question to answer.
Anderson asked what affect waiting to January would have on the developer.
Busted said money is available and the home builders are ready, so it would
"hurt" some. He said he would like to work out something.
Redpath asked if it would be proper to ask Staff to look at pending on the
west side. Bentley said the Council would not know whether or not that
is the correct solution. Bentley said he would not agree to anything
prior to a feasibility study.
Hustad asked if they could improve the cul-de-sacs and work on the drainage
problems with the City at the same time.
MOTION: Anderson moved, seconded by Bentley, to continue the Public
Hearing and to defer any action on this proposal until the second meeting
in January (January 22, 1984) at which time a feasibility study will be
presented to the City Council. Motion carried with Redpath and Tangen
voting "no."
C. EDENVALE II by Richard Anderson, Inc, Request for Preliminary Plat of
4:-57 acres for one lot and approval of permit to construct within the
floodplain, Location: north of Martin Drive and west of Mitchell
Road. (Resolution No. 84-258 - preliminary plat and Resolution No.
84-2Yi - floodplain permit)
City Manager Jullie said notice of this Public Hearing had been published
and property owners in the project vicinity had been notified.
Scott Anderson, proponent, and Warren Israelson, consultant, addressed
the proposal.
City Planner Enger said this request had been reviewed by the Planning
Commission at its September 10, 1984, meeting at which time it voted to
recommend approval subject to the recommendations included in the September
7, 1984, Staff Report.
Tangen asked for clarification on the lighting. Scott Anderson said there
would be 20' cut-off luminars in the parking lot; they would eliminate
glare across the golf course to the north.
Anderson said he had concern 'about how this would look from the golf
course; he asked that deciduous trees be used to screen the area.
Ty Council Minutes -10- October 2, 1984
Penzel asked if it would be more reasonable to build in the floodplain
and have the parking on the south side of the building rather than on
the north.
Tangen asked if the 20' lights were "cast in stone." He said he would
like to see evergreens included to buffer.the parking.
Scott Anderson said he would not be averse to putting in evergreens.
He indicated Staff had suggested creek-type plantings such as weeping
willows.
Enger noted this site was previously zoned.
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing
and to adopt Resolution No. 84-258, approving the preliminary plat of
Edenvale II for Anderson Development, Inc. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
84-271, granting a permit for construction within a designated floodplain
area for Richard W. Anderson, Inc., for Edenvale II. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare
a Summary Resolution of Approval as recommended by the Commissions and
Staff; and with the recommendation that 15' be the maximum for the cut-off
luminars and that plantings include evergreen trees. Motion carried with
Anderson voting "no."
D. REQUEST FOR PRELIMINARY APPROVAL OF MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS
Ifl-THE AMOUNT-OF $3,00qipoo.00 FOR VALLEY VIEW ASSOCIATEI—TRes -O-futiO-6-67
84-272)
City Manager Jullie indicated notice for this project was published,
Al Shackman, Ryan Development, was present to address the proposal.
Finance Director Franc' said the proponent is asking to "get in line"
In the event the City has some unused allocations available at the end
of the year.
MOTION: Bentley moved, seconded by Redpath, to close the Public Nearing
and to adopt Resolution No. 84-272, determining to proceed with a project
and its financing under the Minnesota Municipal Industrial Development Act;
referring the proposal to the Minnesota Energy and Economic Development
Authority for approval and authorizing preparation of necessary documents,
Motion carried unanimously.
Council Minutes -11- October 2, 1984
MOTION: Bentley moved, seconded by Redpath, to authorize the preparation
of a joint powers agreement with parties yet to be named. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Tangen, to allow Valley View Associates/
Ryan Construction to have first option to use MIDBs for projects which
may have their funding forfeited if they default. Motion carried unanimously.
IV. PAYMENT OF CLAIMS NOS. 16033 - 16310
MOTION: Anderson moved, seconded by Bentley, to approve the Payment of Claims
Nos. 16033 - 16310. Roll call vote: Anderson, Bentley, Redpath, Tangen and
Penzel voted "aye." Motion carried unanimously.
V. ORDINANCES & RESOLUTIONS
A. Resolution No. 84-267, grantiu_preliminly approval of Municipal Industrial
DTfelopment BondT -in tile amount of -1400,0 0. OOTorR17fJkeries
Finance Director Frane noted his memorandum of September 27, 1984, in
which this was addressed.
The proponent was represented by his bond counsel, Faegre & Benson, who
spoke to the request.
MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No.
84-267, allocating bond issuance authority to industrial development
project to be undertaken by McGlynn Bakeries, Inc. Motion carried
unanimously.
B. 2nd Reading of Ordinance No. 117-84, zoning_district change from Rural
to R1-13.5, and adoption of Resolution No. 84-211, approving_Develsipment
PI-ill—Tor Bluffs West Ith Addition. 6 lots on 2 acres. Location:
northeast quadrant of Riverview -Road and Homeward Hills Road,
Director of Public Works Dietz indicated this area was out of the area
affected by the drainage problems which had been discussed with the
Bluffs West 5th Addition proposal,
MOTION: Bentley moved, seconded by Redpath, to give 2nd Reading to
Ordinance No. 117-84, rezoning. Motion carried unanimously,
MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No,
84-211, setting forth specific conditions of Council approval of Bluffs
West 4th Addition for the Bluffs Company for six single family lots on
two acres. Motion carried unanimously,
2c, 16
f; Council Minutes -12- October 2, 1984
:ION: Bentley moved, seconded by Anderson, to continue the meeting beyond the
:20 p.m. deadline. Motion carried unanimously.
PETITIONS, REQUESTS & COMMUNICATIONS
A. Review of decision of Board of Appeals & Adjustments regarding Variance
No. 84-45 for Hans Hagen Homes
City Manager Jullle noted that Hans Hagen Homes requested a variance in
the Northmark 4th Addition. The request would allow a side yard setback
to he 15 feet instead of the Code-required 30 feet so that two townhomes
would be able to have two-car garages. Staff recommended denial because
the plat was approved with a mix of one- and two-car garages which were
not shown by specific housing unit. The conditions of the plat and or-
dinance can be met and thus there has been no demonstration of hardship.
The Board of Appeals & Adjustments, however, approved the request subject
to possible appeal to the City Council.
Bentley said he had requested this be brought to the Council because of a
question of fairness. He noted that a resident who lives across the
street from the proposed variance had started to put up a structure
and had to appear before the Board of Appeals about a year ago. The Board
denied this variance. Bentley said he did not feel it was fair to grant
a variance on one side of the road and not the other. He said he did
not think the Hagen project was diminished by having single car garages.
Penzel said he had concerns about the setbacks on Center Way. Bentley
said there is no room for screening or berming. Tangen asked the basis
for denial by Staff. Enger reviewed the Board's action.
Hans Hagen was present to answer questions and explain the situation,
MOTION: Tangen moved, seconded by Anderson, to grant the variance
as requested on Hyland Terrace and to deny the variance on Center Way,
Motion carried unanimously,
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Penzel - called attention to a letter of September 27, 1984, from
Vantage Companies (attached to these Minutes,)
Bentley - reported he had been appointed to the Metropolitan Council's
Transportation Advisory Board.
26-0
y Council Minutes -13- October 2, 1984
B. Report of City Manager
I. Review of proposed 1985 City Budget (continued from September 25, 1984)
City Manager Jullied noted there was a slight change in the projected
assessed valuation; the valuation would be about 1.8% or $94,000 less
than projected.
Jullie reviewed his memorandum of September 28, 1984, in which he
addressed. various ways in which the budget might be reduced.
The consensus was to defer the Community Center reserve item, roller
blades to be eliminated, and to eliminate the position of fire inspector.
MOTION: Anderson moved, seconded by Tangen, to approve the 1985 Budget
as amended, Motion carried unanimously.
2. Discussion on Recycling. Program
City Manager Jullie called attention to the September 27, 1984,
memorandum in which recylcing solid waste was addressed.
Bentley said he thought this was an excellent idea. He said he would
like to see representatives from the waste hauling community on the
Committee.
MOTION: Bentley moved, seconded by Anderson, to appoint an advisory
committee to study recycling as outlined in Assistant to the City
Manager Dawson's memorandum of September 27, 1984. This committee
will have at least one representative from the waste hauling community,
one from the Planning Commission, and one from the Parks, Recreation
& Natural Resources Commission with a maximum number of eleven members
with 7 - 9 being preferable, The members will be appointed at the
second meeting in November, Motion carried unanimously.
3. Set Joint City Council/Planning_Commission meeting date
Action on this item was deferred.
4. November 6 Council meeting date
MOTION: Bentley moved, seconded by Tangen, to set the time of the
November 6, 1984, City Council meeting for 8 p.m. due to the elections.
Motion carried unanimously.
C. Report of City Attorney .
There was no report.
2C1
ty Council Minutes -14- October 2, 1984
NEW BUSINESS
There was none.
X. ADJOURNMENT
MOTION: Bentley moved, seconded by Tangen, to adjourn the meeting at 12:07
a.m. Motion carried unanimously.
zc,a19
December 18, 1984 •
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 84-323
A RESOLUTION APPROVING FINAL PLAT OF
BLUFFS EAST THIRD ADDITION
WHEREAS, the plat of Bluffs East Third 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 Bluffs East Third Addition is
approved upon compliance with the recommendation of the
City Engineer's report on this plat dated December 12,
1984.
B. That the City Clerk is hereby directed to supply a
certified copy of this Resolution to the owners and
subdivision 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.
ADOPTED by the City Council on December 18, 1984.
Wolfgang H. Penzel, Mayor
ATTEST
SEAL
John D. Crane, Clerk
2i1i0
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
Mayor Penzel and City Council Members
Carl J. Jullie, City Manager
Eugene A. Dietz, Director of Public Works
David L. Olson, Senior Engineering Technician
December 12, 1984
BLUFFS EAST THIRD ADDITION
PROPOSAL:
The—developer, The Bluffs Company, has requested approval of the final plat
of Bluffs East Third Addition located south of Pioneer Trail (Co. Rd. #1)
and west of Frani° Road in the South 1/2 of Section 25. The plat now
submitted is a replat of Outlets D and E, Bluffs East First Addition,
containing 29 single family lots within approximately 9 acres.
HISTORY:
The prJiminary plat of Bluffs East was approved by the City Council on
September 4, 1984, per Resolution 84-234.
Zoning to RI-13.5 was finally read and approved by the Council on November
6, 1984, per Ordinance 107-84. The developer has since requested a zoning
change to RI-9.5 which is scheduled for City Council consideration on
January 22, 1985.
The Developer's Agreement referred to within this report was executed on
November 6, 1984.
VARIANCES:
Alf -O -aier variance requests not covered through the Developer's Agreement
must be processed through the Board of Appeals.
UTILITIES AND STREETS:
Utilities and streets necessary to serve this site have been installed.
A permanent solution for an existing storm drainage problem must be
provided to and approved by the Engineering Department prior to release of
the final plat.
PARK DEDICATION:
The requirements for park dedication are covered in the Developer's
Agreement.
BONDING:
A firTancial guarantee covering the installation and completion of the storm
sewer system, referred to under utilities and streets, will be required
prior to release of thmm final plat.
Maintenance bonds will be submitted to cover inplace improvements in
conformance with City standards.
Pg. Final Plat Bluffs East Third Additon 12/13/84
RECOMMENDATION:
Recommend approval of the final plat of Bluffs East Third Addition subject
to the requirements of this report and the following:
I. Receipt of street lighting fee in the amount of
$2,340.00.
2. Receipt of engineering fee in the amount of $870.00.
3. Receipt of acceptable storm sewer plans.
4. Satisfaction of bonding requirements.
DLO:sg
cc: H. Hustad, Jr.
RCM
2 1,
December 4, 1984
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 84-324
A RESOLUTION APPROVING FINAL PLAT OF
TECHNOLOGY PARK 2ND ADDITION
WHEREAS, the plat of Technology Park 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 Technology Park 2nd Addition is
approved upon compliance with the recommendation of the
City Engineer's report on this plat dated December 13,
1984.
B. That the City Clerk is hereby directed to supply a
certified copy of this Resolution to the owners and
subdivision 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.
ADOPTED by the City Council on December 18, 1984,
Wolfgang H. Penzel, Mayor
ATTEST SEAL
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
Mayor Penzel and City Council Members
Carl J. Jullie, City Manager
Eugene A. Dietz, Director of Public Works
Rodney W. Rue, Design Engineer'Ar4
December 13, 1984
TECHNOLOGY PARK 2ND ADDITION
PROPOSAL:
The- de nTeloper, Technology Park Associates (Hoyt Development), is requesting
City Council approval of the final plat of Technology Park 2nd Addition.
This plat consists of one lot (4.36 acres) which was previously platted as
Outlot A, Technology Park located in the South 1/2 of Section 12. Lot 1,
Block 1 is intended for 1-2 Park use with a 55,994 square foot office
warehouse building.
HISTORY:
The preliminary plat was approved on November 20, 1984, per Resolution 84-
304.
A second reading of Ordinance 125-84 by the City Council rezoning the 4.36
acre lot (Lot 1, Block 1) to 1-2 Park is scheduled for December 18, 1984.
The Developer's Agreement referred to within this report is scheduled to
execution on December 18, 1984.
VARIANCES:
Var-iances to be allowed are described in the Developer's Agreement. All
other variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS:
Sanitary sewer service to this property will be provided by a municipal
sewer line located within Technology Park. Water main to serve this
property is available on West 76th Street.
The developer shall obtain a slope easement or agreement with the property
owner to the north (Herliev lid le) concerning the grading on his property
prior to release of the final plat.
The traffic study and right-of-way dedication referred to in the
Developer's Agreement shall be provided to the City prior to any further
development.
As a condition of approval for Technology Park 2nd Addition, the sidewalk
along the entire length of West 76th Street within both Technology Park
subdivisions shall be constructed as part of this development. The
appropriate bonding requirements are covered in the Developer's Agreement.
Pg. 2, Final Plat Technology Park 2nd Addition - 12/13/84
PARK DEDICATION:
The requirements for park dedication are covered in the Developer's
Agreement.
BONDING:
r7Fquirements for bonding are covered in the Developer's Agreement.
RECOMMENDATION:
Recommend approval of the final plat of Technology Park 2nd Addition
subject to the requirements of this report, the Developer's Agreement and
the following:
1. Receipt of engineering fee in the amount of $100.00.
2. Execution of the Developer's Agreement.
3. Second reading of Ordinance 125-84.
4. Satisfaction of bonding requirements.
• 5. Receipt of slope easement or agreement with Henley
Helle.
RWR:sg
cc: Brad Hoyt
Ron Krueger
JOINT POWERS AGREEMENT
THIS AGREEMENT, made and entered into this day of
1984, by and between the BOARD OF WATER COMMISSIONERS of the City of Saint Paul,
hereinafter referred to as 'BOARD", and the CITY OF EDEN PRAIRIE, hereinafter
referred to as "CITY".
WHEREAS, Northern States Power Company, supplies electric energy to
commercial, industrial and residential customers in the State of Minnesota; and
WHEREAS, NSP has in the past included within its rate structures a rate
classification for municipal pumping purposes, which rttes are subject to th?.
jurisdiction of the Minnesota Public Utilities Commission; and
WHEREAS, NSP, as a part of its last rate, ilings with the Commission,
proposed to eliminate the municipal pumping rate schedule and to apply a rate
schedule that would have greatly increased the electrical energy costs of
municipal pumping purposes to the detriment of the public; and
WHEREAS, the parties hereto anticipate that NSP may soon file again with
the Commission for the purpose of requesting cal increase in electric eneru
rates and the elimination or modification of the existing municipal pumping rate
schedule, all to the possible detriment of these parties; and
WHEREAS, the parties hereto desire to cooperate with each other and to join
together for the purpose of preparing for and, if necessary, filing for an
appearance before the Public Utilities Commission so as to preserve the existing
municipal pumping rate schedule and 'maintain a fair and equitable electric
energy charge to these parties consistent with the conservation practices of the
parties and the benefits to be derived by the public thereby.
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the
parties hereto do hereby agree as follows:
1. In anticipation of NSP filing a petition with the Public Utilities
Commission for an increase in electrical energy charges and a change or
elimination of the municipal pumping rate schedule, the Board shall contract for
consultant services with Ashley Engineering, Inc. the following services:
PHASE I - Background Investigation and Strategy Development
Task 1 - Review likely NSP rate filing
strategies and determine thrust of investi-
gation.
Task 2 - Accumulate and analyze operational
data of all participants to identify impacts
of rate design changes. Evaluate group rate
concepts, and perform an informal cost of
service study.
Task 3 - Identify the key issues and develop
an over-all plan for preparation of a direct
case for intervention.
The estimated cost for Phase 1 consultant services is $15,000.00.
2. In he event NSP does file for an electrical rate increase in 1985,
Board shall retain the services of Ashley Engineering, Inc. to perform the
following tasks:
PHASE II Intervention and Prepare Direct Case
Task 1 - Study the NSP rate filing, N.S.P.
testimony and supplemental data and develop
interrogatories.
Task 2 - Analyze filing data and interrogatory
responses and further analyze the municipal
pumping characteristics to support the develop-
ment of our direct testimony.
Task 3 - Prepare and file direct testimony.
- 2 -
PHASE III - Participate in Formal Hearings
Task 1 - Study direct testimony and prepare
questions for cross-examination.
Task 2 - Testify.
Task 3 - Study rebuttal testimony and develop
questions for cross-examination.
Task 4 - Prepare surrebuttal testimony and
tesfifY.
Task 5 - Prepare final brief and oral arguments.
Estimated costs for Phase II and Phase III services are $15,900.00
and $8,100.00 respectively.
3. If and when necessary, Board shall contract for legal services to
prepare for and to intervene as a party in the NSP's rate filing. It is
estimated that such legal services will be at the rate of $75.00 per hour
through 1964 and $80.00 per hour in 1985, and, depending upon the complexity and
opposition, the total cost is estimated at an amount not to exceed $25,000.00.
4. City shall participate in the cost of consultant and legal expenses
incurred by the Board, for services described above, the amount of such
contribution to be based upon and determined by taking the City's total 1983
Water Utility electrical energy costs; divided by the combined water energy cost
of all participating cities multiplied by the consultant and legal services
fees. Board shall bill City on a quarterly basis setting forth the current costs
of services and the amount then owing by the City. City shall transmit
reimbursement within 30 days of receipt of the bill.
5. In the event NSP files for a . rate change which modifies or eliminates
the municipal pumping schedule, City agrees to be named as a party in
intervention and the Board is authorized and permitted to take the necessary
action required by law so as to file and participate as a party and request
intervention in such a rate case.
- 3 -
6. The total contribution of City fur consultant and legal services shall
,
not exceed the sum of $10000
ou
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the day and year first above written.
CITY OF EDEN PRAIRIE
By
BOARD OF WATER COMMISSIONERS OF THE
APPROVED: CITY OF SAINT PAUL, MINNESOTA
By
Thomas D. Mogren, General Manager
Chris Nicosia, President
Approved as to Form:
By Verne E. Jacobsen, Secretary
Tssistant City Attorney
COUNTERSIGNED:
Peter Homes, Director
Finance and Management Services
2.6.71 - 4 -
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
December 18, 1984
HCATINC & VENTILATING
Dick Lind Company
GAS FITTER
Dick Lind Company
PLUMB I NG
8 & D Plumbing
Heins & Sons Plumbing
Omni Mechanical
1985 LICENSE RENEWAL
The approval of new licenses or the renewal of licenses must be based on the
Tax Clearance Law passed by the state of Minnesota. This provides that if
there are unpaid taxes due the State that the City cannot release the license.
The licenses which will be appearing on the clerks license list are subject
to this law and will not be issued without this clearance.
CONTRACTOR (MULTI-FAMILY & COMM.)
Associated Contractors, Inc.
Nnitsch Construction Co. t Glen Sandness Construction
CONTRACTOR (1& 2 FAMILY)
Air Seal Company
Dolphin Pool & Patio
Ixcelsior Design & Development
`Therburne Homes
Tschida Construction Co.
& VENTILATING
Idstrom Heating
JiS Services, Inc.
The Heating Innovators
LCHANICAL GAMES
iisterpiece Pizza, Inc.
BEER ON SALE
!Thsterpiece Pizza, Inc.
Pir/a Hut, Inc.
Cnontry Kitchen
ON SALE LIQUOR
Abby's Restaurant (see attached)
ON SALE LiquoR & SUNDAY LIQUOR
Eden Prairie Mr. Steak
Kabuki Restaurant
Three Beez II
ON SALE CLUB LIQUOR & SUNDAY LIQUOR
Eden Prairie Legion
Olympic Hills Corporation
WINE & SUNDAY WINE
Country Kitchen
3.2 BEER ON SALE
Cedar Hills Golf Park
Edenvale Golf Club
aerry's Super Val it
Lion's Tao
Scholtzskys Sandwich Shops
Schmidts Market
Terrific Lunch Co.
CLERK'S LICENSE APP.LICATION LIST
page two
3.2 BEER OFF SALE
Driskill 'S
Eden Prairie Grocery
Eden Prairie Legion
Edenvale Golf Club
Jerry's Super Valu
Lion's Tap
PM Food Stores
Prairie Dairy
Shclotzskys Sandwich Shops
Schmidts Market
W. Gordon Smith Co.
CIGARETTES
Driskill's
Eden Prairie Grocery
Eden Prairie Legion
Jerry's Super Valu
Lion's Tap
PDQ Food Stores
Prairie Dairy
W. Gordon Smith Companies
Eden Prairie Mr. Steak
Three Beez II
Terrific Lunch
These licenses have been approved by the department heads responsible for
the licensed activity.
r) _
Pat Solie, Licensing
Digigraphics, Inc.
(Welsh Construction, Corp.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 123-84
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the I-2 Park District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
1-2 Park 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. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of December 18, 1984, entered into
between Welsh Construction Corp., a Minnesota corporation, and the City of Eden
Prairie, which Agreement is hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 20th day of November, 1984, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 18th day of
December, 1984.
ATTEST:
John D. Franc, City Clerk -- Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
Exhibit A
LEGAL DESCIIIPTICN VON PeCePOSED ZONING CHANGE
That part of the north half of the Southeast Quarter of the
Northwest Quarter of Section 12, Township 116 Not tit, Range 22 West
of the 5th principal Meridian, Hennepin County, Minnesota
described as follows:
Commencing at the Northeast corner of said Worth half of the
Southeast Quarter of the Northwest Quarter; thence on an
assumed bearing of South 1 degree 09 minutes 53 seconds East,
along the east line of the Southeaet Quarter of the Northwest
Quarter, a distance of 624 ..91 feet to a point 21.00 feet north
of the Southeast corner of said North half of the Southeast
Quarter of the Northwest Quarter; thence North 87 degrees 25
minutes 09 seconds West a distance of 210.07 feet to the point
of beginning of the land to be described; thence North 17
degrees 20 minutes 07 seconds Eest a distance of 304.00 feet;
thence North 77 degrees 09 minutes 43 seconds West a distance
of 383.48 feet; thence North 55 degrees 13 minutes 23 seconds
West a distance of 174.05 feet; thence southwesterly, along a
nontangential curve concave to the northwest, a distance of
50.00 feet, said curve having a radius of 205.00 feet and a
central angle of 13 degrees 53 minutes 23 seconds, the chord of
Said curve bears South 29 degrees 45 minutes 41 seconds East;
thence South 36 degrees 44 minutes 55 seconds West , tangent to
. said curve, a distance of 151.51 feet; thence southwesterly,
along a tangential curve concave to the northwest, a distance
Of 213.72 feet, said curve having a radius of 545.00 feet and a
central angle of 22 degrees. 28 minutes 06 seconds; thence South
,59 degrees 13 minutes 01 second West a distance of 155.00 fedt;
thence South 71 degrees 11 minutes 21 seconds East a distance
Of 183.75 feet; thence South 87 degrees 25 minutes 09 seconds
East a distance of 660.00 feet to the point of beginning. . .
LiIGAL DESCRIPTION FOR COMPREHENSIVE GUIDE PLAN CHANGE
AND PRELMINARY PLAT
That part of the North half of the Southeast Quarter of the
Northwest Quarter of Section 32, Township 116 North, Renee 22 West
Of the Fifth Principal Meridian, Hennepin County, Minnesota
described as tollows:
Beginning at the Northeast corner of said North half of the
Southeast Quarter of the Northwest Quarter of Section 12;
thence on an assumed bearing of north 86 degrees 59 minutes 25
seconds East, aloee the north line of the Southeast Quarter of
the Northwest Quarter, a distance of 631.79 feet; thence
southwesterly a distance of 229.13 feet, alone a nontangentiel
curve concave to the northwest, having. a radius of 205.00 feet
and a central angle of 64 degrees 02 minutes 25 seconds, the
chord of said curve hears South 4 degrees 43 minutes 43 seconds
West; thence South 36 degrees 44 minutes 55 seconds Went,
tangent to eald curve, a distance of 151.51 feet; thence
eouthwesterly, along a tangential curve concave to the
northwest, a distance of 213.72 feet, said curve having a
radius of 545.00 feet and a central anele of 22 degrees 28
mioutes e6 eeconde; thence South 59 degrees 13 minutes 01
seconds Nest, tangent. to last deecribed curve, a distance of
155.00 feet; thence eel ath 71 d,qtoor. 11 minutef; 21 seconds East
a dietance of 1e3.7e feet; thenee Seuth 87 degrees 25 oinutee
09 seconds eaet a distance of e70.07 feet to the Southeast
corner of said Norte halt of the eoetheast °varier af the
Northweet Quartet of section 12; thence North 1 degree 09
minutee 53 secoisie west along the lit 111, of said North half
of tee eoutheaet uuerter Qt. the NorthoeiA Quarter of Section 12
a ,i1,:tance 01 624.91 feet to the poiht. of beginnine.
Digigraphics, Inc.
(Welsh Construction Corp.)
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1984, by
Welsh Construction Corp. for Digigraphics, Inc., a Minnesota corporation,
hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development District
and Zoning District Amendment for 5.42 acres within the 1-2 Park District for
construction of a building for office/warehouse purposes, situated in, Hennepin
County, State of Minnesota, more fully described in Exhibit A, attached hereto and
made a part hereof, and said acreage hereinafter referred to as "the property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance #121-84,
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 Staff-dated December 18, 1984, reviewed and
approved by the City Council on November 20, 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 a revised plans showing the
following:
1) Revised landscaping and screening.
2) Screening of the mechanical equipment with a
material architecturally integral to the other
approved exterior materials of the structure.
3. Screening of all parking and loading areas from
public roads and differing adjacent land uses.
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:
1) Streets, sanitary sewer, water, storm sewer, and
erosion control for the property.
2) The storm sewer outlet structure to Nine-Mile Creek.
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. Submit to the City, and receive the City's approval of
documentation for dedication to the City of a portion of the
property, or documentation for an easement, for the
preservation, or conservation of the area north and east of
Nine-Mile Creek.
D. Submit to the Director of Community Services, and receive
the Director's approval of a 20 ft. wide trail easement
within the Preservation Area, as depicted on Exhibit B.
4. Developer shall notify the City and the Watershed District 48 hours
prior to any grading, tree removal, or tree cutting on the property.
Developer agrees to confine grading to that area of the property
within the construction limits . as shown on Exhibit B. Developer
shall place snow fencing at the construction limits within the
wooded areas prior to any grading upon the property.
Prior to issuance of any grading permit, Developer shall submit to
the Director of Planning and receive the Director's approval of a
tree inventory of .those trees within the construction area and
within 25 ft. outside of the construction area, indicating the size,
type, and location of all trees twelve (12) inches in diameter, or
greater, at a level 4.5 feet above ground level.
In the event that trees are removed outside of the construction
area, Developer shall, prior to issuance of any building permit for
the property, submit to the Director of Planning, and receive the
Director's approval of a replacement plan for all trees removed,
damaged, or destroyed outside of the construction area. Developer
further agrees that said trees shall be replaced by similar tree
species, diameter inch for diameter inch (i.e. a Red Oak 12 inches
in diameter may be replaced by three Red Oaks four inches in
diameter). The trees used for replacement shall be no less than
three inches in diameter.
Upon approval by the Director of Planning, Developer shall
construct, or cause to be constructed, those improvements listed
above in said plans, as approved by the Director of Planning.
w (r
Digigraphics Inc.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 84-317
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 123-84 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 123-84 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 18th day of December,
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. 123-84, 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. 123-84 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 December 18, 1984.
Wolfgang H. Penzel, Mayor
ATTEST:
lohn O. Franc, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 123-84
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, 1
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: 1
Sumnany: This Ordinance allows rezoning of land located in the
northeast quadrant of Valley View Road and Highway #169, known as Digigraphics,
Inc., from Rural District to 1-2 Park District, 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:
Is/John D. Franc
City Clerk
/s/Wolaang 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.)
.207
Tech III
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 125-84
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 1-2 Park District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
1-2 Park District, and the legal descriptions of land in each District referred to
in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are
amended accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of June 5, 1984, entered into between
Hoyt Development, a Minnesota general partnership, and the City of Eden Prairie, and
that certain Supplement to Developer's Agreement dated as of December 18, 1984,
between Hoyt Development and the City of Eden Prairie, which Agreement and
Supplement to Developer's Agreement are hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 20th day of November, 1984, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 18th day of
December, 1984.
ATTEST:
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
Exhibit A
Legal Description
Outlot A, Technology Park, Hennepin County, Minnesota
,r100
Tech III
Eden Prairie Technology Park
SUPPLEMENT TO DEVELOPER'S AGREEMENT
This Supplement to Developer's Agreement made and entered into as of this
day of , 1984, by and between Hoyt Development, a
Minnesota general partnership, hereinafter referred to as "Developer," and the City
of Eden Prairie, a municipal corporation, hereinafter referred to as "City," as
described in the developer's agreement for Eden Prairie Technology Park, dated June
5, 1984;
WHEREAS, Developer and City made and entered into a Developer's Agreement,
dated June 5, 1984, for Eden Prairie Technology Park (the "Developer's Agreement");
and,
WHEREAS, the parties desire to amend said agreement for a portion of the
property referred to in said agreement, that portien of the property being as
described in Exhibit A, attached hereto and made a part hereof;
NOW, THEREFORE, it is agreed by and between the parties thereto as follows:
1. The Developer's Agreement shall be and hereby is supplemented and amended in
the following respects:
A. Paragraph 1. shall be amended by adding the following:
Developer shall develop the property described in Exhibit A attached
hereto, in conformance with the revised material Staff-dated
December 18, 1984, reviewed and approved as amended by the City
Council on November 20, 1984, and attached hereto as Exhibit Et,
subject to such changes and modifications as provided herein.
B. Paragraph 7. shall be deleted.
C. Paragraph 8. shall be amended by adding the following:
2:10/
"Upon any future request by Developer, beyond development of the
subject property, for rezoning and/or platting of any of the
property, Developer shall dedicate the right-of-way necessary for
the future north-south collector street as depicted on Exhibit B.
Developer agrees to be responsible for all costs associated with
construction of this street, which is to be a standard 37-foot wide
Industrial street, and for all costs associated with construction of
required utilities through said street.
D. Paragraph 10. shall be added as follows:
Developer shall submit to the Director of Community Services and
receive the Director's approval of plans for sidewalks along the
front of the structures for Phases I, II, and III, as described in
Exhibit A, attached hereto, and Exhibit A of the Developer's
Agreement, to be located on the north side of W. 76th Street.
Upon approval by the Director of Community Services, Developer shall
construct, or cause to be constructed, those improvements listed
above in accordance with Exhibit C of the Developer's Agreement.
Said improvements shall be constructed prior to issuance of an
occupany permit for the structure.
2. Developer agrees to all of the terms and conditions and accepts t
h
e
obligations of the "Developer" under the Developer's Agreement, as am
e
n
d
e
d
and supplemented herein.
WHEREFORE, the parties hereto have executed this Supplement to Developer'
s
Agreement the day and year first above written.
CITY OF EDEN PRAIRIE
Wolfgang H. Penzel, Mayor
Carl J. Jullie, City Manager
[4'70)
Tech III
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 84-318
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 125-84 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 125-84 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the 18th day of December,
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. 125-84, 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. 125-84 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 December 18, 1984.
Wolfgang H. Penzel, Mayor
:jTEST:
%)iln i. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 125-84
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:
Summarx: This Ordinance allows rezoning of land located at W. 70th
Street and Washington Avenue, known as Tech III, from Rural District to 1-2 Park
District, 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
is/Wolfgang H. 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 City Clerk.)
Eden Prairie Athletic Club
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 126-84-PUD-12-84
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 12-84-
Commercial-Regional-Service District (hereinafter "PUG 12-84-Commercial-Regional-
Service").
Section 3. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of December 18, 1984, entered into
between William 0. Naegele and the City of Eden Prairie (hereinafter "Developer's
Agreement"). The Developer's Agreement contains the terms and conditions of PUG 12-
84-Commercial-Regional-Service, and is hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUG 12-84-Commercial-Regional-Service is not in conflict with the
goals of the Guide Plan of the City.
B. PUG 12-84-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 PUG 12-84-Commercial-Regional-
Service, are justified by the design of the development described
therein.
D. PUG 12-84-Commercial-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 12-84-Commercial-Regional-Service 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 ere amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 20th day of November, 1984, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 18th day of
December, 1984.
ATTEST:
John D. Frane, City Clerk
Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
2'70 to
Exhibit A
• Log.11 Description: Itat part of tha South half of the Northwest Qu
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=UK:ay 130.n feet along a nentcngrial curve cmone to the.Eint hwing
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:o:..,:orty in the Eerth4cst Coarter (1111/4) of F;ection 14 and said centerline
thie terwinatJng.
Subject to a p.troxiont.easewent for roadway and utility construction and
naiw:onznce purpmes ever, under and across a 60.00 foot strip lying westerly of
an elji=nt to the above described centerline.
Together with a 10.00 foot permanent utility and vallacy easement lying westerly
of and ajoining the above descritd 60.00 foot strip.
alr:vey prerci byt Pon Krueger and Associates, Eden Prairie, EN
2c)01
Eden Prairie Athletic Club
PUD-12-84 DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1984, by
and between William O. Naegele, an individual, hereinafter referred to as "Owner,"
and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as
"City:"
WITNESSETH:
WHEREAS, Owner has applied to City for Planned Unit Development District
Review of 17.7 acres and Zoning District Change from Rural to PUD-12-84-Commercial-
Regional-Service on 10.11 acres, for construction of an athletic club, situated in
Hennepin County, State of Minnesota, more fully described in Exhibit A, attached
hereto and made a part hereof, and said entire 17.7 acres hereinafter referred to as
"the property," and;
NOW, THEREFORE, in consideration of the City adopting Ordinance #126-84-PUD-
12-84, Owner covenants and agrees to construction upon, development, and maintenance
of said property as follows:
1. Owner shall develop the property in conformance with the materials
revised and Staff-dated Dacember 18, 1984, reviewed and approved by
the City Council on November 20, 1984, and attached hereto as
Exhibit 8, subject to such changes and modifications as provided
herein. Owner shall not devolop, construct upon, or maintain the
property in any other respect or manner than provided herein.
2. Owner covenants and agrees to the performance and observance by
Owner at such times and in such manner as provided therein of all of
the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3. Prior to issuance of any building permit upon the property, Owner
shall:
A. Notify City and Watershed District at least 48 hours in
advance of 9radinq or trek: removal.
Zip?,
B. Submit to the Director of Planning, and receive the
Director's approval of plans for the following:
1) Lighting of the property.
2) Exterior materials to be used for the structure and
final architectural design.
3) Grading for the berm on the north and west sides of
the structure.
4). Landscaping and screening.
Upon approval by the Director of Planning, Owner shall
construct, or cause to be constructed, those improvements
listed above in the plans, as approved by the Director of
Planning.
C. Submit to the City Engineer, and receive the City Engineer's
approval of plans for streets, sanitary sewer, water, and
storm sewer for Phase I of the property as depicted on
Exhibit B.
Upon approval by the City Engineer, Owner shall construct,
or cause to be constructed, those plans listed above, in
accordance with Exhibit C• attached hereto, as approved by
the City Engineer.
D. Submit to the Director of Community Services, and receive
the Director's approval of plans for construction of a
sidewalk connecting to Prairie Center Drive and future
trails in the Purgatory Creek Recreation Area. Owner agrees
to construct the sidewalk and trails concurrent with
construction of the structure.
Upon approval by the Director of Community Services, Owner
shall construct, or cause to be constructed, those
improvements listed above, prior to issuance of an occupany
permit for the property.
E. Dedicate to the City a public road easement, as depicted on
Exhibit B.
4. Owner and City agree that the design of the permanent tennis court
structure contained in Exhibit B is only preliminary- in nature and
will require significant further revision in order to help mitigate
its size visually. Owner agrees, prior to commencing construction
of the tennis court structure, to submit to the Director of
Planninci, and receive the Director's approval of, final plans which
ddequaloly mitigate the impact of the size of the structure. In the
event a design is not submitted by the Owner which is acceptable to
the Dirutor of Planning, final review of the design of the
structure aed methods of mitigation of its sie , will be required by
the Planning Com:aission and City Council.
2`)0
Eden Prairie Athletic Club
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 84-319
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 126-84-PUD-12-84 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 126-84-PUD-12-84-84 was adopted and ordered published
at a regular meeting of the City Council of the City of Eden Prairie on the 18th day
of December, 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. 126-84-PUD-12-84,
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. 126-84-PUD-12-84 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 December 18, 1984.
Wolfgang H. Penzel, Mayor
LIE ST
John U. Frane, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 126-84-PUD-12-84
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 at Prairie
Center Drive and Singletree Lane, known as Eden Prairie Athletic Club, from Rural
District to PUD 12-84-Commercial-Regional-Service, 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:
/,./qohn D. Frane
City CliR
/s/Wolfgang H. Penzel
Mayor
HISHED in the Eden Prairie News on the day of , 1984.
full copy of the text of this Ordinance is available from the City Clerk.)
21 I
FOX, McCUE & MURPHY
CER1 FIEURal6m7COuNTANIS
250PRARWaNHYDMVE
EDEN PRAIRIE, MINNESOTA 55344
JOHN E. FUX, C.P.A.
WILLIAM M. McCUE. C PA.
JAMES 5. MURPHY, C.P.A. DEC Inn* EDEN PRAIRIE
(612) 944-6166
BELLE PLAINE
(612) 445-6693
December 5, 1984
Mr. Carl Jullie
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Dear Mr. Jollies
We are pleased to submit this brief proposal to serve as the independent auditor
for the City of Eden Prairie for the 1984 calendar year.
Since the first year of our involvement with the City of Eden Prairie audit in
1978, you have experienced significant growth especially with regard to capital
projects, special assessments, and general fund activity. We feel that the 1984
audit fee would range between $15,000 to $17,000 in light of this continuing
growth. We acknowledge the assistance received by the finance director and his
staff in preparing the accounting records for audit. This cooperation allows us
to confine the majority of our involvement to the audit function (in contrast to
providing accounting assistance).
Preliminary audit work would be completed prior to December 31, 1984, while the
year-end work would be coordinated with John Franc and his closing schedule for
1984 financial information. We would expect to deliver the completed reports to
you by June 15, 1985.
As part of the audit engagement we would be available for any meetings that you,
Mr. Franc, or the City Council might desire. We would also expect to meet with
the City Council at the completion of the audit to review the audited financial
statements and our letter of management or financial comments.
We have appreciated the opportunity to serve as your independent accountants for
the last six years and look forward to serving as your 1984 independent accoun-
tants. We again thank you for the opportunity to submit this proposal. If you
have any questions or desire further information, please don't hesitate to con-
tact us. We would he happy to discuss further the nature of the engagement and
the degree of our qualifications.
Very truly yours,
(.0.4_0,L,vyn rn Mc CwL.
William M. Meue
CC: Mr. John Franc
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 85-10
A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,
PERMITS AND MUNICIPAL SERVICES
The City Council of the City of Eden Prairie resolves as follows:
INDEX
SECTION 1
FEES, CHARGES AND RATES AUTHORIZED AND DEFINED
SECTION 2
FEES, RATES AND CHARGES PURSUANT TO CITY CODE
SECTION 3
OTHER FEES, RATES AND CHARGES
SECTION 1. FEES, CHARGES, AND RATES AUTHORIZED AND DEFINED
The fees, charges and rates for the purposes set forth in this Resolution
for licenses, permits and municipal services shall be in the amounts set
forth in the following sections.
SECTION ?. FEES, RATES AND CHARGES PURSUANT TO CITY CODE
The following fees, rates and charges required to be fixed and determined
by Rnsolution of the City Council pursuant to the City Code and for other
licenses, permits and municipal services are hereby fixed, determined and
adopted as hereinafter set forth.
Business Licenses:
2.1 CIGARETTES (Section 5.35) Annual
2.2 CONTRACTORS (Section 5.33) Annual
One and two family
Multi-family and comlercial
7.3 DANCE HALLS (Section 5.31 and 5.32) Annual
$12.00
$15.00
$25,00
Public Shows or Dances
$400.00 if live musicians are employed.
$100.00 where music is provided exclusively by electrical or
mechanical device(s).
Incidental Shows or Dances
$300.00 if live musicians are employed.
$ 50.00 where music is provided exclusively by electrical or
mechanical device(s).
$ 25.00 when live musicians are employed and when the applicant
Is a religious, charitable or other non-profit crganiza-
tion and the permit is for a special event or limited
period; when music is to be provided exclusively by
electrical or mechanical means for such non-profit
organization, the fee shall be $10.00.
No fee is required for dances conducted by the Park and Recreation
Department, any agency of the Eden Prairie School District,
or the Eden Prairie Foundation.
2.4 DOGS (Section 9.07)
License: Male
Annual
$4.00
Female
Annual
$4.00
Impounding fees:
Boarding fee:
Euthanasia fee:
$25 - 1st offense/year
$50 - 2nd offense/year
$100 - 3rd offense/year
$5 per day
$5
2.5 DOG KENNELS (Section 5.60) Annual
Commercial $50.00
Private $25.00*
*Includes three individual dog licenses and tags.
2.6 DRIVE-IN THEATERS (Section 5.31) Annual $300.00
2.7 FOOD ESTABLISHMENTS (Section 5.38)
A. Restaurants, stores, supermarkets,
manufacturing and processing plants,
etc.
Supplementary areas: bar, kitchen,
meat market, bakery, grocery store,
other.
$225.00
each $15.00
B. Bottled soft drinks and packaged
products sold in prepackaged form each $40.00
supplementary area $10.00
C. Other food establishments not in "A" each $175.00
supplementary area $15.00
-2-
2713 i)
Itinerant food establishment first day $50.00
each additional day $10.00
Temporary food license
$35.00
Retail candy shop - when operated in connection
with another licensed food establishment
$10.00
Retail candy outlet $55.00
Readily perishable food vehicle, first truck $50.00
including bakery food vehicle additional $30.00
Vending machines for food or beverage each $15.00
Catering food vehicle $100.00
2.8 GAMBLING (See Ordinance No. 1-83)
Annual Fee $300.00
Temporary Fee $ 40.00
2.9 GAS FITTERS Annual Class A $15.00
2.10 GRAVEL MINING (Section 11.55)
Application Annual Performance
fee license bond
Land alteration
incidental mining
(0 to 25,000 c.y.)
total plan volume
Borrow pit, with
25,000 - 75,000 c.y.
annual plan volume
Borrow pit with more
than 75,000 c.y.
annual volume
$200.00 $100.00 $1,000.00
$2,000.00 $300.00 $10,000.00
$2,500.00 $750.00 $10,000.00
2.11 HEATING & VENTILATING Annual
$15.00
2.12 LIQUOR (Chapter 4)
Non-intoxicating malt liquors Annual Application fee $100.00
On-sale
$50.00
Off-sale
$10.00
-3-
Liquor On-sale
Annual $7500.00
Investigation fee $500.00*
Liquor On-sale - fraternal
clubs Annual
$100.00
Investigation fee
$500.00*
non-fraternal
clubs Annual 50% of annual on-sale fee
Investigation fee $500.00*
Liquor On-sale - wine Annual $2000.00
Application fee $250.00
Sunday Liquor
Annual
$200.00
Set-ups
Annual
$200.00
Employee License
Annual
$10.00
*An investigation fee not to exceed $500 shall be charged an
applicant by the City if the investigation is conducted within
the state, or the actual cost not to exceed $10,000 if the
investigation is required outside the State, shall be charged
an applicant by the City.
2.13 MECHANICAL AMUSEMENT DEVICES AND AMUSEMENT CENTERS (Section 5.30)
For each of the first three machines/devices ("A") $150.00
Juke boxes, kids rides, etc. per machine ("B" & "C") $25.00
Amusement Center, plus $5 per machine for up to 10
machines $1500.00
2.14 PEDDLERS (Section 5.37) Annual - evidence of State License $5.00
2.15 PLUMBING LICENSE No fee - State Bond/Insurance required
2.16 PUBLIC SERVICES
Refuse and garbage collectors (Section 5.36)
Annual
1st vehicle
$30.00
Each additional vehicle
$15.00
Scavengers (Section 5.34) Annual
$10.00
2.17 WATER SOFTENING AND FILTERING No fee - State License required
2.111 WELLS No fee - State License regaired
-4-
2.19 BUILDING PERMITS (Section 10.06)
Total Valuation
Fee
$1.00 to $500.00
$10.00
$501.00 to $2,000.00
$10.00 for the first $500.00
plus $1.50 for each additional
$1,000.00 or fraction thereof,
to and including $2,000.00
$2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,000.01 to $100,000.00
$100,000.00 and up
PLAN CHECKING FEES:
$32.50 for the first $2,000.00
plus $6.00 for each additional
$1,000.00 or fraction thereof,
to and including $25,000.00
$170.50 for the first $25,000
plus $4.50 for each additional
$1,000.00 or fraction thereof,
to and including $50,000.00
$283.00 for the first $50,000
plus $3.00 for each additional
$1,000.00 or fraction thereof,
to and including $100,000.00
$433.00 for the first $100,000
plus $1.50 for each additional
$1,000.00 or fraction thereof.
Plan checking fee shall be 65% of the building permit fee.
2.20 DEMOLISHING OR RAZING BUILDINGS (Section 10.05) $25.00
2.21 EXCAVATION AND GRADING
(Chapter 70, U.B.C. 1979 and City Engineer's approval)
Plan Checking Fees Fee
50 cubic yards or less
No fee
51 to 100 cubic yards
$10.00
101 to 1000 cubic yards
$15.00
1001 to 10,000 cubic yards
$20.00
-5-
I 3D
10,001 to 100,000 cubic yards
$20.00 for the first 10,000 cubic
yards, plus $10.00 for each addi-
tional 10,000 cubic yards or frac-
tion thereof.
100,001 to 200,000 cubic yards $110.00 for the first 100,000 cubic
yards, plus $6.00 for each additi-
onal 10,000 cubic yards or frac-
tion thereof.
200,0001 cubic yards or more
$170.00 for the first 200,000 cubic
yards, plus $3.00 for each additi-
onal 10,000 cubic yards or frac-
tion thereof.
Other Inspections and Fees
Additional plan review required by changes, additions or revisions
to approve plans: (minimum charge = one half hour) - $25.00 per
hour.
Grading Permit Fees
50 cubic yards or less
51 to 100 cubic yards
101 to 1,000 cubic yards
1,0001 to 10,000 cubic yards
10,001 to 100,000 cubic yards
100,001 or more
Other Inspections and Fees
Fee
$10.00
$15.00
$15.00 for the first 100 cubic yards
plus $7.00 for each additional 1,000
cubic yards or fraction thereof.
$78.00 for the first 1,000 cubic
yards plus $6.00 for each additional
1,000 cubic yards or fraction
thereof.
$132.00 for the first 10,000 cubic
yards plus $27.00 for each addi-
tional 10,000 cubic yards or frac-
tion thereof.
$375.00 for the first 100,000 cubic
yards plus $15.00 for each addi-
tional 10,000 cubic yards or frac-
tion thereof.
Inspections outside of normal business hours $25.00 per hour
(minimum charge = 2 hours)
-6-
Reinspection fee assessed under provisions of
Section 305(h)
Inspections for which no fee is specifically
indicated (minimum charge = one-half hour)
2.22 EXCAVATION OF STREETS (Section 6.07)
2.23 FIRE PREVENTION PERMITS (Section 9.05)
Storage & handling of flammable liquids
Storage & handling of corrosive liquids
Dry cleaning establishments
Hazardous chemicals
Resurfacing and refinishing
Installation of LP tanks, permanent
Installation of LP tanks, temporary
Installation of flammable & combustible liquid
tanks
Tents
Grease vapor removal system cleaning
Fireworks
(+ = standby firefighters at present hourly r
Explosives, storage or handling
Burning permits, residents
$25.00 each
$25.00 per hour
$10.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$10.00
$25.00
$25.00
$25.00 per cleaning
$25.00 +
ate)
$25.00
$10.00/week or frac-
tion thereof
other $50.00/week or frac-
tion thereof
Fire alarm systems (10.06) - based on valuation - see 2.19
2.24 HEATING & VENTILATION (Chapter 10)
A fee for the issuance of a permit for work and for making inspec-
tions pursuant to applicable ordinances shall be as set forth in the
sections which follow, except as provided in the State Building Code.
A. Job Valuation
0 to $1,000
$1,000 to $10,000
$10,001 to $50,000
$50,001 and up
2% (.02) of job value - minimum of $10
$20 for the first $1,000 plus $1.25 for
each additional $100 or fraction thereof
to and including $10,000.
$132.50 for the first $10,000 plus $1.00
for each additional $100 or fraction
thereof, to and including $50,000.
$532.50 for the first $50,000 plus $7.50
for each additional $1,000 or fraction
thereof.
-7-
B. Gas Piping
For 3 openings on gas up to 2"
Each additional opening
Over 2"
Each additional opening
2.25 HUNTING
Landowner
free
Resident
$5.00
Non-resident
$10.00 (PE-.00)
2.26 INCINERATORS (Section 9.05) $20.00
2.27 MOVING A BUILDING (Section 10.05)
$1,000 deposit each from the owners of the building and building
mover.
Moving a building $250.00
Moving a garage only 50.00
2.28 PLUMBING (Chapter 10)
$ 3.00
1.00
7.50
1.00
$ 5.00
$ 5.00
$5.00
$ 5.00
$ 5.00
$ 5.00
$ 7.50
$ 2.00
$ 2.00
$ 5.00
$15.00
$10.00
$10.00
$15.00
$7.50
$ 3.00
$ 1.00
$ 7.50
$ 1.00
$ 7.50
$ 5.00
$ 5.00
$ 5.00
Fixtures - each
Rough-in fixtures
Setting fixtures on previous
Electric water heater
New ground run for existing building
Sump and receiving tank
Water treating device (softener)
Washer openings
Sillcocks
For extending water lines
Sewage disposal (individual)
Municipal sewer per 100 feet
Municipal water per 100 feet
Meter inspection and sealing
Inside change over - sewer, water or both
For 3 openings on gas up to 2"
Each additional opening
Over 2"
Each additional opening
Storm sewer and sub soil drains per 100 feet
Gas stove
Bar-h-que
Incinerator
Minimum permit fee $ 7.50
-8-
f,;-
2.29 FIRE SPRINKLER SYSTEMS (Section 9.05)
1 - 5 heads
6 - 25 heads
26 - 50 heads
51 - 200 heads
201 and up
$ 15.00
$ 15.00 first 5 heads plus
$ 10.00 each additional 10 heads
or fraction thereof.
S 35.00 first 25 heads plus
$ 7.50 each additional 10 heads
or fraction thereof.
$ 57.50 first 50 heads plus
$ 5.00 each additional 10 heads
or fraction thereof.
$132.50 first 200 heads plus
$ 2.50 each additional 10 heads
or fraction thereof.
Relocate sprinkler heads, piping or appliances - fees are the same
as described above for new instal-
lations.
Standpipes
1 - 3 floors $15.00 each stairway
$10.00 each additional floor or
fraction thereof for each
stairway
2.30 SIGNS (Section 11.70)
Up to 33 square feet in size
33 square feet through 60 square feet in size
61 square feet to 100 square feet in size
Each additional 100 square feet or portion thereof not
exceeding 300 square feet additional - per year
Each additional 100 square feet or portion thereof over
a total of 400 square feet additional
Directional signs for housing projects
Temporary signs
Up to 10 square feet - 30 days
Over 10 square feet - 30 days
$12.00
$15.00
$18.00
S2.00
$2.50
$5.00
$3.00
$5.00
Fees shall not be pro-rated for a period of time less than shown. The
surfaces of double or multi-faced signs shall be combined for the
purpose of determining the amount of the fee.
2.31 SEPTIC SYSTEM PUMPING (Section 10.02) $ 5.00
2.32 WATER SOFTENING AND FILTERING (Chapter 10) $ 5.00
2.33 WLLLS (Section 10.04) $15.00
-9-
Development Fees
2.34 PLANNED UNIT DEVELOPMENT (P.U.D.) (Section 11.40)
$300 minimum or $5/acre - whichever is greater.
PLANNED UNIT DEVELOPMENT AMENDMENT
$300 minimum or S5/acre - whichever is greater.
2.35 ZONING (Section 11.77)
$300 minimum or S5/unit (residential) - whichever is greater.
$300 minimum or $25/acre (commercial, industrial, office, public)
whichever is greater.
2.36 PLATTING (Section 12.04)
$200 minimum or $5/lot (residential - whichever is greater)
$200 minimum or $25/acre (commercial, industrial, office, public)
whichever is greater.
SITE PLAN REVIEW
$300 minimum or $5/acre - whichever is greater.
2.37 CASH PARK FEES (Section 12.40)
Single family unit $400
All other residential $305 per unit
Office, commercial, industrial $2200/acre
2.38 SHORELAND MANAGEMENT ORDINANCE PERMITS (11.50)
Temporary structure in public waters
$10.00
Change in structure in public waters
$10.00
Multiple dock or dock in excess of 75'
$10.00
Variance request for dock in authorized
dock use area
$10.00
Ut.ility_Charges (Section 3.02)
2.39 SYSTEM ACCESS CHARGES
A. For sanitary sewer: as established by the Metropolitan Waste
Control Commission and as agreed by the City Council at its
November 17, 1981 meeting.
B. For sanitary sewer -1125 per R.E.C. plus $95.
(li,:'N+) $250 each Metro SAC for industrial, public, office - plus $95.
each Metro SAC for commerical - plus $95.
For water - $425 per R.E.C.
($050 each Metro SAC for industrial, public, office.
c;;T-,$1275 each Metro SAC for commercial.
-1 0-
2.40 USER CHARGES
(1..;C)
A. Sanitary sewer - $1.35 per 1,000 gallons subject to a minimum of
5,000 gallons per quarter per R.E.C.
(7 r') B. Water - $.95 per 1,000 gallons subject to a minimum of 5,000
gallons per quarter per R.E.C.
C. The minimum monthly use charge for uses other than residential
shall be the same as 1 R.E.C.
D. A residential equivalent connection (R.E.C.) is one dwelling
unit.
E. In addition to the charges in A., B., C., and D. each R.E.C.
will be billed: $6.25 fixed charge for water and $6.25 fixed
charge for sewer per quarter. (LH',
ir(Vi.gc.) F. Unmetered residential sewer only use charges are '$20.65 per
quarter per R.E.C.Lplus a $6.25 fixed charge .:]
Penalty for for billed charges: 1% per month on account not paid
within 30 days of billing. '
2.41 WATER/SEWER CONNECTION FEE (Section 3.07)
A. In addition to applicable charges listed above, a connection
fee of $7400 per single unit is applicable if the property has
not participated in the cost of the utilities by other methods.
SECTION 3. OTHER FEE, RATES AND CHARGES
3.1 GUIDE PLAN CHANGE
$300 minimum or $5/acre - whichever is greater.
3.2 ENVIROMENTAL ASSESSMENT WORKSHEET (E.A.W.)
$300 minimum or $5/acre - whichever is greater.
3.3 ENGINEERING SERVICES TO LAND DEVELOPERS
For consultations, utility and street plans and specifications, general
and final inspection of improvements and special assessment division:
Residential (Single Family & Duplex)
13 a. 0
Per Unit 540.00/unit (minimum $100.00)
Commercial ., Industrial, and Multiklejexce .p.t. duplexl
5 acres or less $250.00 (lor.,cn)
Over 5 acres $100.00 per acre
Plus cost of review by special consultants necessary as determined by
the City Manager. Deposit required.
vn Q-',.1 - •
3.4 APPEAL TO BUILDING BOARD OF APPEALS $20.00
( 3.5 ZONING AMENDMENT AND ZONING APPEAL (Appealing to Building Code Board
of Appeals)
Zoning amenOment $200.00
Zoning Appeal (appeal for interpretation,
variances) $ 50.00
Plus cost of review by City Staff and/or special consultants necessary
as determined by the City Manager. Deposit required.
3.6 SPECIAL ASSESSMENT SEARCHES
(7,
$10.00 per parcel. No charge for Eden Prairie residents on searches of
their homesteaded property.
3.7 MAPS AND PRINTING
$.50 per square foot for miscellaneous printing.
$3.00 each for small size (2' x 3' or less) City maps.
$5.00 each for large size City maps.
$12.50/acre for Mark Hurd Co. topography maps previously purchased by
the City, except $5.00/sheet if topo map purchased by other than
City and with original purchaser's permission. New order through
Mark Hurd Co. - their original charge plus $.50/acre.
Duplicating costs: $.50 for the first 5 pages of any file and $.25
for each additional page, plus postage, if any.
$75 annual charge for City Council Minutes (pro-rated)
$50 annual charge for Planning Comission Minutes (pro-rated)
3.8 COMMUNITY CENTER
(11/0.s6) llgwr
Rental - prime-time = $70.00/houri(wdth applicable tax
Non prime-time = $65.00/hour arm. to 2 pm. on days w en school
is in session.)
School District Educational Classes =§17.50/hour
School District Hockey Team practice,Diockey Association of Eden ;
Prairie, Eden Prairie Figure Skating Club and any other Com-
munity Group that books a minimum of 100 hours of ice time:
02' - prime,time.= $65.00/hour, non-prime time = $32.50 hour.
Hockey games = $70.00/hour (personnel required to run the games
c'
___,-supplied by others - school keeps 100% of the gate minus ice
. t), time and personnel costs.)
Individual open skating fees
17 years and under = $1.00
18 years and older = $2.00
A. Ice Arena
‘Ps)
-12-
Family skate = $4.00/family
Recommended open skating times: Monday, Wednesday & Friday
from 10 a.m. to 1 p.m.; Friday nights from 8 - 11 p.m.;
Saturdays from 1 - 4 p.m. and 8 - 11 p.m.; and Sunday after-
noons (family skate) from 1 - 4 p.m.
B. Swimming Pool
Residents:
, Rental fee - group reservations: 25 participants or less is
(P2-L)—$27.50/hour with 1 Staff person; 25 - 50 participants is
(P;J-)-- $34.50/ hour with 2 Staff persons; and over 50 participants
is $42.50/hour with 3 Staff persons.
rhon-Residents: L . $70.00/hour plus $5.00/hour/lifeguard
60.0
School District Educational classes = $17.50/hour
School District/Foxjet after school use (team practice) = $20/hour
fvw,c)--School District/Foxjet swim meets = $22.50/hour
Individual open swimming fees:.
M)19 and older = $2.00 (0.04,)
LO)5 - 18 years = $1.00
Tots 4 years and under = $.50 (accompanied by an adult)
Recommended open swimming times: Open family and adult swim-
ming times would be spaced throughout the day Monday through
Friday. Longer sessions would be available on Saturdays and
Sundays. Hours would range from 11/2 to 21/2 hours Monday through
Thursday. Friday, Saturday and Sunday would range from 11/2 - 4
hours to accommodate family recreational swimming.
C. Racquetball Courts
igvo)
Rental fee - School District use =$12/hour for 3 courts (includes
use of available racquets and eye protectors.)
D. Fitness Center
Worick 0
Rental $35.00/hour `1C)
Individual use = $1.00
E. Meeting Rooms
Only private profit-oriented groups will be charged for use of
meeting rooms. • 11
Room #1 e $10 per hour - first floor Uc° ' .1
Room #2 r $13 per hour - first floor ( - )
Rooms fl and #2 - $20 per hour - first floor ( lkiv.W.)
Room #3 - $15 per hour - second floor (pe
-13-
F. Lockers
There is no charge for lockers, but members/guests must provide
own locks.
G. Memberlhip Fees
All memberships become due January 1st of any given year; memb
e
r
-
ships purchased after January 1st are pro-rated on a monthly
basis. Non-resident fees are 150% of those charged for residen
t
s
.
Swimming & Fitness Membership
Family = $85 ( is)
Individual = $50 440
Scheduled open swims are free; free use of fitness center.
Fitness Membership
042.0- Family = $40
Individual = $25
Free use of fitness center.
Racquetball & Fitness Membership
Family = $85 0'7 0
Individual = $50 WA)
(.) $2.50 per member for racquetball court; free use of fit
n
e
s
s
center.
Swimming, Skating and Fitness Membership
Family = $120 (.5/0)
Individual = $80 (47o)
Scheduled open swims are free, scheduled open skating is free,
free use of fitness center.
Swimming, Racquetball & Fitness Membership
Family = $135 (ZP),
Individual = $85 Ci-74 .)
Scheduled open swims are free, $2.50 er member for racquetball
court, free use of fitness center.
H. Daily Use Fees
Ice Arena - open skating
wa9 and over r $2.00
(y)18 and under = $1.00
Family skate = $4.00 per family
Swimming Pool - open swjm \.
(1 0,19 and over r $2.00
0 1)5 - 18 years = $1.00
4 and under (accompanied by paying adult) = $.50
-14-
Fitness Center .
$1.00 per day ("°)
Racquetball Courts 093,70
Live or work in Eden Prairie (proof required) = $3.50 per
person per hour k4.47)
Anyone outside of Eden Prairie =14.25 per person per hour
Persons with racquetball memberships will pay $2.50 per person
per hour.
Maximum court fee = $10/hour
I. Policy on Group Rates and Liabilities
Supervision will be at the discretion of the Center Management.
This will be based on the number of people to be using the Center
as well as the age and type of group. Necessary life guards,
building supervisor(s) and people to operate specialized equipment
will be provided. Fees are $500 for City residents/groups; $650
for out of town groups. Fees are based on use of the Center from
11;30 p.m. to 7 a.m. on a lock-in basis. An insurance policy for
liability is also required. The maximum number in a group is 600.
Liability limits are $500,000 - bodily injury; $100,000 - property
damage; and $500,000 - personal injury.
3.9 PARK FACILITY FEES
Fees are based on the number of people in attendance. Eden Prairie
public service groups will not be charged a fee. Groups or companies
outside of Eden Prairie may reserve facilities after June I of the
current year only if they have a branch office in Eden Prairie or
have Eden Prairie residents as employees.
Number of persons
25 - 50
51 - 100
101 - 150
151 - 200
201 - 300
Fee
$ 25
$ 50
$ 75
$100
$150
No private group of over 300 will be allowed to reserve facilities
at any park. (Maximum number at Staring Lake Park will be 150.)
3.10 ASSESSING FEES
Abatement fee = $5.00 per parcel per year.
Copy of Appraisal/Field Card = $2.00
3.11 CITY CODE
City Code - bound copy = $25.00
City Code - Chapter 11 = $ 4.00
City Code - Chapter 12 = $ 3.00
-15-
Fees not stated in this Resolution may be set by the City Manag
e
r
.
All Resolutions of the City of Eden Prairie, Minnesota, relating
t
o
fees heretofore
adopted are hereby repealed.
ADOPTED, by the City Council of Eden Prairie this
Wolfgang H. Penzel, Mayor
ATTEST:
John 0. City Clerk SEAL
-16-
2_1(-3
Welcome Home
JAMES JUST, EXECUTIVE DIRECTOR
PHONE: 1612) 4747052
4250 STONEBRIDGE CIRCLE
MINNETRISTA, MN 55364
November 30, 1984
Mt. Carl Jullie
City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota
55344-2499
Dear Mr. jullie:
Pursuant to our telephone conversation, I would like to request that a date
be set for a hearing before the City Council of Eden Prairie to appeal the
decision of the Board of Appeals and Adjustment on Thursday, November 8, 1984
regarding a request by Welcome Home for a variance from City Code, Chapter 11
Section 11.66, Subd. 2.
Thank you for your consideration.
Sincerely,
(25 -7 6
Barbara Iundstrom Willcox
2-Hq
pal )f Appeals and Adjustments 2 November 8, 1984
James E. Conlin, contractor, was concerned about the low elevation.
Water coming down the drive may be diverted to the neighbors yard.
A retaining wall would have to be built.
Sam Latson, 15508 North Eden Drive, remarked that it was not a
problem with the neighbors. He is on the uphill side. There is
no obstruction of view from the street.'
Dickey remarked that it is a 34.4% variance.
Mel Terwedo, 15424 North Eden Drive, was unable to attend the
meeting. In a letter dated November 6, 1984, he stated that he
would like the garage built as originally proposed, on the front
of the lot.
Dickey called attention to the fact that he had required two things
of Pendleton: Discussion with his neighbors and a bid for a retain-
ing wall. The neighbors were spoken to and bids were received.
Anderson remarked that the other alternative mentioned at the October
8, 1984 meeting was to make a different living area at the back of
the house. Pendleton stated that the alternative wasn't examined
because they would have had to purchase a new furnace and do extra
duct and electricity work.
MOTION: Dickey made a motion to approve Variance Request
#84 -52, submitted by Bertwood Pendleton with the following
findings:
1) Neighbors have been spoken to.
2) A plan for improving the aesthetic aspect of the property
has been made.
3) This is for the health and welfare of the City of Eden
Prairie.
Anderson seconded the motion. Motion carried unanimously.
B. Request #84-53, submitted by Welcome Home for property located at
7170 Bryant Lake Drive, (formerly Flying Cloud Drive). The re-
quest is for a variance from City Code, Chapter 11, Section 11.66,
Subd. 2, to permit a maxiflum of 18 unrelated adult residents in a
l'family care home." (Code permits 6 maximum.)
This variance request was continued from the October 11, 1984
meeting. A recommendation from the Human Rights and Services
Connlission was not available at that time. Legal advice was
also requested from the Eden Prairie City Attorney, Roger Pauly,
(See Exhibit A.)
Barbara Lundstrom Willcox, program director/administrator of Welcome
Home, spoke to the request. This facility would be one of five lo-
cations proposed by Hennepin County for respite care services for
mentally ill individuals. Care services would not exceed 60 days.
2-11
rd c peals and Adjustments 3 November 8, 1984
Clients will be pre-screened by psychiatrists. The Bryant Lake
Drive site was chosen because it poses a tranquil, peaceful, home-
like atmosphere. It is set apart from other homes in the area with
woods surrounding three sides of it. The Eden Prairie area was
chosen •to address the needs of suburban people. An assessment of
each individual's mental illness is determined. The program is
designed to help clients find answers by referring to other people
and/or helping them to develop skills. Welcome Home is staffed by
experienced professionals. The Department of Public Welfare sets
guidelines and standards for the staff.
Krueger inquired about transportation. Willcox stated that a van
will be provided for imediate transportation needs. Shuttle ser-
vice to certain areas such as Southdale will be provided where
public transportation can be obtained.
Dickey pointed out that what we are talking about is a single
dwelling to allow 6 people or 18 people in the home. It usually
calls for one family in a single family dwelling. All other
aesthetic values have nothing to do with this Board.
Willcox stated that the home had been used as a multiple family
dwelling prior to the ordinance in 1969. Krueger remarked that
there are dwellings in Eden Prairie that have been made that way.
No permission or rezoning was obtained. .
Roger Pauly, City attorney, commented that Jean Johnson, zoning
Administrator, and Steve Durham, assistant planner, inspected the
building. Durham stated that it initially was the City's opinion
that through word of mouth and letters submitted, that the structure
possibly had 2 units. There was no legal documentation. Upon
examining the structure, it was concluded that it is a single
family structure. There were no physical barriers indicating
different units. There is one sewer hook-up, one water hook-up,
one electric meter, and one gas meter. There are three kitchens
in the home. No building permit was ever taken out through the
City, so the City had no knowledge that there were two units in
the facility. It was originally constructed as a single family
home in a rural zoned district.
Susan Lentz, attorney with the Mental Health and Welfare and Legal
Aid Society of Minneapolis, was present. She spoke on behalf of
the Mental Health Association of Minnesota and the Mental Health
Association of Hennepin County to express support for the concept
of Welcome Home in Eden Prairie. Lentz passed around a letter
written by George Carr, executive director of the Mental Health
Association of Minnesota. (See Exhibit B.) Carr expressed his
support for the concept of the facility in Eden Prairie. Lentz
pointed out that a facility for a mentally ill individual is lic-
ensed by the State Department of Human Services. It is the role
of the State Department of Human Services and various health
authorities to insure that the program is adequate in funds.
Hennepin County has already decided to grant a contract to Welcome
Home. In his letter, Carr pointed out that absence of sidewalks
,ard Appeals and Adjustments 4 November 8, 1984
and the presence of the creek are not critical to mentally ill
people. Also, numerous studies have shown that there is no de-
crease in property values when a facility is located in a neigh-
borhood. Copies of these studies are available.
Dickey noted that the concerns being discussed are not germane to
the request. The discussion is regarding a single family dwelling
and the number of people in it. Lenz remarked that they were there
to see if a variance can appropriately be granted. Lenz believed
that it could.
Jack Strothman, attorney for Welcome Home, stated that the issue
must be decided with the City Attorney if it is a multi-family or
a single family unit. The facts that the City has must be weighed
by the City Attorney.
Pauly stated that we should not get into the merits of the facility.
The concern of the Board is the use of the particular property, the
increase of the number of persons and the type of use that would be
contemplated, if granted.
Strothman stated that the issue still remains if it is defined as a
single family dwelling.
Pauly responded that the property is zoned rural. Permitted uses
in a rural zoning include a single family detached dwelling and
accessory structure without platting,on parcels of five or more
acres, but less than ten acres, as of July 6, 1982. This property
existed as less than one acre as of July 6, 1982. The report of
Inspection indicates that there doesn't appear to be any division
of apartments or separation of living units in this facility. There
are several bedrooms, 3 bathrooms, and 3 kitchens, all intermingled,
with no separate entrances. There is one water service, one sewer
and electric service. In a rural zone there is a permitted use of
single family detached dwellings. A single family dwelling is
defined as a building designed for or occupied exclusively by one
family. A family is defined as not more than 5 persons living
together. The group home part of the Code, says that it is 6
living together and maintaining a common household. This facility
appears not to be designed for multiple family. At this point,
the record indicates that it is a single family unit. The burden
of proof is upon the proponent to show that there is some non-con-
forming use that is presently being made of the property which began
prior to October 1969, when the restriction on the use of the rural
property was first adopted.
Apparently, the only proof that the City has of a pre-existing
multiple use is a letter written October 25, 1984, by Illah M.
Sutton. (See Exhibit C.) The fact remains however, that it is
not designed in the sense that it has more than one living unit
in it. It would still require the determination on the part of
the Board, that the variance either from 6, or if it is duplex,
12 people, would have to be granted to permit the occupancy by 18.
The Board of Appeals is authorized to hear requests for variances
from the literal provisions of the ordinance where a strict
21 1
ard Appeals and Adjustments - 5 - November 8, 1984
enforcement would cause undue hardship because of circumstances
unique to the individual property. A variance may be granted
when it is demonstrated that such action will be in keeping with
the spirit and intent of the ordinance. Undue hardship means that
the property can not be put to a reasonable use if used under con-
ditions allowed by the zoning provisions of the Code, and the plig
h
t
of the landowner is due to circumstances unique to his property,
not created by the landowner. The variance, if granted, will not
alter the essential character of the locality.
Dickey showed concern with the Board of Appeals' power to grant
variances. We are looking at the number of people and whether
It is a single home or a multiple dwelling.
Pauly commented that under the ordinance, there is a multiple
situation permitted. Two family units can have 6 persons. Under
the group home ordinance, it permits it permits 12 adults. Under a
state statute it says that a multiple residential facility can
accommodate from 7-16 persons. Under the state statute, that type
of use is permitted in a multiple residential type of use.
Strothman inquired if there waS a written report of the inspection.
Durham replied no, not at this time. Strothman asked who did the
Inspection. Durham said that the inspection was done by himself
and Jean Johnson, zoning administrator. Pauly stated that he had
received a memorandum from Durham dated November 5, 1984, regarding
the inspection of the dwelling at 7170 Bryant Lake Drive. Pauly
remarked that a copy of the inspection could be forwarded to Strothm
a
n
.
Strothman stated that he would like a copy of the inspection report
.
Strothman stated that if they have a multiple family use here we
have a guideline that may approach to 16. They still are requesting
a variance to 18. The question is the extent of the variance re-
quested. Strothman believed it to be a multiple family dwelling.
Strothman added his clients have stated that there are separate
entrances and there are doors between, that do contain locks.
Strothman felt that what we have by the affidavit, and the continue
d
use thereafter, is a multiple family dwelling. The City, along wit
h
Its inspector and attorney, will have to address that decision.
•
'Pauly stated that it is incumbent upon the proponent to prove that
it was a prior non-conforming use. It is not incumbent upon the
City to supply that information. StrothMan remarked that they are
prepared to do that. The present owner can be brought in.
Pauly asked Strothman if they had an affidavit. Strothman said
that they would provide an affidavit and get sworn testimony.
Pauly noted that the proponent was advised to get evidence proving
what the non-conforming use was. Strothman said that he didn't
realize that the statement of the former owner had to be taken
under oath. Strothman said that they are prepared to provide that
evidence. They believe that the facts presented, as told by the
client, are accurate. Strothman encouraged the City to re-
inspect if they felt something was missed.
Nrd Appeals and Adjustments 6 November 8, 1984
Nelma Mavison, 6613 Canterbury lane, is with the Association
for Retarded Citizens. Her main reason for coming is to make'
people aware that this can happen to anyone. We should welcome
an opportunity to reach out and help these people that need
respite care.
Jan Check, 6880 Sugar Hill Circle, psychiatric social worker at
West Hennepin Community Mental Health Center, endorsed the concept
of Welcome Home. Check co-ordinates the after-care program for -
people who do have recurring psychiatric illness. Currently,
there are 8 clients using their services who live in Eden Prairie.
The only residential program located in the suburbs is in Bloom-
ington. Each community should have its own mental health program.
If a client must go to another area of town for respite care, there
could be a change in culture.
Tom Esser, director of South Hennepin Human Services Council,
explained his reason for attending the meeting. The citizens
of the South Hennepin area should have the right to receive
services close to their homes. In regard to a letter written
by Wilkie to the Human Rights and Services Commission, it was
Indicated that the South Hennepin Human Services Council did
not approve this project. (See Exhibit D.) The Council does
not get into approving or disapproving sites or programs. However,
the Council is supportive of the concept of the location of pro- /
grams of this type.
Krueger wondered why the Human Rights and Services Commission
denied this request. Willcox responded that they did not want
to take a stand because they did not have enough information on
the site. Also, they were concerned about the issues of facilities
for access of handicapped people in the building.
Willcox remarked that theY'have made application to the Department
of Public Welfare, Department of Health and the Fire Marshal.
Debbie O'Gara, 7024 Springhill Circle, is business manager of Vail
Place. She stated her support for the mental health services
offered by Welcome Home.
Marge Wherley, co-ordinator for development of residential mental
health programs in Hennepin County stated her concerns. This pro-
gram is most designed to serve suburban Clients. A survey was
made of 87 facilities and 62% of the facilities are operating in
single family and duplex type buildings; 20% are located in huge
dorms or hotels. Only 15-18% are used in apartment buildings.
Single family residences and duplexesare ideally suited for this
type of client.
Dickey asked how Eden Prairie became the choice of the site.
Willcox replied that the location met what was wanted in a setting:
tranquility and peacefulness. An advantage was the Vo-Tech School
nearby.
wz, Appeals and Adjustments 7 November 8, 1984
Kent Molde, 7040 Willow Creek Road, president of Willow Creek
Association, urged denial of the variance request. He represent-
ed the neighbors immediately abutting the proposed project. (See
Exhibit E.) Molde is a physician and is not personally against
the conce1;:. If it were a 6 person level of operation he would
not have reservations against it, although some of his neighbors
might. It is not a transitional neighborhood. Concern was also
raised regarding handicapped provisions. The home is of a victor-
ian type, with multiple floors, and probably narrow stairways.
Don Johnson, 7261 Willow Creek Road, stated that his main concern
was the distinction between a duplex and a renter. Johnson lived
adjacent to 7170 Bryant Lake Drive for 12 years when the Suttons
resided in the house in question. Don Hanson, the present owner,
was a renter at that time. The property is less than one acre.
Of that portion of the property, about 1 /3 of that is across the
creek. Johnson's property abutts the property by 100'. The west
side of his property is 10' from the proposed facility.
Don Sorensen, 7121 Willow Creek Road, pointed out that the statute
s
and local ordinances are definitely stating the basis upon which
the ordinances can be granted. They are of a restrictive basis.
Sorensen had not heard anything which would justify giving any of
the above criteria any action of approval. In a situation of this
nature, it is incumbent upon the people who are asking for the
variance, that they must provide a burden of proof, to convince
you that the situation in regard to the variance is correct.
There is an admission that there will be structural modification.
The proposal shows that there is a 2 or 3 year lease. If the
lease is not renewed, you can have a structure which has been
redesigned with finances to push the use up. The Guide Plan
provides for a single family area. The fact that it was used as
a renter at one time without City approval, without structural
modification at that time to change the actual structure, does
not permit the interest that the property was a duplex. Sorensen
noted that: 1) The burden of proof has not been met. 2) The
criteria upon which you can legally grant a variance has not even
approached being met by this situation. 3) Given the laws which
are there, there is no basis to grant a variance. 4) It is not
a change in numbers; it is a change in use which is not authorized.
MOTION: Dickey made a motion to deny Variance Request
#84-53, submitted by Welcome Home, with the following
findings:
1) There is no basis for multiple dwellings here to be
Improved.
2) There is no burden of proof that has been shown.
Discussion: Pauly commented that in our decision we would
have to separate out the evidence relating to the method of
operation of the facility.
2'1.20
Appeals and Adjustments 8 November 8, 1904
The Human Rights and Services Commi
s
s
i
o
n
n
o
t
e
d
t
h
a
t
t
h
e
facility is pecularily within the j
u
r
i
s
d
i
c
t
i
o
n
o
f
t
h
e
.
Commissioner of Public Welfare. It
i
s
n
o
t
w
i
t
h
i
n
t
h
e
C
i
t
y
'
s
jurisdiction or responsibility. De
c
i
s
i
o
n
s
s
h
o
u
l
d
b
e
m
a
d
e
o
n
the basis of the expansion of the
n
u
m
b
e
r
s
a
n
d
a
n
y
p
h
y
s
i
c
a
l
changes that have been shown with r
e
g
a
r
d
t
o
c
h
a
n
g
e
s
.
Anderson seconded the motion, addi
n
g
t
h
a
t
t
h
e
h
a
r
d
s
h
i
p
o
f
not being able to have 6 adults has
n
o
t
b
e
e
n
d
e
m
o
n
s
t
r
a
t
e
d
.
Motion carried unanimously.
Pauly inquired if Krueger wished to
r
e
f
e
r
t
h
i
s
m
a
t
t
e
r
t
o
t
h
e
Staff for preparation of more detai
l
e
d
f
i
n
d
i
n
g
s
.
K
r
u
e
g
e
r
responded yes. Strothman asked if
t
h
e
i
n
f
o
r
m
a
t
i
o
n
w
o
u
l
d
b
e
prepared in advance so that they wo
u
l
d
h
a
v
e
a
n
o
p
p
o
r
t
u
n
i
t
y
to review it. Pauly replied yes.
Pauly stated that should an appeal
b
e
f
i
l
e
d
,
t
h
e
C
i
t
y
C
o
u
n
c
i
l
would set a date for a hearing.
C. Request #84-56, submitted by Gary H
e
l
l
e
n
f
o
r
p
r
o
p
e
r
t
y
l
o
c
a
t
e
d
at
19115 Pheasant Circle. The request
i
s
f
o
r
a
v
a
r
i
a
n
c
e
f
r
o
m
C
i
t
y
. Code, Chapter Ti, Section 11.03, Sub
d
i
v
i
s
i
o
n
2
8
,
t
o
_
p
e
r
m
i
t
a
n
accessory structure 8 feet from the
p
r
o
p
e
r
t
y
l
i
n
e
.
(
C
o
d
e
r
e
q
u
i
r
e
s
10 feet.)
Karen Hallen representing Gary Hall
e
n
,
r
e
v
i
e
w
e
d
t
h
e
r
e
q
u
e
s
t
w
i
t
h
the Board. Neighbors were in suppo
r
t
o
f
t
h
e
e
x
i
s
t
i
n
g
s
t
r
u
c
t
u
r
e
.
Dickey inquired if the structure w
e
r
e
c
o
m
p
l
e
t
e
d
.
H
a
l
l
e
n
r
e
p
l
i
e
d
that some painting remained to be d
o
n
e
.
Durham stated that the Building De
p
a
r
t
m
e
n
t
s
u
g
g
e
s
t
e
d
t
h
a
t
a
o
n
e
hour fire wall be installed becaus
e
o
f
t
h
e
p
r
o
x
i
m
i
t
y
o
f
t
h
e
structure to the house.
MOTION: Dickey made a motion to app
r
o
v
e
V
a
r
i
a
n
c
e
R
e
q
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#84-56, submitted by Gary Hallen wi
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e
f
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i
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f
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d
i
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g
s
:
1) The percentage of the varianre.is lo
w
.
2) There is verification that the neig
h
b
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r
s
a
p
p
r
o
v
e
t
h
e
variance.
3) The structure is going to be paint
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t
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e
s
a
m
e
a
s
t
h
e
h
o
u
s
e
.
4) A one hour fire Wall shall be const
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d
o
n
t
h
e
w
a
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l
opposite the door and adjacent to t
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.
Anderson seconded the motion. Moti
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i
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.
D. Reqpest #.84-57, submitted by Jack
L
.
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r
_
p
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o
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t
Y
_
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P
c
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e
d
at 6843 Washineton Avenue South. The reque
s
t
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s
f
o
r
a
v
a
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i
a
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e
from City Code, Chapter 11, Section
1
1
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OPUS CORPORATION
IL; • ilull Ift W; • a VEL01 .01,
November 30, 1984
The Honorable Wolfgang Penzel and
Members, Eden Prairie City Council
8940 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: Opus Plaza Office Building
Dear Mayor Penzel:
The Opus Corporation requests a three year extension for the P.U.D. z
o
n
i
n
g
c
u
r
-
rently enforce on the Opus Plaza Office Building parcel which is Lot 1
,
B
l
o
c
k
1
,
Opus Second Addition in Eden Prairie.
In 1982 the Council granted a two year zoning extension for this pro
p
e
r
t
y
.
W
e
anticipated that the building would be under construction sometime du
r
i
n
g
t
h
e
interval of that extension. However, a softening in the demand for o
f
f
i
c
e
s
p
a
c
e
,
as well as the unexpected availability of a comparable site north of
O
p
u
s
C
e
n
t
e
r
upon which we are now constructing the Gateway North office building
h
a
s
p
u
s
h
e
d
out our time line for construction of Opus Plaza.
Our market analysis indicates that space within Opus Plaza should be
i
n
d
e
m
a
n
d
again somewhere around 1987. Of course, if a major corporate headqua
r
t
e
r
s
t
e
n
a
n
t
expresses an interest and commitment to the excellent image and loca
t
i
o
n
o
f
O
p
u
s
Plaza, we will commence construction a lot sooner.
Therefore, we are requesting a three year extension for the P.U.D. z
o
n
i
n
g
o
n
t
h
e
Opus Plaza site.
Thank you for your patience and understanding. Best regards and wis
h
e
s
t
o
a
l
l
of you for the upcoming Holiday Season.
Very truly yours,
/24/1,v.dWii
Robert A. Worthingtj, AICP
Executive P1 rector-Government Affairs
CC: Carl J. Jullie - City Manager
Chris Enger - City Planner
.Z"1 22-
11114111 I, • lIft At • 1,1,tt 111 • 41 ,14,4,111
1411 tIM 01 III IL 00 QitISt NO II. Y.110(11,4 4,14(11,:! • PO 11114 v,o • MINN( ApOLIS NINNLSOTA 15443 If•n 71 93114444
TO: Mayor and City Council
FROM: John D. Franc, Finance Director
DATE: December 14, 1984
RE: Final approval M.I.D.B.'s Normar Investments $750,000 -
Resolution No. 84-326
The City Attorney's office has approved the final documents. The
resolution is in the Mayor's signature file.
JDF:bw
12/14/84
MEMORANDUM
TO:
Mayor and City Council
FROM:
City Manager Carl J. Jullie
RE:
Hidden Glen 2nd
DATE: December 14, 1984
As of late Friday afternoon, December 14th, we did not have all
the necessary attachments for the Developer's Agreement so that it
could be included in the packet. We plan to try and have all
documents in order for your approval on Tuesday evening.
CJJ:jp
2124
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Carl Jullie, City Manager
Bob Lambert, Director of Community ServicesTM'
November 28, 1984
Purchase Agreement with Joseph and Jay Dolejsi
for Hidden Glen Park
As a part of the final approval for the Hidden Glen Development, the City
outlined the terms of a purchase agreement for the 8 acre neighborhood park
referred to as Hidden Glen Park. The City agreed to pay $80,00 for the park,
and as a part of the agreement, the developer agreed to pay for $10,000 of the
estimated $14,000 grading contract to grade the park. The grading will be com-
pleted in 1985 with the extension of Dell Road.
Attached, for your review and approval, is a copy of the purchase agreement
that would require the City to pay $40,000 down in 1984 and $20,000, plus
8% interest in 1985 and in 1986. The City will take possession of the prop-
erty upon the date of closing. City staff have reviewed this purchase agree-
ment and recommend approval of the purchase agreement and authorization to make
the initial payment. .
BL:md
City of Edon Prtlirie
Agent
01.51.1'
F.the dove Pod, do betel,- anoint
thorliv
„31 Karl rtoltsjs i
•.1 Sir
Ice
By:
N.! 1,1741
MILI.Elt• 1,11S Co. PURCHASE AGREEMENT
rvity.
”
K —11u, • r. Receipt
Minn, . ......... , 1984.
RECFIVED OF City of Eden Prairie
the lam .1 One Hundred and . NO./.100. ............ (N 100•00 ) DOLLARS
ch.h.„.... ..... on =Mat money and ill part payment for the purchase of property at
Sitlillfa in the
County of HerulePln Ssne of hlinnesora, and legally described no follo‘s, row&
See Exhibit A attached hereto.
including all garden bulbs, plan,, shieths and trees, all storm sash, stornt timers, detachable vestibules, screens, awnings, mINIOW
shack% blinds (including venetian Winds), curtain rods, traverse rods, drapery mils, lighting fiteures and bulbs, plumbing
Irian.% hot re.10,1 Links and heating plant (with any burners, tanks, stokers and other equipment used M 501111,1 n011 there.
with), water softener and liquid 'es tank and controls (if the property' of seller). sump pomp television antenna, incinee•
mot, builvies dislmasliet, garbage eliquis41, ovens, cook top stoves and central lie conditioning equipment, if any, used and
located on sAid pietnises and includsug also the following personal property:
all of which property the undersigned has this day sold to the buyer for the sum of:
.Eighty Thousand and No/100 - ...... - ......... ---------- ....... -( 80,000.00 ) mans,
which the buyer agrees to peep in the following manner:
Earnest money herein paid $ 100.00 and $ 3 9 ,900 .00 , cash, on Og aaFOge 12/4ef the date of closing.
$40,000.00 with interest therein at 8% per annum by contract for deed, a copy of
which is attached hereto and made a part hereof.
FOR ADDITIONAL TERMS AND CONDITIONS SEE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF.
Subjert to performance by the buyer the seller agrees a neeete and deliver Contract for Limited Watener Deed
(to he joined in by spouse, lion) conee risc mulicirble tide to raid preniiks whites only turf
r
c(011PWIVIerierleinnir
(a) Building aid hiho ordinantes. hratc aced Poicfal teguratons. t) Specia assessmen t s, s, penctsnr
tbs rn r
htt
nl ea".6" approved or levied against ,
(r) Reservation ot any ininfo,1 rigto rite Sloe of hlinini sota.
(d) litillty aevl drainare coenirni, hlitili not iftholoo with risen< Improvements. premises.
f el litylits eel rcn.11.n . ie.-Lei...I. to, scliwif to tet.niiai 'r
XXXXXXXIXXXXX /I xxxXxxxxxxxxxxxxxxxxXxxxxxxXxXxxxX*041xxxxxxxxXXXXXXXxxxxXXxXxxxaCX
XXAXxxxXxX)PxxxXXxxX)C.XxXifxXXxxXxx ,xxXXXxxXxXXXXxXxXXxxxxxxxxxxxxxxxxxxxxXxxxxxXXxXxxXxit
!OIL fi.11 or noohnuoovad — state lb Ilith I
Neither, the ahut not the reit,' 'ham make any replet,i.lion or oarfanrs wharrosiver concerning , the .tionnt of real estate gases
which shall be .11,a,l'd a,,ilot thy preheats , suluoireent to tne doe of petilmo.
Seller 10VCCAllri dirt If VI, Ut ratite', • idiot he hoanilary lines f do hraroftv and otees to remove all poi relfnirotr
„ii
,ggsc,,te,ii,Atip,vA t,,,,e,y,,el.i*XtereMtKXXXXXXXX.g
(X)(41XX XX%)!NXXXX X %XXX XE:XX XX)IIS XIC.XXiaK A /Oen XXV(XteM .X)e)(01 IfIAXXXX):1(iiii)o.:XX1(X,aXXXX ANKKWI XX %XXX
lirtANXXXXXXXxXXXX f the The,x, hod, r aoirs to Jerkier ciiiiriston drOx2xxx date of closing that a!l fir:1.186.)ns of her
sigttenirot haie ssifii. se, oil am silt: shall Is- siaisil on iir loins, MI filfs horn lien datc Ion of
he the tont this prn,giv drittoyel fir stain...Mr hy or Alle calico cam, beton. the closing dare. aeleth1(11% shit
hemnie mill awl sold. Of pot,havo 's open., and all monk vela hen:emir, dotil lee riftinticil neloine.
l 'he ht..; old .1let ale. naircilIs refry tho poi o afriy •fici nts of totoi,noc i sof and 64' water. are). do CAC Of
iisconic phigoth. 014,40 otocilin, tip..., dull „s eel the Gate o f closing
Th, 0,11, ,,,Ifos.11 e,l do, agreement furnish an of title. fir a iticiorn,1 Propene
t colt el to doe h. i:e1oiie holier it -.OA and State Anil lc,ie Cal rat a n.. Anil Iwo, lie, leo" lie
teela, raeeer n.eoit then, i tor e‘an.inati.h ot iii.1 tiOr Aral roir log or aces ol i ttitcait then, seal so le Incly in
weir., of of, .1 ta I, It oti aoe.eec,adi the srlict shrli h . a': f ool lid do, re tad reel, tr. ol
eorro,tion IITIV rociacil .1 ,11 hot neon tortection of mit old unlit.. 10 days on f anon.,
h. rio lievro .1,11 tofhoin At n ••1 •11 1 i, lee11.1
Si %Al.' 04- n Ie., r`..1`,C 41,1 f n 11,1 Iff naff Fi .01411 1T'If .1.,• Iron On ...re ot rirtrn then, as do,
non, sh .11i.c.rll oaf sot.I, ..ei, lithir, ao!cuedic r rii 1..4,11 he ilotoio. hot n41,1‘t fif tfo n
M cue l..e. Ic , lie he rho,: sliali ice fcron.1 ,',1 ft th. WI, 10 i.ol joitoos ortiot o n I
foul •ihi a cot do,. ot id 14. hi 1.111...11,! 111 n ft uuit tcr peri...1 do, tion .111.i III cl,.ce Ca, 1,, wil“ re,
tormihitc the coat ti rotioara, all ilo ni tieoii oniviait shah fitoo,.I by r oal
n ,n Iff f. •••n 11, Oil rho iit go.n iota int II ,ohie,t sii.111 11.4 I, atorceol. and joadca aintin
hi sich 41.4i1 .11 n ••n ./f n It11,..1 It 4/11 • fllifIlffl, otir of orlon doll an,
I ori too tree.. ai thoiioal tho ohne, ce IA promos en hrithio an( di ft ho o
fir fi 1.1onef "n ..... on. of this hi noon to f iiocto for thi cahoot to ./,,y pad
I hi. oir at
The fleltvety tif al:havers o,4 leant. shatilie nta.fr at the otToe
‘1, II 1.1111.) C a lv 10 1 .4,10 .1c1 .•',
110 S.,1 1,1\1.1\ .• /I le C cl'.tril',a',1,01 n 111 ,1{,14A11111 ,1 tio o
A. 1 o ol t 1 1.4,1 .,1 -1rc..vsololik. te.t.
ADDENDUM TO PURCHASE AGREEMENT
DATED , 1984 .
Joseph Karl Dolejsi and Jay Calvin Dolejsi,
As Trustees of the Joseph Dolejsi Irrevocable Trust Agreement dated December 31, 1976
Seller
and
City of Eden Prairie, Buyer
Buyer and Seller agree that the terms of the Purchase Agreement to which this
Addendum is attached shall be modified, supplemented and amended as follows:
1. TAXES.
Real estate taxes due and payable in 1984 shall be pro rated between the
parties as of the date of closing.
2. SPECIAL ASSESSMENTS.
The Derrick Land Company has agreed to pay all special assessments pending,
approved or levied against the property in a Developer's Agreement with Buyer.
City of Eden Prairie
By:
BUYER
Joseph Karl Dolejsi .
' Jay Calvin Dolein
As Trustees of the Joseph Dolejsi Irrevocable
Trust Agreement dated December 31, 1976
SELLER
111:,kX1
EXHIBIT A
LEGAL DESCRIPTION OF PARK AREA IN HIDDEN GLEN (8.0 ACRE PARCEL)
That part of the South half of the Northwest Quarter of Section
6, Township 116, Range 22, Hennepin County Minnesota described as
follows;
Commencing at the Southwest corner of said South half of the
Northwest Quarter; thence on an assumed bearing of North 89
degrees 25 minutes 57 seconds East along the South line of said
South half of th Northwest Quarter a distance of 1190.17 feet to
the actual point of beginning of the land to be described; thence
North 89 degrees 25 minutes 57 seconds East a distance of 667.66
feet; thence North 0 degrees 37 minutes 53 seconds West a distance
of 404.60 feet; thence North 71 degrees 36 minutes 11 seconds West
a distance of 509.19 feet; thence Northwesterly a distance of
208.76 feet along a tangential curve to the right having a radius
of 800.00 feet and a central angle of 14 degrees 57 minutes 04
seconds; thence South 0 degrees 37 minutes 53 seconds East a
distance of 662.77 feet to the point of beginning.
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Carl Jullie, City Manager
Bob Lambert, Director of Community ServicesC-
December 13, 1934
Dolejsi Land Donation
Attached to this memo is a copy of a letter from Mr. Joseph Dolejsi regarding
his intent to donate 2.86 acres of land that would abut Hidden Glen Park in
northwestern Eden Prairie.
This land will be domted free and clear of taxes; as it is floodplain property
there are no special assessments on this property.
With the acceptance of this property, the 8.5 acre park site will now connect
with the 110 acre open space property already owned by the City on the east
side of Dell Road.
Community Services staff have reviewed the property description to verify its
location and recommend the City Council accept this donation, and authorize
staff to send an appropriate letter of gratitude.
BL:md
2.V9
December 12, 1984 .
Mr. Carl Jullie
City Manager
8950 Eden Prairie Road
Eden Prairie, MN 55344
Dear Mr. Jullie:
I have been a landowner and resident in Eden Prairie for the past 25 years.
I have been pleased with the services provided by the City and I an now in
a position to show my appreciation. Therefore, I would like to make a charitable
contribution to the City of a portion of my property located north of Duck
Lake Trail on Highway 101. The property described in the enclosed deed is
2.861 acres and is valued at approximately $10,000.00 per acre. It is my
understanding, from a discussion with Eden Prairie City officials, that there
are no special assessments on the property.
I sincerely hope that the property contributed can be used for the betterment
of Eden Prairie. It is my understanding that the City would consider using
the property contributed for park purposes.
Enclosed is an executed deed transferring the property to Eden Prairie.
Please sign one copy of this letter and return it to me if.the City is willing
to accept this contribution.
Best wishes for continued success in your administration of the City. I
hope to be a .resident of Eden Prairie for many more years.
Sincerely,
'Joseph Dolejsi
Accepted:
City of Eden Prairie
By _
Jul-TiT--,
December 12, 1984
Mr. Carl Jullie
City Manager
8950 Eden Prairie Road
Eden Prairie, MN 55344
Dear Mr. Jullie:
I have been a landowner and resident in Eden Prairie for the past 25 years.
I have been pleased with the services provided by the City and I am now in
a position to show my appreciation. Therefore, I would like to make a charitable
contribution to the City of a portion of my property located north of Duck
Lake Trail on Highway 101. The property described in the enclosed deed is
2.861 acres and is valued at approximately $10,000.00 per acre. It is my
understanding, from a discussion with Eden Prairie.City officials, that there
are no special assessments on the property.
I sincerely hope that the property contributed can be used for the betterment
of Eden Prairie. It is my understanding that the City would consider using
the property contributed for park purposes.
Enclosed is an executed deed transferring the property to Eden Prairie.
Please sign one copy of this letter and return it to me if the City is willing
to accept this contribution.
Best wishes for continued success in your administration of the City. I
hope to be a resident of Eden Prairie for many more years.
Sincerely,
. .
/Joseph Dolejii
Accepted:
City of Eden Prairie
411By Carl Jullie, City Manager
):)
onolvouulli 11) to liti.vniva.111
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No
, 19
County Audstor
by
Deputy j
STATE DEED TAX DUE IlEltEON: $
Date: 19 84
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Joseph Doleisi and Tillie Antoinette Dolejsi,
husband and wife , Grantor (s),
(Mgr 171 Stalkill
hereby convey (s) and quitclaim (s) to The City of Eden Prairie, a municipal corporation
Grantee (s),
real property in lientrp:in County, Minnesota, described as follows:
That part of the South half of the Northwest Quarter of Section 6, Township 116, Range 22,
described as follows:
Commencing at the Southwest corner of said South half of the Northwest Quarter; thence on
an assumed bearing of North 89 degrees 25 minutes 57 seconds East along the South line of
said South half of the Northwest Quarter a distance of 1857.83 feet to the actual point of
beginning of the land to he described; thence North 89 degrees 25 minutes 57 seconds East A
distance of 442.04 feet; thence North 26 degrees 36 minutes 11 seconds West a distance of
213.50 feet; thence Northwesterly a distance of 235.62 feet along a tangential curve to the
left having a radius of 300.00 feet and a central angle of 45 degrees; thence North 71
degrees 36 minutes 11 seconds West a distance of 186.86 feet; thence South 0 degrees 37
minutes 53 seconds East a distance of 404.60 feet to the point of beginning, containing
2.86 acres more or less.
The total consideration for this transfer of property is $1,000 or less.
(if niece tpme Is needed, connnue an Cock)
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
Sop' Dolejs)
C •
Tillie Antoinette Dolejsi
STATE OF MINNESOTA
COUNTY OF HENNEPIN
,,711
The foregoing instrument was rich nowledged before me day of , 19 84 ,
by JosePh Dole isi and Til 1 ie Antoinette Poi ejs iusbarilr atid eate
, Grantor (s).
NOTARIAL STAMP OR SEAL NMI OMER TITIN OR R ANK)
'emonemototmeno t.m....Arro N,
non-:wt. FERP.It3
' COT:: .11 eLfig) C.: OTA
iri7::7:71e04 C011,,J fY
2 ,A OCA 17. via 4
iwarawdoefort:Nemv“:404.4.461of
IIISINSTRMMENTWAS PRAFTED SY IMAM AND ADDRESS):
John K. Bouquet
Thomsen , Nyheck, Johnson, Bouquet
R Van ValtaintilIrg
7250 Franco Aviintie South, P102
Edi , Mi micsota 55435
•
i7f.!.?.a Th. ER SON TA KINQACKSOWLEDGMENT
Tn , Smtement• Ion us. see PLnn•rtv described In this 11191eVinent nhould
IA sent to (Include name and sthIreto of Otantet):
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #84-325
RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROCKY ROCOCO PIZZA
FOR THE PRESERVE .
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Rocky Rococo Pizza, for The Preserve, dated October 22,
1984, consisting of 0.89 acres into one lot, 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, My Clerk
Ell
C (",
,
80-31'; •
OFC )17?cti0-11
Of C 213
351. 77 C-REG
cc
PROPOSED SITE
c.Pc7..."
-x1t. C Nt'C,
ItT;ij LL D
ARIA' REPORT
DATE:
PROJECT:
LOCUTON:
APPLIpaf:
EFF MUER:
REQUEST
Manning Conndssion
Michael D. Franzen, Senior Planner
Chris Enger, Director of Planning
November 23,1984
Youngstedt Service Center/Rocky Rococo
Southeast quadrant of Highway t169 and Medcom Boulevard
Youngstedt Service Center/Rocky Rococo
Preserve
1. Zoning District Change from Rural to Commercial Regional
Service for 2.42 acres.
2. Preliminary Plat of 3.15 acres into two lots and two
outlots.
( Background
The Youngstedt Service Center and
Rocky Rococo sites are part of a
land area known as Preserve
Cc..ercial Park South Planned Unit
Pevelonont. The site is guided as
a NuiOhol-hood Commercial use.
Thrrounding land uses arc primarily
Hporcial, either Regional Com-
Cmninoity Commercial, or
Hieharhood Cowtorcial. There is
Residential High Density
ing across Highway fl 89 which is
Castleriiigc Retirement Homo.
tnr e two sites are within Area F of
Preserve Commercial Park. A
.nMor concept plan, in 1974, had
ndicated tive Regional Comiercial
.e.rs on approximately 15 acres of
It site is relatively level with a
iiq area in the seuth cootrJ
paeliod of the site. lhere I. no
exi.;lue siqnificant
uh 10 (0 1 011. An overhod liar
nt dominates tho ,tito 00
it in a north io t.outh
di n oct
in.
Youngstedt Service/Rocky Rococo 2 November 23, 1934
Site Plan - Rocky Rococo
The Site Plan involves the construction of a 3,600 square foot restaurant on 1.4 net
acres of land. Outlot A, representing 0.14 acres east of this lot, is part of a
private roadway. The building and parking areas are located on-site in compliance
with minimum setbacks for Commercial Regional Service zoning. The Floor Area Ratio
is 0.06. Code will allow up. to a 0.20 Floor Area Ratio.
Parking requirements based on 150 seats would be 50 spaces. A total of 58 spaces
are provided. There is a drive-through service provided on the eastern side of the
building. Because of the proximity of the ten-car parking area to this drive-
through lane, it will be difficult for safe and efficient pedestrian movement. In
addition, this ten-car parking area is dead-ended and does not provide an
opportunity for backing efficiently for the two end parkinns stalls. One solution to
this situation would be to redesign the site plan in a manner similar to what is
represented on Attachment A. Attachment A indicates a building reorientation to an
east-west direction as opposed to north-south. The drive-through lane is pulled
around the building in a one-way direction, without interfering with pedestrian
movement in front of the main access to the building. A total of 58 parking spaces
can be provided.
Grading - Rocky Rococo
Since the site is relatively level, a minimal amount of site grading will occur. No
berming is proposed along any of the roadways and parking areas will be visible.
Since there is a 35-foot setback adjacent to Highway 169, there is the opportunity
to construct a berm of at least four feet in height. Parking areas are visible from
the private driveway since five feet of green area is proposed. Storm water run-off
will sheet drain across the parking areas towards catch basins proposed in the
private roadway.
iandscaping - Rocky Rococo
f‘ master landscape plan has been prepared by Howard Dahlgren and Associates for the
..reserve Commercial Park South, which identifies a range of plant materials,
doge:A:ions for appropriate locations, and plant. material sizes. A proposed
..4)(Iscipp plan for Rocky Rococo is consistent with this manual. Plant materials
,v,,rar three -inch in caliper for shade trees and eight-foot minimum height for pine
,d spruce trees. Additional coniierous tres should be planted along Highway viSO
supplexmt the berm and to provide for effective screening of the parking area.
itional plantings will be necessary along the private roadway to screen parking.
rh it ccl turn -..flotkv Rococo
.1 idiug elevations, supplied by the proponent, represent the typical building
,levations used for Pocky Rococo throughout the Twin Cities. Changes have been klade
J these elevzItiow., substitutinq brick for decorative concrete block. Screening
,terials for the outdoor refuse area !dloold also be of - brick. Since this site is
;,trt of the 'r e serve Pt, thero ‘,hoold Iv! a design framework
aich restrict lb! noidoliner, rel3tive to e t y,loo site pla n nilig,
chil ,"dtwe, land'xat60'.!, lie,, screonirg, lio!!!!!, and siOtrdal!:s. This mowidl
!.houli;be su!uitted lo revi(,w prior to any furtiwr boi;ding on the property,
Youngstedt Service! achy Rococo 3 November 23, 1984
Sigvdie and liohlinn - Younortedt (e ,rvice Center and Roeby Rococo
Since this area iii part of an overall concept for a Commerical Park, it is important
to have coordinated site details, such 3s signage and lighting. The proponent
should suhmit an overall signage and ligbting program with specific details for
review. Lighting should be downcast cut-off luminors and signage should be of a
consistent size, and style.
Site Plan - Youngstedt_Service Center
The Site Plan involves the construction of a 6,800 square foot auto service center
on approximately 67,000 square feet of land area at an overall Floor Area Ratio of
0.30. Code would allow up to a Floor Area Ratio of 0.2 for Commercial Regional
Service zoning. Outiot B, to the east of the property, involves approximately 3,400
square feet of land area to be set aside for a private roadway.
Building and parking areas are located in compliance with minimum setback
requirements for Coraercial Regional Service zoning. A total' of 27 parking spaces
are provided. For a building of this size, based upon the proponents building
program, a total of 18 parking spaces would be required.
The building is located on the northeastern half of the site in order to provide a
site for future development. Site B is approximately 28,600 square feet of land
area. Based upon a Floor Area Ratio of 0.2, a building of approximately 5,700
square feet could be accommodated. However, given the configuration of the. property
and the development setback restriction of the Northern States Power line easement,
Staff expects the development of the site plan will he tight and the building
program would have to be reduced in order to provide the required number of parking
spaces.
Crading - Youngstedt Service Center
The site is relatively level and a minimal amount of grading work will occur.
Deming is proposed along Prairie Center Drive to screen parking areas and overhead
doors. Deming should be extended along the private roadway and along Highway #169
to better screen the parking areas. Storm water run-off is proposed to sheet drain
overland across the parking area and driving isle towards a catch basin along the
western property line. From that point, water will connect to an existing 78-inch
storm sewer pipe along Highway #169.
Younn:stA:dt Service Center
The building is proposed to he constructed of facebrick and glass. The brick will
be 0 nray to brown color range. Wintlowill be a reflective bronze colored glass
ond there will be some wood trim over the doorway as an accent material. The
overhead doors on the northeastern elevation will be visible from Prairie Center
Drive. The proponent should indicate the choice of in and colors for the
hint's. Since thee doArs are a mini=m of eight -feet high, her:ling alone will not
provide for eitectire screening and ii 11 have to be supplemented with an appropriate
amount and Si 70 of coaiferow. naterials.
There 1 ,-; an ouicS ,ir r,tocaiw ,iroa at im itt lo and alooq the side of the
building. Datdoor si waed is Hot cjihin a i'oirircial Ps-glottal Service
Yoniog di ,,Irict. the storage area should be in:orporaled part of the building.
•01.'1).'k
Youngstedt Service/Rocky Rococo 4 November 23, 1984
Landscaping - Youngstedt Service Center
The landscape plan submitted teflects a similar t
y
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.
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p
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i
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the Rocky Rococo plan. The use of pagoda (iolpoo
d
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spacing will not provide for effective screenin
g
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p
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.
S
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recomTend that coniferous trees be substituted
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and planted twelve feet on center. Perming, which
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areas along the Highway P169, supplemented with pa
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an alternative to the coniferous plantings. With
a
3
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k
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g
,
a
berm of at least five feet in height can be const
r
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d
.
Lighting and Signage - Youngstedt Service Center
The proponent has not supplied an overall lightin
g
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p
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f
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.
The site plan does indicate the location for t
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floodlights will be utilized; however, specific de
t
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,
square footage, and type of lettering, have not
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.
S
i
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part of a planned area, it is important that'cont
i
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features as signage and lighting. Youngstedt Serv
i
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a
n
d
R
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R
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work in a collaborative effort to create such cont
i
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y
.
Pedestrian Circulation-Rocky Rococo and Youngstcdt
S
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A five-foot wide concrete sidewalk is proposed a
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o
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p
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private drive.
Conclusions - Rocky Rococo
The site plan for the Rocky Rococo Restaurant m
e
e
t
s
t
h
e
m
i
n
i
m
u
m
r
e
q
u
i
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e
m
e
n
t
s
f
o
r
Commercial Regional Services zoning. However,
t
h
e
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e
p
l
a
n
w
o
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b
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e
f
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revisions which would improve the relationship be
t
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p
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g
a
r
e
a
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,
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a
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movement, and the drive-through area. Staff su
g
g
e
s
t
s
o
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e
p
o
s
s
i
b
l
e
a
l
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o
f
relocating the building and a redesign of the par
k
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conflicts identified in the Staff Report. Appro
p
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the parking areas is also needed. A coordinated
s
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p
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be developed with Youngstedt Service Center.
Conclusions - Youngstedt Service Center
The site plan for the Youngstedt Service Center
m
e
e
t
s
t
h
e
m
i
n
i
m
u
m
r
e
q
u
i
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m
e
n
t
s
o
f
Commrcial Regional Service zoning. lhe site appe
a
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s
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e
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o
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i
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a
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wilY. With appropriate revistons to the landscape
p
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,
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r
O
M
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signage and lightiog program with Rocky Rococo sh
o
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a
n
a
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c
e
p
t
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b
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h
i
s
property.
Tie Planning Comlission may choose to rocv!...iond o
n
o
o
f
t
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e
f
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l
l
o
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:
1. 1b;' PlInn n..) C; ni ion conld 0 r 0::. n +011d ,Ippr0V:11 or the
1w01 iiI;e' 1)1.,1 re7omin,1 from rordl rs(,!ional Corvi:0
b:p,eci on platy. coHlo r :'o, to 1.110 St off 1:e..prwl
November ?A, and std.i,..'t to tho lolloinq conJit
9:6)
Youngstedt Service/Rocky Rococo 5 November 23, 1984
A. Prior to Council review, proponent shall:
1. Modify the Rocky Rococo site plan to improve auto and
pedestrian movement in a manner similar to Attachment A of
the Staff Report.
2. Modify the Rocky Rococo and Youngstedt Service Center
landscape plans to effectively screen parking areas.
3. Provide a coordinated lighting and signage program with
details for review.
B. Prior to Final Plat, the proponent shall:
1. Provide detailed storm water run-off and erosion control
plans for review by the City Engineer.
2. Provide detailed storm water run-off and erosion control
plans for review by the Watershed District.
C. Prior to Building permit issuance, proponent shall:
1. Notify the City and Watershed District at least 48 hours in
advance of grading.
D. Prior to any future development on site, submit a design framework
manual for review.
2. The Planning Commission may choose to recommend that the development plans
be returned to the proponent for revisions based upon the Staff Report and
Commission recommendations.
3. The Planning Commission could recommend approval of a request as submitted.
4. The Planning Commission could recommend denial.
)737
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Planning Commission Minutes 8 November 26, 1984
E. YOUNGSTEDT SERVICE CENTER/ROCKY ROCOCO PIZZA, by the Preserve.
' Request for Zoning District Change from Rural to Commercial Regional
Service for 0.89 acres for an auto service center and from Rural to
Commercial Regional Service for 1.53 acres for a restaurant; and
Preliminary Plat of 3.25 acres into two lots and two outlots.
location; Southeast quadrant of Highway #169 and Prairie Center
Drive. A public hearing.
Mr. Don Hustad, architect for the Rocky Rococo, reviewed the site plan with
the Commission. Planner Enger reviewed the findings of the Staff Report of
November 23, 1934, explaining the suggested reorientation of the structure
and drive lane through the site'.
Mr. Youngstedt reviewed the site plan for the service center, explaining the
use of the space on the interior of the structure, and stating that the lot
to the south would be set aside for future use.
Planner Enger reviewed the Staff Report of November 23, 1934, regarding the
project.
Chairman P,mrman a0;Ai for mmonts and questions from members of the
audience reprding both developonts. 1here were none.
. Planning Commission Minutes 9 November 26, 1984
!tacky Rococo
MOTION 1:
Motion Was made by Gartner, seconded Johannes, to close the public hearing.
Motion carried--7-0-0
MOTION 2:
Motion was made by Gartner, seconded by Schuck, to recommend to the City
Council approval of the request of Rocky Rococo for Zoning District Change
from Rural to Commercial Regional Service for 1.53 acres for a restaurant
use, based on plans dated October 19, 1934, subject to the recommendations
of the Staff Report dated November 23, 1934.
Motion carried--7-0-0
MOTION 3:
Motion was made by Gartner, seconded by Schuck, to recommend to the City
Council approval of the request of Rocky Rococo for Preliminary Plat of 1.53
acres into one lot for a restaurant use, based on plans dated October 19,
1934, subject to the recommendations of the Staff Report dated November 23,
1934.
214
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #84-320
RESOLUTION APPROVING THE PRELIMINARY PLAT OF YOUNGSTEDT SERVICE CENTER
FOR THE PRESERVE
BE IT RESOLVED, by the Eden Prairie City Council as follows:
•
That the preliminary plat of Youngstedt Service Center, for the Preserve, dated
October 22, 1984, consisting of 2.36 acres into one lot and two outlots for an auto
service center, a copy of which is on file at the City Hall, is found to be in
conformance with the provisions of the Eden Prairie Zoning and Platting ordinances,
and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the day of
, 1984.
Wolfgang H; Penzel, Mayor
ATTEST:
John D. Frane, City CTER
K,oTs. PLFASE. SEE 134(, 55 Z-73 4 -21 4 I ToP. STAFF NKr.
41, P FLA PQII041 COW-Sala) kilf-MTES (SAI4S- AS
or V.6cy Pc(0(0
21 14 2 2 1 So
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #84-321
RESOLUTION APPROVING THE PRELIMINARY PLAT OF REYNOLDS PRINT
I
N
G
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Reynolds Printing dated Novembe
r
9
,
1
9
8
4
,
c
o
n
s
i
s
t
i
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f
13.6 acres into one lot and two outlots for an office/
m
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/
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facility, a copy of which is on file at the City Hall, is fo
u
n
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t
o
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i
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f
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a
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c
e
with the provisions of the Eden Prairie Zoning and Pl
a
t
t
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i
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,
a
n
d
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
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, Senior Planner
1TOUGH. Chris Enger, Director of Planning
DATE: November 23, 1984
PROJECT: Reynolds Printing/Edenvale Executive Center, Phase I
LOCATION: Southeast quadrant of Valley View Road and Mitchell Road
APPLICANTS: Reynolds Printing - Anthony Feffer
Edenvale Executive Park - Welsh Construction
FEE OWNER: Equitable Life Insurance Company
REQUEST: 1. Planned Unit Development District Review for Edenvale 9th
Industrial Park on 22.6 acres, with variances, to allow more
than 50 per cent Office use in the 1-2 District.
2. A Zoning District Change on twelve acres from Rural to 1-2
Park.
of 22.6 acres into two lots and two
25 -:j;--I 1 I I I I\ 8"6 '"1rEV54'-
Background
3. A Preliminary Plat
outlots. 1-2.5
2 \
This Staff Report contains a review /1-2.5
and analysis of two different
building proposals. The analysis is
combined into one report because of
the common elements of the Pre-
liminary Plat and Planned Unit
Development District Review.
lhis 22.6-acre site is part of the
Edenvale 9th Addition, 100-acre
Planned Unit Development, previously
reviewed by the Planning Comnission
in 1982. At that time, the
Compission reviewed and approved a
repoest for Comprehensive Guide Plan
Change from Residential and Corn-
Llt.R.r•
A ./\ eN rttl
RM-2 5
28
C CCV%,
(1 ,15
• flys ...?
o -
mercial to Office and Industrial. A
Planned Unit Development Concept was
approved and a preliminary plat,
subdividing the property into large
fl
PROPOSEM SITES
1
2
, .......... .
-,v'S N .4
2 94 :
-GitgeW' C
y
\k. J
:oomolds Printing/Edenvale I 2 November 23, 1984
outlots and road right-of-way. The Concept Plan envisioned office uses around the
perimeter of the site facing Purgatory Creek and the interior of the site set aside
for light industrial uses. As conditions of approval of the Planned Unit
Development Concept, the developer's agreement contains provisions for a design
framework manual, detailed landscape plan, detailed grading plan, sidewalks,
conservation or preservation easements along Purgatory Creek, and a tree replacement
of over 500 caliper inches of oak trees.
The Comprehensive Guide Plan currently designates this specific site as an Office
and Industrial land use. The site is in the center of the Edenvale 9th Addition,
and surrounding future land uses are also guided for Office and Industrial use to
the south of Valley View Road and Medium Density Residental land uses to the nort
h
across Valley View Road.
This 22.6-acre site slopes in a north to south direction. A grading plan has been
approved and grading is under way. With the extent of grading work involved, this
site is very visible from Highway #5. The berming work, which is near completion
along Valley View Road, should provide an appropriate visual transition to the
Medium Density Residential land uses to the north.
Site Plan Review - Edenvale Executive Park, Phase I
The site plan involves the construction of 106,960 square feet of Office/Showroom
uses in two buildings. The site is being developed at a Floor Area Ratio of 0.26.
Building and parking areas meet minimum setback requirements for 1-2 Park zoning.
Parking for a building of this size, at 65 per cent office, 17.5 per cent assembly,
and 12.5 per cent warehouse, would require the provision of 412 spaces. In
other words, there will only be enough parking for 65 per cent office if the balance
of the building is all warehouse with no assembly. A total of 370 spaces is
proposed. This is a ratio of 3.5 parking spaces per 1,000 square feet of Gross
Floor Area.
This compares with a typical spec office warehouse building of this size providing
303 parking spaces or 2.83 parking spaces per 1,000 square feet of Gross Floor Area.
The site plan is being developed with orientation of office uses towards the
perimeter of the building, with loading bays proposed in between the two buildings.
ilcause of the placement of the building and location of access drives, the loading
areas will not be visible from Executive Drive. The loading areas will be visible
from Equitable Drive. One alternative, which would provide for effective screening
of the loading facilities, would he to offset the driveway entrance in a manner
similar to what is represented on Attachment A.
Grading - Edenvale Executive Park, Phase I
The site is relatively level and a minimal amount of grading work is proposed
.
Forming is proposed along all roadways to screen parking and loading areas fro
m
public view. Berming appears to be adequate along Valley View Road, but should be
increased in height along Equitable Drive and Executive Drive. The berming should
be heavily landscaped. Storm water run-off will sheet drain across the parkin
g
areas into catch hal;ins which will connect to storm sewer lines in Equitable Driv
e
and Executive Drive.
Reynolds Printing/Edenvale I 3 November 23, 1984
Architecture - Edenvale Executive Park, Phase I
The proponent has. submitted a partial elevation of the proposed building but has
indicated to Staff that this mould be indicative of the perimeter of the building.
The primary building materials are proposed to be facebrick and glass. Rooftop
mechanical units are proposed to be screened with a material painted to match the
color of the window mullions. Since portions of the interior walls will be visible,
Staff would recommend that the brick material be continued around and into the first
loading area. This will help maintain an office appearance around the building
perimeter.
Landscaping - Edenvale Executive Park, Phase I
Berming is proposed along all roadways to screen parking and loading areas.
Berming is adequate along Valley View Road, but is not of sufficient height along
other roadways to provide for effective screening. Berm heights will have to be
raised and supplemented with additional plantings.
The size of the plant materials proposed is - small. The majority of plant materials
are small trees of 1-1/2-inch caliper, which include crab, olive, and maple. Staff
would recommend that these plant material sizes be increased to a 2-1/2-inch caliper
minimum and additional shade trees of three to four-inch caliper in size be
introduced along the perimeter of the site.
Site Plan Review - Reynolds Printing
The site plan involves the construction of a 30,000 square foot building at an
overall Floor Area Ratio of 0.27. Building and parking areas are located on-site,
meeting minimum setback requirements for 1-2 Park zoning. For a building of this
size, based on one-third office, one-third warehouse, and one-third manufacturing,
would require the provision of 88 parking stalls. If figured at 50 per cent office
and 50 per cent warehouse, the Code would require the provision of 82 spaces. 107
parking spaces are provided on-site.-
Grading - Reynolds Printing
This site is level and a minimal amount of grading work is proposed. A six-foot
high berm is proposed in front of the building to screen the parking areas. The
majority of the parking is contained in the rear of the building, adjacent to the
loading facilities. Storm water run-off will sheet drain across the parking area
into catch basins which will connect to future storm sewer pipes in Executive Drive.
Architecture - Reynolds Printing.
The primary building material types vary considerably from glass, and tile on the
front face of the building, and brick and painted block on other elevations. West-
facing offices on Building B of the Edenvale Executive Park will be viewing
primarily a blank wall, (south elevation), which contains painted concrete block and
tile. Since this site is part of an office-industrial Planned Unit Development,
buildings should be constructed of similar materials to achieve continuity. In
addition, since the site will likely develop as a high-tech area, painted concrete
block and tile may not he appropriate. Other "high-tech" developments, such as
Primetech, Ryan Ill and IV, and Vantage, are primarily facehrick and glass.
ZY)LI
ieynolds Printing/Edenvale 1 4 November 23, 1984
Protective covenants, submitted by the proponent, indicate that
s
t
r
e
e
t
f
a
c
i
n
g
elevations would be brick, stone, or precast concrete with a decorative surface.
Other building elevations would be precast concrete, tilt up concre
t
e
p
a
n
e
l
o
r
w
o
o
d
partitions.
City Code currently does not permit concrete block as an accep
t
a
b
l
e
b
u
i
l
d
i
n
g
material.
Building elevations should be revised to utilize brick and glas
s
a
s
t
h
e
p
r
i
m
a
r
y
exterior materials.
Landscaping - Reynolds Printing
Parking areas should not be visible from public roads because
o
f
t
h
e
e
x
t
e
n
t
o
f
berming and plantings in front of the building. In addition,
t
h
e
m
a
j
o
r
i
t
y
o
f
parking and loading facilities are in the rear of the building. S
i
n
c
e
t
h
e
l
o
a
d
i
n
g
facilities will be visible from the western-facing offices
i
n
t
h
e
E
q
u
i
t
a
b
l
e
Executive Park, Phase I, Staff would recommend that additio
n
a
l
b
e
r
m
i
n
g
a
n
d
coniferous plantings be provided along the eastern and southern p
r
o
p
e
r
t
y
l
i
n
e
s
o
f
the Reynolds Printing site. Plant material sizes for the understo
r
y
t
r
e
e
s
s
h
o
u
l
d
b
e
increased to a 2-1/2-inch caliper minimum. In addition, large shade trees of three
to four-inch caliper should he introduced within the front yard a
n
d
b
e
o
f
a
s
i
m
i
l
a
r
plant . material to the Edenvale Executive Park to provide for continuit
y
a
l
o
n
g
t
h
e
streetscape. Planting of shade trees in the front yard, adjacent
t
o
s
t
r
e
e
t
r
i
g
h
t
-
of-way, was a condition of approval as part of the overall Planned
U
n
i
t
D
e
v
e
l
o
p
m
e
n
t
for the Edenvale Executive Park.
Lighting
No lighting details or en overall lighting plan has been submit
t
e
d
f
o
r
e
i
t
h
e
r
project. Because of the size of the Edenvale Executive Park, it be
c
o
m
e
s
i
m
p
o
r
t
a
n
t
that there be common elements. The proponent should submit an overal
l
l
i
g
h
t
i
n
g
p
l
a
n
for review with lighting details.
Sions2
No signage details or an overall signage program has been submit
t
e
d
f
o
r
r
e
v
i
e
w
.
Because of the Size of the park, common elements become increasingly important.
Proponents should submit an overall signage program with details fo
r
r
e
v
i
e
w
.
S
i
g
n
s
should be of a comparable size, style, color, and lettering size.
Pedestrian Systems
As a condition of approval of the developer's agreement for the Ed
e
n
v
a
l
e
E
x
e
c
u
t
i
v
e
Park 9th Addition, sidewalks are to be constructed along Equit
a
b
l
e
D
r
i
v
e
a
n
d
Executive Drive. There should be sidewalk connections between each
o
f
t
h
e
p
r
o
p
o
s
e
d
buildings and this sidewalk system.
Tree Rnplacement
The developer's agreement indicates that a total of 504 caliper inc
h
e
s
o
f
t
r
e
e
s
m
u
s
t
be replaced on -site. These tree ,: were to he no loss than ?-1n -inch caliper in size
and located on private property along public street boulevards within the project.
Reynolds Printing/Edenvale I 5 November 23, 1984
Preliminary Plat
The Preliminary Plat request involves a subdivision of 22.6 acres into two lots
a
n
d
two outlots. Two lots, Reynolds Printing (3 acres), and Edenvale Executive Par
k
(
9
acres), are proposed for rezoning to 1-2 Park.
Conclusions
Buildings should be constructed of similar materials in order to provide continui
t
y
.
The primary building materials for Reynolds Printing should be facebrick and gla
s
s
.
Landscape plans for both projects will have to modified to include additional
p
l
a
n
t
materials and increase berm height.
An overall signage plan and lighting program will be necessary for Staff revi
e
w
i
n
order to assure continuity throughout the office and industrial park.
A specific design framework manual has not been provided by the proponent, how
e
v
e
r
,
the attached protected covenants should accomplish the same objectives.
SUMMARY
The Planning Commission may wish to choose one of the following alternatives:
1. The Planning Commission may wish to approve the request for Planned Unit
Development District Review, with variances, a Preliminary Plat of 22.6
acres into two lots and two outlots, and a Zoning District Change on twelve
acres, from Rural to 1-2 Park, subject to the Staff Report, based on plans
dated November 6, 1984, and October 22, 1984, and subject to the following
conditions.
A. Prior to Council review, proponent shall:
.1. Modify the building elevations for the Reynolds Printing
building to indicate primary building materials as facebrick
and glass.
2. Modify the landscape plan for the Edenvale Executive Park
and Reynolds Printing to increase berming and plantings
along roadways to screen loading and parking areas.
3. Modify the site plan for the Edenvale Executive Park
relocating the driveway onto Equitable Drive in a manner as
shown on AttachMent A.
4. Modify the site plan for both projects to indicate a five-
foot wide concrete sidewalk along all roadways.
5. Modify the landscape plan to include additional and larger
shade trees as boulevard plantings.
B. Prior to Final Plat, proponent shall:
1. Submit detailed erosion control and storm water run-off
plans for review by the City Engineer.
).156
Reynolds Printing/Edenvale I 6 November 23, 1984
2. Submit detailed storm water run-off and erosion control
plans for review by the Watershed District.
C. Prior to Building permit issuance, proponent shall:
1. Notify the City and Watershed District 48 hours in advance
of grading.
2. Construction of five-foot wide concrete sidewalks prior to
or concurrent with building construction.
3. Submit an overall lighting plan with details for review.
4. Submit an overall signage plan with details for review.
2. The Commission may choose to return the development plans to the proponent
for revisions based upon the Staff Report.
3. The Commission could choose to recommend the approval of the plans as
submitted.
4. The Commission could recomnend denial of both projects.
,151
"A"
Tif -FONE STOR
OFFICE/
__SHO_WROOM
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OFFICE/
SHOWRO_OM
13LDG
( HEIGHT : 18'-3
( HEIGHT : 1
LED
H.C. ,
19'; 25' (18'.
-TY PIC A L F:Cf11:1
PARKING ---
BITUMINOUS DRIVES
AND PARKING TYPIct,
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II
Equitable Dr
:T5AC1(
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Planning Comnission Minutes 7 November 26, 1984
D. REYNOLDS PRINTING. Request for Planned Unit Development District
Review and Zoning District Change from Rural to 1-2 for three acres
and Preliminary Plat of approximately 13.6 acres into one lot and
two outlots for an office/manufacturing/warehouse facility.
Location: Southeast quadrant of Valley View Road and Mitchell Road.
A public hearing.
Mr. Tony Feffer, Investment Services Group, representing proponent, reviewed
the proposed use of the site. Mr. Darrell Anderson, architect for
proponent, reviewed the site characteristics and development plan with the
Commission.
Planner Franzen reviewed the findings of the Staff Report of November 23,
1984, regarding the project. He stated that Staff would like to review the
effectiveness of the screening proposed with the landscape plan as it was
not clear in some instances whether screening was sufficient.
Planner Enger discussed the exterior materials of the structure with the
Commission. He stated that Staff was concerned with the use of concrete
block for the structure.
Hallett stated that he felt the structure should meet City Code requirements
in terms of exterior materials used. He stated that the pictures passed out
by Mr. Feffer showed only one view of the docking area. Hallett commented
that, based on other situations like this in the City, he felt it would
behoove the City to make certain that the screening as proposed was adequate
for the site.
Torjesen asked if intensified landscaping in certain portions of the site
would aid in screening of the loading dock area. Staff responded that it
would be a possible alternative.
Chairman Bearman asked about overall signage, lighting, entrance monuments,
etc. for the development. Mr. K. E. Schumacher, representing Equitable Life
Assurance, owners of the property, stated that there was an overall plan for
the Edenvale 9th Addition Industrial Park for signage and lighting. As to
entrance monuments, Mr. Schumacher stated that the property owners were
awaiting a decision as to whether there would be two accesses, instead of
one, allowed to Valley View Road from the property. He stated that,
depending upon that decision, one or two entrance monuments of timber log
construction, similar to that located at the intersection of Highway #5 and
Mitchell Road for the overall Edenvale Planned Unit Beveloment, would be
located on the property.
Torjesen asked what the opinion of the owners of the property was regarding
screening of the loading area. Mr. Schumacher stated that they were
concerned from the point of view of impact upon future neighbors to the
site.
Chairman Bearman stated that he felt the matter of screening could be left
to Staff and the proponent to work out, with direction to Staff to make
certain that the loading dock area would he adequately screened. Other.
Comnissioners concurred.
Planning Commission Minutes 8 November 26, 1984
MOTION 1:
Motion was made by Gartner, seconded by Schuck, to close the public hearing.
Motion carried--7-0-0
MOTION 2:
Motion was made by Gartner, seconded by Schuck, to recommend to the City
Council approval of the request of Reynolds Printing for Planned Unit
Development District Review and Zoning District Change from Rural to 1-2 for
approximately three acres, based on plans dated October 22, 1984, subject to
the findings of the Staff Report of November 23, 1984, with an amendment to
include pedestrian walkways along only one side of the streets within the
development per the overall Edenvale 9th Addition Industrial Park approved
plan.
Motion carried--6-0-1 (Marhula abstained)
MOTION 3:
Motion was made Gartner, seconded by ITorjesen, to recommend to the City
Council approval of the request of Reynolds Printing for Preliminary Plat of
13.6 acres into one lot and two outlets, based on plans dated October 22,
1984, subject to the findings of the Staff Report of November 23, 1984, with
an amendment to include pedestrian walkways along only one side of the
streets within the development per the overall Edenvale 9th Addition
Industrial Park approved plan.
Motion carried--6-0-1 (Marhula abstained)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #84-322
•
RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE EXECUTIVE PARK FOR
WELSH CONSTRUCTION
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Edenvale Executive Park, dated October
2
6
,
1
9
8
4
,
consisting of approximately 9.0 acres for office/warehouse facility, a co
p
y
o
f
w
h
i
c
h
is on file at the City Hall, is found to be in conformance with the provisi
o
n
s
o
f
the Eden Prairie Zoning and Platting ordinances, and amendments there
t
o
,
a
n
d
i
s
herein approved.
ADOPTED by the Eden Prairie City Council on the
, 1984.
day of
Wolfgang H. Penzel, Mayor
ATTEST:
:John D. Frane, City Clerk
AFT REPORT
430.14
• • 1 . 11 -2
N
Il Et, /I TN, In
?;
ZatItS .
Tpt Planning Comnission
ITOM: Michael D. frinzen, Senior Planner
'11",'ANGH. Chris Enger, Director of. Planning .___. .
DATE: November 23, 1984
PRNECT. Reynolds Printing/Edenvale Executive Center, Phase I
.
LOCATION: Southeast quadrant of Valley View Road and Mitchell Road
APPLICANTS: Reynolds Printing - Anthony Feffer
Edenvale Executive Park - Welsh Construction
FEE OWNER: Equitable Life Insurance Company
REQUEST: 1. Planned Unit Development District Review for Edenvale 9th
Industrial Park on 22.6 acres, with variances, to allow more
than 50 per cent Office use in the 1-2 District. . .
2..
A Zoning District Change on iwelve acres from Rural to 1-2
Park.
3. A Preliminary Plat of 22.6 acres into two lots and two
outlots.
0ackuround
This Staff Report contains a review
aid analysis of two different
hn:lding proposals. The analysis is El0-2
cc:t)ined into one report because of
tL comnon elements . of the
nd
Pre-
liminary Plat a Planned Unit \ il-2 PJ<1,42
Ilvolopment District Review.
;
This 22.6-acre site is part of the
Henvale 91h Addition, 100-acre
Planed Unit Development, previously P•1 --"1:110POS:I.D SITE , 3,/ Y..
reviewed by the Planning Cmdiission
in 1902. At that tin e , the
Com:lission reviewed and approved a
rewest for Conwelic.nsive Guide Plan
Mwpc from Residential and Com-
wrcial to Office end Industrial. A
Planned Unit Develovent Concept was
wproved and a preliminary plat,
subhviding the property into largn
r
/2._L \-----1 1-2 /
"
11_7 7S-i3
1-5 tit. 11..7
1-5 PRK '1 1.1
12-2
I 1..2 1.n K T',0 •1" 11,6
-1 1-AR
• !..1
aeynolds PrintingiEdenvale I 2 November 23, 1984.
outlets and road right-of-way. The Concept Plan envisioned office uses around the
perimeter of the site facing Purgatory Creek and the interior of the site set aside
for light industrial uses. As conditions of approval of the Planned Unit
Development Concept, the developer's agreement contains provisions for a design
frauro-lork manual, detailed landscape plan, detailed grading plan, sidewalks,
conservation or preservation easements along Purgatory Creek, and a tree replacement
of over 500 caliper inches of oak trees.
The Comprehensive Guide Plan currently designates this specific s 'i 'te —a -s 'an Office
and Industrial land use. The site is in the center of the Edenvale 9th Addition,
and surrounding future land uses are also guided for Office and Industrial use to
the south of Valley View Road and Medium Density Residental land uses to the north
across Valley View Road.
This 22.6-acre site slopes in a north to south direction. A grading plan has been
approved and grading is under way. With the extent of grading work involved, this
site is very visible from Highway 1/5. The berming work, which is near completion
along Valley View Road, should provide an appropriate visual transition to the
Medium Density Residential land uses to the north.
Site Plan Review - Edenvale Executive Park, Phase I
The site plan involves the construction of 105,960 'square feet of Office/Showroom
uses in two buildings. The site is being developed at a Floor Area Ratio of 0.26.
Building and parking areas meet minimum setback requirements for 1-2 Park zoning.
Parking for a building of this size, at 65 per cent office, 17.5 per cent assembly,
and 12.5 per cent warehouse, would require the provision of 412 spaces. In
other words, there will only be enough parking for 65 per cent office if the balance
of the building is all warehouse with no assembly. A total of 370 spaces is
proposed. This is a ratio of 3.5 parking spaces per 1,000 square feet of Gross
Floor Area.
This compares with a typical spec office warehouse building of this size providing
303 parking spaces or 2.83 parking spaces per 1,000 square feet of Gross Floor Area.
lhe site plan is being developed with on of office uses towards the
perimeter of the building, with loading bays proposed in between the two buildings.
Because of the placement of the building and location' of access drives, the loading
areas iti 11 not be visible from Executive Drive. The loading areas will he visible
from Equitable Drive. One alternative, which would provide for effective screening
of the loading facilities, would be to relocate the driveway entrance in a manner
similer to what is represented on Attachment A.
Site Plan Reviftv - Reynolds Printiog
•
The site plan involves the construction of a 30,000 square foot building at an
overall Floor Area Ratio of 0.27. Building and parking areas are located on-site,
meeting minimum setback requirements for 1-? Park zonino. For a building of this
size, based on one-third efface, one-third warehouse, and one-third manufacturing,
would require the provision of OS parking stalls. If figured at 50 per cent office
aed 'A per cent warehouse, the Code would require the provision of 82 spaces. 107
partino spaces are provided oo-site.
Reynolds Printing/Edenvale I 3 November 23, 1984
Grading - Edenvale Executive Park, Phase I
The site is relatively level and a minimal amount of grading work is proposed
.
Berming is proposed along all roadways to screen .parking and loading areas fr
o
m
public view. Berming appears to be adequate along Valley View Road, but should he
increased in height along Equitable Drive and Executive Drive. The berming should
he heavily landscaped. Storm water run-off will sheet drain across the parking
areas into catch basins which will connect to storm sewer lines in Equitable Drive
and Executive Drive.
Grading - Reynolds Printing,
This site is level and a minimal amount of grading work is proposed. A six-foot
high berm is proposed in front of the building to screen the parking areas. The
majority of the parking is contained in the rear of the building, adjacent to the
loading facilities. Storm water run-off will sheet drain across the parking area
into catch basins which will connect to future storm sewer pipes in Executive Drive.
Architecture - Edenvale Executive Park, Phase I
The proponent has submitted a partial elevation of the proposed building but has
indicated to Staff that this would be indicative of the perimeter of the building.
The primary building materials are proposed to be facebrick and glass. Rooftop
mechanical units are proposed to be screened with a material painted to match the
color of the window mullions. Since portions of the interior walls will be visible,
Staff would recommend that the brick material be continued around and into the first
loading area. This will help maintain an office appearance around the buildin
g
Perimeter.
Architecture - Rfynolds Printing
The primary building material types vary considerably from glass, and tile on th
e
front face of the building, and brick and painted block on other elevations. West
-
facing offices on Building B of the Edenvale Executive Park will be viewin
g
primarily a blank wall, (south elevation), which contains painted concrete block an
d
tile. Since this site is part of an office-industrial Planned Unit Development
,
buildings should be constructed of similar materials to achieve continuity. I
n
addition, since the site will likely develop as a high-tech area, painted concrete
block and tile may not be appropriate. Other "high-tech" developments, such as
Primetech, Ryan III and IV, and Vantage, are primarily facebrick and glass.
Protective covenants, submitted by the proponent, indicate that street facing
elevations would be brick, stone, or precast concrete with a decorative surface.
Other building elevations would be precast concrete, tilt up concrete panel or wood
partitions.
City Code currently does not permit concrete block as an acceptable building
material.
Building elevations should be revised to utilize brick and glass as the primary
exterior materials.
Reynolds Printing/Edenvale I 4 November 23, 1984
Landscaping - Edenvale Executive Park, Phase I
Naming is proposed along all roadways to screen parking and loading areas.
Berming is adequate along Valley View Road, but is not of sufficient height along
other roadways to provide for effective screening. .Berm heights will have to be
raised and supplemented with additional plantings.
The size of the plant materials proposed is small. The majority of plant materials
are small trees of 1-1/2-inch caliper, which include crab, olive, and maple. Staff
would recommend that these plant material sizes be increased to a 2-1/2-inch caliper
minimum and additional shade trees of three to four-inch caliper in size be
introduced along the perimeter of the site.
Landscaping - Reynolds Printing
Parking areas should not be visible from public roads because of the extent of
berming and plantings in front of the building. In addition, the majority of
parking and loading facilities are in the rear of the building. Since the loading
facilities will be visible from the western-facing offices in the Equitable
Executive Park, Phase I, Staff would recommend that additional berming and
coniferous plantings be provided along the eastern and southern property lines of
the Reynolds Printing site. Plant material sizes for the understory trees should be
increased to a 2-1/2-inch caliper minimum. In addition, large shade trees of three
to four-inch caliper should he introduced within the front yard and be of a similar
plant material to the Edenvale Executive Park to provide for continuity along the
streetscape. Planting of shade trees in the front yard, adjacent to street right-
of-way, was a condition of approval as part of the overall Planned Unit Development
for the Edenvale Executive Park.
Lighting
No lighting details or an overall lighting plan has been submitted for either
project. Because of the size of the Edenyale Executive Park, it becomes important
that there be common elements. The proponent should submit an overall lighting plan
for review with lighting details.
Sit-Inane
No signage details or an overall signage program has been submitted for review.
Because of the size of the park, cowon elements become increasingly important.
Proponents should submit an overall signage program with details for review. Signs
should he of a comparable si cc, style, color, and lettering size.
Pedestrian Systems
As a condition of approval of the developer's agreement for the Fdenvale Executive
Bork 9th Addition, sidewalks are to be constructed along Equitable Drive and
Executive Drive. There should be sidewalk connections between each of the proposed
buildings and this sidewalk system.
Thee tle.pl -icealent
The developer's agreem-ot indicates that a total of 501 caliper inches of trees must
he ropla: el on-site. ltro..;o trees were to bo no )1 ,6 than ?-)/- inch caliper in sin
and located on private property along public street boulevards within the project.
•'eynolds Printing/Edenvale I 5 November 23, 1984 :
reliminary Plat'
The Preliminary Plat request involves a subdivision of 22.6 acres into two lots and
two outlots. Two lots, Reynolds Printing (3 acres), and Edenvale Executive Park (9
acres), are proposed for renning to 1-2 Park.
Conclusions
Buildings should be constructed of similar materials in order to provide continuity.
The primary building materials for Reynolds Printing should be facebrick and glass.
Landscape plans for both projects will have to modified to include additional plant
materials and increase berm height.
An overall signage plan and lighting program will be necessary for Staff review in
order to assure continuity throughout the office and industrial park.
A specific design framework manual has not been provided by the proponent, however,
the attached protected covenants should accomplish the sane objectives.
CUMMARY
The Planning Commission may wish to choose one of the'following alternatives:
1. The Planning Commission may wish to approve the request for Planned Unit
Development District Review, with variances, a Preliminary Plat of 22.6
acres into two lots and two outlets, and a 7oning District Change on twelve
acres, from Rural to 1-2 Park, subject to the Staff Report, based on plans
dated November 6, 1984, and October 22, 1984, and subject to the following
conditions.
A. Prior to Council review, proponent shall:
1. Modify the building elevations for the Reynolds Printing
building to indicate primary building materials as facebrick
and glass.
2. Modify the landscape plan for the Edenvale Executive Park
and Reynolds Printing to increase hemming and plantings
along roadways to screen loading and parking areas.
3. Modify the site .plan for the Edenvale Executive Park
relocatino the driveway onto Equitable Drive in a manner as
shown on Attachment A.
4. Modify the site plan for both projects to indicate a five-
font wide concrete sidewalk along all roadways.
Modify the landscape plan to include additional and larger
shade trees As boulevard plantings.
B. Prior to final Plat, proponent shall:
1. Snlimit detailed erosion control and storm water run-off
plans for review by the City 1-noineer.
cynolds Printing/Edenvale I 6 November 23, 1984
2. Submit detailed storm water run-off and erosion control
. plans for review by the Watershed District.
C. Prior to Building permit issuance, proponent shall:
1. Notify the City and Watershed District 48 hours in advance
of grading.
2. Construction of five-foot wide concrete sidewalks prior to
or concurrent with building construction.
3. Submit an overall lighting plan with details for review.
4. Submit an overall signage plan with details for review.
2. The Commission may choose to return the development plans to the proponent
for revisions based upon the Staff Report.
3. The Comnission could choose to recommend the approval of the plans as
submitted.
4. The Commission could recommend denial of both projects.
"A"
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'
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urn
Planning Commission Minutes
5 November 26, 1984
C. EDENVAtE EXECUTIVE PARK, by Welsh Construction. Request for Planned
Unit Development District Review (with variance to allow for up to
60% office use) and Zoning District Change from Rural to 1-2 for
approximately 9.0 acres and Prelimiriary Plat of approximately 9.0
acres for office/warehouse facility. Location: Southeast quadrant
of Valley View Road and Mitchell Road. A public hearing.
Mr. Sandy Ritter, RSP Architects, representing proponent, reviewed the
s
i
t
e
plan and property characteristics of the project with the Commiss
i
o
n
.
Planner Eager stated that the plans were in conformance with the previo
u
s
l
y
approved Edenvale 9th Addition Industrial Park development proposal,
including requirements for meeting criteria established by a design
framework manual and replacement of trees on-site.
Planner Franzen reviewed the findings of the November 23, 1984, Staff R
e
p
o
r
t
regarding the proposal.
Mr. Ritter stated that proponents were in general agreement with the ch
a
n
g
e
s
suggested by the Staff Report, but that they would like to meet with
S
t
a
f
f
regardiog amendment of the plans per Attachment A of the Staff Report.
216')
Planning Commission Minutes 6 November 26, 1984
Mr. Ritter stated that the one matter of concern was that trails not be
requtred on both sides of the streets within the proposal. He stated that
proponents would be willing to construct pedestrian walkways along one side
of each street, per the overall development plan approved previously under
the Planned Unit Development Concept for Edenvale 9th Addition Industrial
Park. The Commission discussed this in greater detail with the Commission.
Hallett asked if the walkway system was in place to the south within the
restaurant area. Staff responded that it was. Chairman Bearman stated that
he would prefer only one walkway on one side of the street, providing for
more green area. Hallett, Schuck, and Gartner agreed.
Mr. K. E. Schumacher, representing Equitable Life Assurance, owners of the
property, stated that approximately 30 acres of the overall 100-acre
development were in a conservancy area. He stated that it was the intention
of the land owners to provide additional amenities for this area, including
picnic table, etc., for the use of employees of this industrial park. Also,
more extensive landscaping would be located within this conservancy area in
the future.
Chairman Bearman asked for comments and questions from members of the
audience. There were none.
MOTION 1:
Motion was made by Gartner, seconded by Schuck, to close the public hearing.
Motion carried--7-0-0
MOTION 2:
Motion was made by Gartner, seconded by Torjesen, to recommend to the City
Council approval of the request of Welsh Construction for Planned Unit
Development District Review (with variance to allow for up to 60% office
use) and Zoning District Change from Rural to 1-2 for approximately 9.0
acres to be known as Edenvale Executive Park, based on plans dated November
6, 1984, subject to the findings of the Staff Report dated November 23,
1984, with an amendment to include pedestrian walkways along only one side
of the streets within the development per the overall Edenvale 9th Addition
Industrial Park approved plan.
Motion carried--6-0-1 (Marhula abstained)
MOTION 3:
Motion was made by Gartner, seconded by Schuck, to recommend to the City
Council aprpoval of the request of Welsh Construction for Preliminary Plat
of approximately 9.0 acres into one lot to be known as Edenvale Executive
Park, based on plans dated November 6, 1984, subject to the findings of the
Staff Report dated November 23, 1934, with an amendment to include
pedestrian walkways along only one side of the streets within the
development per the overall Edenvale 9th Addition Industrial Park approved
plan.
Motion carried--6-0-1 (Marhula abstained) 2/1g)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #84-323
RESOLUTIM APPROVING THE PRELIMINARY PLAT OF NORTH BAY OF TIMBER LAKES
2ND ADDITION FOR RICHARD MILLER HOMES
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of North Bay of Timber Lakes, for Richard Miller Homes
dated December 13, 1984, consisting of approximately 9.41 acres into three lots and
one outlot, 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. Iii1, Mayor
ATTEST:
John D. Frane, City Clerk
Riley- Purgatory Creek Watershed District
8950 EDEN MARIE 00
*EDEN PRA10IE, MINNESOTA 55344
November 7, 1984
Mr. Terry J. Lamb
Richard Miller Homes, Inc.
7900 Timber Lake Drive
Eden Prairie, Minnesota 55344 .
Re: North Bay Timber Lakes 2nd Addition: Eden Prairie
Dear Mr. Lamb:
The Board of Managers of the Riley-Purgatory-Bluff Creek Watershed Dis-
trict has reviewed the plans and grading and land alteration permit appli-
cation as submitted to the District for site grading and utility installation
on the North Bay of Timber Lakes 2nd Addition in Eden Prairie.
The Managers approve the grading and land alteration permit subject to
the following conditions:
1. All erosion control measures shown on the plans must be installed
prior to commencement of grading operations and be maintained until
all areas altered on the site have been restored.
If hay bales are utilized, all bales must be staked in place with
lath or rebars and reinforced on the downstream side with snow
fence. If silt fence is utilized, the maximum allowable spacing
between posts is 4 foot on center and the posts must be either 2" x
2" oak, pine or steel fence posts.
2. All areas altered on the nite must be restored with seed and disced
mulch, ood, wood fiber blanket, or be hard surfaced within 2 weeks
after completion of construction or no later than September 15,
1985.
3. The District will require that the sedimentation/detention basin be
constructed at the initial stages of grading operations and be
functional during the site grading portion of the project.
The Dietrict will require that an oil-skimming mechanism be con-
structed at the outlet of the sedimentation basin.
4. The District must be notified a minimum of 48 hours prior to com-
mencement of construction.
211 .2
Mr. Terry Lamb
Page 2
November 7, 1984
If you have any questions regarding the District's comments, please call
us at 920 -0655.
ROO/ 111
c: Mr. Frederick Richards
Mr. Frederick Rehr
Mr. Gene Dietz
Sincerely,
Ro er t' C Obe rmeyer
BARR ENGINEERING GO/
Engineers for the District
Approved by the Board of Managers
RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT
resi dent
Date:
// 1. 9(7. -)
1713
000 TIMBER LAKE DRIVE/ EDEN PRAIRIE, MINNESOTA 553441 AREA CODE 6121937.8600
October 24, 1984
Scott Kipp
City Planner
City of Eden Prairie City Hall
8950 Eden Prairie Road
Eden Prairie, MN 55344
RE: Revisions to Desiltation Pond and Soil Erosion Site Plan
PROJECT: North Bay of Timber Lakes, 2nd Addition
Dear Mr. Kipp:
Attached herewith are 10 copies for attachment to the package
submitted October 15, 1984, for Preliminary Plat Review.
As stated in the letter of October 16, 1984, certain revisions
were requested by the Riley-Purgatory Creek Watershed District.
Those revisions have been incorporated into the revised drawing
and have been forwarded at this time for the planning department
review process.
If there are any further questions or remarks, please contact
Richard Miller Homes as soon as possible.
Respectfully,
/644
Terr . Lamb
J. 1
!IMAGINEERS
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ilMAGINEEIIS\s_ 7900TMERLAKEDRWEIEDENPRMRIENMESOTA55344IAREACODE612 1 9374600
October 16, 1984
Scott Kipp
4
City Planner
0
City of Eden Prairie City Hall
8950 Eden Prairie Road
Eden Prairie, MN 55344
Re: Riley-Purgatory Creek Watershed District Review
Project: North Bay of Timber Lakes, 2nd Addition
Dear Mr. Kipp;
A meeting with Mr. Bob Obermeyer of Barr Engineering concerning
the Watershed District Review and the proposed desiltation pond
established the following recommended revisions for the engineering
of the desiltation pond:
1. The manhole casting cover should be changed to a catch basin
casting cover to pick up any overflow if the 8" pipe becomes clogged.
2. The 20 wide spillway indicated at the west end of the pond
should be relocated to direct the overflow toward the catch basin
manhole to minimize soil erosion that may occur with an overflow
situation. This would also require that the top of casting elevation
be at 883.2 to pick up the overflow.
3. The outlet noted on the present drawing positioned at an
Invert elevation of 876.00 should be placed at an invert elevation
of 872.00, thereby minimizing soil erosion at the lake edge.
The recommendations have been accepted and direction has been given
to our engineers to incorporate these recommendations as revisions to
the Desiltation Pond and Erosion Control Site Plan.
These revisions, hopefully, should be completed this week. When that
has happened, 10 copies will be forwarded to the City Planning Department
to attach to the previously submitted Preliminary Plat Review Package
with revisions, and doted October 12, 1984.
This letter, hopefully, will have helped in explaining the revisions
requested by the Watershed District.
Resnelfully,A
Ter6A. Limb
cc: Bob Obermoyer, Riley-Purgatory Creek Watershed District
Dave Olson, City of Eden Prairie Engineering Department
.2'7U
tin:En/ED OCT
Riley- Purgatory Creek Watershed District
0950 EDEN Printritu Ut
EDEN PRAIRIE, MINNESOTA 553.s.t
October 4, 1984
Mr. Terry Lamb
Richard Hiller, Inc.
7900 Timber Lake Drive
Eden Prairie, Minnesota 55344
Re: Site Berm Along County Road 4 - Timber Lakes Development: Eden Pra
i
r
i
e
Dear Mr. Lamb:
The engineering advisors to the Board of Managers of the Riley
-
Purgatory-Bluff Creek Watershed District has reviewed the plans as submi
t
t
e
d
to the District for the construction of a site berm along County Road wi
t
h
i
n
the Timber Lakes Development in Eden Prairie. Because this proposed pr
o
j
e
c
t
does not meet the criteria set forth in Section E(2) of the District's re
v
i
s
e
d
Rules and Regulations, a grading and land alteration permit from the Dist
r
i
c
t
will not be required for this project.
If you have any questions regarding the District's comments, please call
us at 920-0655.
2-1Pr
Robert C. Obermeyer
/BARR ENGINEERING CO.
;Engineers for the District
RC0/111
c: Mr. Frederick Richards
Mr. Frederick Rnhr
Mr. Dave Olson
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PROPOSE SITE
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STAFF REPORT
TO:
FROM:
TROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE 614-NCITT
REQUEST:
Planning Commission
Michael D. Franzen, Senior Planner
Chris Enger, Director of Planning
November 23; 1984
North Bay of Timber Lakes, 2nd Addition
Northwest quadrant of County Road #4 and Timber Lakes Drive
Richard Miller Homes
1. A Zoning District Amendment on approximately one acre.
Preliminary Plat of 9.41 acres into two lots and one outlot.
I C_
This is a continued item from the
November 9, 1984, Planning Com-
mission meeting. The Commission
recommended that the development
plans be returned to the proponent PUB
for revisions, since the overall
site plan was too tight and did not
provide enough room for parking,
unobstructed access, and land-
scaping. 145
Revised Site Plan
The proponent has submitted a
revised preliminary plat and site
plan, which illustrates the location
of two buildings in an area
previously occupied by three build-
ings. The buildings have been moved
approximately 20 feet farther apart
such that the minimum setback is 53
feet. Adequate provisions for park-
ing have boon provided on a per unit
basis. Under RM-7.5 zoning, the
Code would require one enclo!:ed and
one open space per unit. One garage
spare and two open parking spaces
are provided for each unit. In
Background
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North Bay, 2nd Addition 2 November 23, 1984
front of each of the garages is room for a nine by nineteen-foot standard parking
stall without obstructing driveway access to an adjacent unit.
The "loosening-up" of the site plan provides for more open space between the units
which can he used for snow storage and for landscaping to enhance the overall visual
appearance of the project.
SUMMARY
The Planning Commission could choose any of the following alternatives:
1. The Planning Commission could recommend approval of the Preliminary Plat of
9.34 acres into two lots and one outlot and a Zoning Amendment on
approximately one acre based on plans dated November 19, 1984, subject to
the Staff Report dated November 23, 1984, and November 9, 1984, and subject
to the following conditions:
A. Prior to Council review, proponent shall:
1. Submit a detailed mass landscaping plan for review.
2. Submit a detailed grading plan for review.
B. Prior to Final Plat, proponent shall:
1. Submit a detailed storm water run-off and erosion control
plan for review by the City Engineer.
2. Submit a detailed storm water run-off and erosion control
plan for review by the Watershed District.
C. Prior to Building permit issuance, proponent shall:
1. Pay the appropriate Cash Park Fee.
2. Notify the City and Watershed District at least 48 hours in
advance of grading.
2. The Planning Commission could recommend approval of the development plans as
submitted.
3. The Planning Comnission could recommend that the development plans be
returned to the proponent for revisions and additional information.
4. The Planning Commission could recommend denial of the development request.
frM
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT/
FEE OWNER:
REQUEST:
Background
Planning Commission
Michael D. Franzen, Senior Planner
Chris Enger, Director of Planning
November 9, 1984
North Bay of Timber Lakes, 2nd Addition
Timber Lakes Drive and County Road #4
Richard Miller Homes
1. Zoning District Amendment on 1.34 acres.
2. Preliminary Plat of 9.41 acres into three lots and one
outlet.
The Planning Commission reviewed a
preliminary plat and zoning amend-
ment on this site in April, 1984.
The Planning Commission closed the
public hearing and asked the
proponent to submit a new develop-
ment plan, based upon recomnend-
ations of the Planning Commission
and City Staff, which included:
1) Minimizing grading within
the 150-foot Shoreland set-
back from Mitchell Lake;
2) Providing adequate space
between the private road and
adjacent property lines to
screen garages and parking
areas;
3) Providing adequate room for
parking and unobstructed
unit access;
4) Providing adequate room for
room for snow storage;
North Bay, 2nd Addition 2 November 9, 1984
5) Providing adequate room for landscaping at unit entrances;
6) Providing an internal pedestrian system, which would link this development
with the future park to the south of this area; and,
7) Providing additional right-of-way along County Road #4, if necessary.
The proponent is submitting . a request for preliminary plat of 9.41 acres into three
lots and one outlot. A concept plan is submitted for the outlot; however, the
proponent is not requesting specific approval at this time.
Concept Plan
The original concept plan, reviewed by the Planning Commission in April, 1984,
involved 9.41 acres and fifteen multiple family lots, or 60 units. The revised
concept plan has twelve buildings, or 48 units.
In addition to the reduction in units, buildings are located beyond the 150-foot
Shoreland setback. Buildings on the private drive are 20 feet farther away from
County Road #4 and subdivision to the north of the property at the closest point.
Another way to develop the concept plan, which would minimize overall road length,
would be to flip-flop the buildings and the road to utilize a central driveway
system. By doing this, there would be an opportunity for 100 to 150 feet of buffer
along County Road #4.
Site Plan
The site plan involves three, four-unit buildings on 1.34 acres of land, with three
lots of 15,762 square feet, 17,430 square feet, and 22,123 square feet. floor Area
Ratio's range from 0.30 to 0.42. Code would allow a Floor Area Ratio up to 0.5 for
a multi-story building.
Several variances are being requested, including minimum lot size, minimum lot
width, lot depth, and side yard setbacks. Previous Staff Reports expressed concern
about the setback between buildings, which left minimal room for landscaping and
manuevering of vehicles. The original setback was 20 feet. The minimum separation
between buildings is 30 feet at its closest point, and 80 feet at its farthest
point.
Access to these lots will be by private drive, and no minimum front yard setbacks
are required. However, there should be adequate setback between the garage and the
driveway to provide space for parking of vehicles and landscaping. There is
adequate room in the front yard to park two vehicles in front of each of the
garages. However, the garage access on the east side of the building on Lot 2 is
tight, and a car can potentially block access to the northwest garage on Lot 3. A
repositioning of the building on Lot 2 could provide the required additional room
for parking and an unobstructed drive lane. (See Attachment A)
Part of Outlnt F will be combined with Lot 1 in order to meet minimum rear yard
setback requirements and to provide enough room for buffering to the adjacent single
family lots.
Grading
Previous grading plans for this site involved considerable cut and fill work
North Bay, 2nd Addition 3 November 9, 1984
contrary to the natural slopes around Mitchell Lake. A siltation pond is being
constructed adjacent to Mitchell Lake in order to trap sedimentation and impurities
and prevent them from entering the lake. The grading limits of the siltation pond
will be on the south side of the existing band of elm vegetation. All of the
grading work will occur above the 880 contour. 4/1 slopes are proposed around the
ponding area. Grades along the proposed swale, west of Building site #1, are at
5/1. These slopes should be sodded or seeded with a hydro mulch immediately after
grading to minimize erosion. The swale, along the northeastern side of Building #3,
is a modification to an existing swale.
There is some grading work occuring along County Road #4 at this time. Stock pile
material, from elsewhere on the site, is being used to create a berm for future
screening and buffering of homes from County Road #4.
The majority of storm water run-off will sheet drain overland through swales to a
siltation pond adjacent to Mitchell Lake. All disturbed areas should be sodded or
seeded immediately after construction. Details of the outlet structure into
Mitchell Lake should be provided for review by the Engineering Department.
The revisions to the site plan and the concept plan allow for considerable open
space to be preserved in its natural state around the Mitchell Lake. Although a
siltation pond will be constructed within the 150-foot setback, the existing trees
and vegetation below the 880 contour adjacent to the lake will not be disturbed.
Any future grading, to accompany any rezoning, or plat request for the balance of
the property, should be minimized within the setback.
Access
Access to this site will be by an extension of a private road from Timber Lakes
Drive. Hennepin County has reviewed the previous plat for -the property and found it
acceptable with a number of conditions, which include no need for additional right-
of-way along County Road #4, and that the proponent must obtain access permits and
grading permits for any work to be done within County right-of-way.
Architecture
The four-unit buildings will be similar in size, and style to those existing
townhomes. Building units will be two-story wood frame, with four-foot by nine-
foot panel siding, and horizontal and vertical trim boards for visual accent. The
roof will be constructed with dark brown colored shingles. These two-story
townhomes are built on grade.
Landscaping
•
A typical landscape plan has been submitted for a four-unit building. Plantings
will include a variety of shade and shrub materials. The size of the shade trees
should be a 2-1/2 caliper-inch minimum with a 2-3/4-inch average. A mass landscape
plan should be prepared to show the relationship between these buildings, Mitchell
Lake, and the single family homes to the west of the development. There should be a
screening plan, consisting of heroine and coniferous materials along the west
property line of Lot 1. A berm is proposed as part of the grading plan and should
be supplemented with coniferous trees of at least six feet in height.
Jsrli);
North Bay, 2nd Addition 4 November 9, 1984
Utilities
Sewer and water service can be provided to this site by connection to existing
utilities in the private roadway.
Pedestrian Systems
There are existing sidewalks along Timber Lakes Drive and Island Road. The sidewalk
along Timber Lakes Drive will connect eventually with a future City park. Because
of the tight relationship between the townhomes and the private road, one option
would be a sidewalk along County Road ;4. This would also provide a way to get to
the convenience store at the new SuperAmerica Station. Another option would be a
sidewalk along Mitchell Lake, which would tie into Island Road through Outlot F.
This would also allow people to utilize the lake for recreational purposes.
SUMMARY
The Commission may choose to recommend any of the following alternatives:
1. The Commission could recommend approval of the request for preliminary plat
and site plan review on 1.34 acres and preliminary plat of 9.41 acres into
three lots and one outlet based on plans dated September 28, 1984, revised
October 10, 1984, subject to the Staff Report and subject to the following
conditions:
A. Prior to Council review, proponent shall:
1. Submit an overall mass landscape plan, which provides for
screening of townhomes from adjacent single family homes.
2. Provide an off-road pedestrian system, which links townhomes
to the existing sidewalk on Island Road and Timber Lakes
Drive where determined by the Parks, Recreation, and Natural
Resources Commission.
3. Modify the site plan to reposition the townhome on Lot 2 to
provide room for parking and unobstructed access.
B. Prior to Final Plat, proponent shall:
1. Submit detailed erosion control and grading plans for review
by the Watershed District and the City Engineer.
C. Prior to Building permit issuance, proponent shall:
1. Pay the appropriate Cash Park Fee.
2. Notify the City and Watershed District at least 48 hours in
advance of grading.
D. Board of Appeals approval for lot size, depth, width, and setback
variances.
2. The Comnission could recommend that the plans be revised based on Commission
2171 C
North Bay, 2nd Addition 5 November 9, 1984
recommendations and the Staff Report.
3. The Commission could recommend approval of the request as submitted.
4. The Commission could recommend denial.
2j 1q1).
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MINUTES
EDEN PRAIRIE PLANNING COMMISSION
Monday, November 26, 1984
School District Boardroom
7:30 p.m.
IV. DEVELOPMENT PROPOSALS
A. .NORTH PAY OF TIMOER LAKES 2NO ADDITION, by Richard Miller Homes.
Request for Zoning District AcInda2nt within RM-2.5 District (with
variances for the Board of Appeals) and Site Plan Review for 8 units
F
Planning Commission Minutes 2 November 26, 1984
within two buildings on approximately 1.34 acres; and Preliminary
..Plat of approximately 9.41 acres into three lots and one outlot.
Location: Northwest quadrant of County Road #4 and Timber Lakes
Drive. A continued public hearing.
Mr. Terry Lamb, representing Richard Miller Homes, presented the revised
plans for the subject project. He stated that the third building and third
lot had been removed from the plan. Also, parking spaces for the units had
been provided with two enclosed spaces for each unit and other at-grade
spaces provided in other locations on-site.
Planner Franzen reviewed the findings of the Staff Report of November 23,
1984, regarding the project.
Torjesen asked how many parking spaces, total, were provided for each unit.
It was determined that proponents had provided 4.25 parking spaces per unit
for this development. .
Hallett asked if County Road #4 would ever be upgraded to a four-lane road.
Staff responded that it would be. Hallett asked if the sidewalk along
County Road #4 would be located outside of the right-of-way. Staff stated
that it would be. Hallett expressed concern that the sidewalk for this are
not be torn up with the upgrading of County Road #4. He asked if the
pedestrian trails would eventually be installed all the way to County Road
#1. Staff responded that this was planned for the future.
Hallett asked if the existing single family home, the exception parcel along
the east border of the property, would be required to install sidewalk along
the lot frontage. Staff explained that it would not be necessary that the
trail be located in front of the single family residence as the residents of
the Timber Lakes developments could access the public trail without crossing
private property. Hallett asked Staff to check into the requirements for
installation of sidewalk along the frontage of the single family home.
Torjesen asked if the City had ,ever granted variances such as those
requested by proponent for setbacks. Staff responded that this had been
done before and listed several projects where the setback variances had been
granted based on lot lines platted for purposes of financing through federal
government programs for mortgages.
Chairman Beaman asked for comments and questions from members of the
audience. There were none.
MOTION 1:
Motion was made by Gartner, seconded by Hallett, to close the public
hearing.
Motion carried-6-0-0
MOTION 2:
Motion was made by Gartner, second^d by Hallett, to reconnend to the City
Council approval of the request 01 Ricimrd Miller Homes for Zoning District
Planning Commission Minutes 3 November 26, 1984
Amendment within the RM-2.5 District for approximately 1.34 acres for eight
multiple.family units to be known as North Bay of Timber Lakes 2nd Addition,
based on revised plans dated November 19, 1984, subject to the findings of
the Staff Reports dated November 9, and November 23, 1984.
Motion carried--6-0-0
MOTION 3:
Motion was made by Gartner, seconded by Hallett, to recommend to the City
Council approval of the request of Richard Miller Homes for Preliminary Plat
of 9.41 acres into two lots and one outlot for two four-unit multiple family
structures to be known as North Bay of Timber Lakes 2nd Addition, based on
revised plans dated November 19, 1984, subject to the findings of the Staff
Reports dated November 9, and November 23, 1984.
Motion carried--6-0-0
Planning Commission Minutes 6 November 13, 1984
B. NORTH BAY OF TIMBER LAKES 2ND ADDITION, by Richard Miller Homes. Ecrtiesi for Zoning DistriEt —hithi:Znt within RM-2.5 District (with
variances) and Site Plan Review for 12 units within three buildings
on approximately 1.34 acres; and Preliminary Plat of approximately
9.41 acres into three lots and one outlot. Location: Northwest
quadrant of County Road iM and Timber Lakes Drive. A public hearing.
Mr. Terry Lamb, representing Richard Miller Homes, reviewed the proposed
development with the Commission. Planner Franzen reviewed the findings of
the Staff Report of November 9, 1984.
Chairman Bearman asked if sight lines had been prepared from the single
family home area to the west and south. Mr. Lamb stated that there would be
berming and plantings to screen their vision of these multiple units.
Marhula pointed out areas where access to garages would be blocked due to
tight design of the site, if redesign of certain parking areas was not
accomplished. Mr. Lamb stated that this would be corrected.
Mr. Mark Weber, 7966 Timber Lakes Drive, stated that one of the buildings
would be approximately two to three l'eet away from his driveway and
questioned whether this was proper site design. He stated that he could
perceive problems with things such as snow storage. He also pointed out
that the plans indicated that some of the landscaping around his unit would
be removed and asked whether it would he replaced. Mr. Lamb stated that
trees would he relocated. Mr. Weber stated that he had paid a premium for
his structure due to the view from his unit to the lake. The plan, as
proposed would block • that view and he asked if it would be possible to
redesign the site to avoid this situation. Mr. Weber pointed out that there
were diseased trees located on the site which had been marked and asked that
these be taken care of soon. He asked the Commission if the City would
consider having the open space finished prior to additional development of
the property as it had not been completed since 00 initial development of
the property and the residents were beginning to wonder if it ever would be.
Chairman Roarfflan stated that ho felt, based on Staff findings and comments
from the audience, the site was too tightly designed. Marhula stated that
he agreed.
-
Planning Commission Minutes 7 November 13, 1984
Mrs. Harvey Olsen, 7964 Timber Lakes Drive, stated that she had also paid a
lot premium for view of the lake and that proposed Building #3 would block
that view. She suggested that one of the structures be removed and added
that she concurred with concerns regarding obstructed access to garages.
Gartner stated that she felt there was too much site coverage by parking
areas, driveways, and buildings, that the site was too tightly designed.
MOTION:
Motion was made by Marhula, seconded by Torjesen to continue the public
hearing to the November 26, 1984, Planning Commission meeting to allow
proponent time to revise the plans per the concerns of the Planning
Omission and the findings of the Staff Report of November 9, 1984.
Motion carried--5-0-0
,ff
EON YAMPA A
MINNESO I ia
RONJOHNSON
F. Che
EDEN PRAIRIE DEPA RDIENT PEDLIC SAFETY
FIRE DIVISION
7900 Mitchell Itoad
Eden Prairie, Minnesota 553.1 ,1
937 -27110
EMERGENCY
POLICE AND FIRE
December 14, 1984
Dear Building Owner:
On Tuesday, December 18, 1984, the City of Eden Prairie will hold
a public hearing to discuss the proposed adoption of optional
Appendix E to the building code. This appendix, if adopted,
would allow the City of Eden Prairie to require the installation
of automatic fire suppression systems (sprinklers) in buildings,
which because of size, create significant difficulty in
extinguishment and additional risk to fire fighters.
The provisions would apply to new buildings constructed after
adoption, and to existing buildings if an addition which
increased the occupant load were constructed.
The public hearing will be held at the School District
Administration building, 8100 School Road, at 7:30 PM in the
administration board room.
Copies of the proposed appendix will be available the night of
the hearing.
If you have any questions, please feel free to contact the Fire
Marshal at 937-2700 at any time.
Very truly yours,
EDEN PRAIRIE FIRE DIVISION
Phil Mathiowetz
Assistant Chief/Fire Marshal
PM:dh
RONJOHNSON
EDEN PRAIRIE DEPARTMENT OF PUMA! SAFETY
FIRE DIVISION
ifton M Rid
Eden Prairie. I iinesota
937-2700
EMERCENCY
POLICEANIHARE
9-1—A
November 29, 1984
TO: Chief Hacking
FROM: Phil Mathiowet*
SUBJECT: CITY ADOPTION OF APPENDIX*E
On November 9, 1984, we went before the City Development Commission
to discuss proposed Appendix E. I had requested Pat Coughlin from
the Richfield Fire Department and Hugh Strawn from the Minnesota
Insurance Information Center to assist us in our presentation and
answering questions from commission members.
Because of this meeting, the Development Commission gave their
endorsement to our proposal and indicated that they would support
adoption.
Appendix E is an optional appendix to the State Building Code. It
would permit the City of Eden Prairie to exceed the current
requirements of the State Building Code in respect to the installation
of automatic fire suppression systems.
In Eden Prairie, this would put automatic sprinkler systems in all
buildings that, because of size, would present an extra fire hazard.
Automatic sprinkler systems are a tested and proven approach to fire
protection, with a long, solid record of effectiveness. These
systems are a basic element in municipal fire protection, and would
provide the most cost-effective solution for our rapidly growing
community. Sprinkler systems would allow builders to use lesser
construction materials in many areas, decrease insurance rates in
many cases, and would decrease damage and major loss claims which,
in many cases, can be the difference between small interruptions
or going out of business.
Because of the cost-effectiveness and dependability of built-in
fire suppression systems, and the importance these systems are to
our rapidly growing community and fire protection future, I would
recommend that we pursue the adoption of Appendix E to our City
Council.
PM:sjm
2170-A
Department of Administration
Building Codes and Standards Division
Adopted Rules Governing Amendments to the State Building Code Entitled Proposed
Optional Appendix E Automatic Fire Suppression Systems
Rule as Adopted
2 NICAR 1.10020 Optional provisions for installation of on-premises tire suppression
s
y
s
t
e
m
s
.
A. Purpose. This nile authoriies opiional provision, for the insiallation of on-prem
i
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e
s
t
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s
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s
s
i
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y
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m
,
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e
w
construction. it is intended to alleviate increasing demands for additional tire suppres
s
i
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s
o
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b
y
a
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l
o
w
i
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g
i
t
m
u
n
i
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i
p
a
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i
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y
to adopt the optional provisions or this rule bawd on its !steal tire suppression capabilities.
IL Municipal option. The sprinkler system requirements in C. may he adopted without
c
h
a
n
g
e
b
y
a
m
u
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i
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i
p
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.
1
1
t
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a
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e
adopted, the requirements are applicable throughtaa the MIlnicipalit for new buildings. ad
d
i
t
i
o
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s
t
o
b
u
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d
i
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g
s
.
a
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d
b
u
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l
d
i
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g
s
f
o
r
w Inch the occupancy classilieation is changed.
C. Requirements. Automatic sprinkkr systems must he installed :mil maintained in
o
p
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r
a
b
l
e
c
o
n
d
i
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i
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i
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b
u
i
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i
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g
s
i
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t
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e
occupancy classilicalions listed in I.-12. Ili, requirement is in addition to other minintun
t
r
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q
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e
m
e
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t
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e
t
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t
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e
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t
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b
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i
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code. The height and area increases provided 49 in sections Son and 507 or the Uniform
B
u
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l
d
i
n
g
C
o
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e
.
a
s
a
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o
p
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e
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i
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t
h
e
s
t
a
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e
building code mite be itmlied are applicable.
I. Croup A•1 occupancies.
2. Group A-2 occupancies with an occupant load or 100 or more.
1. Group A-2.I occupancies.
4. Group 11-1 service stations with 3.000 or more gross sq. ft. or area. not including canopies.
5. Group 11- I parking garages with 5.000 or more gross sit. 11. or area.
h. Croup B-2 offices and post-secondary classrooms with 8.500 or more gross ft. of area or three or more monies in
height.
7. Group 11-2 retail. warehouse. or manufacturing areas smith 2.000 or more gross mi.
f
t
.
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a
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r
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i
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height.
It. Group E.1 and E.: occupancies with 11500 or more gross sq. ft. in area or two o
r
m
o
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s
t
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i
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s
i
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i
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c
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p
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f
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r
minor additions that do not increase the occupant load or significantly increase the l
i
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e
l
o
a
d
.
9. Group E.3 occupancies with an occupant load 410 or more.
10. Group 144 occupancies with 3.000 or more gross sq. ft. of area.
11. Croup R-I apartment houses with 8.5151 or more gross sq. ft. or area or witirdwellin
g
u
n
i
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s
o
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B
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s
.
incept that when they are not required by Uniform Building Code. sections 1807
o
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1
9
0
7
.
o
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o
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h
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r
p
r
o
v
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,
o
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building code. automatic sprinkler systems within dwelling units in apartment occ
u
p
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c
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i
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p
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w
h
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n
protection is prtwided in all hahitahl rooms. Building officials. in concurrence wi
t
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t
h
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i
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t
i
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c
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i
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f
s
.
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n
a
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systems uot I1 eolinpltriel which have fire protection capabilities equivalent to sys
t
e
m
, which comply with Standard 384 or
the Uniform Building Code.
12. Group R-I hotels and motels with 8.5fi1 or more gross sq. ft. of area or with guest room
s
o
n
t
h
r
e
e
o
r
m
o
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f
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o
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s
.
KEY: PROPOSED RULES SECTION — Underlining indicates additions to costing
r
u
l
e
l
a
n
g
u
a
g
e
.
S
e
m
i
t
i
c
t
u
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e
s
i
n
d
i
c
a
t
e
deletions from esisting rule language. If a proposed rule is totally new, it is design
a
t
e
d
-all new material.** ADOPTED
RULES SECTION — Underlinme indicates additions to proposed rule language.
S
t
r
i
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e
e
m
o
i
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d
i
c
a
t
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d
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l
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i
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n
s
f
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o
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proposed rule language.
(CITE 7 S.R. 1519)
STATE REGISTER, MONDAY, APRIL 18, 1981 PAGE 1519 •
•
SPRINKLER REQUIREMENTS COMPARISON
Currhf:SIindai4i --(1-9-62-U.B:t71— .
Appendix E Rules .
. .
CCUPANCY TYPE OCCUPANCY GROUP * CURRENT BUILDING CODE APPENDIX E
RULES (sq. foot)
All areas with
300 or more
'occupants ASSEMBLY
•
A0-1. A-2 Stage
A-2.1 300+
A-3 300-
A-4 Stadiums
Drinking, dining areas
+5000 basements
+1500 display areas
+12,000 and stair
stage, loft areas
BUSINESS
13-1 Service Stations
Garages
B-2 Retail storage
offices, adult
schools
B-3 Hangers
B-4 Non-combustible
storage
Retail sales 12,000+
High-piled storage
•
Service
Garages 5000+
Offices 8 Schools
8500+ or 3 stories
Retail & Storage
2000+ or 3 stories
EDUCATIONAL
E-1 Thru 12th grade
50+ occupants
E-2 Thru 12th grade
-50 occupants
E-3 Day Care, more
than six
Basement +1500
Under stair areas
8500+ or 2 stories
8500+ or 2 stories
All areas with
+29 occupants
.
HAZARDOUS
H-1 Haz Mat
H-2 Ram. liquids
11-3 Dust Hazard
11-4 Repair Garage
H-5 Repair Hanger"
+1500 .
+1500
+3000
over one story +3000
INSTITUTIONS
I-1 Hosp./Nursing
1-2 Supervised
Living
1-3 Jails
All areas
RESIDENTIAL
R-1 Apartments/
Hotels
R-3 Dwellings
'
8500+ or 3 stories
* MISCELLANEOUS
H-1 Private
Garages
M-2 Towers -
i
rUniform Building Code requires sprinklers in all buildings of more than 1500 square
4I )fl in n,-k 1fl 1innIl font
i ivUl LIJOL (Ire mit, plur,u,u Vff,. CU JMUOIG WWI. VVVIII”JJ In CU,. .t.$ Avet,w.
i
........ ,
..i exterior wall for firefighting and rescue. Sprinklers are also required n all shafts
extending three or more floors for rubbish or linen handling; also film and fiber
storage vaults.
ORDINANCE NO. ICP 0 4
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE, SECTION 11.03, SUBD. 1.A., AND SECTION 11.35, RELATING
TO USES IN THE PUBLIC DISTRICT; AND SECTION 11.71, SUBD. 2.B.1.,
RELATING TO ADVERTISING SIGN ZONES; 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. City Code Section 11.03, Subd. 1.A., shall be
and is amended to read as follows:
Subd. 1. Establishment of Districts.
A. The following Districts, with the abbre-
viations stated, are hereby established. (Some Districts are
subdivided for the purpose of this Chapter, in which case, only
the abbreviations of such subdivisions may be shown.)
District Title Abbreviation
Rural District
One-Family Residential District R-1
R-44
R-22
R1-13.5
R1-9.5
Multi-Family Residential District
Office District
Commercial. District
Neighborhood Commercial District
Commercial District
Regional Commercial District
Regional. Service District
Highway Commercial District
Industrial District
industrial Park District
Industrial Park District
General Industrial District
Public or-Otta!4i--Pnk+ie District
Delotcd lanqudqe
RM
RM -6.5
RM -2.5
OFC
N-Corn
C-Con
C-Reg
C-Reg-Ser
C-Hwy
1-2
I-5
1-Gen
PUB
Section 2. City Code Section 11.35 shall be and is amended
to read as follows:
SEC. 11.35. PUB - PUBLIC OR-QUABI-PBBLIG DISTRICT.
Sub& 1. Purposes. The purposes of the PUB -
Public er-euasi-Pube District are to provide a procedure for
the orderly establishment of public facilities, expansion of
their operations, or change in the use of lands owned by govern-
mental agencies and for the identification of drainage ways and
flood plains and-eitsasi-pulaIie-mstitutionai-eses.
Subd. 2. Permitted Uses. Permitted-uses-inellade
all-peblie-amel-quasi-publie-usesT-drainaffe-ways-and-fIeed-plaifts
appreved-by-the-Geuneii-,
[A. Public facilities and services.
B. Drainage ways and flood plains approved
by the Council.]
Section 3. City Code Section 11.71, Subd..2.B.1., shall be
and is amended to read as follows:
1. A strip of land 200 feet in depth
extending along the northerly side of State Highway 169 and
bounded on the west by the City limits and on the east by the
west line of Section 27, Township 116, Range 22. At such time
as properties in or near this zone are reclassified from Rural
Zoning District to any other zoning district that portion of
the Advertising Sign Zone situated within [such other zoning
district and) 500 feet of the boundary [thereof] of-sueh-new
zoning-diriet is revoked.
-2-
Section 4. City Code Chapter 1, entitled "General Pro-
visions and Definitions Applicable to the Entire City Code
Including Penalty for Violation," and Section 11.99 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
Eden Prairie on the day of
, 1984,
and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the
day of
, 1984.
ATTEST:
City Clerk
PUBLISHED in the Eden Prairie News on the
, 1984.
day of
-3-
ZnS
IILEmBR 15,17114
I 4 VOID 0111 CHECK
)7'445 INSTY P0114 IS PRINTING OF POSTERS & FLYERS-C/S
11146 WENDY BURNS CARLSON SKATING INSTRUCTOR/FEES PAID
1/447 NORTHERN STATES POWER CO SERVICE
17440 SUPPLEES 7 HI ENTER INC DECEMBER RENT
17449 DANA 1310145 PACKET DELIVERY
17450 ASSN OF TRAINING OFFICERS MINNESO CONFERENCE POLICE DEPT
17451 INTERCONTINENTAL PCKG CO WINE
17452 PR101; WINE CO WINE
17455 WORLD CLASS WINE WINE
17454 JOHNSON MROTHERS WHOLESALE LIQUOR Li HOUR
17455 QUALITY WINE CO LIOUOR
17456 TWIN CITY MINE CO WINE
17457 GRIOSS COOPER & CO INC LIQUOR
17457 GRIOSS COOPER & CO INC LIQUOR
174517 EAGLE WINE CO WINE
17459 ED PHILLIPS 6 SONS CO LIQUOR
17460 CAPITOL CITY DISTRIBUTING CO WINE
17461 VOID OUT CHECK
17462 VOID OUT CHECK
17465 VOID SOT CHECK
17464 STATE OF MINNESOTA 1DR APPLICATION
17465 HIRSHFIELDS PAINT - COMMUNITY CENTER
1/466 KIMBERLY DAHLGREN REFUND -SWIMMING CLASSES
1(7 PETTY CALM
1 3 JASON-NCRTHCO PROPERTIES
POSTAGE FOR FRONT DESK
DECENBCR RENT
1169 PET1Y CASH EXPENSES
17470 TIM SHEA REFUND - EXERCISE CLASS
17471 U S DEPARTMENT OF COMMERCE BUREAU SERVICE
17472 NORMS POSTMASTER POSTAGE FOR DONUTS FOR SANTA MAILINGS
17473 WENDY WRNS CARLSON SEATING INSTRUCTOR/FEES PD
474 EAOLE WINE CO WINE
INIERCONTINENTAL PCKG CO WINE
PRIOR WINE CO WINE
If477 VOID OUT CHECK
ED PHILLIPS & SONS CO LIQUOR
J0M4l061, BROTHEPS NROLESALE LIQUOR W1NE
GRIGGS CORER 6 CO INC LIQUOR
WIN CITY NINE CO WINE
MUM TIME CO HONOR
74o3
p11:51 is L sONS CO N/NE
AomcEp DmPLICATINA 6 PRINT-IMO I COPIES OF 11 RE DEPT MANUAL
A TO 7 RENTAL CENTER EQUIPMENT 14E141 031 - STREET DEPT
A & H WELDINS 6 MVO CO FLATE.-CATER
ASPHALI PAVINS mAiERIALS INC SERVICE - LDENVALE.DLVD
Al 6 I INFORMATION 550)0 :o. SERVICE
AT I. T INFfikal1e4 SYSTIAls gERVIEL
(('Ii -11151/I 02111 INC Oil CI SUPPLIES
ANERILAN LINEN SUPPLY CO MOP SERVICE - 1/9 02
171/ 74171/SILl ExPENSES FOLIPE PEN
111. 1q.%1: 1 ,017 R ,1 n MENIS
Ar!11C41 s:EENTIF1c 1E074.015 Ac5hWIPM oh; Thor - WATER PERT
P.:4s w,H.Rs ROUES - 0,:: N 1/101
n4H Si (4)11; 1;1;!T It
1;497 Ai,11102 1. CL:;:d 1102 !,!(UkilY 1i0i2,3 IN JAIL CUL - P/S BLDG
7•04
7 41,
0.y ;
350.2'
150.7.
20636.1
3606.4!
65.0;
30.00
1306.C:
963.5:
2700.5:
4313.1.
310.C•
2660.0.
2126.7-
7069.27
40.71.1
0.4H•
0.00
27000.0;_
17.7.
12.0!.
7.3
3757.14
55.'1
17.0 ,
6050.0
133.7;
424.7.;
239.01
506.t!;
0.A•
6552.V:
334C.L -
4725.75
911.1.'
1804.0.
301.1.;
20.P ,
12.A ,
1111. II,
14111.1!
8.14.
16.1.;
110.1
540.-
191; ARMOR SECURITY INC
DALE AIHOT
ASTIEFORD ININL INC
AUTO CENTRAL SUPPLY
1;502 BNB SERVICES
17503 ARNIE BARNES
:!504 BATTERY & TIRE WAREHOUSE INC
7505 BOTIMERT-INGERSOLL INC
17506 BOOSTLAD ELECTRIC & MFG CO
17507 BRAUN ENC. TESTING INC
175013 BREDEMUS HARDWARE CO
:7509 BROWN PHOTO
17510 ROBERT PROSTAD
17511 FEDERAL RESERVE BANK
17512 COMMISSIONER OF REVENUE
17513 DEPARTMENT OF EMPLOYEE RELATIONS
17514 AETNA LIFE INSURANCE CO
17515 MINNESOTA DEPARTMENT OF P/S
17516 GREAT WEST LIFE INSURANCE CO
17517 UNITED WAY OF MINNEAPOLIS
17518 INTL UNION OF OPERATING ENO
17519 PERA
17520 BRYAN ROCK PRODUCTS INC
17521 BUILDERS ENSIMEERINO CO
f 72 BOTCHS BAB SUPPLY
CPT CORP
17524 CARDS); CORP
17525 CARGILL SALT DIVISION
17526 C 0 CARLSON AIR CONDITIONING CO
/7527 CARE POKER & EOUIPMENT
17520 CITY OF CHANHASSEN
17529 CHANHASSEN DUMPER 10 DUMPER
:7530
/7532
17534
7536
:7517
17530
/1537
:;511
:7512
( 13
' 14
ALARM SERVICE - SENIOR CENTER
141.40
NOVEMBER 64 CUSTODIAL SERVICE
200.04
NOULE/SPRINSiCABLE/FOUIPMENT MAINTENANCE
36.0
TOWELS/PAINT h SUPPLIES -EVUIP MAINTENANCE
239.1.
REPAIR CAS5E1TE DECK - COMMUNITY CENTER
100.0 ,
BASKETBALL OFFICIAL/FEES PD
50.0
OIL & AIR FILTEROATTERIES - EQUIP MAINT
527.t
AIR CYLINDER - EQUIPMENT MAINTENANCE
362.'
DEAR 1110 - COMMUNITY CENTER
37.4'
- SERVICE - ANDERSON LW PKMY/CARMEL ADD/
4702.CQ
-VALLEY VIEW ROAD/OLD SHADY OAK RD/STARINO
LAKE BRIDGES
STEEL DOOR/PS BLDG
-FILM PROCESSING - WATER/STREET/POLICE &
PLANNING DEPT
FIREMAN CALLS
PAYROLL 12/7/64
PAYROLL 12/7/84
PAYROLL 12/7/84
PAYROLL 12/7/84
MOTOR VEHICLE REGISTRATION
PAYROLL 12/7/94
PAYROLL 12/7/84
PAYROLL 12/7/84
PAYROLL 12/7/84
ROCK - NOVEMBER 64 CHARGES
14 INCH TUBE SLIDE-STARING LAU PARK
SUPPLIES LIENISR STORE
1905 MAINTENANCE AGREEMENT - POLICE DEPT
CARBON DIOXIDE- WATER DEPT
DEICING SALT
SERVICE - P/S BLDG
EOUIPMENT PARTS - PARK MAINTENANCE
SERVICE -LAKE ANN INTERCEPTOR ALIGNMENT
-HOSE/SPARK PLUGS/SUITCH/WMEEL CYLINDER/
-FILTERS/PLUG WIRES/DISTRIBUTOR CAP/DRAIN PAN/
-BATTERY CABLES/CARBURATOR KIT/JUMPER CABLES/
-MOTOR/MINILAMP/WHEEL WEIGHTS/OIL SEAL/
Exhaust pipe
FUEL CAP/BASKET -FIRE DEPT
REFUND 11)11 DEPOSIT
34000.
TOWELS-WATER DEPT
236.1
GAS DETECTION FOUIPNENT - FIRE DEPT
4115.1
SUPPLIES - ENG DEPT
SUPPLIES - CITY HALL
119.kh.
BUSINESS CARDS - ASSESSING DEPT
QUICKLIME - OATER DEPT
3631.i
VACUUM - P/S INDG/CLEANING 507161 ES
82).4,
POSTA:BE TO VERILY VOTER REGISTRATION
285.P:
NOVEMBER 84 FTEENSES
165.0,
SOFTIIES-COMMUNITY CENTER & CITY HALL
I 50.1
MIIIARE - COMMUNITY CENTER
INSTALL RAS NEATER - PARK MAINTENANCE
1300.4fl
SOFSCRIPTION - CITY HALL
10.w.
CHANHASSEN LAWN & SPORTS
COMPUTER DEPOT INC
CLEVELAND COTTON PRODUCTS
CONTINENTAL SAFETY FLOIPMENT INC
COPY EON/PUNT INC
COUNTRY CLUB MARKET INC
COALE P6111 INS COMPANY INC
CUTLER MARKER CO
TALCO
DEPARINENT ur PROP TAXATION
rizi.J4L III El?
DMISKILLS ROPER VALLI
JOY EASTMAN
EDTII CTAIMIT RE01INS 1 AIR CONDIT
FAIN ri,Alhu NINS
176.21:
100.00
18573.5r
9611.27
12674.2:-
114.00
35.0y
4101.00
108.7t,
689. ES
15685.0
2560.t.
916. I
327.4';
100.0
7.47
1428.1'
118174 4 1
7545 EDEN PRAIRIE TRASHIRONICS
17546 EGGERS
175I47 ELECTRIC SERVICE CO 4, 0 ELY RIVER EONCREFE PRODUCTS
17547 EMERGE/IC SERVICE SYSTEM INC
17550 RON ESS
17551 BATTERY SALES
17552 FAIRVIEW COMMUNITY HOSPITALS
17553 FARMERS STEEL CO
17554 FLAHERTY EQUIPMENT CORP
17555 FLEXIBLE PIPE TOOL COMPANY
17556 FOSS PRINTING INC
17557 6 & K SERVICES
17558 GAME IIRE
17559 GENERAL COMMUNICATIONS INC
17560 GENERAL OFFICE PRODUCTS CO
17561 GOODYEAR AUTO SERVICE CENTER
17562 GREATER MINNEAPOLIS AREA
17563 MACH CD
17564 ROGER A HAKINSON
17565 ROGER HAWKINSON
17566 HENNEPIN COUNTY
17567 HENNEPIN COUNTY TREASURER
17568 HENNEPIN COUNTY TREASURER
17569 MARK HEMANN
17570 HEWLETT PACKARD
17571 HAIGARDS
72 HOPKINS BUDGE SALES INC
t_ /3 INGERSOLL-RAND
17574 INIERNATIONAL ASSOC OF CHIEFS OF
17575 JM OFFICE PRODUCTS INC
17576 PETER W JACKSON -
17577 MRS ELAINE M JACQUES
17578 JAC OFFICE PRODUCTS CO.
17577 JOHNS AUTO PARTS
17580 CARL JULLIE
17581 JUSTUS LUMBER CO
17582 KARULF HARDWARE INC
1751) GREG KIRSCH
17504 KEENE NT(; & AIR COMO INC
17505 BAVID TOEENER
I75R6 ESAERERS NONE CENTER
1•7517 /ROY INC
17589 RAY REFBFR
1759? RVBFRT EDRSERT
1ANS PAULY .5 REESER:3PN LTD
SIATE OF OUTESPIA
NOVEMBER 04 TRASH PICKUP 310.00
PAIN! - P/S BLDG 23.55
CIVIL DEFENSE SIRENS MAINTENANCE 1400.e.
MANHOLE COVERS/MANHOLE RING-STREET DEPT 605.85
REPAIR bOOAD CAR LIGHTS 47.0,
HOCKEY OFFICIAL/FEES PD 92.0e
6 BATTERIES - EQUIPMENT MAINTENANCE 272.16
TESTS - POLICE DEPT 61.08
PIPE - PARK MAINTENANCE 107.35
SPARK PLUSS/OIL - POLICE DEPT 37.74
MANHOLE YOKE ASSEMBLE - WATER DEPT 218.40
LICENSE STICKERS - FINANCE DEPT 170.00
NOVEMBER 84 TOWEL/RUG & JACKET SERVICE 301.60
20 PICNIC TABLE FRAMES - STARING LAKE PK 2439.85 ,
RADIO REPAIR & PARTS 192.57.
OFFICE SUPPLIES 314.05
8 TIRES - EQUIPMENT MAINTENANCE 1392.1:
MARKET REPORTS-ASSESSING DEPT 36.0 ,
FLUORIDE-WATER DEPT 123.56
BASKETBALL OFFICIAL/FEES PD 25.0
BASKETBALL OFFICIAL/FEES PO 50.00
OCTOBER 84 BOARD OF PRISONERS 2478.B6
SERVICE - VALLEY VIER ROAD 18421.50
NOVEMBER 84 TREE DEBRIS REMOVAL 575.08
HOCKEY B BASKETBALL OFFICIAL/FEES PD 73.E ,
MAINTENANCE AGREEMENT - COMMUNITY CENTER
WINTFRUE WATER IOUNTAIN - P/S BLDG 89.3E
CARSURATOR - EQUIPNENT HAINTENARCE 304.05
EQUIPIENT RENTAL - PARK MAINTENANCE 61.08
1985 DUES - POLICE DEPT 50.0e
OFFICE SUPPLIES 105.7S
HOCKEY OFFICIAL/FEES PD 225.0e
STRAW BALES - PARK MAINTENANCE 15.1)(-
OFFICE SUPPLIES - POLICE DEPT 51.oz
2 CAR 00005/2 FENDERS - EDUIPMENT MAIM 436.0 8
EXPENSES 119.2!
-LUMBER - MATER/PARK MAINT 6 STARING LK
PARK
-SALT/STEEL. BAR/DOLTS/WASHERS/SNOW SCRAPER 1108.31
-HOOKS/SNAPS/FEARCES/CHAINiPIPES/PAifiT BRUSHES/
-PROPANE/STARTERS/FLOOR MAT,SATIERIES/SHOVEL/
-CEMENT DRILLS/DUCT TABE/FILTERS/CONCRETE/
-FILES/SPRAY 1AIN1/1A1/NISH/STAIN/ENAMEL/
SPICES/AA HANDLE/CASTOKS
EXPEI:SFS - COMMUNITY CENTER Lie
COVER ADAPTOR P/S BLDG 80.0-
VOLLEYBALL OFFICIAL/FEES PD
-REFLECTORS/LIGHT BULLS/SPIKES/BRACKET/ 171-s;
RIVETS
PLADUES - POLICE DEPT 120.5/,
SIM DALES - PARK MAINTENANCE
DECEMBER EXPENSES 175.R5
OCIOSER R4 SEOVICE
1DR 1/EVOS11-REYMOLOS PRINTING 14000.0-
L101557
I75'72 IAN- RUT/ANNUL LTD CANINE SUPPLIES - POLICE DEPT
'( 7 1 LONG LALL EELS TRACTOR N N
ELLE bkOS INN RUG SERVICE -P/S & STREET DEPT
PI - PARK MAINTENANCE
17595 LYMAN LOADER CO LUMBER - STARING LAKE PK BRIDGES
17596 MALKEBSON COURALET 1985 CHEVROLET PICKUP - POLICE DEPT
17597 BARBARA MATTSON SWIMMING INSTRUCTOR/FEES PD
17598 NET,LYNN BAKERY INC EXPENSES
17599 MCGRAN-HILL PUBLICATIONS CDMpANy SUBSCRIPTION - ENO DEPT
17600 METRO CONTRACTING INC BLACK DIRT - SENIOR CENTER
17601 METRO FETE COMM INC • DECEMBER 84 PAGER RENTAL
17602 METEOPUITAN WASTE CONTROL COMM NOVEMBER 134 SAC CHARGES
17603 MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-COMMUNIUTY CENT
17604 MINNESOTA COMMuNICATIONS CORP DECEMBER 84 PAGER RENTAL- WATER DEPT
17605 MINNESOTA CHIEFS OF POLICE ASSOC' 1985 DUES-POLICE DEPT
17606 MINNESOTA GAS CO SERVICE
17607 MFOA 1985 DUES - FINANCE DEPT
17608 MINNESOTA SUBURBAN NEuSPAPERS INC ADS - LIQUOR STORE
17609 MINNESOTA SUBURBAN NEWSPAPERS INC EMPLOYMENT AD - COMMUNITY CENTER
17610 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE
17611 MODEL STONE CO CONCRETE - STARING LAKE BRIDGES
17612 MODERN TIRE CO TIRE REPAIR-EQUIPMENT MAINTENANCE
17613 LOBED R MONSON EXPENSES - P/S BLDG
17614 WM MUELLER & SONS INC SAND - STREET DEPT
17615 MONICILITE CO STROBE LIGHTS - EQUIPMENT MAINTENANCE
17616 NATIONAL CITY BANK OF MINNEAPOLIS BOND PAYMENTS
17617 NORMESTERN BELL TELEPHONE CO SERVICE
SERVICE
BOND PAYMENTS
COMPUTER-BUILDING DEPT
MILEAGE
REPAIR SERVICE PUMP-WATER DEPT
CONCESSION STAND SUPPLIES-COMMUNITY CENTER
REPAIR DOOR•PUBLIC WORKS BUILDING
EXPENSES-POLICE DEPT
PRINTINT-POLICE DEPT
1ST OTR 85 EQUIPMENT RENTAL-CITY HALL
VOLLEYBALL TkOPMIES/FEES PAID
-REPAIR pARKING LOT LIGHTS-SENIOR CENTER
TIME CLOCK/LAMPS-COMMUNITY CENTER
SAND-PARK MAINTENANCE
PLATE COVER•EOMIPTAT MAINTENANCE
SUCSCRipilem-ELANNING DEPT
sHARi ,EN 7 BAN1 BLADES-CONNUNITY CENTER
REPAIR GENBRATOR-EPUIPMENT MAINTENANCE
REFUND BUILDING PERMIT
VOLLEYRAIL OFFICIAL/FEES PAID
REFUND IDM DEPOSIT
-BERVIEE-CARDINAL CREEK 3RD ADDN/FLY1N6
-CLOUD ORIvE/NORSENAN INDUSTRIAL PARK/EOULAND
ROAD TEASIBILITY/FRAIRIE CENTER DRIVE
MARLIR 1,11-EO5I111)NI MAINTENANCE
REFAIN TAN-LIQUOR SIORE
51511101 -Nil DEPT
PLAMOUNO BIROcINBE-VARK NAINTENANCE
NORNEST LANK talS NA
7' tI9 NORBEST BANK MPLS NA
17620 OFFICE PRODUCTS OF MN INC
17621
SIEVE OLSTAD
17622 MIKE PAUL ELECTRIC INC
17623 PEPSI /7-UP BOTTLING CO
17024 D C PETERSON DOOR CO
17625 PETTY CASH-PUBLIC SAFETY DEPT
17626 PHOTO QUICK
17627 PITNEY BONES
POMMER MEG CO INC
729 PRAIRIE ELECTRIC COMPANY INC
I77.0 PRIOR LAKE AGGREGATE INC
1 7 6:v.1 POOP & METER SERVICE INC
DUINIAN POPLISOM CO INC
RN 8 SPECIALTIES INC
631 ROGERS SERVICE CO
KEN RANNaN
I76 FRED RO,ZAVI
kF.NOLDS PRINTING INC
176:,13 IlluE-CARROLL-huLLER ASSOC INC
.r 79 ROAD MACHINERY t SUITLUS CO
40 I,OLNL
YI 11 SITU uNIVLB3I1Y
11642 ST GENX RI(1.1AIICN CO
23.?.
1C. Ii
319.,1;
13489.00
117.0 ,
113.U:
1532.4;
77.72
76576.50
222.2i
25. 7N
60.E
5413.6:
10.60
04.00
,
•
4595.8:
110518.7 ,
2437.Y
117.2
652200.U.
2701.71
178.0.
104.7'
2276.2:
35.6 -
32.A
36.o:
106.{-•
100.(.•
150.0 ,
1000,k,
18341.1
15.7 0
22,.
149.1-
94.1'
1461c71:1
2:77:q
17643 ST PAUL BOOK 1/ STATIONERY CO
17644 ELIZABETH SAUEEN
/711i5 ERIC SAUGEU . Iv JOHN SCHEIDERICH
17647 RICHARD W SEEGER
17648 SETTER LEACH & LINDSTROM INC
17649 SIMER PUMP COMPANY
17650 B08 SKINNER
17651 N GORDON SMITH CO
jr.93
14%694
17652
17653
17654
17655
17656
17657
17658
17659
17660
17661
17662
17663
17664
17 665
17666
17667
•68
17670
17671
17672
17673
17674
17675
17676
17677
17678
17679
17600
17601
17682
17683
17684
17635
17606
17637
17650
17609
17690
17691
17692
SNAP ON TOOLS CORP
SNYDERS DRUG STORES INC
SOUTHWEST SUBURBAN PUBLISH INC
SPECIALTY SCREENING
SUBURBAN CHEVROLET
SUPPLEE ENTERPRISES INC
THOHAS-PATCO COMPANIES
WESTERN LIFE INSURANCE CO
PHYSICIANS HEALTH PLAN
MEDCENTERS HEALTH PLAN INC
GROUP HEALTH PLAN INC
FRANCIS DYE
JENNIFER BARBER
RALPH KRATUCNVIL
BEER WHOLESALERS INC
CAPITOL CITY DISTRIBUTING CO
CITY CLUB DISTRIBUTING CO
COCA COLA BOTTLING CO
DAY DISTRIBUTING CO
EAST SIDE BEVERAGE CO
KIRSCH DISTRIBUTING CO
PEPSI/7-UP BOTTLING CO
REX DISTRIBUTING CO Irc
ROYAL CROWN BEVERAGE CO
THORPE DISTRIBUTING CO
LANG PAULY & GREGERSON LTD
RICHARD BEEN
PLAYWRIGHTS CENTER
COCA COLA BOTTLING CO
TOLL COMPANY
TorN z, COUNTRY PEST CONTROL CO
UNIFORMS UNLIMITED
UNTIED LABORATORIES INC
UNIVERSITY EXTENSION
VALLEY INDUSTRIA! PROPANE INC
VAN RATERS & ROGERS
VAUGNNS INC
VESSCO INC
VICOM INC
UDEOTRONIX INC
VIKING LABORATORIES INC
WATER MOONS CO
WEED KING
DEFICL remanr-uummo DEPT
VOLLEYML OFFICIAL/FEES PAID
VOLLEYS/1L OFFICIAL/FEES PAID
FIREMAN CALLS
FIREMAN CALLS
SERVICE-HEW CITY HALL
PUMPS-VI RE DEPT
VOLLEYBALL OFFICIAL/FEES PAID
-CHONE/SPAKE, PLUMS/PELTS/ANTIFREEZE/FLOOR
-DRI/WIRE/ERACE LINES/WHEEL CYLINDERS/BRAKE
SHOES/REGULAR FUEL
SMALL TOOLS-STREET GARAGE
SUPPLIES-POLICE DEPT
EMPLOYMENT ADS-COMMUNITY CENTER
3" NUMBERS & LEITERS-POLICE DEPT
1935 CHEVROLET S-ID BLAZER
SUPPLIES-LICUOR STORE
AMBER LENS-WATER DEPT
INSURANCE
INSURANCE
INSURANCE
INSURANCE
REFUND-SEATING CLASSES
REFUND-SKATING CLASSES
INSTRUCTOR-EXERCISE CLASSES/FEES PAID
BEER.
MIXES
BEER
MIXES
BEER
BEER
DEER
MIXES
BEER
MIXES
DEER
OCTOBER 84 SERVICE
SERVICE-COMMUNITY SERVICES/FEES PAID
SERVICE-COMMUNITY SERVICES/FEES PAID
MIXES
WELDER-BARK MAINTENANCE
SERVICE - SENIOR CENTER NOV 14 SERVICE
UNIFORMS - POLICE & FIRE DEPT .
CLEANING SUPPLIES - WATER
CONFERENCE - ENG DEPT
GAS CYLINDER - COMMUNITY CENTER
CHLORINE - WATER DEPT
FLAGS - POLICE DEPT
BEAM SCALE-WATER DEPT
SERVIEE
CCTV SECURITY EQUIPMENT - POLICE DEPT
CHLORINE - COMMUNITY CENTER
VALVE/CO2FIENOEN-WATIR DEPT
KEEP CUITINO FARE MAINTENANCE
929.T'
262. I
140.0,
56 43. 74
70.0 ,
50.0-
3638.7E
143.01
21.27
72.00
98.0 ,
12432.5 ,
17.40
350.00
11807.3Y
5024.50
2019.73
24.00
14.0V '
35.00 •
1353.(0 ,
189.
8882.11:
2993.M7
5253.6E
407.11i
325.0
151.0 ,'
9310..H
12634.1-
25.(,
125.E
303.2
60.0,
340.3•
427.7:
300.0
245.E
363.E.
57.1,
2073.V ,
o36n.o.
C27.0•
120.1
101.v-
10243431
2:7')
17695
17696
17697
17698
1/119
17701
17702
17703
17704
17705
17706
17707
17708
17709
17710
17711
17712
17713
17714
17715
17716
17717
17718
17719
17720
17721
17722
17727,
425
17726
17727
WENDELL'S
SANDRA r was
WEST HELD
WESTPURNE SUPPLY INC
VESTER;4 CHEMICAL Co
STEPHEN J WHITE
WINGFIELD PERFORMANCE ENGINEERING
XEROX CORP
WILL M YONEDV1CH
ZEE MEDICAL SERVICE
ZIEGLER INC
BROWN 0 CRIS INC
S M HENTGES 0 SONS
RICHARD KNUTSON INC
NORTHDALE CONSTRUCTION CO
NORTHDALE CONSTRUCTION CO
NORTHDALE CONSIRUCTION CO
110011/DALE CONSTRUCTION CO
OPUS CORPORATION
CHAFER CONTRACTING INC
SHAFER CONTRACTINO INC
BLOOMINGTON LOCKSMITH CO
EAU CLAIRE COUNTY
EMERSENCY MEDICAL PRODUCTS INC
GENERAL COMMUNICATIONS INC
GLIDDEN PAINT
HANSEN TI/ORE PELLINEW OLSON INC
HE//N CTY-SHERIFFS DEPT
WAYNE JOHNSON
PETTY CASH - COMMUNITY CENTER
ACRO-HINNESOTA INC
AT & T INFORMATION SYSTEMS
EMPIRE-CROEN AUTO INC
17720 ROGER A LUND
17729 LOG'S
17730 MINNESOTA GAS CO
17731 MORTHNESTERN DELL TELEPHONE CO
17732 NORTHERN STATES POWER CO
177:3 OLSEN CHAIN 0 CABLE_ CO INC
17734 DON ROCERS WELL
17/35 SEARS ROEBUCK 0 CO
17736 INN CITY OXYGEN CO
17737 7EP MANUFACTURING CO
17738 0001 STOAT DEPT OF CONFERENCES
17739 INTERNATIVAL CONE OF BLDG OFF ICI
16 7 29 VOID OUT CHECK
1.,3513 VOID OUT CHECK
17 .A0 VOID OUT CHECK
117926311
RED RIBBON - PRAIRIE CENIER DRIVE
MILEAGE - COMMUNITY SERVICES
CLAMP - PARE MA:NT/MELDING RODS-EQUIP MAIN
EVUIPMENI PARTS - COMMUNITY CENTER
CHEMICAL - WATER
EXPENSES - POLICE DEPT
AUTOMATIC TRANSMISSION - STREET DEPT
SERVICE
REFUND EMIT LICENU INVESTIGATION FEE
101 AID SUPPLIES - WATER & COMM CENTER
INNER TUBES - ENUIPMENT MAINTENANCE
SERVICE - CARMEL ADDN
SERVICE - CO RD 1 - WATER SYSTEM
SERVICE-ANDERSON LAKES PARKWAY
SERVICE - EDEN RD 0 SINGLETREE LANE
SERRVICE - NORSEMAN IND PK
SERVICE - LAVONNE IND PR
SERVICE - PRAIRIE CENTER DRIVE
SERVICE - FLYING CLOUD DRIVE
SERVICE - PRAIRIE CENTER DRIVE
SERVICE - PRAIRIE CENIER DRIVE
DUPLICATE CAR KEYS - POLICE DEPT
WITHHOLDING PROM EMPLOYEE PER COURT
MEDICAL SUPPLIES - POLICE DEPT
RADIO REPAIR & PARTS
PAINT - P/S BLDG
SERVICE
RADIO RENTAL - ryLicE & FIRE DEPT
EXPENSES - P/S BLDG
EXPENSES - COMMUNITY CENTER
OFFICE SUPPLIES
SERVICE
-PAINT/WAX/VACUUM PUMP/HEAD LAMPS/WIPER
BLADES
HOCKEY OFFICIAL/FEES PD
NOVEMBER 84 SERVICE
SERVICE
SERVICE
SERVICE
SUPPLIES-FORESTRY DEPT .
DRILL NEWATELL-SENIOR CENTER
BLINDS-MANAGER 0 BUILDING DEPT
OXYGEN-EQUIPMENT MAINTENANCE
CHOKE 0 CARBURETOR CLEARER-EQUIP MAW'
SCHOOL-POLICE DEPT
FEE-POLICE DEPT
21.0
214./
21..
5049.o
10.'
500.(.
151.5'
40.0
61193.9
111361.'0
195452.#,
65424.41
58305.1
19721.t.
13466.('
95087.i.
131145./:
387259.:':
43.!n %
4.0 1:
86.20
115.3,
33.9
6478.7'
113022. So
83,P
453.9
21.6'
10075.7 ,
156.L
4031.9.
26.3,
77.4
250.0.
12634.Y.
$2034249.4
2.0 1
Mayor and City Council
Sandra F. Worts, Recreation .picevisor •
C/14
MEMORANDUM
TO:•
FROM:
DAM December 12, 1984
SURJLCT: New Members for Restoration Committee
Due to some resignations there have been two vacancies on the Restoration Committee.
The Committee has found two individuals interested in filling these positions. They
are Frank Cardarelle, a member of Eden Prairie's business community, and William
McNeil, a resident of Eden Prairie. Both of these individuals have an interest in
the restoration of the Cummins-Grill Homestead and some personal background in the
restoration process.
The Eden Prairie Restoration Committee recommends the appointment of these two
individuals to the Committee, which would bring our complement of members to nine.
SFW:md
NOVEMDER 27, 1984
TO EDEN PRAIRIE GI EY GOUNC IL
FROM: DouciL f.1/1',0 IA ACP 11(!!!!!LE DR. , E. P. • MN. 55::144
SUN : RFS I DEN I 1AL lilt 1E;Th COLLECT ION CON) RAC r
I HOLII 0 LITE n tt;hr will -1HE: c 1Y OF EDEN PRA IR 1:1L PO LIU IL'
BID FOR A RES I DI. El I 111 1111.1E: 1311 LEE'! ION CONTRACT. 1 HE REASONS
I- OR FAE: NG HiS(-O.; 11111 (1;1: ou FL "NED DEL ow;
A ) ROADS. REFUSE. IPU IPMFH 1 DOES MORE DAMAGE To RESIDENTIAL
STREE (Ti THAN ANYTHING ELSE. SOME PEN I DE N I I AL STREETS HAVE AS
MANY AS F FYI: D It ET.F.1141 REFUSE TRUCKS ON THEM EVERY WEEK IF ONLY
ONE HAULER WERE AL L DULA TO cot 1 FCH REFUSE • THERE WOULD ONLY BE
ONE TRUCK ON ANY 01 VFW ST FEET EACH WEER THUS CAUS I NB AS LITTLE AS
20 '4 OF THE CURRENT DAM-VIE.
B ) SAFETY AND CLEONL I NESS . RIGHT NOW IN EDEN PRAIRIE.
REFUSE SETS AT THE CURD EVERY DAY OF THE WEEK IN SOME
NET GHBORHOODS, EVERYTHING FROM PLAST IC BAGS TO HALF! DESTROYED
CANS W I TH Ni) LOVERS 10 NEAT!, WELL KEPT CANS (BOTH METAL AND
ELASTIC) ARE ON THE ST REETS. !THIS IS NE I THEE SAFE NOR SAN TARY
EDEN PRAIRIE Ci TY LODE SECT ION 9.01 SUBD. 2 ( A) IS A VERY GOOD
CODE. I I IS THERE TO VEER 1HE Cl TV SAFE AND HEALTHY. IT IS
HOWEVER , IMPOSSIBLE 10 LNEORCE . THERE ARE: JUST TO MANY HOMES TO
GO TO EACH ONE AND TELL 11-1E-11 THEY CAN KICH PLO GARD('16E ON THE CURB
IN FLEET IC HAGS OR 10 f OEM: REOFEE TO KEEP FELW INC; COVERS I" FIR
THE IR CANS ETC. I I WOULD DE A LI TIRE LAS I ER UNDER SOME
CONDITIONS TO FNKUUCE OTIS CODE IF ONE PRIVATE HAULER HAD THE
CONTRACT FOR THE ENTIRE CITY. REFUSE WOULD ONLY BE OUT ON ANY
GIVEN STREET ONE DAY EACH WEEK. ANIMALS AND CHILDREN WOULD NOT
BE ABLE TO SC(YTTER RFKUSE FIVE DAYS PER WEEP. IT WOULD BE
CLEANER AND SAFER!
C) DIRECTINO EFFUSE. WITH SOME FORM OF WASTE TO ENERGY
HORNING U ACIAA y c,1\11.) A RE:CYCL IMO PROGRAM DOT H EMINENT A CONTRACT
0111_11.0 MAKE T. T 0ER V rnr;1' FOR 1 HE CI TY D I RECT THE REE
GENERATED BY EDEN PRAIRIE RESIDENTS TO SUCH FACILITIES. THE CITY
;:441111.1!) PLAN NUW 11.1 MAKE: HAE TEAHS T ION FR011 A L. ANOE ILE 1 0 A
RE:SO:1 107E EEC Foc Li TY OS `..-11101.1 .111 AS FOSS! DI. E FOR THE CITY
AND THE HAULL!'':,,
DI OEHERAIL REVEN1F. HOMEOWNERS ORE CHRREKHLY PAYING AHOUT
$ .1. 50 ('IF-C HON111 1+11K1E COI I FC I ION. ON A BED BASIS, 11 5110111 D
ONL Y COST ADAH f 00 pr4; MONIM I CI I Y 1..411111LO HAKE FUR II IER
Lsr: OF 111E IR 11 0 1 1 1 1 1,'.1.; 100 I CI •I CI _Y IRE:PANES NA I ER AND HI 111
(:lH1S) Dl" 110011,1.1 LTTUDT CEILLECTION. OTIS WOULD PRODUCE SEVARAL
DES TEED RI. `,1.1(
I) 1H1.-!. TA II, kV DAINU THE DILEINS, COULD HAVE THL HAULTR Cl
i;r41AF DEAL t11- rrir AND MONLY NOFN Al 110- SANE TINE IT WOULD
'1)111/P 511/I' I 1111F I' LENRE, IF (NY, OF C 1.1 V F..; .
2 )
III). 1111 1 1 1 6 Tr! kri 1 1.7. (111`.11 PER 14UH).. :P. 111.114 TH NCIE1
C,111) It IF AI '1'1J1 X 11.1A 1 I 00 Pt. HONE- PEI mokui t 1-(111) UNDER A
1_1.11111:A1 :T 1.10111.0 '.;.01111 VETII UP 1HI Lii Y. 111113 WOUT. D HOT 1.1E
r 1.1 'II 11 1 )1 II k III 0111)1 ilL IA X < LEFT.C .11'.!E /::02; III1-
WOULD itiiitiIti i1.11 NO SUL IRCE OF VENUE 10 'T 11E C TY
CURRE-1 .411Y lilt 1 CT. 041.:1. 0101.11- H „ Au() 1 ,10111_.i [N EIDELN PRA 1.1 ,:1 . $1 .
l'ER 11011E PI.-1; MON11 I, HE CI TY WOULD GENIRA IL (tIt_IIIT %144, 00(i . AO IN
111\11.1UAL PLVENI.11- ONT Y ILI UD 11..111.:R AS 1`11)1 ,1.1 AND titlE HUMF.:S ORE
DU I L .
E) CITY 1.0111 0 ASSURE 1H AT HOMEOWNERS ORE NOT PAY I MO MORE
T HAN NI IF AlV f1k DOUR 10 FEES . AS WE MOVE INTO RESOURCE
RECOVERY FOC I 1..11 [ES ( WHICH WILL DE SOON ) THE DUMP I NG FEES WILL
VERY OU I CF.1.Y BECOM ODT OF CONT ROL. AND THE HOMEOWNER HILL HAVE TO
CARRY TkE DUR1)EV. IN I DOR OF N I 31 1 01 MINI MI ED . A GOOD
E )(AMPLE OF TH1 W6S rN,J ,JENILD TO THE ST LOUIS PARK CITY COUNL IL.
ON MONDAY NOVEONQ 1Y 1 W4 THE HAULER IN ST. LOU IS PARK
INE .ORMED T HE CITY 51 ArF 1140I Si ATE, COUNTY AND CI TY OF EDEN
PRA I R IL [01,101 lI L TA X ES WITT COST THEM $ . 90 PER HOUSE PER MONT H
AND THEY NEED AN 1 NCRL A THE: TRUTH IS THAT 1 T ONLY COSTS THEM
$ 113713 PER HOUSE PER HONTH. BECAUSE s t. LOU I S PARK HAS A
CONTRACT, THE HAUL1-.:R MUST A51: 10E CITY FOR AN INCREASE. CITY
STAFF HAS TINE TO VERY CAREFULLY CHECK INTO MATTERS SUCH AS THIS
BEFORE Al OW HAULERS TO TAKE ADVANTAGE OF THE PEOPLE TO
INCREASE THEIR movtls DY AN UNREASONABLE MARGIN. LIKE I SAID
EARLIER, THIS WH1. ONLY nor NORSE AS WE START PAYING UP TO *69.00
PER TON TO DUMP AT A BURNING FACILITY AMMPARE0 'Ni ONLY ABOUT
$9.00 PER TON TO DUMP IN THE EDEN PRAIRIE LANDFILL NOW.
) THE C I TY SHOUI....0 [FT D I DS. ON A ti YEAR AND 10 YEAR DAS I S
MERE COULD DE A LARUE- D 1 FF Lkt OCE IN COSTS TO CITY RES I DENTS AND
III REVENUE TO I C I TY DURING .111E LAST ti YEARS OF THE CONTRACT
DISTI1011'10 ON WHAT 1105 ARE 5LIDM Ill ED FOR CONS I DEW/IF i ON.
AM E3L1RE THE I-_I TY Nr..411.1.) FIND MORE REASONS 10 GO TO (I SiNGL..li
;VI AlVE.: 110111 H liii Hill 11.1 IF 1. 001 ,:TE I) AT CARE 1111 LY A CONTRACT
WOOL D HELP 1 P.-.111) ! NT- OR AT cowl kot. INOlItIASES FUR ThE.
110MIONI‘J,ERS 1511541 OF ra sn ni 1 ESS DAHOEF TO CITY STRIFE IS, DE
11110 SA1 - ER ArlD IHE '-4'n 1.11.: 1111E. CENE1 A IL ADOLII $144, 000 . 00
1.1 S I X 11-11 ,,OUGH -1 EN OE 3111:1-1 A CONIRACT
Nukt7. iTh11 ,11101_1_1 WITEN THE_ Li TY CA 1 ,1
OE -HERAT E. 11110 11 4::1-+ CV VI , Hi III) 1 - Hi on 1010R14AI .lrsiG TAXIS) LW .<
CAIIS NG 1HE RI (-) HORLH 1110W 111Ev ()W.= 1 ,11114 ON MORE 14-16N
THEY Ill I11111 .1) I 01 ,. IA t 1..EL 1 I ON, II 111.101 1*(1-. LOCMED CAI n LT !
IHANI. YOU FOR 41 ilL :011JTIL. CONSIOMATION tEl THIS MATTER!
1 I V,
0 1
C°.
itt 15. It'll I im„
1',15 1 1 -1 ) „ oH. 4 i 1 e-4 4
N 1 NI 14 , ;
MEMO R .ANDUM
TO:
THE MAYOR AND MEMBERS OF THE EDEN PRAIRIE CITY COUNCIL
FROM:
THE EDEN PRAIRIE CHARTER STUDY COMMITTEE
DATE: DECEMBER 7, 1984
Attached is our final report and recomnendations to the Mayor and City
Council of Eden Prairie on the current advisability of pursuing Home
Rule Charter in place of the Statutory Plan B form of government now
used in the City of Eden Prairie. All of our Committee members
unanimously support the conclusions expressed in this report.
We began our study in March, 1984, at the request of Mayor Penzel and
the City Council. While Committee members agree that the Committee
has researched all sides of the Home Rule Charter issue and agree with
the analysis, members are also aware that because Eden Prairie has a
relatively small and homogeneous population, it is easier to
' administer and manage than cities which have a larger population base.
This report shares our findings about our current City government, our
understanding of what a Home Rule Charter means, and presents pro
forma conclusions as a result of the Committee's baseline data
analysis.
We thank you for the Opportunity to participate in this effort and
hope you will feel free to call on us in the future, if and when
necessary, to help make Eden Prairie a better place for us all to
live.
Ruth Charchian, Co-chairman
Julianne Bye
Richard Feerick
Daniel Foth
Willie Emry
Fred Hoisington, Co-chairman
Marty Jessen'
George Bentley, Councilman
Paul Redpath, Councilman
Carl J. Jullie, City Manager
Craig V. Dawson, Staff Liaison
Karen Michael, Recording Secretary
ii 1:i11)--
TABLE OF CONTENTS
Memorandum
Table of Contents Ii
Introduction 1
A Brief "State of the City" 3
Government Form 3
Present form of government 4
A Charter and the Role of the Charter Commission 5
Differences Between Statutory and Home Rule Cities 5
Charters 5
Charter Commissions 5
Council Size-Representation 6
Citizen Participation 6
Initiative, Referendum and Recall 7
Growth and Change 7
Advantages and Disadvantages 8
Advantages 8
1. Local Determination of Government 8
2. Recall of Elected Officials 8
3. lnitative and Referendum on Municipal Issure 9
4. Education/Participation of Residents. in
Local Government 9
9
9
9
9
9
10
10
10
10
11
12
Disadvantages
1. Performance of Current City Government
2. Lack of Additional Taxing Ability
3. Reduced Powers of Home Rule Charters
4. Loss of Uniformity of Municipal Law
5. Poorly-Drafted Charters
6. Charter Comnission
7. Special Legislation
Conclusions
Appendices
Results of Survey of Cities Having Adopted
Charters Since 1973
ii
INTRODUCTION
At the request of the Mayor of Eden Prairie and the City Council, the
Charter Study Committee was formed March 22, 1984, to study the
advantages and disadvantages of a Home Rule Charter and to formulate a
recommendation to the City Council on the advisability of the City
pursuing a Home Rule Charter.
The initiation of this introspective problem identification process by
the City Council without the usual citizen provocation is to be
commended. The Committee found that steps toward establishing home
rule are almost always initiated by a disgruntled citizenry where
there is a high degree of unhappiness with and/or distrust of the
existing governing body or administration over matters of taxation,
land development, or a variety of other issues. Adopting a charter is
an obvious way to correct existing abuses while providing for greater
citizen involvement and control over public policy.
Too often, developing a charter is done for the wrong reasons -
involving a single emotional issue which might better have been
resolved with improved communication. A charter that evolves in this
fashion is generally worse than the statutory provisions under which
the City of Eden Prairie now operates. Recognition by the City
Council of the need to continually reassess the state of the City in
the face of rapid growth will be important in averting the
confrontations that would precipitate a resident-initiated home rule
charter effort. The following represents conclusions reached by the
Committee with respect to specific areas of study.
Our approach to accomplishing our objective was to look at the issue
from three perspectives.
1. Is there a current need in the City to make a change in
the form of government?
2. What are the advantages and disadvantages of both Home
Rule Charter and Statutory forms of government?
3. How do both forms of government fit the 1984 context of
City government and City need?
Our research and analysis over a nine-month period included the
following resources and tactics:
Interviewed Mayor Penzel, Council Members Bentley and Redpath,
City Attorney Pauly on the current state of the City to
determine the need for a change in government format.
Reviewed material from the League of Minnesota Cities
(Handkonk for Minneota Cities, "Home Rule Charter Commission
Procedore", "Principles ag Probleins of Charter Making",
"Advantages and Dicadvantages of Home Rule Charter", "A Model
Charter for Minnesota Cities") for background information.
Reviewed the Majority/Minority Reports from the Charter Study
Committee in the City of Burnsville to understand what our
peer community found in its analysis of Home Rule Charter.
Igterviewed Julianne Bye on the experiences she had in writing
a charter in a city in Montana to gain an understanding of the
Impact of implementing a charter.
Surveyed and compiled results from a questionnaire sent to
some thirty 'cities in Minnesota which have adopted Home Rule
Charters since 1973.
Invited two guest speakers to discuss their perceptions of the
effectiveness of Home Rule Charter. They were: Counsel for
the League of Minnesota Cities and the former Chair of the
Minnetonka Charter Commission.
Appointed a subcommittee to review the data gathered and
report to the full Committee on the pros and cons of
implementing a Home Rule Charter in Eden Prairie.
This report, therefore, continues with an outline of our
recommendations based on our analysis of the current need, our
understanding of Home Rule Charter and Statutory forms of government,
and the implications for the City if it were to change its form of
government at this time.
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A BRIEF "STATE OF THE CITY"
Eden Prairie's major assets include its being a beautiful suburban
city nestled in a rural setting. The City has excellent city
services, a• good school system, participatory City government, and an
excellent financial base. A number of companies have their corporate
headquarters in Eden Prairie.
These assets make Eden Prairie a great place in which to live.
However, these asset- create Eden Prairie's major problem --
growth. Folks like Eden Prairie; they want to move here. This
creates demand for more housing, commercial, and commercial/service
development. All of this growth could threaten Eden Prairie's status
as one of the best suburbs in which to live in the Twin Cities
Metropolitan Area.
Growth and how the City deals with it are our challenges for the 1980s
and 1990s.
1984 finds Eden Prairie as one of the fastest-growing communities in
the Twin Cities Metropolitan area. Between 1980 and 1984 the City's
population has grown 40 percent from 16,263 to 22,500; its households
have increased in number 30 percent from 6,220 to 8,200; and taxable
assessed valuation has skyrocketed from $119 million to $270 million -
- a rate over 150 percent greater than inflation during this period of
time. These rates of growth have remained relatively consistent and,
if anything, appear to be increasing from year to year. Current
projections estimate a population of 33,500 in 1990, and 60,000 to
80,000 persons when the City is fully developed early in the next
century.
Given this long-term outlook of substantial growth and change within
the City of Eden Prairie, the Charter Study Committee considered
whether the statutory basis of authority would provide the community
with the tools and wide range of authority needed to govern and manage
its physical and social development.
GOVERNMENT FORM
In an ideal sense, drafting a home rule charter offers a great deal of
latitude for creating a unique form of government that is tailored
exactly to the needs of the City. In practice, there are just four
forms of government used by home rule cities in Minnesnta (weak mayor-
council, strong mayor-council, council-manager, and commission). The
weak mayor -council and council -manager forms are those predominantly
selected by hol.:w rule cities because they have a proven track record,
are easily understood and can be fine-tuned to meet the specific needs
of any community. nile it might be interesting to try a
confederation of neighhorhoods or other new approach, no city in
Minnesota has relegated more than advisory powers to its sub-units.
Most such variations can, of course, be accumnodated within the proven
forms outlined above.
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;)
Present_form of government: The City of Eden Prairie is presently
incorporated in accordance with the statutory Optional Plan B form of
government. Plan B is also known as the "Council-Manager" plan. The
elected City Council consists of a mayor and four council members.
All policy becisions and legislative activities are the responsibility
of the Council, but administrative duties are delegated to the City
Manager. The Manager, who is hired for an indefinite term by the
Council solely upon training, experience, and administrative
qualifications, is strictly accountable to the Council for the
effective administration of City business in accordance with Council
decisions.
Minnesota statutes provide a fairly clear demarcation of the
responsibilities and powers of the council and manager. The Council
has authority in policy and legislative areas and direct authority in
only one personnel matter -- the employment of the city manager.
Council members are prohibited from dealing with or controlling any
administrative person who is subordinate to the manager. They are not
prohibited, however, from obtaining information pertaining to city
business from employees other than the manager. Statutes identify
eight specific duties of the manager and provide that State laws, City
ordinances, and Council resolutions may confer additional duties.
Under statutory construction, cities are generally limited in their
powers to those defined by State law. For example, the number of
persons serving on the council is limited to five with representation
on an at-large basis. Special legislation or adoption of a home rule
charter would be required to change the number of persons comprising
the Council. Similarly, statutes do not expressly allow cities to
have initiative and referendum; this process also could be
accomplished only through special legislation or by charter provision.
Interpretations of statutory powers generally follow Dillon's Rule and
its corollary: Cities can do only what acts of law allow, and those
issues to which the law is silent are not within the authority of the
Council.
As a Plan B Statutory City, Eden Prairie already operates under one of
the two most popular forms of municipal government (council-manager).
While greater local control might be desirable, the Committee could
find no reason to modify the current form used in Eden Prairie at this
time. In fact, it found that the loss of uniformity of municipal law
with other statutory cities could be a real disadvantage especially in
cases involving litigation. The precedents established for and by
other statutory cities would not necessarily apply to home rule
charter cities.
While a charter can provide for improved checks and balances over the
City Manager's activities, the Committee found no significant abuses
of authority nor any problems associated with the conduct of the
Manager's duties that would warrant improved checks and balances now
or in the future.
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A CHARTER AND THE ROLE OF THE CHARTER COMMISSION
Dtfferences Between St.atutory and Home Rule Cities: The major differ-
ence betwegn home rule cities and statutory cities in Minnesota is in
the kind of enabling legislation under which they have been
incorporated. Statutory cities derive their powers from Chapter 412
of the Minnesota Statutes. Home rule cities obtain their powers from
a home rule charter. The distinction between home rule cities and
statutory cities is essentially one of organization and powers.
Another important distinction between the two types of cities is that
all statutory city powers are the result of action by the Legislature
directing or authorizing them to do certain things. In the absence of
such authorization, statutory cities have no power to undertake
anything. By contrast, home rule charter cities can exercise any
powers given to them by their locally adopted charters which are not
in conflict with State laws of general application to home rule cities
on the same subject.
Charters: Charters are, in effect, local constitutions passed by
Tl voters. State laws allow a wide range of discretion to cities in
adopting charters. The charters may provide for any form of municipal
government, subject only to the requirement that they must be
consistent with State law where it applies uniformly to all cities in
the state. Charter language may be broad and simple or narrow and
.specific. A good charter should be simple to understand; provide a
simple, workable, responsive organization for city government; and
provide a comprehensive grant of power to the city in general terms.
A charter should be concerned with the organization, administration,
and powers of the city; such issues as civil liberties of residents
are granted by the State and Federal constitutions.
Charter Commissions: Home rule charters are drafted by local charter
commissions and approved by local voters.
A charter commission can be formed by the chief judge of the State
district court by one of three ways:
1. Upon receipt of a petition to appoint a Charter
Commission signed by at least ten percent of the number
of voters in the last City election, the judge must do so.
2. If the City Council, by resolution, requests the
appointment of a Charter Commission, the judge must do so.
3. The judge may appoint h Charter Commission without
waiting for a petition or resolution. This procedure is
seldom used unless some interest in the City is shown.
The only requirement for Charter Commission membership is that an
appointee be a qualified voter of the City.
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tv)
Charter commissions are solely responsible for the final draft of the
charter to be put forth to the voters. They may seek advice from a
variety of sources, including the City Council; however, none of those
entities consulted must approve the final draft before it is put to
referendum.
Charters may be amended in a number of ways. The process primarily
consists of proposals by the city council or charter coamission;
approval by a majority of the commission and unanimous vote of the
council (in which case the charter may be amended by ordinance); and
without these approvals, amendment by referendum with the city council
responsible for the wording of the ballot question. Amendment may
also be initiated by petition of at least five percent of the number
of voters in the last State general election in the City.
The powers and responsibilities of the charter commission itself, and
the commission vis-a-vis the City Council, are clearly stated in the
Minnesota Statutes. If a charter is pursued and adopted by the City,
it will be presided over by a court-appointed Charter Commission which
is, in essence, another layer of government. While this will increase
resident participation (an advantage), the mere existence of the
Commission suggests a need to tamper continuously with the charter.
COUNCIL SIZE-REPRESENTATION
A charter would allow residents to decide the size of the City Council
and how it would be constituted. While a larger council could be
created by charter to broaden representation, the number of council
members can, in fact, be changed (from the current five) by special
State legislation under the present system. On the other hand, only a
charter would permit the creation of a ward system where the city
- would be divided into districts and representatives elected in each.
The Committee concluded that the present system of electing council
members at-large can best serve the needs of a city with Eden
Prairie's homogeneous character and that presently a charter would
offer no advantages in improving representation and accountability.
CITIZEN PARTICIPATION
In government as a whole, traditional citizen participation is a
diminishing influence at the same time that issue-oriented citizen
participation is on the rise. It seems that few residents are willing
to spend the effort necessary to work along organizational lines.
Controversial issues tend to bring people out of the woodwork.
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The question asked by the Committee was whether a charter might
require citizen participation where it should be, but is not now,
allowed or encouraged. The Committee's conclusion was that citizen
participatign is already at a considerbly high level in Eden Prairie
and that any deficiences which may exist are not so significant as to
require charter provisions. On the other hand, the Committee
concluded that the City should continue to strive for ways to better
communicate with and bring residents into the decision-making process
on a more regular basis,
INITIATIVE, REFERENDUM AND RECALL
Initiative and referendum, not available to a statutory city, give
residents a vehicle to change public policy. Recall provides
residents with a means to remove members of the City Council at times
other than regular elections. All provide for increased citizen
involvement in public policy matters.
While the Committee very strongly believes in and advocates citizen
participation, it is extremely concerned about the impact single-issue
groups can have on the decision-making process given these tools.
Well-conceived decisions that are made in the best interests of the
City as a whole could be overturned by a minority special-interest
group which is interested primarily in one issue and is often
neighborhood-specific. Of course, bad decisions by entrusted
representatives based on special interests can also be corrected by
the public with these mechanisms in place.
The Committee concludes that there have been no abuses of the
decision-making process to warrant institutionalization of these
vehicles. In the interest of governmental stability, and with the
absence of abuses, the Committee concludes that efforts to better
communicate with and involve the public in the decision-making process
be considered as an alternative to initiative, referendum and recall.
GROWTH AND CHANGE
One of the most important questions asked by the Committee was whether
Plan 8 in any way constrains the City in its ability to deal
effectively with rapid growth. While some greater discretion might be
possible in the area of special assessments, the Committee concluded
that unless the laws of the State are changed to create a disadvantage
for Plan P cities or a distinct advantage for homt , rule cities, rapid
growth could not be more effectively handled under a charter than
current statutory authority.
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Prior to 1973 there was considerable incentive in greater taxing
discretion to become a home rule city. Laws passed since that time
have substantially eliminated these advantages. While a charter could
provide for increased checks and balances in the budget process, the
Committee concluded that no abuses are evident and increased public
exposure to the budget process could be accomplished within the
present governmental framework. The Committee found no advantages to
be gained through a charter in this area.
The Committee concluded that public services are currently very
adequate in Eden Prairie and could not be improved by the creation of
a charter.
ADVANTAGES AND DISADVANTAGES
Charter Study Committee members have reviewed literature, listened to
a number of speakers, and had extensive discussions among themselves
about the relative merits of home rule and statutory cities. As could
be expected, neither system has a set of clear advantages or
disadvantages which would make one clearly preferable. Presented
below is a summary of advantages and disadvantcges which accompany the
home rule charter system.
Advantages
1. Local Determination of Government
The charter may be drawn up locally, in the open, by the
residents of Eden Prairie, and must be adopted by the electors
themselves. It would provide the form of government and the
range of local powers and functions which the people desire it
to have, whereas the statutory form of city government is
continually subject to the acts of the Legislature. To change
any of its present powers, the City must apply to the
Legislature for the enactment of a statute. A charter is
subject to general action of the LegiSlature applying to all
cities; nevertheless, the City is given the power to amend the
charter to fit its own need. The Charter Study Committee has
noted the Legislature has restricted the range of powers in
local charters and the flexibility between charter and
statutory cities has been narrowed. However, the perception
of local control and the self-determination is an important
feature of charter writing.
2. Recall of Elected Officials
State Statutes prohibit the recall of local officials. A
procedure for recall of officials can be established in a
charter.
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3. Initiative and Referendum on Municipal Issure
State law prohibits initiative and referedum on municipal
issties. Provisions for initiative and referendum can be
contained in a charter.
4. Education/Participation of Residents in Local Government
The entire home rule process is educational to all voters of
the City. Some are called to work on charter commissions; the
others must learn at least a little about charters and
amendments because they must vote upon proposed changes.
Experienced thus in local affairs, the people may become
better fitted to cope with state and national problems.
Disadvantages
1. Performance of Current City Government
Based upon the information provided to the Charter Study
Committee, the members believe our present City government is
working well. No one was able to present to the Study
Committee specific reasons for change or altering the source
of authority of government at this time.
2. Lack of Additional Taxing_Ability
The types of taxes and methods of application are specifically
established by the Legislature. Charter writing will not
increase our flexibility to determine our taxes.
3. Reduced Powers of Home Rule Charters
The Legislature has continually reduced the powers of home
rule charters. The difference in powers between statutory
cities and charter cities has been greatly narrowed. The
major difference is the ability to establish a city's own form
of government. Charter cities can establish the number of
council members, ward and/or at-large elections, and the
specific duties of city officials. As stated above, the
Charter Study Committee concluded that the present form is
functioning well and there is no evident need for change.
4. Loss of Uniformity of Municipal Law
The charter will in some cases replace and in others
supplement municipal law. Presently, the City can rely on the
precedent established by municipal case law to assist in the
interpretation of the law, and often use those precedents in
court cases. Because of the individuality of charters, the
precedents in municipal law are not entirely applicable.
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5. Poorly-Drafted Charters
It is.critical that the charter be properly drafted. The charter will
become the basis for legal opinion. Amendments can be made to the
charter but the process may be long. It may be difficult to write a
document that will withstand court challenges. There are very few
charter writing experts.
6. Charter Commission
State law establishes the procedure for adopting a charter. A charter
commission, which is appointed by the Chief Judge of the District
Court, has the responsibility to draft the charter and subsequent
amendments. As long as a city has a charter, it must have a charter
commission. It has been the experience of other cities that standing
charter commissions tend to "tinker" with their charters. Some
observers have opined that to justify a commission's existence,
unnecessary amendments are often proposed. The expense of maintaining
the charter and commissions, in terms of money and time, can offset
the relative advantages of the charter.
7. Special Legislation
Some certain cities have had experiences which suggest that it is
easier to change the State law than to amend the local charter. This
practice of changing the law at the State level rather than amending
the charter may allow special interests to circumvent the purpose of
having a charter; namely, that of having local autonomy.
CONCLUSIONS
In conclusion, the Committee is not unequivocally opposed to becoming a home
rule city. We do feel that this is the wrong time and that there are few
advantages to having a home rule charter given the current and near-term state
of the City. We fool strongly that the City government is working well and is
highly responsive to the needs of its citizens.
On the other hand, the Committee strongly recommends a periodic reevaluation
of this quostion at approximately two-year intervals. Changes in the law, the
state of the economy, the character of the City, and the composition of the
City Council may produce significant reasons and advantages to become a home
rule city in the future.
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APPENDICES
Speakers .
Roger Pauly, City Attorney, City of Eden Prairie
Wolfgang H. Penn'', Mayor, City of Eden Prairie
Stan Peskar, General Counsel, League of Minnesota Cities
Beverly Wales, Former Chair, City of Minnetonka Charter Commission
Survey
Tabulation of results for cities adopting or wholly revising charters
since 1973 (included)
Survey responses (on file)
Charters (on file)
League of Minnesota Cities Model Charter, 1977 edition.
City of Cannon Falls
City of Excelsior
City of Minnetonka
City of St. Louis Park
League of Minnesota Cities Publications (on file)
Ch. 4, The Home Rule Charter City", Handbook for City Officials,
League of Minnesota Cities
"Principles and Problems of Charter Making,", Revised January 1977
"Advantages and Disadvantages of a Home Rule Charter", revised Decem-
ber 1974
"Home Rule Charter Commission Procedure", Revised October 1974
"Option Plans of Statutory City (Village) Government", Revised August
1973
"The Pros and Cons of the Council-Manager Plan", Revised January 1966
Ig/7
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
THROUGH: CARL JULLIE, CITY MANAGER
FROM: ROGER A. PAULY, CITY ATTORNEY
SUBJECT: CITY OF EDEN PRAIRIE V. BARBAROSSA & SONS, INC., ET AL.
DATE: DECEMBER 13, 1984
Sometime after 10 p.m. on June 1, 1982, when the Eden Prairie
Water Treatment Plant was shut down, the backwash valve on filter
No. 5 opened on its own and drained approximately 131,000 gallons
of water onto the operating floor and down the filter room stair-
way and elevator shaft to the basement. The Public Safety Depart-
ment was housed in the building at that time. The Department
suffered property damages as a result of the spillage in the
approximate amount of $7,200.
This includes several items owned by a third party, which
were being held as evidence, in the amount of $1,526.74. The
City has not as yet made payment of that amount to the third
party; however, it may be required to do so in the future. In
addition to the property damage, Public Safety personnel devoted
time to cleaning up the premises and/or salvaging property which
became wet as a result of the flooding. This time is estimated
to be of a value of approximately $3,300.
We commenced litigation against the contractor who was
working at the plant at the time--Barbarossa & Sons, Inc. Their
insuror has offered to settle that litigation by payment of
$7,000 to the City. At the same time, Home Insurance Company,
the City's insuror, has indicated that it concurs in a settle-
ment of the Barbarossa litigation in that amount and will pay
an additional $2,478.51. (The City's insurance policy provides
for a deductible of $1,000.) While the total settlement may
not reimburse the City for all of the lost time, if the City
is required to pay the $1,526.74 to the third party, it will
reimburse the City for all of its hard costs and a substantial
amount of the lost time.
Because of the cost of further litigation, which would require
proof of loss and values of numerous items of personal property,
we believe the offer of settlement is a reasonable one and
recommend acceptance of the offer. This includes the $7,000
from Barbarossa & Sons, Inc., as well as the $2,478.51 from the
Home Insurance Company, for a total of $9,478.51.
RAP:cw
cc: Jack Hacking
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