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HomeMy WebLinkAboutCity Council - 09/11/1973 2,40,_ r ..1 EDEN PRAIRIE VILLAGE COUNCIL 4 TUESDAY, SEPTEMB ER 11, 1973 7:30 p.m.,Village Hall Cr ti'(( INVOCATION - - — PLEDGE OF ALLEGIANCE - - — ROLL CALL 14) COUNCIL MEMBERS: Mayor Paul Redpath, Joan Meyers, John McCulloch, _ cle) Wolfgang Penzel, Roger Boerger COUNCIL STAFF: Village Manager Robert P. Heinrich, Village Attorney Harlan Perbix, Clerk John Frame AGENDA I. MINUTES OF REGULAR MEETING HELD AUGUST 28, 1973. II. PUBLIC HEARINGS: A. Masters Condominiums by Weis Builders in Edenvale, request to rezone to RM-2.5 for the construction of two 6-story condominium buildings totaling 99 units at 13.4 dwelling units per acre. (Report attached) Action: First reading, Ordinance No. 234 granting rezoning to RM-2. 5 of approximately 7 acres for Masters Condominiums, or deny. B. Presentation of 1974 Annual Budget. 4 Action: III. PETITIONS,REQUESTS & COMMUNICATIONS A. Petition from area residents requesting change of speed zone on Co. Rd. 4 north of State Highway 5. (Letters attached) Action: Motion to receive and file. B. petition from Gelco requesting extension of utilities to the Gelco Anderson Lakes site. (Attached) Action: Motion requesting the Village Engineer to prepare a feasibility report for the extension of utilities to the Gelco Anderson Lakes site. IV. RESOLUTIONS &ORDINANCES A. Second reading, Ordinance No. 229, for Basswoods Forest rezoning from Rural to R1-13.5. Action: Motion approving Second Reading of Ordinance No. 229. B. Second reading,Ordinance No, 230 permitting cash contributions in lieu of land for public park use and open space consistent with the pro- - visions of 1973 State Statutes. Action: Motion approving Second Reading of Ordinance No. 230. Council Agenda -2- September 13, 1973 N. RSOLUTIONS & ORDINANCES (Cont.) C. Second reading, Ordinance No. 231 for Prairie East Planned Unit Development reclassifying approximately 21 acres from Rural to R1-13.5 for 41 single family lots. Action: Motion approving Second Reading of Ordinance No. 233. D. Second reading, Ordinance No. 232 changing street name of Atherton Road within Atherton 2nd Addn. to Chestnut Drive. Action: Motion approving Second Reading of Ordinance No. 232. E. Second reading, Ordinance No. 233 amending the ordinances estab- lishing the Planning Commission, Park and Recreation Commission, and Human Rights Commission. Action: Motion approving second Reading of Ordinance No. 233. F. Resolutions for Special Assessment Hearing: (available 9/11/73) Action: 1. Motion adopting Resolution No.764 declaring costs to be assessed and ordering preparation of Proposed Assessments. 2. Motion adopting Resolution No.765 calling for a Special Assessment Hearing on Monday, October 3, 1973, at 7:30 p.m. at the Village Hall. V- REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Village Engineer: 3 . Approve final plat of Atherton 3rd Addition. (Engr. Report & Ras.at.) Action: Motion adopting Resolution No.766 approving final plat of Atherton 3rd Addition. 2. Approve final payment to American Contracting Corp. Action: Motion approving final payment to American Contracting Co'r. for Improvement Contract 51-246, Sanitary Sewer Project 72-1-12 (Nine Mile lA Project)in the amount of$52,58130 less previous payments and subject to receipt of lien wnivr.r:; from all materials suppliers and subcontractors plus one Ire, maintenance warranty bond commencing September 13, . 3. Approve Change Order No. 2 and final payment to Peter Lang-'!? Construction Co. for Improvement Contract 53-245, sanit ; c' and watermain laterals for the 'Westgate area, Fuller Roar. Lincoln Lane. (Copy of Change Order No. 2 attached) Action: Motion approving Change Order No. 2 and final payment to Peter Lametti Construction Co. for I.C. 51-245 in t".' +�r„•:*.t of $310,838.70 leas previous payments and subject to receipt • of lien waiver from all materials suppliers and subcontractor's+ one year maintenance warranty bond oommenctng 9/11/73. V, D Council Agenda -3- September 1], 1973 V. REPORTS OF OFFICERS,BOARDS &COMMISSIONS (Cont.) A. Reports of Village Engineer (cont.) 4. Approve final payments to Orfei & Sons, Inc. for Improvement Contracts 51-242 and 51-243, sanitary sewer and waterrnain laterals for Section II (Franklin Circle, Edenwood Drive, North & South Hillcreat and Alpine Way)and for Section III (Rainbow Drive, Park Terrace Drive, North and South Lund and Oak Ridge Road.) Action: Motion approving final payments to Orfei & Sons, Inc. for I.C. 51-242 (Section II) in the amount of $713,442 .69 and for C.C. 51-243 (Section III) in the amount of $494,692.71, less previous payments and subject to receipt of lien waivers from all materials suppliers and subcontractors plus one year maintenance warranty bond commencing September 11, 1973. 5. Request from Carl Bolander S Sons Co.,grading contractors, for variance from the grading permit for the Eden Prairie Center allowing work between the hours of 6:00 a.m. to 12:00 midnight rather than 7:00 a.ml to 10:00 p.m. (Letter attached) Action: Motion approving amendment to the grading permit for the Eden Prairie Center allowing working hours of 6:00 a.m. to 12:00 midnight as requested in letter from Carl Bolander &Sons Co. dated September 6, 1973, subject to reconsideration if there are serious complaints about noise as determined by Village Manager. B. Reports of Village Manager: 1. Retention of George M. Hansen Company to conduct 1973 Audit. (Letter attached) Action: Motion authorizing George M. Hansen Company to conduct 1973 Audit. 2. Request for authorization to rent cottage on Staring Lake to Mr. Brian Wilhelm at the monthly rate of $140. Action: Motion authorizing the Village Manager to rent cottage on Staring Lake to Mr. Brian Wilhelm at monthly rate of$140. 3. Consideration of Bryant Lake Water C'uaiity Analysts. Action: Motion authorizing the Village of Eden Prairie to enter into a Joint Agreement with the Nine Mile Creek Watershed Dt tr:.c for water quality analysis of Bryant Lake to be fincur- jointly over a three fiscal year period at the rate o f t,0110 per agency per year. 4. Letter from Eden Prairie_(lons Club dated 9/5/73 enclosing check to purchase signs for protection of children. (Attached) Action: Motion to receive and file. Council Agenda -4- September 11, 1973 V. REPORTS OF OFFICERS,BOARDS& COMMISSIONS (Cont.) B. Jiecorts of Village Manager(cont.) 5. Notice of Government Operations Committee Hearing at Normandale State Junior College on September 17, 1 973. (Letter attached) Action: C. Jteoort of Village Clerk; }-- 1, Village Clerk's Recommended License Application List dated 9/11/73. (Attached) Action: Motion approving License Application List. VI. FINANCES; • A. Payment of Claims No. 2557- 2632. (Attached) Action: Motion approving payment of Claims No.2557 - 2632. B. Cash and Investment Report. (Attached) Action: Motion accepting Cash and Investment Report dated 9/11/73. VII. /DIOURNMEN$. II MINUTES EDEN PRAIRIE VILLAGE COUNCIL TUESDAY, AUGUST 28, 1973 7:30 P.M. VILLAGE HALL Counci 1 Members: Mayor Paul Redpath, Councilwoman Joan Meyers, Councilmen John lIcCulloch, Wolfgang Penzel, and Roger Boerger. Counci 1 Staff: Vi llage Manager Robert P. Heinri ch At torney Keith Simons I. MINUTES OF REGULAR h1EETIMG HELD AUGUST 14, 1973. A motion was made by Mrs. Meyers, seconded by Fir. Penzel. to approve the minutes of August 14, 1973 as published. All voted aye; motion carried. II. PRESENTATION TO MAYOR PAUL REDPATH. firs. Meyers presented Mayor Redpath with the Certi ficate of Commendation on behalf of the League of i1innesota Municipalities. The certificate reads as follows: "The Certificate of Commenda- tion is presented to Paul R. Redpath as a nominee for the C. C. Ludwig award for distinguished munic ipal service." III. PUBLIC HEARINGS: A. Proj ect STN 73-4-17, Storm Sewer Improvements for the Neill Lake Drainage Basin. Hr. Jullie pointed out the area to be included in the project as shown in the feasibility report of August 8, 1973. He ex- plat ned that the purpose of the project was to replace and expand the county system of drain tiles and ditches. The proj ect, he stated, has been divided into four systems--Eden Lake, Olympic Hill s, Neil 1 Lake, and Outlet. Tota 1 cost of the project is estimated to be $723,534 which woul d be assessed within the boundary limits. The assessment rates would be computed in proportion to the amount of rainfall fall runoff from the properties involved which can be consider-. ed a function of 1 and use. Runoff, for instance, would be 2 times greater off commercial than residential ; 1-1/2 times grea ter off multiple family residential and school sites; the same off golf course properties. Therefore the estimated assessment rates would be: $ 600/acre for single family detached residential and golf course properties. $ 900/acre for multiple family residential and school sites. $1200/acre for commercial property. If approved, the staff would proceed immediately' with the preparation of plans and specs; bids obtained in October; Council Meeting —2- August 28, 1973 and anticipated completion by the summer of 1974. The project assessment hearing would be held about a year from now. It would be the staff's recommendation that owners of homes built prior to June 22, 1971, be given special consideration. Hr. Heinrich replied to the questions stated in a letter from The Preserve dated August 23, 1973. Mr. 8ob Schumacher, representing Olympic Hills, referred to his letter which is on file in the engineer's office. It was their feeling, he said, that golf courses should not be assessed the same as single family residential and that some credit should be received since a dike type structure with pump was built near Neill Lake. Mr. Gil Darkenwald, owner of 10-1/2 acres of land on Eden Lake, was assured that no public access would be granted through his property to the perhaps 20' public area next to the lake. A motion was made by Mr. Penzel seconded by fir. Boerger clos- ing the hea ring and adopting Resolution No. 756 ordering improvement and preparation of plans and specifications for Project STM 73-4-17. Motion carried unanimously. 8. Vacation of Franlo Road between the Ring Road and U.S. 169/ j 212. Requested by The Preserve. A motion was made by Hr. Boerger seconded by Mr. Penzel to adopt Resolution No. 757 vacating Franl o Road between the Ring Road and U.S. 169/212. Motion carried unanimously. C. Briarhill, F.H.A. 236 multi-family development, Shelter Development Corporation. Mr. Heinrich stated that because the feasibility was approved by HUD at S21,700 less than the mortgage requested and chang- ing site evaluations, a better site plan resulted. The August 21 Planning Commission report on Briarhill was ex- plained. Mr. Tom LaSalle of Shelter introduced Mr. Nick Talaia, an architect, who compared the two site pl ans and explained the changes. Mr. McCulloch expressed concern about the financial stability of Shelter and Mr. LaSalle replied that Shelter is as stable as other land developers, and that there would be no problems with this development. A motion was made by Mrs. Meyers seconded by Mr. Penzel approv- ing the revised site plan required on the basis of the F.H.A. approval. Motion carried with Mayor Redpath, Councilwoman Meyers, Councilmen Penzel and Boerger voting eye; Councilman McCulloch voting nay. _ I Council Meeting -3- August 28, 1973 C. 8riarhil 1 (continued) A motion was made by Mrs. Meyers seconded by Mr. Penzel ac- cepting the site plan rev isions presented in the report dated August 3, 1973, by Shelter Development Corporati on. Motion carried with Mayor Redpath, Councilwoman Meyers Councilmen Penzel and Boerger voting aye; Councilman McCulloch voting nay. _ —D. Olympic Hills Planned Unit Development, 32 acre residential devel opment. Mr. Putnam, Village Planner, explained the soil and slope problems on the wooded hillside which would be developed with single family dwe-lings and on the peninsula which would be developed with six duplexes. Also explained were the recommendations of the Staff and Planning Commission. Mr. Jim Morris, architect for Olympic Hills, explained the site plan with its varied uses--single family residential, townhouses and duplexes. A motion was made by Mr. Boerger seconded by Mr. Penzel to adopt Resolution Ho. 761 approving concept plan approval of Olympic Hills PUD, 32 acre residential development in accor- dance with the Planning Staff Report dated July 23, 1973. Motion carried unanimously. E. Prairie East Planned Unit Development, 95 acre mixed residen- tial, Hustad Development Corporation. Mr. Bill Bonner showed slides of the area and expal fined the site plan with its 41 single family lots , 76 townhouse units, and 6-8 terrace aprtment buildings or condominiums. Mr. Redpath expressed concern that low to moderate income housing was not present i n Hustad devel opment. Mr. Hustad said that the sector study was an adequate expression of what they anticipate the 1 and uses to be. They are looking for a spot where this type of housing might logically happen but it can't be found in their area; possibly might have to be designed. A motion was made by Mr. Penzel seconded by Mrs. Meyers to adopting Resolution No. 762 granting PUD concept approval for Prairie East PUD for 95 acres of mixed residential. Motion carried unanimously. A motion was made by Mr. .Penzel seconded by Mr. Boerger approving the first reading of Ordinance No. 231, amending Zoning Ordinance reclassifying approximately 21 acres from Rural to R1-13.5 for 41 single family lots. Motion carried unanimous ly. r Council Meeting -4- August 28, 1973 E. Prairie East (continued) A motion was made by Mr. Penzel seconded by Mrs. Meyers adopting Resolution No. 753 granting preliminary plat approv- al for the 21 acre signle family plat, R1-13.5 subject to the Engineer's Report of August 23, 1973. Motion carried unani- mously. F. Basswoods Forest, single family subdivison located in The Preserve. Requesting rezoni rig from Rural in approved PUD t- 70-3 to R1-13.5 for 20 acres and 36 single family detached lots. The Preserve's 1 etter of August 28, 1973, requesting a blanket variance from the side yard requirements was discussed. Mr. Jullie stated that this type of variance is consistent with what has been done in other areas. These variances give flexibility to the builder to save trees, build larger homes. Mr. Penzel felt that individual variances should be granted and requested that the staff investigate the variance situ- ation. A motion was made by Mr. Boerger seconded by Mr. Penzel to approve the first reading of Ordinance No. 229 to zone Bass- woods Forest to R1-13.5. Mo tion carried unanimously. A motion was made by Mr. Boerger seconded by Mr. Penzel to adopt Resolution No. 758 approving the final plat of Basswoods Forest including the variance as requested in The Preserve's letter of August 28, 1973, which stated the side yard require- ments in the second paragraph. Motion carried with Mayor Redpath, Council woman Meyers , Councilmen Boerger and Penzel voting aye; Councilman McCul loch voting nay. IV. PET I TIONS, REQUESTS AND COMMUNI CATIONS: A. Letter dated August 9, 1973. from Riley-Purgatory Creek Water- I shed District. A motion was made by Mr. Penzel seconded by Mr. Boerger to receive and file the Riley-Purgatory Creek Watershed District letter of August 9, 1973. Notion carried unanimously. B. Petition dated August 15, 1973, from property owners near the intersection of T.H. #b and witchell Road. A motion was made by Mr. Pen zel seconded by Mr. Boerger to re- ceive and file the August 15 . 1973 petition and instructed the manager to convey to District 5 Highway Department the Village's concern about the hazards of, turning lanes and . 1 ights on T.H. 05. Motion carried unanimously. Council iteeting -5- August 28, 1973 C. Petition dated August 15 1973, from Eden Land Corporation for extension of Mitchell Road. A motion was made by tor. Penzel seconded by Mrs. Meyers to receive and file Eden Land Corp's petition of August 15, 1973. Motion carried unanimously. V. RESOLUTIONS AND ORDINANCES: A. Second reading, Ordinance No. 227, for Creative Housing, Inc District Rural to R1-13.5 for 14 acres. A motion was made by Mr. Penzel seconded by Mrs. Meyers to approve the second reading of Ordinance No. 227 but to with- hold publication until a settlement of $7500 in lieu of park land dedication is reached. Motion carried unanimously.. B. Second reading, Ordinance No. 186, Tree Disease Ordi nance. A motion was made by tlr. McCulloch seconded by Mr. Penzel to approve the second reading of Ordinance No. 186. Motion carried unanimously. C. First reading, Ordinance No. 230, permitting cash contribu- tions i n lieu of land for public park use and open space con- sistent with the provisions of 1973 State Statutes. A motion was made by Mr. Penzel seconded by Mr. Boerger to approve the first read ing of Ordinance No. 230. Motion carried unanimously. D. First reading Ordinance Mo. 232, an ordinance changing the street name of Atherton Road within Atherton 2nd Addition to Chestnut Drive. A motion was made by Mrs. Meyers seconded by Hr. McCulloch approving the first reading of Ordinance No. 232. Motion carried unanimously. E. Resolut ion No. 760, commenting on the Comprehensive Phase III, a Community Devel opment Guide for Minnetonka. Minnesota, as it affects Eden Prairie. A motion was made by iirs. Meyers seconded by Mr. McCulloch to adopt Resolution No. 760, commenting on Minnetonka's Comprehensive Phase III Development Guide. Motion carried unanimously. The staff was requested to send the resolution to the Metro Council and neighboring villages for their review. Council Meeting -7- August 28, 1973 VI. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: A. Village Attorney Report: 1. Consideration of ordinance amending the ordinances es- tabl fishing the Planning Commission, Park & Recreation Commission, and Human Rights Commission, modifying the membership and required quorum. A motion was made by Mrs. Meyers seconded by Mr. Penzel approving the first reading of Ordinance No. 233 amend- , ing Ordinance Iio.30 establishing the Planning Commission, Ordi nance No.112 e stablishing the Park & Recreation Comm ission and Ord finance No. 111 establishing the Human Rights Commission. Motion carried unanimously - 2. Summons from Brooklyn Center. A motion was made by Mrs. i•Ieyers seconded by Mr. McCulloch authorizing the Vi llage Attorney to respond supporting the Metro Council and sewer board. Motion carried unanimously. B. Village Engineer Reports: 1. Final Plat of Crestwood 73, Alex Dorenkemper. A motion was made by Mrs. Meyers seconded by Mr. McCulloch adopting Resolution No. 759 approving Final P1 at of Crest- wood 73. Motion carried unanimou sly. The ilanager was instructed to submit to the Council a copy of the land hold agreement or progress report. 2. Cons ideration of agreement with Barr Engineeri ny Company for engineering services on Project STM 73-4-17. A motion was made by Iir. Penzel seconded by Mr . Boerger to approve the agreement with Barr Engineering for services on Project STii 73-4-17. Motion carried unanimously. C. Village (tanager Reports: 1. Award bid on backhoe-tractor-high lift combinat ion. A motion was made by Ors. Meyers seconded by lir. Boerger adopting Resolution No. 755 accepting the low bid of Val- ley Equipment Co. in the amount of 512,586 for a John Deere Backhoe-Trac tor-Highlift Combination. 0n roll call, all voted aye. d tion carried. 2. Reaffirming Federal LAMCON assistance for open space ac- quisition for Fiscal Year 1974. A motion was made by lir. Penzel seconded by Mr . Boerger to adopt Resolution 754 submitting preliminary application for Fiscal Year 1974 Federal LANCON assistance . Motion carried unanimousl y. Council Meeting -8- August 28, 1973 3. Consideration of riotorcycle Patrol. sir. Hacking explaining his report of August 21, 1973, stated why a motorcycle patrol would be valuable to the community...hiking and biking trails would be accessible, undeveloped areas , parks, playgrounds, neighborhoods, tot lots and parking areas in townhouse complexes would be more easily patrolled. A motion was made by Mr. McCulloch seconded by Mrs. Meyers authorizing the Village Manager to implement a Motorcycle Patrol and to receive with appreciation the anonymous gift of a fully radio-equipped motorcycle for this Patrol from an Eden Prairie resident. Notion carried unanimously. 4. Consideration of membership in the seven-county Suburban League of 1unicipalities and/or membership in the Metro- po1 itan League of Municipalities. A motion was made by Mr. Boerger seconded by h1r. Penzel endorsing membership in the Metropolitan League of Municipalities wi th dues of ;696. Motion carried unani- mou sly. 5. Bryant Lake Cooperative Study. Hr. Heinrich reported that Minnetonka turned down with regret participation in the Cooperative study. 6. Request from Eden Land Corporation for a meeting. Mr- Peterson has requested a meeting with the Council to discuss their economic picture. This meeting was set for September 6 at 7:30 after which the budget will be discussed. D. Mayor's Report: 1. Announcement - Joint Council/School Board meeting on Thursday, August 30, 1973, in Industrial Conference Room at Suburban Hennepin Vocational -Technical School at 7:30. 2. Zip Code Application for Eden Prairie. A motion was made by fir. Penzel seconded by fir. McCulloch adopting Resolution No. 763 requesting assignment of a zip code number to the village of Eden Prairie by the U. S. Postal Service. Motion carried unanimously. E. Village Clerk's Report: 1. Village Clerk's Recommended License Application List dated August 28, 1973. Hr. Douglas stated that the four dogs are in a fenced f Council Meeting -9— August 28. 1913 1. Applicati on List (continued) area and are only outside the home for several hours. The next door neighbors--Chermack and Franchuk have no objections to the dogs . Complaints from other resi dents of the neighborhood have been receiv ed, however, and have been investigated by the Manager and Public Safety Director. A motion was made by Mrs. Meyers seconded by Mr. Penzel approving the License Application Li st of August 28, 1973 with the private kennel license to expire December 31, 1913 and the situation to receive cl ose observation. Motion carried unanimously. VII. FINANCES: A. Payment of Claims No. 2338 - 2556. A motion was made by Mr. Penzel seconded by Mrs. Meyers to approve payment of Claims No. 2338-2556. On roll call , all voted aye. Motion carried. B. Cash and Investment Report. A motion was made by Mrs. Meyers seconded by Mr. Boerger to accept the Cash and Investment Report dated August 1, 1973. Motion carried unanimously. The meeting adjourned at 12:50 a.m. Suzanne K. Lane, Deputy Clerk STAFF PLANNING REPORT DATE: August 15, 1973 PROJECT: Masters Condominiums LOCATION: West of the first hole north of Valley View Road, bounded on the west by Golf View Boulevard within Edenvale's northeast area DEVELOPER: Weis Builders, Inc., Rochester, Minn. REQUEST: Rezoning to RM-2.5 for the construction of two 6-story condominium buildings totaling 99 units at 13.4 dwelling units per acre FROM: Richard Putnam, Village Planner THRU: Robert P. Heinrich, Village Manager Report Outline: A. Conformance with Edenva le P.U.D. B. Community Precedent. C. Visual Impact on Surrounding Area. D. Location and Structural Concept. E. Alternate Land Use Type. F. Building Plan Analysis. G. Site Plan Analysis. H. Summary & Recommendations. A. Conformance with Edenvale P.U.D. The approved Planned Unit Development indicates a site of 7.4 acres to be 13.4 units per acre maximum density with a total of 99 units. The size listed in the category of M-2 corresponds with units such as Fairway Woods, Mark Jones' Shadow Green, and Shelter's 236 project. 'The building type in all of these projects is of a 3-story wood framed unit. The numbers are in direct conformance with the approved Edenvale Planned Unit Develop- ment. However, it seems fair to say that the intent of the M-2 district was not for the medium rise building, as proposed in this development. This is not to say that the medium rise is not a good or valid solution on this site, but merely that the density range of 13 units per acre and the comparable projects built indicate this is a different structural treatment. Conformance with the pathways, roads, and golf course orientation seems to be excellent and do not present any conflicts with the approved P.U.D. B. Community Reaction and Precedence: In a letter from a resident, it was noted that there should be careful evaluation by the Commission of building types of this nature and where they are placed within the community, and suggested that approval of such a medium rise project may set a precedent for many developments within the community that may not be desirable. This concern has been raised by Staff Planning Report Masters Condominiums Page 2 many of the Planning Commission and Council members in that the high rise building syndrome would spread like a cancer throughout the community and totally change the residential, natural skyline that we all enjoy today. To answer this concern, we must look to some of the ordinances which are today controlling development. Outside of Planned Unit Development areas, the normal ZoningOrdinance controls all development, allowing for a maximum of 30 ft. in height, which would be approximately a three story structure. The maximum building height combined with the densities allowed which would be the maximum of about 17 units per acre under the RM-2.5 category would effectively limit medium rise buildings without obtaining variances. The reasons for variances are spelled out and would probably not,under normal circumstances,qualify a building for a variance outside of a Planned Unit Development. Therefore, the ZoningOrdinance would seem to protect the normal residential areas, such as the Duck Lake area, Kings Forest, Scenic Heights, or other developed residential areas from any construction of medium and high rise buildings, unless they are part of an extremely large Planned Unit Development such as Edenvale or The Preserve. However, the Planned Unit Development as stated in Section 11.1 of the Zoning Ordinance states: "The Planned Unit Development (PUD) provision of this ordinance to allow variation from the provisions of this ordinance including setbacks, height, lot area, width, and depth, yards, etc. in order to(a) encourage more creative design and development of land, (b) promote variety in the physical development pattern of the Village, (c)concentrate open space in more usable areas or to preserve unique natural resources of the site, (d)preserve and provide a more desirable environment than would be possible under strict interpretation of the Zoning Ordinance or Subdivision Regulations." It seems clear from this section of the Zoning Ordinance that within a Planned Unit Development of significant size where the purposes of the P.U.D. are met,that consideration for medium and high rise buildings would be reasonable. To date, I believe that within our Village, the Planned Unit Development process has been well received, both by the existing residential areas and by land owners and developers. It seems one of the primary reasons is that all concerned know basic ground rules related to quality, appropriateness of structure design, provision of usable public and homeowner open spaces with a provision for joint use by the existing residential areas and the new residents. P.U.D. has allowed this community, much different from others, to blend the existing develop- ment more successfully with the new housing types and variety of life styles into the community. The precedent that would be set by approving this development within the Edenvale P.U. D. on this specific 7 acre site is that the use of a medium rise building type within a large scale Planned Unit Development, buffered • Staff Planning Report Masters Condominiums Page 3 from existing areas both visually and physically, would be appropriate if certain conditions are present, such as;the preservation of the site, proximity to significant amenities such as a golf course, and the reduction of building scale by the surrounding land forms and mature vegetation to more clo rely blend the upper levels of the building with the existing horizon tine. The +ateit o_`evaluating Ellis project is not to indicate the use of medium rise or high rise building types throughout the Village of Eden Prairie but rather to evalu ate the Masters condominium project on the basis of its appropriateness to the site and the impact on surrounding areas through transportation, visual, open space, and units provided. The question would be raised that the Major Center Planned Unit Develop- ment states that the higher density housing for the community should be located within this area, and within this area only, just as the regional commercial uses would be located exclusively in the Major Center Area. The Masters condominiums proposed at a little over 13 units an acre falls under our existing Zoning Ordinance and merely utilizes a different building type because of certain site considerations to provide density under our RM•2.5 Zoning which allows a maximum of 17 units per acre.. Major Center densities and housing types will be varied but will be significantly higher than the densities allowed under the RM-2.5 category. The Major Center Area Task Force discussed this at length and felt that the higher density housing necessary to reduce housing costs for elderly housing, for example, or for the higher density housing in close relationship to office/commercial uses should be located only in this area and not allowed at other freeway intersections throughout the community, etc. It should be noted that the building type proposed in the Masters is not typical, in fact, an extreme example of the type of building normally found at the 13 unit per acre densities. The cost of the units and its location on the golf course indicate that the extra construction costs can be absorbed in the unit cost because of the unique site. Evaluation of this project is not in any way being compared with those projects in the Major Center Area, and hence, there will not be a spread of that hou sing type nor density. C. Visual Impact on Surrounding Area: Two 6-story buildings with a first floor elevation of approximately 895 would have the top floors at approximately 950. The current site's maximum elevation is at 904 on the crest of the hill. With the addition of the semi-mature oak on the hill of approximately 35-40 ft. in height. Today the horizon line is at approximately 940. The hill form with the major vegetation makes t'iis site rather prominent as viewed from other areas. Views from the northwest area of Edenvale, the commercial, church, and multiple center in the south part of Edenvale's northwest area will be lower than the railroad embankment and would not have any visual contact with the site. The Shelter project in northwest Edenvale and the areas north would have limited contact with the site but would primarily orient to the west and south rather than east. Staff Planning Report Masters Condominiums Page 4 The most visual impact will be experienced by the units proposed directly west of Golf View Drive and adjacent to the railroad tracks. Most of the land in this area will orient to the golf course or east, and the site just sort:1.fir tale iit -,y View Roil arid Gulf View Drive intersection will 7e dramatically aft acted by the construction of these units. The units in this area will most certainly orient directly south since the site slopes from a high point to the north of 920 to the golf course across Valley View Road with an elevation of approximately 850. The Masters project as well as the railroad tracks will certainly be the most undesirable views and the units would attempt to face directly south or north of the Masters site overlooking the first fairway and green. The golf clubhouse1recently constructed in Edenvale and the first tee will also experience some visual contact with the Masters proposal. Due to the hill where the existing Eden Land offices are today and the m ajor oak trees, the buildings will be softened and not completely visible from the golf clubhouse vantage point. The building massing should be visible above the trees and through openings in the trees but should not be undesirable as a view from the clubhouse and first tee. The revised proposal submitted July 25th moved the eastern building back from the golf course a distance of about 40 or 50 feet. To reduce the confined feeling while playing the course at that point, perhaps greater distance from the course could be achieved in detailed site planning work. Also, the orient ation of a narrow part of the building to the course and clubhouse will be helpful in reducing the mass of the structures as viewed from the east. The Masters project as viewed from the newly developed Golf View single family area and a few lots in Kings Forest will be greatly softened through the distance of over a quarter of a mile to the closest lots within Prairie View and in Kings Forest area. The land forms and structures to be built within the Golf View area, the Mark Z. Jones Shadow Green area, will also greatly influence the visual impact from the adjacent single family areas as well as the newly constructed units within Edenvale. From the Mark Jones project In Shadow Green, the closest building would be approximately 800 ft. from the site, looking across the driving range and two golf holes, 1 and 9, to the site of the Masters. The distances combined with the variety of natural terrain and open space as well as structural developments to the east of the Mas tors should provide adequate visual buffer for all existing and proposed units. Prior to the issuance of building permits, the exact roof elevation and their relationship to the rem ainina trees and land forms should be graphically s Staff Planning Report Masters Condominiums Page 5 depicted to the Village Staff, and if additional plantings of significant height or alteration of building elevations is required to more carefully blend the buildings into the natural horizon line. The intent of the proposal is to site the buildings so the vegetation that exists and proposed will 'i_:hoi:1:IIa`... the top at ilciiceted ❑ the sec tion it le,at:U1 sub::ittad July 25, 1973. The elevation shown will be used to evaluate the final development plan prior to the issuance of any building permits. D. Proposed Land Use and Structural Type: The amenities of the site which primarily relate to the golf course,which runs to the east of this site with the first fairway,seems to be ideal open space use related to a luxury or semi-luxury condominium building. The golf clientele and the good recreational opportunity for middle aged and older people would be well suited to many of the owners of the Masters' units. The prestige and views over golf courses seem ideally suited for the Masters condominium resident interests. The terrain with its hilly nature and major oak vegetation on the south and east slopes was a great determinant in the building pad areas as well as the possible site coverage. This dictated a much higher density building type rather than putting units in many areas of the site. Most certainly other types of units, such as three story apartments or townhouses , could be built on this site, but at the expense of more extensive grading and land alteration in many more areas. The oak vegetation is rather sensitive and can not be d isturbed nearly as much as other types; therefore, building on the south and east slopes would most certainly eliminate a great number of the mature oaks present today. The site with the 99 units proposed has excellent transportation access to regional road systems and Hwy. 5 and the Village Ring Route via Valley View Road and Mitchell Road. Access to the site is off of the Golf View collector with two access points. The vast majority of trips to and from the Masters would utilize Golf View Drive going south to Valley View Road and east and west on Valley View. Very few trips would go north on Golf View, thereby driving through the single family areas of the Golf View subdivision and north into Kings Forest. Important to the location of the Masters condominiums at this point are marketing concerns and recent housing types proposed in Edenvale today. Fairway Woods condominiums offer condominium units with many of the same features that the Masters would offer, with the exception of the building type and conveniences of the underground parking/elevator type of structure. Greater security, less stair climbing, and more expansive views plus totally fireproof building are advantages of the Ma sters condominiums, Also the rental projects proposed in Shadow Green by Staff Planning Report ' Masters Condominiums Page 6 Mark Z. Jones are compatible with the condominium use proposed_ The proximity to commercial facilities, such as the Shadow Green convenience center and the community shopping center at Valley View and Mitchell CG lthln d 4vit7In c'lurcl 3i ttlo .:,`d _!:,:oz Ie. for th. coaciorninium market. Vf:ry important from the marketing standpoint is tee — Masters project is not located in the middle of nowhere, but rather adjacent to a major golf course clubhouse teeoff site as well as the necessary commercial, recreational, and institutional needs of the residents. E. Alternate Land Use Types: The townhouse and apartment use of the 7.4 acre site could produce 99 units as indicated. However, the destruction of the major vegetation, which on this site Is significant and worthy of preservation, would be the result. One only has to look at the many projects of townhouse single family or apartment that are built in wooded areas to realize that significant amounts of trees will be lost during construction. Within a forest with a variety of tree species and sizes, this is not as critical as on a site such as the Masters, where each tree is a mature specimen, rather scattered in groves, The option discussed at our last meeting of providing singlefamily housing on this site is certainly possible to correspond with the existing structure, which is the office of Eden Land today. One alternate of the single family layout is enclosed to indicate the difficulties with placing single family homes on this site. The traffic from Golf View Drive as well as Valley View Road • puts severe constraints upon the appropriateness of this area as a single family subdivision; also, potential conflict with the golf course as single family lots back up to the first fairway where a hooked drive would stray is less than ideal. Significant site alteration and major tree removals would result from the single family use of this site if it is to be economically feasible. There is little doubt that a few single family homes or a reduced number of townhouses or three story apartments could be placed on this site- However, the approved P.U.D. plan for 99 units does indicate a commitment between the Village and Eden Land Corp. as to development. If the Masters project was found to be incompatible with the site and Planned Unit Development objectives, then the lower density building type would be required. It appears, in looking at alternate building types, that the Masters units proposed would do as little damage to the south and eastern areas of the site as any units proposed and still make the project economically. feasible. -w r '- • : \ w: I \ s - _ 112 11. ,3: . 4,,, M ' .. -2\\ ovitst44"4. 46taid., I. - _ , \ / .. "46111444111 ---. " \ , it-4 I * '.r ,; ' •111 ;, . i , 1 .:::: ........\* • r VOW Jr I Staff Planning Report Masters Condominium Page 7 F. Building Plan Analysis: The Masters condominiums are fire resistant, five and six story, double loaded corridor apartment style buildings. The structures utilized recessed bilc::rlies as well as cantilevered balcony areas. A majority of the parking is uro•rideri underground on two levels. 'il:s buildings will proviaa on3, :wo, and three bedroom units of a large square footage, high quality construction. The proposal incorporates stand pipe system, required under State Building Code for fire protection, and does not propose sprinkler protection for the buildings. The recommendation from the Building Department and consul tants,such as Chet Shermer from Shermer Engineering representing Homart, was that the health safety provided with sprinklered buildings of residential, commercial, or office type is many, many times that provided by conventional stand pipe systems. Combining that fact with the limited equipment for the Village Fire Departmentiwhich would be unable at the present time to reach the upper floors of the Masters project, the recommen— dation from the Building Department,with which I would concur, would be • • that sprinklers be included within each building. The question of the esthetics of sprinklered buildings, I believe, is invalid if decorative sprinkler heads as well as suspended ceilings are used within the units. Also, the marketing of such a building with the safety of sprinklers built in should be an asset rather than a detriment for the individuals purchasing units, who would be of an upper income level and value good security systems as well as protection from fire. The extra investment in sprinklering, which may vary from $500 to$1,400 per unit, depending upon building costs and systems used, would seem a worthwhile investment. The Masters project also proposes a rather extensive plaza treatment over the parking garage which would incorporate swimming pool gathering areas and other developed recreational options. The utilization of the existing structure as an office and storage immediately with conversion to other recreational uses would seem worthwhile. The use as a single family detached home in the future could create many problems and would seriously limit the use of the site by other residents of the condominium structures. The masonry buildings proposed with elevator service offer an excellent living unit for those wishing fireproof construction, sweeping views, excell ent security systems, and what amounts to as luxury golf course living G. Site Plan Analysis: The use of the two level underground parking garages has freed up a great amount of the site as open space and natural uses. The pool, tennis court, recreation building, and general open wooded knoll will provide a variety of open space uses to residents of the Masters site. Combined with the golf course and other Edenvale open space systems, many oppor- Staff Planning Report Masters Condominiums Page S tunities exist to the Masters residents. The parking that is propos ed as exterior will be kept to a minimum and should be extensively screened from view from off the site, since units west of Golf View Drive will have direct tt, the paridng ar^as. Firth barns and extendinn londsc 2inq, more `non propos=u, will be nec?ssaryto -ccuriplish this. No grading plan was submitted with a revised site plan indicating a new location and style of buildings. However, the intent of the first si to plan is basically the same, to preserve a majority of major oak trees and the hill form to the east and south of the site. The high point and the second knoll will be cut to set the building into these areas,with major site grading occurring only north and east of the site. Access and parking seem very workable, with approximately Iz spaces per unit enclosed. As required by the Fire Inspector and Building Department, paved access to all sides of the building may be required for fire protection, and certain pedestrian pathways indicated may be required to be built to a 10-12 ft. standard rather than the 6-8 ft. to accommodate rescue vehicles, if felt necessary. The rescue access as well as sprinkler protection would provide one of the highest degrees of life safety of any structure within the Village of Eden Prairie. The recommendations of the Building Department should govern the access to the structure to accommodate rescue vehicles . • The location of the tennis courts In the revised plan adjacent to Valley View Road and Golf View Drive offer some visual problems if the building is viewed from Valley View. With the 8 ft. chain link fence that surrounds the tennis court combined with the rather inaccessible location of the tennis court, movement of this facility to the north into its original location may be more desirable to tie it in with the pathway system and the golf course as a recreational area. Also, by extending the parking area into the tennis court location with extensive screening and landscaping, the effect of that lot would be far less than the tennis court as proposed. More detailed plans in the development of the plaza space will certainly provide excellent adult recreational facilities. if the sales and marketing indicate purchases by families with young children , appropriate totlot recreational facilities shall be provided by the developer during the second phase of construction. H. Summary & Recommendations: The Masters Condominiums is a proposal providing unique life style, not currently found within the Village of Eden Prairie. Due to the site features and adjacent open space uses, the residents of the Masters have numerous recreational opportunities available. Of extreme importance is the ability to fit the six story structures into the site without drastically altering the skyline and view from all directions. Preservation of the significant trees r LI Staff Planning Report Masters Condominiums Page 9 and hill form as well as additional plantings and proper siting can achieve this objective. With the provision of sprinkler systems well es i'_.,qulta ac_ess around the structures, the Ilia s f�ty tlue r scants of the":asters will be vsry ziccaptabie, even with tna equipment available to the Fire Department today. 'Through the choice of soft-toned bricks or textured concrete, the visual appearance of the t-- structure can be diminished. Stark, precast concrete exterior finish would tend to accentuate the height and mass of the structures and would most likely not fulfill our obj ective to blend with existing surroundings. Further detail as to grading, structural treatment, and site plan modifications will be required and must be reviewed by the Planning Department prior to issuance of any building permits. Recommendations: 1. That approval of the Masters Condominium project in Edenvale is based upon the specific site plan, site features, and building proposals and is not to be interpreted as a normal building type allowed under the RM-2.5 zoning. 2. Pri or to the issuance of building pe rmits, the exact roof elevation and its relationship to the remaining trees and land forms should be carefully examined by the Village Staff, and if additional plantings of sufficient height or alteration of the building elevation ae required to more carefully blend the structures with the existing horizon 3. Recommend granting of the variance for the construction of the Nesters Condominiums over the 30 ft. height limitation within the Village Zoning Ordinance for the RM-2.5 category. 4. Since the structure will be approximately two times the existing height limitation, all setback requirements for the structures shall be increased proportionately, or other projects to be constructed shall be set back proportionate distances. 5. Require fire and life safety equipment as prescribed by the Eden Prairie Public Safety and Building Inspection Departments to be installed by the developer. 6. Require site and construction work to begin within the calendar year of 1974 or to seek an extension for the rezoning from the Village, or the rezoning reverts to rural under the Planned Unit Development 70-4. r Staff Pl 9 nnin Report • Matters Condominiums Page 10 7. Recommend approval of rezoning of Edenvale Lot 1, Block 4, and Outlot F of Edenvale Second Addition to RM-2.5 for the construction exclusively of the Masters Condominium project with a revised generalized site plan submitted July 2 5, 1973, for 9 9 ownersaip condominium units. DP • 8/21/73 Planning Commission D. "The Rasters", condominiums located west of the 1st fairway in Edenvale. Revised site and building plan submitted will be ex- plained by develop er. Staff report and recommendation. Mr. Putnam highlighted his staff report of August 15 and showed slides of the site and location of the proposed buildings. Dur- ing this slide presentation Mr. Peterson of Eden Land Corp. stated that the bu ildings would project about 10 feet above the tree elevation. In answer to Mrs. Schee's question regarding a sprinkler sys— ter, 1,1r. Cooperman stated that if the Commission and Council required such a system it would be included; however, if the inclusion made the project economically unfeasible, the project may have to be abandoned. Mrs. Meyers commended Edenvale for being good developers and concerned community supporters, but voiced opposition to the six—story condominium project. Realizing that it was an awk— ward piece of land , Mrs. Meyers based her opposition on the precedent which might be set as a result of the granting of the il2 zoning variance and on the lack of coincidence between this project and the efforts of the MC Task Force and Housing Task Force to preserve the integrity of rural neighborhoods. Mr. Peterson showed the relationship of this project to sur- rounding Edenvale projects and stated that rural areas were not planned for the Edenvale PhD. He stressed that the proposed project, they felt , was the best type of development for the site; and that if the project were turned down, the site would not be brought before the Commission for some time. Single fam- ily units are not suitable since extensive grading would be necessary. Letters were read by ilr. Cooperman from other de— velopers in the PUD which were receptive to the project. Pir. Sorensen, agreeing with hirs. Meyers, stated that given the particular site, the structures were inappropriate and should be limited to the I4CA. hir. Teslow, also, felt that the build- ings would not be screened by the trees. Action Taken: A motion was made by Mr. Brown seconded by Plrs. Schee to recom- mend to the Counci 1 approval of The Masters 2 s ix-story con- domi nium project with rezoning to RPI 2.5-- a. As outl ined i n the August 15, 1973, planni ng report with its recommendations, b. pith the understanding that the existent home will be used for a sales office during the construction of the first building after which approval for the use or deletion of the home as a unit will have to be sought from the Commission and Council. On roll call, Mrs. Schee and lir. Brown voted aye; Messrs. Soren- sen, Lynch, Teslow and ilrs. iieyers voted nay. f'lotion defeated. . 7/17/73 Planning Commission D. Masters Condominiums located in Edenvale west of the first fairway on the site of the existing Edenvale offices. Proposal for two 6-story "8 story"condominiums totaling 99 units. Mr. is, president oZ vicis Builders, Inc., introduced a development team of Mr.A.T. Hanson and Mr. Forrest Russell, the site planners, .-- and Mr_ James Cooperman, architect, and Mr. Jim Barnes, attorney and partner in the project. Mr. Russell and Hanson presented the natural inventory of the site, stressing the importance of preserving the southerly hill where the Edenvale office is today with its natural oak vegetation. They indicated they tried many alternate solutions for land use on that site from single family to modular housing to cluster to town house to conventional apartments and that the only way to utilize that site to get 99 units was through the medium rise structures being proposed. The developer indicated that the cost of building the medium rise buildings was not as advantageous as those of low rise construction but that the site dictated a special design type. The building type would be of pre-cast concrete panels with poured in place masonry concrete sonstruction and fireproof. The developer was asked about the provision of life safety features, such as sprinkler into the entire building. He responded that the cost would be $196,000 more to do that rather than to put in the standpipe system. He then noted that the standpipe was included in that and that the differential between sprinkler and no sprinkler would be approximately$150,000 from his best estimate. Mr. Barnes pointed out that from a marketing standpoint the sprinklers would detract possibly $500 from what theycould sell the units for rather than add on in cost. Therefore, their feeling was that sprinkler inclusion in this building was not feasible . The provision of fire lane or access around the structure on what were identified as pedestrian trails would seem to be possible If a 10 or 12 ft. pathway of suitable sub-grade was constructed. The Commission members asked about the inclusion of the existing single family home now used as Edenvale's office as a single resi- dential unit and if this was appropriate. Mr. Don Peterson and Mr. Bill Simes from Eden Land indicated that it was a basically economic decision and that the value of that structure on that site would be too • great to tear out. Also, to move the structure would require tree cutting •and extensive regrwwding. The developer indicated that us ing that structure as a recreation building would be unfeasible in that it was not connected to the condominium units and would receive use approximately only half of the year due to the weather and its location. Therefore, con- sidering the economics of it as well as its relationship to the site,the most logical use would be as esingle fern ily unit es a member of tha condominiurn association. Certain questions were not ans.vared related to the maintenance and ground care of that unit but would be addressed at a later date. Mr. Putnam asked that if it were truly an economic reason for leaving the house in constructing the 99 units, he wondered if at a price of approximately$2,000 per unit for 100 units that the land cost would be approximately$200,000 to the developer or profit for Eden Land Corpo- ration. If the property was used for single family detached homes of the expensive nature, would lot values of S15-$20,000 and 14 or 15 homes may be built on that site, that the profit to Eden Land Corporation would be between $200-$300,000 for the development of that land.He indicated the seeming inconsistency between the building type of 6-story- or 8-story medium rise approximately 80 ft. from that of a single family residential unit, and that perhaps the alternate use of the site would be for other than 99 unit account. As he pointed out, the change in concept plan can be readily accommodated in that other sites in Edenvale have been converted from multiple to commercial and from town house to single family with little difficulty. Mr. Peterson did not feel that single family would be appropriate on this site for two reasons: 1)it would destroy the site by requiring extensive grading and would probably permit only four single family homes to be built on the site;2) the holding time for development of those units would not be consistent with the economic model for Eden Land Corporation. There was concern about the basic height of the structure in that in some areas it would be 8 or 9 stories tall and that this located outside of the Major Center Area may not be consistent with the development goals for Eden Prairie or Eden Land Corporation. The density of this site at approximately 13 units per acre would not normally be considered a medium or high rise density, rather a 2 and 3 story building type scale. There was great concern by the Commission members about the advis- ability of locating high rise structures, medium rise structures through- out the community and not confining them to the Major C enter Area. Others on the Commission felt that the ability to develop with respect to the site was very important and that they were not sure of the posi- tive or negative points to developing higher buildings outside of the Major Center Area. The project was referred to the Staff for a report with special emphasis on the fire safety provisions and alternate land use options. 7/d//3 ?fanning Uo emission G. aiasters Condominium project located in Edenvale, south of Valley View Road ant. east of new Golf View Drive. Request re- zoning to RN 2.5 with a variance on building height to permit structures over 4 stories. fir. Jim Barnes, representing the developer, lir. tleis, stated that the two six story buildings would be situated adjacent to the number one fairway. There would be 99 units in the two phase project with units ranging from $25,000 to $75,000. A slide presentation was given by landscape architects Messrs. A. Hanson and F. Russell showing the grading, site plan, topo, and utilities layout. lir. James Cooperman, architect, outlined the plans for the precast structure--exterior wall panels, generally white exterior with bronzed colored windows. Under- ground parking with recreati onal storage will be provided. Hhen the Commission members expressed their concern over the buildings' height, lir. Peterson, Eden Land Corp., stated that various plans had been discussed and anything but what is pro- posed would tear up the site. It was explained that the Vil- 1 age Fire Department has expressed concern about any projects with buildings over three stories since their equipment can service only three stories. ilr. Cooperman mentioned that a new fire code is expected soon and that the buildings would adhere • to those regula tions. A spr inkier system was urged by the Commission. Action Taken: 'The proposal was referred to the Staff for review and recon- emendati ons. • EDEN LAND CORP. 14300 Valley View Rod-Eden Prairie. Flinn.55343-Tel.612 /941.5300 September 6, 1973 Mr. Paul Redpath, Mayor Ms. Joan Meyers, Village Councilwoman Mr. Roger Boerger, Village Councilman Mr. John McCulloch, Village Council nan Mr. Wolfgang Penzel, Village Councilman Mr. Bob Heinrich, Vil lage Manager Ladi es and Gentlemen: On Tuesday, August 21 , 1973 the Eden Prairie planning commission considered a proposal by Weis Builders, Inc. of Rochester, Minnesota for the construction of two five to six story condominium buildings consist ing of 99 units on the site directly adjacent to Valley View Road and west of Edenvale golf course's no. 1 fairway. This project is in direct conformance with the Eder-ovate land use plan which allows 99 units on this site. The plan has been rev ised from three story wood frame construction to five story precast fireproof construction to better preserve the major oak trees, enhance the sales potential and provi de for a better project. This has been done with the consultation and support of your Village planner. In the planning report submi tted by Mr. Putnam he does, in our opinion, present a fair unbiased account of the project assets and 1 iab i Ii ties. He has recommended approval of the project subject to certain provisions stated in the report. At the planning commi ssion meeting on August 21, the commission voted to deny the request for rezoning and construction of the proposed units. In trying to determine the reasons for denial it was hard for me to determine why they chose this action. The reasons given ranged from the building did not fit the site, too many units on site, and it will destroy the rural and suburban character of Eden Prairie. Eder Land Corporation has made a major commitment to Ede.,, Prairie and li'ce- raise I feel that Eden Prairie has made a corrn'tment to Eden Land Corporation. We have invested over 7 million dollars in your community and we are paying for substantially all improvements in Edenvale as well 'as a large portion of overall community improvements. Your assessment rolls have us presently obl ii gated to close to two million dol tars in assessments and we are one of the largest if not the largest tax payers in Eden Prairie. Page 2, We have invested over one mi pion dot lars in our golf course to provide an amen ity which will serve the communi ty and will enhance the value of the adjacent property. Our economic plans require us to recoup these substantial investments out of land sales and it is absolutely imperative to our success to build at or near the approved densities to come out. Comments from the planning commission such as build single family homes, townhouses or apartments at lower densities are economically questi onable if not unfeasible at the price we are forced to sell our land at because of the cost of creating our communi ty and the cost of doing business in Eden Prairie. We have been actively seeking quality builders to bui Id in Edenvale to our plan which was approved by you in 1970. Mr. Weis is one of these and the luxury condominium project which he is proposing to build will undoubtedly, In my mind, be one of the finest if not the finest building in Eden Prairie or the entire S.W. metro area. Mr. Putnam has made many positive suggestions and the architects and builder should be complimented on their reaction to these. Mr. Weis is willing to venture over four mill ion dollars in the future of Edenvale and Eden Prairie on a building whi . would be an asset in any community. As reflected in your planner's report, the site has been well done and the project is well planned. All adjacent property owners have expressed support for the project and no objections have been raised by any member of the community with the exception of Jerry Ringray of King's Forest who cannot possibly see the site from his home. This building will pay well over $100,000.00 per year taxes opposed to 1973 taxes of less than $2,000.00 on raw land. This will certainly contribute far more in benefit to the Village and school district than the services which will be required by these units. The property improvements are charged back to the site. A question of fire equipment necessary to service this building has been brought up. The taxes paid by this project alone will be able to purchase your necessary f i re equipment whi ch will be requi red whether this project is constructed or not. In the event the Village turns down this project this site in which we have a commitment from you wili be very di fficul t to market. It will surely have to go for a three story frame non-fireproof project at a higher cost per unit if density is reduced. This seems inconsistent with what the Village and we have stated that we want. That is quality construction at the lowest cost. There seems to be a feeling by some people in the Vil lage that Edenva le and other large developments are super flush with cash and that we really do not need all that was promised and are thereby able to pay more than our share of cost and still make abnormally high profits. Let me assure you that our investment of over seven mill ion doliars in your town carries an extremely high risk and the money that is generated from sales carries this project. The extremely high interest costs, tremendous load of municipal improvements, delays in sales because of lack of mortgage avail- abi i i ty and the lack of confidence in builders relying on our approved Page 3 ' densities, make it imperative to market land at or very near to our densities to come out. This is the first project where we are asking the maximum density approved by you which for five story bui idings at 13.4 units par acre is extreme ly low. Statements such as we are destroying the rural character of Eden Prat rle and too many units for the site are inconsistent with the firm commitments which you as a communi ty made before Edenvale In ordering major uti 1 i ty programs and in 1969 and 1970 when you approved our plans and embarked on a program of assessing us for these improvements. The idea that because the Village has obligated the land owners to close to 10 mill ion dollars for payment of the ring route does not, in any opinion, change your commitment to allow us to build according to our plan. If because the major center area is committed we must reduce dens sties In other • areas then please cancel the tremendous assessment which you plan on levying against Edenvale for the ring route. Wi thout the support of the Village on our shopping center, or the Master's condominium project and other projects which we will be bringing before you these assessments cannot be paid. We will continua to try to present quality const ruction projects to you and I hope the Village will consider themselves fortunate to have people like Edenvale and Thee Preserve to help pay the way. Yours truly, EDEN LAND CORPORATION onald R. Peterson Pres i dent DRP/po r T.V. Y�9�Ci., V1 �1., NIS o...II Kyv.L C��..� � rpk. e-) No4`9 efl�A IN&G)M\46- ‘-‘k \ gaiV). 0%/-1/4Ccar ") `cM UN.�,... Ne., v..-4.., � sC O��o Jvu�A Cao r Ci i. 1 QIIV1 - A IJ c 0. Goyv.?aAtt\rlka CN.N \,,j-OckN Ns‘-%kkcs,-& 11, Nsh. kl\t• L Vt-t- 1\14.Vcs 1/44 \ VSiW ���.. WL,--).T � b. % \tprN4A 4•A Cod 1 v-' tk Aug @Q;4 AL:b� te\:: cvN\v„k & Q 14\ (\.%\$k\N)q)-'1 ki ‘k\r .\iNv-wislIsNALG,, \tlf• .%4Stk-- sk).)%k-a‘ i`ke*IV \J•s4 K‘f17?`"Ns2' VV .'\ \\C)\\ . ..��, .. ..w.. f e Public Works Phone 935-3381 320 Washington Av.South,Hopkins,Minnesota 55343 HGNN@PIN COUNTY September 6, 1973 Mr. Robert P. Heinrich, Village Manager Village of Eden Prairie 8950 Eden Prai rie Road Eden Prairie, Minnesota 55343 Re: Speed Zoning on CSAH 4 Dear Mr. Heinrich: The Hennepin County Board of Commissioners, by resolution, requested the State Highway Commissioner to conduct a speed study on CSAH 4 for purposes of determining the safe and reasonable speed limit. This traffic i nvestigation has been completed, and we are submitting a copy of the report for your information. The analysis indicates that the present speed zoning is reasonable and proper. We have recently received copies of accident reports from Mr. Jack Hacking, Director of Public Safety. These are being analyzed whether they relate to the posted speeds on CSAH 4. The results of this accident study will be submitted to the Minnesota Highway Department. Sincerely, Sarhuel Fisher. C e Traffic Engineering Section SF:pj Encl. cc: Herbert O. Klossner Richard Sullivan, MHD Dennis Hansen "^"• 1,�., * riamb• ,STATE OF MINNESOTA DEPARTMENT OF HIGHWAYS ST. PAUL, MINN.:U'a1 55155 August 15, 1973 Mr. Herbert O. Klossner Hennepin County Engineer 320 Washington Avenue South Hopkins, Minnesota 55343 • In reply refer to: 370 Speed Zoning CSAH 4(Eden Prairie Road) CSAH 13 (Dayton and French Lake Road) Hennepin County Dear Mr. l0.ossner: We have completed an engineering and traffic investigation on the above— referenced county roads as requested in resolution 73-6-30 adopted by the Board of County Comaissionere on June 19, 1973 and have determined the reasonable and safe speed as follows: County State Aid Highway 4 35 miles per hour from the me feets south with h County oun lane. Sate Aid Highway 3 to a point approximately 5 40 miles per hour from the Last above-mentioned point to a point approxi- mately 350 feet south of Park Terrace Drive. 50 miles per hour from the Last above-mentioned point to the intersection of Trunk Highway 5. County State Aid Highway 13 60 miles per hour daytime, 50 miles per hour nighttime, from the inter— section with Trunk Highway L52 northerly to the south corporate limits of Dayton. 30 miles per hour from the Last above-mentioned point to the intersection with County State Aid Highway 12. • Mr. Herbert O. Klossner August 15, 1973 p. 2 The establishment of the above limits, therefore, is approved, and this will authorize the installation of proper speed-limit signs which shall • be in accordance with the N.innesota Manual can Uniform Traffic Control Devices. "11/ Traffic er • Approved: �/ PP 1 Go Liss finer Highways v cc: S. Fisher • • • 01' trocz 2 N!AUG �131c P'".'f4 trot, 1wj ry•p.5.:4d�.pp Nir 4 '11. .r 1 • ( . r , OELUO CORPORATION 80X 16040 ELMW00D BRANCH • MINNEAPOLIS,MINNESOTA 55416 SIC-370-0220 CMc11IION P.ONUNIt G VI..MtideM.AdminisbMn•Sotvicet August 28, 1973 Mr. Robert P. Heinrich, Village Manager Village of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 i Dear Mr. Heinrich: It will be necessary for us to have sewer and water brought to the Gelco Anderson Lakes site as per our recent conversation. It will be necessary for these utilities to be ready for use no later than June 1 , 1974. Thank you for your help. Very truly yours, Eme on P. reenberg ` EPG:pr cc: Mr. Ray Geiger Parker Klein 430 Oak Grove Minneapolis, Mi nnesota 55403 r VILLAGE OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA A RESOLUTION APPROVING FINAL PLAT OF ATHERTON 3RD ADDITION WHEREAS, the plat of Atherton 3rd Addition has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the Village plan and the regulations and requirements of the lams of the State of Minnesota and ordinances of the Village of Eden Prairie. NOW, THEREFORE, HE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDEN PRAIRIE: A. Plat Approval Request for Atherton 3rd Addition is approved upon compliance with the requirements of the Engineering Report dated September 7, 1973. B. Variance is herein granted from the requirements of Village Ordinance No. 93 waiving the maximum time elapse of 6 months between approval of the preliminary plat and filing of the final plat. C. That the Village Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by ASA 462.358, Subd. 3. D. That the Village Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and Village Manager are hereby authorised to Execute the certificate of approval on behalf of the Village Council upon compliance with the foregoing provisions. ADOPTED by the Village Council on September 11, 1973. Paul R. Redpath, Mayor ATTEST: SEAL John D. Frane, Clerk w. rt _ _;s ... . • VILLAGE OF EDEN PRAIRIE, MINNVESOTA • ENGINEERING REPORT ON FINAL PLAT TO: Mayor and Village Council FROM: Carl Jullie, Village Engineer THROUGH: Robert Heinrich, Village Manager DATED: September 7, 1973 SUBJECT: ATHERTON 3RD ADDITION GENERAL: Them developers, Atherton Townhouses and Newtown Development, Inc are requesting Village Council approval of the final plat of Atherton 3rd Addition. This is a townhouse development located north of Chestnut Drive between Mitchell Road and E-W Parkway. HISTORY: Zoning to RM 6.5 was finally read and adopted on April 11, 1972, per Ordinance No. 170. The preliminary plat of Atherton 3rd was approved by the Village Council on July 25, 1972 per Resolution No. 548. The final plat now submitted for approval is in essential confor— mance with the approved preliminary plat. There will be 29 units in this 3rd Addition, making a total of 86 units as approved by the 1st, 2nd and 3rd Additions combined. VARIANCES: A variance will be necessary from the requirements of Village Ordinance No. 93 waiving the maximum allowable time elapse of 6 months between approval of the preliminary plat and filing of the final plat. This variance is justified because the developer has proceeded with construction on a reasonable schedule. LTfILITIES AND STREETS: All units will be served by municipal sanitary sewer, watermain and storm sewer. Chestnut Drive will have bituminous surfacing with concrete curb and gutter. PARK DEDICATION: The overall requirements for park dedication within the Mitchell Heights P.U.D. have been properly planned per the Village Parks and Recreation Director. BONDING: All streets and utilities within the plat will be privately owned and maintained. Therefore, no bonding for these improvements will be necessary. ATHERTON 3RD ADDITION FINAL PLAT REPORT PAGE 2 RECOMENDATIONS: Recommend approval of Atherton 3rd Addition subject to the following: 1. Conformance by the developers with all requirements of this report. 2. Council approval of variance from Ordinance 93 waiving the maximum 6 month time elapse between approval of the preliminary plat and filing of the final plat. 3. Review and approval of the Tillage Attorney of the Rams- , owners Association covenants for this report. 4. Receipt of fee for Village services in the amount of $1,450.00. 5. All utility construction shall be completed according to approved plane and specifications prior to release of the signed hardshella and enabling resolution. Respectfully submitted, Carl J. Jull e, P.E. Village Engineer CJJ s jr ......._______._7 \,\ \ \•,17:7\ C_} ii \ ':( II: 1,i1 ....., .% • • \ I. N ,11!::;) \ f•-i•.-' I .-,\!._.:::i! ( 1 .,. ../ \ / it I 0 \\ ----" ,,,-7r---1-7.- • ( .., -.0 r _ •,--__ ___--- - :LiLl vicx5Q, 6 • "--1 Oliqiiiii Ai • ggi N 11 • VIalli 1 1 •SUN 1111 ise li)11, i 11.;'1/11 '''.. 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I. .e, •. .. 11 1 le oe ,/ 11,rtHis . . ...,, ,,, r -41 , 1 :I / -'-- ---'-------- I r ti EDEN PRAIRIE, M•1INNESOTA Change Order No. 2 Date 9/6/73 Project: Sanitary Sewer and Watermain Improvements Contractor: Peter Lametti Construction Company • f Completion: Date November 1. 973 (final1 Sam (Previous) (Revised) Description: - ADD (See Attached sheet for Description) • .- Item 1 • . „ 2 • . . 0 3 . . 11 4 • „ „ 6 _5 TOTAL ADD - 62,754.69 DEDUCT • General under_-run of all items - • 16,495.6D 1 DIET DEDUCT /13,740.91 It is mutually agreed that this Change Order is in accordance with the above • Contract dated September 26, 1972 and that the change in the work described herein will be accomplished in accordance with the provisions • of the Contract and that the Contract amount will be (AiltrOd0E1) (decreased) in • the amount of Thirteen thousand seven hundred forty and 91/100ths Dollars • i ($ 13,740.91 ) as full compensation for all work under this Change Order and that the Contract completion date will be extended 0 calendar days/ herefore.//2/ _ Consulting Engineer✓ Date —Village Engineer Date / s— 9 -7'- r (77 6 Village Manager Date Contractor • ate /r COST ESTIMATE CHANGE ORDER #2 PART A Item 1 - Extra Services (Trunk System) • Lower 6" San. swr. service on Westgate Blvd.- $242.39 • • Locate and clean ex. valve box on TH 5 - 100.00 Repair water service on Westgate Blvd. - 250.00 Total Item 1 -Add . . . . . . . .• . . . $ 592.39 • Item 2 - Extra Services (Lateral System) Install 30" Hydrant Extension-Co. Rd. #4 - 126.55 • • • Cut gas service whereastreet lowered 27.50 • Total Item 2 -Add . . . . . . 154.05 PART B Item 3 - Subgrade Correction Material on Fuller Road ..38-7 T on . . . . . . . . . . 135.45 Item 4 - Crushed Rock on Loncoln Lane 206.4 Tons @$5.30/Ton . . . . . . . . . . . . . . . . . .1,093.92 Item 5 - Spillways on Lincoln Lane , . . . . . . . . . . . . . . . . 129.40 Item 6 - Extra Services ' Install 48' S.D. on Lincoln Lane, adjust one manhole and 2 valve boxes - 357.84 Locate extra deep watertnain - 291.64 • Total Item 6 -Add 649.48 TOTAL ADD . . . . . . . . . . . . . $2,754.69 Telephone.825-6851 ' CARL BOLANDER & SONS CO. EXCAVATING AND ROAD CONTRACTOR 2933 PLEASANT AVENUE MINNEAPOLIS,MINNESOTA 55408 OfCI+� September 6, 1973 Mr. Carl jullie Village Engineer village of Eden prairie 8950 County Road. No.4 Eden Prairie, Minnesota 55343 Res Request for Overtime Work Romart Site, Eden prairie center Dear Sirs We have been awarded a contract by Homart Development Company for Site Grading the proposed Eden prairie shopping center site. Plans for this center have been approved hr the W 11yge_Council and a proper permit for the work has beers issued by the village. Terms of the contract and plans requires compliance of Watershed. Dietricte and the Department of Natural Resources regulations as well as laws and ordinances of political_ sub- divisions in authority. It is our desire to carry on our work lawfully and with the least disruption possible to the immediate neighborhood. Job requirements laid down by Homart call for partial completion schedules in September and October of this year that will be impossible for us to meet without double-shifting of the grading equipment. This will require a variance from the 'working hours specified in the permit. We hereby request that working hours be extended to a limitation from 6s 00 am to midnight daily except Sundays with no second shift on Saturday night either. At the end of the fall construction season we will_no longer need extended working hours.. This job is Sor site grading only with no materials leaving the work site. Tractors and mobile scrapers are the basic machines involved. Top- no it will be stockpiled as a noise barrier at the northeast corner of the site. Choice of remote filling areas during the late shift will minimizes disturbance. Other steps will be taken as situations arise where we can improve the operation. it is our hope that this variance can be granted so that we can fulfill our obligation to the Developer and also double the workmen on the job during [! this fall season that is so critical in this type of operation. 7f4urs tru f nald G. Olmstead cos Kr. James SPinkse Homart Development Co. r', Mr. Dale Hamilton, Suburban Engineering Co. We are an Equal Opportunity Employer 74)2 • GEGR GE M. HANSEN COMPANY Cer•Ii/ice Pali Arnrnfswu • 17a SOUTH PLAZA BUILDING WAYZATA IOULSVARD AT HIONWAY 100 MINN[APOUs.NINIHIIOTA 55411 P+f(oy"IT 114e41214e II•'_, Mr. Robert Heinrich, Village Manager Village of Eden Prairie 8950 County Road 4 Eden Prair ie, Minnesota 55343 Dear Mr. Heinrich: Under the terms of our professional liability insurance coverage, CPA's are nos, required to indicate the scope of their engagement in a letter to their client. CPA's are also required to indicate that the CPA's examination of financial statements, ordinarily for the purpose of indicating that the statements are fairly presented, will not necessarily discover fraud or defalcation. although the application of generally accepted auditing procedures may uncover such situations. Accordingly, we are now required to send you the enclosed letter and ask that one copy be signed and returned to us. We believe it serves a good purpose in better acquainting you with the scope of the work performed by your auditors. Vary truly yours, 277414— • i I GEORGE M. HANSEN COMPANY • Grti/ia!Public Acc mN.n I TO MOUTH►LAZA BUILDING WAYLITA DOUL*VAIID AT HIGHWAY 100 MINNEAPOLIS.MINNBUOTA 0041 B 140.200e • The Village Council Village of Eden Prairie 8950 County Road 4 Eden Prairie,Minnesota 55343 • Gentlemen: We are currently planning our fall and winter work program and wou ld appreciate an indication that we may be invited to conduct the 1973 audit of the Village as we have in past years. We propose to conduct a limited general audit and issue our opinion on the basis of such an audit. A limited general audit is an examination which consists of a review of internal cons 1, .cwuutiva procedures end of the details of all records, including subsidiary records and supporting data as to ma thematical ac- curacy, propriety and completeness of all transactions on a test basis. The test examination presumes that the items selected are representative of all the transactions. • _ Although a United general audit is the one most frequently used today, it will not necessarily discover fraud or defalcation. However, should fraud or defal- cation exist, it may be uncovered as the result of one or more of the procedures applied on a test basis. As in previous years, we plan to do as much work before the year end as poasible so that we may present our report at an early date. We have enjoyed our relationship with the Village during the past years and hope that we may be allowed to conduct the 1973 audit. Very truly yours, JGM:jla J. Gregory Murphy, Partner i • Accepted by the Villege of Eden Prairie � I Title Date • EDEN PRAIRIE LIONS CLUB y�+T1 EDEN PRAIRIE,MINNESOTA 33343 rU 6761 Tartan Curve • Eden Prairie, Minn. Sept. 5, 1973 • Mr. Robert Heinrich, Village Manager Alen• Prairie Village Hall 8950 Eden Prairie Road Eden Prairie, Mimi.. Dear Mr. Heinrich, heck from the Eden Prairie • Lions Club for the amount of $200.00. This amount has been designated by our club for the purchase of 40 signs which read, "Caution, Children at Play - Eden Prairie Lions Club." We are happy to be of service to the conmunity in providing these signs to help protect the children of Eden Prairie. Sincerely, The Eden Prairie Lions Club Robert J. Nielsen, Secretary �aY -A7:744(.1_aiwty-- r.. • '13-169 CORRIDOR CO?F iTTEE" 503!Past 98th Street rlocatrltcz, d..na. 55420 TO: Friends of the:linuaesota Valley IS: Government Operntio3e Ccanittee Hearing Septaber 17, 1973, iloraancale State J..=ior College Dear Friends: We will. host the House and Senate Govern-rent Operations Committee*for a tour and dinner on :•ionday, September 17, 1973. They will hold their joint hearing at 7:30 P./I. in the Concert Auditorium, doraradals State Junior College, 98th & Prance. Please try to be there that night. We need to demonstrate our support for the llennepin-Scott Toll Authority bills, S.P. 1944, H.F. 2243. Sincerely, Halter Uarbeck Guinean fit`t bt. *WI awl; uNt -cM M� -t' e.A , I CLERIC'S LICENSE APPLICATION LIST September 11, 1 973 FLUt iL I tIG CONTRACTOR (tiULTI-FNiILY "Rt.) Wayne Plumbing &Heating August Cederstrand Co. Hopkins Plumbing& Heating Beaudry Plumbing& Heating Co., Inc. Stant Plumbing &Heating Dale Johnson Plumbing Peterson Plumbing & Heating GAS FITTERS Cl ima to Engi neering Co. Domes tic heating Co., Inc. UTILITY SERVICE Hopkins Plumbing& Heating Spring Plumbing Co., Inc. Stant Plumbing&Heating Wenzel Plumbing & Heating Inc. Metro Sewer L Hater Co. REFUSE& GARBAGE COLLECTION Able Sanitation Inc. SCAV IIIGER Roto-Rooter Sewer Service Co. Root-O-Vatic Sewer Service Co. HEATING & VENTILATIOtI Thomas G. Shandley i Domestic Heating Co., Inc. SEWAGE DISPOSAL SYSTEM INSTALLER 1 Del ano Excavating, Inc. COi1TRACTOR'S (l&2 FAMILY uncres omes o winnesota, Inc. Donald 0. Getz,Duilder Peter 11. Loscheider,Inc. These licenses have been approved by the program head responsible for the licensed activity. v- nne w tf—�erk } • VILLAGE OF EDEN PRAIRIE FINANCIAL REPORT September 1, 1973 Cash Balances: General and Special Revenue Funds $ 370,036 Capital Projects (Improvements) 248,014 Park Acquisition and Development 203,818 Debt Service Funds 1,567,585 Utility Funds 99,952 As of 8/31/73 $2,489,405 Disposition of Cash: Repurchase Agreements $ 350,000 Certificates of Deposit 1,990,000 Cash in Bank (per Book) (500) Government Securities 149,905 As of 8/31/73 $2,489,405 Expenditures presented for approval at the Council meeting of September 11.1973 total $462,025.17. These expenditures will be met by the following sources of funds: Cash in Bank 9/7/73 $3 ,500 15,500 5 Certificate of Deposit 146,525 Repurchase Agreement $462,025 VI8