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HomeMy WebLinkAboutCity Council - 10/14/1975EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 14, 1975 COUNCIL MEMBERS: Vg4/0-1 7:30 PM, CITY HALL Mayor D. W. Osterholt, Joan Meyers, Billy Bye, Wolfgang Penzel and Sidney Pauly City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Frane; Director of Community Services Marty lessen; Engineer Carl Jullie; Joyce Provo, Recording Secretary COUNCIL STAFF: INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. PUBLIC HEARINGS A. Flying Cloud Airport Master Plan (Continued Public Hearing). H. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 295, reauest for rezoning from Rural to Industrial for Modern Tire ()051 Flying Cloud Drive) and Energy Systems (9025 Flying Cloud Dri_A_Lej, Page 1053 B. 2nd Reading of Ordinance No. 296, request by Stanle_y_ Page 924 & Riegert, Prairie Lawn & Garden, to rezone approximately 1143 1 acre from Rural to Commercial for a lawn and garden store. The Site is located north of T.H. 5 across from Fuller Road's intersection with T.H. 5. III. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by George M. Hansen Company to conduct the 1975 Audit of the City of Eden Prairie (continued from 10/7/75). B. Request from John Prueter, Attorney representing . Elizabeth Hanley, to leave the Bryant Lake Park roadway unbarriceded. IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of City Engineer 1. Receive feasibility report for utilities and street improvements on Forest Hill Road extended east of Edenvale 6th Addition, I.C, 51-273. Page 1208 Page 1220 Council Agenda - 2 - Tues. ,10/10/75 A. Report of City Engineer (continued) 2. Resolution ordering hearing for vacation of that portion of West 78th Street east of T.H. 169 laying between Lot 12, Auditors Subd. No. 335 (Wye Cafe site) and the Eden Prairie Center Addition, subject to easements for existing utilities. 3. Resolution authorizing the Commissioner of Highways to act as the City's agent regarding Federal requirements for the F.A.U. bikeway/pedestrian trail project along County Road 4. 4. Final plat approval for Mill Creek 5th Addition. 5. Consider change order for bituminous overlay on Mitchell Road from Highway 5 to Scenic Heights Road, Project STR 74-3-081, I.C. 51-270A. B. Report of Planning Director 1. Comprehensive Guide Plan Consultants. C. Report of Director of Community Services Page 1222 Page 1224 Page 1225 Page 1228 1. Recommendation of Parks, Recreation & Natural Resources Page 1229 Commission on request for City participation on Snowmobile Trails. 2. Recommendation of the Parks, Recreation & Natural Resources Commission on regulation of gravel operators in the City of Eden Prairie. 3. 1975-76 Mini-Rink Skating Program. 4. Set public hearing for Purgatory Creek Open Space Corridor Study. 5. Recommendation of the Parks, Recreation & Natural Resources Commission on policy and procedures for park land dedication or cash in lieu of land. Page 1230 Page 1235 Page 1238 Council Agenda - 3 - Tues. ,I0/10/75 D. Report of City Manager 1. Food Handling Ordinance. 2. Sign Ordinance. E. Report of Finance Director 1. Payment of Claims Nos. 7782 - 7902. V. NEW BUSINESS ADIOURNMENT Page 1250 October 14, 1975 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1045 RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT CONTRACT 51-273 WHEREAS, a report prepared by Rieke, Carroll, Muller Assoc., Inc. has been given by the City Engineer to the City Council o n O c t o b e r 1 4 , 1975, recoymending the following Lyviovuments to wit: I.C. 51-273, Utilities and street improvements on Forest Hill Road extended east of Edenvale 6th Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OR EDEN PRAIRIE: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Sec. 429.011 to 429.111, at an estimated total cost of the improvement as Shown. 2. A public hearing shall be held on such proposed improve- ment on the 4th day of November, 1975, at the City Hall in the City of Eden Prairie at 7:30 o'clock P.M. The City Clerk shAll give published and mailed notice of such bearing on the improvements as required by law. ADOPTED by the Council of the City of Eden Prairie on David W. Osterholt, Mayor A TTEST : SEAL John D. Frans, Clerk a20 October 14, 1975 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1046 RESOLUTION ORDERING HEARING FOR VACATION OF THAT PORT/ON OF W. 78TH ST. EAST OF T.H. 169 LAYING BETWEEN LOT 12, AUDITOR'S SUBD. NO. 335 AND THE EDEN PRAIRIE CENTER ADDITION BE IT RESOLVED, that the Eden Prairie City Council conduct a public hearing at the City Hall at 7:30 P.M. on the 4th day of Nov- ether, 1975, to consider the vacation of the following described street right-of-way: All that part of West 78th Street lying northerly of and adjacent to the northerly line of the plat of Eden Prairie Center Addition, Hennepin County, Minnesota, lying westerly of the southeasterly ex- tension of the northeasterly line of Lot 12, Aud- itor's Subdivision N. 335, to its intersection with the northerly line of Eden Prairie Center Addition and lying easterly of a line parallel with and 75 feet easterly of the centerline of United States Highway No. 169-212, said centerline being the one on file and of record October 9, 1975. BE IT FURTHER RESOLVED, that the City Clerk be directed to give the proper legal notice of such hearing including publication once in the City's official newspaper at least two weeks prior to the bear- ing date and posting of said notice at two public locations within the City. ADOPTED by the City Council on David W. Osterholt, Mayor ATTEST: SEAL John D. Frane, Clerk 122 7- I Main Office 571-6066 6875 Highway No. 65 N. E. , Minneapolis, Minnesota 55432 890•6510 Slolutcah ClOffiffce Road Burnsville, Minnesota 55337 UBLIRESAN NOINEERINO INC Civil, Municipal & Enviranntental Engineering Land Surveying • Land Planning • Soil Testing October 9, 1975 WEST 78TH STREET TO BE VACATED All that part of West 78th Street lying northerly of and adjacent to the northerly line of the plat of Eden Prairie Center Addition, Hennepin County, Minnesota, lying westerly of the southeasterly extension of the northeasterly line of Lot 12, Auditor's Subdivision Number 335, to its intersection with the northerly line of Eden Prairie Center Addition and lying easterly of a line parallel with and 75 feet easterly of the centerline of United States Highway Number 169 and 212, said centerline being the one on file and of record October 9, 1975. October 14, 197$ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1047 RESOLUTION AUTHORIZING THE COMMISSIONER OF HIGHWAYS TO ACT AS THE CITY'S AGENT REGARD- ING FEDERAL REQUIREMENTS FOR THE F.A.U. BIKEWAY-PEDESTRIAN TRAIL PROJECT ALONG CO. ROAD 4, PROJECT MIS 75-9-15 BE IT RESOLVED, that the Commissioner of Highway s b e a n d he hereby is authorised and requested to take su c h s t e p s a n d p e r f o r m such acts on behalf of the City of Eden Prairie as may be necessary to have the construction an improvement of the b i k e w a y - t r a i l p r o j - ect, hereinafter described properly approved by t h e F e d e r a l H i g h w a y Administrator as a Federal-Aid Urban project el i g i b l e f o r t h e e x p e n d - iture of federal funds thereon and eligible for p r e s e n t c o n s t r u c t i o n and the letting of a contract therefore. Said p r o j e c t c o n s i s t s o f a n eight (8') foot wide bituminous bikeway and ped e s t r i a n t r a i l a l o n g Hennepin County Road 4 from the north Eden Prairie City limits to 'Hennepin County Road 1. ADOPTED by the City Council on David W. Osterholt, Mayor ATTEST: SEAL John D. Frame, Clerk Ocotber 10, 1975 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION' NO. 1046 A RESOLUTION APPROVING FINAL PLAT OF MILL CREEK 5TH ADDITION WHEREAS, the plat of Mill Creek 5th Addition has be e n s u b m i t t e d in the manner required for platting land under the E d e n P r a i r i e O r d i n a n c e Codes and under Chapter 462 of the Mizmwerota Statu t e s a n d a l l p r o c e e d i n g s have been duly had thereunder, and WHEREAS, said plat is in all respects consistent w i t h t h e C i t y p l a n 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 o r T H E C I T Y O F EDEN PRAIRIE: A. Plat Approval Request for Mill Creek 5th Addition i s a p p r o v e d upon compliance with the recommendation of the cit y E n g i n e e r ' s Report on this plat dated October 9, 1975. B. Variance is herein granted from City Ordinance No. 9 3 . S e c , 8 , Subd. 1, waiving the six month maximum time elapse b e t w e e n t h e approval date of the preliminary plat and filing o f t h e f i n a l plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a c e r t i f i e d c o p y of this Resolution in the office of the Register o f D e e d a n d / o r Registrar of Titles for their use as required by N S A 4 6 2 . 3 5 8 , Subd. 3. D. That the City Clerk is hereby directed to supply a c e r t i f i e d copy of this Resolution to the owners and subdivide r s o f t h e Above named plat. E. That the Mayor and City Manager are hereby authoriz e d t o E x e c u t e the certificate of approval on behalf of the City C o u n c i l u p o n compliance with the foregoing provisions. ADOPTED by the City Council on David W. Osteitolt, Mayor ATTEST: SEAL John Franc, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT: Mayor Osterholt and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer October 9, 1975 Mill Creek 5th Addition PROPOSAL: Hustad Development Corporation is requesting Final Plat Ap- proval for Mill Creek 5th Addition. This addition consists of 12 townhouse units ranging from 3 to 5 units per cluster. This is a re-platting of Outlot A, Mill Creek 1st Addition located south of Pioneer Trail and west of Purgatory Creek. HISTORY: The Mill Creek PUD concept plan was approved by the City Council on March 27, 1973, per Resolution No. 668. The Preliminary Plat was approved March 27, 1973, by the City Council through Resolution NO. 669. Zoning to RM6.5 was approved by the City Council April 10, 1973 per Ordinance No. 135. The Final Plat now submitted for approval conforms with the approved Preliminary Plat. VARIANCES: A variance from City Ordinance NO. 93, Sec. 8, Subd. waiving the six month maximum time elapse between the approval date of the Preliminary Plat and filing of the Final Plat will be necessary. UTILITIES AND STREETS: Sanitary sewer, watermain and storm sewer have been installed and approved within the development. Concrete curb and gutter and bituminous paving will be installed in accordance with City standards. PARK DEDICATION: No public park or open space dedication is required under this platting. BONDING: The City will not be responsible for roadway maintenance within the Plat, therefore not additional bonding will be re- quired. RECOMMENDATION: Recommend approval of the Final Plat of Mill Creek 5th Addition, subject to the contents of this report and receipt of fee for engineering services in the amount of $360. TO: Mayor Osterholt and members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE : October 9, 1975 SUBJECT: Bituminous Overlay on Mitchell Road Project STR 74-3-081, I.C. 51-270A In July of 1974 the City Council ordered a bituminous overlay on Mi t c h e l l Road from T.H. 5 to 200' south of Scenic Heights Road. This overla y w o r k was to be included with a larger City project involving turning lan e s a n d widening on T.H. 5 and the traffic signal at Mitchell Road. Subseq u e n t l y , the State Highway Department agreed to make the widening and traffi c s i g - nal installation together with the comprehensive spot safety improv e m e n t program now under way on T.H. 5. The Mitchell Road overlay project w a s then left to be included with the Scenic Heights Road and East-Wes t P a r k - way projects, scheduled for bids in the early spring of 1976. Upon r e v i e w of the existing conditions of Mitchell Road south of T.H. 5 and th e l a r g e increase in traffic volumes becalise of the new M.T.S. Company access road to Mitchell Road and continuing development in the Red Rock sector, it is apparent that a bituminous overlay on Mitchell Road south of T.H. 5 t o Scenic Heights Road (approximately 1/2 mile) should be peAprtakpn t h i s f a l l if at all possible. Accordingly, it is recommended that the City C o u n c i l approve a change order to I.C. 51-278 (paving project in Edenvale a r e a ) i n the amount of $25,000 for widening to 26' wide and a 2" bituminous overlay on said length of Mitchell Road. Also proposed mould be a 2* overlay o n t h e temporary portion of Baker and Mitchell Road from the intersection w i t h n e w Valley View Road north to Old Valley View Road. Keeping this stre t c h o f roadway in good driving condition may help to lower traffic volum e s o n G o l f View Drive and Kingston Drive, through the Edenvale and King's For e s t n e i g h - borhoods. The City's MSA funds would be the funding source for the proposed o v e r l a y work. An assessment hearing in the fall of 1976 would determine any bene- fits to abutting properties. CJJ:kh MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor and City Council Marty jessen, Director of Community Services Request for City Participation in Snowmobile Trails October 10, 1975 On Monday, October 6, 1975, the Parks, Recreation & Natural Resources Commission passed a motion as follows concerning the request: "Helmer moved to recommend to the Council to go ahead with Snowmobile Club proposal, pending approval of landowners concerned. Upton seconded, motion carried unanimously. Garens asked for a point of clarification on whether we would back them as far as trail goes with permission of landowners. Helmer responded that this is the intention in the motion." The attached report to the Commission outlines some of the concerns that this proposal generates. MI:JP Enc. MEMORANDUM TO: Mayor and City Council FROM: Marty jessen, Director of Community Services SUBJECT: Gravel Operations in Eden Prairie DATE. October 9, 1975 BACKGROUND INFORMATION: A total of seventeen gravel operations have been permitted within the C i t y over the years. All but one of these pits have been located in Section s 1 , 2 , 3, 10, 11, 12, or the northeast corner of the City. The seventeenth pit w a s operated in Section 16 near the Char Lynn plant, but that pit has now b e e n abandoned. Five gravel operators have applied for permits in 1975, again all in the northeast corner of the City. THE CITY'S ORDINANCE: Each of the gravel operations was granted a permit under Ordinance N o . 1 9 2 , regulating the excavation of earthly deposits and land alteration with i n t h e City. The ordinance cites as its reason:the fact that gravel pits "usuall y r e s u l t in lasting disfigurement of places where they are carried out and thus t e n d t o Interfere with existing land uses in nearby areas and to discourage fu r t h e r permanent development of the surrounding properties and to impair adeq u a t e planning for municipal development". When making application for a permit the applicant must provide certain information required in the ordinance, including: 1. A topographic map of the proposed pit or excavation area. 2. A topographic map showing the proposed plan contours of the land after the gravel operation is completed, including the proposed method of impoundment, water use for washing, and a development, grading, drainage and planting plan. The development plan must be in conformance with the City's zoning ordinance and must encompass at least 25 acres even if the proposed mining area consists of an area less than 25 acres. 3. The estimated period of time that the pit will be operated. 4 • A performance bond based -on the City's estimate of restoring the property to the final grade and finished elevation as shown on the topo map furnished by the applicant. TO: Mayor and City Council Page Two 5. Ecological and environmental evaluation of the affect of the proposed mining on adjacent land uses, including delineation and evaluation of vegetation. The ordinance provides that should gravel operations cease for a perio d o f s i x months, the applicant shall regrade the area, restore topsoil, sod, seed a n d plant the materials as stated in the application for permit and in accord a n c e with final plans agreed upon by the City. Another provision of the ordinance is "to insure that the grading plan appr o v e d by the City Council is being followed, the City Manager may make at the e x p e n s e of the person or firm operating the pit those field measurements that the M a n a g e r deems necessary to assure that the approved grading plan is being follow e d " . The" fee for a mining permit varies from $50.00 to $500.00, depending on t h e a m o u n t of the excavation anticipated. The annual license fee also varies from $ 5 0 . 0 0 t o $500.00, based on the same factor. The performance bond required for r e s t o r a t i o n varies from $10,000 to $50,000 depending on the extent of excavation pro p o s e d a n d as it relates to the City's estimate of said restoration. The applicant is f u r t h e r required to provide proof of liability insurance in the mount of $100,000 , $ 3 0 0 , 0 0 0 , $50,000 coverage for injury to one person, injury for one accident and p r o p e r t y damage respectively. OTHER MTV'S ORDINANCES We have reviewed ordinances regulating mining from a number of munic i p a l i t i e s throughout the metropolitan area. Most require that the applicant for a m i n i n g permit submit topographic data, drainage data, proposed topographic da t a a n d other information pertinent to the excavation operation. Most also requ i r e a performance bond and certificates of insurance. One area where there i s a g r e a t deal of variation is in the area of fees, both application fees and the an n u a l license fees. The following chart shows a comparison of fees for grave l o p e r a t i o n s for seven metropolitan area municipalities. CHART 1 Municipality Apple Valley .1 11 Eden Prairie Application Fee $775.00 $850.00 $1,150.00 $ 50.00 $ 250.00 $ 500.00 Annual License Fee $375.00 $500.00 $750.00 $ 50.00 $250.00 $500.00 Comments 250,000 - cu.yds. 250,000 to 500;000 cu.yds. 500,000 4- cu. yds. 25,000 - cu. yds. 500,000 - cu.yds. 500,000 + cu.yds. Edina $ 25.00" $ 25.00/for 2 years TO: mayor and City Council Page Three Municipality Application Fee Annual License Fee Comments Eureka Township $15 or $2.50 for each 1,000 cu.yds., whichever is greater Forest Lake Maple Grove Shoreview 1/2/cu. yd 'extracted $1,250.00 $100 for 1st 1,000 cu.yds. and $50 for each additional 1,000 cu.yds. or any part thereof THREE CASE HISTORIES: I have reviewed the files relative to three graveling operations within the City. These were: 1. B & R Rock - Bill Pearson 2. Astleford , Carter, Hagen & Ma son 3. Herlive Hello It appears that at no time have any of the three operators ever prepared an ecological and environmental evaluation of the effect of the proposed mining as required in the ordinance. All three of these pits began operation in 1965 or earlier subject to the provisions of Ordinance No. 36, which has since been amended. A contract between the Village of Eden Prairie and the gravel operators spells out some general terms and conditions regulating the mining operation, primarily things like hours of operation, roads to be used for hauling, grading, slope requirements, etc. Some of the contracts are properly executed by City officials, others are not. The contracts generally provide for the excavation to occur over a large area (the entire ownership of the applicant) and do not specify the total term of the operation. A number of continuation permits have then been issued for each of these operations. A couple of handwritten field inspections conducted by Village staff in 1966 and 1967 indicate that the operators were not meeting all of the requirements of the contract and had left too steep slopes, water impoundments, etc. There also are indications in the file that the operators have paid their annual permit fees late and at times operated without permits. Since 1967 there is no evidence that the City has used the provision in the_ordinance which provides for site inspection at the operator's cost to insure that he is meeting the requirements set forth under mining ordinance. • TO: Mayor and City Council Page Four `VI4f 7121'1":”E'C'0)iiii`isi,"hil)sAt";'/W`n It appears that the ordinance regulating excavations, pits a n d r e m o v a l o f e a r t h l y deposits (Ordinance No. 142) provides the necessary requir e m e n t s t o i n s u r e g o o d gravel operations and restoration of the area once mining i s c o m p l e t e d . T h e requirements for ecological and environmental evaluation s h o u l d a l l o w f o r a v e r y thorough analysis of the impact of mining on natural reso u r c e s a n d o t h e r a s p e c t s of the community. The requirement for inspection at the ex p e n s e o f t h e o p e r a t o r enables the City to be sure that all of the requirements se t f o r t h i n t h e l i c e n s e a r e met. A procedure to insure that these major provisions of t h e o r d i n a n c e a n d s e v e r a l of the more minor provisions are met seems to be the key t o s u c c e s s f u l l y r e g u l a t i n g gravel operations within the community. The fees charged appear to be lower than many around the m e t r o p o l i t a n a r e a . The $50,000 restoration bond may prove to be insufficient , g i v e n t h e m a g n i t u d e of some of the gravel pits within the community and the in c r e a s i n g c o s t o f restoration work - particularly grading, sodding and land s c a p i n g . T h e g r a v e l operators have not, however, submitted complete informa t i o n w i t h r e s p e c t t o restoration in most cases, thus it is probably a little diffi c u l t t o e s t i m a t e t h e costs of whatever restoration work might be required. Given the information as stated above, the Parks, Recreatio n & N a t u r a l R e s o u r c e s C o m m . suggests the following be considered for enactment with r e s p e c t t o g r a v e l o p e r a t i o n s within the City: 1. Prior to the issuance of any gravel licenses for 1976, the City should require that each of the provisions of Ordinance No. 142 be satisfied, particularly those requiring proposed land development plans covering the mining sites and ecological and environmental evaluations of the effect of the proposed mining. 2. That policy be adopted whereby the pits are inspected on an every six month basis to insure that the operator is living up to all of the requirements of the permit as established by the City Council at the time of issuance, and consistent with the information submitted in the application. This work is to be done at the expense of the operator and to be completed by an outside consulting firm which has the capabilities of surveying, engineering, and landscape architecture. The restoration bond requirement of the ordinance be app l i e d more rigidly based on a careful evaluation of the restoration plan for the pit as provided by the applicant when request i n g a license for gravel operations. /233 - TO: Ma yor and City Council 'Fags Five 4. The permit fees for gravel operations be Increased from the present rate to .O5< per cubic yard removed, as determined by the field inspections. 5. That inactive pits be restored as soon as possible as provided for under the terms of their permit application and bond requirements. Application of these recommendations may prove to be quite difficult. There appears to be some legal precedent holding that an existing operation may be exempted from application of new requirements. Basically what the court states is that the gravel pit owner purchased the entire gravel bed contained within the limits of his property for the purpose of mining it, and the court looks to the circumstances of the regulatory municipal law at the time that the owner purchased the property. The possibility of municipal regulation on the basis of public nuisance thus this may be the point at which enforcement of the ordinance can take place. MEMORANDUM TO: Mayor and City Council PROM: Marty lessen, Director of Community Services T. SUBJECT: 1975-76 Mini-Rink Program DATE: October 10, 1975 On Monday, October 6th, the Parks, Recreation & Natural Resources Commission took the following action on the attached memo recommending a 1975-76 Mini-Rink Program. IM:JP Attachment 1.135 ' Page 2 MEMO Proposed 75-76 Program Parameteus 1. City to lease 2. Neighborhood to prepare site. 3. City to make ice and flood once a week. 4. Neighborhood to clean ice for daily use. 5. Neighborhood to light if desired. 6. City will not provide supervision. NJ:bq 10/3/75 MEMORANDUM TO: Mayor and City Council FROM: Marty lessen, Director of Community Services SUBJECT: Park Dedication Requirements DATE: October 9, 1975 At the Monday, October 6th meeting, the Parks, Recreation and Natural Resources Commission passed a motion recommending the adoption of the attached as the City's policies and procedures for evaluating development proposals with regard to park dedication or cash in lieu of land requirements. MidP Enc. REPORT TO: Parks, Recreation, and Natural Resources Commission FROM: Marty Jessen, Director of Community Services A. SUBJECT: 'Parkland Dedication Requirements DATE: August 15, 1975 Recently in the development of the Capital Improvement Progra m , w h i c h prompted the bond referendum of l'uly 22, a good deal of time was spent discussing needs of the City for community and neig h b o r h o o d parks and playgrounds. Several people have expressed a vari e t y o f opinions in this regard, including: * The City should secure more "usable open space". * The City has taken too much swampland in dedication. * The City ought to require more cash for neighborhood playgrounds from the developers. * The City should develop a policy in regard to mini-parks within neighborhood developments. * The City should protect all wetlands and floodplains within the community. * There should be a ballfield within each development proposa l i n the City. Recently in an attempt to review development proposals based o n s o m e standardized method, we have suggested a new approach to th e p a r k l a n d dedication requirements. This approach is predicated on rece i p t o f c a s h from developers,equal to the amount of demand created as mea s u r e d by number of people anticipated in the development proposal. Br i e f l y , the estimated cost for providing a neighborhood playground facil i t y i s $250,000.00. Such a facility would serve approximately 4,000 p e o p l e and each development is assessed a percentage of $250,000.00 e q u a l to the percentage of people, compared to the total users whic h e q u a l 4,000. This formula has been applied to the Olympic Hills dev e l o p m e n t proposal and accepted by them as a valid City concern and requ i r e m e n t . - 1 - 039 - 2 - This report will attempt to summarize some of the pros and cons associated with the various requirements the City might impose. ORDINANCE REVIEW On February 28, 1967, the then Eden Prairie Village Council passed Ordinance No. 93, regulating the subdividing of land within the Village. One of the requirements placed on developers was for public open space. The requirement was as follows; The owner of land being subdivided for residential uses shall be required to convey to the Village for public purposes a minimum of 5% of the area being platted or subdivided, said land being suitable for public use as parks and playgrounds; ' or the owner may at their option contribute an equivalent amount in cash to the Village. Cash contribution to be based on 15% of the Assessor's full and true value of the land being subdivided. The Ordinance further required as follows drainage ways: Whenever Riley Creek, Nine Mile Creek, or Purgatory Creek are contained within the preliminary plat, a park drainage way measuring 100 feet each side of the center line shall be dedicated to the Village. On September 11, 1973, the Council adopted Ordinance No. 230, amending Ordinance No. 93, as it pertained to dedication for public parks and playgrounds and open space. The revised ordinance sets forth the following requirements: The owner of land being subdivided shall be required to convey to the Village for public use as parks, playgrounds, open space or storm water holding areas, a reasonable portion of each proposed subdivision, or the subdivider may contribute an equivalent amount in cash based on the fair market value of the undeveloped land, provided the cash payments received shall be placed in the special fund by the City and used only for the acquisition of land, development of existing lands, and debt retirement in connection with land previously acquired for such public purposes. The Council setting forth the reasonable portion of each proposed subdivision to be dedicated to the public for public use may take into consideration the open space, park, recreational or common areas and facilities which the subdivider has provided for the exclusive use of the residents of the subdivision. You will notice that the major changes in this requirement are as follows: I. All land being subdivided is now subject to the requirement, whereas previously only residential subdivisions were subject to the Ordinance. /Ago -3- 2. The Council determines what is reasonable, not the developer. 3. There is no yardstick for cash in lieu of land dedication. 4. The Council may now take into consideration the private open space included in the development. PASSIVE VERSUS ACTIVE RECREATION SPACE One of the major issues in the land dedication requirements as indicated at the beginning of this memo is the one related to active versus passive recreat i o n a l land. Should the subdivider of land be required to set aside significant natur a l resources and features on the land, i.e., floodplains, wetlands, woodlands, steep slopes, etc., and receive credit for these in fulfilling the requirements of the ordinance, or should that subdivider of land be required to instead, or i n addition provide active play spaces for the future residents of the community . Both are important to the future appearance and livability of Eden Prairie. Passive "unused" open space is of great visual amenity to the community in addition to fulfilling natural functions. As example, flood water storage in the case of wetlands and floodplains, wildlife habitat in the case of woodlands and undeveloped slopes, etc. On the other hand, active recreationa l space for utilization by the residents is also critical to the livability of Eden Prairie. Today there is a great shortage of areas for intense recreational use, thus a costly capital improvement program to acquire and develop lands for the s e purposes is required. GOALS The City's open space plan considemboth natural undeveloped park space as w e l l as those areas required to provide for the active formal and informal recreation requirements of groups and individuals on a neighborhood and community-wid e b a s i s . A balance between the two can and should be struck in applying the parkland dedication requirements. For example, natural areas can be protected to fulfi l l a natural function as well as providing the opportunity to be utilized for trailw a y s during passive recreational pursuits. This could be particularly true in cases where the drainage way dedication is required along the creeks. The Neighborhood Facilities Study spelled out requirements for compliance wi t h t h e City in regard to active recreation space. At the neighborhood level, land dedic a t i o n should be secured when it is consistent with this plan. In all other cases the subdivider must be required to make a cash contribution. It is suggested here the goal of the land dedication requirement in the City ordinance would be to protect natural features on lands to he develope4 to provi d e trails through residential neighborhoods, and to provide active neighborhood recreation space. The provision of community-wide recreation facilities such as community parks and playfields (as defined in the classification system) should be financed through bond issues, grants and other community-wide sources of funding rather than attempting to secure enough money from developer dedicatio n to meet all of the recreation needs of the City. 14 1 12,q1 IMPLEMENTATION APPROACH Each development proposal should be reviewed to assure compliance with the goals previously stated: I. To protect the natural features of the sites through dedication or open splice easements. 2. To provide non-motorized traasportational modes, such as bikeways and hikeways. 3. To provide active recreation space of neighborhood scale (as defined by the classification system), either through dedication of lands consistent with the Ofty's park plan or through cash in lieu of land dedication for this purpose. AU three requirements will be assessed in determining the obligation to be assumed by the subdivider. "Density trade-offs" will be encouraged in an effort to fulfill the first two goals. The cash or land dedication requirements for active recreation space will be computed, using a formula to allocate costs based on an annual reassessment of the estimated cost for providing neighborhood play facilities. In addition to neighborhood playground facilities, the developer will in cases of residential development be required to provide mini-parks for active recreation within the development. SUMMARY Attached are separate pages attempting to spell out standards and details for implementation of the goals referenced in this report. These include standards for mini-parks, standards for active play space dedication, and some outline of review in regard to trailways and natural resource protection. Finally there is e brief summary of how review might occur to arrive at the proper obligation for a developer. - 5 - MINI-PARKS 1. Goals .. To provide neighborhood play space within the housing development. .. To minimize cost to the City, thus reducing tax liability. 2. Standards .. Size --2 acres or less. .. Function -- Provide opportunity for recreation use while limiting access problems to the greatest extent possible. .. Types of use — totlots, plaza, small scale "informal" playfield. .. Equipment — swing sets, slides, and other playground apparatus; benches, shuffleboard, multi-purpose hard surface courts, etc; 250' x 250' playfteld grass area (no backstops or other "formal" equipment). .. Ownership -- preferably Homeowners Association. City may own. Maintenance -- Hoemowners Association. 3. jmolementation .. To be set aside by developer at no cost to the City. .. To be developed by developer or homeowners association. — .. Maintenance -- City. 3. Implementation City to acquire through dedication or purchase using cash-in- , Equipment -- large field game spaces (300' x 300'plus with infields), tennis courts, hard surface play areas, playground \ ow apparatus, lights for skating and hockey boards, service building. 0 NEIGHBORHOOD PLAYGROUNDS 1. Goals To provide space for recreational igctivity within 1/2 mile radius of every residential unit. .. To develop facilities capable of supporting intensive use by the public. .. To meet active recreational needs, as well as providing a park-like atmosphere including buffer-space between activity areas for passive recreational pursuits. 2.% Standards .. Size -- 10 to 25 acres. Function -- primarily for active recreation but also limited "passiveuareas. Access to the areas must be easily achieved. Types of Uses -- Formal and Informal athletic activities (youth softball, baseball, football, hockey, etc.), tennis, creative play, etc. lieu of land money. City to develop through cash-in-lieu of land money. 1241/ - 7 - NATURAL RESOURCE PROTECTION 1. Goals .. To protect significant natural resources from development encroachment. .. To minimize excessive floodplain filling and slope grading. 2. Standards .. Size -- not applicable. .. Function -- resource protection. .. Types of uses -- natural functions and linear recreational uses (Hikeweys and Bikeways). Equipment -- trails if applicable. .. Ownership -- City if of large scale. Possibly Homeowners Association if smaller scale. .. Maintenance -- City to determine and carry out management plan. 015 - 8 - TRAILWAYS 1. Goals .. To provide safe access to neighborhood and community facilities. .. To incorporate natural resource protection where appropriat e . 2. Standards .. Size -- of adequate width to accommodate recreational travel Anticipated (especially non-motorized). Function -- primarily access to neighborhood playgrounds and mini-parks. .. Equipment -- surfaces adequate to fulfill intended purpose and consistent with criteria of Bikewailllikeway Task Force Report. .. Ownership -- City or homeowners association, in which c a s e public right of passage to be assured through easement. .. Maintenance -- City if major trailway, homeowners if a feeder trailway. PROCEDURE FOR EVALUATING DEVELOPMENT PROPOSALS I N E D E N P R A I R I E A S THEY RELATE TO THE OVERALL CITY PARK, RECREATION, A N D N A T U R A L RESOURCES PLANNING Goal a To serve as a basis for the Parks, Recreation and Natu r a l R e s o u r c e s C o m m i s s i o n to use in making reasonable decisions in evaluating the P a r k , R e c r e a t i o n , and Natural Resource aspects of land development prop o s a l s i n t h e C i t y . • Objectives 1. To insure the orderly completion of the Eden Prairie Park S y s t e m . 2.. To serve as a tool to be used in acquiring properties i n c l u d e d i n the Park System Plan through dedication. 3. To provide adequate financial resources for the City to ut i l i z e In providing neighborhood playground facilities. 4. To insure the preservation of essential and/or irreplaceab l e n a t u r a l amenties in the City. 5. To coordinate present and/or future recreation facility pl a n n i n g a s it relates to publicly and privately owned facilities. Criteria I. Is the proposal in conflict with the Eden Prairie Park S y s t e m P l a n ? 2. Does the development proposal take into account and atte m p t t o p r o t e c t the natural amenities in the area? 3. Does the proposal provide adequate internal Park and Recr e a t i o n facilities to meet the anticipated mini-park needs of its p r o j e c t e d population. 4. Are proposed, dedicated, open spaces adequate in terms o f s i z e , location, etc., to merit inclusion in the total City Park S y s t e m . 5. Are proposed dedicated open spaces easily accessible to n o t o n l y the residents of the proposed development but also to o t h e r r e s i d e n t s in the facility's use area. 6. Has safe easy access to mini-parks and neighborhood pla y g r o u n d s b e e n provided. 12q1 ••• LU IMPLEMENTATION For residential development, the Park dedication formula w i l l b e u s e d t o determine the developers obligation (the percentage of $2 5 0 , 0 0 0 ) . C r e d i t will be given for aCtive recreation acres dedicated based o n a p e r a c r e value of $5,000. The developer will be expected to provide for and finance m i n i - p a r k s p a c e s (generally one per each 50 units). The developer should be given appropriate density credit fo r s i g n i f i c a n t natural resources protected,based on the ability of the tota l s i t e t o s u p p o r t the density. The developer will provide trailways (6' wide asphalt, gene r a l l y ) w h i c h g i v e safe, easy access for residents of the development to mini - p a r k s a n d n e i g h b o r - hood playgrounds. The City will be responsible for providi n g t h e m o r e m a j o r trails except where the developer agrees to assume this res p o n s i b i l i t y in exchange for other considerations. COMMERCIAL AND INDUSTRIA PROPERTY The developer of commercial and industrial property will b e required to protect significant natural resources and be given appropr i a t e d e n s i t y c r e d i t . In addition, developers of commercial and industrial prope r t y w i l l b e required to dedicate cash-in-lieu of land for the purposes o f f i n a n c i n g p a r k a n d recreation areal and facilities the amountof the cash dedication is still be i n g studied and we will recommend a specific amount at a lat e r d a t e ) . The provision of trailways to appropriate commercial and i n d u s t r i a l d e v e l o p m e n t s will be the responsibility of the developer subject to the sta n d a r d s a n d c r i t e r i a of the Bikeway/Hike -way Task Force Report. CONCLUSIONS The adoption of a plan such as herein delineated would pro v i d e a f i n a n c i a l resource for the City to finance some of the park and recre a t i o n a r e a s a n d facilities needed to meet the recreation needs of most of th e f u t u r e r e s i d e n t s . The assumption is that it would provide monies only for a portion of the total facility needs. No doubt it would not accomplish whatever " c a t c h - u p " w o r k needs to be done in existing neighborhoods, nor would it f i n a n c e a l l f a c i l i t i e s of a community-wide nature. One obvious drawback of such a plan is that the money is r e c e i v e d o v e r a l o n g period of time. Constant updating of the fees would be ne c e s s a r y . T h e possibility of bonding some improvements in anticipation o f r e v e n u e s h o u l d b e explored. For example, maybe after 50% of the anticipate d u s e r s ( r e s i d e n t s ) are present a bond might be issued to finance the facility d e v e l o p m e n t a n d repaid as the remaining 50% of the users occur. Careful a n a l y s i s a n d projections would have to proceed such an approach. Collection of the obligation (Park fee) could take place at an y n u m b e r o f p o i n t s in the process. At the building permit stage probably is m o s t d e s i r a b l e f r o m a developers standpoint, but keeping fees current may pose a problem (the building permit might be issued years after development a p p r o v a l ) . A n inflationary factor (interest) could be applied to minimize t h i s p r o b l e m . October 10, 1975 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 12-31-74 5729 09-19-75 7738 09-22-75 7782 INSTY-PRINTS 09-22-75 7783 METROPOLITAN WASTE CONTROL COMMISSION 09-23-75 7784 PUBLIC EMPLOYEES RETIREMENT ASSOC. 09-23-75 7785 UNITED FUND 09-23-75 7786 UNITED STATES OF AMERICA 7787 FEDERAL RESERVE BANK 77 COMMISSIONER OF REVENUE 7789 ELEANOR HOLASEK 7790 VOID CHECK 7791 POSTMASTER Postage for newsletter 175.07 7792 BULLSEYE RELOADING Ammunition for Public Safety dept. 54.75 7793 ROGER ULSTAD Expenses 365.00 7794 POSTMASTER Postage for meter 900.00 7795 ALEXANDER CONSTRUCTION CO. Refund for deposit on plans & specs. 10.00 7796 POSTMASTER Postage for utility bills 45.84, 7797 DONNA STANLEY Services for August 141.06 10-03-75 7798 JOHN & MARY SCROGGINS Payment for easement-Lochanburn area 960.00 10-06-75 7799 NORTH HENNEPIN COMMUNITY COLL. Field inspection school for Jim Zaic 43.75. 7800 PUBLIC EMPLOYEES RETIREMENT Employees withheld & employer ASSOC. contributions 10-3 3,615.64 10-07-75 7801 MINNESOTA VALLEY SURFACING Refund of deposit on plans & specs. 10.00 7802 UNITED WAY Donations withheld 10-3 61.27 7803 FEDERAL RESERVE BANK Withheld taxes 10-3 3,607.27 7804 EARL & MARGARET SMITH Relocation assistance 10,418.55. 10-10-75 7805 ASSOCIATED WELL DRILLERS Equipment parts 6.72 7806 ATLANTIS SCIENTIFIC Book for planning dept. 5.46 7807 AWARDS, INC. Trophies - Sports program 56.50 7808 ACTION REDDY RENTS Equipment rental for water dept. and I for drainage 51.00: 7809 NORTH AMERICAN LIFE Employees insurance 160.76: 7810 LIZ ARONILA Refund on yoga class 12.00' 7811 A & H WELDING Equipment parts 5.80, 7812 AMERICAN WATER WORKS ASSOC. Books for water dept. 22.50 7813 BANISTER SHORT ELLIOTT HENDRICKSON & ASSOC. Engineering services-Bryant Lake swr. 9,069.06 7814 BATTERY WAREHOUSE, INC. Equipment parts 58.20 7815 BURNER SERVICE & COMBUSTION CONTROLS CO. Service on water plant equip. 178.90 — 7816 B.R.W. Services for planning dept. 850.00 1 —.7817 BITUMINOUS ROADWAYS, INC. Asphalt repairs 384.001 7818 BRAUN ENGINEERING Services- Bryant Lake Swr & Valley View Rd. 3,353.60 7819 BRAUER & ASSOC., INC. Services- Scenic Hgts., Scenic Hgts. upgrade & E. W. Parkway 3,772.271 7820 CROWN RUBBER STAMP Nameplates 19.511 7821 CHANHASSEN AUTO PARTS Equipment parts 64.391 •••n•••fr Void out check (1.00 Void out check . (79.00--- Forms-Public Safety dept. 19.80 I Reserve capacity charge-August 6,435.00 Employee withheld and employer contributions 3,619.36 Donations withheld 61.27 Census 3,315.00 Withheld taxes 9-19 3,614.08 Withheld taxes 9-19 3,468.95 Contract for deed payment 27,135.00 /Aso October 10, 1975 10-10-75 7822 CITY OF EDINA 7823 CADILLAC PLASTICS 7824 CURTIN MATHESON SCIENTIFIC 7825 CERTIFIED LABORATORIES 7826 DIRECTOR OF FINANCE 7827 BARBARA DANIELSON 7828 DALCO 7829 DORHOLT PRINTING 7830 JEAN EGAN 7831 EDEN PRAIRIE TRANSPORTATION DEPT. 7832 EDEN PRAIRIE COMMUNITY NEWS 7833 ENABLERS 7834 ELK RIVER CONCRETE PRODUCTS 7835 JOHN FRANE 7836 FOSS PRINTING 7837 FRANZ ENGINEERING REPRODUC- TIONS, INC. 7837 FRONTIER LUMBER 7839 GORDON SMITH CO. 7840 GLIDDEN PAINT 7841 GENERAL SPORTS 7842 GUY'S AUTO SUPPLY, INC. 7843 JUNE HANSON 7844 HENNEPIN COUNTY 7845 HENNEPIN COUNTY 7846 HENNEPIN COUNTY 7847 HENNEPIN COUNTY 7848 RICHARD HOLLOWAY 7849 HOWARD NEEDLES TAMEN & BERGENDOFF 7850 HOPKINS DODGE, INC. 7851 JANSKI & GIBSON 7852 MARTY JESSEN 7853 CARL JULLIE 7854 LOUISE JOHNSTON 7855 KOKESH 7856 KOSS PAINT CO. 7857 LORNA LISELL 7858 LAYNE MINNESOTA CO. 7859 LINHOFF 7860 LEEF BROS., INC. 7861 ROBERT MARTZ 7862 MIDWEST ASPHALT 7863 METROPOLITAN ANIMAL PATROL 7864 MIDWEST ASPHALT 7865 METRO PRINTING 7866 METROPOLITAN FIRE EXTINGUISHER 7867 MCCARTHY WELL CO. 7868 MINE SAFETY APPLIANCES CO. 7869 MINNECASCO 7870 RONALD D. ANDERSON 7871 NORTHERN STATES POWER 7872 NORTHWESTERN BELL TELEPHONE Lab test on water Materials for teen center proj. Lab supplies for water dept. Pipe insulation spray-Water dept. Disclosure of tax exempt property Expenses Cleaning supplies-Water dept. Services Expenses Services for summer transportation Ad for gym instructor Subscriptiongrogram dept.' Supplies for drainage control Expenses Printing services4rogram dept. Services-State aid road fund Supplies Fuel Paint for ball fields Sports program supplies Equipment parts Expenses Taxes on park property Fire radios Board for prisoners Supplies for Public Works dept. Health inspection services for June & July Services-Ring Route Equipment parts Services-Park dept., Zylka prop. Expenses Expenses Refund on recreation class Trophies-Program dept. Paint for teen center Expenses Repairs to Well #2-Water dept. Film-Planning dept. Laundry services Expenses Refund on specs. Sept. services Asphalt Envelopes & newsletter printing Recharge extinguishers Performance check on wells Oxygen indicator-Water dept. Services Replacement of tree Services Services 24.00 743.50' 31.40 55.20 2,919.00 4.80, 39.10 77.73 4.20- 491.76 4.80 3.00 120.71 23.90 483.75 81.12 64.87 166.66 44.40 61.64 29.11 4.65 779.07 525.00 108.00 307.93 387.50 16,930.841 164.62 200.00 104.15 107.38 4.00 40.00 37.83 21.24 1,294.90 2.65 21.05 [ 117.95 10.00 329.25 268.40 261.00 12.00 40.00 185.05 13.07 79.00 1,433.97 219.47 /25f 46.0C 9.6C 1,600.0C 24.1C 53.5: 6,543.4E 17.07 4.2C 97.5C 2,284.0C 88.1C 11,313.0E 23.9 , 2.5z 57.6E 514.57 2.7E' 4.0C 105.0C_ 143.9C 63.8C 34.32 871.9 - 225.9U 218.5C 1,460.0C 500.00 6.3 78. 622.4E1 10-10-75 7873 7874 7875 7876 7877 7878 7879 7880 7611 7862 October 10, 1975 Services Employee pop Expenses Services-Lochanburn area Expenses First aid supplies-Fire dept. Sept. services Services-Homart temp. traffic signal, & Ring Route Repairs to pipes-Water dept. Services-Woodland & Martin Dr. Ads for gym instructor Lime trough vent-Water dept. Equipment parts Rock-Public Works dept. Supplies-Public Safety dept. Services-Ring Road Tennis instruction services October expense Flag Expenses Service Equipment parts Sept. services Final payment & acceptance of Round Lake picnic pavilion Services-picnic pavilion Expenses Ad for bids Sales tax report for Sept. 7883 SOUTHWEST PLUMBING 7884 SUBURBAN ENGINEERING 7885 SUN NEWSPAPERS 7886 SEELYE PLASTICS, INC. 7887 SUBURBAN AUTO ELECTRIC 7888 W. G. PEARSON 7889 TEAM ELECTRONICS 7610 TWIN CITY TESTING 7891 DAN THOMPSON 7E12 ROGER ULSTAD 7893 VAUGHN'S 7844 SANDY WERTS 7895 XEROX CORPORATION 7896 ZIEGLER, INC. 7897 ELIZABETH JOHNSON 7898 WILLARD EGGAN CONST., INC. 7899 ARCHITECTURAL OFFICES 7900 BECKI QUERNEMOEN 7901 CHAPIN PUBLISHING 7902 COMMISSIONER OF REVENUE OUTDOORSHAN, INC. Ammunition for Public Safety DAVID OLSON Expenses PERBIS, HARVEY, SIMONS & THORFINNSON PEPSI-COLA BOTTLING CO. JAMES RICHARDSON RIEKE-CARROLL-HULLER ASSOC. ED SHERM&N STATE TREASURER DONNA STANLEY STATE OF MINNESOTA TOTAL 141,968.5E