HomeMy WebLinkAboutCity Council - 06/01/1976JOHN FRANE
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 1, 1976
COUNCIL MEMBERS:
COUNCIL STAFF:
7:30 PM, CITY HALL
Mayor Wolfgang Fenzel, Billy Bye, Sidney
Pauly, Joan Meyers and Tim Pierce
City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Dick Putnam; Finance
Director John Frane; Director of Community
Services Marty jessen; Engineer Carl Italie;
Joyce Provo, Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE
ROLL CALL
1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS.
II. PUBLIC HEARINGS
A Forest Knolls 2nd Addition, request by Don Peterson and
Wilbur Gjersvik to rezone from R1-22 to RI-13.5, and preliminary
plat 12 lots. The site is located south of Mariann Drive and
east of Forest Bill Road.
B. Proposed street imnrovements on Preserve Boulevard from East-
West Parkway to Schooner Boulevard, I.C. 51-282.
C. Anderson Lakes Condominium site from RM 2.5 to Rural. The
12 3/4 acre site is located at the Intersection of Co. Rd. 18 and
1 -494 on the north shore of Anderson Lakes.
III. ORDINANCES & RESOLUTIONS
A. let Reading of Ordinance No. 308, providing fer a permit to
operate Fire Hydrants and Valves on the City Water System
and providing a penalty for violation thereof.
B. 2nd Reading of Ordinance No. 317, approving the rezoning to C-
Reoional Service for the 4 auto dealerships and public areas
for Condon/Naeuele Realty.
IV. REPORTS OF OFFICERS BOARDS & COMMISSIONS
A. Reports by Council members.
Page 2453
Page 2461
Page 2472
Page 2473
Page 2474
City Council Agenda - 2 - Tuesday, June 1, 1976
IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (continued)
B. Report of City Attorney
I. Discussion on Planned Study Districts.
C. Report of Finance Director
1. Clerk's License List.
V. NEW BUSINESS
VI. ADJOURNMENT.
Page 2501
M 1NUTE S
EDEN PRAIRIE PLANNING COMMISSION
Monday, April 26, 1976
approved
7:30 PM City Hall
V. REII-M1 AND RECCNMENDATIONS
A. Forest Knolls 2nd, by Donald Pete
r
s
o
n
a
n
d
W
i
l
b
u
r
G
j
e
r
s
v
i
k
.
R
e
q
u
e
s
t
f
o
r
preliminary plat approval for 14 lots
a
n
d
r
e
z
o
n
i
n
g
f
r
o
m
R
1
-
2
2
t
o
R
1
-
1
3
.
5
The plat is located south of Mariann
D
r
i
v
e
a
n
d
e
a
s
t
o
f
F
o
r
e
s
t
H
i
l
l
R
o
a
d
.
A coetinued public hearing.
The planner stated the staff believes
t
h
e
p
l
a
t
w
i
l
l
a
c
c
o
m
m
o
d
a
t
e
a
n
y
f
u
t
u
r
e
r
o
a
d
alignment to Raker Road and is recommending approval of the prelim
i
n
a
r
y
p
l
a
t
a
n
d
rezoning to 111-13.5 .
Mr. Peterson said he and Mr. Gjersvik
,
b
e
c
a
u
s
e
o
f
c
o
n
c
e
r
n
s
r
a
i
s
e
d
b
y
t
h
e
c
o
m
m
i
s
s
i
o
n
- and residents, decided to drop 2 lo
t
s
(
1
o
n
e
i
t
h
e
r
s
i
d
e
o
f
F
o
r
e
s
t
H
i
l
l
R
o
a
d
)
,
m
a
k
i
n
g
the plat a total of 12 lots not 14. Peterson then stated he is opposed to
e
x
t
e
n
d
i
n
g
Mariann Drive to Prairie View Drive.
Schee asked how many lots were belo
w
1
1
1
-
2
2
a
n
d
t
h
e
s
i
z
e
o
f
t
h
e
s
m
a
l
l
e
s
t
l
o
t
.
Mr. Peterson estimated the smallest l
o
t
t
o
b
e
1
2
6
'
x
1
3
4
'
.
,
a
n
d
s
t
a
t
e
d
1
0
o
f
t
h
e
1
2
lots are below R1-22 size.
Sorensen believed the intent of zon
i
n
g
-
d
i
s
t
r
i
c
t
R
1
-
2
2
i
s
n
o
t
m
o
r
e
t
h
a
n
2
l
o
t
s
per acre, and this plat is not compr
i
s
e
d
o
f
s
o
m
e
l
a
r
g
e
l
o
t
s
,
b
u
t
s
m
a
l
l
l
o
t
s
i
n
a large tract.
Pauly asked what would prevent furt
h
e
r
d
i
v
i
s
i
o
n
o
f
t
I
m
p
l
a
t
.
Peterson stated
site constraints and access would m
a
k
e
f
u
r
t
h
e
r
d
i
v
i
s
i
o
n
d
i
f
f
i
c
u
l
t
.
Sorensen questioned if the utility s
e
r
v
i
c
e
p
l
a
n
s
,
a
s
d
i
s
c
u
s
s
e
d
o
n
t
h
e
l
a
s
t
p
a
r
a
-
graph of page 3 of the engineer's rep
o
r
t
,
s
h
o
u
l
d
b
e
s
o
l
v
e
d
p
r
i
o
r
t
o
a
c
t
i
o
n
o
n
the plat.
The planner felt the utility service wo
u
l
d
b
e
n
o
p
r
o
b
l
e
m
a
n
d
s
u
c
h
p
l
a
n
s
w
o
u
l
d
b
e
prepared prior to Council action.
Sorensen asked if any members in the
a
u
d
i
e
n
c
e
h
a
d
q
u
e
s
t
i
o
n
s
o
r
c
o
m
m
e
n
t
s
.
N
o
questions or comments were raised.
Motion 1:
Lynch moved, fw.noeht seconded, to
c
l
o
s
e
t
h
e
p
u
b
l
i
c
h
e
a
r
i
n
g
o
n
t
h
e
F
o
r
e
s
t
Knoll); 2nd Addition . The motion carri
e
d
U
n
a
n
i
m
o
u
s
l
y
.
Motion 2:
Lynch moved, Fosnocht seconded, to r
e
c
o
m
m
e
n
d
t
o
t
h
e
C
i
t
y
C
o
u
n
c
i
l
a
p
p
r
o
v
a
l
o
f
t
h
e
• rezoning request from 11I-22 to 11I
-
1
3
.
5
p
e
r
t
h
e
p
r
e
l
i
m
i
n
a
r
y
p
l
a
t
d
a
t
e
d
4
-
2
0
-
7
6
for the 12 lot plat. The motion carr
i
e
d
6
:
1
w
i
t
h
S
o
r
e
n
s
e
n
a
b
s
t
a
i
n
i
n
g
.
Motion 3:
Lynch Nnved, Fosnocht seconded, to recommend to t
h
e
C
i
t
y
C
o
u
n
c
i
l
a
p
p
r
o
v
a
l
of the
preliminary plat for Forest Knolls 2n
d
A
d
d
i
t
i
o
n
d
a
t
e
d
4
-
2
0
-
7
6
a
s
p
e
r
t
h
e
e
n
g
i
n
e
e
r
'
s
report dated 4-21-76 amid a varianc
e
f
r
o
m
t
h
e
n
o
r
m
a
l
2
l
o
t
s
/
a
c
r
e
.
F
u
r
t
h
e
r
recommend that the developer's agre
e
m
e
n
t
c
o
n
t
a
i
n
a
p
r
o
v
i
s
i
o
n
t
h
a
t
l
o
t
s
1
B
2 in
Block 1 win not he further divided. The motion carried 5:2 with So
r
e
n
s
e
n
a
n
d
Pla •mi
April 0,
V. PETITIONS AND REQUESTS. PUBL1C HEARING
A. Forest Knolls 2nd Addition, by Donald Peters
o
n
a
n
d
W
i
l
b
u
r
G
j
e
r
s
v
i
k
.
R
e
q
u
e
s
t
for preliminary plat approval for 14 lots and
r
e
z
o
n
i
n
g
f
r
o
m
R
1
-
2
2
t
o
R
1
-
1
3
.
5
The plat is located south of Mariann Drive an
d
e
a
s
t
o
f
F
o
r
e
s
t
H
i
l
l
R
o
a
d
.
MT. Peterson informed the commission the lots wou
l
d
b
e
f
r
o
m
1
0
5
-
1
4
0
f
e
e
t
w
i
d
e
,
the division would he possible no matter what
r
o
a
d
e
x
t
e
n
s
i
o
n
i
s
m
a
d
e
t
o
B
a
k
e
r
Road and that he plans to build 1 or 2 lots per year. He explained that
he owns the 8 lots on the northern part of t
h
e
p
l
a
t
a
n
d
M
r
.
G
j
e
r
s
v
i
R
o
w
n
s
t
h
e
lower 6 lots. Peterson stated he has no pref
e
r
e
n
c
e
o
n
t
h
e
r
o
a
d
e
x
t
e
n
s
i
o
n
s
t
o
Baker and Gjersvit prefers Alternate B.
Sorensen asked for the acreage contained in
P
e
t
e
r
s
o
n
'
s
l
o
w
e
r
6
l
o
t
s
.
P
e
t
e
r
s
o
n
responded the acreage is approximately 2.5 .
S
o
r
e
n
s
e
n
t
h
e
n
n
o
t
e
d
t
h
a
t
a
z
o
n
i
n
g
request for R1-13.5 would require a variance.
Mr. Gjetsvik said he would prefer sewer from E
d
e
n
v
a
l
e
a
l
o
n
g
F
o
r
e
s
t
H
i
l
l
R
o
a
d
and hooking up to Therosa Place. He added tha
t
i
n
t
h
e
f
u
t
u
r
e
h
e
w
o
u
l
d
l
i
k
e
to plat - an additional 4 lots to the east of his pres
e
n
t
r
e
q
u
e
s
t
.
Schee questioned why the lots are not being de
v
e
l
o
p
e
d
u
n
d
e
r
R
1
-
2
2
z
o
n
i
n
g
.
Peterson responded that the cost is too high.
Pauly suggested five lots in Blocks 1 and 2 wh
e
r
e
p
r
e
s
e
n
t
l
y
s
i
x
a
r
e
s
h
o
w
n
.
Peterson said it was considered, but the con
f
i
g
u
r
a
t
i
o
n
o
f
6
l
o
t
s
i
s
b
e
t
e
r
and is not inconsistent with what exists in Ed
e
n
v
n
l
e
t
o
t
h
e
w
e
s
t
.
Dr. Wright ,6970 Mariann Drive, questioned if
a
c
i
t
y
a
t
t
o
r
n
e
y
s
h
o
u
l
d
b
e
p
r
e
s
e
n
t
at this hearing and if Mr. Sorensen acts as ci
t
y
a
t
t
o
r
n
e
y
.
Sorensen stated he is not present as an attorn
e
y
f
o
r
t
h
e
c
i
t
y
a
n
d
d
o
e
s
n
o
t
issue legal opinions, and the commission sends
r
e
c
o
m
m
e
n
d
a
t
i
o
n
s
t
o
t
h
e
c
i
t
y
council where final decisions are made and the
c
i
t
y
a
t
t
o
r
n
e
y
a
t
t
e
n
d
s
c
o
u
n
c
i
l
meetings.
Charles Johnson, 13601 Theresa Place, inquire
d
a
b
o
u
t
t
h
e
c
o
n
n
e
c
t
i
o
n
t
o
B
a
k
e
r
R
o
a
d
that would follow Theresa Place. The planner
s
t
a
t
e
d
1
a
l
t
e
r
n
a
t
i
v
e
w
o
u
l
d
f
o
l
l
o
w
Theresa and the Planning Commission at this
h
e
a
r
i
n
g
i
s
c
o
n
s
i
d
e
r
i
n
g
t
h
e
p
l
a
t
t
i
n
g
and zoning request not the roadway alternati
v
e
s
.
H
e
s
u
g
g
e
s
t
e
d
t
h
o
s
e
i
n
t
e
r
e
s
t
e
d
in the road alternatives could contact the st
a
f
f
f
o
r
f
u
r
t
h
e
r
i
n
f
o
r
m
a
t
i
o
n
.
approved
C e x m issioe -6- April 1?, 1976
Dr. Will;ht asked if maintenance problems would arise if the utilities are
placed without streets.
Sorensen stated the staff we.uld he addressing that problem.
Frank Fourre, 13710 Theresa Place, asked if a road plan to connect to Baker
had been approved. Me added that he is against Theresa Place being a through street.
Sorensen responded that the City Council has not taken final action.
Mr. qpheim , Theresa Place , questioned if this platting from R1-22 toR1-13.S
would set a preeendent in the area.
Ron Krueger, 7279 Prairie View Drive, asked if Forest Hill Road was envisioned
to he a throughfare at the time of the Edenvale plat. The planner said no.
John dold,on, 14090 Forest Hill Road, stated he had no objection to the road
alternatives or trafile , but was concerned about safety if the road is extended.
IhOi Smith, 13600 Theresa Place, felt the lot sizes should be retained as is and
not ze.:ecd into smaller lots.
Peterson remarked that the lots were previously zoned R1-22 because no utilities
were available.
Motion:
Schee moved, Fosnenlit seconded, to refer the item to the staff for view and
reconmlidations with particular emphasis on where lots 4 and 5 in Block 2 face
onto lot 1 of Mock 2 , Prairie View . The motion carried unanimously.
CITY OF EDEN PRAIRIE
CHECK LIST FOR REVIEWING PROPOSED
LAND. DEVELOPMENTS
DATE:
4/21/76
DEVELOPMENT: Forest Knolls 2nd Addition L.D. ND.
'LOCATION: North of Prairie View Dr. & Sf
f
i
s
t
_
1
2
1
2
g
r
e
a
t
_
a
i
l
d
REFERENCE P.U.D. OR PREVIOUS
ZONING AGREEMENT:
RES. #.
4
DEVELOPER: Mr. Don Peterson & Mr. Gjersvik
ENGINEER/PLANNER: Landmark pjannina & F440npp
r
i
n
g
DOCUMENTS SUDM1TTED FOR REVIEW: Preliminary Plat (not datedl
PROPOSAL: Developer is requesting Preliminary Plat approval of the sitp
consisting of 14 lots
1. Land Developaent application filed and filing fee & deposit paid
Yee
Copy of application forwarded to Watershed District
Yes
2. Processing Schedule:
a. Planning & Zoning Commission Preliminary
b. Park & Recreation Commission
C. Human Rights Commission
d. Planning Commission Public Hrg.
e. City Council consideration , 4/27/76
f. Watershed District
3. Type of Development Residential (Ra-13.5) 14 Single family detached lots
4. Environmental assessment or impact statement required per Envir
o
n
m
e
n
t
a
l
impact Policy Act of 1973:
No
-2-
5. Present Zoning R1.-22 Single Family
6. Proposed Zoning R1-13.5 (or variance from Present zoning)
consistent with approved P.U.D. or Comp Plan? Yes (Comp. Plan) '
List variances required & setbacks that apply: Variance from approved
zoning or rezoning approval
7. Project Area t 7.1 acres Density 2..0 lots/acre
Public open space and/or cash dedication Caslidedication-required •
Private open space
None
Developer is prepared to dedicate a 10' easement
Trail systems & sidewalks for trail purposes along the east and south limits of the
Range of lot sizes ± 14,000 S.F. (12 lots); t 49,000 S.F. (2 lots)
plat.
9. Preliminary Building Plans Not submitted
10. Representative Soil Borings Not submitted
11. Street System
A. Access to adjoining properties Proposed - see below
B. Type R/W Roadway (Back to Back of Curb)
Private
driveways, no
parking
24
Post no parking signs
Leading to Cul de sacs 50
(not over 1000') &
minor residential
28.
Cal de sacs 100
120
78 (no island)
98 (with island)
Thru Residential (collectors)
& Cal de sacs
over 1000' 60
32
Required
Forest Hill Road extension
Because of existing traffic problems on Kingston Dr., approval of this plat should
be contingent upon the City Council ordering the extension of Forest Hill to Baker
Road throuqh the public improvement process. The roadway surfacing in the
length where utilities arc not installed could be phased to keep the initial costs
at a ninimm. Refer to the report dated 1/23/76 on preliminary road aligmments .
for the neighborhood.
44
28 divided
12
70
100
-3-
ESA
Parkway
Fire Road
Pathways
12
Street grades-max. 7.5%, min. .5%
Concrete curb & gutter required,
Deep strength asphalt design Required
C. Check City's comprehensive street system.
Developer builds 1/2 of parkways at his cost, a R/W dedication
D. Street Names - try to conform with existing in the area. Avoid additional
names on cul de sacs having eight or less lots.
Check list of existing street names. N.A.
E. Private parking lots--B6-12 conc CaO and full depth asph. design
N.A.
P. Street Signs-Developer or City installs
12. Parking: (See ord. #141)
N.A.
Developer purchase; City Install
13. Utility Systems:
A. Sanitary Sewer
(See below)
Available - extension required
1. Service Detail 4" minimum
2. Service to adjoining property
has not been proposed
Service to Lots 5, 6, 7, & 8
B. Watermain: Available - extension required
1. Check Service Design (20 psi at highest fixture)
OK
Fire inspector to review
3. Valving Final design required
4. Compliance with fire code Fire Inspector to review
5. Service to adjacent property
required
' Provision for looping of watermain
Utility & Grading Plans. The proposed sewer and water lines on Forest Hill Road
must be designed for future service to the lots at the end of Mariann Dr. Before
Preliminary Plat approval by the city Council, the developer must submit a grading
and utility plan with special attention to sewer service, lawn and driveway grades
for lots in block 2. Also, some form of landhold agreement will be necessary fqr
thosc lots not to be :cr%en initially with sower & water.
2. Hydrant location-Fire Inspector
- 4 -
C. Storm Sewer & Grading Storm sewer required - Further design necessary
. „
1. Sediment control plan Required
2. Skimming & grit control for commercial parking lots N.A.
3. Positive outlet for drainage ponds
to be reviewed
4; Avoid excessive grading and tree removal
Required'
Arrows showing drainage Not submitted - required
Accomodate drainage from adjacent properties required
6. Denote drainage area for individual inlets and projected high water
for ponds
Not submitted- required
7. Keep drainage in gutters, not in center of street , Required
8. Sod drainage swabs and steep slopes
9. Flood plain encroachment
None
Required
10. Watershed District approval required
11. DNR approval
N.A.
D. Natural Gas & Telephone Underground required
E. Electric (underground)
Required
14. Street Lights & On-Site Lighting
1 Street light required
15. Preliminary plat to be submitted to MHD or Henn. Co. if abutting a
State or County Hwy.
N.A.
None levied, Trink sewer t 16. List special assessments levied and pending
Water
17. Re-zoning agreement required
Yes
Developer's Agreement required
Yes
Title Abstract for Attorney's review
No
0.4 .
June 1, 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1146
RESOLUTION ORDERING IMPROVEMENTS
I.C. 51-282
WHEREAS, a resolution of the City Council adopted the llth day
of May, 1976, fixed the 1st day of June, 1976, as the date for a public
hearing on the following proposed improvements:
I.C. 51-282, street improvements on
Preserve Blvd. from East-West Parkway
to Schooner Blvd.
WHEREAS, all property owners whose property is liable to be
assessed for the making of this improvement were given ten days published
notice of the Council hearing through two weekly publications of the re-
quired notice and the hearing was held and property owners heard on the
1st day of June, 1976,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
Such improvement as set out in Council Resolution of May 11,
1976, and as above indicated is hereby ordered.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Franc, Clerk
MEMO
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Roger Ulstad, City Manager
Carl Jullie, City Engineer
May 27, 1976
New Street Name for East-West Parkway
Following are three suggested alternate street names in lieu of "East-
West Parkway":
Anderson Lakes Parkway
Baker Road
Amsden Parkway
We have attached for your reference a list of names from which new street
names are derived.
CJJ:kh
attachment
TOWN OF HENNEPIN
FOUNDERS - ALEXANDER WILKINS
JOHN H. MCKINZIE
GEORGE BECKER
JAMES A CASE
C. L. FILLMORE
CHARLES WILLIS
C. A. LOVERING
NEARS ABBOTT
D. C. TAYLOR
STREETS IN THE TOWN OF HENNEPIN
INDIAN NAMES:
FILLMORE STREET.
BECKER
DOUGLAS
LAKE
CANAL
MINNETONKA
RICE
MINNESOTA 11
MCCRAY
CHIEF OTHERDAY
CHIEF SHAKOPEE ,
MEDICINE BOTTLE
SHOTO
DAKOTA (SIOUX)
OJIBWAY (CHIPPEWAS
MCKENZIE STREET
DENNISON "
MAIN
MAPLE
ASH
SPRUCE
WILLOW
OAK
ST. PAUL
GROVE
11
MILL 11
PRAIRIE 11
PROSPECT
MURPHY'S FERRY
HENNEPIN LANDING
MONROE BARKER
EZRA PAINE
INDIAN TRIBES
Algonquin
Apache
Arapahoe
Blackfoot
Cherokee
Cheyenne
Chippewa
Choctaw
Comanche
Cree
Crow
Dakota
Erie
Hopi
Iroquis
Kiowa
Mandan
Mohawk
Navaho
Nec Perce
Ojibway
Osage
Paiute
Pawnee
Pueblo
Seneca
Shawnee
Snake
simix
Ute
Walhalla
Winnebago
GRAINS, GRASSES, AND SPICES
Alfalfa
Alsike
Bluestem
Brame
Buffalograss
Clover
ClUhmoss
Crownvetch
Dropseed
Flax
Indian Grass
Ivy
Millet
Rye
Sage
Switchgrass
Timothy
The
*eat
BIRDS
Blackbird
Blue Jay
Bobwhite
Canary
Canvasback
Cardinal
Chickadee
Crow
Dove
Eagle
Falcon
Goldfinch
Grebes
Grouse
Hawk
Heron
Hummingbird
Ounco
Killdeer
Kinglet
Magpie
Mallard
Martin
Meadowlark
Nightingale
Nuthatch
Oriole
Owl
FareritNge
Peacock
Abareammt
Pigeon
Pintail
Ptarmigan
Raven
Redstart
Robin
Snow Goose
Sparrow
Swallow
Tanager
Teal
Thrush
TUrkey
Vireo
Warbler
Waxwing
Whirpoorwill
Wren
Apple
Ash
Aspen
Balsam
Beech
Birch
Bitternut
Boxwood
Cherry
Cottonwood
Crabapple
Currant
Dogwood
Elderberry
Elm
Evergreen
Pirethorn
Hawthorn
Hemlock
Hickory
Holly
Honeysuckle
Jack Pine
Juniper
Laurel
Lilac
Linden
Locust
Maple
Oak
Olive
Pear
Plum
Poplar
Red Cedar
Spruce
Sumac
Sweetfern
Walnut
Willow
CITIES
Quebec .
Hibbing
Echo Valley
Rutledge
Littlefork
Wanamingo
Wahnomen
Norwood
Bowstring
Audubon
Biwabik
Frontenac
Littefork
Nassau
Squaw Lake
Starbuck
Saginaw
Wolverton
Upsala
ANIMALS
Antelope
Badger
Beaver
Bobcat
Buckhorn
Cottontail
Elk
Pawn
Gopher
Jackrabbit
Moccasin
Moose
Ottertail
Prairie Dog
Racoon
Swan
Wolverine
AGERATUM
AJUGA
ALYSSUM
AMARYLIS
APPLE BLOSSOM
ASPASIA
ASTER
BABY'S BREATH
BACHELOR BUTTON
BITTER ROOT
BITTERSWELT
BLUE BONNET
BUTTERCUP
CACTUS
CAMELIA
CAMPANULA
CARNATION
CARNELIAN
CLOVER
COLEUS
COLUMBINE
COREOPIS
COSMOS
CROCUS
DAFFODIL
DAHLIA
DAISY
DANDELION
DELPHINIUM
DIANTHUS
FLAX
GERANIUM
GEUM
GLADIOLUS
GLOXINIA
HELIOTROPE
HIBISCUS
HOLLYHOCKS
HONEYSUCKLE
HYACINTH
IRIS
JASMINE
JOHNNY JUMP UP
LADY SLIPPER
LhNTANA
LAUREL
LEHUA
LILY
LILAC
LOBELIA
LUPINE
MAGNOLIA
MISTLETOE
MOCCASIN
MUM
NASTURSIUM
OCOTILLO
ORCHID
PANSY
PEONY
PETUNIA
PHLOX
POINSETTIA
POPPY
PRIMROSE
ROSE
RHODODENDRON
SEDUM
SNAPDRAGON
STRAW
SUNFLOWER
SWEET PEA
SWEET WILLIAM
SYRINGA
TRILLIUM
TULIP
VIOLET
ZINNIA
EARLY LAND OWNERS
ARNOLD
BALDWIN
BARNARD
BECKER
BENSON
BRACKETT
BRADFORD
BREWER
BROOKS
BROWN
CASSINI
CHAPENING
CHASE
CLARK
COLE
CONNELL
CROWS
CUMMINGS
CURRAN
DERMOLL
DUDLEY
EWING
FELDMAN
FREDERICK
GAMBLE
GIRDS
GIESLER
GOODRICH
HILL
HOLASEK
HULBERT
JARRETT
JOICE
KETIPTON
KING
KNOX
KOOCHERA
KRIEGER
LAMEmAN
LAYMAN
LEIGH
LINDLEY
MARRIOTT
MASON
McCARTY
McCOY
MERGERS
MORAN
MORIARTY
MORRISON
MURPHY
OHM
PAINE
PERRY
POOLE
RAGUET
REICHERT
REIS
RITCHIE
BOBBINS
ROGERS
ROUSE
SCHNUESSLER
SCHMAIDEL
SEILER
SEYMOUR
SHARP
SIDLE
STACY STEDMAN
STEWART
STINSON
STRAIT
SURWE
TAYLOR
TERRELL
THOM
TITUS
TROUTMAN
TRUESDELL
WELLS
WILLIAMS
WILLOUGHBY
YOST
MEMO
TO:
FROM:
DATE:
SUBJECT:
Roger Ulstad, City Manager
Jean Johnson
May 28, 1976
Anderson lakes Condominiums Rezoning
The agreement was executed between McGlynn-Garmaker Co.,
"owners", and the City of Eden Prairie on December 11, 1973.
It changed the zoning from Rural to RN 2.5 for "a one
hundred twenty-one (121) unit condominium project on
twelve and seven-tenths ( 12.7) acres of land located
at the intersection of Co. Rd. 18 and 1-494 on the
north shore of Anderson Lakes,"
Page 2, Number 5 :
If Owners fail to apply for a building permit for said
one hundred twenty-one (121) unit condominium project
within two (2) years from the date of this Agreement, or
if the Owners fail to commence construction of said
condominium project within two and one half (21/2) years
from the date of this Agreement, the Owners will not
oppose a rezoning of said property back to a District Rural
zoning; provided, however, that the Owners will be given
the opportunity to present to the Village Council its reasons
for failing to apply for a building permit or commence
construction within the respective two and two and one
half year time periods, and the Village Council shall in
good faith take into account'the.Owner's reasons for failure
to comply with the terms of this paragraph before making a
decision on said rezoning.
114(*****
Owner is listed in tax records as: McAllister Properties
730 Hennepin Ave
Suite 610
( Owner was notified for Planning Commission
Mpls., Mn. 55403
Meeting-no one showed or contacted office.
Owior was notified on May 21, 1976 of
Council public hearing on item ).
ATTEST:
SEAL
John D. Frane, City Clerk
Published in the Eden Prairie Community News on the
•1 C.!
1-•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 308
AN ORDINANCE PROVIDING FOR A PERMIT TO
0 ,ERATE FIRE HYDRANTS AND VALVES ON THE
CITY WATER SYSTEM AND PROVIDING A PENALTY
FOR THE VIOLATION THEREOF.
THE COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS:" dq „ 5-01-4"“
/4-1,16r
SECTION 1. It shall be unlawful for anyo except authorized City
perL,oNnel, to use or operate ny fire hydrant connected
to the City water system'er -any watermain valve belong-
ing to the City of Eden Prairie without having first
obtained a valid permit issved by the City Manager or
his designated representative.
SECTION 2. Application for such permit shall be made with the City-
Public Works Dept., Utility Maintenance Division. No
permit shall be issued unless the use of the City Fire
Hydrant or Watermain Valves applied for, be consistent
with the public safety and health and will not in any
way impair the ability of the City to provide its regu-
lar services.
SECTION 3. A violation of this Ordinance shall be a misdemeanor
punishable by a fine not to exceed $300.00 or imprisonment
for not more than 90 days, or both.
FIRST READ at a regular meeting of the Council of the City of Eden Prairie
on the _day of , 1976, and finally read, adopted and
ordered published at a regular meeting of the Council of the City of Eden
Prairie on the day of 1976.
Wolfgang H. Penzel, Mayor
Planning Commission Minutes
Unapproved
-4- March 22, 1976
D. Condon/Naegele Auto Dealerships, discussion of items for consideration in
the rezoning agreement. Discussion of Council requests and staff report
dealing with the site plan.
The planner read the items the Council referred to the Planning Commission.
Sorensen asked if the parking of cars would be within structures as suggested
by the Parks, Recreation and Natural Resources Commission.
Mr. Brauer stated the nature of the auto business is such that outside storage
is necessary.
Mrs. Kostecka felt an auto dealership would be more suited to an alternate site
in the City as this site is a "window" to the City of Eden Prairie.
lynch asked if the staff agrees with Mr. Brauer's computation of park land formula.
The planner stated he had not had sufficient time to study the formula used by Brauer.
Sorensen turned the chair over to vice chairperson Richard Lynch.
Motion 1: _ _ _
-Sorensen moved, Schee seconded,to recommend to the City Council that it not approve
the second reading of the ordinance rezoning the 4 auto dealership sites based
on all previous staff reports and the recommendations of the Planning Commission
and Parks, Recreation and Natural Resources Commission. The motion carried
6:0:1 with Pauly abstaining.
Sorensen reassumed the chair.
Motion
Lynch raved, Pauly seconded, that in the event the Council sees fit to ignore
the 1st motion the Planning Commission would recommend that their approval be
based on the criteria in the 3-3-76 staff report.
Discussion:
Schee was against approving any criteria since the commission is so opposed to
the rezoning for many reasons.
Lynch and Sorensen believed the Council has asked for a response and the staff
report would provide guidelines and outline problems which are insurmountable.
Vote on Motion 2:
'Motion 2 carried 3:2:2 ( Schee & Sundstrom voted nay), ( Beaman Sorensen
abstained ), and ( Lynch, Pauly & Fosnocht voted aye ).
DATE: March 8, 1976
TO: Planning Commission
City of Eden Prairie, Minnesota
FROM: Brauer & Associates, Inc.; Planners for Condon/Naegele
Realty
RE: Condon/Naegele Rezoning
Response to Staff Report of March 3, 1976
PARK BOARD RECMMENDATION
The recommendation was that "attractive types of structures"
cover all automobiles.
If all automobile parking lots in the major center area are to
be so regulated, we would agree and go to work with the staff
to determine what "attractive type" means.
We cannot believe that all parking lots are, or will be, so
regulated and do not believe that these particular automobiles
are that much more objectionable than all of the others.
CITY COUNCIL QUESTIONS
1. Time Limit for Building Permits - Two Years. No problem,
but CNR would, of course, reserve the right to request ex-
tensions due to circumstances beyond their control.
2. Parkland Dedication. We agree that the lake and floodplain
areas need not be considered (even though privately owned,
purchased land as open space dedication, but that the
balance of the proposed public area in the initial develop-
ment area (auto dealers only) be fully credited at current
City tax record value.
Total Plan Area (Zoning Request) 58 ac.
Total Proposed Public Dedication 34 ac. (58.6%)
Floodelain Public Dedication 18.0 ac. (31%)
Open Space--NonFloodplain required(10%) 5.8 ac. (10%)
Additional Gift--NonFloodplain lands 10.2 ac. (17.6%)
Total Value (10.2 x $8,000) = $ 81,600
Park Fee Required (24x$2,000) = $ 48,000
Value of Additional Gift to City $ 33,600
3. Advertising Sign Zone. The two (2) existing outdoor ad-
vertising signs on the 24 acres to be developed will be
removed.
March 8, 1976 -2- Condon/Naegele Realty
4. Site and Landscape Plan. Guidelines suggested by staff
(Para. 1,2,4,5 and 6) will apply to the specific site/land-
scape plans submitted by each site owner when applying for
a building permit.
Paragraph 3 outlines requirements for planting on the public
land slope along the proposed street to soften the embank-
ment. CNR agrees to install the plant material if the City
will agree to maintain it for the first few years until
established.
Paragraph 7 suggests that the east-west road right-of-way
should be reserved in order to maintain a connection to the
balance of the site to the east. Our original proposal in-
cluded this provision. We believe that the additional dis-
ruption, loss of useful commercial land and lack of any need
for such a connection were the reasons why we agreed with
the staff to remove it in our revised proposal.
5. Right-of-Way Dedication. All city street right-of-way will
be convoyed to the City by plat as the property is final
platted.
The freeway ramps will be conveyed directly to the MHD as
necessary to mcet their schedule.
6. Building Desi(?n-Exterior Treatment is shown in concept on
all of our sketches and drawings. The City will have
specific building and site plan review responsibility and
authority over each and every structure and site plan pro-
posal.
The pedestrian system between dealerships can be specifically
defined when each site plan is reviewed.
7. Identification Signs. The concept of a common pylon and
individual dealersifip signs on the structures is the pro-
posal. Variations from the sign ordinance would have to
be requested by each dealer.
8. Grading and Drinage. The staff report merely restates the
application system. No comments.
The comment about screening and landscaping is an opinion
with which we disagree. Canopy trees (suggested by staff)
would provide most of their screening capabilities at
elevations of 15' to 50' from ground level.
9. Flood Plain Encroachment. Specific grading plan has now been
submitted to the City Engineer for review and issuance of a
land alteration permit. The final plan is in larger scale
and provides the following figures:
March 8, 1976 -3- Condon/Naegele Realty
Total Flood plain (840.0) area in Total Site 51.42 ac.
Actual Encroachment Below 100-year Flood 7.70 ac.(15%)
Actual Encroachment into Existing Marsh 3.40 ac. (6.6%)
10. Access Road. CNR will construct two lanes (2) of the proposed
ring route with temporary connection to Valley View Road
(County 39). A second access road will be connected to
U.S. 169/212 as shown on the concept plan.
CNR has decided that the lawsuit over the method of assess-
ing. the currently completed segment of the ring road is a
separate issue from dedication of right-of-way and con-
struction of the necessary part of the ring road on the
CNR site.
SUMMARY
We believe that the proposed auto dealerships will look consider-
ably different than the U.S. 12 development. The absence of two
to eight rows of cars in front of the structures will be quite
different.
We believe that "substantial" landscaping is possible, but
remind the City that the "product" being sold here is auto-
mobiles, and the product should be visible. The extent of that
visibility is a moot question, one of a qualitative rather than
quantitative nature.
March 8, 1976 -3- Condon/Naegele Realty
Total Flood plain (840.0) area in Total Site 51.42 ac.
Actual Encroachment Below 100-year Flood 7.70 so. (15%) Actual Encroachment into Existing Marsh 3.40 ac. (6.80
10. Access Road. CNR will construct two lanes (2) of the proposed
ring route with temporary connectia to Valley View Road
(County 39). A second access road will be connected to
U.S. 169/212 as shown on the concept plan.
CNR has decided that the lawsuit over the method of assess-ing the currently completed segment of the ring road is a
separate issue from dedication of right-of-way and con-
struction of the necessary part of the ring road on the
CNR site.
SUMMARY
, We believe that the proposed auto dealerships will look consider
-
ably different than the U.S. 12 development. The absence of two
to eight rows of cars in front of the structures will be quite
different.
We believe that "substantial" landscaping is possible, but
remind the City that the "product" being sold here is auto-
mobiles, and the product should be visible. The extent of that
visibility is a moot question, one of a qualitative rather than
quantitative nature.
.12. (17
e•-•
t•t3
—1•49%C.t.t. U4.3: .5 1-090-5
t t-AC.0%cor.4 Nt4 ( 2:1
1 I CIV:r t IN Cr,
Nirana-,E LE Piznz >awry
czA v.v.; Pc.c)-re- At . 4MT--
Xtt ci4 Li Net
.. I% • .. tr7mg • brauer & associates, Inc.
; I
PL. 1E At I
•
l" IR WM? 6
0.1:1S\\
A
•b‘...c43
1.42,41*
A4
'Tbaç 31-cPE.
\
C:17 avatPe
L hat% CoW1X. %WV'S
i
Cc> cpc:* E',EL5 Prznve.a.Ty
cheAc-, Aucrt4m.E.,..4r- Rrvi5s0
os.n.rm
,• •
•
brouer & associates. Inc.
*i440 towee to.
4 2_
Sit
-roNortnren. ZONNei
4.N.A.W.Aaw 011
•n•n.t
*INC
••••
revised
pud coaccpt & rezoning
STAFF REPORT
Planning Commission
Dick Putnam, Planning Director
March 3, 1976
Condon/ Naegele Commercial Plan
Condon/ Naegele Realty Company
Specific Plan Review
The City Council approved portions of the CNR Plan
at the Feb. 3 public hearing -
Motion 1: " . . . adopt Resolution No. 1090 granting
PUP Concept approval for restaurant/hotel and highway
service uses on the area west of Schooner Boulevard,
east of 169, and north .of 494. "
Motion 2 Amended; " . . . that the section of the PUD
lying east of the drainage swale be returned to the
proponent for refinement in accordance with the concerns
by the Planning Commission, Council, Parks, Recreation
& Natural Resources Commission and Staff report. "
Motion 3: " . . . to adopt Resolution No. 1086 granting
PUP Concept approval for the auto dealership sites proposed
in the PUP, and to give a first reading to Ordinance No. 317
approving the rezoning to C-Regional Service for the 4
auto dealerships and public areas as outlined in Mr. Brauer's
detailed report. Further direct City attorney to draft rezoning
agreement. "
TO:
FRO1:
DATE:
PRanicr:
APPLICAN'F:
SUBJECT:
REQUEST
Staff Report-CNN Specific Plan Review -2- March 3, 1976
The City Council referred the CNR auto dealerships back to the P
l
a
n
n
i
n
g
Commission and Parks, Recreation and Natural Resources Commissi
o
n
"
.
.
f
o
r
their recommendations on inclusions in the Rezoning Agreement as
f
o
l
l
o
w
s
;
1. Time limits for building permits .
2. Rork fee.
3. Recmmnendations on the treatment and procedure to follow
on the advertising sign zone currently on the property.
4. Site and landscaping plan.
5. Vight-of-eay dedication.
6. Reliding design and exterior treatment.
7. Identification Signs.
8. Cr(:ling and drainage p1 an.
9. Precise plan of encroachment in 20% of the floodplain.
10. PJJ.Tosed method of constructing access road. "
The Parks, Recr ,:atioa and Natural Resources Commission reviewed the CNR Plan
on March 1st and made the following recommendations :
.NOTION: Kingra:, moved, seconded by Upton, to accept the Memo dated.
February 27, 1 (;;.6, from the Staff revarding Condon Naegele Re-zoning
Agreement, subj.:at to the following revision: Delete firat para
g
r
a
p
h
,
add 'This proposiii should be denied. If not denied, and if the
p
r
o
p
e
r
t
y
is used for an auto dealership or auto &alert...hien, all automobiles should
be kept under attractive types of structures previously approve
d
b
y
t
h
e
City Staff." Potion carried, with Pierce abstaining.
The staff review of the CNR auto plan will point out what was su
b
m
i
t
t
e
d
i
n
the original CNN submission and then comment as to the plans imp
a
c
t
.
1. Time Limits for building_permit.
The PUD booklet states on page 1 that construction beginning in t
h
e
Spring of 1976 is anticipated by CNR.
A two year time period for building permit application would be
within the CNN time frame.
2. Parkland _dedication.
Rased upon the environmental analysis supplied in the CNR report
t
h
e
P
a
r
k
5
Recreation and Planning staff su1ges0.4 that the floodplain and
l
a
k
e
n
o
t
receive credit as open space dedication since the 17% to 20% encroachment
is included in the CNN Plan. Likewise , the acreage east and n
o
r
t
h
o
f
the drainage swale should not he subject to park cash in lieu a
s
s
e
s
s
m
e
n
t
a
n
d
the areas originally outside of the floodplain proposed as scenic
e
a
s
e
m
e
n
t
be given a credit at least equal to the city tax record value.
,71
• :N
5e\ A. .
•-•
•
revised
pod concept & rezoning
LJUVII USE SCASEPT r
44. ••••
••••
• L_ 7 sm.
•"°"1...=
'cot' ieurinEnn 2cultai
M.
w.
Wm
MC
M,
•
Staff Report-CNR Specific Plan Review -3- March 3, 1976
That the scenic casements, floodplain and water be dedicated to the City
of Eden Prairie. That the remaining 49.1 acres approved for commercial
development. ( excluding public road right-of-ways ) be assigned a
a reasonable Park Fee . Other commercial projects
have been subject to the Pcrk Pee, for example Minnesota •
Protective Life is proposed to pay $ 2,000/ acre, Titus was required
to provide $ 1,1(t0 / acrj, and Gelco Corporation dedicated 12 acres
of their 30 acre site.
3. Advertising Sign Zone.
Ordinance 152 esniblishrs advertising sign zones and Ordinance 159 passed
July 22, 1971 modifies the original ordinance as follows;
h.) A strip of land 200 feet in depth extending along the
northerly side of 1 - 494 and bounded on the east by
the Village limits and on the west by Highway 169, ( CNR
Site ). At such time as properties within or immediately
to the north of this zone are developed the status of this
Advertising Sign Zone is to be reviewed by the Village
Council. "
Because of Schooner Roulevard , the freeway ramp construction and auto
sites and the restaurant site grading, the advertising signs which currently
exist should be removed since development will begin immediately. The
auto sites will be zoned for comercial use and the advertising signs are
not inclubA in the PUO
The property east of the drainage swale was not approved so no change from
the current sign zone would he necessary.
Staff Report-CNR Specific Plan Review -4- March 3, 1976
4. Site and landsca.ping Can.
The revised site plan ( figure II) illustrates a landscaping concept
which is similar to the original site plan ( figure III ).
revised
site plan
•••
•
•
•i
•
-
•
L
'
,
, (1. • .
•
Staff Report-CNR Specific Plan Review -5- March 3, 1976
The staff suggests that the following guidelines be used by the auto
dealers for their specific. site development plans.
1. Use a combination of plant materials of different heights to
partially screen the auto storage areas visable from 1-494.
2. Include within the parking lot and new car storage areas
canopy trees to reduce the visual impact of the areas,
( minimum 2 1 , " caliper trees )•
3. Provide a landscape treatment along the access road that will
:.often the read embnnLment.Planting of trees and shrub material
along the read should be integrated with a walk/bike path
along Smet me Lake.
4. The site plens illustrate buildings close to the freeway with
no parking let seen them and the freeway. New and /or used
car sales ;:ro located between buildings oriented to the
freeway. Ic landscaping partial screen should • concentrate on
these paTh:ng area vies with an affective plant and land
form screen.
S. If the site is developed as 2 or 3 dealerships the landscaping
and screening will most likely have to increase since the parking
and sales areas will be enlarged.
6. Site I located adjacent to Schooner Boulevard does not provide
adequate setback for affective screening. The setback provided
is not the required 20 1, 35 feet provided for in Ordinance 135.
A reasonable landscape area should screen the parking, storage
and sales area from Schooner Boulevard. Earth forms plantings or
architectural screen walls might be utilized.
7. The access road should provide right-of-way to connect to the
east sites, thereby assuring a road connection can be accomplished.
S. Right-of-Way Dedication.
The right-of-way for Schooner Boulevard, the east/west access road and
Valley View Road extension should be provided by the owner to the City
at no cont.
The 1-491 freeway ramps and collector distribution road right-of-way must
be negotiated and conveyed to the City prior to issuance of building
permits for the auto dealerships.
Staff Report- CNR Specific Plan Review -6- March 3, 1976
t
6. Dui 1,1i ng Desi gn. y,..
SECTON AF LLI.Xi 4
SETi1 /d . t.t..D3
S',...CTION I BLOC; 2
SLCt O: IS bLD.i 1
The building design and site layout is illustrated in the original
booklet- Two character sketches and design concept elevations illustr
a
t
e
the proposed building design. Two buildings are proposed as two leve
l
s
plus reel top auto storage. The elevations illustrate the roof top
parking will be screened by extension of the walls.
No exterior material is indicated , however due to its prominent loc
a
t
i
o
n
brick or similar quality exterior should be required.
The site plan does not reflect a pedestrian system between dealership
s
a
l
e
s
and shexroem areas. The planning staff recommends that a pedestrian
system be constructed between all the dealerships.
Staff Repert-CNR Specific Plan Review -7- March 3, 1976
AT BLDG 2
The sketches and building elevations illustrate signage that would
utilize one joint high rise pylon for signage. Each building will have
only identification signs on the building and not freestanding.
The size, setback and materials for the auto dealers should conform with
the City Sign Ordinance. Variations from that ordinance should be
processed as prescribed in the variance section of the ordinance.
The CNR appl ieat ion included grading and utility plans. The auto sales and
storage areas on all sites will range f YOM 12 to 20 feet below the elevation
of 1 404. no giwnling plans reflect surface drainage to a storm sewer system
totrzin kralLa:-:ca3 C:1
Li 6601,1 a,.Or./1
/LOW 1,...1.1..41.4,1
-
•!
n
at
!
Staff Repert-CNIt Specific Plan Review -8- March 3, 1976
that drains to the access road along Smetana Lake. The access road
storm sewer drains to the treatment ponds located where the drainage
swale existed. From the ponds storm water would be directed to
Smetana Lie and Nine Mile Creek.
The screening aid landscaping of the auto storage and sales areas will
be diffielt if not tropssible because the sites are 12-20 feet below
-494.
9.
The grading plan for the auto dealers provides a reasonable detailed plan
on the encroachment limits.
The Rratior report estimates between 17-20 encroachment will occur as a
result of the CNR Revised P)an.
Further drawings will he necessary to construct the roads and utilities
and those pions should he consistent with the proposed grading nod filling
plan.
Staff Report-CNR Specific Plan Review -9- March 3, 1976
10. Access Road.
Mr. Brauer indicated that CNR would construct one lane of the Schooner
Boulevard to serve this auto dealership site. The one lane would be
constmicted to Engineering Department standards for Schooner Boulevard.
A second access road may be constructed east to U. S. 169 to serve the
auto service and restaurant cluster.
No decision has been made by CNR as to the impact of the Schooner
Boulevard construction and Ring Road Assessment law suit.
SWAARY
The proposed mite dealerships plan by CNR does not provide an opportunify
for the %tato plaza" previously discussed in the Wheaton Staff
Report of Nove:eber,1974. The site's grading, size, orientation, and
access seem to dictate a conventional auto dealership Approach as exists
along many metropolitan freeways. The buffer spaces Around the parking,
sale and storage areas are small and will not enable substantial landscape
material buffer/screening. The visual image in the planning staff's
opinion will not be substantially different from existing areas along
U. S. Highway 12 except that dealerships will back up to Smetana Lake.
MEMO TO: Parks, Recreation and Natural Resources Commission
FROM: Marty lessen, Director of Community Services /4
SUBJECT: Items for consideration in the Condon-Naegele Rezoning
Agreement
DATE: February 27, 1976
At the last meeting, we discussed the fact that the Council has referred
back to the Commissions this proposal so that specific concerns may
be addressed in the rezoning agreement which will be approved at the
time of the second reading of the Ordinance approving the development
proposal. I would suggest that the following items be considered and
incorporated into the reioning agreement:
/. The Nine Mile Creek Watershed District has previously granted
their approval of the proposal. I presume from this that the grading,
drainage, sedimentation control and other development techniques
being used by the proponent are satisfactory to the district. I would
suggest that this be incorporated into the rezoning agreement to
assure compliance with the districts requirements ard standards.
2. The land falling east of the future ring road alignment and north
of the access to the auto dealerships should be conveyed to the
City for open space purposes. We should also at this time be
Incorporating some thoughts with regard to the conveyance of the
other land along the creek for which no development approval is
being granted at this time. (East of the auto dealerships).
3. I would suggest that we require within the rezoning agreement
sonic plantings along the slope to the Nine Mile Creek Flood-
plain which will be created by the new road. This will in effect
provide some "naturalization" of this artificial slope in an
attempt to make it look more consistent with the other vegetation
around the area.
4. I would suggest that the cash park dedication fee be applied to
this project in the amount of $2,000 per acre for all .. res to
be developed. This amounts to approximately 40 acres in the
first phase and approximately 90 additional acres in the portion to the
east of the auto dealerships. As suggested in the park land
dedication memo which you have previously considered, this money
should be put into a community recreational facilities account to
be used for the development of community parks and playfields.
I would recommend that the four above recommendations be incorporated
into the rezoning egreement and would urge that you recommend to the
City Council that they incorporate it in the rezoning agreement.
Minutes - Parks, Roc. and
Page Five Natural Resources Coin. Unapproved
March 1, 1976
2. Development Pronosnls
b. Condon-Vnevele Realty
Jessen referred to Council granting the 1st reading approval for
re-zoning with referral back to the Commissions for any specific
points on the agreement. He said the re-zoning agreement presumably
will occur at the second reading. He spoke to the four conditions
identified in the memo of February 27, and asked for Commission's
consideration of these points, so they can be approved by the
Council. He suggested either re-statement of early recommendation
or change of the recommendation to whatever Commission wanted.
Pierce responded to request by the Commission for reasons for the
approval of the re-zoning by the Council when two Commissions
recommended denial.
Einutee - Parkn, Rec. end .
Page Six
Natural Resources Con. Unapproved
Parch 1, 1976
b. Condon-Nae ,ele Realty (Cent 'd)
Pierce said this is one reason why Eden Prairie has two readings for
ii change of zoning and that we are very unique this way. Be stressed
that these were his own feelings and opinions and does not affect any
individual's opinion but his own.
Pierce felt that the use of the land was in adherence with the Comprehensive
Guide Plan, but it might be against the Smetana Study as far as Smetana is
is concerned. Be felt that consideration must be given because of the tax
base, and added that the Council is now requiring from developers and Staff,
information on estimate of taxes at the completion of the project, along
with City and School District's share, and other tax related information.
Be added that they are dedicatkg 54 acres around Smetana and Nine Mile Creek.
Eingrey spoke to the Commission's question of whether this was the best
way to use the land. Pierce answered that they had talked to several pro-
ponents but could nutcase up with anything.
Anderson spoke to the point that they had fought to preserve this area, and
that the Gelco structweon Anderson Lakes had to agree to specific treatment
because they would be setting an example for future building. Be added that
this was also required of the Preserve, and that auto dealerships would not
be consistent.
Pierce coneented that we are getting to the point where someone has to pay
for this, and that if we keep turning down developers, we will not have the
money to pay for thieve.
Erickson expressed his concern about tax dollars, and felt that there would
be tax dollars from this proposal, one of the reasons being there were no
children. Be believed that Condon-Naegele could be pursaaded to develop
the site with coeecn sense, such as Gelco, and felt it was important to pro-
tect thc Eden Prairie Center.
Tom Eertel, E. P. Cornunity News, asked about the Protective Life Ins. Bldg.
prolesil that was before the Council, and whether this could be considered
in ylace of the Condon-Daeecle proposal. Fierce responded that it was a .
question of economics and that there was a difference in land values.
Einesey could not accept the idea that we had to "jump at the car dealership"
proposal yet, and felt that it is an attractive site for many uses and has
treeendous visual appeal to the traveling public.
Erickson spoke to the point that if development in Eden Prairie had continued
as it was before the economy went down, we would not even have to talk about
it.
Anderson wanted it to be knowathat the Commission was not against auto dealer-
ships in Eden Prairie, but not in that location, and that they have made a
cornittment to Cylco, the Preserve, and to this community.
hanutes - Parks, Rec. end
Page Seven
Natural Resources Commission Unapproved
March 1, 3.976
b. Condon-Naercle Realty (cont'd)
Pierce suggested a structural design that would contain the care inside
the building.
Upton asked if the ear dealershipsdo not go in there how long will it
take before we can get someone else. Pierce said they did not know.
MOTION: Kimgrey moved, seconded by Upton, to aocept the Memo dated
February 27, 1976, from the Staff regarding Condon Naegele Re-zoning
Agreement, subject to the following revision: Delete first paragraph,
add "This proposal should be denied. If not denied,and if the property
is used for an auto dealership or auto dealerehips, all automobiles should
be kept under attractive types of structures previously approved by the
City Staff." Motion carried, with Pierce abstaining.
VIII. ADJOURNMIT
Anderson moved, seconded by Pierce, to adjourn at 10:00 F14
Submitted by,
Donna Stanley
Recording Sccretary
Minutes - Parks, Rec. and
Natural Resources Cow. approved
Page Five
February 16, 1976
5. De7elopment Er,sals
a. Condon-Nac ,,ele Realty
Jossen informed Commission that the Council had requested them to
work out their constraints on the Council Recommendation passed dur-
ing the last meeting. He added that ho would have information ready
for the next ComAission meeting.
Choiniere asked what position an individual on an advisory body can
tako regarding action that is taken which he did not feel was in keep-
ing with the advlrory body's stand. No said he was personally of the
opinion that ho is not willing to support any discussion on this matter
any further.
Anderson also voiced his opposition to the Council action. Be felt
that the Co .;;:mission hod spent much effort to preserve that arcs, and
added that there were two Courissions making opposite recommendations
from the Council vote. No requested an explanation of the action and
snd'alSo felt we should ask for an Environmental Assessment Statement.
Jensen said the Statenent has already been approved. In response to
Choinierels question, he said the Conmission does not have to discuss
the statter, but he suggested continuing with the Nine Nile Creek Study
and looking at the facts, without acting on the Condon Nacgele proposal.
De added that one reason why the car dealerships are probably valid is
that the NW, is contemplated for regional Commercial use and it is con-
sistent to that degree.
Middleton voiced her opposition to the proposal because she felt it
changed the whole image of Eden Prairie. She added that we should not
have a "freeway strip" such as along Highway 494.
IMJON
Lnderson moved to request that the Council not take any action on the
Condon Nategele proposal until the Nine Mile Creek Corridor Study has
been completed. Choiniero seconded, motion carried unanimously.
a. Condon-NN:7elo Realty (eentid)
NOTION •
Eingrey moved to request that the Council give the reason and basis
for their decision on the Condon Nsegele concept. Anderson seconded,
motion carried unanimously.
Jenson said he would have information on the Condon Naegele proposal
And on Nine Nile Creek Study at the next meeting.
Mort of the members were not opposed to car dealerships in Eden Prairie,
but did net vent .them in this area.
Mouton Mx. and
Pogo Pour
Ronourees ,approved
JonuarY 5, 197G
CL. Con PncTelo Pnitv
:Joason referred to Memo of Jenuory 5 informing Commission that their basic
reco.nilcontion vas the need for a Study to be done on the Rine Mile Crook
Corridor, to be used as a tool for devolopmont review, whether it was Con-
don 1.71ege1e or others.
A„ Cor.,lon P.crAt7 (e.:).ntIO
Anderam movcd to roce=end to the Council that we undertake a Study of
tho lio We Creek Corridor, to be undertaken by the Vino Hilo Crock
Watcra.ed Distict, and contact thellstro Council on the Creek es par
ntsff rcooadation of jaLuary 5, 1W6, and to table the Condon raegolo
propos ,J.1 nntil Study has been corplotcd. Choiniere seconded, for the
purpose of dismovion. lotion carried by all'thosp who voted.
DTPIT4:11"011
co=cnted that it was a question of hother whet is happening
in tho riL,Ittwi-T for that area, considering' need for recreation in this arcs.
Pomel quentioned the point of filling part of the flood plain as part
of this propooal.
Midaloton conhidered the "inagon of alca Prairie, and did not feel an
onto rork would present a fuvorablo one when built along ono of the
Myls rain freeways coming into E.P..
Hotaor disagreed and felt lie could rather have industry along the free-
ay rather than in other parts of the City..
Host moTors felt that the posaibility of the building of Pillsbury or
0;:e•n G1t ho:Idquartors would be n Lore deaireable use than en auto par;.:
for that arca.
C -
RE7111 I, IG AGREEIUT
TAIS AGREEMENT, Made and entered into in triplicate, this
day of , 1976, by and between CONDON-NAEGELE REALTY COMPANY,
a Minnesota Partnership, hereinafter called "Owners", and the
CITY OF EMN PRAIRIE, a municipal corporation of the State of Minne-
sota, hereinafter called "City".
WITNESSETH:
WHEREAS, Owners have requested the City Council of the City
of Eden Prairie ("City Council") to change the zoning of a tract of
land from District Rural and Industrial Park I-5 to C Regional Service
and Public for an area consisting of approximately 48 +/- acres in
accordance with its Planned Unit Development concept plan and develop-
mental plan, and which tract of land is legally described as more fully
set forth on Exhibit A which is attached hereto and made a part hereof
("Property"); and
WHEREAS, the Owners further agreed as a part Of said request to
lay out, plat, develop and maintain the Property in accordance with
the concept plan and development plan heretofore presented to the City,
coneisting of three documents and entitled: Condon-Naegele Realty
Coepany, 1) A Planned Unit Development; 2) Environmental Assessment,
and 3) Supplemental Data Revised Plan, dated December 8, 1975, each
of which have been prepared by Brauer & Associates, and which are marked
Exhibitc 5, c and D, and are attached hereto and made a part hereof; and
WHEREAS, the City Council believes that the rezoning of the Pro-
perty to C Rejional Service and Public will be in the public interest
an3 consistent with the welfare and convenience of the people of the
City; and
n !,
WHERAS, at its regular meeting of February 3, 1976, the City
Ceuncil passed a motion adopting Resolution No. 1,0S6 granting PUD
Concept approval for the Property, giving a first reading to Ordinance
No. 317 approving the rezoning of the Property to C Regional Service,
and directing the City Attorney to draft a rezoning agreement, and
that the second reading has been postponed pending the execution of
said rezoning agreement.
NOW, THF,T21F0M, This Agreement witnesseth, that for and in con-
siderationof the City Council adopting an ordinance changing the
zoning of the Pre?erty from Rural and Industrial to C Regional Service,
and of the mutual benefits of each of the parties hereto, the parties,
their respective successors and assigns, do hereby covenant and agree
as follows:
1. Owners agree to develop the Property in accordance with the
plans submitted to the City and which are made a part hereof, subject
to the following conditions:
A. Time Limit. Unless application for a building permit
for coni3trucCion on a site within the Property is made
within three years from the date of the final adoption of
the ordinance rezoning the Property, the City Council may
review its action of rezoning the Property to determine
whether the concept and developmental plans of the Owners
are still consistent with the development plans of the city.
In the event that they are not, the Property will retain the
zoning of C Regional Service, but the Owners will be ree
quirc,1 to submit new PUD concept and developmental plans.
It is nnaeletoc•l that upon the request of the Owners for a
reasonable exton:rdon of said three-year period, the City,
consieul peasant practice, shall not unreasonably
withhold its consent to such extension.
U. A.lverti. Sios. That upon the issuance of a building _
permit., aZIverCifiTla signs which currently exist on the
Prol,urty must be removed.
C. Site and Latviscapine Plan. That the following guidelines
he ueed ior tae edecific site development plans for the
Property:
(i) To use a combination of plant materials of,dif-
ferent heights to screen the auto storage areas
visible from 1-494.
(ii) To include within the parking lot and new car
storage areas canopy trees to reduce the visual
impact of the parking areas (minimum 2 1/2"
calipre trees).
(iii) Provide a landscape treatment along the access
roads that will soften the road embankment.
Planting of trees and shrub material along the
road shall be the responsibility of the Owners,
and should be integrated with a walk-bike path,
which shall be the responsibility of the City,
along Smetana Lake.
(iv) The revised site plans illustrate buildings close
to the freeway with no parking between them and
the freeway. New and/or used car sales are lo-
cated between buildings oriented to the freeway.
The landscaping and partial screening should
concentrate on these parking area views with an
effective plant and land form screen.
(v) If the Property is developed as two or three sites
instead of the four as presently contemplated, the
landscaping and screening areas will have to be
increased to cover the contemplated increase in
size of parking and sales areas.
(vi) Site one located adjacent to the oroposed extension
of Schooner Boulevard through property owned by
the Owners must provide adequate setback for ef-
fective screening, and a reasonable landscape area
to screen the parking, storage and sales area
from Schooner Boulevard through the use of earth-
forms, plantings or architectural screenwalls.
(vii) The plat shall provide an easement for extending the
access road right-of-way to connect to the sites
lying to the East of the Property, thereby showing
that a road connection to the East can be Accomplished.
D. nedication.
(i) The right-of-way for an extension of Schooner
boulevard, thr. East-West access road and Valley
View Road extension shown on the Property in the
concept plan shall be dedicated at no cost to
the City in the plat of the Property.
- 3 -
(ii) The land, on the Property and adjacent property
owned by Owners, needed for the 1-494 freeway ramps
and collector/distributor road, not to exceed
approximately 5 acres, is to be purchased by the City.
E. Building Design. Building design shall be generally as
set forth In the original submission of the Owners. Due
to the location of the building and the importance of their
appearance, brick or similar quality exterior material will
be required.
F. Pedestrian Paths. There should be a pedestrian system .
constructd at cost to the Owners, connecting the various
dealership sales and showroom areas.
G. Identification Signs. One joint highrise pylon will be
permitton to service all sites. Each individual building
will have only identifications on the building. There shall
be no other free standing signs on the Property occupied by
the car dealerships other than site internal directional
signs. The sixe, setback and materials for the site inter-
nal directional signs should conform with the City sign
ordinance.
H. Grading and drainage plans. Grading and drainage,
including run-off during construction, shall be done in
accordance with the plans on file herein and made a part
hereof.
I. Floodplain Encroachment. Prior to commencing construc-
tion of roads and installation of utilities, detailed grading
and drainage plans should be furnished to the City to see
if such plans are consistent with the intent of the project.
J. ACC n?55 Toads. Owners will, in addition to dedicating
the land, construct at their own cost and expense, one-half
(two lanes) of Schooner boulevard from the North perimeter
of the Property to the East-Nest access road, said half to
be in accordance with the standards determined by the City
Engineering Department for said road.
K. Nee Construction ?lentinqs. That treatment be given to
tio North sie c). the access road to be built on said site
whic , aceess road is in or near the floodplain, in such
mann e r that it he ma:71 to look as natural as possible through
contours and/or plantings acceptable to the City staff.
2. That all sanitary sewer, water main and storm sewer facili-
ties, concrete curb end gutter and bituminous surfacing, whether to be
public or private, shall be designed to City Standards by a Registered
.
Pro7es,Sional Civil Ennineer and submitted to the City Engineer for
adoroval. Thc! Owaer, through their engineer, shall provide for com-
plt daily innpection of all street and utility Construction, both
- 4 -
public and private. Asbuilt drawings with service and valve ties on
reproduceable mylar and certificates of completion and compliance with
specifications shall also be delivered to. the City Engineer. The Owners
also agree to pay all fees for City Engineering and administrative
services consistent with current City requirements.
3. CITY AND PROPERTY OWNERS AGREE:
A. That the Owners shall comply with all applicable rules,
.regulations, ordinances and laws of the City of Eden
Prairie.
B. That the provisions of this Agreement shall be binding
upon and enforceable against Owners, their successors and
assigns, and all subsequent owners, their respective heirs,
successors and assigns, of the property herein described.
C. That an executed copy of this Agreement shall be recorded
with the Register of Deeds or the Registrar of Titles for.
the County of Hennepin and State of Minnesota.
D. That the Owners' agreement at paragraphs 1 D (i) and 1 J
herein with respect to Schooner Boulevard shall be re-
flected in adequate and reasonable credits against the
assessments levied upon the Property and the Owners'
adjacent property for Schemer Boulevard.
IN WITNESS WHEREOF, the parties to this Agreement have caused
their presents to be executed the day and year aforesaid.
CITY OF EDEN PRAIRIE, a municipal
corporation of the State of !.linnesota
By:
Wolfgang Penzel, Mayor
And By: Jdhn D. Franc, City Clerk
CONDON-NAEGELE REALTY COMPANY
By:
Partner
- 5 -
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1976, by Wolfgang Penzel, Mayor and John D. Frane,
Clerk of the City of Eden Prairie, a municipal corporation under the
laws of the State of Minnesota, on behalf of the corporation.
Notary Public, Hennepin County, MN
My commission expires
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
Tao foregoing instrument was acknowledged before me this
day of , 1976 by , a partner of
Condon-Naegcle Rralty Company, a Minnesota partnership, on behalf
of the partnership.
Notary Purilic, Hennepin County, MN
My Commission expires
- 6 -
CLERK'S APPLICATION LICENSE LIST
June 1, 1976
CONTRACTOR (MULTI-FAMILY & COMM)
Hinn-Watanabe USA, Inc.
Audio Emporium
CONTRACTOR ( 1 & 2 FAMILY)
Cedar Crest Building Corp.
TEMPORARY FOOD LICENSE
Rose Burns Catering
These licenses have been approved by the department head responsible
for the licensed activity.
Rebecca Quernemoen, Deputy Clerk
"(ni l