HomeMy WebLinkAboutCity Council - 10/05/1976 EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 5, 1976 7:30 PM, CITY HALL •
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Sidney
Pauly, Joan Meyers and Tim Pierce
COUNCIL STAFF: City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Dick Putnam; Finance
Director John Fran; Director of Community
Services Marty Jessen; Engineer Carl Jullie;
Joyce Provo, Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES OF REGULAR COUNCIL MEETING HELD TUESDAY, SEPTEMBER 14, 1976. Page 3101
III. PUBLIC HEARINGS
A. Edenvale Family Recreational Center. Request for preliminary Page 3113
and final plat approval for the Edenvale Family Recreational
Center. The plat is located in the northeast corner of TH 5 and
Mitcbell Road. (Resolution No. 1191)
B. Hidden Oaks, The Preserve, by Mr. Kevlin. Request for rezoning to Page 3115
R1-13.5 and preliminary plat approval of 34 lots on approximately
17 acres. The site is located in the southeast corner of Anderson Lakes Park-
way and Basswood Road. . (Resolution No. 1196 approving Preliminary Plat,
and 1st reading of Ordinance No. 344).
C. Creekwood double bungalow and single family detached. Hustad Page 3127
Development Corporation request for rezoning from rural to RM 6.5
and preliminary plat approval for 9 lots. The site is approximately
3.5 acres and located within the Hustad office PUD. (Resolution
No. 1195 approving Preliminary Plat, and 1st reading of Ordinance No.
343).
D. Liquor License for Genghis Khan of Sapporo. Request for a liquor
license by Genghis Khan of Sapporo.
E. Assessment of cost for removal of trees under Ordinance No. 186. Page 3139
IV. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 323, Crosstown Baptist Church rezoning Page 3140
approximately 9 acres of property at 6500 Baker Road from Rural to
Public and rezoning agreement.
B. 2nd Reading of Ordinance No. 328, rezoning Robert Nygren property Page 3146
from Rural to R1-13.5 for 8 lots and rezoning agreement.
C. Resolution No. 1197, appointing Election Judges for the November 2, Page 3155
1976 election.
Council Agenda - 2 - Tues.,October 5, 1976
IV. ORDINANCES & RESOLUTIONS (continued)
D. Resolution No. 1198, establishing City Hall as the absentee ballot Page 3156
precinct.
V. PETITIONS, REQUESTS & COMFIJNICATIONS
A. Request from The Preserve for the Council to reconsider the previous page 3157
RM 2.5 zoning request for East-West Parkway Apartments. (Communication
dated September 27, 1976).
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of Council members.
B. Report of City Manager
1. 1977 City Budget (Resolution No. 1201) Page 3158
C. Report of City Engineer
1. Receive feasibility report for utility and street improvements
in Forest Knolls 2nd Addition, I.C. 51-294. (Resolution No.
1192)
2. Petition from Pemtom Inc. for additional utility and street Page 3164
construction in the Mitchell Lake PUD, I.C. 51-289.
3. Federal Aid Urban 1977-79 Project submittal (Schooner Boulevard).
4. Approve final plat for Lake Eden North II. (Resolution No. 1200) Page 3166
VII. NEW BUSINESS
VIII. ADJOURNMENT.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 14,1976 7:30 PM, CITY HALL•
COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbix
City Engineer Carl Jullie
Finance Director John Frane
Recording Secretary Joyce Provo
INVOCATION: Reverend Alden Keiski, Eden Prairie Methodist Church
PLEDGE OF ALLEGIANCE
ROLL CALL: Meyers, Pauly, Pierce and Penzel present; Bye arrived at meeting
at 8:20 PM.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
It The following items were requested to be added to the agenda under the "New
Business" category:
A. Special budget meeting date.
B. Street names.
C. Communication from The Preserve to establish a Public Hearing date
for Hidden Oaks.
MOTION: Pierce moved, seconded by Meyers, to approve the agenda as amended
and published. Motion carried unanimously. (Bye not in attendance at time of vote),
11. $3,000,000.00 IMPROVEMENT BOND SALE
Seegar Swanson, Jr., V.P., Ehlers 8 Associates, appeared before the Council
and congratulated Eden Prairie for receiving a "A" bond rating from Moody's.
Mr. Swanson explained that two bids had been received for the $3,000,000.00
of improvement bonds, the lowest bid from Banc Northwest and the 2nd lowest
bid from Piper, Jaffray & Hopwood, Inc. (Bid tabulations attached dated
September 14, 1976.)
MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 1188, authorizing,
selling and establishing the terms of $1,640,000.OD Ganeral Obligation Water
and Sewer Bonds (Series 9), on which Banc Northwest was the low bidder. Motion
carried unanimously. (Bye not in attendance at time of vote). .
City Council Minutes - 2 - Tues.,September 14, 1976
II. $3,000,000.000 IMPROVEMENT BOND SALE (continued)
ir MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1189,
authorizing, selling and establishing the terms of $1,360,000.00 General
Obligation Improvement Bonds of 1976, and providing for their payment,
on which Banc Northwest was the low bidder. Motion carried unanimously.
(Bye not in attendance at time of vote)
III. PUBLIC HEARINGS
A. Ziegler, Inc., request for PUO Concept approval of approximately 57
acres of Industrial uses and variances from the I-5 District for
approximately 14 acres which are zoned. The PUD is located in the NW
quadrant of Valley View Road & Washington Avenue.
City Manager Ulstad spoke to communication from Ziegler, Inc., dated
September 13, 1976,requesting that their item be removed from the agenda.
MOTION: Pierce moved, seconded by Meyers, to receive and file letter from
Ziegler, Inc., dated September 13, 1976. Motion carried unanimously.
B. 1976 Special Assessment Hearing
City Manager Ulstad explained that affidavits are on file which call for
this Public Hearing, and all affected property owners have been
contacted. This is an opportunity for those affected property owners
to be made aware of the proposed assessment roll, and also an opportunity
for them to express their concerns.
City Engineer Jullie spoke to revised Resolution No. 1187, approving
the 1976 Special Assessments and attached Exhibit A. Jullie further
explained that on Exhibit A there were 9 project descriptions listed,
and any persons requesting to be heard do so in the order of the
project number. (Projects are listed only if concerns were expressed):
I.C. 51-274
Areas F & G Preserve, Sewer, water, Lee Johnson, The Preserve,
storm sewer and streets stated he would like
the Council to consider passing
on some of their good fortune
in their bond rating to the
property owners.
City Manager Ulstad stated he
would have to research this with
• the finance department to see
whether this can be done.
I.C. 51-27, SAN 74-1-20
Lateral sanitary sewer for the Harry Marriott, 6891 Beach Road,
Cove area questioned if those who have been
paying and not receiving the
benefits would be receiving a credit.
City Engineer Jullie explained that
property will be computed individually,
and Mr. Marriott should call City
Hall to find out what his credit would
be.
3i0 _
City Council Minutes - 3 - Tues.,September 14, 1976
8. 1976 Special Assessment Hearing
I.C. 51-281, STR 75-3-13
'Paving Riley Lake Road J. J. Shuldhiess raised no objections
to project, Just questioned amount
per foot.
I. C. 51-286, STR 75-3-17
School Road & Eden Court A. 6. Peterson, 7818 Eden Court,
Paving questioned when he would have to pay
for the extra 3 feet to come to his
driveway.
City Engineer Jullie explained there were
several requests by property owners
to have the edge of the bituminous
brought in to meet their driveway. The
City would do this only if we have
disrupted an existing blacktop driveway.
Otherwise, we suggested that the property
owners make their own arrangements with the
contractor, and the contractor will do •
the billing. Mr. Peterson stated the
contractor said this would be a part of the
assessment. Mr. Jullie explained he will
look into this situation.
Robert Sharpe, 7904 Eden Court, questioned
if the original thought was to raise the
road 6".
City Engineer Jullie explained that the
design was 3 1/2" bituminous. In some
cases the road was widened out because
it was less than 22 feet. In these cases
the ground was higher on the edging.
Mr. Sharpe further stated that he had
previously hen theiy raised the roa , it
Ctt in a kad driveway,i
not fit in with the road: Questioned when •
they brought it in and leveled it off,
is there an existing charge. Jullie replied
there would be no charge for this additional
work.
Dennis Walztoni. 7841 Eden Court, questioned
what it was going to be like on the edge
of the road.
Jullie replied the City will be adding
crushed limestone rock to insure good
drainage at the edge of the driveways and
there will also be areas that have to be
resodded. This is called a rural section road
and if you drive on any rural section road
you will find a granular type shoulder.
J tO-
City Council Minutes - 4 - Tues.,September 14, 1976
B. 1976 Special Assessment Hearing
I.C. 51-286, STR 75-3-17
School Road & Eden Court Mrs. Walztoni questioned if the City was
Paving (continued) going to finish off Eden Court so that
people cannot cut through the Skelly station.
Jullie replied that the Skelly people are
working on a berm which should make this
situation much better.
Glenn Britney, 7823 Eden Court, questioned
street signs at the Mobil station. Jullie
responded that the City will be putting
in the street signs.
Richard Beyer, 7917 Eden Court, asked what
the City intends to do with the snow this
winter. Jullie stated he knew this was
a rather steep bank, but believes there is
enough room for snow storage. If it becomes
a problem, we would have to take our
maintenance crews and do some cutting in
the bank. •
Lois L. Rademacher, 7922 Eden Court, submitted
a letter to the Council dated 9/14/76, noting
that the contractor did not finish off her
driveway correctly and they scooped dirt
from around the culvert and left it without
replacing grass. Jullie stated he would
follow up on this request. (Letter attached)
•
Miscellaneous Supplemental
Assessments
Heritage Park 1st Add., Marcus Jones, 16354 Edenwood, questioned if •
Lot 6, Blk 1 (1800) service would also be available to Lot 7.Jullie''
7770 West Heritage Road explained that a feasibility report was in the •
process and that with this report the City
would determine what service is available
to Mr. Jones' property, and if his property
would be assessed.
Mr. Jones further stated that he does have
people interested in building on Lot 7.
Jullie stated he would be willing to talk to
him and see what the potential is there.
Section 8, Parcel 1810, Mrs.Kasid, 17155 W. 78th Street, questioned •
17155 W. 78th Street what she was being assessed for. Jullie
Lateral Water replied just for water.
Section 11 (3017), Letter from legal counsel for Condon/Naegele
Section 12 (6430, and Realty Company attached dated 9/14/76
Section 13 (4735) stating their objections to assessments.
310t1
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City Council Minutes - 5 - Tues.,September 14, 1976
B. 1976 Special Assessment Hearing (continued) •
•
irMOTION: Meyers moved, seconded by Bye, to close the Public Hearing
and adopt Resolution No. 1187, approving the 1976 Special Assessments,
and direct staff to review the matter of interest rates. Motion carried
unanimously.
IV. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request for extension of Basswoods D-1 Apartment site to September 5, 1978.
City Manager Ulstad spoke to communication from The Preserve dated
September 5, 1976 requesting a 2 year extension of the Basswoods D-1
Apartment site. •
MOTION: Bye moved, seconded by Meyers, to grant a one-year extension
of the Basswoods D-1 Apartment site.
B. Request for liquor license by Genghis Khan of Sapporo.
Meyers requested that staff be prepared to speak to parking and building
codes, as certain restrictions were placed on the previous owner of this
facility when he was granted a liquor license. Meyers further requested
that Public Safety address the problem of traffic coming out onto Flying
Cloud Drive in the evening as this is an extremely dark road.
MOTION: Bye moved, seconded by Pauly, to set October 5, 1976 as the
Public Hearing date for the liquor license for Genghis Khan of Saporro. •
Motion carried unanimously.
V. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 336, establishing license fees for
mechanical amusement devices and amusement centers, amending Ordinance
No. 280.
MOTION: Meyers moved, seconded by Pierce, to give a 1st reading
to Ordinance No. 336, establishing license fees for mechanical
amusement devices and amusement centers, amending Ordinance No. 280.
Motion carried unanimously.
8. 1st Reading of Ordinance No. 342, regulating and licensing mechanical
amusement devices and amending Ordinance No. 300.
•
MOTION: Meyers moved, seconded by Pierce, to give a 1st reading to
Ordinance No. 342, regulating and licensing mechanical amusement
devices and amending Ordinance No. 300. Motion carried unanimously. •
C. 2nd Reading of Ordinance No. 341, rezoning of the I-General located
in Southwestern Edps Prairie to Planned Study.
MOTION: Pierce moved, seconded by Meyers, to give a 2nd reading to
Ordinance No. 341, rezoning of the I-General located in Southwestern
Eden Prairie to Planned Study. Motion carried unanimously.
310'
City Council Minutes - 6 - Tues.,September 14, 1976
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
tA. Reports of Council members.
1. Councilwoman Pauly reported on the Planning Commission meeting.
2. Councilman Pierce reported on the Community Health Forum.
•
B. Report of City Manager
City Manager Ulstad spoke to the Schoell & Madsen report concerning the
proposed 1971-72 Reserve Capacity charges to the City of Eden Prairie
from the Metropolitan Waste Control Commission.
Ulstad explained that he did meet with Mr. Osterholt, Mrs. Hustad,
Mr. Redpath, and Mayor Fenzel on September 9 as directed by the Council.
Mrs. Hustad is the Metropolitan Waste Control Commission's member from
•
the 4th sector of the metropolitan district. We did review the Schoell
& Madsen report with them. The result of the meeting was very favorable.
After the meeting Mr. Ulstad did address a letter to Mr. Strauss,
Chairman of the Metropolitan Waste Control Commission, requesting an
opportunity to meet with their staff and ultimately appearing before the
Commission. He further requested in the letter that the Metropolitan
Waste Control Commission not take any definite position relative to
Eden Prairie at this time subsequent to the aforementioned meeting with
the staff. It is Mr. Ulstad's understanding that the communication to
Mr. Strauss was reviewed by the Commission and the request was approved.
IIC. Report of Director of Community Services •
1. Final Report of the Forestry Task Force
Director of Community Services Jessen spoke to the final report of the
Forestry Task Force on Dutch Elm Disease Control dated September 14, 1976.
He further complimented the task force for the excellent job they
have done voicing the communities opinions and concerns.
Meyers stated she thought the most important item was the recommendation
•
on Immediate Action and questioned what kind of dollars we have
available.
Jessen responded we have a 2nd tree inspector working on a part-
time basis and we are trying to secure some time for a couple of our men
in the maintenance department who are tree inspectors. One thing that
would be helpful would be to lease some equipment to pick up debris.
Ulstad explained that he would like to check the cash balance and suggest
to the Council what money is available to lease equipment.
MOTION: Meyers moved, seconded by Bye, to thank the task force and receive
the Dutch Elm Disease Control report from the Forestry Task Force.
t Further that the recommendations of the task force be discussed during
the budget deliberations. Motion carried unanimously.
/o
City Council Minutes - 7 - Tues.,September 14, 1976
1. Final Report of the Forestry Task Force (Continued)
Bye stated that he was impressed with the report and requested
the report be used as an example for other task forces, noting that
it was done in a short period of time and done very well.
MOTION: Meyers moved, seconded by Penzel, to direct the staff to draft
a strong letter for the Mayor's signature to Hennepin County and the
State Department of Agriculture requiring that all trucks hauling
diseased trees be covered so that the transporting of wood does not
spread the disease. Motion carried unanimously.
D. Report of City Engineer
1. Final plat approval for Bristol Bay (Pemtom's Mitchell Lake
PUD).
City Manager Ulstad explained that he had met with the proponents and
has received from them their Declaration of Convenants - Conditions
and Restrictions.
City Engineer Jullie spoke to Resolution No. 1190 approving the final
plat of Bristol Bay, and staff memo dated September 10, 1976.
City Manager Ulstad recalled that there is a scenic easement around
the periphery of the residential plat and the proponent had a little
• difficulty with the County in describing that as an outlot. Pemtom
41 has extended the lot line down to the lake, in the Convenants they
speak to it as open space and easement.
Meyers stated she knew there was a concern that there would be a scenic
easement on outlot "C" around the pennisula, but is also concerned
that the Convenants tell the buyers it is going to be semi-private.
Robert Davidson, legal counsel for Pemtom, stated that Pemtom does
deliver Declarations to a positive buyer. In order to protect
themselves, Pemtom makes it very clear to the buyer that there is an
easement over his lot,that in fact other owners may be able to walk over
that particular easement.
Meyers explained that the intent of the City in requesting an easement
was to protect and preserve the lakeshore. How would the scenic
easement be enforced legally if the easement is in private ownership.
Can the homeowners vote to change the Convenants relating to the scenic
easement?
City Attorney Perbix stated that enforcement would be up to the
homeowner's association. They would have to go to court to have the
Convenants changed. Once they start development, it becomes very difficult.
MOTION: Pierce moved, seconded by Bye, to approve Resolution No. 1190,
approving the final plat for Bristol Bay, and that the afore-
mentioned concerns be addressed in the rezoning agreement subject to the
City Attorney's approval. Motion carried unanimously.
31(1/
City Council Minutes - 8 - Tues.,September 14, 1976
E. Report of Finance Director
1. Clerk's License List dated September 7, 1976. (continued from
9/7/76 Council meeting)
Lieutenant Keith Wall spoke to memo dated September 13, 1976, and noted the
communications from S. Snelling's (dated 9/11/76) and Jake's Pizza & Ice
Cream Parlor (dated 9/13/76).
Lyle Olson, owner of Jake's Pizza and Ice Cream Parlor, explained that
he has the same operation in Edina, noting that the amount of off-sale
is minimal and they are not competitive price-wise.
Bye expressed his concern that we have heard nothing from the
shopping center association regarding the request for a 3.2 on-sale
•
beer license for S. Snelling's in the Eden Prairie Center. Lt. Wall
stated he would follow through on Mr. Bye's concern and would contact
the head of the shopping center association.
MOTION: Bye moved, seconded by Pierce, to approve the 3.2 on-sale and
off-sale beer license for Jake's Pizza and Ice Cream Parlor, and continue
the request for a 3.2 on-sale beer license for S. Snelling's for two
weeks pending direction from the shopping center association. Bye,
Pierce, Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried.
2. Payment,of_Claims Nos. 2399 - 2520,
•
Bye questioned #2419, stating his concern about purchasing something
for reimbursement later. Does not think this is a good policy.
Meyers questioned #2448, and asked why we are buying wood chips.
Meyers further requested that the Council be supplied with an employee
roster indicating which departments they are in.
MOTION: Meyers moved, seconded by Bye, to approve Payment of Claims
Nos. 2399 - 2520, deleting Check No. 2448 pending further information,
Roll Call Vote: Meyers, Bye, Pauly, Pierce and Penzel voted "aye".
Motion carried unanimously.
•
VII. NEW BUSINESS
A. Special budget meeting date.
MOTION: Meyers moved, seconded by Pierce, to set the special budget
meeting date for Monday, September 20, 1976, 6:30 PM at the City Hall.
Motion carried unanimously.
B. Street names
General discussion took place among Council members concerning the naming
of streets in Eden P airie. Council referred this item to the staff for
their recommendations.
Pauly requested that staff research the possibility of changing West 78th
Street to Arboretum Boulevard.
IUD
City Council Minutes - 9 - Tues.,September 14, 1976
C. Communication from The Preserve to establish a Public Hearing date
for Hidden Oaks.
t MOTION: Meyers moved, seconded by Pierce, to set October 5, 1976 as
the Public Hearing date for Hidden Oaks subdivision, rezoning and
preliminary plat approval. Motion carried unanimously.
City Manager Ulstad spoke to the communication from the Metropolitan Council
concerning a meeting to be held in the Metropolitan Council chambers, 9:00 AM,
September 20, 1976, to discuss the Minnesota River crossing problem. Council
requested that Mr. Ulstad attend this meeting.
VIII. ADJOURNMENT
• MOTION: Pauly moved, seconded by Meyers, to adjourn the meeting at 10:45 PM.
Motion carried unanimously.
S
l
BID TABULATION
$3,000,000 GENERAL OBLIGATION BONDS
CITY OF EDEN PRAIRIE, MINNESOTA
I SALE: TUESDAY, SEPTEMBER 14, 1976
AWARD
BANC NORTHWEST, MINNEAPOLIS, MINNESOTA
JURAN & MOODY, INC., ST. PAUL, MINNESOTA
& ASSOCIATES
MOODY'S RATING: A
NET INTEREST COST
NAME OF BIDDER RATES YEARS & RATE PRICE
BANC NORTHWEST 3.75% 1978 $1,517,808.76 $2,955,000.00
Minneapolis, Minnesota 4.00% 1979
JURAN & MOODY, INC. 4.25% 1980 5.5945%
American National Bank & Trust Co. 4.50% 1981
St. Paul, Minnesota 4.60% 19B2
Cronin & Marcotte, Inc. 4.75% 1983
Kidder, Peabody & Co., Inc. 4.90% 19B4
Merrill Lynch, Pierce, Fenner & Smith, Inc. 5.00% 1985
Paine, Webber, Jackson & Curtis Inc. 5.10 1986
% 1987
Min apolis, Minnesota 5.40% 1987
Cha r Newman Securities Co. 5.60% 1989
5.70% 198
Chicago, Illinois
E. J. Prescott & Co. 5 70% 0
(Div. of Carleton D. Beh Co.) 5.90% 19911992
White, Weld & Co., Inc. 6.00% 1993/94
National City Bank 1995
Reynolds Securities, Inc. 6.10%6. 0% 1995/97
Dean Witter & Co., Inc.
Minneapolis, Minnesota
PIPER, JAFFRAY & HOPWOOD INC. 3.75% 197$ $1,531.487.50 $2,952,000.00
Allison-Williams Company 4.00% 1979
Dade, Kalman & Quail, Inc. 4.20% 1980 6.64499%
First National Bank of Minneapolis 44:40%40% 1981
Minneapolis, Minnesota
First National Bank of Saint Paul 4.75%75% 1983198
John Nuveen & Co., Inc. 5.00% 1985
4
St. Paul, Minnesota 1985
Robert W. Baird & Co., Inc. 5.10%5. 0% 1987
Marquette National Bank Craig Hallum, Inc. 5.40% 19885.40% 198
Minneapolis, Minnesota
Caldwell-Philips, Inc. 5.75.75% 1990
St. Paul, Minnesota 6.00% 1992
IL 6.10% 1993
6.20% 1994
6.25% 1995/97
3110
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700 idle Insurance Building WestungrenOMce
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John P uehn nan September 14,- 1976 Nerd D.Peterson
,win C Kuehn Keen Heket
Never(It Spector--1972
Ot Counsel
Counsel to the Fens Ralph S.Dee*
Francis X.Helgesen a spat
City Council of Eden Prairie Los Angeles.Caatornrs
City Hall
8950 Eden Prairie Road
Eden Prairie, Minnesota
Re: Condon-Naegele Realty Company
Proposed special assessments
Our File No. 5233A
Ladies and Gentlemen:
Please be advised that we represent Condon-Naegele Realty
Company, the owner of three parcels of property in Eden Prairie;
Section 11 (3017) , Section 12 (6430) , and Section 13 (4735)•, against
which the City has proposed assessments for the project identified
as STR 72-9-26. It is our understanding that such assessments
are a result of a recent rezoning of said parcels and will increase
the assessment already levied against the property in the amount
It of $273.00 per acre. This is to advise you that Condon-Naegele
Realty Company opposes the proposed assessments in their entirety
and this letter is to serve in lieu of the company's appearance
at the public hearing this evening.
The law governing special assessments indicates that the
amount of the special assessment must reasonably correspond to the
benefit obtained by the property itself, regardless of the use of the
property. Since the property has been assessed once, it must be
deemed that benefits of that improvement have already been assessed
against that property. A mere change in zoning which authorizes
only a change in use does not by itself jlistify an increase in the
assessments levied against the property without some additional
benefit or improvement. Additionally, the company would raise
the same objections to the proposed assessments that it has raised
in the appeal of the original assessments for this project.
Very truly yours,
Peterson, Engberg & Peterson
r --G.I Pepinkg-
RGP:sls J(j
cc: Mr. Richard F. Condon
Mr. Robert O. Naegele, Jr.
Mr. David P. Honer
Mr. Steven G. Loe
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
I
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: September 3, 1976 •
SUBJECT: EDENVALE RECREATION CENTER
PROPOSAL: Eden Land Corporation is requesting Ctiy Council approval of
the Preliminary Plat and final plat of Edenvale Recreation Center.
This is a replatting of Lot 3, Edenvale Industrial Park. Lot 3 '
consists of approsimately 8.6 acres. '
HISTORY: Zoning from 1.-Z Industrial Park to Com-Commercial received
second reading by the City Council on January 27, 1976, per Ordinance
No. 294.
•
The Preliminary and Final Plat now submitted conforms with the approved
development plan.
IIVARIANCES; No variances will apply to this Plat.
UTILITIES AND STREETS: The internal roadway system will be installed by
Edenvale, Inc. Access to properties located within the development
will be covered with an easement with maintenance to the access road-
way being done through an agreement between Edenvale and the concerned
property owners. Utility laterals will be installed and maintained
by Edenvale through an agreement with property owners served.
A provision should be made within Outlot B for turning radii. The
radius should be sufficient for turnk traffic.
PARK DEDICATION: Outlot A will be dedicated to the City for open space
purposes. Additional portions of the drainage easement will be dedi-
cated as Lots 1 and 2 are platted.
BONDING: Stteets and utilities will be installed by the developer on de •
-
veloper owned property with maintenance being done through agreements
- between the developer and property owners. Therefore, no bonding will a'
be required.
RECOMMENDATION: Recommend approval of the Preliminary and Final Plats of •
Edenvale Recreation Center, subject to the requirements of this report
...." and the following:
IL1. Execution of the "Developer's Agreement."
2. Receipt of fee for City Engineering services in the amount
of $172.00.
.7)113
October 5, 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1191
A RESOLUTION APPROVING THE PRELIMINARY PLAT AND
FINAL PLAT OF EDENVALE RECREATION CENTER '
WHEREAS, the plat of Edenvale Recreation Center has been submitted in
the manner required for platting land under the Eden Prairie Ordinance Code and
under Chapter 462 of the Minnesota Statutes and all proceedings have been duly
had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan
and.the regulations and requirements of the laws of the State of Minnesota and
Ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of
EDEN PRAIRIE:
A. Plat Approval Request for Edenvale Recreation Center is herein
approved.
B. That the City Clerk is hereby directed to file a certified copy
of this Resolution in the office of the Register of Deeds and/or
Registrar of Titles for their use as required by NSA 462.358,
Subd. 3.
•
C. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above
named plat.
D. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council.
•
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Frame, Clerk
•
•
•
�il�
t
CITY OF EDEN PRAIRIE •
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1196
A RESOLUTION APPROVING PRELIMINARY
PLAT OF HIDDEN OAKS LD-76-Z-11, P-O8
BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota as follows:
The preliminary plat of Hidden Oaks is located in Lot 1,
Block 4, Basswood Forest, Township 116, Range 22, County of
Hennepin is to be in conformance with the provisions of Eden
Prairie Ordinance No. 93 (Subdivision Ordinance) and all amend-
ments thereto, and is therefore approved.
ADOPTED by the City Council on
•
•
Wolfgang H. Penael, Mayor •
ATTEST:
f John D. Frane, Clerk
•
3115
CITY 01' EUI:H PRAIRIE
CHECK LIST FOR REVIEWING PROPOSED
LAND DEVELOPMENTS
•
DATE: 9/9/76
DEVELOPMENT: Hidden Oaks L.D. NO. 76-2-11, P-08
•
LOCATION: East of Basswood Road, north of Anderson Lakes Parkway
REFERENCE P.U.A. OR PREVIOUS
ZONING AGREEMENT: Preserve POD 70-3 RES. if.
Basswoods PUD
DEVELOPER: Mr. Carl Kevlin _
ENGINEER/PLANNER: Carlson & Carlson
DOCUMENTS SUBMITTED FOR REVIEW: Site Plan, utility plan and profile
PROPOSAL: The developer is requesting Preliminary Plat approval and
rezoning.
I 1. Land Development application filed and filing fee & deposit paid Yes •
Yes
Copy of application forwarded to Watershed District
2. Processing Schedule:
a. Planning & Zoning Commission Preliminary 9/13/76 •
• b. Park & Recreation Commission .
c. Human Rights Commission
d. Planning Commission Public Hrg. 9/13/76
e. City Council consideration
f. Watershed District
3. Type of Develolnuout _ Single family residential
4. Environmental assossmont or impact statement required per Environmental
Impact Policy Act. of 1973:
No
- 2 -
•
5. Present Zoning Rural
6. Proposed Zoning R1-11.5
Consistent with approved P.U.D. or Comp Plan? Yes
List variances required & setbacks that apply: variance from minimum lot
Ripe requirement_and sidev,3rd setbacks: 5' on 1 story garage, 10' on 1 story
hrnne. 15' on 2 story homy
7. Project Area 17,2 acres Density 2.0 units per acre
8. Public open space and/or cash dedication Satisfied through Preserve PUD
Private open space Sot submitted •
Trail systems & sidewalks Not submitted
Range of lot sizes t 10,500 s.f. to 29,000 s.f. (Average 16,000 s.f.)
9. Preliminary Building Plans Submtttpd
10. Representative Soil Borings Not submitted
ell. Street System
A. Access to adjoining properties O.K. •
B. Type R/W Roadway (Back to Back of Curb)
•
Private
driveways, no 24
parking Post no parking signs
Leading to eel de sacs 50 28. Required
(not over 1000') &
•
minor residential
Cul de sacs 100 78 (no island)
120 98 (with island)
Thru Residential (collectors)
& Cul de sacs
over 1000' 60 32
•
3 W-1
•
- 3 - •
NSA 70 44
It Parkway 100 28 divided
•
Fire Road 12 •
Pathways 12 6 •
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, & R/W dedication N.A.
•
D. Street Names - try to conform with existing in the area. Avoid additional
names on cul do sacs having eight or less lots.
Check list of existing street names. Revision of proposed names required
B. Private parking lots--B6-12 cone C&G and full depth asph. design
N.A.
F. Street Signs-Developer or City installs Developer purchase - City install.
111.2. Parking: (See Ord. (t141) O.K.
13. Utility Systems:
A. Sanitary Sewer Available - site extension required
1. Service Detail 4" minimum
2. Service to adjoining property an additional easement may be
required between lots 16 and 17. Block 3, Basswood Forest
B. Watermain: Available - site extension required •
1. Check Service Design (20 psi at highest fixture) O'K
2. Hydrant location-Fire Inspector Fire inspector to review
3. Valuing Pending Final Plans
4. compliance with fire code Fire inspector to review
5. Service to adjacent property O.K
IL
3d1 �
- 4 -
C. Storm Sewer & Grading -
1. Sediment control plan Required
2. Skimming & grit control for commercial parking lots N.A.
3. Positive outlet for drainage ponds Required
4. Avoid excessive grading and tree removal Required
5. Arrows showing drainage Submitted
Accomodate drainage from adjacent properties Required
6. Denote drainage area for individual inlets and projected high water
•
for ponds
Required
7. Keep drainage in gutters, not in center of street Required
8. Sod drainage swales and steep slopes Required
9. Flood plain encroachment No (Anderson Lake Floodplain - elev. @ 839)
10. Watershed District approval Required
11. DNR approval ?
D. Natural Gas & Telephone Underground required
E. Electric (underground) Required
14. Street Lights & On-Site Lighting Required
15. Preliminary plat to be submitted to MUD or Henn. Co. if abutting a
State or County Hwy. •
N.A.
)6. List special assessments levied and pending Levied: #5627, trunk sew-
er and water, $823.16
)7. Re-zoning agreement required Rqauired
Developer's Agreement required Required
4 Title Abstract for Attorney': review N.A.
. _ T
j approved
Pianning Commission Minutes -2- Sept. 13, 1976
II
IV. REPORTS AND RECOMMENDATIONS •
A. Ziegler Inc.-Withdrawn
B. Hidden Oaks, The Preserve, request by Mr. Kevlin for
preliminary plat approval and rezoning to R1-13.5 (with
side yard variances ) , for 34 lots within Block 4, Lot 1
Basswood Forest. The site is located in the southwest
corner of the East/West Parkway and Basswood Road.
A public hearing.
Larry Corituie, Carlson 6 Carlson Surveyors, presented the 34
lot plan and explained drainage, street configuration 6 utilities.
The planner reviewed the staff report of September 7th.
Mrs. Retterath and Mrs. Sakella, residents of the Preserve,
questioned the naming of the plat "Hidden Oaks" in that it
might be more appropriate named Basswood Forest similar to
the existing plat. Mr. Corituie explained that the owner
did not wish to name the plat the same as the previous plat
And believes Hidden Oaks is appropriate.
• Sorensen questioned the configuration of some of the lots and
if they would require further setback variances as the pro-
perties are developed. Mr. Corituie explained that they have
looked at the options have walked the site, and they feel
the lots, as proposed would be buildable without further
variance requests. •
•
Sorensen asked if all lots were at least 13,500 square feet
and would a 90 foot setback variance from the provisions of
the Subdivision Ordinance be required. Mr. Corituie responded
the two lots are under the 13,500 size, but front on the lake •
and park, and that all lots at the building setback line would
be 90 foot minimums.
Motion l :
•
Lynch moved, Fosnocht seconded, to close the public hearing
considering the preliminary plat of Hidden Oaks. The motion
carried unanimously. .
I
Motion 2: •
Bearman moved, Lynch seconded, to recommend to the City Council
development stage approval for the Hidden Oaks single family
development in The Preserve PUD, rezoning from Rural to R1-13.5
•
for the 34 lots on 174acres, and elimilnary plat approval with
setback variances for side yards as
5 feet 1 story garage
10 feet 1 story house
15 feet 2 story house
Discussion:
elN Consi. 1 .: :c•,:ssion felloari cr,ncerring ac.rc-ri=._o ess of
ianc I• ;e lot s:nlc
l - "
Vote: A role call vote was requested. The motion carried
4:3 Lynch,Bearman,Sundstrom,Pauly voted aye).
Fosnocht stated he objected to the plat because the 5/10/15
variances requested were unnecessary for such expensive homes.
Sorensen objected to• the variances as he interpreted the intent
of such variances would be to provide for low and moderate
income single family housing and not simply applicable to all
large scale developments. He did not feel the plat met the intent
of the Zoning Ordinance and that there weretoo many variances.
The planner read the provisions of Ordinance 135 , Section II ,
Planned Unit Developments. He stated it was within the commission's
right to find that the project was consistent with the intent
of the PUD provisions because it specifically encourages the
granting of variances if creative site planning, etc. , result.
The planner then informed the proponent that a letter requesting
a public hearing before the City Council should be addressed
to the City Manager when they desire to appear before the Council.
41
•
.
•
I '
STAFF REPORT •
•
TO: Planning Commission
FROM: Dick Putnam, Planning Director
DATE: September 7, 1976
APPLICANT: Carl Kevlin
LANDOWNER: The Preserve
PROJECT: Hidden Oaks (formerly B4,L1 Basswoods Forest)
REQUEST: 1. PUD Development Plan Approval
2. Rezoning from Rural to R1-13.5
3. Preliminary Plat approval for 17.16 acres.
LOCATION: Southeast corner of Anderson Lakes Parkway 1
. and Basswood Road and west of Anderson Lakes • ,
APPLICATION: Dated August 25, 1976
APPROVED AREA PLANS
The Preserve B M. Z. Jones proposed the Basswoods 80t acre PUD
in 1973 as an alternate to the Mooring Apartment Plan located
at the south end of Anderson Lakes. The City purchased the
•
Mooring's site as part of the Anderson Lakes Park. The Basswood
plan included:
41 Sg acres Single family detached
- dedicated
under constr.
acres Anderson Lakes Park platted-no constr. .
5.4 acres Church site
18 acres Multiple family apartments zoned-no constr.
4.7 acres Condominium apts zoned-no constr.under .constr. i
27 acres Townhouses .
.,rwr�
ww w..
ar.l�.h t 1,a -•�r f
Figure 1 es,. 1 Alt /.'
/ •. ,
f/azJa c wwr s ti 4r?h4si. • i'
/ h • • _\ / 1• ,. ! ! / •r
1 1,_/..4C F11 I' I f'
_._ /r
31
• •
. 7, 1976 t
Staff Report-Hidden Oaks -2- . Sept. .1
41 BASSWOODS PUD PLAN CHANGE
The Hidden Oak plan changes site al (Figure 1) , from townhouse
to single family detached lots. The change is requested because
of these following conditions:
- present limited townhouse market
- development timing based upon roads, utilities,
• Preserve amenities.
- desire by quality home builder to develop as
' expensive home lots.
- holding costs vs. townhouse market.
- need for additional high value single family
lots in The Preserve.
The proposed plan would reduce the unit density from 97± units
of townhouses to 34 single family units.
•
HIDDEN OAKS SITE PLAN
IIThe 34 lot plan will involve greater change in the forest charac- '
ter existing on the site today than would the original Basswoods
Townhouse concept. Individual lots will have the option for lawns,
patios, etc. , that will significantly change the dense forest.
The homes proposed will he quite expensive with large floor areas
similar to the lots in Basswoods Forest Single Family. The lot
sizes are from 13,000 to 29,000 square feet with 75 to 150 foot
frontage (exclusive of cul-de-sac), with a wide range of shapes,
lake frontage or cluster arrangements.
Hidden Oaks Path, cul-de-sac bordering Basswood Forest plat will
leave about 60 foot from the street to the adjoining property
line which will be landscaped to screen the existing home from
the new street. Minimum right-of-way width and cul-de-sac radius
are appropriate due to the narrow buildable area.
l
Staff Report-Hidden Oaks -3 Sept. 7, 1976
It
Figure 2 illustrates how the .Hidden Oaks plan fits with the
surrounding area.
f:
. Figure 2 �k, "n� /� -� � 4 6 W .w«seb mt.. •
n•ut;lptc 6 d 2 h ' ,�
$7.09 rues{... :3\� .R \, ti.
956 untts •/i 5'. `1..`•.,.e Cn v. /e.• _ } W , -\\, .,.. •
._ < -
a
t
.. multle co+dcm:rlum�� i I ,afamt! 5f5;rh�ce 4
i
. .`,.i 777r
„.. n / r .fR 1 r "`�/sin 1 :c .S e: ' ,,. a 7
.. ,..� .. /. y ;
sIr , ,m,y. i chs:d I /
ra.Yn... siif ` I.
•
sv T mt
c:.iwds coadomM'wms •• /
. ridp /, • .
H-t: s y.1 {%/:
. •
�a I,
9���5
•
• I
Staff Report-Hidden Oaks -4- Sept. 7, 1976
It •
•
STAFF RECOMMENDATIONS
1. Approve the PUD Development Stage plan proposed
by Mr. Keviin for 17.16 acres in the Basswoods
area, The Preserve, as an acceptable modifica-
tion to the Basswoods Concept Plan. •
2. Approve the rezoning request from Rural to R1-13.5
for 17.16 acres and 34 lots as depicted on the
Proposed Hidden Oaks Plat dated September 2,1976.
3. Approve the preliminary plat subject to the con-
ditions of the City Engineering Department.
4. Approve the following side yard setback standards:
S feet 1 story garage
• 10 feet 1 story home
• IS feet 2 story home
•
It
IPiij
MINUTES
EDEN PRAIRIE PLANNING COMMISSION
approved
Monday, August 9, 1976 7:30 PM City Hall
iMISSION PRESENT: Vice-chairperson Norma Schee, Richard Lynch, Bill Bearman,
Rod Sundstrom, Herb Fosnocht
COMMISSION ABSENT: Don Sorensen, Sidney Pauly
STAFF PRESENT: Dick Putnam, Jean Johnson
I. APPROVAL OF AGENDA
Sundstrom moved, Lynch seconded, to move item V.A after IV. A. The motion carried
unanimously.
II. MINUTES OF THE JULY 26, 1976 PLANNING COMMISSION MEETING
P.3,Motion 3, add after "minutes" ( 4-26-76,5-10-76,7-12i26-76).
P.6,1'I., first 2 P should read-Sorensen relayed written notes from Beaman
regarding recent articles on municipal liquor as to gross sales/inventories
and financial problems in some communities , and suggested a Metro Council •
staff person appear before the commission to appraise the commission of the
Metro Council's powers.
Sundstrom moved, Lynch seconded, to approve the minutes as written and corrected.
The motion carried 4:0:1 with Bearman abstaining.
III. MEMBERS REPORTS
A. Chairman Don Sorensen - absent.
B. Council Representative Pauly - absent.
C. Others - none.
IV. REPORTS AND RECOMMENDATIONS
A. Creekwood Double Bungalow and Single Family Detached, by Hustad Development
Corporation. The site is located north of Pioneer Trail, West of Creek Knoll
Road and South of Purgatory Creek, ( approx. 3.5 acres) within the Hustad
Office PUD. A continued public hearing.
Hill Bonner, Hustads, reviewed the project of single family and double bungalow
units off of Creek Knoll Road. He stated he agrees with the residents who favor
the cul-de-sating of Creek Knoll Road, but it is not expected by the City Engineer •
until 1977-78 after the completion of the Co. Rd. 1/ US 169 signalization.
Bonner stated Hustad would like to request setback variances to allow better
siting of the units on the lots.
?Arc. Nemec,9449 Creek Knoll Road, asked if Hustad would be building the homes. •
Bonner said Hustad may build some of the homes. She then questioned if the trees
would be protected and where the fill would come from. Bonner replied the trees
would be protected and Hustad has other sites that would supply the fill.
Mr. Killiamson,9464 Creekwood Drive, stated he does not feel the setback variances
should be granted. The planner stated the variances requested, but not recommended
by the staff, would be similar to those approved for the Creekwood Single Family area.
r 1liamson then asked if garages are required and how many driveways would be possi •
-
Ike. The planner stated the ordinance requires 1 enclosed garage per unit. Bonner
stated in the 9 lot development there is the possibility of 9 double drives, or 18
singles , or a combination.
ald, j
approved
Planning Commission Minutes -2- August 9, 1976
Mr. Mcijers, 9507 Creckwood Drive, stated as neighbors they would like this project
to have similar character and appearance as the Creekwood single family area.
expressed concern that the possibility exists that the project may be too much
lacktop and a muss of buildings. lie believed the design of the units , plus the
option of renting, could change the image of the neighborhood.
Nemec urged the expediant cul-de-sacing of Creek Knoll Road because of the traffic
problems.
Fosnocht suggested Hustad retain architectural review in order to preserve the
character of Creekwood . •
Mr. Bonner replied it would be possible and he would check with Mr. Hustad.
Fosnocht then suggested outlining a mixture of double and single family to be
constructed. Bonner replied he would check with Mr. Hustad.
Mr. Meijers asked what the residents should do to get Creek Knoll Road vacated.
The planner informed them an application could be received from the Engineering
Department.
Mr. McCormick , 9449 Woodridge , concurred with Fosnocht's suggestions .
Motion 1:
Lynch moved, Fosnocht seconded, to close the public hearing on the Creekwood
Single Family and Double Bungalow project preliminary plat. The motion carried
unanimously .
lotion 2: •
Lynch moved, Fosnocht seconded, to recommend approval of the Hustad Development
Corporation's 9 lot rezoning request fror.. Rural to RM 6.5 for construction of
double bungalows and/or single family detached homes as per the following:
a. That the lots must meet the front, rear and side yard •
setback requirements specified in Ordinance 135. •
b. The proposed lot frontage of 85 feet is less than the required 90
foot width. However, if the setback requirements are applied the
visual impact of double or single units would be controlled to meet
the intent of the RM 6.5 District.
c. That the cash in lieu of land dedication requirements be collected
as per city ordinance.
d. That the preliminary plat be approved based upon the recommendations
of the City Engineering Department.
e. That Hustad Corporation is to retain architectural approval of the
structures.
f. That the product mixture of single family and double bungalow homes
be: 5 single family 6 4 double bungalows.
The motion carried unanimously. •
Motion 3:
Lynch moved, Bearman seconded, to recommend approval of the Creekwood Single Family •
and Double Bungalow preliminary plat . The motion carried unanimously.
• Riley- Purgatory- Purgator Creek Watershed District •
-{-�
KJ% 441.0
8950 COUNTY ROAD .�` EDEN PRAIRIE,MINNESOTA 55343
•
August 4, 1976
•
Mr. Richard Putnam
City of Eden Prairie •
8950 Eden Prairie Road
Eden Prairie, Minnesota 55343 r' •
Dear Mr. Putnam:
The engineering advisors for the Riley-Purgatory Creek Watershed District !: -'
have reviewed the information relative to the Creekwood Double Bungalows as
submitted to the Watershed District. We note that the development plan
includes the plotting of lots adjacent to the Purgatory Creek floodplain and
we request a copy of the grading plan to assess the effect of any floodplain i,
encroachments.
A grading and land alteration permit must be obtained from the Watershed
District for this development. This permit should be obtained after the
development has been approved by the City Council but before building permits
are issued. Plans detailing how erosion will be controlled during the project
construction should also accompany the permit application.
Thank you for the opportunity to comment on this development. If you
have any questions about the District's involvement in this development, I<
please contact us.
• 1'•
Sincerely,
NL-ALLQ--
•
Allan Cebhard
. BARR ENGINEERING CO.
Engineer for the District ,
AG/am
c: Mr. Frederick Richards
Mr. Conrad Fiskncs s
( Mr. William Bonner•
I `
•
STAFF REPORT
TO: Planning Commission
FROM: • Dick Putnam, Planning Director 4
DATE: August 3, 1976
C PROJECT: Crcekwood S.F. F, Double Bungalow
APPLICANT: llust:id Development Corporation
REQUEST: Rezoning from Rural to R14 6.5 and Preliminary Plat •
Approval.
APPLICATION DATE: July 14, 1976
1ST ON PC AGENDA: July 26,, 1976
'�/`"
i ,k•
. 4• ,�,i.
1 ' Jp�p
EXISTING CO:EDITIONS . ,�R;• ��,`�� `p.••;+a
�/ ooc + c v
1. PUD/Zoning: > a v r�..t,e, r The site is currently zoned Rural and is included � e„�;`; ° ,, •\\( •
in PUD 75-02 approved for residential development. l! wtiu°°c .. sties^'- �f•,e�
The concept plan illustrated 26 attached single �," . cc> o4� []t" , 0.° ,,'1
family homes,. ( to\rnhouses ). 7' •�o,�ji��JL, i~.G �*• i, >
may,:Oo.. -e %
V
i \4 i
J,. 1 J`�}u K� \
2. Natural Features: • (( /,
\ r ,s �\1\ r
The July '75 submission evaluated the ., - )- i`�• �lli `r•
site features to determine the land ,J/ _
use type and site/buildin); design. The t•% ��•..`:f ,, 1 �T :, 1
July '76 proposal fits the same criteria N' t -,� �, c,X"� \ l
t �
used in the original townhouse proposal. tii;? r -� Y U`y' •,� S t`.z , i
4
31?)J •
•
Stuff Report-Creekwood S.R. fc DR -2- August 3, 1976
•
•
3. Roads:
iAccess to the project currently is from County Road 1 and US. 169. An issue
raised during the 1975 PUD review was the cul-de-sacing of Creek Knoll Road.
Reasons for the street closing were:
a. eliminate the high speed traffic.
b. close the existing Creek Knoll Road/US 169 intersection.
c. create a more residential character for the neighborhood. •
d. improve safety for children.
Some potential negative aspects of closing Creek Knoll Road may be:
a. that such a closing would force all traffic to use the Co. Rd. 1/
• US 169 intersection .
b. that the Co. Rd. 1/US. 169 intersection is not a well controlled
or designed intersection and additional traffic would only increase
the existing unsafe conditions.
The 9 lot Hustad proposal does not dramatically affect the use of Creek Knoll •
Road, rather the desirability of the lots is enhanced if the road is cul-de-saced. •
4. Adjacent land Use:
Office/industrial uses were approved west of the proposed 9 lot project.
Am Creekwood single family lots exist cast of Creek Knoll Road with large lot
single family lots north and park/open space along the creek. •
The July 1975 PUD described the residential land use as:
"the small group of townhouses will be built by Hustad much as
Mill Creek has been, but because of the smaller nature of the
project the total build out will probably take less than one •
year. The project will be similar to Mill Creek except that
a higher percentage of the units will be of the drive-under •
type due to the existing topography."
EVALUATION
1. Use Compatibility:
•
The planning staff believes that the July, 1976 lot double /single family plan
is consistent with the approved PUD concept plan and the intent of Zoning
Ordinance 135. The use fits the site well and sill provide a transition
between the existing detached homes in Creekwood and the office/industrial
on top of the hill. •
the units which could be ownership and rental will provide a diversity of
housing opportunities in the Bluff Area which does not currently exist.
Indications are that double bungalows arc regaining a place in the suburban
housing market.
•
Staff Report-Creokwood S.F. E D8 -3- August 3, 1976
•
2. Road Decisions:
tThe closing of Creek Knoll Road has an impact upon the marketability and
desirability of the 9 lots . The staff does not believe that the plat should
•
coincide with what happens to Creek Knoll Road.
The City should address the street vacation procedure for Creek Knoll Road
•
as a separate issue giving consideration to all the positive and negative
aspects of the road issue.
RECOMMENDATIONS
1. The planning staff recommends approval of the Hustad Development
Corporation 's 9 lot rezoning request from Rural to RM 6.5 for
construction of double bungalows and/or single family detached
•
homes. the following requirements should be met by future
development of the lots:
a. That the lots must meet the front , rear and side yard
set-back requirements specified in Ord. 135.
b. The proposed lot frontage of 85 feet is less than the •
required 90foot width. However, if the setback require •
-
, ments are applied the visual impact of double or single
Units would be controlled tomcet the intent of the RM 6.S District.
c. That the cash in lieu of land dedication requirements
be collected as per city ordinance.
d. That the preliminary plat be approved based upon the •
recommendations of the City Engineering Department.
DP:jj
•
•
•
l
132---
•
i `.
•
approved
Planning Commission Minutes -4- July 26, 1976
PUBLIC HEARINGS
B. Creekwood Double Bungalow and Single Family Detached, by Hustad. Request for
preliminary platting of 9 lots and rezoning to RM 6.5 . The site is located
North of Pioneer Trail, West of Creek Knoll Road, and South of Purgatory Creek
-( approx. 3.5 acres within the Hustad Office PUD. A continued public hearing.
Bill Bonner, Hustads, stated he has met with the Creekwood residents and no Opposition
has been expressed against the project, although some residents have concern over
the cul-de-sacing of Creek Knoll Road. He did not want the approval of the project
contingent on the cul-de-sacing.
Schee inquired what procedure would be followed for the road vacation. The planner
said a petition would be submitted to the city, processed through the Engineering
Department, and a hearing held before the Council.
Sorensen suggested the staff investigate the possibility of Creek Knoll Road being
a one-way street.
Lynch questioned the necessity of the 4 lots with 45' frontages off the eyebrow.
is Bonner stated such platting takes better advantage of the slopes and trees.
Sorensen suggested limiting those lots to single drives. Bonner felt it would.
be possible.
Schee asked if Hustad's would be building the lots. Bonner responded they would
be building some and selling some.
•
Bonner stated the request is for RM 6.5 so duplexes could be possible, and suggested
dividing the proposed lots at this time to make selling the lots in the future
more convenient. The planner and commission foresaw problems ,
and suggested Hustad's have their attorney investigate.
Bonner added that they would be requesting 5-10 foot variances, and the Parks,
Recreation and Natural Resources Commission has recommended the approval of the project.
Motion:
Fosnocht moved, Schee seconded, to continue the public hearing to the August 9th
meeting. The motion carried unanimously.
IL
313
f
Yiustes — Perks, Rec. and Page Se ea
Natural Resources Corr fission approved July 19, 1976
d. Creek cod S F.D,/Double Bong-slow
lessen reviewed the plan briefly EMI asked for questions.
ICTIONs Choiniere roved to accept reooasoeadation on the Creekvood S.F.D./
Double Bungalow. Caress seconded, sotion carried unanimously.
•
•
313� '
Oct. 5, 1976
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 1195
A RESOLUTION APPROVING PRELIMINARY
PLAT OF CREEKWOOD DOUBLE BUNGALOWS
LD-76-2-08, P-06
BE IT RESOLVED by the City Council of the City of Eden Prairie,
Minnesota, as follows:
The preliminary plat of Creekwood Couble Bungalows is located in that
part of the west half of. the northwest Quarter of Section 26, Township
116, Range 22, Hennepin County, Minnesota, described as follows: com-.
mencing at the most southeasterly corner of Tract 8, Registered Land
Survey No. 791, Hennepin County, Minnesota, said point being on the
venter line of County Road No. 1 as platted in Hennepin County Highway
Plat No. 6; thence on an assumed bearing of North along the east line of
said Tract B, 625.00 feet; thence North 70 degrees East 75.00 feet;
thence East 300.00 feet; thence South 43 degrees East 170.00 feet;
thence South 23 degrees East 260.00 feet to the point of beginning of the
land to be described; thence North 23 degrees West 260.00 feet; thence
North 43 degrees West 170.00 feet; thence North 25 degrees East 130.00
feet; thence North 67 degrees East 160 feet, moor less to the south-
westerly line of CREEKWOOD ESTATES 1ST ADDITION, Hennepin County, Minne-
sota, according to the recorded plat thereof; thence southeasterly along
the southwesterly line of said CREEIRiOOD ESTATES 1ST ADDITION, to the
center line of said County Road No. 1; thence westerly along the center
line of said County Road No. 1 to the intersection with a line that bears
South 4 degrees East from the point of beginning; thence North 4 degrees
West 280 feet, more of less, to the point of beginning, is to be in con-
formance with the provisions of Eden Prairie Ordinance No. 93 (Subdivision
Ordinance) and all amendments thereto, and is therefore approved.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Franc, Clerk
I
A
•
CITY OF EDEN PRAIRIE
CHECK LIST FOR REVIEWING PROPOSED
LAND DEVELOPMENTS
DATE: 7/27/76
DEVELOPMENT; CREEKWOOD DOUBLE BUNGALOWS L.D. NO. 76-Z-08, P-06
LOCATION: Northwest quadrant of Pioneer Trail& Creek Knoll Road
•
REFERENCE P.U.D. OR PREVIOUS
ZONING AGREEMENT: P.U.D. Concept approval RES. #. 1039
DEVELOPER: Hustad Development Corporation
ENGINEER/PLANNER: McCombs - Knutson Associates, Inc.
DOCUMENTS SUBMITTED FOR REVIEW; Preliminary Plat
•
PROPOSAL: ' The Developer is requesting rezoning and Preliminary Plat approval
for 9 lots of single family detached or double bungalows.
i
1. Land Development application filed and filing fee & deposit paid Yes
Copy of application forwarded to Watershed District Yes
2. Processing Schedule:
• a. Planning & Zoning Commission Preliminary 7-26-76
b. Park & Recreation Commission •
c. Human Rights Commission
d. Planning Commission Public Hrg.
e. City Council consideration
f. Watershed District ,
3. Type of Development Residential
Environmental assessment or impact statement required per Environmental
Impact Policy Act of 1973: •
.4c
- 2 _
.4
5. Present Zoning Rural
I.
6. Proposed Zoning RM 6.5 (Single family detached or double bungalows
Consistent with approved P.U.A. or Comp Plan? Yes
List variances required & setbacks that apply: None requested
•
7. Project Area 3.5t Ac. Density ' 2.6 lots/acre
8. Public open space 'and/or cash dedication Refer to PUD approval
Private open space Refer to PUD approval
Trail systems & sidewalks Proposed along Purgatory Creek through PUD approval
•
Range of lot sizes 19,250 S.F. to 14,620 S.F.
9. Preliminary Building Plans Not submitted •
10. 'Representative Soil Borings Not submitted
1l. ' Street System
•
A. Access to adjoining properties All access is proposed to
come from Creek Knoll Road
•
B. Type R/W Roadway (Back to Back of Curb)
Private
driveways, no Y4
parking ---- Post no parking signs
Leading to Cul de sacs 50 28. •
(not over 1000') & •
minor residential
Cul de sacs 100 78 (no island)
120 98 (with island)
Thru Residential (collectors)
& Cul de sacs
over 1000' 60 32
IL
•
36(o •
- 3 - •
PISA • 70 44
1 Parkway 100 28 divided
•
Fire Road 12 '
Pathways 12 6
Street grades-max. 7.5%, min. .5%
Concrete curb & gutter required,
•
Deep strength asphalt design
C. Check'City's comprehensive street system. •
Developer builds 1/2 of parkways at his cost, & R/W dedication. ' NA •
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. Required
E. Private parking lots--B6-12 conc C&G and full depth asph. design
N.A.
F. Street Signs-Developer or City installs _Developer purchase, City installs
412. Parking: (See Ord. 4141) D.K.
13. Utility Systems:
A. Sanitary Sewer Available
•
1. Service Detail 4" minimum
2. Service to adjoining property Final design required
B. Watermain: Available
1. Check Service Design (20 psi at highest fixture) O.K.
2. Hydrant location-Fire Inspector Fire inspector to review
•
3. Valving Final design required
4. Compliance with fire code Fire inspector to review
5. Service to adjacent property Final design required
- 4 -
C. Storm Sewer & Grading Plans_not.submitted_
1. Sediment control plan Required - Not submitted
2. Skimming & grit control for commercial parking lots N.A.
3. Positive outlet for drainage ponds Required
4. Avoid excessive grading and tree removal • Required
5. Arrows showing drainage Grading plan not submitted
Accomodate drainage from adjacent properties Required
6. Denote drainage area for individual inlets and projected high water
for ponds
Required
7. Keep drainage in gutters, not in center of street Required
8. Sod drainage swales and steep slopes 'Required
9. Flood plain encroachment
41 10. Watershed District approval Required
11. DNR approval
D. Natural Gas & Telephone Underground required
E. Electric (underground) Required
)4. Street Lights & On-Site Lighting Required
15. Preliminary plat to be submitted to MHD or Henn. Co. if abutting a '
State or County Hwy.
Hennepin County Highway Dept. (Co. Rd. #1)
16. List special assessments levied and pending Levied: $6128, Street Imp.
$18,375.00; 06127, Lateral sewer, $17,430.00; #6143, trunk sewer &
water, $43,400.00. Pending: Lateral water at time of development at current rate
17. Re-zoning agreement required Required
Developer's Agreement required Required
ILTitle Abstract for Attorney's review No
CITY or ED1:1l :<..mr.ir. .'1(0
Q.te.
/,.
lc:RP SAL._:cy.7.3 - TREE )<1:),;017;11. fa) ldo. 3
The undec:ar•.ra has e,:i:mincd the inrt'octioA:: to b1d'ers ;ay.: She
trues to he rca:o\c ! cni the list and s:ubrr.it.3 thr fcllo it•,c ;,rice for
the service; to be rrndr:rrzd:
li_rmn o'P;_,,t rry Ci:_n.;r _ Arl.^:rrss __— _ 'rae_Nr. __'t;oc_l_me. rrTrt_
Ii. J. liofs,.rar.1 15951 N. Iiiilerost 467 $163.13 1
is:a.:e Armstrorr,? 15930 N. Ai 1 icres t 623-636 $790:00 2
Ralph Ilotreen 15950 N. Pillcrc•st 253-262 see belo4t.
Ccl'luod v 3t:adlund Got 3 Bl 4 h.illcrest 3ru 0226 F, $338.00 1
16020 Alpine Nary 229-235
Bcklund G Si:edlund tot 18 ill 2 Edenvale 6ti: 294-296 $48.00 1 bemoan
1412 Vale Court
Gc;:lund $ S•,cdlend Platt 56708 Parcel 2830 305 $288.00 1
Nest side of Co. Rd. 4
across form }:_ilcrest
Lane
Did se:;:ur(ty e,uwl.to at )evct 25 po cent (2550 of the toni Lid
Vaccompanier:o this 2:oposLti the same lx,ing sub i.ec' to forie:t :n th•?event of bidder default. .
It is understood b7 the undersigned that the City reservves tha right
to reie.^.t any or all b::' end that the. Lids may not be withc::own
until 30 diys after the •ui_ls are opener!.
ENVONM.ENTAL TECHNOLOGY
2 SO Who Alva es4.-Sal 4 .
i j, ,,
aG'G :� �� VICE PRESIDENT 9-20-76 __
IA. Title Date
1 - Roadside dump
2 - Burning
Note: Could not get access to property - Trees $'s 253, 254 & 259
bid at $112.00 to roadside
• 7.,
..) •
whp/jh 1011/76
f
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 323
AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended by adding to
Section 3, Township 116, Range 22 as follows:
That part of the West 1/2 of the Southwest 1/4 of the Northeast
1/4 of Section 3, Township 116, Range 22 described as follows:
Beginning at the Southwest corner of said Southwest 1/4; thence
East along the South line of said Southwest 1/4 to the Southeast
corner of said West 1/2; thence North along the East line of
said West 1/2 distant 682.55 feet; thence deflecting to the
left 31° 30' distant 193.8 feet; thence Southwesterly 640.0
feet more or less to a point in the West line of said Southwest
1/4 distant 493.5 feet North of said Southwest corner; thence
South along said West line 493.5 feet to the point of beginning,
except therefrom an easement over that part lying with the right
of way of County Road No. 60, according to the United States
Government survey thereof,
which property shall be and hereby is removed from Rural zone and shall be
included hereafter in the Public zone.
Section 2. The above described property shall be subject to the terms
and conditions of that certain Rezoning Agreement dated , 1976, •
entered into between Crosstown Baptist Church and the City of Eden Prairie,
•
which agreement is hereby made a part hereof and shall further be subject
to all of the ordinances, rules and regulations of the City relating to
such Public zone.
Section 3. This ordinance becomes effective from and after its passage
and publication.
FIRST READ at a regular meeting of the City Council of the City of
Eden Prairie this day of , 1976 and finally read and
a
adopted and ordered published at a regular meeting of the City Council of
said City on the day of , 1976.
Wolfgang Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the day of , 1976.
a •
-2-
`�1�11
THIS ACRIPIrNT, wade and entered into in triplicate this day of
by and between the crOlif;To—:: pAprisT cmgcli a
religionn corpora t iii, here hia l ter re fi•rred to at: "0,.incr", and the t'ITY
Oi n into itipal corporal. ion hereinafter rehired I., an "Ci t y",
VILEIZEA:i, Owner has request el the City to cltango zoning from Rural to
Public for development of lard more liii iv described in Naha A attached
hereto and made a hereof; and
WHITEAS, it it; holieved tiny re-toning of said area to hiblic uonid be
in the public's interest, welfare and convenience of the people of the City
of Eden Prairie; anl
111 WHEREAS, Owner agrees to develop the aforementioned property in
consideration of ihe City's changing of the zoning; and Omer further agrees
that as a part of !Mid consideration, it lay ont, develop and maintain
said project an hereinafter net Forth'.
NOY, Turitrropx, THIS ACRITl17h vmmrm that for and in consideration
of the Mayor and tin, City Council of the City a,kipting an Ordinance chaninr,
(lie zoning from Rural to Public, the Owner agrees to construct on said
property in accordsnce with the planninp, architectural, engineering and
landscaping regnircoonts of all City Ordinances nnhheet to (hi'
terms and conditieos:
• That the acre Cronntown raptint Chnrch site he rocemmonded
for reorting from rnral Dintrict to Pnhlic District lor devolomont ol
IL church
• .
•
A, Parking Lot (conforming; Io city ordinances)
II. Church buildiii;•,�; (including, resident cs it regnired)
C. ()pen ;:p;tc••/t•rc•real in c lopmi•nl,
7. That the site play meet the requirements for Phli Districts as
set forth in Ordinances 141, 13;, 1711. That the final site plan shall be
•
reviewed by the Zoning; and Planning Commission for the purpose of making a
recommendation to' thc City Council.
' 3. That the site plan presented does not completely meet the front
yard set bads required for the parking lot of 50 feet from the street
right of way. The parking ink should he moved to meet the 50 foot set back
from existing Raker (toad.
4. That the church work with the city park and recreation department
•
to allow Joint recreation use of city and church facilities.
•
1111 5. To provide if needed n unikony easement connectinc;'Forest Dill
School north to St. John's grounds.. T1xe oalia;ay most likely would be along
the west property line,
C. There shall be no lilts storage permitted on this site without the
prior approval of the city council.
7. That aece'"• to the property shall he relocated and subject to
approval by the City Engineer.
8. That all sanitary sewer, watcrutain and storm sewer facilities,
concrete curb and gutter and bilurninnua surfacing whether to be public or
private, shall be der:ipii d to City l;tandard;; by a Registered Professional
Civil Engineer And submitted to the City Engineer for approval. The developer,
through his engineer, r.b:III previ•Ic• For ccmlpeicni daily inspection of all
sheet and utility construction, both pulclic and private. A,-built
drawings with service :Ind valve I it's: on reproducible me tar and certificates
of completion and compliance with :ateri t iral ions shall aloe he delivered to
•
the City Engineer. The developer also agrees to pay all fees for City
Engineering and Odminial rative services consistent with current City
requirements.
FURTHER CITY AMO lROI'IRTY MINERS ACM:
1. That the property owner:; shall comply with all applicable rules,
regulations, ordnance:; and loci: of the City or Eden I'rairie.
2. hat the provisions of this Agreement shall be binding upon and
enforceable against Chaser, its successors and assigns, and upon alt
subsequent owner:, their respective heirs, successors and assigns of the
property herein described.
3. That .an executed copy of thin Agreement shall be recorded will the
Register of Deeds, Hennepin County, Minnesota.
4. That if Ouner fails to proceed in accordance with this Agreement •
within twenty-four (2/4) months from the date hereof, Owner, for itself, its
successors and assigns agrees that it will not oppose the reruning of said
property back to it:; Rural zoning.
IN tITTNESS IIIICREOE, the parties to this Agreement have caused these
presents to be executed the day and year aforesaid.
CitY OF EDEEL 1'IOAIIRIE, a municipal
corporation of the Stale of Minnesota
(S E A L)
Its Mayor
Its Manager
(:Rtl;;i ttt.gl l.A''I•tST CI ItMI:C11, a religious
It corporation
I:v:
(S ti A I.)
• M
•
_ a
tSTATE OF MTNNIiSO A)
COUNTY OF 11 llm•I'Jn)
Ilic foregoing hinrrnmenl vac: acknowledged before Inc this day of
_--' 19/6, by I:.�li;�au; i'rn.-.�•I, III, !layer :nnl by No};ar tllstod,
the City Manager of the City of I'Jon 19.oirie, a tlinuesota Municipal
corporation on behalf tit the corporation.
Notary Public •
STATE OF MfllNESOI'A)
COUNTY OF llFMfIF1111)
The foregoing instrument was acknoulcdged before me this _ day of
•
, 19/6 by — the and
the of Crosstown SaptiSt
Church, a religions corporation, on behalf of the corporation.
Notary Public
•
-h-
whp/Jh 9/30/76
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 328
AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended by adding to
Section 7, Township 116, Range 22 as follows:
All that part of the East 400 feet which lies North of a line
drawn at right angles to the East line, at a point thereon,
distant 525 feet South of the Northeasterly corner of the
following described tract of land: That part of the West
half of the Northeast Quarter, Section 7, Township 116, Range
22, described as beginning at the Southwest corner of said West
Half of the Northeast Quarter; thence North along the West line
thereof 724.14 feet; thence Northeasterly, deflecting to the
right 49 degrees, 31 minutes, a distance of 579.72 feet;
thence Northeasterly along a tangential curve to the right
with a radius of 1769.08 feet to a point on the East line of
said West Half of the Northeast Quarter distant 1485.35 feet
North of the Southeast corner of said West Half of the Northeast
Quarter; thence South along said East line to a point 196.48
feet North of said Southeast corner; thence Southwesterly to a
point on the South line of said West Half of the Northeast
Quarter distant 363.78 feet West of said Southeast corner; thence
West along said South line to the point of beginning,
which property shall be and hereby is removed from•Rural zone and shall be
included hereafter in the R1-13.5 Zone.
Section 2. The above described property shall be subject to the terms
and conditions of that certain Rezoning Agreement dated , 1976,
entered into between Robert Nygren and Martha E. Nygren and the City of
Eden Prairie, which agreement is hereby made a part hereof and shall further
be subject to all of the ordinances, rules and regulations of the City
relating to such RI-13.5 Zones.
t
Section 3. This ordinance becomes effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of
Eden Prairie this day of , 1976 and finally read and
adopted and ordered published at a regular meeting of the City Council of
said City on the day of 1976.
Wolfgang Penael, Mayor
ATTEST:
John D. Frans, City Clerk
SPublished in the Eden Prairie News on the day of 1976.
I
-2-
_ 1
tdtpf.lh 9/30i 76
REZONING ACRE:f:NI:NT
THIS ACREEME;;T made and entered into in triplicate this day of
, 197f, by and between RObERT NYCREN and MARTIIA E. NYCREN,
husband and wife, hereinafter referred to as "Owners", and the CITY OF
EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City",
llITNESSETH:
WHEREAS, Owner has requested the City to change the zoning from Rural
to R1-13.5 for development of land more fully described in Exhibit A attached
hereto and made a part hereof; and
WHEREAS, it is believed that the rezoning of said area to R1-13.5 would
be in the public's interest, welfare and convenience of the people of the •
City of Eden Prairie; and
411
WHEREAS, Owner agrees to develop the aforementioned property in
consideration of the City's changing of the zoning; and Owner further
agrees that as a part of said consideration, it will lay out, develop
and maintain said project as hereinafter set forth;
NOW, THEREFORE, THIS ACREEIIENT IIITHESSETII that for and in consideration
of the Mayor and the City Council of the City of Eden Prairie adopting an •
Ordinance changing the zoning from Rural to R1-13.5 the Owner agrees to
construct on said property in accordance with the planning, architectural,
engineering and landscaping requirements of all City Ordinances, subject
to the followinh conditions:
1. That the planning and the development will be in accordance with
the preliminary plat approval as approved by Resolution No. 1183.
IL2. That said property shall be developed into 8 single family
residential lot::.
3111'i
3. That the owner prior to doing any work onslid plat shall obtain
a grading and land alteration permit from the Riley-Purgatory Creek Watershed
District.
4. That the Owners comply with the requirements of the recommendations
•
of the staff report dated July 22, 1976, which report is made a part hereof
and attached hereto marked Exhibit B.
5. That the owner pay as and for a cash park fee the sum of $275.00
per lot.
6. That the owner will provide a pathway easement along the area
designated as future right of way for Valley View Trail. That there will
be no driveways or direct access from Valley View Trail to the platted area.
All homes must front on the street located within the plat.
7. That all sanitary sewer, watermain and storm sewer facilities,
concrete curb and gutter and bituminous surfacing whether to be public
or private, shall be designed to City Standards by a Registered Professional
Civil Engineer and submitted to the City Engineer for approval. The
developer, through his engineer, shall provide for competent daily
inspection of all street and utility construction,.both public and private.
As-built drawings with service and valve ties on reproducible mylar and
certificates of completion and compliance with specifications shall also
be delivered to the City Engineer. The developer also agrees to pay all
fees for City Engineering and administrative services consistent with current
City requirements.
FURTHER CITY AND PROPERTY OWNERS ACRES;
1. That the property owners shall comply with all applicable rules,
regulations, ordinances and laws of the City of Eden Prairie.
-7-
2. That the provisions of this Agreement shall be binding upon and
enforceable against Owner, its successors and assigns, and upon all
subsequent owners, their respective heirs, successors and assigns of the
property herein described.
3. That an executed copy of this Agreement shall be recorded with the
Register of Deeds, Hennepin County, Minnesota.
4. That if Owners fail to proceed in accordance with this Agreement
within twenty-four (24) months from the date hereof, Owners, for themselves,
their successors and assigns agree that they will not oppose the rezoning of
said property back to its Rural zoning.
IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed the day and year aforesaid.
411 CITY OF EDEN PRAIRIE, a municipal
corporation of the State of Minnesota
(S E A L) BY:
Its Mayor
Its Manager
•
Robert Nygren
Martha E. Nygren
STATE OF MINNESOTA)
) SS.
COUNTY OF IIENNEPlN)
The foregoing instrument was acknowledged before me this day of
1976, by Wolfgang Fenzel, the Mayor and by Roger Ulstad,
the City Manager of the City of Eden Prairie, a Minnesota municipal corporation
on behalf of the corporation.
Notary Public
31 1;(.) -3-
STATE OF MINNESOTA)
) SS.
COUNTY OF IllliNEPB4)
On this day of , 1976 before me a Notary Public
within and for said County, personally appeared Robert Nygren and Martha
E. Nygren to me known to be the persons described in and who executed the
foregoing instrument and acknowledged that they executed the same as their
•
free act and deed.
Notary Public
•
•
•
-4-
•
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•
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I)6- %, ''' . -1; I1'-' 'i ,‘ EXHInrE A
I
t :
STAFF 1;CPOV I' I
r- •'o: Planning; Comati:a.ion '
17t0:,1: Chi hlug;er
'1':IROKII: • pier]: Putnam, Planning Director
Ri.Q11UST: Zoning Itiotrirt change from Rural to 1:1-13.5 I
and prclir:;a:uy platting , 8 s.f. lots
APPLICANT: Molest 1:l•e rrn
1.00AI'l0:•:: :south of Hidden Ponds on Valley View Road
1
1/•CCCP(;;IhI 1 NIQ .t:1'f l O:: .
The proposed projc.,t is current])' within a Rural Zoning District , hut is
depicted on the Guide Plan as single family . i '
•
The surroundings land to the north and west is platted into large single i
•
family home lots in the range of 13,000-111,000 square feet. Hidden Ponds •
First Adel.ition is north of the project directly across Valley View Road, , •
and hidden Ponds Second Addition and the proposed school/park site are
located 400-S09 feet rest. of tiro project.
®bT'1'1i CIIrIcpr'ali:tl: I;J(>
The site it currently an old arm"trad with an abandoned railroad running
through the site directly adjacent and south of Valley View Road. 'fliero '
is .. line of dense :ncdiunt story vegetation along the railroad line. 'Phis
railway is designated on the City's Open Space System Map an a ipnjor trail .
corridor from the hidden Ponds area and west up through Prairie View school
site. The proposed (hidden Ponds school e.it'o area is also adjacent to this
opens space corridor ling:.
The bath point, of the sits of 926' points toward the southeast and northc:..t
to lo;1 elevations of 90S. Slopes on the site range from 2-6. in the hleytie
;:rely 1.•o:;n are; to 6--12; on the t;oyd(nClay Loam tires. foils from these gr,t::..r,
at :,]opus bitneri: 2--12 '., Last- only moderate limitations for urbcn: and cemmat- ,
cinl develola,;:i uith puhlic'sewer. The area adjacent 10 the south hounii::vy
lice of'thc pregmrty is a lemur rcct :Wren litre'] as: a march soil material.
' his, soils area would •co'.t likely not Le acceptu1)1v for furore development •
::net lot plating wiU:d ha:'c to tale this factor into consideration.
.
Anothor l'.^.star to consider in this projrct is that in ftrturc area platting •
of street locations. The col-de-sae a,'va illustrated its Quail Circle i:;
•.hill:u in such : way thn the 0.1!.ta11cc b;tr•ccn its comer tine nitd rate cete:c-r I
lint, ni Valley Vic,' 1:.sad col-d,•' :•a: . tdurh is to tiro cant, wontd only NI ,l
ag,ttrnxint:Iety l:;tt feat. Or.li❑:'uce I! ,e'. re"c•n: 1u lret jogs modes 1,:11..L',.
I .'.rt i is 5, as 101lo'::.,, " a,T,•lr. jogs sh:.:i have a center line o;•fsvt. of ;
dl fs.et or si c'' Ow,: aI;'tait to minor •tired:•, or torvice streets. In all t
h eases; ;Loy Jc.t1I b,• .itt,ided". .I
,i
,t!)j �!=){) EXHIBIT IS
A
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fit;fi I port•idygrcu Plat ]; 'lolling 2- July 22, 1976 i I
Approval of the plan a:; shown would require a variance in regards to the
( creel' off:cot. in a,Plit ion the loin! area to the west of this project is
I'approxill:ately 440 ' wide , or about the ::acne width as, this project..
Since a schu'iJ/p:u'l. •.it,• may II II cml ly hound that project on the west .
and aeeess for Ilia schc,,,i/';r,r1: site will probably be taken off of the
parted)., the. only accc•::. to the 1a11,1 wo!'.'. and ::oath of thia ptolcct WOO](I
he off of Valley Vier: itoad much in the same sc:uuetr as the proposed puail
Circle serve:; this project.. It oly„•ars ibat the next project would also
require a variance for off•.,'t :,tact a.
Since tbiS project in not a pwl eq,pIi cat ion, hut rather trying to conform
•
as closely as pos;il,?o to the l:i.h 'Mining Category, and Solid. Ord. 93, the
4 cu1-dc•-ooc. let:: ]:chsl.cl :i,4,a,f, G euuIcl have to be given width variances ;.
from the 90 foot width required under C)cd. 13:;. Since the lot sizes are
all over 14, 900 c"u:ire foot, the width variance for the col-de-sac lots
seems to be well founded and in fact is a]:sort. always the case with col- ,
do-sac lot_: in Eden I'rairic. I'
DARK A?:D CiP)it: SPACE f:!5O111 Rf is ifi`l1.9
i
Since the proposed major open space Iinl.• located on the old right-of-way I
of the railroad Boas diagonally ecru';; the north portion of this site, t
preservation of its iipltt-of•way should he insured through the platting
process. fj '
Crditrnted 3c:.". , ie,,a;.lir.; rani, ;; lie:: of lard dedication for part; fees, !;
® adopter] in .laic of this year, require:; $275/s.f. detached lot payahlc at time "
of building permit. arplication . In addition to this , approxicatcly ' ,
400 f^et of Sr;:i: 1:',i i s.c,:r.•Gny 1,0 eon',1 roc.:(•,l across: the north end of ',hie I,
site on the old railroad rip,ict-of'-;:,). )f this trail cost were assessed i
exclusively to this devolepnu•tct, the cost woui'd ha about $ 200/tot. This
in addition to the $ 27S/lot seems to be excessive for park fro. Therefore,
the right-of-way for the trail s:honid lae rescrvcd and dedicated to the .
City and the City should I:oi)d this major trai bony connection as money
comes available an is done r:ith other Najaf trails.
']'hc pl:nninp. staff :scold recommend :ppi•osa1 of the request for rezoning
from Rural to-RI--13.. 'fur the proposed lot , 4.4 acre subdivision, and 1
,
al•p)ot'a1 of the preliminary platting fc'r the sauna contingent upon meeting
:ill ;if the rcc:aa:mla:c:at lens of this: t;•n, t .
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III erli!le
September 27, 1976
Mr. Roger Ulstad '
City Manager
City of Eden Prairie '
8950 Eden Prairie Road •
Eden Prairie, MN 55343
RE: Rezoning Lot 2, Block 1, Preserve Center •
Dear Mr. Ulstad:
The Preserve respectfully requests that the council take whatever steps •
it deems desirable to reconsider the previous R.M. 2.5 zonin.g request
for East-West Parkway Apartments, the proposed 129 unit (D-3) rental
apartment site lying west, immediately adjacent to The Preserve Center.
It is my understanding that after its next meeting the South Hennepin
County Human Services Commission will supply the council a letter which
will substantially alter its original observations regarding the project. •
Based upon what I feel is a mutual desire to attain the goals set out in
The Preserve P.U.D., the general quest for truth, and to attain a balanced
housing program within the ccmnunity I feel that the council will want to
review and reconsider its previous action.
If it pleases the council, in an effort to clarify the basis for this re •
-
quest, The Preserve would like to make a brief presentation delineating
previous misconceptions and to request further staff and planning
commission review of original as well as more recently collected data.
Respectfully requested,
•
T PRESERVE
///h
onald L. Hess, Jr., A .L.A.
:l.e..6/
Vice President of Architecture & Planning
DLH/jl
cc: John Gertz
Ken Person
I Larry Peterson
Dick Putnam
Mayor Penzel
Rosemary Dysinger
1 '1 •
A Total Environment Community—8920 Franio Rd.,Eden Prairie,Minn. 55343—(612)941.2001
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Z August 24, 1976
c Mr. Carl Jullie
City Engineer
City of Eden Prairie
8950 County Road 4
0 Eden Prairie, Minnesota 55343
N
uw
Dear Carl:
We hereby request the City of Eden Prairie to authorize the
contractor on our Mitchell Lake development to install the
i 6 additional improvements as outlined in the attached letter
from Rieke Carroll Muller Associates, Inc. within the terms
9 and conditions of the existing contract. We agree co pay for
these additional improvements under the same assessment policy
as will be used for the improvements under the original contract. I'
CAI We will immediately request FHA to approve these additional
0 improved lots. .
n!
f; Yours very truly,
w PEMTOM, INC.
GIN
Q
Bruce A. Thomson
C.) President
2
CC1
. THE PILLSBURY COMPANY
c,; Gord'n M.q onhowe
Vice President and Treasurer
c )
' kb
.c- Attach.
If
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RIEKE CARROLL MULLER •
ASSOCIATES INC
•
August 13, 1976
Mr. Jim Hill
Pemtom, Inc. aahhers
8200 Humboldt Ave. So.
Bloomington, MN. 55431 enpinears
RE: COST ESTIMATES FOR MITCHELL LAKE DEVELOPMENT land surveyors
RCM FILE 753092 •
Dear Jim,
maihnp
•
As you requested, we have prepared cost estimates for const- post office box130
ruction required to complete the sanitary sewer, watermains, hopk ink minmrwta55343
storm sewer and streets in the above project area. The costs
are based on preliminary design, not final construction plans, location •
and include a 10% contingency factor for unknown quantities. lot first street south •
which may become apparent only after final design is complete. 51293rmin to 55343
. The estimated costs are as follows:
Bayridge Lane Watermain $12.700
• Bayridge Lane Streets 27,700
(including curb & gutter)
Subtotal, Bayridge Lane $40,400
Island Area Sanitary Sewer $29,400
-Island Area Watermain 20,200
Island Area Storm Sewer 13,100
Subtotal, Island $52.700
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• TOTAL CONSTRUCTION COST $93,100 t
We have not discussed these possible additions with the Contractor
but believe he would be willing to add them to his present. • hopkins.minnesota
contract for the same unit prices if he would not be unduly ssaumom
delayed in proceeding.
st.cloud
mankato
Very tr your , fxainerd
wonhinyton
David Husby, P.E.
RIEKE CARROLL MULLER ASSOCIATES, INC. •
D 4
0 DOH:ca t lk
cc: Carl Jullie, City of Eden Prairie
i, .)
October 5, 1976 !'
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
• RESOLUTION NO. 1200 •
A RESOLUTION APPROVING FINAL PLAT OF
LAKE EDEN NORTH PLAT TWO
WHEREAS, the plat of Lake Eden North Plat Two has been submitted in the
manner required for platting land under the Eden Prairie Ordinance Code and under
Chapter 462 of the Minnesota Statutes and all proceedings have been duly had there-
under, and
WHEREAS, said plat is in all respects consistent with the City plan and
the regulations and requirements of the laws of the State of Minnesota dna ordin-
ances of the City of Eden Prairie.
•
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
A. Plat Approval Request for Lake Eden North Plat Two is approved
upon compliance with the recommendation of the City Engineer's
•
Report on this plat dated September 23, 1976.
B. Variance is herein granted from City Ordinance No. 93, Sec. 8, •
Subd. 1 waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final plat
as described in said Engineer's Report.
C. That the City Clerk is hereby directed to file a certified copy of
this Resolution in the office of the Register of Deed and/or Regis-
trar of Titles for their use as required by MSA 462.358, Subd. 3.
D. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
E. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
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John D. Frane, Clerk
CITY OF EDEN PRAIRIE
r ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager �ff
FROM: Carl Jullie, City Engineer
DATE: September 23, 1976
SUBJECT: LAKE EDEN NORTH PLAT TWO
PROPOSAL: Dietrich Company is requesting City Council approval of the
final plat of "Lake Eden North Plat Two." This is a 55 lot single
family residential plat (R1-13.5) which involves the replatting of
• several outlots of the first addition of "Lake Eden North."
HISTORY: The Preliminary Plat (previously called Lake Eden Heights) was
approved on March 12, 1974, per Council Resolution #826.
Rezoning to R1-13.5 was finally read and adopted on May 14, 1974,
per Ordinance No. 253 and in accordance with the terms of the "Re-
411 zoning Agreement" dated May 6, 1974.
•
The Final Plat of "Lake Eden North" was approved on May 28, 1974,
per Council Resolution #853.
• The Final Plat now submitted for approval is a replatting of outlots
of "Lake Eden North and conforms with the approved Preliminary Plat.
VARIANCES: Variances from City Ordinance No. 135 for lot area and setbacks
have been approved by the City Council per said "Rezoning Agreement"
of May 6, 1974.
UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer,
concrete curb and gutter and bituminous surfacing will be installed
throughout the development in accordance with City standards. Con-
struction of the westbound lanes of Anderson Lakes Parkway was com-
pleted in conjunction with construction of the first addition.
The Homeowners Association for this development shall be responsible
- for maintaining all drainage ponds within this plat. Such maintenance
shall include silt and debris removal, mosquito and odor control.
Street names are as approved on the Preliminary Plat.
411
- 2 -
• PARK DEDICATION: Outlots E, F, J and L are intended for quasi-public
open space and trailway corridors. The locations and material types
used for trailways should be coordinated with the Park and Planning
Departments. The Homeowners Association for this plat shall agree
that all trailways and greenways will be maintained by said assoc-
iation with right of public use.
BONDING: A performance bond or letter of credit approved by the City
Attorney shall be posted to cover the cost of sanitary sewer, water-
main storm sewer, concrete curb and gutter, bituminous roadways and
street signs and first year costs for street lighting in an amount
approved by the City Engineer.
RECOMMENDATION: Recommend approval of the Final Plat of "Lake Eden North
Plat Two" subject to the following:
1. Execution of the "Developer's Agreement."
2. Receipt of fee for City Engineering services in the amount
of $1,500.
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411
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