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HomeMy WebLinkAboutCity Council - 11/23/1976JOHN FRANE E1EN PRAIRIE CITY COUNCIL TUFS1AY, M.VCIIIE 23, 197i, CdUNCIL MEMBERS: CUNCIL STAFF: , 7:30 PM, CITY HALL Mayor Wolfgang Penzel, 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 Jullie; Joyce Provo, Recor4ing Secretary INVOCATION PLE2GE )F aLEGIANCE ROLL CALL I. APPROVAL OF-A.GENDA AND OTHER ITEMS OF II. MINUTES A. Minutcs of the Retularly Schedulte Ctuncil Meeting held Tuesday, OctWter 26, 1976. B. Minutes of the Regularly Scheduled Council Meetinf, held Tuesday, November 2, 1976. C. Minutes of the Canvassin ,: :.3.7ard hel ,! Thursdri, Neveml!er 4 1976. III. PUBLIC HEARINGS Page 3272 Page 3280 Page 3287 A. Fetz Construction request to rezone approximately 1/2 acre from Rural to Office for use as an office and warehouse. The site is located at 8555 Flying Cloud DrAve (old Phoenix Station). (Ordinance No. 350) B. Poolside Apartments, The Preserve, 84 unit apartment and double Page 3290 bungalow lots located south of Anderson Lakes Parkway and northwest of hill Lake Road in The Preserve, rFquest for PUD Development' Stage, rezoning to P.m 2.5 and RM 6.5 ar c! priiminary plat approval. (Ordinance No. 351 and Resolution No. 1211) C. Vacation of drainage andutilitv over Lot 17, Block 1,. Page 3315 Cluck Lake Estates (Resolution No. 1212 IV. ORDINANCES & RESOLUTIONS A. Ordinance No. 352,,repealinq Ordinance No. 158, which is the ordinance Page 3317 licensing and renulatinq the sale of intoxicating liquor by certain clubs within the Villace of Eden Prairie. V. REPORTS OF OFFICERS. BOARDS & CORIISSIMS A. Reports of Council members. Page 32e8 council Agenda - 2 - Tues.,November 23, 1976 B. Report of City Manager 1. Report on Vo-Tech Model Home. Page 3318 2. Subdrban Public Health Nursing . Service. Page 3319 C. Report of Director of Community Services 1. Receive appraisal on the Cedar Hills Golf & Ski area. Page 3323 1 2. Recommendation from the Parks, Recreation & Natural Resources Page 3324 Commission on the Metropolitan Parks ) and Open Space 5-year Capital Improvement Program. 3. Receive Kucher/Deaver appraisals. Page 3326 4. Recommendation of the Parks, Recreation & Natural Resources Page 3328 Commission on the Raze property. O. Report of Planning Director 1. Land Development Procedures: PUD Procedures, Zoning Procedures and Platting Procedures. 2. Setback Variances. Page 3369 E. Report of City Engineer 1. Status report on Chanhassen's request to connect to the Eden Page 3372 Prairie Duck Lake-1 Trunk Sewer. 2. Resolutions for cooperative agreements with the State of Minnesota covering roadway construction, signalization and right- of-way dedication for T.H. 169 improvements, I.C. 51-266. a. Resolution No. 1213, authorizing the Mayor and City Manager to Page 3373 execute coc;erative construction agreement No. 58346 with the State of Minnesota for roadway construction on TH 169 from 1-494 to 1/4 mile south of Schooner Blvd. (Ring Road). b. Resolution re. 1214, authorizing the Mayor and City Manager Page 3400 to execute coouerative avreement No. 57926 with the State of Minnesota for a traffic signal installation on T.H. 169 at the northerly Eden Prairie Center entrance. c. Resolution Po. 1215, dedicating easements and right-of-way - Page 3405 acquired by the City tor 1. H. 169 improvements, I.C. 51-266 for street and highway purposes. F. Report of Finance Director 1. Payment of Claims Nos. 2937 - 3087. 2. Clerk's License List. VI. NEW BUSINESS VII. ADJOURNMENT. Page 3406 Page 3409 Page 3331 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL ( TUESDAY, OCTOBER 26, 1976 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE 7:30 PM, CITY HALL Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce Sidney Pauly City Manager Roger Ulstad City Attorney Harlan Perbix City Engineer Carl Jullie Joyce Provo, Recording Secretary Chief Building Inspector Wayne Sanders ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: A. Discussion of clarification of Dutch Elm Disease Implementation Policies. B. Appointment of a Youth Member to the Parks, Recreation & Natural Resources Commission. C. Appointments to the governing body for the Cultural Center. D. November and December issues of HAPPENINGS newsletter. E. Communication dated October 21, 1976 from Mr. Cedric Warren and Mr. Vernon Beck. F. Request from The Preserve for the Council to set a Public Hearing for Poolside Apartments. • NOTION: Pierce moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES A. Minutes of Regular Council Meeting held Tuesday. September 28, 1976. MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the Council meeting dated September 28, 1976 as published. Motion carried unanimously. Council Minutes - 2 - Tues.,October 26, 1976 B. Minutes of Regular Council Meeting held Tuesday, October 5, 1976. Pg. 2, 4th para., strike "be recognized in opposition" and insert in lieu thereof "speak". Pg. 3, 4th para., 2nd line, strike "water being pumped up to the sewage", and Insert in lieu thereof "sewage being pumped up into the lateral sewer main via a lift station"; para. 7th para., 2nd line, strike "Ponds" and insert "Oaks". Pg. 5, 3rd para., 1st line, strike "State Law" and insert "Ordinance". Pg. 6, 2nd para., 2nd line, strike "constitutes" and insert "requires". Pg. 8, 1st para., 5th line, strike "the project" and insert "certain parts of the project by the City"; 5th para., 2nd line, after "Two", Insert ", and direct staff to resolve the street name, eliminating the mid- block change and the house numbering system."; and in the 6th para., 4th line, strike "Roy" and insert "Ray". MOTION: Meyers moved, seconded by Pierce, to approve the minutes of the Council meeting held October 5, 1976 as amended and published. Motion carried unanimously. III. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Fetz Construction to set a Public Hearing for rezoning their property at 8855 Flying Cloud Drive. City Manager Ulstad spoke to communication from Fetz Construction, Inc. dated October 4, 1976, requesting a Public Hearing be set for their rezoning request. MOTION: Pauly moved, seconded by Bye, to set November 23, 1976 as the Public Hearing date for the rezoning request for Fetz Construction, Inc. Motion carried unanimously. B. Request from John Suback to set a Public Hearing for consideration of his liquor license. City Manager Ulstad explained that Mr. Suback's application is completed and on file. Further that the Public Safety Department has reviewed the application and has submitted a report to the Council for review. Council members requested additional, information be provided on the backgrounds of the two applicants prior to the setting of this Public Hearing. Councilwoman Meyers stated she would like to see the entire file. NOTION: Meyers moved, seconded by Pauly, to continue the request of John Suback for consideration of his liquor license to the November 2nd Council meeting. Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 346, establishing a governing body for the Cultural Center. MOTION: Meyers moved, seconded by Pierce, to approve the 2nd reading of Ordinance No. 346, establishing a governing body for the Cultural Center. Motion carried unanimously. 32-13 Council Minutes - 3 - Tues.,October 26, 1976 A. 2nd Reading of Ordinance No. 346, establishing a governing body for the Cultural Center. (Continued) Mayor Penzel recommended the following members to serve on the Historical and Cultural Commission: Helen Anderson, Councilwoman Sidney Pauly, and. Allene Hookom through the end of 1976, Lynn Flavin and Jan Sultzman through the end of 1977, and Carol Hone and Albert Picha through the end of 1978. MOTION: Pierce moved, seconded by Bye, to confirm the appointments recommended by Mayor Penzel. Motion carried unanimously. General discussion took place on how appointments are made to various boards and commissions. Bye expressed his opinion that the general method of open selection of oommission members is something less than open. He was very concerned that commission members become verified very quickly without any real open questions. Penzel explained that in the past we have solicited residents to volunteer If they were interested in serving on any particular board or commission. It was the consensus of the Council to interview persons interested in becoming a member of a board or commission. Mayor Penzel requested that staff provide the Council with a list of all boards and commissions along with the date their terms expire,and that the candidates winning election as Councilpersons and Mayor take part in the interviews. Further that publicity appear in the HAPPENINGS newsletter soliciting interested persons to submit their name as to what board or commission they are interested In serving on. V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members. No reports. B. Report of City Manager I. Request to employ auditor for 1976 audit. City Manager Ulstad spoke to memo from Finance Director Frane dated 10/19/76 recommending retaining George M. Hansen Company as the auditing firm to conduct the 1976 audit for the City of Eden Prairie. MOTION: Pierce moved, seconded by Meyers, to retain the George M. Hansen Company to conduct the 1976 audit for the City of Eden Prairie. Motion carried unanimously. " 2. Discussion of November 2nd Council meeting. City Manager Ulstad questioned if the Council would gtill like to hold their Council meeting on November 2nd as this is the same date as the General Election is to be held. MOTION: Meyers moved, seconded by Pierce, to hold the regularly scheduled Council meeting on November 2nd. Meyers, Pierce, Pauly and Penzel voted "aye", Bye voted "nay". Motion carried. 6211/ Council Minutes - 4 - Tues.,October 26, 1976 3. Review of 5-year capital improvement program for Eden Prairie Fire Department. City Manager Ulstad explained that the Eden Prairie Fire Department, through Public Safety Director Hacking, did submit a 5-year capital improvement program for upgrading the operation of the Fire Department. Mr. Ulstad stated that he had met with the Fire Department relative to their capital improvement program and they had expressed their desire to appear before the Council to discuss the details. Public Safety Director Hacking noted that the Fire Department has strong concerns about the Fire Department being able to continue the good service they have been able to provide the City. Fire Chief Ray Mitchell, along with Assistant Fire Chief Gene Jacobson, appeared before the Council and Chief Mitchell distributed and outlined the material for improved fire protection in the City of Eden Prairie. After answering questions of Council members, Chief Mitchell asked for some direction from the Council. Meyers suggested that the Fire Department prepare a news release for Council approval to go out into the papers and possibly a city-wide mailing with the HAPPENINGS newsletter as to what the Fire Department is requesting and why. Chief Mitchell felt approval of what the Fire Department is requesting should be left up to the voters in the form of a bond referendum. Bye stated he would like to get the Fire Department's proposal to the voters as quickly as possible. MOTION: Bye moved, seconded by Pierce, to solicit from the Public Safety Department a final proposal along with figures from our Finance Director as to methods of financing, costs,and all other pertinent data, plus other staff input, submitting same to the Council for their consideration. Motion carried unanimously. Chief Mitchell requested permission to show slides of WAFTA. Due to the time and length of the agenda, Council members asked that these slides be shown at another time. 4, Request to advertise for bids for 4 intermediate size police vehicles. City Manager Ulstad spoke to the request from the Public Safety Department for the Council to authorize advertisement for bids for 4 intermediate size police vehicles. MOTION: Pauly Moved, seconded by Bye, to authorize the Public Safety Department to advertise for bids for 4 intermediate size police to be received November 8, and awarded November 9. Motion carried unanimously. =Da Council Minutes - 5 - Tues.,October 26, 1976 5. Hennepin County Emergency Communications Agreement City Manager Ulstad spoke to memo from Lt. Keith Wall dated October 20, 1976 with the recommended changes to Resolution No. 1141. MOTION: Meyers moved, seconded by Pauly, to amend Resolution No. 1141, the Hennepin County Emergency Communications Agreement, naming Hennepin County as the participant and the Sheriff as a designated director. Motion carried unanimously. C. Report of City Attorney 1. Appeal from Roger Sandvick regarding action taken by Board of Appeals & Adjustments City Manager Ulstad spoke to the communication from City Attorney Perbix dated October 22 pertaining to the definition of a block. Mr. Sandvick stated his appreciation for the legal opinion and recommended that this opinion become a permanent part of Ordinance No. 135. He explained that his understanding is that the remaining 3 lots will require a setback to the already existing homes, taking the average of those setbacks. City Attorney Perbix agreed with this interpretation. • • Mr. Sandvick further emphasized the reason for the problem is that the land drops off significantly and is really not conducive to a normal building site. He requested that requirements be spelled out when another person wants to build a home on one of these lots. William Ekoff,builder and owner, explained that the remaining lots do drop off rather rapidly and with all the trees, there is no way that these lots can be filled to make them buildable. MOTION: Bye moved, seconded by Meyers, that the records show the action of the Board of Appeals and Adjustments as to Lot 1, Block 3, Kings Forest' • Addition to Stevens Heights, stands as null and void as the City Attorney's opinion stated that no variance is needed, and authorize the Building Inspector to grant a building permit to Ken Nelson. Motion carried unanimously. Penzel requested that a copy of the City Attorney's legal opinion be forwarded to the Board of Appeals & Adjustments as an addendum to their records. D. Report of Planning Director 1. Presentation on Convenant Living Centers Planner Dick Putnam gave a slide presentation on the Convenant Living Centers and answered questions of Council members. MOTION: Meyers moved, seconded by Bye, to direct the staff to draft a resolution for consideration at the Council meeting to be held November 2nd in support of the concept of Convenant Living Centers. Motion carried unanimously. MOTION: Bye moved, seconded by Meyers, to continue the Council meeting past 11:00 PM. Motion carried unanimously. 3 2,1 6, Council Minutes - 6 - Tues.,October 26, 1976 E. Report of Director of Community Services City Manager Ulstad explained that Mr. Jessen has negotiated a price for the Leo Lund property somewhere between $10,500 - $11,000, opposed to the $18,000 originally proposed based on the appraisal. Meyers requested that a total figure be secured based on the assessments outstanding, 1976 taxes, and number of years property is delinquent. MOTION: Bye moved, seconded by Pierce, to negotiate with Leo Lund to purchase his property at a price not to exceed $11,000. Motion carried unanimously. F. Report of City Engineer 1. City of Chanhassen request to connect to the Eden Prairie Duck Lake-1 Trunk Sewer City Manager Ulstad spoke to communication from Russell H. Larson, Chanhassen City Attorney, dated October 19, 1976, requesting time to appear before the Council regarding permission for Chanhassen to connect to the Eden Prairie Duck Lake-1 Trunk Sewer. Russell Larson, Attorney for Chanhassen, and Al Klingelhutz, Mayor of Chanhassen, appeared before the Council and answered questions. Mayor Klingelhutz requested that a definite figure not be set for Chanhassen to connect to the Eden Prairie Duck Lake-1 Trunk Sewer, but that the .Eden Prairie City Council set a minimum figure for Chanhassen to negotiate and come up with a reasonable figure. MOTION: Meyers moved, seconded by Bye, that the City Council reaffirm their action of October 12 regarding the Chanhassen Trunk Sewer Connection to the Eden Prairie Duck Lake-1 Trunk Sewer, and direct the .staff of Eden Prairie and Chanhassen to meet and negotiate an acceptable figure to be considered by the Eden Prairie City Council as soon as possible. Motion carried unanimously. 2. Receive feasibility report for utility and street improvements in Forest Knolls 2nd Addition, I.C. 51-294. (Resolution No. 1192) City Engineer Jullie spoke to Resolution No. 1192 and petition received from Don Peterson and Wilbur Gjersvik. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1192, receiving the feasibility report on Project I.C. 51-294, ordering the improvements and preparation of plans and specifications subject to receipt of a 100% petition by the property owners and their wives, waiving their public hearing rights. Motion carried unanimously. 3. Right-of-entry agreement with The Preserve for construction of Preserve Boulevard, I.C. 51-282. City Engineer Jullie recommend approval of the right-of-entry agreement . in lieu of the actual right-of-way documents. 32.11 Council Minutes - 7 - Tues.,October 26, 1976 3. Right-of-entry agreement with The Preserve for construction of Preserve Boulevard, I.C. 51-282. (Continued) MOTION: Meyers moved, seconded by Bye, to approve the right-of-entry agreement deleting items 6 and 7, and authorize Mayor and City Manager to sign same. Motion carried unanimously. 4. Accept sanitary sewer and watermain in the Edenvale 11th Addition for City ownership and maintenance. MOTION: Bye moved, seconded by Meyers, to accept sanitary sewer and watermain in the Edenvale 11th Addition for City ownership and maintenance. 5. Receive petition and set public hearing date of 12/7/76 for vacation of drainage and utility easement over Lot 17, Block 1, Duck Lake Estates. City Engineer Jullie recommended approval of Resolution No. 1208A, ordering hearing for vacation of utility easement on Lot 17, Block 1, Duck Lake Estates. MOTION: Bye moved, seconded by Pierce, to adopt Resolution No. 1208A, ordering hearing for vacation of utility easement on Lot 17, Block 1, Duck Lake Estates. Motion carried unanimously. • Meyers requested the staff investigate if the land division is officially recorded and send this information to the Council in the "For Your Information" packet. 6. 1st Reading of Ordinance No. 348, changing the street name in the Westgate (east) Addition. City Engineer Jullie recommended approval of the 1st Reading of Ordinance No. 348. MOTION: Meyers moved, seconded by Pierce, to approve the 1st Reading of Ordinance No. 348, changing the street names in the easterly portion of the Westgate Addition. Motion carried unanimously. G. Report of Finance Director I. Payment of Claims Nos. 2730 - 2837 MOTION: Bye moved, seconded by Pierce, to approve Payment of Claims Nos. 2730 - 2837 with the exception of 2757. Bye, Pierce, Pauly, Meyers and Penzel voted "aye". Motion carried. 2. Clerk's License List MOTION: Bye moved, seconded by Pierce, to approve the Clerk's License List dated October 26, 1976. Motion carried unanimously. 32111 Council Minutes - 8 - Tues.,October 26, 1976 VI. NEW BUSINESS A. Discussion of clarification of Dutch Elm Disease Implementation Policies. Meyers explained that since notices and news items have appeared in the papers, she has encountered some resentment from people. She requested that some firm policies be drafted and brought back to the Council for consideration by the November 9th Council meeting. City Manager Ulstad stated that Director of Community Services Jessen is in the process of drafting these policies and will have them back to the Council as soon as he has completed same. B. Appointment of a Youth Member to the Parks, Recreation & Natural Resources Commission Continued until the November 2nd Council meeting. C. Appointments to the governing body for the Cultural Center. This item was taken care of under Item IV. A. D. November and December issues of HAPPENINGS newsletter. The following items were requested to be added to the ibvember and December issues of the HAPPENINGS newsletter: I) Asking for volunteers to submit their names if they wish to serve on Boards or Commissions which have vacancies; and 2) Include the outcome of the election as to the State Legislators in our District and also County Commissioner, along with local elections. E. Communication dated October 21, 1976 from Mr. Cedric Warren and Mr. Vernon Beck Mr. Cedric Warren, 7324 Franklin Cricle, and Mr. Vernon J. Seck, 16519 Baywood Lane, appeared before the Council and expressed their desire to own and operate an Off-Sale Liquor Store in the Prairie Village Mall. MOTION: Meyers moved, seconded by Bye, to refer this matter to the City Attorney and Director of Community Services Jessen for a report as to whether it would be feasible to have an off-sale liquor store in the community. Motion carried unanimously. F. Request from The Preserve for the Council to set a Public Hearing for Poolside Apartments. MOTION: Bye moved, seconded by Penzel, to set November 23 as the Public Hearing date for Poolside Apartments. Motion carried unanimously. VII. ADJOURNMENT MOTION: Bye moved, seconded by Pierce, to adjourn the meeting at 11:45 PM. Motion carried unanimously. 32,19 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 2, 1976 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:30 PM, CITY HALL Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce Sidney Pauly City Manager Roger Ulstad City Attorney Harlan Perbix Recording Secretary Joyce Provo Director of Community Services Marty Jessen INVOCATION: Councilman Tim Pierce PLEDGE OF ALLEGIANCE ROLL CALL: Bye, Meyers, Pierce and Penzel'present; Pauly absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda: Under IV. A. add Invitation for municipal officials. Under V. add Discussion of letter from County Administrator Stanley Cowle regarding the Lower Minnesota River Wildlife and Recreation Area, MOTION: Pierce moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. II. ORDINANCES & RESOLUTIONS A. Request for Public Hearing for liquor license for John Suback. (Continued from October 26, 1976 Council meeting) City Manager Ulstad requested this item be continued to the November 9th Council meeting as the report the Council requested is not completed. MOTION: Meyers moved, seconded by Bye, to continue the request. for a Public Hearing for the liquor license for John Suback to the November 9th Council,meeting. Motion carried unanimously. III. ORDINANCES & RESOLUTIONS A. Resolution No. 1207, supporting the concept of Convenant Living Centers. General discussion took place among Council members and amendments to Revolution No. 1207 were requested to be incorporated into the resolution. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 1207 as amended, supporting the concept of the Life Care Retirement Living Center proposed by Convenant Living Center Minnesota Incorporated. Motion carried unanimously. (Resolution No. 1207 as amended attached as part of the minutes) Council Minutes - 2 - Tues.,November 2, 1976 B. 2nd Reading of Ordinance No. 348, changing the street name in the West ate east) Addition. MOTION: Meyers moved, seconded by Pierce, to approve the 2nd Reading of Ordinance No 348, changing the street name in the Westgate (east) Addition. Motion carried unanimously. IV. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members. 1. Report of Councilman Pierce Pierce explained that the Parks, Recreation & Natural Resources Commission has questioned why we are going outside the levy limits for dutch elm disease control when the State will do something anyway. The Commission feels this might be a dual tax. He further requested the staff draft a memo explaining to the Parks, Recreation & Natural Resources Commission the action of the Council. Director of Community Services Jessen explained that the Parks, Recreation & Natural Resources Commission did receive a copy of the Task Force Report and were advised the Council was going to take action on this program. If the Commission wanted to provide some input, that was the time. At that time they received and filed the report. Penzel requested staff prepare a "For Your InforMation" item outlining the various considerations the Council took which lead to the Council decision, and if the Parks, Recreation & Natural Resources Commission wishes to meet with the Council they can so request. 2. Report of Mayor Penzel Penzel spoke to the communication received from Robert W. Martin, Hennepin County Assessor, dated November 1, 1976, inviting the City Council to attend the Annual County Seat Instructional Meeting to be held November 10, 1976, 9:30 AM, Hennepin County Government Center. B. Report of City Manager I. Summary of Municipal Liquor Report City Manager Ulstad spoke to memo from Director of Community Services Jessen dated October 29, 1976 which the Council requested at their meeting held October 26, 1976. He explained that in September the Council was informed by staff it was not the time for our City to consider going into municipal liquor, and that if conditions in the City change it could be reconsidered in six months time. Meyers asked when the recommendation might change. Ulstad replied when the City has sufficient funds without borrowing o which is difficult for the City to anticipate. 3n 1 Council Minutes - 3 - Tues.,November 2, 1976 I. Summary of Municipal Liquor Report (continued) Meyers questioned what we would need. Ulstad replied we should have $100,000, and that Mr. Jessen has suggested a minimum of $80,000 - $85,000. In addition we need some operating capital. Meyers further asked if there should be some surplus by the end of the 1977 budget, cculd the City consider going into an operation in 1978. Ulstad replied in the affirmative. Meyers directed a question to Mr. Perbix if the City reaches 10,000 in population and we have not gone into municipal off-sale liquor, do we still have to have an election? Perbix answered in the affirmative. MOTION: Bye moved, seconded by Meyers, to accept and file the reports from Director of Community Services Jessen dated May 28, September 24, and October 29, 1976. Motion carried unanimously. 2. Legal opinion from City Attorney on authorization to issue private off-sale liquor license. MOTION: Bye moved, seconded by Meyers, to accept and file the legal opinion from City Attorney Perbix dated October 28, 1976 on Municipal Off-Sale Liquor Licenses. C. Report of Director of Community Services 1. Raze Property - Consideration of purchase. (12,99 total acreage) Director of Community Services Jessen spoke to the Raze property and stated he has been in contact with the realtor. The property owner is asking for approximately $150,000 for 5 acres and the house. We have indicated the City might consider somewhere in the range of $130,000 - $140,000 for the house, including the entire 12.99 acres. Jgssen questioned if the Council wishes to proceed with an investigation to complete the acquisition at Staring Lake? MOTION: Meyers moved, seconded by Pierce, to send this item to the Parks, Recreation & Natural Resources Commission for their review and recommendation, and especially their consideration of options in lieu of purchasing, le., a scenic easement' for corridor purposes. Further direct Mr. Jessen to let property owner know that we have sent this item to the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. 2. Nine-Mile Creek Improvement Director of Community Services Jessen explained that Howard Kaerwerlms contacted him about deeding 1.3 acres of his land to the City and at the same time would like to make a contribution of $1,000 to begin development of a wildlife habitat. Mr. Jessen further stated that he has brought this to the attention of the Nine Mile Creek Watershed District and they may apply matching funds. 370. Council Minutes - 4 - Tues.,November 2, 1976 2. Nine-Mile Creek Improvement. (continued) Pierce noted that the Parks, Recreation & Natural Resources Commission has recommended approval of this proposal. MOTION: Bye moved, seconded by Meyers, to approve the recommendation of the Parks, Recreation & Natural Resources Commission regarding the acceptance of land from Howard Kaerwer along with their $1,000 contribution, add the conceptual development plan of a wildlife habitat. Motion carried unanimously. D. Report of City Engineer 1. Consideration of bids for traffic control and regulatory control signs. City Manager Ulstad spoke to memo from City Engineer Jullie dated November 1, 1976 regarding bids for traffic signs, noting that we have received one bid by the allotted time and that the bid is below the estimate. Recommended Council award the bid to Eal..1 F. Anderson & Associates, Inc. of Minneapolis. MOTION: Bye moved, seconded by Meyers, to accept the bid of Earl F. Anderson & Associates, Inc. of Minneapolis in the amount of $18,310.87 for street sign project I.C. 51-296, and authorize the Mayor and City Manager to sign the contract documents. Motion carried unanimously. E. Report of Finance Director 1. Clerk's License List MOTION: Bye moved, seconded by Pierce, to approve the Clerk's License List dated November 2, 1976. Motion carried unanimously. V. NEW BUSINESS A. Discussion of letter from County Administrator Stanley Cowle regarding the Lower Minnesota River Wildlife and Recreation Area. Meyers expressed her concern with the paragraph on the 2nd page of memo to Commissioner Thomas Ticen whereby Mr. Cowie states "there does not appear to be any urgent need for the County Board to pass a resolution at this time." She felt the Council should press for the County Board to pass a resolution now. Bye explained that we should wait until after January as the make-up of the County Board will be significantly changed. MOTION: Bye moved, seconded by Meyers, to urge the City Manager to contact County Administrator Stanley Cowle to let him know we will be back in January to give him our reaction to his letter and that we intend to follow through at that time. Motion carried unanimously. B. Penzel reminded Council members that the Guide Plan meetings have been changed to Tuesday, November 16, and Thursday, November 18. 3X63 Council Minutes 5 Tues.,November 2, 1976 C. MOTION: Bye moved, seconded by Meyers, Pierce and Penni, to send a floral arrangement in expression of the Council's sympathy in memory of Anna Mae Redpath. Motion carried unanimously. • D. City Manager Ulstad explained that a cheese shop is opening in the Prairie Village Mall and the license for one year is $200.00. He suggested this particular license be pro-rated for one month. Council agreed to this request. E. MOTION: Meyers moved, seconded by Bye, to set the Canvassing Board meeting for 7:00 PM, Thursday, November 4th, at the City Hall. Motion carried unanimously. VI. ADJOURNMENT MOTION: Pierce moved, seconded by Bye, to adjourn the meeting at 8:50 PM. Motion carried unanimously. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION I 1207 A RESOLUTION SUPPORTING THE CONCEPT OF THE LIFE CARE RETIREMENT LIVING CENTER PROPOSED BY COVENANT LIVING CENTER MINNESOTA INCOR- PORATED WHEREAS, the City of Eden Prairie is familiar with the concept of life care retirement living sponsored by the Covenant Living Centers- Minnesota Incorporated, a non-profit Minnesota corporation, and WHEREAS, said city is aware the site selected for said housing and health care project is located within Eden Prairie's Major Center Area ( MCA), a regional diversified center, and WHEREAS, said regional diversified center ( MCA ), has been reviewed and approved by the Metropolitan Council to be consistent with the Metro- politan Development Framework Chapter and other chapters of the Metropolitan Development Guide, and WHEREAS, said city has planned for a wide range of services to be provided within the Major Center Area including health care and specialty housing which will complement the commercial, office and service land uses existing and planned, and WHEREAS, said city has planned for the specialty housing needs of the community by adopting policies and ordinances encouraging housing for low and moderate income families, elderly, handicapped, retarded and other group housing needs, and WHEREAS, the City of Eden Prairie has implemented said housing plans by approving low and moderate income housing developments of Briarhill and Windslope and the Muriel Humphrey Residences for retarded individuals, and WHEREAS, said city believes that a full range of housing opportunities is important to the development of the city, and WHEREAS, said city has viewed a presentation of the Covenant Living Center health care concept which will cooperate with the Eden Prairie Health Center and believes the elderly residents will receive high quality health services, and WHEREAS, representatives of Covenant Living Centers, Minnesota, Incor- porated, have made presentations to many groups including : Eden Prairie Planning & Zoning and Human Rights Commissions, South Hennepin Human Services Council and the Eden Prairie Ministerial Association, and 3xes Resolution it 1207 page 2 NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Eden Prairie supports the concept of the Covenant Living Centers, Minnesota, Incorporated, a non-profit corporation whose purpose is to develop a life care retirement community located in the Eden Prairie Major Center Area for the following reasons: a. That the proposed area is an excellent location for such a housing project due to the proximity to high quality urban services such as:shopping, entertainment, medical facilities, social services, transit and other housing areas. b. That the site's location across the street from the Eden Prairie Health Center and the Eden Prairie Shopping Center will provide access to those services. c. That the proposed site is adjacent to a major open space/ future recreation area of Purgatory Creek. d. That the project will provide further diversity of Eden Prairie's housing opportunities. e. That the proposed retirement concept will be a benefit to elderly residents and those residents will contribute to the City of Eden Prairie. ADOPTED by the City Council of Eden Prairie this 2nd day of November , 1976. SEAL 32% 1 341 1,848 839 1,061 500 783 1 1 2 1 1 977 549 2,877 1,832 1 3 1 1 1 1 1,528 42-717 - 533 717 618 1,868 169 257 183 609 741 1,102 743 2,586 707 868 749 2,324 270 417 499 1,186 1 1 1 1 1 1 1 1 1 SPECIAL MEETING CITY OF EDEN PRAIRIE November 4, 1976 The meeting was called to order by Mayor Penzel at 7:00 p.m. Present were: Billy Bye, Joan Meyers, Sidney Pauly, Wolfgang Penzel CANVASS OF CITY ELECTION RETURNS - November 2, 1976. A motion was made by Billy Bye and seconded by Sidney Pauly to certify the election returns as presented by the election judges. Pct. I Pct. II Pct. III TOTAL Registered Voters at 7:00 a.m. Registered at the Polls Registered Absentee 1,565 2,049 1,626 5,240 266 434 375 1,075 2 7 14 23 TOTAL Voted Absentee Voted at Polls TOTAL 1,833 2,490 38 66 1409 1,939 1 447 2,015 6,338 5 1,628 159 4976 1,683 5,135 For Mayor: On Ballot Wolfgang H. (Wolf) Penzel Paul R. Redpath Write-ins Betty MdMenemy Dave Osterholt David Flannery Ray Mitchell Rod Kesti John F. Nelson City Council: (two to be elected) On Ballot Fred G. Baumann Leon J. Kruse David W. Osterholt Sidney Pauly Elizabeth A. Retterath Write-ins Woligang H. Penzel Paul Redpath Ted Smith Roger Boerger Claire Kispert .. . 2,421 3,364 2 793 , , 8,578 - 32r1 Atkil an Gebhard BARR ENGINEERING CO. Engineer for the District r _ Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD 4 4 EDEN PRAIRIE, MINNESOTA 5$343 October 6, 1976 Mr. Richard Putnam City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Fetz Construction, Inc. Property Dear Mr. Putnam The engineering advisors to the Riley-Purgatory Creek Watershed District have reviewed the development proposal for Fetz Construction, Inc. as sub- mitted to the Watershed District. A grading and land alteration permit must be obtained from the District for this project. This permit should be obtained after the development has been approved by the City Council, but before land alteration can begin on the project. Plans detailing how erosion will be con- trolled during project construction must accompany the permit application. Thank you for the opportunity to comment on this development. If you have any questions about our commente, please contact us. Sincerely, AG/sb cc: Mr. Frederick Richards Mr. Conrad Fiskness 12BZ Planning Commission Minutes approved Sept. 27, 1976 • B. Fetz Construction, request to rezone approximately .5 acres from Rural to Office for use as an office and warehouse. The site is located at 8855 Flying Cloud Drive (old Phoenix station). The planner referred the commission to the plans submitted by Fetz • letter of opposition from Mr. Peterson, Edenvale Incorporated. • approved Planning Commission Minutes Sept. 27, 1976 Tony Christenson , Tett Const., stated they are requesting rezoning to use the existing building ( some remodeling ), for a construction/ corporate office with outside storage of vehicles and materials at the rear of the site. Bearman inquired what would be stored outside. Mr. Christenson replied scaffolding and trucks. Lynch asked how high the proposed fence around the site would be. Christenson replied six feet. The planner stated many requests are received on this site and all inquirers are made aware of the Guide Plan amendment(U.S. 169 . Mini-Sector Study), for this site and the Zoning Ordinance require- ments. He said the staff finds this request inconsistent with City plans, the Guide'Plan and surrounding'uses. Motion: Lynch moved, Sundstrom seconded, to recommend denial of the Petz - Construction Company request to rezone from Rural to Office the hacre site East of U.S. 169, (old Phoenix station site), as it is inconsistent with the U.S. 169 Mini-Sector Study and Ordinance 135. The motion carried 4:0:1 with Bearman abs.taining. 3w1c, Edeic L a04404ft eita&iff- 7770 ,511Aciiel1 Road • am gtaitie, .5i1inresota 55343 • 6(2/941-5300 September 27, 1976 Eden Prairie Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Ladies and Gentlemen: This letter is written to you regarding the request by Vets Construction Company to rezone a 1/2 acre parcel on TH0169 from rural to office zone. The proposed use of the property as a construction office and warehouse with outside storage of construction materials in my opinion does not conform to the requested office zoning and more logically should be in a n industrial zoned area. We as owners of the surrounding property must be concerned with the future effect on adjacent property of such a proposed u s e . In my opinion this use will expose the entire backside of this property t o an unattractive outside storage area and will negatively effect the use o f the property. The potential problems in traffic flow to and from the site when the traffic divider is installed on TH0169 should be planned for. We feel that a right in right out only traffic flow for this site might be inade q u a t e . If so, this site will need further access which can be obtained only fr o m our adjacent property. Anticipating these problems, we previously contacted the former owners a n d offered to jointly•plan a use of the property which would provide the necessary traffic flow and would not negatively affect the adjacent land. We are still willing to negotiate a land trade or some other settlement to the benefit of all owners in the area; however, we must oepose this proposed use as presented. Yours truly, ED LAND CO/Afr.Ppys 01W/sr i(Atli At 3.19 approved .inning Commission Minute -3- Oct. 25, 1976 C. Poolside Apartments, 84 unit apartment and double bungalow lots locat e d south of Anderson Lakes. Parkway and northwest of Neill Lake Road in The Preserve. Request for PUD Development Stage, rezoning to RN 2.5 and RN 6.5 and preliminary plat approval. Doug Moe, architect, presented a site model to demonstrate the changes m a d e t o the building location and site plan. Discussion followed between mmube r s o f t h e commission and Mr..Moe concerning specific elements of the project , suc h a s : parking, access, landscaping , buffer treatment and the visible impact o f t h e 3 story structure. The planner presented the staff report analysing the project. Discussi o n b e t w e e n the commission , audience and proponent followed regarding the staff rep o r t r e c o m m e n - dations. ( on Bergen, 8705 Bentwood Drive, questioned how the project could be c o n s i d e r e d since it was denied less than a year ago. The planner explained this pro j e c t may have a similar building to the previous Neill lake Apartments, but it i s l o c a t e d on a different site and hence is not the same project. Motion 1: Lynch moved, Schee seconded, to close the public hearing on the Poolside A p a r t m e n t project. The motion carried unanimously. Motion 2: Lynch moved, Sundstrom seconded, to recommend approval of the rezoning r e q u e s t f r o m Rural to RM 2.5 based upon the modified plan as illustrated by the model a n d t h e recommendations of the October 19, 1976 staff report adding #5: S. Parking requirements modified to 2.25 spaces/unit. Also recommend approval of the 1.6 acre rezoning to RN 6.5 as per the modified site plan. And further recommend approval of the preliminary plat reque s t : T h e motion carried unanimously. 3191 STAFF REPORT TO: FROM: DATE: PROJECT: APPLICANT: REQUEST: LOCATION: Planning Commission Dick Putnam , Planning Director October 19, 1976 Poolsidc Apartments The Preserve Zoning from Rural to RM 2.5 for 6.39 acres, and RM 6.5 for 1.6 acres. South of Anderson Lakes Parkway, .east of Preserve Pool A. PROJECT IDENTIFICATION 1. Ownership Today the property is optioned to Mr. A. Bernardi with the joint planning and initial development by The Preserve. 2. Developer The developer of the project will be Mr. Bernardi with The Preserve providing the initial development services along with the architect Doug Moe. The intent is to use Land Tech Incorporated as a manager of the project. The developers involved all have a great deal of experience in large scale development projects. 3. Fiscal Economic The financing of the project will be through the use of the HUD 221 04 Multiple Family Financing Program. The program may be compared with normal FBA Heme. Loans in that it provides security for the mortgage. 4. Development Method The apartment project of 84 units would be owned by Mr. Bernardi and the units constructed with FHA financing . The project would then be managed by Land Tech for the owner as a rental apartment project. Conversion to condo- miniums could occur at a later date and would not be prohibited by the financing method. The 1.6 ± acres along Neill Lake Road developed as double bungalow units would be owned by The Preserve and sold to a multiple family builder to construct the three double home units. Both projects would be members of The Preserve Homeowner's Association and as such would be subject to their rules4 assessments. The following sketch taken from The Preserve application brochure represents the location of the site and its relationship to The Preserve Center and adjacent housing projects. - p - A (‘ • .•".'"- 71— n-!" J /1 ' tas;:'.=,...• , , . iii,ot • c,....„.\ --..., . ,-....7A r, L r'''!,-...1 .;.'.... \ .. •. .1 n ...4 4.4;4•,..\- ,i . ‘.... • , .... 4.i- • • f"..v.••n • Is • <4.;'-',1=,:o... \ . n \'• i 1 1 i •••+:-:•-•;7-/. ,;p 9.3 .c.0% CC.. 1 . • k n N "4".4.m,,,A%oftri!, v, "•:.' ":") Staff Report-Poolside Apt. -2- Oct. 19, 1976 S. Development Timing The proposal would anticipate construction in the Spring of 1977 with unit occupancy beginning in late 1977. • • Timing for the double bungalow lots is somewhat undefined • but may occur during 1977 as well. 6. Critical Public Decisions Since the site is well served by roads and utilities ,,the major public decisions necessary to begin construction would be the rezoning of the property and platting to define the double bungalow lots from the apartment site. The Preserve Environmental Impact Statement was approved by HUD and was just approved by the Minnesota Environmental Quality Council. Therefore, the way has been cleared for processing of projects in The Preserve with full environmental review completed. B. PLAN AREA MENTICATION : 1. Location Staff Report-Poolside Apts. -3- Oct. 19, 1976 2. Regional Realtionships The need for multitple family hosuing in The Preserve is briefly discussed in the October 19, 1976 memo , ' The Preserve Housing Concept ' , where multiple family housing for a variety of incomes, was envisioned in The Preserve from the onset. Today, no rental units are built and The Preserve is requesting approval of the Poolside 84 unit project to fulfill this commitment to a variety of housing types and income levels responding to market demand within Eden Prairie. Recent employment increases in the Major Center-Area with Minnesota Protective Life, Gelco and the future Pillsbury project, demonstrate the present . . and future need for multiple family housing in this segment of the community. 3. Existing Land Use & Transportation Systems As illustrated on the site plan for The Poolside Apartments, transportation to the site for the apartment units would be strictly from Anderson Lakes Parkway with two entrances to the project. Access to the double bungalow units would be from Neill Lake Road. The project is well served with links to the Preserve pathway system and the Activity Center. • The existing land is vacant with multiple family land uses shown for the site on the original Preserve Development Concept. The plan for stage one around The Preserve Activity Center called for a range from 8-18 units/acre on this site because of the close relationship.with the Center. The following two graphics represent the original Preserve Stage One Land Use and the Preserve Center Facilities illustrating this site as housing in close relationship to the Preserve.Center. ---•-:-- •-• : ." ---- —*•.-7.--?j •-•:;= . ....,::=-- .. • , ,..,•-•.A.,--6,--,6 -,•-;:•\.• ----;i:N/,..':.1.s.:,--srs-\ ,N,„, %/, ,,, ,,/ , . ----Jr•---=-::::::-.. ./ tt,,,! ..., II: g „..! ..;- \ • .,\ „ r.., ‘ e.....,-2...i n +, 1 ..i v. I 6 . 0,,,,: , 4 n-,i;N - ! .' n , \\•••.__ _.../., CO .--. ---- •.-. I M • W i: is.“ N ... Staff Report-Poolside Apat. -4- Oct. 19, 1976 Revisionsto the Preserve Conept Plan have maintained this site as a multiple family apartment site through the evolution of The Preserve Center and school / park location to the north. C. PLAN PROJECT AREA ANALYSIS 1. Environmental Analysis The major feature of the Poolside site is the large hill rangirg from 887 feet sloping toward the pool at approximately the 850' elevation. The site has no trees existing and has been used as a farm fielo in the past. Soils for development are excellent with no drainage or ground water problem. The property has been vacant for a number of years with no use. The staff's review of the site concludes that no significant features nor wildlife habitat would be destroyed through development of the site to.urban uses. In fact, if significant trees and other vegetation are incorporated into the plan, the site may provide a more diverse visual and wildlife area than currently exists. D. PLAN PROPOSAL 1. Development Objectives • The objectives as stated in letters from Mr. Hess of The Preserve for pro- viding a broad range of rental housing opportunities available to high , medium and low income families is the over-riding objective for this project. The 1)4 Program, as Mr. Hess pointed out, strives to provide housing for the middle income families ranging from $10,000-20,000 / year. This project in conjunction with other multiple family developments , such as the proposed East/West Parkijay Apartments, the Windslope apartments and the Basswood Apartments , would provide the full spectrum of rental housing opportunities from low income through luxury apartments. A second objective of this site proposal is to consolidate the higher density multiple family projects around The Preserve Activity Center. The Center includes high quality recreational facilities with future neighbor- hood commercial services. Location of these multiple family sites in close proximity to these amenities makes a great deal of sense and is consistent with The Preserve and City plans. A third objective is to respect the site's character and Utilize a building style that would enhance the site • Staff Report-Poolside Apt. -S- Oct. 19, 1976 2. Site Plan Analysis a. Grading . . The plan would utilize the natural drop to the west of the site for con- struction of the building allowing entrance to the underground garage from either end. The top of the bill would be cut down to provide for parking so as to buffer that from the double bungalow lots and view from Anderson Lakes Parkway. b. Utilities and Drainage Utilities would be readily available to the site without any further,exten- slops. Drainage from the parking areas & the building would be handled through existing storm water systems with the landscaped court and planted berm areas draining to existing roadways or drainage swale existing today. c. Circulation Access to the guest and outside parking would be from an entrance opposite Basswood Drive . . The west garage parking entrance would be from the existing entrance to The Preserve Offices , approximately SOO feet west of Basswood's intersection. Fire access around the building should be satisfactory to the City Fire Marshall allowing emergency vehicle access at reasonable locations. d. Landscaping A detailed landscape plan should be provided to the staff for review including significant shrub and tree plantings within the berm and landscape court areas & canopy trees and shrub plantings adjacent to the parking area.' e. Amenities The totlot location would serve the medium density housingwell , but would have little relation with the apartment complex. Relocation of the totlot near the landscaped court and trailways may be appropriate. The landscaped court area would provide quite a broad space for passive or informal recreation :witivities for the residents. At this time no definite plans arc available on the court treatment. The location of the Poolside Apartments , adjacent to The Preserve Center, with its wide aray of amenities would provide the high quality services desir- able in apartment living. Pool aide and other multiple family projects, will increase the use and ability to financially support those amenities. Figure 3 V-7.7.75 Staff Report-Poolside Apartments -6 - Oct. 19, 1976 3. Architectural Design Review a. Building Relationship .to Site • The location of the building providing a interior court focusing on The Preserve Pool area ideally fits the sloping site with orientation towards the amenities. The units toward Anderson Lakes Parkway and parking areas are setback and well buffered from the parking and road No units are within 300 feet of any other existing or proposed development when measured from the major orientations of the units. This does not include the distance from the end of the south building to the existing Ridgewood Condominiums which is approximately 75 feet from building end to building end. However, no major orientation of the units are on the building end. b. Alternate Building Design The design of the units with underground parking and three story elevator, double-loaded corridor units dictate, to a great degree, the structural size and mass of the proposed building. The proposed plan breaks the two buildings with a 9 foot grade change at the central entrance area thereby dividing the building into two separate wings. Underground parking reduces site coverage for parking, drives and garages, however, it does increase the height of the structure when viewed from the end. The building as proposed would be of masonry veneer over a wood frame with masonry screening walls for the balconies. If the building were to have a different roof line, as illustrated in Figure 3 , of a contemporary shed roof, or a pitched roof, the elevation of the building would be increased up to20 feet. The option of a flat roof building with screening for mechanical equipment and elevator towers would keep the lowest profile of any of the architectural styles. An added feature is the balcony andnmsonrywalls which provide depth to the normal flat sided building. The view from the units on the south end of the southern building might be improved by reorienting the balcony walls to refocus the views onto the court and pool area rather than the Ridgewood Condominiums. The double loaded corridor design with elevator service provides a high quality rental apartment unit which minimizes the building and parking coverage of the site . The use of brick veneer will add to this high quality appearance when combined with the balcony screen walls proposed. Staff Report-Poolside Apt. -7- Oct. 19, 1976 4. Buildin_Ofass The building proposed , ( a 'v' shape), would have wings of between 230-* 2S0 feet long joined by a lobby area. The structures would be three stories on top of the underground garages and would be under 40 feet in height. The building design and site layout will minimize the amount of building seen from any direction. If the building were in one straight line , 500-600 feet along Anderson Lakes Parkway its impact would be far greater than the current proposed plan. When viewed from the Preserve Pool area , the Anderson Lakes Parkway and the double bungalow lots the building will present only one facade with at most . 300 feet visible. In the staff's opinion this does not seem to be unreasonable and accommodates the building mass concern. An important consideration is the intent of the original Preserve Plan which proposed locating structures with major physical size around The Preserve Activity Center and school/park site. For example, the elementary school, church, commercial center, Preserve recreation building and apartment units of Basswoods, Windslope, East/West and Poolside sites all occur adjacent to open spaces and / or the Preserve Center. This was the : concept The Preserve was approved under and seems to be.reasonable. The other approach would be to disperse major structures such as apartments schools, churches, etc., throughout The Preserve mixing them in the single family and townhouse areas . The Preserve did not begin with that concept nor does it wish to follow such a /h.4„44,--6 0,41N A 31 .2•2"." \'••• ;.13 ',I. 12 j i ff \ C d r.erjt I 66\ ,.....,4„).1-2.—;;; • ' \ r 41, I"p4611Wr..11•. • 47 \ INTal;PIMITTE114 , . • a 7'3.1 C.:‘ ssf"-"Tis ?Inv P •es r4 e eden prairie cater Staff Report-Poolside Apt. -g- Oct. 19, 1976 4. Housing Profile Listed in the Voolside Brochure is a breakdown of the housing units and their square footage. The units proposed , three-quarters of which are 1 and 2 bedroom units, are fairly large and provide a generous floor area. The rental rances from $250-450 / month would be for those with incomes between $ 10,000-20,000 , or upper middle to high income levels. The housing unit.; and rental market would be somewhat similar to the Shadow Green and Chestnut apartments existing in the city which have very few • vacancies . 5. Double Bungalow Lots The double bungalow lots proposed would be a logical housing type at the intersection of Neill Lake Road and East/West Parkway. The units backing onto the apartment area , and adjacent to the original Ridgewood Condominiums , form a reasonable transitional use from single family homes in the Highpoint area. It is expected that three , possibly four, double bungalow lots would be available with frontage , depth and setbacks consistent with the City Zoning Ordinance. E. RECOMMENDATIONS 1. The planninp, staff would recommend approval of the Poolside Apartment project for 84 units as a suitable development stage application implementing the objectives of The Preserve POD 70-03. 2. That the rezoning of the 6.39 acre site from Rural to RN 2.5 for the construction of 84 units of the Poolside Apartment plan as depicted in the 9-76 brochure be approved. 3. The planning staff recommends rezoning of 1.6 acres along Neill Lake Road to 1114 6.5 for the construction of double bungalow homes which meet the size and setback requirements specified in Ord. 135. 4. The planning staff would recommend, based on the engineer's report, the preliminary plat dividing the site between the apartment and double bungalow sites be approved. DP :jj •70,tyji STAFF REPORT TO: City Council and Advisory Commissions FROM: Dick Putnam, Planning Director DATE: October 18, 1976 SUBJECT: PRESERVE HOUSING CONCEPT PURPOSE The purpose of this report is to document the concept plan, forces and changes that have affected the development of The Preserve's housing plans. The source of the data is from Eden Prairie City files for The Preserve, PUD 70-03, full copies of all reference materials may be reviewed in the Planning Department's files. The specific documents include: a. Application Carter-Gertz Incorporated & Minneapolis Gas Company for The Preserve PUD. Book 1 and graphic Book 2. b. Official city actions such as resolutions and meeting minutes. c. Correspondence included in the file. d. Newspaper reports from Eden Prairie Sun and Minneapolis Star and Tribune. INTRODUCTION During 1967-68 the City of Eden Prairie developed a comprehensive guide plan which incorporated land use concepts which influenced The Preserve develop- ment: The Village divided into several 'communities' by establishing ' activity center' around schools, parks and coMmercial developments which are identi- fiable focal points for community life and activity. 4. .Significant natural resources and amenities should be preserved to the greatest extent possible through both public and private means. 6. Every development public or private must be carefully and skillfully designed. Interesting urban spaces simply do not happen they are thoughtfully and deliber- ately created. "1,1 0 JJ' Staff Report-Preserve !Raising Concept -2- Oct. 18, 1976 4. Planned Unit Developments, ( PUD ), procedures for zoning and development should be encouraged as soon as possible and applied generally throughout the Village. 10. Zoning should not be grantbd far in advance of logical development demand. Such a practice will inevitably lead to a repeat of the extensive unzoning job that now exists in Eden Prairie. " The City, in its 1968 Guide Plan, stressed the importance of comprehensive : land planning and the "new approach pud" which would have major impact upon the character of Eden Prairie's development through the mid-1970s. Those that have followed the progress of The Preserve for the last six years would understand the changes which have happened concerning land use, circulation systems and market demand for housing and commercial property. The planned unit development was conceived as a flexible process and as the Council stated in Resolution 4360A, approving The Preserve PUD: It The Village Council has concluded that the concept plan proposal as set forth in the application is generally in accord with the purposes and provisions of the Village's Zoning Ordinance and Comprehensive Guide Plan; AND WHEREAS, The Village Council is of the opinion that the proposed concept plan can serve as a positive and effective guideline in reviewing subsequent zoning and development requests within The Preserve project area;" The Preserve concept has been a dynamic process allowing flexibility for public and private decisions to respond to changing needs and conditions. For example, the Anderson Lakes Park which originally was approved in The Preserve Concept as a more intensive use, lakeshore park including the raising of Anderson Lakes water elevation and development of recreational facilities." The plan was changed in 1972 to reflect the objectives of the City's nature center, wildlife preserve. Likewise, the original 150 acres of commercial .land in The Preserve was enlarged to over 300 acres to accommodate the location of the Eden Prairie Shopping Center and peripheral commercial. 33 01 Staff Report-Preserve Dousing Concept -3- Oct.. 18, 1976 PRESERVE CONCEPT APPROVAL 1970 The Preserve PUD application was the third application to be received by , the City of Eden Prairie in 1970. It was the largest and most comprehensive project proposed. The City review process lasted for over eight months and involved numerous meetings with city commissions and neighborhood groups. Six neighborhood meetings were held in March and April in 1970 with all of the surrounding property owners invited. From those meetings came a list of questions from the existing residents concerning The Preserve development . Following the neighborhood meetings the developer proceeded to review their project during a four month period with the Village Planning Commission, Park Recreation Commission and Human Rights Commission. On August 17, 1970 the Village Council conducted a public hearing con- . cerning The Preserve PUD application. At that hearing the Council approved Resolution ft 360A where the City set forth the general conditions of approval for The Preserve PUD: Now Therefore Be it Resolved , by the Village Council of the Village of Eden Prairie the Concept Plan for The Preserve as set forth and heretofore describe in documents be approved and included in the Village's Comprehensive Guide Plan with the following exceptions and additions: a. The portion of the proposal described as the 'Herman Property' on Co. Rd. I be excluded from the approved plan. b. The cone* plan be amended to incorporate a specific and workable statement of intent by the applicant to the effect that they will actively and persistently pursue an objective of incor- porating into their residential development signi- ficant numbers of housing units of costs or rental that can be afforded by persons of low or moderate incomes. Adopted by the Council of the Village of Eden Prairie on the 17th day of August, 1970." The Preserve's original . development plan emphasized preservation of the natural landscape quality,concentrated development by using a variety of housing types, tie the development together with a pedestrian system and focus higher density housing around the "activity center" at Sander's Homestead and around the regional center. It is important that the Council added item B, previously stated, requiring the developers to "actively and persistently pursue . . . housing units of a cost or rental that could be afforded by persons of low or moderate income". For the Village Council to specifically include that objective for the development points out the importance of the housing issue to Eden Prairie and the Metropolitan Area. 1:3;0 . Staff Report-Preserv'C 'Housing'Concept -4-:. Oct. 18, 1976• The question of providing housing for all income levels was to be a continuing issue with The Preserve development through late 1970 and 1971, when public pressure was brought to bear on the developers. . " The developers of the Preserve remain cautious about including low income housing in their planned Eden Prairie housing development after meeting last week with representatives of the Greater Metropolitan Federation. " " The low income housing situation is immense and we are not about to make a big mistake in The Preserve", said George Carter of Carter & Gertz. ( Sun Newspaper , January 14, 1971 ) Public interest groups, representing local andmetropolitan organizations, expressed concern about the development objectives of The Preserve's plan. The League of Women Voters • in a December 17, 1970 Press Release , entitled 'Minnegasco plans for The Preserve', stated: " The League of Women Voters of Bloomington, Crystal, New Hope, Deephaven,Edina, Excelsior, Golden Valley, Minnapolis, Minnetonka, Eden Prairie, Richfield, Robinsdale and Wayzata are represented here today to urge the Minneapolis Gas Company to include provision for low and moderate income people in its plan for The Preserve in Eden Prairie. " The concern for the issue of housing for a wide range of people in The Preserve was carried as far as a protest staged on November 19, 1970 in front of the Minnegasco Office on the Nicollet Mall. Members of the Greater Minneapolis Housing Federation . asked for signatures of those who would support the concept of mixed housing in the Development. The issue was a "hot one" and many citizen groups were invorved with the City of Eden Prairie and The Preserve. An article on November 19, 1970 in the Sun Newspaper quotes Reverend Robert K.Hudnut , President of the Greater Minneapolis Housing Federation in which he accused Minnegasco of "corporate irresponsibility", saying it had failed to reply "responsively" to an Eden Prairie Village Council letter asking about its plans for a . broad range of Housing". An article in the November 26, 1970 Sun Newspaper quotes Mrs. Robert Stanton, Chairman of the Federation's 'Housing Committee: " We want to try to keep this a consumer movement between Minnegasco and the people . . . " However, in same article, Eden Prairie Mayor Dave Osterholt stated: " I am satisfied that they ( The Preserve developers ) will do what they said they would do. I think it is unfair to critize the Gas Company or the developers. " The mayor pointed-out that the Village Council adopted and the developers accepted what has been called the "Bloomington Statement" calling essen- tially for housing of all segments of the population. • Staff Report-Preserve Housing Concept -5- Oct. 18, 1976 A letter from Mr. Paul W. Kramer, President of Minneapolis Gas Company to Sonja Anderson, Chairman oftheEden Prairie League of Women Voters, June 4, 1970 summarized 3 basic goals of The Preserve: " 1. To build a complete residential community with the widest possible range of housing types and occupancy costs. 2. To protect the land and preserve the natural character of the land wherever possible. 3. To create a superior living environment for the families who will occupy The Preserve. " HOUSING TASK FORCE OF EDEN PRAIRIE A citizen task force was appointed by the City Council "to investigate the housing situation in the Metropolitan Area and recommend a housing. program that would provide for proper and orderly residential growth in the community " . ( Housing Task Force Introduction ) The task force listened to a number of experts in a variety of fields involved in housing and ccmmunity development. After a year of consider- ation , the conclusions reached by the Housing Task Force reaffirmed goals of the Comprehensive Guide Plan and amplified upon the need for a variety of housing opportunities within the Village. In August of 1972 two subsidized housing projects , one in Edenvale and one in The Preserve, were presented to the City Council for PUD and zoning approval. An article on August 23, 1972 in theMinneapolisi Star quotes Eden Prairie Mayor Paul Redpath: " We feel strongly that there is a need for this kind of housing. . . . Our housing is 440,000 and up and we do not even have space for the bulk of our teachers. " The article continued: Officials of Eden Prairie, a fast developing suburb of 8,000 and the Greater Metropolitan Federation, a human rights group have pressured dlivelopers of the two planned communities to make good on agreements made two years ago to provide a broad range of housing." Mayor Redpath illustrated the City leadership in encouraging the developers to seek a housing diversity, referring to the City's original PUD approval of Edenvale and The Preserve , he stated: "We are calling in those commitments now. " 3364( :;tafr Neport-Prescrve housing Concept 6 Oct. 18, 1976 OTUER HOUSING PLANS The Preserve Concept application booklet A ( text ) exhibit A.4(b) Resi- dential Development Program stated the*nOgnimal goals for specific housing . types in the PUD: 4 1970 PROJECTIONS Approved by Units Existing Housing Type Total Units % of Total Oct.1,'76 by Oct.1, '76 owner occupied detached single family owner occupied attached townhouse, condominium rental attached (townhouse) rental garden apartments rental elevator apartments 1275 • 29 • 364 (28 %) 211 • 675 15 511 (39.4%) 113 475 1 1 0 ( 0 %) • 1225 28 279 (21.5%) 750 17 • 144 (11.1%) 40 Total' . 4400 100% 1298 (100%) 324 The Preserve Residential Concept did include a variety of housing types and costs as illustrated by the 1970 projections. Today, the approved units represent those units zoned-totalling 1298 dwelling units, As of October 1, 1976 324 dwelling units were actually completed or under construction. The original 1970 POD expected a balanced growth between single family and apartment units , thereby providing the diversity in housing opportun- ities from the beginhing. As the table illustrates unit type variety has been achieved with the units approved, however, units constructed represents an entirely different 'picture. Today 100 t of the units in The Preserve are owner occupied ( maybe some rentals ) and 65% are $50,000 and up single family homes. The majority of the remaining 35% are expensive $45,000 and up townhemes with only the Ridgewood Condominiums available for under $40,000 . A comparison between the original Preserve POD housing plan intent compared with the performance, perhaps is the best summary statement for this report. Clearly the ability of The Preserve to provide a broad spectrum of housing opportunities is greatly dependent upon governmental agencies, market demand and financial conditiens. All of these variables are basically beyond the control of the developer:ro achieve success in developing an individual project all three of the factors must be positive within the proper timo frame. The lack of rental multiple family housing' and housing for low end/or moderate income families in ,The Preserve is a casualty of the development process and not attributable to anyone factor. approved Planning Commission Minutes -2- Oct. 14, 1976 IV. PETITIONS AND REQUESTS A. Poolside Apartments, 84 unit apartment and double bungalow lots located south of Anderson Lakes Parkway and northwest of Neill Lake Road in The Preserve. Request for PUD Development Stage, rezoning to RM 2.5 and RN 6.5 and preliminary plat approval. The planner referred the commission to the brochure and informed them thetuilding plan , is essentially the same as the Neill Lake Apartments , except it is located on a different site. Don Hess, The Preserve, outlined the location of the site and trails around the site. He stated the PUD approval is for 7-15 units/acre and they are proposing approximately 13 units / acre. Mr. Moe, architect for the project, showed a model of the building and discussed the layout, topography, angled balconies, and parking of 211 spaces / unit. Pauly asked for the total length of the building. Mr. Moe responded 250 feet. Bearman asked if 1 parking stall s in' was mandatory. Moe was unsure if that had been determined . Sorensen asked the staff to address the adequacy of overflow parking for the project since no parking is allowed on the East/West Parkway. Lynch questioned the type of units being considered for the proposed RM 6.5 site. Mr. Hess replied ,possibly 3 double bungalow units. Sorensen questioned the safety of locating the totlot across the parking lot. Moe responded they would research alternate locations for the totlot. Sorensen asked for the lineal distance between the building and the Ridgewood garages. Moe estimated 40-50 feet. Tom Bach,90S1 Neill Lake Road, stated the project is the same as the Neill Lake Apartments project which was recently denied, has adverse impacts upon the Highpoint area, there is no assurance the buffer will be built, and since the residents have not had sufficient time to have their attorney review the proposal that it be continued until late November. He added that because the project is similar to the Neill Lake project it should not have been approved to be reconsi- dered in less than one year's time. Bob Carlson,9061 Neill Lake Road, expressed disapproval of the request and felt the changes submitted do not warrant reconsideration of the project. John Retterath,9011 Highpoint, expressed concern that the proposed double bungalow lots have sufficient setbacks and adequate buffering. Mrs. Retterath asked if the project would be a 221D4Program. Larry Peterson, The Preserve, replied they are applying for such approval. Motion 1: Beaman moved, Lynch seconded, to continue the Poolside project to the October 25th meeting. The motion carried unanimously. Motion 2: Lynch moved, Boatman seconded, to direct the staff to prepare a staff report for the following meeting. The motion carried unanimously. WINDSLOPE SEC. 8 (168 UNITS) 1 $ 9,600.00 2 11,000.00 3 12,400.00 4 13,800.00 5 14,700.00 6 15,500.00 n•••n•n••. EAST-WEST PARKWAY (129 UNITS .1• S 9,216.00 2 10,896.00 3 13,586.00 4 15,456.00 POOLSIDE • (84 UNITS). $11,040.00 . 13,680.00 • 17,280.00 17,760.00 21,130.00 MARKET1:, - pkOPOSED APARTMENT PROJECTS THE PRESEUE I PROJECT MARKET PERSONS INCOME GROUPS LOW MOD. L.MIDDLE U.MIDDLE HIGH p - 9050 4701-14050 7801-18300 10351-23300 13501-up Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD 1:4 EDEN PRAIRIE, MINNESOTA 55343 November 3, 1976 Ht. Richard Putnam City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Poolside Apartments - The Preserve Dear Mr. Putnam: The engineering advisors to the Riley-Purgatory Creek Watershed District have reviewed the information relative to the Poolside Apartments as submitted to the Watershed District. 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 project construction should 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, please contact us. Sincerely, PL Allan Gebhard BARR ENGINEERING CO. Engineer for the District AG/11c c: Hr. Conrad Fiskness Mr. Frederick Richards Mr. Don Hess 3 ?.4)1 84 units of rental apartments 1. Land bevelopst application filed and filing fee & deposit paid Copy of application forwarded to Watershed District Yes 2. Processig Schedule: Yes 10/14/76 CITY OP EMI PRAIRIE CRECK idST FOR REVIEWING PROPOSED LAND DWELOP•4NTS DATE: 30 /19/76 DEVEVE'hE n a: Poolside Apartments L.D. NO. 76-Z-16, P-11 LOCAE: Strati) of Anderson Lakes Parkway & west of Neill Lake Road (The Preserve) Ii.I). OR tlxvious zo:utIc RES. The Preserve ENGINEJ.:E/Pti,!;:.;FR: Douglas A. Moe DOCU'IMT:: SOLMITTED FOR PINIEW: Development Concept The developer is requesting rezoning and Preliminary Plat approval for a. Planning & Zoning Commission Preliminary b. Park s Recreation Commission C. Ihmlan Rights Commission • 3. Tyl ,t) of d. Planning Commission Public Hrg. c.. City Council consideration, f. watershed District i,ovolop:dent Rental Apartments 10/25/76 , . .ment or impact statement required pet Environmental • impi,et polity atd. of 1973: No A. Access to adjoining properties O.X. B. TYPe Private driveways, no parking Loading to Col de sacs (not over 1000') minor residential • Cul de sacs Roadway (Back to Back of Curb) 24 * Post no pmping signs 50 28. 100 78 (no island) 120 98 (with island) Required 5. Present Zoning Rural 6. Proposed Zonil,g RN 6.5 and NM 2.5 The original Preserve PUB indicatea Consistent. with approved P.U.D. or 'Comp Plan? 7-15 units per acre for the site. List vax,iances required & setbacks that apply: None requested 7. Project Area 6.39 acres Density 13.15 units per acre 8. Public open space and/or cash dedication Cash dedication as required by Park Dot. Private open space 4.8 acres Trail systems e sidewalks None shown in proposal Range of lot sizes N.A. 9.* Preliminary Building Plans Submitted 10. *Representative Soil Borings Not submitted - required at bldg. permit stage 11. Street System Thru Residential (collectors) b, Cu) de s,les over )000 60 32 4 Main entrance road should be 28' wide minimum. Entrance road should also be at 90' to Anderson Lakes Parkway. .3310 - 3 - ESA 70 44 .Parkway 100 28 divided Fire WDad • 12 Pathways 12 6 Street grades-max. 7.5%, min. .5% Concrete curb t gutter required, Deep strength asphalt design All required C. Cheek City's comprehensive street system. Developer builds 1/2 of parkways at his cost, & R/W dedication 'Pending assessment for Anderson Lakes Parkway overlay. 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. N. A. • E. Private parking lots--86-12 cone C&G and full depth asph. design Required P. Street Signs-Developer or City installs Stop sign required at Parkway intersectionl 12. Parking: (Se.. Ord. fi141) O.K. 13. Utility Systems: A. Sanitary Sewer Existing 1. Service Detail Plumbing inspector to review 2. Service to adjoining property O.K. B. Watemmdn: Existing 1. Check Service Design (20 psi at highest fixture) O.K. 2. Hydrant location-Fire Inspector Fire inspector to review 3. Valving Final plans required 4. Compliance with fire code S. Service to adjent property Fire Inspector to review O .K. '3311. - 4 - C. Storm Sewer & Grading No. prelim. ,plans submitted - required proposed berms along Parkway MuSt -nOt'obsir'act .laght disUincë 1. Sediment control plan Required 2. Skimming & grit control for commercial parking lots N.A. 3. Positive outlet for drainage ponds gaiired 4. Avoid excessive grading and tree removal Re(ilire.4 5. Arrows showing drainage Requizzi_ Accomodate drainage from adjacent properties _Rewired 6. Denote drainage area for individual inlets and projected high water for ponds 7. Keep drainage in gutters, not in center of street Required 8. Sod drainage swales and steep slopes 9. Flood plain encroachment Upne Required 10. Watershed District approval 11. DR approval Recruired D. Natural Gas & Telephone Underground required E. Electric (underground) Required 14. Street Lights & On-Site Lighting Plan Required 15. Preliminary plat to be submitted to MID or Henn. Co. if abutting a • . State or county Hwy. . N.A. . 16. List special assessments levied and pending Levied: #5858, trunk sew/water All 072.54; #6438: Neill Lake Storm, $8,695: Pending: Anderson Lakes Parkway , $4,747.72 • 17. Re-son ifiq auyecoent required Required Develo0(l'a A0reeiownt required Title Mu:tract for Attorney's review 97tp- onald L. Hess, Jr., A.SrL.A. Vice President of Architecture & Planing • Theresirvc September 24, 1976 Mr. Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 RE: Rezoning Lot 1, Block 1, Highpoint Dear Mr. Ulstad: The Preserve expresses its desire to rezone and replat the above men- tioned property from Agricultural to 1) R.M. 2.5 for the purpose of constructing 84 (d-4) units of rental apartments on the westerly 6.39 acres and 2) to R.M. 6.5 on the remaining portion of the site for the purpose of constructing medium density housing. The attached development concept plan is submitted as a basis for zoning application. • Based upon our discussion last week with Mr. Putnam, it is my understanding that if certain confidences are met that the project will receive a public hearing before the planning commission October 11th, and before the Council October 26th, or November 9th, depending upon progress before the planning commission. Please call if I can be of any assistance in answering questions or pro- viding additional information to you, the staff, or others during the re- view process. DLH/j1 Enclosures cc: John Gertz Ken Person Larry Peterson Dick Putnam Mayor Penzel ATotalEnvironmentCommunity-8920FranloRd.,EdenPrairie,Minn.55343-1612)941.4031 NOVEMBER 23, 1976 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 1211 A RESOLUTION APPROVING PRELIMINARY PLAT OF POOLSIDE APARTMENTS L13-76-2-16, P-11 BE IT RESOLVED by the City Council of the City of Eden Prairie. Minnesota, as follows: The Preliminary plat of Poolside Apartments located in and a replat of Let 1, Block 1, Highpoint and as shown on the "Site Plan" dated 9/76 as follows: Lot 1, Block 1 of Highpoint, Section 24, Township 116, Range 22. Subject to the terms of the Rezoning Agreement to be executed between the developer, The Preserve, and the City of Eden Prairie, AND, is found to meet the purposes and objectives or is in con- vormance with the provisions of Eden Prairie Ordinance No. 93 (Subdivision Ordinance) and all amendments thereto. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk . 3o1 Nov. 23, 1976 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1212 RESOLUTION VACATING CERTAIN EASEMENTS IN DUCK LAKE ESTATES WHEREAS, the City of Eden Prairie has a drainage and utility easement over the following described land; Six feet right and left of a line com- mencing at the northeast corner of Lot 17, Block 1, Duck Lake Estates; thence South 12 ° 33' 38" west a distance of ten feet to the actual point of beginning; thence continuing South 120 33 38" West a distance of 145 feet, more or less, to the shoreline of Duck Lake and there ter- minating WHEREAS, a public hearing was held on Nov. 23, 1976, as required by law, and WHEREAS, it has been determined that said easement is not neces- sary and that it would be in the public interest that this easement be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. The above described drainage and utility easement is hereby vacated. 2. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings and shall be recorded in accordance with M.S.A. 117.19. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk ' MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City.Manager PROM: Carl Jullie, City Engineer DATE: November 18, 1976 SUBJECT: Land Division DUCK LAKE ESTATES The City Council requested further information regarding a land division which occurred in 1973 involving a shift of the lot line between Lots 17 and 18, Block 1,. Duck Lake Estates. We checked with Hennepin County and determined that the division was made through the administrative procedure of Ordinance No. 161. The staff ap- proved the division by letter to Hennepin County and the County actually completed the division on August 21, 1973. CJJ:kh 39A WHP/azd 11/8/76 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.a52. AN ORDINANCE REPEALING AN ORDINANCE. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 158 entitled "An Ordinance Licensing and Regulating the Sale of Intoxicating Liquor by Certain Clubs Within the Village of Eden Prairie" is hereby repealed. Section 2. 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, adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1976. Mayor ATTEST: John D. Franc, City Clerk Published in the Eden Prairie News on the day of , 1976. 3311 DATE: Novemeber 15, 1976 mEMO TO: Roger Ulstad - City Manager FROM: Wayne R. Sanders, Building Official SUBJECT: Additional space for city offices On November 10, 1976, I contacted Bob Mason, building contractor to get an approximate price of a new City office building. He said that on a simple building of approximately 1400 square feet we could expect a cost of $25.00 to $30.00 per square foot. In speaking of $25.00 to $30.00 per square foot, I am referring to a rectangular shaped building approximately 28 feet wide and 50 feet long. In the conversation we spoke of a men's and women's toilet on the main floor and same toilet facilities roughed in on the lower level. Also mentioned were some partitions on the main floor for offices. Using these figures we could expect the cost to be as follows let Floor: 1400 sq ft x $25.00 =$35,000 Bob Mason said $35,000 to $40,000. Because there is no exact plan to give a price on, I can only say it would be a wood structure of the above mentioned size. A brick front for instance may or may not be included in this price. The price of $35,000 to $40,000 would include a full basement which would be set-up with a walk out level with windows across the rear of the building. If the lower lev el were finished we could expect to spend $12.00 to $15.00 per square foot. If there were 1200 square feet of usable space on the lower level, the cost would be as follows: Lower Level: 1200 sq ft x $12.00 = $14,400 This would allow ample partitions for offices on the lower level. 33IZ HOUSE A-4 BARCELONA HOUSE 8-4 EISON HOUSE C-4 SARATOGA HOUSE 0-4 RIIY7VT"'4 19,500 17,900 19,100 19.900 780 716 764 796 20,280 18,616 19,864 20,696 1,014 930.80 993.20 1,034.80 I. PRICE II. + 4% MINNESOTA saps TAX III. AGGREGATE TOTAL .7•) BASE OFFER + 4% SALES TAX z2> IV. CASHIER'S OR CERTIFIED CHECK EQUAL TO 57. OF AGGREGATED TOTAL THIS FCFM !,.UST 87. SUiMIIILD FOR ccrsIPER4T1oN NC LAILR TNAN 3:00 P , 12/2/76 PROPOSAL F010c STUDENT BUILT HOUSES SUBURBAN HENNEPIN VOCATIONAL TECHNICAL SCHOOLS INDEPENDENT DISTRICT 287 1820 North Xenium Lnae Minnenrolis, MN 55441 NORTH CAMPUS SOUTH CAMPUS PURcHAsING • BUYER'S NAME ADDRESS CITY STATE ZIP BUYER'S SIGNATURE TELEPHONE NO. HOME OFFICE -5-- INFORMATION TO POTENTIAL NOME BUYERS House C-4 (Saratoga) features: 1350 square feet. 3 bedrooms. Rough Cedar siding. 1 1/2 baths. Vaulted ceiling in living room with beams. Fireplare. Dining room. Flush interior doors. Strip hardwood floors in master bedroom: Parquet flooring in dining room. Cedar shingles. 1 bedroom with finished hardwood flooring. House D-4 (Ridgevicw) features: 1232 square feet. 3 bedrooms. Rough cedar siding. 1 3/4 baths. 22' x 28' attached garage. Panel interior doors. Strip hardwood floors in master bedroom. Parquet flooring in dining room. Cedar shingles. 1 bedroom with finished hardwood flooring. The following items are not included. Furnace and ductwork. Foundation. Basement plumbing and electric. Floor covering. Kitchen range. Light fixtures (except recessed). Moving costs. Ceramic tile in bathrooms. Bathroom mirror. Basement stairs. -2- .3,ArtB TO: Peger lasted, Mayor and City Council FROM: Bytty Johnson SUBJECT: Community Public Health Services DAIT: November 19, 1976 Peunepin County's Office of Planning and Development held a meeting PP UednencL,y, November 17, to review the preliminary Hennepin County plan for proviion of coemunity health services, as set forth in the 1975 Minnesota Community Health Services Act. The public hearing on the plan will be held let the south suburban area on Tuesday, November 30 at 7:30 at the Seuthdale Yegional Library, 7001 York Ave. S. Following an overview presen- tation of the preliminary plan, testimony will be invited from individuals Cod representatives of organizations or community and municipal agencies. Call theLy who wore notified of the August diecussion session here at Eden' Prairie City Dail have also been notified of this public hearing.) The guidelines for teetimony, if the Council wishes to make an official statement, are attachcd. Also included is a copy of the preliminary plan summary. The full plen is available for review at all Hennepin County Branch Libraries, including the Eden Prairie branch on County Road 4. After the hearings, changes, if necessary, will be made in the plan and it will be submitted to the Hennepin County Board for approval on December 21.. It then Goes to the State Board of Health for their approval and the subsidy funds are expected to be available by the end of January in amounte reflecting retroactivity to January 1. Subsidy funds will flow 1) directly to municipalities with Boards of Health now providing service (Minneapolis, Bloomington and Edina); 2) to municipalites in joint powers agreements With combined population of 65,000 that are providing service through joint Board of Health; and 3) indirectly through the coentv- wide plan, in which the county will contract for or provide health services. Wunicipalities may choose their vendor for various services (public health nursing, sanitarian, etc.),and this implies standards to judge the various potential vendors. These have not yet been developed (or finalized) by the . County or the State Department of Health. For instance the county public health nursing task force is in the process of setting recommended standards in that area. The realities of implementation have not yet been worked out. There is concern about a possible "patchwork" of providers, especially in the public health nursing service. The County Planning Department feels sure that the state will require availability of a basic service level throughout the county. RFC01/4"Wer;TION. Per several reasons, it is recommended that Eden Prairie inform Suburban Public Health Nursing Service of its intent to be part of SPHNS for the year 1977. IWAS:,flq: 1) It is not practical, or probably legal, for Eden Prairie to develop its own individual plan for provision of community health services -- the community does not have a board of health or an administrative health .iepart- ment it in unclear junt how much money Eden Prairie could actually receive. 2) The only way to make u:.ie of Bloomington's health services would be to negotiate a joint p,wers aorecment and establish a joint board of health with Bloondngton. 3) Initial crotacts with Methodist Hospital for public health services in Eden brairie have been mado, but a final decision along that line ' is premature now. 4) It is not well ,defined now just what Hennepin County's plan will be able to provide in the way of funding and assistance to SPHNS, nor is it. clear what services NPH/6 will be able to maintain and add in 1977. -2- Community Public Health Services, Nov. 19, 1976 At the end of a year's time, it should be possible to make a more intelligent decision about the best way to provide community health services in Eden Prairie: joint 'powers with Bloomington, contract with Methodist Hospital, stay with Suburban Public Health Nursing, or another alternative that is not kneel: now. It will be much better known how the Community Health Act provision S are going to be carried. Further recorriendarion: To encourage the Board of the Suburban Public Health Nursing Service to re-organise and re-orient its thinking about provision of services in the remaining communities of Hennepin County within its contract area. (For instance, if Richfield contracts with Bloomington for its health services -- as it seems very likely they will --, this will eliminate both Edina and Richfield from SPHNS service area. The Well-Child Clinic has been in Richfield -- if it is moved to the western central suburban area, it may be serving us much better than formerly.) • GUIDELINES FOR PUBLIC TESTIMONY ABOUT THE PRELIMINARY HENNEPIN COUNTY-WIDE COMMUNITY HEALT H S E R V I C E S P L A N 0 All persons who wish to testify are requested t o n o t i f y t h e Hennepin County Office of Planning and Development ( O P D ) by telephone or mail in advance of the meeting. C a l l o r write to Barb Kelley at the Office of Planning and D e v e l o p - ment, Hennepin County Government Center, 348-742 3 . P l e a s e Indicate at which public meeting testimony will b e g i v e n . 9 Testimony will be scheduled according to the chrono l o g i c a l order of notification/registration received. Tho s e i n t e r e s t e d In giving testimony may also register at the publ i c m e e t i n g . • All persons will be requested to state, at the beg i n n i n g o f ' their testimony, their name and address and, if a p p l i c a b l e , the name and address of the agency or group repre s e n t e d . • • Persons presenting individual viewpoints will be re q u e s t e d to limit their comments to five minutes. Persons r e p r e s e n t - ing an organization or agency will be requested t o l i m i t their coments to 10 minutes. • Where possible, efforts should be made to coordinat e t e s t i m o n y in order to avoid repetition and duplicative rema r k s . $ A written copy of testimony is requested from i n d i v i d u a l s representing an organization or community agency. SUMMARY OF SIGNIFICANT FACTS AND FEATURES ABOUT THE COMMUNITY HEALTH SERVICES ACT AND THE PRELIMINARY COUNTY-WIDE COMMUNITY HEALTH SERVICES PLAN 1. The Comunity Health Services Act makes $1.9 million available to Hennepin County and its municipalities. Approximately $1.6 million represents "new money", and $300,000 is to replace some direct state grants and services that are being discontinued. 2. Minneapolis, Bloomington and Edina may directly qualify for Community Health subsidies totaling $1.27 million providing that each submits a plan that is reviewed and approved by the County Board. 3. Hennepin County government and other municipalities will qualify for an additional $671,650 in subsidy funds providing that: (a) a County Board of Health is established, and (b) a community health subsidy plan is submitted to the state. 4. If a County-wide plan (such as the preliminary plan presented) is not sub- mitted, a total of $570,000 of "new money" and $100,000 of "replacement money" for state grants and services will be lost to County government and the 43 municipalitias not qualifying for a direct share. 5. Final approval of a Community Health Services Plan, such as the one submitted for preliminary approval, would not require any increase in County or munici- pal property taxes since current levels of program expenditures serve as the basis for entitlement. In fact, such a plan will actually provide property tax relief because approximately 45% of the subsidy funds will be used to support existing programs funded out of County and municipal levies. 6. Establishment of a County Board of Health does not eliminate existing munici- pal Boards of Health or Health Departments. One year after the establishment of a County Board of Health, all municipalities of the third class would lose the authority to maintain Boards of Health. (This provision would affect the following third class municipalities that have legally constituted Boards of Health: .Deephaven, Excelsior, Greenfield, Greenwood, Maple Grove, Osseo, St. Anthony and Wayzata). 7. The preliminary Cormuriity Health Services Plan relies heavily upon contracting with municipal and other community health agencies for the direct delivery of services. According to the plan, the County's role would continue to be primarily one of service planning and coordination, with the additional costs of staff necessary for these purposes being provided out of subsidy funds. 8. Approval of this preliminary plan will enable staff and the Advisory Committee and Task Forces to continue the planning process so a final plan can be submitted to the County Board for approval in December in order to avoid delays in cash flow and possible loss of funds. MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: Mayor and City Council Roger Ulstad, City Manager Marty Jessen, Director of Community Services/1 Cedar Hills Golf and Ski Appraisal November 19, 1976 The appraiser employed for this purpose has completed his work and we will be in receipt of the appraisal for the Parks, Recreation and Natural Resources Commission meeting Monday, November 22. I will have their recommendation on this matter for the Council meeting on Tuesday. MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: Mayor and City Council Roger Ulstad, City Manager Marty Jessen, Director of Community Services /11j . Revised Metro Parks & Open Space 5-Year Capital Improvement Program November 19, 1976 Attached is a copy of the memo to the Parks, Recreation and Natural Resources Commission regarding the above item. The Parks, Recreation and Natural Resources Commission will consider this at their meeting on Monday, November 22 and I will have their recommendation for the Council meeting on Tuesday evening. MEMORANDUM TO: FROM: SUBJECT: DATE: Parks, Recreation and Natural Resources Commission Marty Jessen, Director of Community Services A 1 Revised Metropolitan Council Capital Improvement Program For Parks and Open Space November 19, 1976 Attached is an excerpt from the Metro Open Space Commission CIP showing those projects which are in Eden Prairie and their relative priority as against all other metropolitan projects.. I've also included trail corridor acquisition and development excerpts totalling $7.4 million dollars. This money is included in the CIP but not allocated for specific projects. Eden Prairie may consider proposing projects for this fund such as Purgatory Creek acquisition and development, Minnesota River Bluff acquisition and development or other regional trail corridors. The items on the top half of the sheet include all of the things which were submitted to the Metropolitan Council last year and were included in their 1975 Capital Improvement Program which was not funded by the State Legislature. In August of this year we resubmitted items for Bryant Lake, Anderson Lakes, and Lake Riley with the understanding that the City is not committed to proceeding with Riley at this time. The Metropolitan Council has included Lake Riley in their program and have indicated that should Eden Prairie not wish to proceed with a regional park at Lake Riley they will authorize some other implementing agency to do so. The only item eliminated from our August request is the purchase of the 8 lots and 6 homes along Timber Trail in the Anderson Lakes Park area. I've indicated to the Metropolitan Council people that we feel no urgency to proceed there and that a change in land use is - very unlikely. Should one of the owners in this area decide to sell, we can request a special appropriation from the Metro Council for"in- holding"acquisition of this nature. A public hearing is being held on December 9, 1976 before the Metro Council on the CP. Comments will be received at that time and a implementation stategy will be developed after the meeting with a legislative proposal made in the 1977 session. RECOMMENDATION I would suggest that the Parks, Recreation and Natural Resources Commission recommend to the City Council a position to be presented to the Metropolitan Council at the hearing on December 9 supporting the Capital Improvement Program for Regional Parks as it relates to sites within Eden Prairie. MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: Mayor and City Council Roger Ulstad, City Manager Marty Jessen, Director of Community Servicesiqj Kucher/Deaver Properties November 19, 1976 Attached is a copy of the memo to the Parks, Recreation and Natural Resources Commission regarding the above item. The Commission will consider this at their meeting on Monday evening, November 22 and I will have their recommendation for the Council meeting on Tuesday evening. MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Marty Jessen, Director of Community Servicesiqj SUBJECT: Kucher/Deaver Properties DATE: November 19, 1976 The appraisals as ordered for these parcels have been received and the following land values have been assigned by the appraiser. Kucher Parcel $4,600 per acre Deaver Parcel $4,400 per acre for a parcel 40 acres and under. $4,000 per acre for a larger parcel. I've discussed the appraisals with the landowners and report the following: 1. Kucher Properties. They are willing to sell land to the City at a price of $5,000 per acre with a two year option through 1978. 2. Deaver Parcel. Mr. Deaver does not wish to divide his 150 acre tract. He has expressed a willingness to sell the entire 150 acres to the City at a price of $4,000 per acre with the understaning that the City would only have to pay $450,000 and he would contribute/donate the balance to the City, which makes for a net affect of $3,000 per acre. I will discuss this matter further with you at the meeting November 22nd including implications for funding etc. -M1 MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: Mayor and City Council Roger Ulstad, City Manager Marty Jessen, Director of Community Services/O. The Raze Property November 19, 1976 Attached is a copy of the memo to the Parks, Recreation and Natural Resources Commission regarding the above item. The Commission will consider this at their meeting on Monday, November 22 and I will have their recommendation for the Council meeting on Tuesday evening. MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Marty Jessen, Director of Community Services SUBJECT: Raze Property DATE: November 19, 1976 The attached map shows the location of the Raze property which has been included in the Staring Lake Park boundaries. The land is currently for sale and we have discussed the possibility of City acquisition with the realtor. The City Council has referred this matter to you for specific recommendation relative to whether or not the City should proceed with some form of acquisition, either fee title or easement, at the time. This fall with the acquisition of the Grill and Zylka parcels, the City has completed the acquisitions at Staring Lake with the exception of the Raze property and the Morley property. In the case. of the Morley property a purchase agreement of some long standing exists which gives the City right of purchase. The park plan for Staring Lake calls for the acquisition of 10-12 acres of the Raze property leaving the house and 1-3 acres in private ownership. The realtor fcr Mr. Raze has advised that they wish to sell the entire parcel, if at all possible. No funding is currently available for this parcel. However, previous LAWCON Grants have been used to acquire all the other land in the Staring Lake Park and I aM quite confident that 1978 LAWCON funding could be secured for this parcel. I am also of the opinion that the Watershed District may be interested in assisting in this acquisition inasmuch as a substantial portion of the property is flood line lands. RECOMMENDATIONS I would suggest that the Parks, Recreation and Natural Resources Commission recommend to the City Council that a "no cost option" be secured on the Raze property while an appraisal is completed and negotiations begun in an effort to acquire an option for this parcel through 1977. r•-•n STARING LAKE PARK VILLAGE OF EDEN PRAIRIE Unapproved Planning Commission Minutes -2- Nov. 8, 1976 IV. REPORTS AND RECOMMENDATIONS A. Land Development Procedures I. PUD Procedures 2. Zoning Procedures 3. Platting Procedures The planner stated he feels the procedur e s w i l l b e o f a s s i s t a n c e t o t h e c i t y n o w and can be reviewed if necessary after t h e G u i d e P l a n U p d a t e . H e s a i d t h e d r a f t procedures attempt to make the review process more workable and readable . Sorensen asked if the City Attorney had r e v i e w e d t h e d r a f t s . T h e p l a n n e r r e p l i e d the attorney has had some preliminary res p o n s e s a n d w o u l d b e r e v i e w i n g t h e m i n detail when the council considers the it e m s . Schee inquired if the procedures need be officially adopted, o r i f t h e y c o u l d be accepted as procedures. Sorensen felt they should be adopted by a r e s o l u t i o n o r m o r e l e g a l f o r m a s t h e y define the obligations of the city and d e v e l o p e r . Bearman questioned if a ,public hearing f o r m a t should be included. Discussion followed regarding the necessity and valu e o f a f o r m a t Sundstrom suggested I changes on the foll o w i n g p a g e s : P.3,D."Optional Submission of Concept an d D e v e l o p m e n t S t a g e P l a n s " , s h o u l d b e clarified. P.5,I.& A. suggest it read PUD Concept a n d / o r D e v e l o p m e n t S t a g e . . . Motion: Beannan moved, Schee seconded, to recommend to t h e C i t y C o u n c i l c o n s i d e r a t i o n o f approving the 3 draft procedures ( PUD, Z o n i n g , P l a t t i n g ) , w i t h t h e r e c o m m e n d a - tions made by the commission this evenin g . MEMO TO: Mayor and City Council FROM: Dick Putnam, Planning Director DATE: November 12, 1976 SUBJECT: Land Development Procedures a. PIM Procedures b. Zoning Procedures C . Preliminary Platting Procedures The attached draft procedures for Planned Unit Developments, Zoning and Preliminary Platting were prepared by the city staff in response to the Council's directive to develop a PUD ordinance. Updating of the 1968 Guide Plan will result in recommendtions concerning the city's development procedures which may require revisions to existing city ordinances and procedures. Such recommendations may be expected by mid to late 1977 . . The draft procedures have been reviewed by the various city departments and discussEd with developers currently building in the city. The general consensus is that the draft procedures are reasonable and provide a needed guide to the city development process. It was pointed-out at the meeting with the developers that the draft procedures follow closely "how things are done today". Since the source of the information in the draft proce- dures are existing city ordinances and administrative procedures the similar- ity is not surprising. The Planning Commission reviewed the draft procedures and recommended the City Council consider adopting the PUD, Zoning and Preliminary Plat Procedures to serve at least through the Guide Plan Update. The Planning Commission suggested the City Attorney review the procedures to insure proper legal language and format. DP:jj PLANNED UNIT DEVELOPMENT PROCEDURES 'draft Outline Page 1 Introduction 2 PUD Requirements Procedures 2 A. Size 2 B. Definition 3 C. Application 3 D. Optional Submission of'Concept and Development Stage Plans. 3 E. 'Staff Review 4 F. Referral to the Planning Commission. • 4 G. Planning Commission Review 4 H. City Council Review. 5 I. PUD Concept and Development Plan Presentation , Public Hearing Format 5 Submission Requirements A. General Requirements of PIP' Concept and Development Stage Plans. 6 1. Specific Plan Requirements. 7 8 8 9 9 10 Plan Proposal PUD Development Stage Plan-Submission Requirements • A. Project Identification. B. Plan Area Identification. C. Plan-Project Area Analysis, D. Plan Proposal, Re6".2, INTRODUCTION Eden Prairie has utilized the PUD affectively since 1970 to implement the Comprehensive Guide Plan of 1968, Zoning Ordinance ft135, Subdivision Ordinance #93 and other city policies. The PUD in an Eden Prairie context provides the opportunity for a creative relationship of a variety of land uses in harmony with its natural site. To accomplish this, the city provides in Section 11, Ordinance 135, that the • . . "Council shall adopt , and may amend specific pro- cedures and requirements for submission and approval of PUD proposals". Eden Prairie adopted PUD Procedures on April 6, 1971 as a guideline to the PUD process. No formal changes to these procedures have heen adopted by the City Council todate, However, modifications to the April 6, 1971 procedures have been added to keep the "process current". The following is an outline of Eden Prairie's 1976 PUD Procedures: SECTION 11, ORDINANCE n135 Purpwie The Planned Unit Development (PUD) provision of the ordinance is to allow variation from the provisions of this ordiannce including setbacks, height, lot area, width and depth, yard's, etc., in order to: a. Encourage more creative design and devel- opment of land. b. Promote variety in the physical development pattern of the Village. C. Concentrate open Space in more usable areas or to preserve unique natural resources of the site. d. Preserve and provide a more desirable envir- onmCnt than would be possible under strict — interpretation of. the Zoning Ordinance or Subdivision Regulations. A. Size The minimum size . for PUD proposals is 25 acres, except in the MCA (Major Center Area ) where that size is reduced. 11. Definition 1. PUD Concept Stage The Concept Stage Plan provides the vehicle by which the proponent may submit a plan to the city illustrating the basic intent and general nature of the overall devel- opment without incurring substantial cost involved in detailed design. 'the NUO Loncept elan. for public discussions regarding the impacts of alternative plans. Approval of the Concept Plan is not intended . to be the final decision on development of the area, rather the concept - plan may change over the years as the plan is imple- mented. 2. PUD Development Stage Plan The Development Stage Plan provides the specific plans which the proponent and the city will rely upon for the project's implementation. The City Council in approving the Development Stnge Plan will pass an ordinance rezoning the property to the appropriate zoning district and will take into consideration the previously approved PUD Concept Stage 2. C. flpplieltions Applications for approval of a PUD Concept Stage and/or Development Stage shall be filed at the office of the Planning Director. A non-refundable application fee of $200.00 as established by the City Council to defray administrative costs shall accompany each application. A deposit established by the Planning Director shall accompany the application. The deposit or a portion thereof, will he refunded after final City Council action on the proposal if the total sum is greater than the administrative review cost, which may include, but not be limited to: 1. consultant fees assisting in City review. 2. city staff time expended in specific develop- ment review, 3. mailing, legal notices and other administrative costs, 4. any other reasonable costs incurred by the City in review of the proposal. Full payment by the proponent of all fees and cost for City review must be paid prior to further consideration of subse- quent development stages. Each application shall contain the required information for PUD Concept or additional information and submissions as may 'be prescribed by the Planning Commission. The applicant shall provide a letter authorizing the city to erect one or More "Land bevelopment Signs" which identifies the site as proposed for development. The signs will remain until the city has completed action upon the applicant's request at which time the city will remove the signs. The applicant does not assume responsibility for the signs in case of vandalism or theft and only grants permission to the city for their erection . D. Optional Submission of Concept and Development Stage Plans. The proponent may, at his option, submit Development Stage plans for the proposed PUD simultaneously with the submissi o n of the Concept Plan. In such case, the proponent shall comply with all thy provisions of the city applicable to submission of the Development Stage Plan. The Planning Commission and Council shall consider such plans simultaneously and shall grant or deny Development Stage Plan approval in accordance with the Concept Plan approved. E. Staff Review The City staff will review the PUD submission and prepare a report for the City advisory commissions and City Council reviewing the adequacy of the data submitted, conformance of the PUD with established city, watershed, etc., policies, PUD's technical design aspects and a staff recommendation for City action. Such a staff report may he written before the first Planning Commission meeting or after one or more meetings depending upon the complexity of the project, issu e s and public explanation necessary. 3. ?22f F. Referral to the Planning Commission Upon receipt of a completed application for approval of a Concept Plan or Develnpment Plan, the Planning Director shall refer. such application to the Planning Commission for consi- deration at the firat regular meeting of such Commission . which would allow for the necessary publication and legal notice requirements. In no case shall the first Planning Commission consideration be more than 30 days after receipt of the application. The first Planning Commission meeting considering the PUD Concept and/or lievelopment Stage Plan shall be a Public Hearing with notice published in the official newspaper of the City prior to the day of the hearing. Notice of the meeting 1:ill also be mailed to affected property owners in the project area G. Planning Commission Review The Commission nay refer the POD to other City advisory commissions or other appropriate governmental review agencies at its discretion. The Commission shall review the POD Plans and make a. _recommendation to the City Council within GO days of its first consideration unless an extension is agreed to by the proponent. H. City Council Review The City Council, upon receipt of the Planning Commission's recommendation on the PUP application and written request from the proponent, will set a public hearing to consider the Concept and/or Development Stage application. Notice of the public hearing will be published in the official newspaper of the City at least 10 days prior to the day of the hearing. Notice of the meeting will be mailed to affected property owners before the day of the hearing. The City Council after review of the POD request, advisory commission recommendations, staff recommendations and public comment, shall approve, deny, or recommend revisions or reapplication of the Concept or Development Stage Plan. In the event of a Concept Stage Plan , the Council shall direct the City Attorney to draft a PUP Development Agree- ment that statvs the conditions upon which thi;'PUD was approved. The City Council shall pass a resolution approving or denying the PUP Concept Stage Plan. The City Council in approving the PUD Development Stage Plan will direct the City Attorney to prepare an ordinance amending Zoninn Ordinance 135 rezoning the specific site to the appropriate zoning district. The City Council will then direct the City Attorney to draft a Zoning Agreement that states the terms and conditions agreed upon by the proponent and City. Said Zoning Agreement shall be signed by the City and proponents prior to the second reading of the ordinance zoning the property. ) I. POD Concept Stars and/or Development Stage Plan Presentation . Presentations made to the Planning Commission and City Council should be brief (15,20 minutes ) covering the major features that influenced the proposed plan, a clear description of what is proposed and an explanation of City decisions requested. • Visual aids such as: models, slides, air •photos, overhead transparencies, large plan graphics will aid the decision makers and interested citizens in understanding the proposed plan. There is no substitute for visual communication in explaining such complex issues and solutions involved in land development decisions. Contact the Planning Director fur availability of audio visual equipment. • Public Hearin:, Per -at Generally, the following is the Public Hearing Format used by the City Commissions and Council. 1. Call the opening of the Public Hearing. 2. Proponent presentation ( I5-20 minutes ). 3. Commission and/or staff reports ( 10-15 minutes). 4. Council/commission review or questions. . S. Public questions and comments: 6. Council/commission review and question proponents, opponents, staff. 7. Council/commission close or continue the Public Hearing and determine the necessary action. SUBMISSION PEQUIRPMENTS: Section 11.3, Ordinance #135 The City Council shall adopt, and may amend specific procedures and require”,ent, roc submission an aplroval of POD proposals. A. Genera] Requirements of POD Concept and/or nevelorment Stage Plan!:: I. One (1) copy of the completed land ...Develepment . Application . form and applicationfee must be filed with the Planning Director a minimum of 21 days before the first Planning Commission meeting. 2. Thirty (30) copies of the application material shall he filed with the Planning Director a minimum of 14 days before the first meeting with the Planning Commission. S. 3: A presubmission conference with the City staff is important to assist - the proponent in determining the existing city policies, utilities and plans affecting the proposed project. 41. The City has found that a presentation and discussion of the proposed PUD Concept or Development Plan with adjacent landowners is a positive step in the devel- opment and review process. The city staff will assi.:t the proponent in setting up such meetings if desired by the proponent. B. PUD Concept Stage-Submission Requirements 1. Project Identification: a. Ownership . . . purchased from, 'purchased by, nature of title, contract transfer schedule associations or partnerships, etc. . . . h. Developer. . . owners or partners, nature of business, previous experience, nature and extent of participation, other concurrent ventures, long or short term involvement, intentions, etc. . . c. Fiscal, Economic . . . interim and long Wrm capital sources of prospects,nature of parti- cipation, if any . . . d Development Method. . . tract or lot sale or lease, actual construction, combination , responsibility of common areas and facilities. . . e Development Timing. . . a "critical path" means of description that includes pianning, approval, construction sales and occupancy, etc., timing through the initial .development period. f Critical Public Decisions. . . highways, utilities, parks,-airports, etc. . . g. Additional Ceneral Project Information . . 2. Plan Area Identification n. Identify_oundaries and boundary conditions. b. Identia_Proiect Area and other major ownerships. 6. 3333 C. Regional - Relationships , as pertains to the Metro - Development Guide. d. Existing Land Use ahd OccuLancy. c. Existing Trmiaportation. f. Existing Zoninl, g. Guide Plan or sector plan amendments. h. General Analysis and conclusions. . 3. Plan-Ereiect Area Analysis a. Topography, Slopes. b. Soils. . . surface and generalized subsurface. c. Vegetation . . . quality as well as location & type. d. Water . . streams, lakes, marsh, ponds, drainage, subsurface, floodplains, . e. Photographic Analysis . . . photographs of the site sufricient to convey its general visual qualities and relationship to area. f. General Natural Ecological Analisis and conclusions. 4. Plan Proposal; a. Goals. . . specific concept plan goals to be achieved. b. Land Use. . . designations, area density Or gross building area proposed. . . C. Transportation. . . including designation of arterials, collectors and major plan area feeder streets, access points to arterials and collectors, right-of-way widths, preliminary profiles and typical cross-section proposals. . d. Common Areas and Eacilitics. . plan designa- Milt and 0 -escripion including ownership and development responsibility, maintenance and phasing. 7. e. Utilities Schematic. . . indicating trunk and lateral distribution scheme for water, sewer and power, drainage patterns and schematic struc- tural requirements. . . f. Mass_Giladin_g. .-. plan designation of major excavation or fill areas required to create access or prepare sites for structures in schematic form. Community Facilities. . . Including parks, public open space, schools, churches, and other public or quasi facilities. . . h. Development Phases. . . indicate area and nature of initial development, and hest estimate of : future stages of development in chronological order. . . Housing :jcipulation Profile. . . identification of proposed housing inventory by type and cost. Profile of project population by age groupings. Land Use Profile. . . identification of various uses and approximate size ( square foot ), etc. k. Transit Impact Analysis. . .general determination of the impact of the development upon existing transit systems and needed transit improvements to 'Support the plan. Additional Information oz. documentation which helps to illustrate the PUD Concept Stage Plan. C. PUP Development Stage Plan - Submission Requirements: Project Identification: a. Ownership. . . purchased from, purchased by, nature of title, contract transfer schedule, a.ssociations or partnerships, etc.,.. b. Devcrloper, . . owners or partners, nature of business previous experience, nature and extent of participatioa other concurrent ventures, long or short term involve- ment intention, etc.... c. Fiscal, Economic. . . interim and long term capital sources of prospects, nature of participation , if any. . . d. Development Method. . . tract or lot sale or lease, actual .construction, combination, responsibility of common areas and facilities. . . 8. o Development Timing. . . a "critical path" means of . description that includes p/anning, approval, construction, sales and occupancy, etc., timing through the initial development period. f. Critical Public Decisions. . . highways, utilities, parks, airports, zoning, platting, environmental review, etc. . . g. Additioual General Project Information. . . as may be necessary to explain the unique characteristics of the project. 2. Plan Area Identification: a Identify Boundaries and boundary conditions. 4 Identify Project Area and other major ownerships., c Regional Relationships. . . that may be influenced or have had signficant impact upon the project. d EXisting ,Land Use and Occupancy. e. Existing Transportation Systems.. . . pedestrian, auto, etc. . . f. Existing Zoning. g. Guide Plan and PUD Concent Stage •Plan Framework. h. General Analysis and conclusions. 3. Plan-Project Area Analysis a. Topomrathy. Slopes. b. Soils. . . surface and subsurface conditions that may affectconstruction. c. Vegetation. . . quality as well as location. d. Water. . . streams, lakes, marsh, ponds, drainage, • subsurface, floodplains. . c. Photapr:Thic Analysis. . . photographs of the site sufficient to convey its general visual qualities and relationship to area and proposed development. f. General Natural licolorical Analysis and conclusions. 9, 4. plan PToTosal: a. bevelopent Objectives. . . as they implement the tonee .1t Plan's goals and specific project objectives. h. Site Plan. . . depicting specific site layout with roads, pathways, buildings, open space, landscaping,. and other site design features. Grading, . . completed illustrating to 2 foot contour intervals the site alteration necessary to complete the plan. d. Utility Plan. . . which illustrates the easements, and general sewer, water, and power services to all uses. Preliminary Architectural Drawius. . . normal detail achieved during "design development phalise" of architectural design process ( does not include single family detached housing). f. Legal Instruments for Plan Implementation. homeowner's association documents, scenic , pathway, drainage, or other easements and private documents, etc. . . g • Housing or Land/Iluildin_g Use Profile. . . computations of gross/loaSeable square footage , housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc. . . h. Zonini, Classifications and/or Variation from City Ordinances . . . listing of zoning district changes needed, variances from City ordinance provisions, etc. . .$. Phasinp and Construction Schedule. . . explanation of development time table including city review through sales and occupancy. j. Additional Information graphics or written explanation that will aid in the understanding of the project. 10 , 33(43 ZONING SUMMARY Outline Page 1 Introduction draTI 2 Zoning Process Outline: 2 A. Zoning Ordinance 2 B. Zoning Map 2 C. Initiation of Zoning Application 2 D. Applications 3 E. OPtional Submission of Zoning and POD • or Preliminary Plat 3 F. Staff Review 3 G. Referral to Planning Commission 4 . H. Planning Commission Review 4 Y. City Council Review 4 Reapplication 4 K. Minnesota Environmental Quality Council L. Public Presentation 6 Submission Requirements: 6 A. General Requirements 6 B. Specific Plan Requirements 7 C. Site Area Analysis 3•,14 •:.111.•:. • INTRODUCTION Eden Prairie's Zoning Ordinance #135, adopted in 1969, is quite different from most City zoning codes. The ordinance relys upon interpretation of most conditions of the ordinance, For example, specific uses within each zone are not listed, rather general descriptions of the objectives to be achieved by land use is included. Ordinance #135 is an exclusive zoning district concept differing from many which allow all lesser uses within each higher zone. For example, within commercial or industrial districts , residential uses are not allowed. Zoning in Eden Prairie is used . . . "to assist in the imple- mentation of the City of Eden Prairie Comprehensive Guide Plan which this Ordinance is based . . . " Sectionl, Subd. 1.2 (2). Unlike many communities Eden Prairie did not "pre-zone" large areas to a specific use such as single family R1 or Industrial, instead most undeveloped property was zoned to the Rural District. The purpose of the Rural District included permitting certain agricultural uses and. . . ." To prevent premature urban develop- ment of certain lands which eventually will he appropriate for urban uses until the installation of drainage works, streets, utilities and community facilities and the ability to objectively determine and project appropriate land use patterns makes orderly development possible. ' Application to a specific urban zoning district is timed to be in sequence with piiblic utility services and construction of the project. " ZONIM; PROCESS OUTLINE A. 70e'ing Ordinance Ordinanre #13!, is the document in which the city's zoning proei bs is di s, s ed in detail. Copies of : a) Ordinance #1Z.5,b Appendi% A - legal descriptions of all property zonrd, c) Ordinance #1.11 replaces Sections 12r,13 of Ol(ti;'l,:I I flarlAng 6 Loading, d) Ordinance #201 replaces Section 11 e) Ordinance f276 Floodplain Ordinance, and f) Ordin:.hce 93 Subdivision Ordinance are reference documents necessary to prepare a zoning application. Copies may In obtained i -ront the City Hall . B. Zoning Map The City Luning .lap may be purchased from the City Hall. The Zoning Map is periodically updated, that revision date is shown on the lower edge of the map. For official zoning district bound;:ries or most current zoning information , the legal descriptions contained in Appendix A and subsequent. zoning ordinances are the most accurate source. C. Initiati ,A1 of Zoning Application (Subd. 19.2, Ord.#135) An amendment to a zoning ordinance may be initiated by the City Council the Planning Commission or by petition of affected owners" A zoning ordinance change may also be part of a PHD development stage appli- ention. " (refer to POD Procedures, dated D. ±Tplications Applications for 'approval of a Zoning district change shall be filed at the (Thee of the Planning Director. A non-refundable application foe of $200.00 as established by the City Council to dcfrny adi:AnIstrative costs shall accompany each application. A deposit established by the Planning Director shall accompany the applicdtion. The desposit or portion thereof, will be refunded after tinal City Council action on the proposal if the total sum is greater than the administrative review cost, which may include, hut not be limited to: 1. consultant fees assisting in City review. 2. City staff time expended in specific development review. 2. 3 :Ai, 3. mailing, legal notices and other adminis- trative costs. 4. any other reasonable costs incurred by the city in review of the proposal. Full payment by the proponent pf all fees and cost for city review must by paid prior to further city consideration. Each application shall contain the required information for Zoning fistrict change or additional information and sub- mishions as may be prescribed by the Planning Commission. The applicant shall provide a letter authorizing the city to erect one or more "1.;ald Development Signs" which iihietifies the site as proposed for developliwat. The signs will remain until the city has completed action up,a1 the applicant's request at which time the city will remove the sign. l'he applicant does not assume responsibility for the signs in case of vandalirm or theft and only grants permission to the city for their erection. E. pptional Submission of Zoning and PUD or Preliminary Plat The proponent may, .at his option, submit PUD Concept Stage and/or preliminary plat simultaneously with the submission with all the provisions of the city applicable to submission of each separate action. The Planning Commission and Council shall consider such request simultaneously and shall grant or deny the applicallons. F. Staff Review The city staff will review the zoning application and prepare a report for the city advisory commissions and City Council reviewing the adequacy of the data submitted, conformance of the zoning with established city, watershed, etc., policies, project's technical design aspects and a staff recommendation for City action . Such a staff report may be Written before the first Planning Commission meeting or after one or more meetings depending upon the complexity of the project, issues and public explanation necessary. G. Referral to the Planninp„ Comm sion Upon reeript of a complete zoning district change application, the Planning Director shall refer such application to the Planning Commission for c::onsidoration at the first regular meeting of such colionission which would allow for the legal publication and notice requirements. In no case shall the first Planning Commission consideration be more than 30 days after receipt of the application. The first Planning Commission meeting considering the zoning district change shall be a public he with notieepublished in the official newspaper of the city prior to the day of the hearing. Notice of the meeting will also be mailed to affected property owners in the project areaat least 5 days prior to the meeting. 3 M. Planning Commission Review The Commis!.ion may icier the Zoning Application to oth e r C i t y advisory coomissions or other appropriate governmental r e v i e w agencies at its deseietion. The Commission shot/ review the plans and malle a recou.mendation to the City Council wi t h i n 60 days of its fir..t consideration unless an extension i s agreed to by the proponents. 1. City Council Review The City Council upon receipt of the Planning Commission ' s recommendotieo on the zoning application and written req u e s t from the proponent, vill set a public hearing to conside r the application. Notice of thepublic hearing will be published in the official newspaper of the city at least 10 days p r i o r to the day of the hearing. Notice of the meeting will be mailed to affected property owners at least 10 days pri o r t o the day of the public hearing. TheCity Council after review of the zoning request, adv i s o r y commission recomMendations', staff recommendations and p u b l i c comment, may approve (by a 2/3 -two thirds-vote of coun c i l members), deny, or recommend revisions or reppplicatio n . The city Council in approving a zoning district change will direct the City Attorney to prepare an ordinance amendi n g Zoning Ordinance 131 rezoning the specific site to the appropriate zoning district . The City Council will then direct the City Attorney to draft a Zoning Agreement that states the terms and conditions agreed upon by the prop o n e n t and city. Said Zoning Agreement shall be signed by the city and proponents prior to the second reading of the ordin a n c e zoning the property. J. Rea_pp]) cat ion No application for the same or substantially the same c h a n g e shall be made within one (1) year from the date of City Council denial. K. Minnesota Environmental Quality Council Some zoning plans will be required to prepare an Environ m e n t a l . Assessmeni workshe,t an voquirod by the bimwsota Env i ronmental Quality Connei 1 Rules and Rowilat ions ( Minn.Rog. MEQC 21 ) pursuant to the Environmental Policy Act of 1973. The Planning Directo r will assist the proponent in such a determination as to f l i p need for an Environmental Assessment. 4. L. Public Presentation Present ,,tions made to the Planning Commission and City Council should he brief (10-20 minutes) covering the major features that influenced the proposed plan, a clear description of what is proposed and an explanation of city decisions requested. Visual aids such as: models, slides, air photos, overhead transparencies, large plan graphics will aid the decision makers and interested citizens in understanding the proposed plan. There is no substitute for visual communication in explaining such complex issues and solutions involved in land development decisions. Contact the Planning Director for use of audio visual equipment. Generally, the following is the Public Hearing Format used by the City Commissions and Couttcil: 1. Call the opening of the Public Hearing. 2. Proponent presentation (15-20 minutes ). 3. Commission and/or staff reports (10-15 minutes). 4. Council/commission review or questions. 5. Public questions and comments. 6. Council/commission review and question proponents, opponents, staff. 7. Council/commission close or continue the Public Hearing and determine the necessary action. 5. 33til SUBM):,S/ON REQUIREMENTS A. Critcrn1 Re0nirements for Zoning District Change Plans: 1. One (I) copy of the completed Land Development Application form and application fee must be filed with the Planning Director a minimum of 21 days before the first Planning Commission meeting.. 2. Thirty (30) copies of the application material shall he filed with the Planning Director a minimum of 14 days before the first meeting with the Planning Commission. 3. A prei.uhmission conference with the city staff is important to assist the proponent in determining the existing city policies, utilities and plans affecting the proposed project. 4. The city has found that presentation and discussion of a proposed zoning change with adjacent landowners is a positive step in the development and review. process. The city staff will assist the proponent in setting up such meetings if desired by the proponcnt. B. SLecific Plan • Requirements 1. Ownership. . purchased from, purchased by, nature of title, contract transfer schedule, associations or partnerships, etc. . . 2. Developer. . . owners or partners, nature of business previous experience, nature and extent of participa- tion other concurrent ventures, long or short term involvement intention, etc. . . 3. Fiscal, Economic. . . interim and long term capital sources of prospects, nature of participation , if any. . . • 4. DevelopmQnt Method. . . tract or lot sale or lease, actual con:,truction , combination , responsibility of common areas and facilities. . . 5. Identify Boundaries and boundary conditions. 6. Identify Project Area and other major ownerships. 2. Regional .P ,.,lationships that may be influenced -6-1-e -b:f -sCiii-ei.:ant impact upon the project. 8. - Existing Land Use and Occupancy. 6. Tran-To n tation Systems. . . pedestrian, nuto, I. . . • ;n- ii plan Framework. in7 , V: hlic Dec ,sions. . . highways, utilities, ports, zoning, platting, environmental .;•nural Project Information. . . as may . • • ,n tu ,-plain the unique characteristics of 1J. L. S3 .t.e AI Analysis Develop_mettt_Obiectiyes.— Sit . . d:Ticting specific site layout with buildings, open space, landscaping, am- oth:,1 site design features. I. € ,u! • . rom-leted illustrating to 2 foot € r the site alteration necessary tc, coi ,! plan. 4 . . . which illustrates the easements, au:,a.ural s^.wer, water, and power services to all ltn ,:;. S. L:Y-hiteetural Drawings. . . normal all •cF.Javed during design development phase" nia orqral design process ( does not include ami'a detached housing ). . 1 ,...rum(.1,ts /or Plan Implementation. . 1 ,w6cot,. vr. asso:Aation documents, scenic pathway, dr!,--, or othe casements and private documents, ,,• Inn i ;ding Ilse Profile... computations ••:.:,,I ,,tota re footage, housing unit break - f bedrooms, persons/unit parking • , et.k. . . 7. 33'1 , 8. Zoning Classification and/or Variations from City Ordinances listing of zoning district changes' needed, variances from city ordinance provisions, etc. . . 9. Phasing and Construction Schedule. . . explanation of dvvelopment time table including city review through sales and occupancy. 10. Additional Information . . . graphics or written explanation that will aid in the understanding of . the project. 8. 3351 PRELIMINARY -PLAT PROCEDURES Outline Page 1 Introduction 2 A. City Review Procedure 2 1. Review 2 2. Filing 2 3. Filing Fee 2b 4. Hearing 3 5. Report to Council. -- 3 6. City Council Action 3 B. Data for Preliminary Plan 3 1. Identification & Description 4 2. Existing Conditions . Subdivision Design Features 6 4. Other Information 6 C. Ordinance 1332-Park & Open Space MS3 INTRODUCTION The procedures and requirements for preliminary platting are listed in Ordinance #93, adopted February 28, 1967. Modifi- cations to Ordinance #93 have been made by the City Council . by amendments or new ordinances while other administrative * changes have streamlined procedures. Preliminary plats are prepared by a registered engineer and arc reviewed by the city and public. The preliminary plat is as the name implies, it proceeds the final plat and allows for changes to be made before the detailed engineering design is determined. A. p;t ' Review Procedure: Procedure: Before subdividing any tract of land the subdivider shall submit a preliminary plat of the subdivision for approval of the Planning Com- mission and City Council in the following manner: Submission: (I) IlevLL. The preliminary plat shall he submitted to tie Planning Director who shall review same to as..:rtain if said plat with the regulations as herein set forth. If the Planning Director finds the material sufficient and in conforance, the plat shall be given a file number and scheduled for the Planning Commission's agenda. (2) Fl in. thirty (30) copies of the proposed plat shall Ue filed with the Planning Director. The required filing fee shall be paid and any neces- sary a:Tlications for variances from the provi- sions of this ordinance and other applicable city ordinances, shall be filed before the proposed plat shall be considered officially filed. The applicant shall provide a letter authorizing the city to e r e c t one or soi'a "load 11;:.velopmeat Signs" which identifies the sit e a s proposed for development. The signs will remain until the cit y h a s completed action upon the applicant's request at which time t h e c i t y ui21 rere'e the sign(s). The applicant does not assume respon s i b i l i t y for the signs in case of vandalism or theft and only grants p e r m i s s i o n to the city for their erection. (3) Filing Fee. The fee to be paid for filing an application shall be twenty-five dollars ($25.00), plus one dollar (51.00) for each lot or -- dollars ( ) per acre on non-residential property. (4) unarm. Within thirty days (30) from the date of filing, the Planning Director shall: (a) Set a public hearing for the next regular meeting of the Planning Commission. The Pladning Commission shall conduct the hearing nod report upon findings and make recommendations to the City Council. Notice O f said hearing :hall be published in the official newspaper at least seven(7) days prior to the hearing. (b) Puler one (1) copy of the preliminary plat to each member of the Planning Commission for I heir examination and report. The City Engineer and Planning Director shall provide the Planning Commission a copy of their report (a) at least P days prior to the hearing 2. Cc) Public Hearing Format Generally the following is the Public Hearing Format used by 'the City Commissions and Council. , 1. Call the opening of the public hearing. 2. Proponent presentation ( 15-20 minutes ). 3. Commission and/or staff reports ( 10-15 minutes 4. Council/commission review or questions. 5. Public questions and comments. 6. Council/commission close or continue public hearing and determine the necessary action. 2b. (5) Report to Council. The Planning Commission shall make a report to the City Council within 21 days following the public hearing. (6) City Council Action: (a) The Council shall act upon the preliminary plat within one hundred and twenty (120) days of the date on which it was officially H led . If the report of the Planning Com- mission has not been received in time to meet this requirement, the Council may act on the preliminary plat without such report. (b) If the preliminary plat is not approved by • the City Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant . If the preliminary plat is approved, such a approval shall not constitute final accep- tance of the subdivision, but the general — acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features and requirements as speci- fied by this Ordinance to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final —plat as it deems necessary for the health, safety, general welfare and convenience of the City of Eden Prairie. (c) The City Council shall direct the City Attorney to prepare a resolution stating the council's action and reasons for approval or denial of the preliminary plat application. B. Data for Preliminary Plat: The preliminary plat shall be clearly and legibly drawn at a scale approved by the City Engincier but not loss than 1=50 feet. The preliminary plat of the proposed subdivision shall contain or have attached thereto the following infor- mation: 1 Idoutification and Description: (a) Proposed name of subdivision, which name shall not duplicate or he alike in pronunciation of the name cf any plat theretofore ecorded in the County. (b) Legal description of property according to the records in the office of the Register of Deeds. 3. (c) Name and addresses of the owner, owner's agent, subdivider, surveyor and designer of the plat. (d) Graphic -scale. (c) North Point. (f) Date of preparation. 2. Existing Conditions: (a) Boundary line survey of proposed subdivision clearly indicated. (b) Existing zoning classifications. (c) Total acreage. (d) Shown on county half-section maps (1"=200' scale) the location, widths, and names Of proposed streets or other public ways, parks and other public lands, easements, and sec- tion and corporate lines within the preliminary plat and to a distance one hundred (100') feet beyond the boundary line. (e) Location and size both public and private, of existing sewers, water mains, culverts or other underground facilities within the preliminary plat area and to a distance of one hundred (100') feet beyond. Such data as grades, invert elevations , and locations of catch basins, manholes, and hydrants shall also be shown. (f) Boundary lines of adjoining unsubdivided or subdivided land, within one hundred (100') feet identifying by name and ownership. (g). Topographic data, including contours at ' vertical intervals of not more than two feet (2') , except where the horizaontal . contour interval is one hundred feet (100') or more , a one foot (1') vertical interval shall be shown. Water courses, marshes, wooded areas, rock outcrops, power transmission policies and linos, and other significant features shall also be shown. (h) Two (2) copies of all proposed private covenants. (i) At least two (2) soil borings shall be required by the City Engineer. At least two (2) percolation tests shall be required by the City Engineer whore appropriate. ( j ) .1 4 . ,.6 3 . Subdivision Design Features: (o) Layout of proposed streets, inelnding proposed roads according to.City thoroughfare plans, showing right-of-way widths and proposed names of streets. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is an extension of an already named street, in which event the name shall he used. The City Engineer will review street naming with applicant. (b) Location of widths or proposed alleys, pedestrian ways and utility easements. (c) Typical cross-sections of proposed improvements upon streets and alleys, together with an indica- tion as to the method of disposing of the proposed storm water runoff. (d) Approximate center line gradients of proposed streets and alleys. (e) Location, size and approximate gradient of proposed sewer lines and water mains. (f) Layout, numbers and preliminary dimensions of lots and blocks, and building setback lines. (g) Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. (h) Whenever a lot proposed for platting is intended or large enough for future platting, a tentative plan for the future subdivision of the entire tract shall be submitted to the Planning Commission. (i) No plan will be approved for a subdivision which covers an area subject to periodic flooding, or which contains extremely poor drainage facilities and which would mahe adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area com- pletely safe for occupancy, and provide adequate street and lot drainage. The City Flood Plain Zone and open space system plans adopted by the Conneil will be used in evaluating the plat and the plat's conformance with those ordinances and plans shall be reported to the Planning Commission and City Council by the Engineer and Planning Director. s . ') ( j) The preliminary plat shall be in confor m a n c e with the PUD and/or Zoning Agreement for th e subject site. The Planning Director shall provide the applicant with copies of any ag r e e m e n t stating conditions affecting the subject si t e . Such an agreement may provide for variances o r specivl conditions for utilization of the s i t e . 4. Other Information: (a) Statement of the proposed use of lots stati n g type of buildings with number of proposed dw e l l i n g units, type of business or industry so as t o reveal the effect of the development on tra f f i c , fire hazards or congestion of population. (b) Water supply source. (6 Provisions for sewage disposal, draina g e a n d flood control. (d) Notation made as to the installation of curb a n d gutter, sidewalks, boulevard improvements , a n d the location of street trees. (e) Proposed protective covenants or deed restric t i o n s . (f) Location of proposed street lights, and ease m e n t s , and the utilities of electricity, gas and te l e - phone. All such utilities are to be underground. C. Drdinance n :332, Park and Open .Space Adopted June 8, 1976, Amending Section 11, O r d i n a n c e 193 Relating to Parks, Playgrounds, Public O p e n Space, storm water holding areas or ponds. Section 11 . • Subd. 1. Parks, Play!trounds. Public Open Space, Storm Water holding Areas or Ponds. The owner or owners of land being subdivided f o r r e s i d e n t i a l , commercial, industrial or other Uses, Or as a p l a n n e d u n i t d e v e l o p - ment which inclndc .a resideLtial, commercial and industrial us e s , or any col...inatien thereof shall dedicate a r e a s o n a b l e p o r t i o n o f each proposed subdivision to the public for p u b l i c u s e a s p a r k s , playgrounds, public open space or storm wate r h o l d i n g a r e a s o r p o n d ; , , or at the city's option, the subdivider shal l c o n t r i b u t e a n e q u i v a l e n t amount iv cash based on the following Sehrd a l e w h i c h i s h e r e b y determined to be the fair market value of t h e u n d e v e l o p e d l a n d . Residential Units Per Acre Sin;,.le family no:ached All othor rc...idential uses Commercial/Office/lndu riot Ii': C's pee per Unit ! 275 $ 200 6 . $1,200/acre Subd,_2,._ That any money received hereunder shall be placed in a special fund by the City and used only for the acquisition of land for parks, playgrounds, public open spaces, storm water holding areas or ponds, development of existing park and playground sites, public open space and storm water holding areas or ponds and debt retirement in connection with land previously acquired for such public purposes. Subd. .3., In ascertaining the amount of money and/or land dedication required herein to be dedicated to the public for public use, the City may take into consideration the open space; park, recreational common areas and facilities which the subdivider has provided for the exclusive use of the residents of the subdivision. Subd. 4. Payments required by Subdivision I may, at the Council's discretion, be deferred until such time as a building permit is issued for the property involved. 7 9';' I October 8, 1976 RESPONSES TO THE DRAFT POD PROCEDURES 3 :3', )1 .:NVAI F. IN( '. 7760 Ali Read • Eden Prairie, Minn, 55343 • 612/941 -5300 October 5, 1976 Mr. Dick Putnam Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Dick, In respow.e to your request for written comments to your proposed Draft Summaries of Eden Prairies Land Development Procedures, I submi t the following: I compliment you on your soliciation of our input on this matter and appreciate the opportunity to comment. I will be as specific as possible to the outlines you prepared. 2. I feel that the basic POD procedure as written is good; however, it should be an option of the land owner to use PUD rather than zoning as a land development procedure and this option doesn't exist in Eden Prairie because of the procedures, variances needed and inadequacies of the Eden Prairie zoning ordinances. Dick Putnam Page 2 October 5, 1976 3. One item which might make PUD more meaningful is making PUD a zoning district committing land use at concept stage thus eliminating the need to go through this step again at development stage. This would also eliminate the need for a 4/5 vote after much monetary commitment is already made based on conceptual approval. 4. I think your procedure here is basically good with these two weaknesses. II. Zoning Summary 1. A general comment that the basic ordinance and process is quite workable but where it breaks down is in the fact that the require- ments are more specific than needed in project review and leas specific than needed in development requirements and guidelines. 2. The ordinances for Residential Development are in my opinion based on unrealistic requirements e.i. R1-22. I feel we need 2 or 3 zoning districts for single family such as R (13,500 SF lot), R (10,000 SF lot) and R (8,000 SF lot). 3. The entire summary is fine up to the Site Area Analysis on page 7 and 8. The requirement of preliminary architectural drawings, referred to is the same as in design development stage of PUD and is more than should be needed for straight zoning. Zoning should be available for properties where it is impractical to predict the identification of end users and where adherence to specific zoning standards assures the City of good development. The requirement to go to the same detail as in PUD makes one or the other an unnecessary function. Computation of gross leasable square footage, number of bedrooms, persons per unit, parking layouts, etc., belong in PUD, not conventional zoning. I would recommend establishing realistic zoning standards as a requirement which can only be varied by zoning variances or by PUD. 4. Standards should be realistic enough so that variances are rare rather than common. 5. Phasing and construction schedule again belongs in PUD where these things can he predicted and should not be a requirement for zoning. This Whole section on page 7 and 8 sounds like it is written to describe PUD. DRP/sr Yours truly, goni"L4e1/rX Donald R. Pe arson Dick Putnam Page 3 October 5, 1976 III. Preliminary Plat Procedures 1. This procedure is well outlined and is in my opinion not unreasonable. 2. I feel that park dedication fees are unreasonably high. This does not effect us in our PUD and really is to our benefit but it seems unreasonably high. A requirement of $3,000.00 per acre on 15 units per acre apartment land is ridiculous. This concept of park land cash donation is reasonable only to a certain point. When it exceeds $200.00 per single family unit and say $500.00 per acre on commercial and multiple land; I think it is unreasonable. Also the requirement of cash at . Council's discretion should be allowed only if the cash require- ment is reasonable. The concept of charging all newcomers to the community whether residential or commercial for all park acquisition cost is not fair. Let us existing residents pay our fair share and if the programs are too high in cost we'll let our elected representatives know about it. Lets not penalize the new people for what we want but are unwilling to pay for. These comments are made in a spirit of constructive suggestions and are not made to criticize your work. I welcome this opportunity and hope that my comments will help in making Eden Prairie more desirable. i > - _ _ • L L a 7101 l4pr-11-1 ritrinnnioral:s, rn:nnasota - 55435 • £6123 831 •• - ' RrCHerro FulNAN PRAIRIE VILLACE. HAt 0 • ., EcEN PRAIRIE.mIt1:.E..50TA 55343 OCTOBER 4, 1976 THAI-KS. DICK, FOR TIE: cuoy OF THE 1" EL. IN 1316A. I RI E Plc.; _ I NZS 1.1FDRTUNATF_LY , I WILL BE A t 4tNDING TI-E URBAN LAND INSTITUTE rEET1t EN CICTERr':..6 At,* WILL BE LNABLE TO ATTEND YOUR PUBLIC FEARING. I AM 10ST CONCa7"17.ED -cur T.t. 7:-'7'0.-`.7) It-!!!7.;,! POD SIZE Cr. 25 ACRES. I E.T.L. I EvE THIS IS CONTRARY TO CI.A7.72.zAT : 1 Z7 5!"..-LL r EF! LENT . THESL: EASILY 111ITIATEE., LESS .r.7 A L. 0 nrs FAR O.X2 LIKELY 'it) rasuLT IN A SUCCESS- FU., CO!.PL.ETED, IfrT00VEC EZ•tv I FE-T!T ENT ..-77./AF-T-LE, 1210 SUCCESSFLL TC.IF.FICUSE DEVEU:PhlaITS OF A SMALLER SCALE ARL Cr.f.',,,PNIEw IN EX0"0117-, Mit !..724R1.1_ IS WITH 5 ACRES AND 41 -OWES, AND BRIC.4-ITON SQUARE IN 1'.,:zt BRraiTI-LIA, WITH L..2 ..".C.1,75 ,•••to 60 YC•_1 1,"..rsT HAvE 4 t -.1- • 17!•,!' F" , ,• 1.17 T:S IT IS Cd.:R. FE2._ING THAT jJ OF C F. P'-A:_!:ING AND CESIGN WITH VARIATIOHS F125.."1 MOT: r."-1: Y: E 1AT P5A0010 EvEN A SINCTLE AC5.-E DZVELOPTENT COLt_D BE THE SITE OF I;''0'; T.- , :AVE TO 130TH SITE CCNSTRAINTS AND PETCRI_Tii S CUR F'..121.1T , WC: E 1 C, ; . 7Y ERE:4 ME ENTIRE /1 P . EERY , cr:srsILL PF:civIr:.:E I' ...E.," _ ,T . - _ Al1 -:-Zo ECEN PRAIRIE. A.A..213 • TO EUILD, L1' •-• !; ) A.7 I'VE At-.0 COr •.„.rarrSITHIN . . 7:17 7 7 • CIFEIt011".E.E3 • 1...nr-,C1 CiTZw...:!c10111,52E11". • -: ; PAGE m2 10/4/76 MR. RICHARD PUTNAM WE ARE ALSO CONCERNM WITH THE REQUIPEEENT THAT THE FEELIMINARE PLAT BE PREPARED BY A REGISTERED ENGINEER. IN THE ',T, !E N4VE ALWAYS CAEEIED OUR CONCFE3T, PRELIMINARY SEETCHES ALL THE WAY THROVE 1 TO IE ! ! • ST! IT CCLPA TEE FREE OS ED DItSIaS, GRADES, UTILITY INVERTS, ETC. THIS iiCD U iITH A rucH CEEATER VEASURE C CONTROL OVER INTEGRATED DESIGN THAE :MED PAVE e'aTI EOSSIBLE IF WE'D HAVE PEEN REOUIRED TO TUN OVER OUR SKETCHES TO AN ENGINaER PEE."!ATLEELY. THIS IS PARTICULARLY TRUE OF TOWNHOUSE AND MULTI-FAMILY HOUSING WHERE ARCHITECTUEE. L•IDSCAEE ARCHITECTURE AND ENGINEERING DESIGN MUST BE CAREFULLY BALANCED AND co,r3ws,-;. EEECIEEINE, A DESICN EECEESSION4L IS ADEQUATE. AN UNDERSTANDING OF THF 11-r: 0E5104 PS'OCESS, EVOLVING FROM GENERAL CONCEPTS TO GRADUALLY MORE SPECIFIC 5O IC- POINTE LP AN ADDITICMAL ISSUE, QUITE OFTEN, VERY DETAILED BUILDING ILLLISTRAT/ctis ArE REQUIR:D CFFC2F THE SITE, OUOCET AND MARKETING CONSTRAINTS ARE FULLY KNEEN. TEE REOU/REEENT EE t-7H-_-; DETAIL TOO SorN IS COSTLY, AND FROM OUT EXPERIENCE, DESTRUCTIVE To ma cATIvE DEEEECEE:EIEE=ENT PEOCESS. AN LNDERSTANDING OF -NIS ShELED I-0.P THE rs.1E OF THri COLY4CIL IN RECOGNIZING THE IFPACTS OF THEIR ACTICM CN THE PRACTICE .6M) ECt-t-D71Ic: o, Ti-a DESIGN PROCESS. KIND REGARDS. -,0 ROBERT ENGSTRX4 PRESIDENT approved Planning Commission Minutes Oct. 14, 1976 VII. PLANNER'S REPORT A. Land Development Procedures. The planner suggested the Planning Commission consider adopting a public hearing format, page 2 of Draft PUD Procedures, similar to the format presently used by the Council. Sorensen felt if too structured of a format is adopted, the commission might lose the part of the government process which is ,public relations. Commission members Lynch, Bearman.and Pauly felt the commission should investi- gate adoption of a public hearing format to control lengthy discourse that is not always germane . i I: - approved Planning Commission Minutes -5- Oct. 25, 1976 3. Setback Report by Carl Jullie, City Engineer The planner referred the commission to th e r e p o r t r e g a r d i n g s e t b a c k s t a n d a r d s which are a consensus of the setbacks used on lots less than 13,500 s q u a r e f e e t . Discussion -followed regarding-the -appropriateness of such a decision by the staff or commission. Motion Sc.bee moved, Lynch seconded, to forward a c o p y o f t h e m e m o t o t h e C o u n c i l a n d a s k tk_ council if they desire to have the Pl a n n i n g a n d Z o n i n g C o m m i s s i o n c o n s i d e r the subdivision standards suggested by t h e c i t y e n g i n e e r . T h e m o t i o n c a r r i e d 4 :0:1 ( Sorensen abstained ). 3;69 TD: Dick Putnam Wayne Sanders Dave Olson Roger Lasted FROM: Carl Jullie DATE: October 19, 1976 RE: Setbacks For the sake of uniformity, the following setbacks will be recommended in the case of a single family residential plat in a POD where setback variances are requested by the developer: 5' Garage to side lot line, 10' 1 and 1 31 story house to side lot line, 15' 2 story house to side lot line, 30' Front of building to front lot line, except 25' on cul-de-sacs. 20' Rear of house to rear lot line, 20' Side yard setback for houses built on corner lots, but not conflicting .with 30' setbacks on adjacent lots. 50' Minimum from any building line on MSA, County and State highways. Fireplaces and overhangs shall not be considered as setback encroachments. Accessory structures shall not be placed in the front yard and shall be 5' minimum from side and rear lot lines. For subdivisions without variances, the standart setbacks listed in Ord. #135 (copy attached) shall apply. '3 3 leld 74 lie, eel neepereateakt - 1 *rd. ISA kls 0.11 Arse ***nal width the rnYenteny .1•10ef 101 V1IT ••,1111•11...41,1••1 and 1.11.. roe b. lot len ete.h orar an • mho* or Inv. wev shall 40..1 at mosl IN loot depth II te*. an . no* ef 4 black 4 et. Yr** 44.0 1.e0t1144 MINNA * equal to **the leo O.* sttherl Ot Ha* or oak n Arti 14. 4.. Wed* endItne dif11,11 TOO 04•141 the larger ti the Iwo totutrentrois el Powys. walls. lye*. not ever 6 led le *lee rita• *may a* Ireed *rept ne hexer ts•ol I** et *thee obis*. Isevedond rol **f 11* or 11,111 pm.* e‘en to a *tent pse leas I bey dub kr *mot* where there will be tandem* *IA troll.- • pi...three 2 Too.," pares clothe*1 water lathy 211.1 *les *Me •rd tY ameanas. leamennostoo We., end eller ttrettures ant thereby* ma.turtocal epp,rteneer. eaten% etat fumy than IA'. al IN ;thane ereo maw be ereeted 44 Moe* Of ent Moine Pun ZS le14* on additerh lathe /*Benton hen ha *owned 24*4* 33 &penal ketsalrementh lemma lac lied Load...en Ito $em,* then mean el earth mounds. wells tenets et*** *re- deye% •• den. skrideents Metre 6 bet se *net 10411.er 1..1h •••••• 414 41401. 11401Y 11011 • bully. anp of al Pali IC bet on ...101 Hedge matenal must be at lean 3 feet in height, and byes mett be al least II lett oh hetiht at loVittnIt bt !enemas and tombraPere he erlaneeth. outtatalned II an orderly eon thbenby therneter Co SCreentne ondyttnal Mb& etethlte then be ereomp*Jed la 4 40e111 and depah eamesiere yoth the bee see *woe V 4 9 4 II 04 the etpea Veva* 00.4411.11 114 end do Paths* ansas Met erreertedate more Itelo 20 ears shall be krdsraced end pleat* so Ihr penmeler and Ow*** She Ica le the estanl GI at lea0 te• al the 11.talserthred al* Sad 14 Itemenemeal• - 226142 414 Landow 6* Serb* 41 CHI.Alreel Panora fanboes fuld IS eeelenathare thaadank •pplv tit all An.nrth Sutd 331 bee** Teethe* 0.1 attach bee*. ad the eaten al thee *prawn ere arevenpamed by ea threes el nese .braben. Matt. do. *sae. Way otesoatoe 44414 elan or nast44 shall not N. permit* Theo ....deal 14.19444 null be ranee.* as ' r•feSart!' IMO Ow/ MI./. :2 2 '01 2421149999 .922 ; X > -T!' > > > > > > > > > > 17 1%41 * "...St! 24 081 E;vb C13=2 2 2 414124140•assins “1 3 KM 2 .$1231:8 EPAR; A. fglv, 21=X. n ta 2 .0 2 2 .1)1 . 5e;Ok?. velvss7/1 ribibirM01,441 ez,lt,atvzL-atitetAz DbAYAYWY0/11/ 22222222242 212912‘1299•41e 22112112221422 2312 .12222414 '222 *feted or donate Iran+ IS **sin* IA on the falterethe *donnas* Webltha• bone at Pm*. htheth shall be onthound en any *ape.. 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IR 04,44414* 0404* lI,,e I* o•*• • and 111.0 all ' Pollee mea ote &sot.. I.lt1.1•••n • ee0441 Ityth tn ity• , er ever deoll be toe.* • Athlete en**. InAht.ne 1 1 ./40e t"•11.4 ,11 ( I. fetele aed *than me ,14 .0 •••qmred 01. 0*021 11 1... 111,114044*,4. ••• • 0, •. ke sale an deerroted leo*.ron. I, ,. dneletred be** Or seat ea awn Cammetrisi •111.• ae•Upied by w...4 , 0011 Pal renvotlyie a en..., • el rethre lett Man al IN. 1, Mae area ol Itt 0.9.111.0e 12ltelbel lon 11111 •1• 111 e 9114 111* .411 P• ,,,,, ••n •••• •.• *00 *II of le. •.0111* .• Mewl nelkt.A oh. *Oen a* repo.* that ...nab Sad 7 **nal - Ina* All us* and .111..1•10.voitu...1110,.•.• the ltor.al HI 2 J.,. 141,1; be . ...ottlan• .,• .therneeowth prrparit Ot a r.r..i11., 6.04 .0e buton.nr •••,••••••It (*se le.aserlv th.lt 1104411 ni 01104461141, 49 *ed. ett.tat G. 14 4144144 • 2 1 21.b44f myth 2 . berthas atypeys • the tufa..4 h.... then Y n 2JUL, (101-aal RUSSELL H. LARSON Chanhassen City Attorney TS RueisBX.T., XI.LARsoN ATTORNEY AT LAW 1900 FIRST NAT.ORAl •ANR RUII.CONG MINNEAPOLIS, MINNESOTA 85402 RUSSELL R. LARSON CRAIG M. HERTZ November 16, 1976 Mr. Carl J. Jullie, P.E. Eden Prairie City Engineer 8950 Eden Prairie Road Eden Prairie, Minnesota 5543 ARCA CODE . Z92 CCCCC NONE 336•9666 Re: Chanhassen Connection to DL-1 Sanitary Sewer DearMr. Jullie: With respect to the cost to Chanhassen to connect its East Lotus Lake sanitary sewer project to the Eden Prairie DL-1 trunk sewer, the City Council has authorized me to offer Eden Prairie $65,000 for permission to make this connection, said amount to be payable in equal annual installments of $4,333.00 for a period of fifteen years without interest on the unpaid principal balance, with the first installment to be paid December 10, 1976. As is the case with most suburban communities facing the fiscal . problems of providing municipal services, Chanhassen is compelled to carefully estimate and monitor its cash flow to meet the demands for these services as measured by actual and potential development. For this reason, Chanhassen has made this offer in a manner which amortizes this capital expenditure in an amount and over a period which we anticipate will not impair its cash flow position. We request that this matter be placed on the agenda for the Eden Prairie Council meeting on November 23, 1976, at which time Chanhassen representatives will be available to discuss this proposal. Please advise this office whether time will be granted Chanhassen on the November 23rd agenda. RHL:mep CC: Roger Ulstad, Eden Prairie City Manager Al Klingelhutz, Chanhassen Mayor Donald W. Ashworth, Chanhassen Administrator W. D. Schoell Phil Chenoweth Porm 21232A 58346 CITY O.: EDEN PRAIalE RESOLUTION No. 1213 BE IT RESOLVED that the City enter into an agreement with the State of Minnesota, Department cf Highways for the following purposes, to-wit: to provide or the City of Eden Prairie to construct, under a contract a4arded by the City and in accordance with State plans, specifications an1 special provisions dtsisnated as State frojects,No. 2744-25 and No. 2745-23 (T.11. 169=5), a four lane divided Trunk Nishway No. 169 roadway facility with turn lanes and channelized approaches between a point appronimatcly 0.34 of a mile southwest of Ring, Road and the south end of flridge 1;o. 9733 over interstate Trunk Rishday No. 494 within the corporate City limits; and in addition, to provide for payment by the State to the City of the State's cost shares of the trunk highway improvement portion of said city contract construction. Mhk•Alle..te. 12 IT FURTHER RESOLVED that the Mayor and 41erk be and they hereby are authorized to execute such agreement. (Cooperative Construction Agreement No. 58346) CERTIFICATION State of Minnesota County of Uennenin City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the COuncil of the City of Eden Trairie • at a duly authorized meeting thereof held on the day of 19 , as shown by the minutes of said meeting in my possession. City Clerk ROAD DEIGN MINNESOTA HIGHWAY DEPARTIZENT COOPERATIVE CONSTRUCTION AGREEMENT AGREEMENT NO. 58346 Agreement between The State of Minnesota Departn:ent of Hihways, and The Cilj of Prairie Re: State cost pa ,:ticiration construction by the City, under contract, upon, along and adjacent to a portion of T.H. 169 within the Corp. City limits S.P. 2744-25 (T.H. 169=5) S.P. 2745-23 (T.H. 169=5) (State Funds) AMOUNT ENCIL'.:, $1,207,7 26.8u EST. AN'T. RECEIVABT (None) THIS AC11=1E/IT made and entered into by and between the State of Minnesota, Department of Highways, hereinafter referred to as the "State" and the City of Eden Prairie, IIinnezeta, acting by and through itz City Couucil, hereinafter referred to as the "City". WITNESSETH: WHEREAS the State has prepared plans, specifications and special provisions for the reconstruction, to a four lane divided roadway facility with turn lanes and channelized approaches,. of Trunk Highway No. 169 between a point approximately 0.34 of a mile southwest of Ring Road and the south end of Bridge No. 9738 over Interstate Trunk Highway No. 494 within the corporate City limits. Said State plans, specifications and special provisions are designated State Projects No. 2744-25 and No. 2745-23 (T.H. 169=5); and WHEREAS it has been mutually agreed that the City will acquire, at its own cost, all rights of way, easements 'and any other rights and sanctions required in 5034 6 connection with the aforesaid Trunk, Highway No. 169 reconstruction and will le t a contract for the performance of said reconstruction, and that the State will participate in the costs of said city contract reconstruction of Trunk Highway No. 169 as hereinafter set forth; and WHEREAS Minnesota Statute 161.20 authorizes the Commissioner of Highways to make arrangcacnts with and cooperate with any governmental authority for the purpo s e s of conotructira, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTMICTIOW BY THE CITY Section A. Contract Award and Construction The City shall duly receive bids, award a contract to the lowest responsible bi d d e r , subject to concurrence in such award by the State, and cause the reconstruct i o n of the aforesaid portion of Trunk Highway No. 169 in accordance with the State ' e Don't and approved plans, specifications and special provisions therefor desig- nated as State Projects No. 2744-25 and No. 2745-23 (T.H. 169=5). Said State plans, specifications and special provisions which are on file in the office o f the City Engineer at Eden Prairie, Minnesota, and in the office of the Commis s i o n e r of Highways at St. Paul, Minnesota, are made a part hereof by reference with t h e same force and effect as though fully set forth herein. Section B. Eirhta of Way, Easements, Construction Permits and Drainage Outlet Ririttn The City shall, without cost or expense to the State, obtain all rights of w a y , easements, construction permits, drainage outlet rights and/or any other perm i t s and cane -tic= that may be required in connection with the said city contract con- struction performed outside of the trunk highway rights of way and city stre e t s , -2- 1 58346 and nholl promptly furnish the State with certified copies of such rights of way, eaeeoentn, conotruction permits, drainage outlet rights and/Or other permits and sanctions. It in hereby understood and agreed that the State shall not make payment of any monieo to the City hereunder unless and until the State has cer- tified, in the form of a "RIGHT OF WAY CERTIFICATE", that all necessary rights of way hove been acquired for the said City contract construction of State Pro- ject o No. 2744-25 and ro. 2745-23 (T.H. No. l69=5). Section C. Documents to be Furnished to the State The City shall, within 7 days of the opening of bids for said city contract con- struction, promptly submit to the Director of Design and Right of Way Division of the Department of highways a certified copy of the low bid received and an abstract of all bids received together with the City's request for concurrence by the State in the proposed award of a construction contract. The City shall not cake the aforesaid construction contract award until the State advises the City in writing of its concurrence therein. Section P. Cancellation of Agreement Each party to this agreement reserves the right to withdraw from and cancel this agreement within 20 days from the opening of bids contemplated in Section A. above in the event either or both parties consider any or all bids unsatisfactory; the withdrawal from or cancellation of the agreement to be accomplished by either or both partici; within 20 dayo of opening of bids by serving a written notice thereof upon the other. Section E. Direction, Supervision and Insnection of Construction The city contract construction work contemplated herein shall be under the direction of the City, and shall be under the supervision of a registered professional engineer. - 58346 However, the State cost participation construction to be performed under said City e'oratract shall be open to inspection by the District Engineer of the Minnesota Department of Highways at Golden Valley or his duly authorized representatives and must be approved by said District Engineer as satisfactory before any payment is made by the State therefor. In addition, the City shall give the said District Engineer five days prior notice of its intention to start the work to be performed under said city contract. Section F. Completion of Construction The City shall cause the said city contract constructicl :1:o be started and completed in accordance with the time schedule set forth in the special provisions. The com- pletion period for said city contract construction may be extended by an exchange of letters between the City Clerk or City Engineer and the District Engineer of the De- partment of Highways at Golden Valley for unavoidable delays encountered by the City in the performance thereof. Section G. Plan Charpw and Extra Work (Item 1.) No change in the plans for said city contract State cost participation construction to be performed hereunder shall be Made unless such change or changes in plans shall first be concurred in and consented to by the District Engineer of the Minnesota Department Of Highways at Golden Valley. (Item 2.) The State shall not participate in the cost of extra work performed in accordance with State approved changes in plans unless the necessary State funds have been requisitioned prior to the performance of such extra work. -4- . 58346 (Item 3.) All "Change Orders" and/or "Supplemental Agreements" entered into by the City and its contractor for State cost participation construction work to be Per- formed herounacr shall be submitted by the City to the aforesaid District Engineer at Golden Valley or his authorized representative for written endorsement prior to the perfeamance of any work provided for in ouch a change order or supplemental agreement. Section F. Co.2pliance with Taws, Ordinances and Regulations It is understood and agreed that the City shall, in connection with the award of a construction contract for the work set forth herein and the administration and per- formance of said work, itself comply and cause its contractor to comply with all Federal, State and local laws together with all ordinances and regulations applicabl ,:, to said contract award and the work to be performed thereunder. AETIC72 II - BASIS OP PAT BY THE STAT2 Section A. Construction Coots Upon the satisfactory completion, in accordance with Article I hereof, of the said reconstruction of that portion of Trunk Highway No. 169 from Engineer Station 352+22.04 ( a point approximately 0.34 of a mile southwest of Bing Road)to Engineer Station 412+06.30 (at the south end of Bridge No. 9738 over Interstate Trunk Highway No. 494) performed under said city contract and in accordance With State plans, specificatiel.n and special provisions therefor designated as State Projects No. 2744-25 and No. 2745 -23 (T.H. 169=5), the ptate Shall pay to the City the percentages set forth below under STATE OCIGT PARTICIPATION CONSTRUCTION of the costs of the construction described thereunder as the State's fUll and complete share of the costs thereof. EXcept as hereinafter set forth, said payment by the State hereunder of construction work item costs hn11 be based on the final quantities of State cost participation -5- 58346 construction work items performed multiplied by the appropriate unit prices con- tained in the construction contract to be awarded by the city in accordance with Article I hereof. EXCEPTION: The State's cost participation in the city contract items designated Item No. 2105.501 "Comalon Excavation", Item No. 2105.507 "Subgradc Excavation", Item No. 2501.501 "Culvert Excavation, Class U" and Item No. 2575.501 "Roadside Seeding" and marked in said State plans with the symbol (P) for plans quantity . shall be based on the final payment quantities multiplied by the appropriate city contract unit prices. EXCEPTION: The State's cost participation in the city contract item designated Item No. 104.613 "Haalsalvagedlatterial" shall be based on the prorate percentages, set forth under the listings marked "100% STATE" in the preliminary construction cost estimate elid division of costs form attached hereto, made a part hereof and designated as "Schedule rf of the city contract lump sum unit price for said "BaulSalvagedMaterial" item. Said attached "Schedule I" sets forth all of the State cost participation items as listed in the plans and also shows, on the last page of said form, the method and computation of the aforesaid prorate percentage sharee of the "HaU1Salvagedllaterial" item. It is hereby understood and agreed that any and all liquidated damages assessed the Cityte contractor in connection with the work performed under said city contmet shall inure to the City. —6— - 58346 STATE COST PARTICIPATION CONSTRUCTION S.P. 2744-25 100 M-T.T7T State coat participation in the following construction work performed under State Project No. 2744-25 (T.R. 169.5): All clearing and grubbing; All removals of pipe culverts, concrete pavement, trench pavement, manholes and catch basins; All calvage of pipe culvert; Salvage of inplacc storm sewer casting located 30 feet right of Engineer Sta- tion (T.H. 169 N.B.) 377+58; Prorate 8.53 percent of "ibm1Salvagednaterial" item; All common and subgrade excavation; All granular an common borrcw; All of the aggregate surfacing, Class 1 to be placed upon and along the South Eden Road; All sawing of concrete pavement; All of the bituminous surfacing consisting of binder course, leveling course, base course, patching, tack coat and wearing course; All culvert excavation, Class U; All pipe culverts and aprons; All R.C. pipe sewer except the 48-inch R.C. Pipe Sewer, Class III which shall be 100 percent City cost; All catch basins, Design A or P and Design C or G; Reconstruct inplace Yanhole "A" located 38 feet right of Engineer Station (T.R. 169 N.B.) 366+50 and inplace Manhole "P" located 30 feet right of Engineer Station .(T.H. 169 N.B.) 377+58; -7- 58346 All cantin;; asomblicc; • aunt frame and ring castings; All 4-inch concrete walls; All concihte curb, Design BG and Benign 86 Special; All commie redian; All concrete handholeo, Type C cover and Type LB cover; All 2-inch and 3-inch rigid metallic conduit; All occdin,-,, nodding and associated items consisting of mulch, fertilizer, mowing and weed spraying. 60 FilliCEKT State cost participation in the following construction work performed under State Project No. 2744-25 (T.H. 169=5): All of the aggregate surfacing, Class 1 to be placed upon the entrance left of Engineer Station (T.H. 169 L°11 S.B.) 358+35; All concrete curb and gutter, Design 8624. • S.P. 2745-23 100 PERCIZT State cost participation in the following construction work performed under State Project No. 2745-23 (T.H. 169=5): All clearing and grubbing; All removals of pipe culverts, curb and gutter, curb, pipe sewers, manholes and catch basins; All removal of concrete pavement except that removed upon and along 78th Street easterly of Engineer StationsW.B. 11+67,B.B. 11+58 which shall be 100 percent City cost; All salvage of pipe sewer, pip' culvert and guard rail-plate beam; -8- -2A't I 58 346 Salvar:e of 4 inplace storm sewer castings located 65 feet right of Engineer • Station (T.H. 169 N.B.) 394+49, 26 feet right of Engineer Station (T.H. lt9 N.B.) 397+57, 11.5 feet right of Engineer Station (T.H. 169 .S.B.) 397455 an 9 feet right of Engineer Station (T.H. 169 N.B.) 409+68; Procata 53.24 percent of "Haul SalvagedKaterial" item; All of the com:,n cxcav: tioa, subgradc excavation, granular borrow and bituminous surfacing consisting of binder course, base course, tack coat and wearing . course except for the performance of the aforesaid items upon all of the Trunk Edellway No. 169 entrances and the two 78th Street entrances, right of E.B. Lngincer Station 11+09 and left of W.1). Engineer Station 11+04.5 which shall be 60 percent State cost and 40 percent City cost, and except for the performance of the aforesaid items upon and along 78th Street custerly of EngineerStationsLB. 11+67 . and E.B. 11+58 which shall be 100 percent City cost; All of the connon borrcw; All of the aggregate sJIrfacing, Class 1 to be placed upon and along the North Eden Road; All bituminous patching and placement of leveling course; All sawing of bituminous pavement surface; All culvert excavation, Class U; 1.11 pipe culverts and aprons; Al]. B.C. pipe sewer; All manholes, Design A or F, catch basins, Design A or F and Design C or G; All casting assotiblies; -9- 58346 All 4-inch concrete walk except for the performance thereof in connection with the constructicni of a traffic island right of Trunk Highway No. 169 N.B. Eng:neer Station 394+23 which shall be 60 percent State coat and 40 per- cent City cost; All of the concrete onrb and gutter, Design L624 performed in connection with the construction of median and traffic islands at the 78th-Street approach to Trunk Highway No. 169; All concrete curb, Dsign B10 and Design B6; All concrete handholcn, Type C Cover and Typo LD Cover; All 3-inch rigid metallic conduit; All installation of traffic barriers Design 8319 and Design B0307; All installation of anchorage asnemblies All roadside seeding, application of mulch, roadside mowing and weed spraying; All Loading and application of fnrtilizer except for thnt performed in connection with the conntruction of the portion of 78th Street easterly of Engineer Stations W.E. :7t.i67 and E.B. 11+50. 60 PERCT-,T State cost participation in the following construction work performed under State Project No. 2745-23 (T.H. 169=5): All of the connon excavation, subgrade excavation, granular borrow and bituminous surfacing consisting of binder course, base course, tack coat and wearing courne to .he performed upon all of the Trunk Highway No. 169 entrances and the two 78th Street entrances, right of E.B. Engineer Station 11409 and left W.B. Engineer Station 11+04.5; All of 4-inch concrete walk to be performed in connection with the construction of a traffic ivlaild right of Trunk Highway No. 169 N.B. Engineer Sta- tion 394+23; —10- 58346 All concreto curb and gutter, Tesign 13624 to be performed a l o n g t h e e a s t e r l y and westerly sides of Trunk Highway No. 169, along the n o r t h e r l y a n d southerly sides of 78th Street westerly of Engineer Stat i o n s W . B . 1 1 4 6 7 and E.R. 11i50, and ih connection with the construction of a traffic inland right of Truel: Highway No. 169 N.B. Engineer Sta t i o n 3 9 4 + 2 3 . . Section r. Prorated Censtreetion. Costs In additiod, said payment by the State shall include the S t a t e ' s p r o r a t e d s h a r e s of the cost of Tics No. 2021.501 "Mobilization" and Item N o . 2 0 5 1 . 5 0 1 " M a i n - tenance sod Restoration of Maul Roads" as set forth f, ' S c h e d u l e I " . T h e a f o r e - said items are considered construction items but are not i n c l u d e d i n t h e a b o v e described State cost participation construction. Such ad d i t i o n a l p a y m e n t r e p r e - sents the State's proportionate share of the mobilizatio n a n d t h e m a i n t e n a n c e a n d restoration of haul roads costs incurred by the State in c o n n e c t i o n w i t h t h e a f o r e - said Slate's cost participation construction. Section C. Constructi, Engineering Costs Said payment by the State shall also include an amount equ a l t o 8 p e r c e n t o f t h e amount computed as the State's share of the aforesaid cons t r u c t i o n c o s t s , a s t h e State's proportionate share of construction engineering c o s t s i n c u r r e d b y t h e C i t y in connection with said State cost participation construc t i o n . Sectien b. Prorated Construction Engineering Costs In addition, said payment .by the State shall include the State's prorated cost sha r e s of the costs of Item No. 2031.501 "Field Office, Type D" a n d I t e m N o . 2 0 3 1 . 5 0 3 "Field )aboratory, Type D" as set forth in said attached " S c h e d u l e I " . T h e F i e l d Office and Field Laboratory items are considered engineer i n g i t e m s b u t a r e n o t included in the aforecaid 8 percent share of constructio n e n g i n e e r i n g c o s t s a s s e t forth in Section C. above. 58346 /JT1Ci JTj n1 (n A. of tate Cont Sharr It is e. atcd, for accountirz purposes, that the payment by the State of its shnre of the eoct of comAruction work to be performed by the City hereunder which includea the Str;t2':3 share of the prorated items "Mobilization", "Maintenance and Restonation", Office" end "Field Laboratory" plus the 8 percent construction engineering cost nh?re, is the sum Of $1,207,726.80 Ps shown in the said attached "SeheOule U. In the event it appears at any time that the amount to be paid by the State to the City hereunder is about to exceed the said sum of $1,207,726.80 or a revired amount bro a d on contract unit prices because of increases in the estimated quantitico of construction work items, the City shall promptly notify the said District Engineer of the Minnesota Department of Highways at Golden Valley thereof in or d er that the State ray encumber such additional funds as may be deemed 8 ,ecticr. hsaerc-iuc rq nun eioc by the City The City shall keep Such records and accounts as shall enable the City upon invoicing the State for a partial and/or final payment in accordance with Sections C. and D. of this artiele to provide the State with the following: (1) A formal invoice - one original typed copy stating the exact amount being in- voiced and bearing the- original signature of an authorized City official, and accompanied by four reproduced copies of the original invoice; (2) A detailed hr Liog of the invoiced State coot participation contract construc- tion work items, the quantities of those items performed, and the appropriate con- tract unit prices for the raid invoiced construction work items. Said detailed —32- 58346 listing r.11111 be submitted in quintuplicate and contain thereon a certification by a re:.011:,illu City officil to the effect that all of the work represented in said Invoice has been perfomel in accordance with the provisions of this agreement and paid for by the City. One copy of said listing with certification thereon shall bear the original signature of the certifying City official; (3) Documentilion establishing that the City has made payment to its contractor for the cost itcti,s represented in said invoice to the State. Such docuentation may consist of copies of invoices to the City approved for payment and bearing a warrant or Check number plus a copy of both sides of the endorsed and canceled warrant or check; and/or copies of vouchers attesting to the expenditure or receipt of funds for payment of the invoices to the City plus a copy of both sides of the endorsed or canceled payment warrant or check. It is understood that the City shall produce its records and accounts in connection with this agreement for examination if so requested by duly authorized representa- tives of the State. Secticn C. Partial Payents by the State Upon request of the City, a separate invoice request in accordance with Section B. above shall be required for each partial payment, the State will make partial pav. mcnts to the City for construction work performed under said city contract at such times as 25 peicent, 50 peftent and 75 percent or more of the total estimated value of the city contract construction work, based on the total amount of the city con- tractor's bid, has been paid for by the City. Each .such partial payment shall be an amount equal to 90 percent of the State's cost participation share of the city contract work performed and paid for by the City plus an 8 percent construction engineering cost share minus the total amount or any previous partial payment made by the State to the City hereunder. . -13- 58346 In th' 5VCflttht the Stat coot participation work under this agreement mu s t b e curi.iC,,d at U end of the construction season until the following spring, the Stat viii, upon request from the City, make a paetial payment to the City of t h e SWe's cost share of work performed and not paid for under a previous partial payment if the valve of the State's cost share thereof plus the 8 percent cons t r u c - tion wuincorin coot share is at least equal to 25 percent of the State's tot a l estiL n ated coot rhare of $1,207,726.80. Said partial payment shall be an amount equal to 90 percent of the State's cost participation share of all work perfor m ,h1 and paid for by the City plus an 8 percent construction engineering cost shar e minun the total amount of any previous partial payment made by the State to t h e City hereunder. Such request by the City for partial payment shall be made i n accordance with the procedure set forth in Section B. above. The retained 10 percent of the State cost share of completed work and constr u c t i o n enginecring upon which either or both of the aforesaid partial payments in hnsc d will ba withheld until all of the State coot participation city contract constr u c - tion work has been satisfactorily completed and accepted by the State and the C i t y submits an invoice for final Payment. Section D. Final Payment by the State Final payment by the State to the City hereunder in accordance with Article II hereof of the State's total cost participation amount less tne total amount o f any end all partial paymerits made by the State pursuant to Section C. above shal l be made upon the ervietafactory completion of all of the city contract constru c t i o n work, acceptance thereof by the State and invoicing of the State by the City in accordance with the procedures set forth in Section B. above. -14- 58346 F.! 'J .:: •!n Al 'ti on A,_ (ltul 1.) 1 ,1 contJidc!jr ,n of tho State's cost participation in the construction of the ofern,aid stom scwor facilities under State Projec t s V o . 2744-25 and No. 2745_23 (T.1:. 169_5) J, accordance with State clans, specifications and special provisionn, the City n 6 to thorcafter properly maintain said storm sewer facilities without cps or e::i.enuo to the State. (Item 2.) It is also nniorstood that neither party to th i s a g r e e m e n t s h a l l d r a i n any additional areas in the storm sower facilities constr u c t e d u n d e r s a i d C i t y contract that a:cc not included in the draina g e areas for which said storm sewer facilities were designed without first obtaining permissi o n t o d o s o f r o m t h e o t h e r party. (Ita %.) Tho Oity shall, upon completion of said city c o n t r a c t c o n s t r u c t i o n , Thereafter properly mnintain the portions of 75th Street a n d N o r t h a n d S o u t h E d e n Roads constructed under said city contract without cost o r e x p e n s e t o t h e S t a t e . Section B. Claims (Item 1.) The city indcmnifies, saves and holds harmless t h e S t a t e a n d a l l o f i t s agents and employees of and from any and all claims, deman d s , a c t i o n s o r c a u s e s o f action of whatsoever nature or character arising out of or b y r e a s o n o f t h e c i t y contract construction,. associated construction engineerin g a n d m a i n t e n a n c e w o r k and services by the City hereunder, and furthsr agrees to d e f e n d a t i t s o w n s o l e cost and expense any action or proceeding colTnenced for t h e p u r p o s e o f a s s e r t i n g any claim of whatcever character arising as a result of said city contract con- struction,associated construction engineering and mainten a n c e w o r k a n d s e r v i c e s by the City hereunder. -15- 5034G (Jtem 2.) It is hereby unlerstood and agreed that any and all employees of the City and ell oti)er pereone o-ployed by the City in the performance of any eon-. stra6tiou, cometrection en;;Incering and/or maintenance work or cervices required or provided for hereunder by the City ehall not be considered employees of the State and that any and all clums that may or might arise under the Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and an,y and all claims Made by any third parties as a consequence of any act or omiesion on the part of said City employees while so engaged on any of the construction, construction engineering and/or maintenance work or services to be rendered herein by the City shall in no way be the obligation or responsibility of the State. Section C. Nondiecrimination The provisions of lanneeota Statute 181.59 and of any applicable ordinance relating to civil rights end discrimination shall be considered part of this agreempnt as if fully set forth herein. Section D. Anproval More this agreement shall becane binding and effective, it shall be approved by resolution of the City Council of the City and shall also receive the approval of such State office= as the law may provide in addition to the Commissioner of Highways or his authorisedrepresentative. -16- Sea) BY 58346 tnnOF the parties have duly executed this agreement by their duly ( authorized ofaccrs and caused their respective seals to be hereunto affixed. (City By City Clerk Date DEPAETTrM OP FITMAYS STATE OF LIINEMOTA Recommended for approval: / BY Deputy Cormnissiener of Highweys APtieg rgineer Date (Date of Agreement) By Approved: District Engineer Department of Aaministration By BY Director - Design and Right of Way Division (Authorized Signature) Date Approved as to form and execution: -17- STATE OF,..1ESOTA DEPAR=I;T' AGREEXEs:7 NO. 5;A56 "Z=2CLE I" S.F. Nos. 2744-25 (T.H. 169=5). 2745-23 (T.H. 169=5). State Fur.,-; City of Edon Prairie Dote: Auouct "=;'). Preliminary Construction Cost Estimate and Eivsion of Costs 2etwoon the Stnte ani the City FRCjECT LOCATIONS: On T.H. 169 from a point 0.3+ miles scuthwoUt of Ring Road to the south end cf Eo:.Co? :ro. 97•8 7.m. “34 in Eden Trairie TYPE OF CONSTRUCT:ON: Grodinc, Bituminous surfacing, Ohanneliz,tion 0 Storm Sewer DIVISION OF PARTICIPAT1C;N: 1f.C.L Stote = All of the constractioa work item costs on the pro;ects ex,::e7t there licted - City . All of the 1-.:24 Curb F_4 Gutter on tc!e cceta e7.777, th:It porion o% on the 16) uhich in ur,:d ftr 71c:11-n cfn7trotion the portion on 78th St. frca Enzicer's Sta. (W.E. 11-,67) (N.D. 11+58) to the 2,..St sad all of the entrance construction work item costs on the projects including the island rt. of T.H. 169 Engineer's Sta. 394+23. 100 = All of the construction work item costs on 78th St. from Zn,,-;inecr's Sta. (W.S. 11+67) (N.B. 11+53) to the cost: phlo the :_,.tone ret7inin.7 w-111 ca ,.;he W2.7.1_ side of free 1-nineer's Sta. 383+39 to St.'.. 385,-64 pluz all of the municipally cwne.i utilities on the projects. SUX.:-:ARY STATE PORTION CITY PORTION 100% 6c% 407, S.P. 2744-25 S.F. 2745-23 Subtotals sn1,806.46 425,735.54 S1,037,542.00 S12,538.24 17,986.66 $30,524.90 516,155.39 45,951.28 $62,108.67 ;8,358.83 11,991.10 $20,39.93 Subtotals Mobilization (4.345848%) $1,068,066.93 46,416.5,3 S82,L56.60 3,583.44 Subtotals Plus 8% Engineering *Field Office, Type D (0.199913%) • *Field Laboratory, Type D (0.166594%) Graud Totals - State & City S1,114,483.46 89,155.61 1,856.66 $1,207,726.80 $86,040.04 172.00 143.34 586,355.38 • Not Subject to 8% Engineering Lunp Acre Tree Acre Tree Lin. Ft. Sq.Y1. Sqad. Each Lin-rt. Each Each Each Lunp sum cu.Ye. (P) 0o.Yd. Cu.YO. Ton Ton Ton To Tom Coll:. Ton Ton (P) Cu.Yd. Lie.Lin.F Each )1..220.00 ..;00.00 0.4 05.00 66 900.00 0.4 45.00 6: 373 3.90 5164 15.00 123 110.00 1 3.50 34 190.00 52.00 105.00 340.00 8.53% 2.00 13.494 2.20 36,091 3.52 24,890 2.44 L„.10 232 29.82% 5 1.50 406 70.00 874 9.17 2,093 9.1? 478 9.17 16,500 37.50 69 0.42 5,236 70.00 107 16.37 1,333 5.75 5.50 30 9.05 44 16.05 78 32.30 4 912 556 :72M V2. 2'2' :73' 2124.521 2124.375 2124.5;9 322 21C4.f2-1 - 2-C3.501 2":',5-527 2125.51 301.6'2 2331.5-,4 2331.5'0 2334.512 2331.514 2331.518 2357.5)2 2561.5:14 2'61.508 411.608 2501.501 2501.511 2501.:41 2501.515 Unit Unit Pr:ce 10C% State 'hork item S.P. 2744-25 Miii:•enince and Restoration of haul Roads 9rithin.g Cle,ring 2e.e Pipe Culverts Reno,n Concrete Pavement Eenove Trench Pavenent .:ecove or Catch nasine LL:, C,Ivert ,e 5,1vare 'r'co end Valve Soul Lalv,c.e! Material Cennon :x,nv,iion Sut,,rede Ex:ovation Gron..lar -.lorrod ;CV) (L';) AF,7c7,te Sirficinr. Placed,01ass 1 Sawinn, Concrete Rovenent Situninoun Material for Mixture 0curre Mixture Levelinr Source Mixture BAse Courne !.ixtPre Bitunineus MiYture for Patching Bitunincur Maierill for Tack Coat Asphalt Conant Wearing Course Mixture Stone Retaining 'dell Culvert Ercavition,Class U 12" C.S. Pipe Culvert 24" R.C. Pipe Culvert 12" C.M. Pipe Aprons (P) . Plan Quantities 2itv SCCC, 52.00 72.co 29.02 26.9E8.00 72,'82.00 61,1E0.00 4,383.26 151,30:.00 ?.!'7.50 23.00 165.00 1,251.90 129.20 5.244.00 1007, State 120:; Cite Ctv ,tate Stoic :it, Cite 2 1 1,242 173 125 89 90 35 ..„ /-) 4,3E,3.50 e"'n 25:;1.:15 ". 21 2901.; 37 25 05 . ;P7 2,-4 25c.L.72. 2531.'--S1 2531.702 2531.502 2531.:03 565.632 565.832 565.635 Work :ten Unit S.P. 2744.23 15" .L.7.rona 7)4" P.:. Pin,. Anrcno L7' B.C. Pioa ,!rrirro, R.C. i5" 2.:. Pi7a Co,,r 15" P.C. :iro 2e,er, Class III 18" P.O. lino Co,,er 4.7:" R.:. Irina r.rrer 4:"7 P.C. Pine Class III 5" Water - Iron F" Water Y-%17 n 01rtfle l'ron 16" Water ;:rin - C-Ictile Iron 1" Co:.Ter •.:rer Fire ..tar Valve ani Box iro" Water Vrl,e ,,n2 Box in'-tall Bydrenn Install Ci:nt. Box Ad,fust Valve Bix Disocn,rert :7_7:er Service Connection CenatnIct 3nains, Design A or I' Constr,v_!t Cote: Zesign C or rrnnoleo Cnotin7 Ansertlies :nniell Castin,,s AO:;ust 2in, Castings 4" Concrete Concrete Curb 4 Gutter Design B 624 Concrete Curb, Des ical 36 Concrete Curb, Design 36 Special Concrete !!edien Concrete RanOnole (.:no C Cover) Concrete Hlniiole (Type SD Cover)' 2" Rigid Metallic Conduit Price Eoch Each 15,3.60 Loch Lin.Ft. '77.70 Lin.Ft. Lin.Ft. Lin.Ft. 14.90 Lin.Ft. Lin.Ft. Lin.Ft. Lln.Fi. 1.00 Lin. Ft. 26.30 Lin.Ft. !:.00 Anse-1l1 24,00 Aosenbly Bain Lach 1 1 1 Box Conn. Lin.Ft. Lin.Ft. Lin.rt. Each Lath E-ch So.Pt. Li,, .Ft. Li,,. 1't Lin.Ft. Sq.Yd. Enndhole Hanhole Lin.Ft. 13 .20 7.00 55 7:.00 75 12.4 179.00 30 93.00 4 2.91 16,978 r'.20 3.50 3,248 .55 2.418 9 200.00 8 303.00 14 5.00 1,801 7 0.8 4,345.00 5,925120 1,215.20 5.3",0.00 72.-0 55.7.0 4,970 348,00 15,44B,i6 11,368,00 11,031.90 1,4,• n) 4,220.00 9,005.00 20,874.00 S 7.00 49.00 1.7=8 0.79 165.CO 27).'7,0 6.00 5.00 :.00 643 3.5 175 /0,779 7 1 5.8 2.3 5 de. :7:21 WOrl: :tel Unit UnIt 5s3hs • 3" Rigid Y.,tnllic Ctuniuit Rcad5tdc f- ::-•terial, Type 7 € 1 0,-,f,rci,1 Fe,-tilizer, Analysis 10-20-20 Now'.n7, SprPying • W,cd Srrny Lin.Ft. (P) Acre 541.Yd. Tcn Ton Acre • Acre Pound F:nn Totals S611.605.,,6 500.S97.C7 5%5,155.7, 1007; State 5611.806.46 60); Stet. S12,538.24.- 40% City 0,558.83 inm% City 16,155.39 Work :tem S.?. :-7ointenance rad Reotoration of Haul Roads Clearin Grob'tint Sewers - Re7Q,e Ctntrote Pavement Pamove ger:-.11es and Catch Basins Culva.7e Colvnce Cu1vert Scivue c.il-Plate Beam Sal-m,e liv,_!ront Bal"a7.. Cas1in;s Salv4.-a Curl- Box and Valve Salvomei r.aterial Cc-,on Sxocvation l'.xcavotion Granular :orro., (CV) Ccmmcn Porno, (LV) A4/7rer-ate Surf:lc-ins Placed, Class I Bittoincus ::,terial for Mixture Binder Course gixture LeVIlingCcwzeo nxture Course '_,fture Bituminous ::ixture for ?etching 3x.qn7 Bituminous Pavement Surface Bituminous gterial for Tack Coat Aspalt Comer.t WenmirE., Courte Mixtore Cul7ert Ex,:o7Iti:1%,Class U 24" F..C. Fi:e Culvert 24." R.C. Pipe Apran Unit Unit Lam BUT tl,C.93000 Tree 45.00 Tree 45.00 2.)5 Lin.7t. Lin.Ft. 3.50 156 3.90 4,363 Eaoll 110.00 5 Lin.Ft. 4.20 12 Lin.Ft. 340 2:0 ilin.Ft. 1.20 125 Each 190.00 Each 52.00 4 Each 10:.00 Lump Sum 300.00 53.21-% (P) Cu.2. 2.00 10,535 (P) Cu.lw. 0.20 23,536 Cuad. 3.2 20,873 Cu.Yd. 2.44 547 Cu.Yd. 4.43 375 Ton 70.00 549 Ton 9.17 1,347 Ton 9.17 Ton 9.17 10.3F6 Tort 37.50 o; • , Lin.Ft. 1.15 Gallon 0.42 Ten 70.00 Ton 16.37 (P) Cn.Yd. 5.52 Lin.Ft. Elcn n3.60 212 ;4.:1 21C-./7,1 • Z12..523 IC-... '3 210:7.7 2331.' 5. 2331.-_10 2331.12 2.731.f14 233t.!13 331.613 2357.302 2361.5:7,4 2341.5-.)8 2501.501 257;1.311 2501.:15 15 8? 2,553 3.341 68.8 861 12 44 2 C:tv 99.5 3,,750.3o 55'2.20 2 3 22,8.00 5 8.41% '54.02 317 629 21,072.10 632.00 1,076 2.7-- 47,001.5 2,157.5,5 964 2,308 73,-35.' 5130I.25 9,2:-..9!: 1,'725.-o 20 37 38,470.00 1,401.0) 2.-90.03 55 112 12,:51.99 530.:3 1,227.0- F..?-' 3e3 630 S',.-f. ..=: 3.5'2.11 6,333.6:: :-.7.,,- 2,935.95 122 234 1,403.22 51.24 98.28 2.4 4.8 4,815.00 168.00 336.00 30 60 14,o30.:7 491.10 582.20 (4.30 3")7.=0 (9) = Plan quantitiea ICS% State Work 'ton 77'5-2.3 Unit Unit Rrita' '.7" B.C. T.ira '5- P.C. Pira ?ite Z,,er 21" 7!.te 24" p.c. Se,er 5" - D,ctile IroA :ron 1" Co:.7,or W•ter 5.7e 5ox Hydr,nt Inntn:11 C.r 0ox ".:,drant • t Service Connection dcnbtr,ct De,..ign A or F Construct ins Design A or F Cora:tr.:et Catch 5aains Design C or 9 .Re:enstrnct Pc----.ract Catch Basins C,stinF Atsenblies lnstall D,stin7.7 • Concrete .@!...k Concrete Curb and Gutter, Design 8624 CcII:11•! Clrb, :)^Lign 910 Concrete Curb, Denign B6 Concrete Hanihcle :Tyne C Cover) Concrete Eanincle (Tyre LD Cover) 3" Rigid !:eta.:lic Conduit Install Traffic Barrier, Design 8319 Install Traffic Barrier, Design B8307 Lin.R.t. r1;".170 Lin. Fe. 1.5.90 Lin.Et. Lln.Ft. 7(,T) Lin. Ft. Asne-ttaly Each Each Each 21D.00 70.00 Cenn. Co Lin. Ft. Lin.Pt. Lin.Ft. Lin.E.. Lin.Ft. 1'5.00 Each 171).a) 53.c;0 Sq.Et. 0.91 Lin.Ft. &.20 Lin.Ft. 9.00 Hane_hcle 230.00 Vandhole 5,0.0D Lin-it. 7.00 Lin.Ft. 5.25 Lin.Ft. 2'aD.,."•11 3' 25:6.11 257,5..716 253.1.01 2931.:::07 565.632 565.632 565.'335 2554.511 2554.5.11 14-) 204 6 54 59 23 11,654 941 3,105 10 6 737 25 100 270 4,143 75 237 Lc 4 3 11 2 2.9 1.4 2 523 -3.S57•.s 474.06 4.266.0C 4,661.00 4,117.0 10,605.11, S245.70 2,272.20 17,409.00 270.00 2,0:2.00 1,EC").00 5.15;..CD 131.25 490.00 • 2,196.42 587, APPRCXIMA7E Unit Unit 100% Ettte lOn Pattc Stcce 3t-tc Work lie, S.?. P74C-7- :rct,11 AssemItlics 2777.5D1 Soe 5 f;5 • 2Y,7:.Y1 M-11c:1 :.!aterial, Type 7 iertii1;,er, Analysis 10-20411 W,c! Li::ture Etch (P) Acre Pond Sn.Yd. Ton Ten Acct. Atre Uonnd 3 ?.8 0.71 8,457 5.6 IQ 0.77 („TO 4.7 5.,20 1.9 4 S 793 0.03 Total $425,735.54 529,977.6 3,"5,951.2;:, (P) = Plan quantities 100% State 3,,25,735.54 60% State $ 17,9'36.66 0% City 411,991.10 100% City 45,951.28 58346 Work Item Unit Unit Price Prorata percentnge computation for item 1f74.613 Hlul Lump Sum S540..00 S.P. 2744-25 Stnte Portion 5=9.00* s :040.00 x 100 = City Portion 3101.40' .4._ 3340.00 x 100 = 29.82% S.P. 2745-23 State Portion 5131.00 i. 340.00 x 100 = 53.24% City Portion S23.60* s S340.00 x 100 8.41% • Cost amotints determined are based on plans quantities and estimated unit prices. -8- P002ATA 7.77!S 202%501 Mcbilization Lump Sum .S.7..D,000-0O (Prcrata Percentage 4.345E,+6:) 0 Iwi- en , , L„, 00 fc- -,-- lo., ,,,,,,,... , 2.:-.3',.:7)3 Fie: d La'coratory, Type D . Each ;7,0,20.00 (7...-crata 2crcent-,7c 2C.5-.5:'1 Maintenance and Rc,stcration of Haul Roads perce:Itagn nre based on a'total cf 13L 2 Note: Maintenance and Pecteration of Haul Reads prorata b.?sed on materials fured by the contractor ar.d public hiays except State trunk Yobilizatien, Field Office and Field Laboratory prorata share based on the following co^lputations: M s (A - M - 0 - x 100 = P ' (Percentage for Mobilization) O s (A - 0 - L) x 100 = P (Percentage for Field Office) L s (A - 0 - L) x 100 =P (Percentage for Field Laboratory) A = Total Contract Amount M = Total MobilizatiCn Amount 0 = Total Field Office Amount L = Total Field Laboratory Amount P Prorata Percentage After the contract has been awarded, the Unit Bid Price will be used to compute a new prorata percentage for Mobilization, Field Office and Field Laboratory CFSCI UTION - No. 1214 EL IT NFE:OtAk. LO7•t the City of Edon Prairir enter into on ogreo- nont uith to !",tnte of ninnesote, Oepertment of Highways for the following purpm to-u)1.: To incts11 a treffic clonal with street lights at the inter- section or Trunk Hichway Co. 169 aroi the North Entrance to Homort Shopoino Center (1,CCO feet .south of West 78th Street), in oc;:nrOonce uith Agreement No. 5792G, a copy of which was before the Council. DE IT FURTHER RECOLVED that the proper City officers are hereby euthorizod to exocute such acreement, and thereby assume for and on behalf of the City all of the contracture' obligations contained therein. CERTIFICATION State of Minnesota County or Hennepin City of Eden Prnirie I hereby certify that the foregoing Resolution is a true and correct cony of a resolution predented to ond odotrd by the Council of the City of Edon Frairic.at a duly authorized meeting thereof held on the day of 1975, as shown by the minutes of said meeting in my possession. City Clerk ( (City !.oal) MINNESOTA HIGHWAY DEPARTMEt,T TRAFFIC CONTROL SIGNAL AGREEMENT NO. 579',6 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF HIGWAYS AND THE CITY OF EDEN PRAIRIE, MINNESOTA FOR Installation of a Traffic Control Signal on Trunk Highway No. 169 at the North [ntrnc zj t ho;:.piny Center (1,000 feet soot') ur West 73th Street)in Edon Prairie, Minnesota. S.P. 2744-26 rrrprrc0 hy Tr2ffic Enninerrinn INDLX FLJND ESIIXAIID ANUUNT RECEIVAOLE AMOUNT TO OE ENCUMSERED City of Lrn prpirin 7:29,1 -411.10 None THIS P.',:UL;I:NT merle and entered into by and between the State ( of Mion-ata, Deaartrynt of Highways, hereinafter referred to as the "City", WIT%ESCETH: Wh1flEA5, it is consdered mutually •desirabie to install a traffic !Jirho) with street lights at the intersection of Trunk Highway Co. 253 rii the North Entrance to homart Shopping Center (1,000 feet south or 0%t. 75th Strect)in the City; and WHERLAS, the City and State will share in the cost, mainten- ance and operation Of the traffic signal with street lights as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLCUS: 1. The State shall prepare the necessary plans, specifications and prop:lei:1s and shall perform the engineering and inspection required to co7plete the items of work hereinafter set forth. Such work as de- snritcd imrsoietsiv etsve shell constitute l'Engineerino and Inspection" and be SD referred to hereinafter. 2. The contract cost of the work or, if the work is not con- tracted, the cost of all labor, materials, and equipment rental required to complete the work, except the cost or providing the power supply to the service pole or pad, shall constitute the actual "Construction Cont" and shall hr on referred to hereinafter. 3. The Stote'shall install or cause the installation of an actuated traffic signal with street, lights and overhead and pedestrian indications on Trunk Highway r:o. 169 at the North Entrance to Homart Shopping Cmiter (1,050 feet sout!, or Went 78th Street). Estimated Con- struction Cost 775,nno. City's share one hundred percent. 57926 - L. Upon completion of the work provided for in paragrap h 3 hrecif the City shall pey to the Stnte the City's share o f t h e C o n s t r u e - tinn Cot plur 6 perCent.pf such shore as the City's shore of the cast of Engineerine end Insecetion. 5. The City shall install or cause the inotallation of an adequate electricn1 power supply to the service pole or pad including eny necessurv extensions of power lines, and upon comple t i o n o f s a i d aignel with street light installation shall provide nece s s a r y e l e c t r i c a l power for its operetion at the cost end expense of the C i t y . 6. Upon completion of the work contemplated herein, the St a t e shall mointain and keep in repair the traffic signal, ex c e p t f o r r e l a m p - ing, cleaning end pointing at its cost and expanse; and t h e C i t y s h a l l maintein the street lights and relemp, clean and paint t h e s i g n a l a t i t s cost and expanse. 7. Any and all persons en pad in the aforesaid work to b e .performed by the State shall not be considered employees of the City, and any and all claims that may or might arise under t h e W o r k m e n ' s C o m - peneetion Act of this Stete on behalf of sold employees while so engaged, and any and all claims made by any third party as a co n s e q u e n c e o f a n y act or emission on the pert of said employees while so e n g a g e d o n a n y of the uork contemplated herein shall not be the obligat i o n a n d r e s p o n - sibility of the City. .The State shall not be responsible under the Workren's Compensation Act for any employees of the City. 8. All timinn of all traffic control signals provided for herein shall be determined by the State, through its Co m m i s s i o n e r o f Hiehwdye, end no changen shall be made therein except w i t h t h e approval or the state. 579P6 -2- CITY OF ED:N PRAIRIE AFTVED f To rtnm: By Mayor Lity tf.',' (City Seal) By STATE Or MINNESOTA RECOMMENDED FOR APPROVAL: By District E;Irror Deputy Commissioner of HiOwavE Dcpctrtment of Highw:Iyo Dated: Traffic ;.ngincor Dpoortment of Highways APPROVED: DEPARTMENT OF ADMINISTRATIGN: APPROVED: By Ar!.intant Dostrn 7r1L, r3r7ht of L ,ny Derortemt pr Highw4s ' APPROVED AS TO FORM APD EXECUTIO%: Dated: LproiN1 JLflt i n ttoriTy tioncral St .:1to nf rinnoLota .57926 —3— J.111 ; Nov. 23, 1976 CITY OE EDEN PRAIRIE iimmr N COUNTY, MINNESOTA RT:som.trioN NO. 1215 DLMICTING EASEMENTS AND RIGHT-OF-WAY AC y.•;1.1"; BY THE CITY FOR T.H. 169 IM- PRIE.NTS (LC. 51-266) th.:, City of Eden Prairie and the Minnesota Highway Department 1,avt., entied into an aureement for the improvement of Trunk Highway 169 within the City of Eden Prairie, and; WHLRET.S, Fai.. improvment is in accordance with plans prepared by the Mit ,.:;ot repart.zont, said plans identified as S.P. 2745- 23, S.P. 2744-25, S.P. 2744-26, and; WHEREAS, the City of Eden Prairie has, in an earlier resolution dated August 27, 1974, authorized the acquisition by the City of Eden Prairie for the neccsary right of way for said project, and; WHEREAS, the .city of Eden Prairie has acquired all the land and easements for said project. NOW, THEREFORE, BE IT RESOLVED that the property described on Attached Et:hinit A ic herewith declieat ,..d Cua: public street and highway purposes. ADOPTED by the Eden Prairie e!.ty Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk • November 19, 1976 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 09-10-76 2505 VOID CHECK 11-05-76 2937 POSTAMSTER Postage for newsletter 11-08-76 2938 CHERYL GLISCZINSKI Election services 2939 NYLA JENSEN Election services 2940 BERNADETTE PLOUMEN Election services 2941 LORETTA ELLISON Election services 2942 SHIRLEY JELLISON Election services 2943 MARGIE WOODHOUSE Election services 2944 DOROTHY FITZGERALD Election services 2945 EVELYN ROSERS Election services 2946 PATRICIA ARLT Election services 2947 ROSEMARY DYSINGER Election services 2948 GRETCHEN SHAW Election services 2949 SUZANNE LANE Election services 2950 JOAN CEBULLA Election services 2951 VOID CHECK 2952 JOANNE VOAS Election services 2953 MARY UPTON Election services 2954 CAROLYN LYNGDAL Election services 2955 SHARON LYNCH Election services 2956 JO ANN CARLIN Election services 2957 DORIS JOHNSON Election services 2958 SUSAN KULIGOWSKI Election services 2959 GENEVIEVE GIBSON Election services 2960 MARILYN MACMILLAN Election services 2961 SALLY BROWN Election services 2962 SANDRA BROWN Election services 2963 MILDRED CLARK Election services 2964 VIRGINIA SCHMITZ Election services 2965 VIRGINIA GARTNER Election services 2966 DOROTHY PENNIE Election services 2967 EDNA HOLMGREN Election services 2968 JERRY ZAHN Football official 2969 JEANNE MARTINSON Election services 2970 MARV HARTMAN CONSTRUCTION Refund on overpayment of permit 2971 ROBERT MARTZ October expenses 2972 POSTMASTER Postage for utility -bills 11-15-76 2973 DIANNE HANSOM Reimbursement for purchase of coffee maker 2974 INSTY -PRINTS Service-Public Safety dept. 2975 POSTMASTER Postage for newsletter 2976 INSTY -PRINTS Service-Public Safety dept. 11-16-76 2977 GLEN LAKE BAKERY Refreshments for Guide Plan meeting 2978 PUBLIC EMPLOYEES REITREMENT Employees withheld and employer ASSOC. contributions 11-12 payroll 2979 FEDERAL RESERVE BANK Taxes withheld 11-12 payroll 2980 UNITED WAY Donations withheld 11-12 payroll (3.33 224.85 33.19 33.19 33.19 33.19 34.31 39.31 32.63 32.63 32.63 32.63 34.88 34.88 34. 21.38 34. 34.88 35.44 35.44 41.00 37.69 42.69 36.00 22.50 14.06 36.56 36.56 36.00 21.94 36.56 51.00 34.88 35.00 103.75 1: 42.25 39.99 17.30 23.90 8.45 15.66 4,429.99 5,046.68 25.46 November 1 ,;, i9/6 71, 1 INTW.Al 31101.. HUM OF 0P:8 Ete'11ei HIS Dues withhold for November 95.,e 25e7 MEW.,e HAN Ie61E CONTROL October reserve chiroes l6,6 2 ;." ANOLese'': 1 1 AGRECAM CO. Sand-Public Works dept. E4: Aw.;;:;, Ce1ML:1MRE SYSTEMS BreathIesting unit-Public Safety RED.:Y R:NTS Equipment Rental :',WY;“ TL Polygraph exam-Public Safety 51)0 2.. SIN100.0AN APVERTISER Employment ad-Public Safety dept. 180700 AMNULANUE Supplies-Fire dept. 101.: 29',V A000! 1W WATER WORKS ASSOC. Books-Water dept. 29 ,:0 EARL F. IL:',1ERSEN & ASSOC. Signs-Public Works dept. 2991 A 6 H UELD:NO, CO. Services-Public Safety dept. and equipment maint. 2997 ASTLEF0NO EQUIPMENT CO. Equipment parts .. • 2993 UILLIAM I;YL November services 2994 EITis ROADWAYS, INC. Asphalt-Pirch Island Rd. 5,00ee 2995 BRAUN UGLIEERING Services-Mitchell Lake-Pemtom, School Paving, Preserve Blvd., and Preserve Area F Div. 2 9 96 BLOOM:W .0N LOCKSMITH CO. Keys-Public Safety dept. 2557 BRONH 9((000 Services-Public Safety dept. 2998 C0900YM CASSOLA Guitar instructions-Rue. dept. 2929 CARLSON 1-PACTOR Supplies-Prairie View School Imp. LUbeiSHiNG Cu. Bid ad 3001 CARLSON STORE FISTUNE CO. Sign holders for election 3002 JAMES CLARK Expenses 3:300 GILT . LDiMA Water sampfts 3004 CAR8ILL SALT Salt (21, 3005 CROWN RUBBER STAMP CO. Plate for engraving services-Puhlic Safety dept. 3006 COMPUTER ELECTION SYSTEMS, INC. Election supplies 3007 COPY ECTJIMENT CO. Supplies-Planning dept. 3001 CUTLER-MAGGER Quicklime-Water dept. I ,162. 6.17 Services-Bond issue 2,271. Supplies4ublic Safety dept. Services Food services-Calico Ball 490.;!. Cleaning supplies-Water dept. Supolies-Community services dept. 37.51 Legal ads for October 145.01 Services on Sale and issuance of bonds 13,1375.2e Survey land-Prairie View School Improvement 600.0:1 3059 DORSEY-MANQUART-WINDHORST- WEST I HALL/WAY 3010 DOYLE LOCK CO. 3011 DONHOLT PRINTING 3012 NELANIO'S KITCHEN 3013 01000 3514 CM-TIMERS 3E10t FEIN PRAIRIE COMMUNITY NEWS 30:c EHLERS AND ASSOCIATtS, INC. 3017 EARTH SERVICES, INC. 3018 CHRIS EA8009 Mileage 3015 EDEN rvAmIL sowL Fuel for equipment 3070 EINST l'IONAL BANK Bond payoznt 3071 FIRISTONL s'mrs Tires 302? CEFU-RI'M :MTROLS, INC. Polyphosphate- Water dept. 3073 GeY'S ANT() SUReLY Equipment parts 3074 CtENROSI CLONAL Services ' 3075 ro COCN(AZ Refund on overpayment of special assLs,ment 6P-0 1,757.L 5,03311. 2 33.1:: 31.20 811,j,.7e Novelatl 16, 1916 11-1(7-76 C)N: C':;•:.r!IC1TIM3, INC. 3(•' 30::9 ;;; :;!, 3031 Radio repairs-Fire drpt. Prisoner; hoard-Public Safety dupt. Mileage Expenses Services-Schooner Blvd. 2,157.H Supplies-Puidic Weri,s dept.and Chiparve!;tor and personnel for Tree descAsc 3038 M:SIRk:' 3 511/01 0, INC. Withlr eouip.-Public Safety dept. 3033 ,:•,3:=5 0; Sodium Silicaflonride-Vater dept. 3034 J/li October services 30,>5 Mileage 303C, couw Food service during election 3037 3,85 ., 1;,' ARE Supplies 3038 PTM LES1T.k Excercise instructions-Rec. dept. 3039 LLLF B83., INC. Rug and Rag. 30.10 JOAN Mt -PS, November service 3041 MINUESOTA ARTS Karate instructions-Rec. dept. 3042 MINNESOTA ITCREATIO8 & PARK ASSOC. M.R.P.A. Conference-Sandy Werts 3013 MINNESOTA -iPEE, INC. Tree debre pick up-Tree desease 3044 1;1JR0831111 ,N ANIMAL PATROL October services 3045 MINNEAPOLIS STAR Employment ads-Public Safety dept. (ft,pc. 3046 roTv.(tA, INC. Fire monitor battery-Fire dent. 3047 PkIAN Services-Reforestation program 3048 N=OTA ELECTF1C CO. S2rvico-Pi1y Laka Park 3049 METrf .:AlT:N FIRE EY,TM;(INISHER Recharge units 3050 MUY,PALL SWIFT PW.LICATIOPI Supplies-Assessing dept. 3051 kETOPOL11i% WASTE CONTROL COMISSIU Sewer service charge-December 3052 MEDICAL OXY:'!-N Oxygen-Fire dept. 3053 1)I33E01 A',:ri!ALT CORP. Asphalt-Birch Island Rd. 3054 rODON TIPE CO. Repair service 3055 NORT8ESTLU NATIONAL BANK Bond payments 3056 HkTi4RN 01 IS POWLR Service • 3057 DELL Service 3000 clr:v PAOIT November services 3059 1.,."I_ICA31; P1:1;ZEL November services 3050 TIM PIPCE November services 3061 080050N' Milcage-Fire Dept. r,k0 F1LMSLU -3 Service-Planning dept. 1E0:P3S TRANSPORT Services-Prairie View School Imp. 3064 F=NS Chipper knives-Tree decease 3007 slroNs AND Ti (DilIJIN IC: N 3065 Purs: 3061 U. G. FLAN A. IMP:, 411(A RIVKL-CA)L-NU1FR ASSOC. 3070 JUDY SUET 30/1 C) APS. NOINCK fam CO. 7012 !,MINBAN ENGIVERING, INC. 4'2." 197 6.0: 13,155.E. 144.1 338.6: 66.:. 1,571.'7'3 60.; 60.00 70.53 7.'30 43.7: 177. on Services 6,554.33 Employees pop 110.63 Sand-Public works dept. and Birch Island Rd. 604.13 Supplies-innineering dept. 14.5U Services-Miichell Lake-Pemtom, Westgate Last Add., Minn Protective Life 14,324.1 Calligraphy services 64.00 Eenipment oqrts 31.97 Services-Woodland & Martin Dr. 907.17 11-10-76 3073 3074 3015 3076 3077 3078 3079 C09N SMITN CO. PAM IIECMIDICS WILLY VIEW F/MILY ROLLLN DIIGOX PADEN CO. MIER PRODUGIS CO. ZIEGLER, INC. 0. L. CONTRACTING, INC. NO4LM0 19, 1976 Feel and enqipment parts 258./1 0 Recorder-Public Safety dept, 89.33 Skating instructions-Rec. dept. 144.00 Office supplies 38.94 Meters-Water dept. 5,12.01 Equipment parts 298.20 Contract-Estimate No. 7, Preserve Area F Div. 11,113.0? 3080 3031 3032 3033 3034 3085 3086 3087 MINNESOTA VALLEY SURFACING CO. Contract-Est. No. 5A, Woodland and Martin Dr. 2,102.07 M. G. ASTLEFOM CO., INC. Contract-Est. No. 2, Preserve Blvd.61,C29.54 NONTHDALE CONSTRUCTION CO. Contract-Est. No. 1, Mn. Protective Life .20,Si.3. RIEGGER ROADWAYS, INC. Contract-Est. No. 4, School Rd. Paving 6,530.51 NORTHDALE CONSTRUCTION CO. Contract-Est. No. 2, Mitchell Lake Pemtom 197,967.15 NORTHWEST BITUMINOUS, INC. Contract-Est. No. 1, Westgate East addition 740129 STATE OF MINNESOTA Identification card for municipal liquor store 5.00 ROGER ULSTAD Expenses 20.93 $15.; CITY OF ELEN PRAIBIE LICE= APPLICATION LIST November 23, 1976 rONTEA , (1 & 2 Family), Quality Tbe Gerald (1:-,Uler Cielstruction Reviei Construction & Coml.) Mary Hartin Comstruction, Inc. Twins Leaming Co. Van HelYob:.5 McCoy:eh Construction Co., Inc. Hasse Construction Trard-Pon 1P::11ein Custom Plumbing People's Plumbing & Heating LeVahn Brotners Pluibing BEATINC LeVahn Brothers Plumbing SOLICITORS Catherine Chiema - Free Lane Intnrior DCO.VWr Kay NiCholson - Avon TEMPOR7yRY FOOD LICENEE Eden Prairie Merchants Associaion rom ESTABLISHMENT TYPE B My Cheese Shop(Prairie Village Mall) Food ,,takAi.!':,-nt 70 ..,e A Pennyo Supexmarket VENDING M'sCHINES Pennys Supermarket 3.2 BEER OFF sALE Pennys Supermarket These liconse5 have been approved by the department head responsible for the licensed activity. Rebecca 6,,y .;1 ,:.m.Jon, Dcruty clerk