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HomeMy WebLinkAboutCity Council - 01/18/1977JOHN FRAME EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 18, 1977 COUNCIL MEMBERS: COUNCIL STAFF: 7:00 PM, CITY HALL Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly 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, Recording Secretary INVOCATION PLEDGE OF ALLEIGANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of the Council Meeting held Tuesday, December 28, 1976. Page 3724 B. Minutes of the Council Meeting held Tuesday, January 4, 1977. Page 3726 III. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Vernon J. Seck and Cedric L. Warren for a private Page 3736 off-sale liquor license. (Communication dated 1/11/77) B. Carnes RLS, request for approval of a RLS of Tract F of RLS Page 3737 #4121 into 6 lots. The approximate 5.5 acre site is located north of lots 10-11 Willow Creek Addition. IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 312, relating to the licensing of Page 3745 food establishments and setting health standards for food handling and amending Ordinance No. 250. B. Resolution No. 77-8, relating to changing the "Green Acres" Tax Page 3748 Law. C. Resolution No. 77-4, Joint Resolution Establishing the Hennepin Page 3749 County Criminal Justice Coordinating Council. V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members. B. Report of City Manager 1. Discussion of Ordinen,e No. 202, licensing and regulating the sale of intoxicating liquor. 2. Local 49 Strike Status City Council Agenda - 2 - Tues.,January 78, 1977 Page 3769 I. Cooperative Agreement with Nine-Mile Creek Watershed District Page 3765 Page-3799- E. Report of City Engineer 3gOlt 2. Receive petition for storm sewer and street improvements in Page -3804 C. Report of Director of Community Services regarding Park Improvement Project. D. Report of Planning Director I. Planned Unit Development, Zoning, and Preliminary Plat Procedures. I. Receive petition and set hearing _date for vacation of Earl Drive plus the drainage and utility easements in the plat of Topview Acres 1st Addition. (Resolution No. 77-6) the vicinity of T.H. 5 and County Road 4, I.C. 51-298. (Resolution No. 77-7) F. Report of Finance Director I. Payment of Claims Nos. 3360 - 3364; and 9501 - 9502. Page 3807 VI.NEW BUSINESS VILADJOURNMENT. UNAPPROVED MINUTES . EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 28, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix INVOCATION: Councilman Tim Pierce PLEDGE OF ALLEGIANCE ROLL CALL: Penzel, Meyers, Pierce and Pauly present; Bye absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was requested to be added to the agenda under the "New Business" category: A. Discussion of the Green Acres Law MOTION: Meyers moved, seconded by Pierce, to approve the agenda as amended and published. Motion carried unanimously. 11. ORDINANCES & RESOLUTIONS A. Resolution No. 1230, recognizing the time and effort of Tim Pierce. City Manager Ulstad acknowledged the telephone call he had received from Councilman Bye who wished to be recorded in favor of Resolution No. 1230. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1230, recognizing the time and effort of Tim Pierce. Motion carried unanimously. B. Resolution No. 1231, donation of land along Nine Mile Creek Floodplain. MOTION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1231, donation of land along Nine Mile Creek Floodplain. Motion carried unanimously. III. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members. 1. Councilwoman Pauly reported on the Planning Commission held Monday, December 27, 1976. ?;72q Council Minutes - 2 - Tues.,December 28, 1976 B. Report of Finance Director 1. Clerk's License List. The Council requested staff to review City Ordinances applicable to the issuance of 3.2 beer licenses, taking into account deliquent taxes and utility bills to determine whether the same requirements should apply to these licenses in the same manner as apply to on-sale liquor licenses. MOTION: Meyers moved, seconded by Pauly, to approve the Clerk's License List dated December 28, 1976. Motion carried unanimously. 2. Payment of Claims Nos. 3248 - 3359. MOTION: Meyers moved, seconded by Pierce, to approve Payment of Claims Nos. 3248 - 3359,deleting 3339. Roll Call Vote: Meyers, Pierce, Pauly and Penzel voted "aye". Motion carried unanimously. IV. NEW BUSINESS A. Discussion of the Green Acres Law Councilwoman Pauly spoke to the October 25, 1976 report with the recommendations of the Modest-Cost Private Housing Advisory Committee of the Metropolitan Council, specifically to page 8, item 17, which states "The Legislature should charge the Metropolitan Council to study and recommend changes to the existing Green Acres Law as it applies in the Twin Cities seven county area. The Council should recommend those changes necessary to make the consequences of the Green Acres Law consistent with the objectives of the Development Framework." The Council requested that a resolution be drafted for Council review for submission to our State Legislators. In addition, this information should also be provided to our citizens through the news media and the HAPPENINGS. V. ADJOURNMENT MOTION: Pauly moved, seconded by Meyers, to adjourn the meeting at 8:15 PM. Motion carried unanimously. TUESDAY, JANUARY 4, 1977 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL Mayor Wolfgang Penzel Billy Bye Joan Meyers Dave Osterholt Sidney Pauly City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilwoman Joan Meyers PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. SWEARING IN CEREMONIES FOR MAYOR AND TWO COUNCIL MEMBERS City Attorney Perbix conducted the swearing in ceremonies for M a y o r W o l f g a n g Penzel, Councilman Dave Osterholt, and Councilwoman Sidney Pau l y . II. OFFICIAL DESIGNATIONS A. Appointment of Acting Mayor MOTION: Bye moved, seconded by Osterholt, to nominate Council w o m a n Joan Meyers as Acting Mayor. Motion carried unanimously. MOTION: Pauly moved, seconded by Bye, to cast a unanimous bal l o t for Councilwoman Joan Meyers as Acting Mayor. Motion carried unanimously. III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following changes and additions were made to the agenda: 1. Discussion of Council programs for 1977-1978 to be added under the New Business" category. 2. Meyers requested that on page 2, item G of the Agenda be amended by striking "Alternate" and inserting "Sfiff Member". 3. MOTION: Bye moved, seconded by Pauly, to move item VIII, A. 1 and 2 to follow item IV. Bye, Pauly, Meyers and Osterholt voted "aye", Penzel abstained. Motion carried. Council Minutes. - 2 - Tues.,January 4, 1977 B. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS (continued) 4. MOTION: Bye moved, seconded by Pauly, that the Council commend the City Manager and his staff for the fine and capable manner in which they have conducted City business during the past year. Motion carried unanimously. MOTION: Bye moved, seconded by Pauly, to approve the agenda as amended and published. Motion carried unanimously. IV.MINUTES A. Minutes of the Regularly Scheduled Council Meeting held Tuesday, December 7, 1976. Pg. 2, 6th para., 4th line, strike "alternatives" and insert "alternative grading plans"; para. 7, 1st line, after "staff" insert "together with the proponent". Pg. 5, 3rd para., strike "seconded by Pauly" and insert "seconded by Pierce". MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the Council meeting held Tuesday, December 7, 1976, as amended and published. Motion carried unanimously. B. Minutes of the Regularly Scheduled Council Meeting held Tuesday, December 14, 1976. MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the Council meeting held Tuesday, December 14, 1976, as published. Motion carried unanimously. VIII.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members. I. Discussion on Council Representatives to Boards and Commissions. 2. Discussion on who should select Chairmen of various Boards and Commissions. Both items I and 2 were considered at the same time. Pauly acknowledged that these two items were placed on the agenda per her request and spoke to Resolution No. 1243 as submitted by Councilman Bye. Bye explained that if there are more than seven members on any of the boards or commissions, that no one would be taken off, but as terms expire or resignations occur, no appointments would be made beyond the seven members. General discussion took place among Council members and changes were made to Resolution No. 1243. 37.2-1 Council Minutes - 3 - Tues.,January 4, 1977 A. Reports of Council members (continued) MOTION: Osterholt moved, seconded by Bye, to adopt Resol u t i o n N o . 1 2 4 3 , relating to the composition; appointment of members and t e r m s o f o f f i c e of members of City advisory commissions and boards. Meyers requested that an item be added at the beginning o f t h e C o u n c i l agenda for "Reports from Advisory Boards and Commissio n s " . C o u n c i l members agreed with this request. MOTION: Osterholt moved, seconded by Bye, to call the q u e s t i o n . Osterholt, Bye and Pauly voted "aye", Meyers and Penzel v o t e d " n a y " . Motion carried. Meyers requested that the following language be added t o i t e m 7 o f Resolution No. 1243: "unless the Council by unanimous v o t e r e a p p o i n t s such members to the board or commission". Council membe r s a g r e e d t o include this in Resolution No. 1243. MOTION: Osterholt moved, seconded by Bye, to adopt Reso l u t i o n N o . 1 2 4 3 as modified, relating to the composition; appointment of m e m b e r s a n d t e r m s of.office of members of City advisory commissions and bo a r d s . O s t e r h o l t , Bye, Meyers and Pauly voted "aye", Penzel voted "nay". M o t i o n c a r r i e d . (Resolution No. 1243 as modified attached as part of min u t e s ) V. APPOINTMENTS MOTION: Osterholt moved, seconded by Bye, to continue i t e m s A - F t o March 1, 1977, and that members whose terms expire bef o r e t h a t t i m e c o n t i n u e on until new appointments are made. Motion carried una n i m o u s l y . Penzel requested that letters be sent to members whose te r m s h a v e e x p i r e d on various boards and commissions asking them to conti n u e s e r v i n g u n t i l March when appointments are made. G. CATV Study Commission - Appointment of Council Represe n t a t i v e a n d o n e Staff member. Appointment by Council. MOTION: Osterholt moved, seconded by Bye, to appoint C o u n c i l w o m a n Meyers and City Manager Ulstad to the CATV Study Comm i s s i o n . M o t i o n carried unanimously. H. Metropolitan League of Municipalities - Appointment of 1 R e p r e s e n t a t i v e and 4 Alternates. Appointments by Council - 1 year term . MOTION: Meyers moved, seconded by Penzel, to appoint Ma y o r P e n z e l as the Representative, and the remainder of the Council a s a l t e r n a t e s to the Metropolitan League of Municipalities for a 1 ye a r t e r m . M o t i o n carried unanimously. I. LOGIS - Appointment of 1 Representative and 1 Alternate . A p p o i n t m e n t s by Council. MOTION: Meyers moved, seconded by Osterholt, to appoint F i n a n c e D i r e c t o r John Frane as the Representative, and City Manager Ulst a d a s t h e A l t e r n a t e t o LOGIS. Motion carried unanimously. 3 7 2? Council Minutes - 4 - Tues.,January 4, 1977 V. APPOINTMENTS (continued) J. Health Officer - Appointment of 1 Health Officer for the year 1977. Appointment by Mayor with consent of Council. Mayor Penzel recommended the appointment of Dr. Frederic Ekrem as the Health Officer for 1977. MOTION: Pauly moved, seconded by Meyers, to appoint Dr. Frederic Ekrem as the Health Officer for 1977. Motion carried unanimously. K. Suburban Rate Authority - Appointment of 1 Representative to the Suburban Rate Authority for 1977. Appointment by Mayor with consent of Council. Mayor Penzel recommended the appointment of City Engineer Jullie as the representative to the Suburban Rate Authority for 1977. MOTION: Bye moved, seconded by Osterholt, to appoint City Engineer Jullie as the Representative to the Suburban Rate Authority for 1977. Motion carried unanimously. L. South Hennepin Human Services Council - Appointment of 3 Representatives (1 Council Representative to fill an unexpired term of 1 year, 2 at-large Representativesto serve two year terms). Appointment by Council. MOTION: Osterholt moved, seconded by Meyers, to appoint Councilwoman Pauly to fill the unexpired term of I year, and Mary Hayden and Dr. Richard Williams to serve two year terms. Motion carried unanimously. M. Appointment of City Attorney - Appointment by Manager subject to approval of Council. City Manager Ulstad recommended the appointment of City Attorney Perbix for 1977. MOTION: Bye moved, seconded by Pauly, to appoint Harlan Perbix as City Attorney for 1977. Motion carried unanimously. N. WAFTA Board - Appointment of 1 Representative for a 1 year term. Appointment by Council. MOTION: Osterholt moved, seconded by Meyers, to appoint Dennis Jarvela as the representative for a 1 year to the WAFTA Board. Motion carried unanimously. VI. PUBLIC HEARING A. 1977 Community Development Block Grant, joint application for approximately 145,800 of Federal funds to be used for eligible community projects. City Planner Putnam introduced Jim Ford, the representative from Hennepin County, to give a brief presentation. Vac) Council Minutes - 5 - Tues.,January 4, 1977 A. 1977 Community Development Block Grant, joint application for approximately 34-6-:800 of Federal funds to be used for eligible community projects. (continued) Jim Ford explained that this year there will be 35 communities participating in the Urban County Development Block Grant Program and that it is estimated Eden Prairie might be receiving approximately $45,800. The application this year is in many respects similar to the projects two years ago. However, HUD is looking more and more at the applications and is becoming stricter. Generally HUD has been emphasizing programs towards low and moderate income households in the community. City Planner Putnam spoke to the recommendations of the Parks, Recreation & Natural Resources Commission made at their meeting held January 3, 1977, those being: I) Development of the Edenvale and Preserve Neighborhood Playgrounds like that which occurred at Prairie View this fall; 2) Any remainder to be used for Right-of-Way acquisition and increased construction costs on the County Road 4 Trail; and 3) That the $19,000 from the 1975 year program be reallocated for the County Road 4 Trail. Putnam further explained that the Planning Commission would be making their recommendations at their meeting to be held Monday, January 10. Bye strongly urged that the staff investigate the possibility of using some of this funding for dutch elm replacement and to invite input from the Task Force which studied this problem. Jim Ford stated that dutch elm replacement has been mentioned and the only difficulty about this program is funding can only be used for replacement of trees on public property. Meyers suggested that homeowners associations in Edenvale and The Preserve be notified before the January 11th Council meeting that both the Edenvale and The Preserve Playgrounds are being considered. Al Upton, 16163 Edenwood Drive, asked for a clarification on recommendation 1 from the Parks, Recreation & Natural Resources Commission which City Planner Putnam provided. John Retterath, 9011 High Point Circle, The Preserve, stated he thought The Preserve is looked at as being loaded with amenities but the children seem to have nothing to do. The amenities do not fulfill the growing needs, especially since Windslope is becoming a reality. MOTION: Osterholt moved, seconded by Meyers, to continue the Public Hearing for the 1977 Community Development Block Grant to the January 11, 1977 Council meeting. Motion carried unanimously. V1I.RESOLUTIONS & ORDINANCES A. Resolution No. 1232, designating the official meeting date, time and place for the City of Eden Prairie Council Members in 1977. MOTION: Meyers moved, seconded by Penzel, to adopt Resolution No. 1232. 3'730 Council Minutes Tues.,January 4, 1977 A. Resolution No. 1232, designating the official meeting date, time and olace for the City of Eden Prairie Council Members in 1977. AMENDMENT: Bye moved, seconded by Osterholt, to amend Resolution No. 1232 In line 2, strike ", second and fourth" and insert "and third"; and in the third line strike "7:30 PM" and insert "7:00 PM", in the same line strike "11:00 PM" and insert "11:30 PM". Bye, Osterholt and Pauly voted "aye", Meyers and Penzel voted "nay". Motion carried. MOTION AS AMENDED: Osterholt moved, seconded by Pauly, to adopt Resolution No. 1232 as amended, designating the official meeting date, time and place for the City of Eden Prairie Council Members in 1977. Osterholt, Pauly and Bye voted "aye", Meyers and Penzel voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-5, setting Special Meetings for January 11 and February 8 for Public Hearings which have already been scheduled. Motion carried unanimously. B. Resolution No. 1233, designating the Official Newspaper for 1977. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 1233, designating the Eden Prairie News as the Official Newspaper for 1977. Motion carried unanimously. C. Resolution No. 1234, authorization for signatures. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 1234, authorization for signatures. Motion carried unanimously. D. Resolution No. 1235, designating a depository for the City of Eden Prairie. MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 1235, designating the Suburban National Bank as the depository for the City of Eden Prairie. Motion carried unanimously. Osterholt requested the City Manager to advise the Suburban National Bank that the Council does not sanction free services to City employees. E. Resolution No. 1236, authorizing use of facsimile signatures by Public Officials. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 1236, authorizing use of facsimile signatures by Public Officials. Motion carried unanimously. F. Resolution No. 1237, authorizing the treasurer to invest City of Eden Prairie Funds. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1237, authorizing the t...'easurer to invest City of Eden Prairie Funds. Motion carried unanimously. ?'131 Council Minutes - 7 - Tues.,January 4, 1977 VIII.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members. 1. Discussion on Council Representatives to Boards and Commissions. ?. Discussion on who should select Chairmen of various Boards and Commissions. Both items 1 and 2 were discussed on pages 2 and 3 of these Council minutes. B. Report of City Manager City Manager Ulstad thanked the Mayor and Council for their vote of confidence on behalf of himself and the staff. Osterholt stated he has received numerous comments from people expressing appreciation for the work that is being done. C. Report of City Engineer 1. Approve plans and specifications and order advertisement for bids on sanitary sewer connection for the New Testament Church/Stewart Highlands,1.C. 51-283. City Engineer Jullie spoke to his memo dated December 29, 1976 and Resolution No. 1238. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 1238, approving plans and specifications and ordering advertisement for bids (I.C. 51-283). Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to direct City Attorney and City Engineer to request a new letter of acceptance reflecting the actual bid figures and contract for deed holder to proceed with the project. Motion carried unanimously. 2. Chanhassen request for connection to Duck Lake Area Trunk Sanitary Sewer. City Engineer Jullie spoke to his memo dated December 29, 1976, explaining that he thought the City of Chanhassen would be agreeable to pay $61,000 to connect to the Eden Prairie Duck Lake Trunk Sewer. He further stated this would constitute a down payment of 10% and the balance in equal installments over 15 years at 6% interest. Mr. Russ Larson, City Attorney for Chanhassen, explained that he had been authorized to offer $61,000 as outlined by City Engineer Jullie and requested approval by Council members. MOTION: Osterholt moved, seconded by Bye, to grant approval for the City of Chanhassen to connect to the Eden Prairie Duck Lake Trunk Sewer as outlined in City Engineer's memo dated December 29, 1976, and authorize City Manager and Mayor to executve the agreement. Motion carried unanimously. 313). Council Minutes - 8 - Tues.,January 4, 1977 3. Annual Agency Contract with Minnesota Department of Transportation. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 1239, the annual agency contract with Minnesota Department of Transportation. Motion carried unanimously. 4. Annual Technical and Engineering Assistance Agreement with Minnesota Department of Transportation. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 1240, the annual technical and engineering assistance agreement with Minnesota Department of Transportation. Motion carried unanimously. 5. Receive petition and set hearing date for vacation of a portion of Franlo Road in the proposed Olympic Hills 2nd Addition. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 1241, and set February 1, 1977 as the Public Hearing date for vacation of a portion of Franlo Road in the proposed Olympic Hills 2nd Addition. Motion carried unanimously. D. Report of Finance Director 1. Clerk's License List MOTION: Bye moved, seconded by Osterholt, to approve the Clerk's License List dated January 4, 1977. Motion carried unanimously. IX. NEW BUSINESS A. Discussion of Council programs for 1977-1978. Meyers suggested Council members each make a list of concerns, programs, policies, revisions, etc., and submit to the City Manager to be included on the February 1st agenda. Further that an updating of same could possibly be done every six months. Osterholt requested that these be submitted to the City Manager and sent out in the "For Your Information" packet with the Jan. 18 Council packet and finalized at the February 1st Council meeting. Council members agreed with this request. Council members all felt this was an excellent idea. X. ADJOURNMENT. MOTION: Osterholt moved, seconded by Meyers, to adjourn the meeting at 10:10 PM. Motion carried unanimously. T733 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1243 A RESOLUTION RELATING TO THE COMPOSITION; APPOINTMENT OF MEMBERS AND TERMS OF OFFICE OF MEMBERS OF CITY ADVISORY COMMISSIONS AND BOARDS WHEREAS, the City of Eden Prairie has by ordinances created various advisory commissions and boards; and WHEREAS, said advisory boards and commissions provide an indispensible service to the community; and WHEREAS, it is the desire of the City Council to improve their effectiveness; and WHEREAS, it is believed that by changing the composition, method of appointment, term of office and certain duties of the members of said commissions and boards such bodies will be more effective in the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the City Attorney be directed to recommend such changes as may be necessary in the ordinances of the City creating the Planning and Zoning Commission, Parks, Recreation & Natural Resources Commission, Human Rights Commission, Historical and Cultural Commission, Board of Appeals & Adjustments, Building Code Board of Appeals, and Industrial Commission to accomplish the following objectives: I. That all commissions or boards shall be comprised of not more than seven members. 2. That the terms of members shall be staggered over a period of three years and the terms shall commence on March 1 of each year. 3. That all boards and commissions shall: (a) Establish meeting time, place and frequency. Such meetings shall be held in the 2nd and 4th weeks of each month; (b) Designate from its members such officers as At deems necessary or the ordinance creating it requires; and 3'73 q -2- (c) Keep minutes of its proceedings and make reports o f i t s action to the City Council in writing. The chairman or designated member shall report in person on matters to the City Council from time to time. 4. That all members to all commissions and boards shall b e a p p o i n t e d by the City Council. 5. That no one who holds another elective office shall b e a p p o i n t e d to serve on a commission or board (i.e. a council memb e r o r s c h o o l board member would not qualify). 6. That the City Manager shall designate at least one Cit y s t a f f member to work with said commissions or boards. 7. That no member shall serve more than 6 years on one bo a r d o r commission, plus that portion of any unexpired term to w h i c h said member may have been appointed, unless the Counci l b y unanimous vote reappoints such member to the board o r c o m m i s s i o n . 8. That an item be provided on the regular City Council a g e n d a a t t h e beginning for reports of advisory boards and commiss i o n s . ADOPTED BY The City of Eden Prairie this day of 19 liolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk 31 3S January 11, 1977 Honorable Mayor and Membersof the City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55343 Dear Mayor and Chairpersons: In as much as the Eden Prairie City Council has not made a decision regarding the operation of a Municipal Liquor Store, we hereby request the City Council to give consideration to the application of Vernon J. Seth, and Cedric L. Warren for a private Off Sale Liquor License. Sincerely Yours, Vernon J. Sack 16519 Haywood Lane Eden Prairie, Mn. 55343 cc: Eagle Enterprises ?,-)3(0 Unapproved Planning Commission Minutes December 27, 1976 B. Carnes Registered Land Survey, request for approval of a RLS of Tract F of RLS If 1421 into 6 lots . The approximate 5.5 acre site is located north of lots 10 and 11 Willow Creek Addition. Because of his business and friend relationship with the proponent, Sorensen informed the other commission members he would not be voting on this item. Mr. Carnes reviewed the location of the plat, ownership of the lots, access possibilities and the easement of 15 ' asked by the City for access to the parkland to the north . He stated lots A and C oftheproposed plat will be built upon. He noted that the IS' easement would be dedicated to the city now, but maintained by the landowners at this time. Ed Ames, Registered Land Surveyor, stated he believes it would be difficult to build the road to the 66' standard the city desires because of the steep slope. Sorensen inquired if an additional 16 ' could be obtained from lot 11. Mr. Porter, owner of lot 11, stated it may be possible. Porter then asked if his taxes would increase substantially when he combines Tract C to his lot. Mr. Sorensen believed the assessed value -may risebecause of the additional acreage, but he would not be taxed for a buildable zoned single family lot in addition to his present lot. Pearl Freeburg, 7010 Willow Creek Road, complained about traffic nuisances of snow- mobiles • motorcycles, etc., and questioned if the 15' easement would generage traffic through Willow Creek as an access to the park. _ The planner did not believe the 15' easement would be that visible to people not familar with the area as it would not be marked or surfaced. Sorensen asked for further questions or comments. No questions or comments were raised. Motion 1: Bearman moved, Sundstrom seconded, to close the public hearing. The motion carried 4:0:1 with Sorensen abstaining. Motion 2: Bearman moved, Fosnocht seconded, to recommend to the City Council approval of the Carnes RLS of Tract F of RLS 1421, Certificate of Survey dated 12-6-76 located north of lots 10 and 11 of Willow Creek Addition as per the Engineering Report dated 12-23-76. The motion carried 3:0:2 with Sorensen and Pauly abstaining. Pauly abstained because she still had questions relative to the easement and street and would be voting on the request when it is on the council agenda. Jan 4, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA' RESOLUTION NO. 1242 RESOLUTION APPROVING THE PRELIMINARY PLAT OF JERRY CARNES R.L.S. BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Jerry Carnes which is attached hereto and amended as follows: 1. Widen Tract "F" to 66' in width. 2. Conformance with the recommendations of the Engineering Report dated 12/23/76. is found to be in conformance with the provisions of the Eden Prairie Zoning and platting ordinances and amendments thereto and is herein approved. . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk 37 Sg CITY OF EDEN PRAIRIE CHECK LIST FOR REVIEWING PROPOSED LAUD DEVELOPMENTS DATF.: 12/23/76 DEVELOPMENT: Carnes R.L.S. L.D. NO. 76-P-15 LOCATION: North of Willow Creek Addition (Tract F, R.L.S. #1421) REFENECE P.V.D. OR PREVIOUS zo N ING 1ci=a : Rezoning Agreement dated 4/6/76 RES. U. DEVELCPEI:: Mr. Gerald Carnes ENGIREF.R/PLi.PMER: Orr-Schelen- Meyeron & Associates, Inc. DOC•a!TS EMNITTED FOR REVIEW: Preliminary Plat for Jerry Carnes dated 12/6/76 PROPOSAL: The developer is requesting Preliminary Plat approval for 3 Iota, one of which will be combined with an existing lateral. The parcel is presently platted as Tract F, R.L.S. #1421 I. Land Devolornent application filed and filing fe2 & deposit paid Yes Yes Copy of application forwarded to Watershed District ------ 2. Processing Schedule: a. Planning & Zoning Commission Preliminary b. Park & Recreation Commission C. Human Rights Commission d. Planning Commission Public Hrg. City Council consideration f. Watershed District 12/27/76 3. Type Of 0.7,velopment Single family detached 4. EnviroLmental an!,:ct11;m,jnt or impAct tatement required par Eavironmental Impact Policy Act of )973: No 3739 - 2 - 5, Present Zoning R1-22 6. Proposed Zoning same Consistent with approved P.U.D. or Comp Plan? Yes List variances required & setbacks that apply: No Variances Requested 7. Project Area 5.1 ac. Density 1.7 lots per acre 8. PuLlic open space and/or cash dedication Cash dedication required - $600 Private open rpacc None proposed Trail systems a SideWLMs Proposed dedication for 15' walkway Range of lot 1.4 ac. to 2 ac 9. Preliminary Building Plans Not submitted 10, Representative Soil Borings Not submitted 11. St.'-'eet System * A. Acces ,.., to ae::;oinii ,g _OA, Tract C shall be combined with Lot 11, Willow Creek Addition B. Tyne P/N Roadway (Pac% to Sack of Curb) Private driveways, no parking Leading to Cul de sacs 50 (not over 1000') & minor residential 24 (Proposed 16' wide private driveway) Post no parking signs 28. Cul de sacs 100 78 (no island) 320 98 (with island) Thru Pesideraial (collectors) & Cul de t4w5; over 1000' GO 32 * Tracts D, E and F to be dedicated to the City. Owners to build and maintain private driveway. At scme future time, after ut4ity installation, a new road can be built to City standards and maintained by thc City. Tract F should be widened to 66 feet rather than 50 feet to provide a proper width for sloping purposes for such future read. q0 -3-. NSA 70 44 Parkway 100 28 divided Fire Road 12 .• Pathways 12 6 Street grades-max. 7.5%, min. .5% Concrete curb & gutter required, Deep strength asphalt design Owners to maintain private driveway. Restrictive covenants on the land shall so indicate. C. Check City's comprehensive street system. Developer builds 1/2 of parkways at his cost, & R/W dedication D. Street Names - try to conform with existing in the area. Avoid additional names on cul de sacs having eight or less lots. Check list or existing street names. Address from Willow creek Rd. R. private parking lots--136-12 cone C&G and lull depth asph. design F. Street Signs-M2voloper or City installs' N.A. 12. Parking: (See Ord. tt141) N.A. 13. Utility Systems: A. Sanitary Sewer Not available (private system required) 1. Service Detail 2. Service to adjoining property D. Watermin: Not available (private system required) 1. Cheek Service Design (20 psi at highest fixture) 2. Hydrant locat4on-Fire Inspector 3. Waiving 4. Compliance with fire Code 5. Service to adjace ,,t property 3'7411 1. Positive outlet for drainage ponds 2. Avoid excessive grading and tree remova l N.A. Required 3. rrowa showing drainage Required 4. Keep drainage in gutters, not in cente r o f s t r e e t B. Sod drain a ge swales and steep slopes Required None Required Required 9. Flood plain encroachment 10. Watershed District approval 11. DNR approval N.A. D.• Natural Gas p Telephone S. Electric (underground) Required 14. Street Lights & On-Site Lighting t o b e i n s t a l l e d u p o n r e q u e s t b y p r o p e r t y o w n e r s Underground Required 11. Re-zoning agreement required No (No change in zoning required) D:veloper's Agreement required Title Al,st)-act for Attorney's review 314 C. Storm Sewer & Grading 1. Sediment control plan N.A. 2. Skimping & grit control for comercial p a r k i n g l o t s AccoMedate drainage from adjacent prop e r t i e s Required 3. Denote drainage area for individual in l e t s a n d p r o j e c t e d h i g h w a t e r for pendr. Required 15. Preliminary plat to be submitted to MUD o r H e n n . C o . i f a b u t t i n g a State or County Hwy. N.A. 16. List special assessments levied and pe n d i n g Nme_ley i tt g____ .* ORR.SCHELEN.MAYERON Et ASSOCIATES, INC. Consulting Engineers Land Surveyors December 9, 1976 Dick Putnam Planning Director 8950 Co. Rd. 4 Eden Prairie, Minnesota 55343 Re: Jerry Carnes - R.L.S. Dear Dick: As sometime has elapsed since Mr. Carnes and I met with you and Carl Jullie, I would like to recap some of the itpns pertinent to this subdivision. When Mr. Carnes and Dr. Tangen presented Registered Land Survey No. 1421 for approval, Tract F was left as a 5 acre parcel with no access. Mr. Carnes' understanding was that the city would buy Tract F for inclusion in the Bryant Lake Park. Do to some unforeseen development, this did not take place. Mr. Carnes would like to sell this property, while he is alive, so as not to burden his wife with a large tract of land to pay taxes on or to dispose of. To obtain access to Tract F, R.L.S. 1421, Mr. Carnes approached Robert Porter about crossing a portion of Lot 11, Willow Creek. Mr. Porter and Mr. Carnes acquired the westerly portion of said Lot 11 and signed an agreement allowing Mr. Carnes access in exchange for about 2 acres of said Tract F. Mr. Porter requested this 2 acre parcel to prevent development in the woods immediately north of his house. Subsequent to our October 12 meeting, we have prepared the preliminary plan for a Registered Land Survey to split Tract F, R.L.S. 1421 into 3 parcels. Proposed Tracts A and B are to be single family residential Lots. Tract C will go to Mr. Porter for combination with Lot 11, Willow Creek. Tract D, E, and F will be deeded to the city by Mr. Carnes, Mr. Freeburg, and Mr. Porter, respectively, for access to tracts A and B and for the walkway to Bryant Lake Park. 374? • :235 • .1.!in%5sori, ..;• • :77.: -Dick Putnam Jerry Carnes - R.L.S. December 9, 1976 Page 2 We are proposing that about a 16 foot wide driveway be constructed to serve Tracts A and with the provision that the owners of sadd tracts maintain the driveway until such time as it is constructed to city street standards. To build the access road to city standards would require the removal of many large trees and the placement of a fill that exceeds 50 feet in width at the base. The dedication for Public sites and open space would be 0.26 acres (5.29 acres x 5%). The walkway, outside the limits of the cul-de-sac, contains 0.08 acres. The walkway, therefore, should fulfill one-third of the required dedication. For the remainder, we propose to pay cash in lieu of land dedication. Both Mr. Carnes and myself will attend the Planning Commission meeting, which I understand is scheduled for December 27, 1976. If you have any questions or desire additional data, please call at your earliest convenience. Yours very truly, D. Edward Ames , Manager Land Planning & Survey Dept. cc: Carl Jullie, City Engineer Jerry Carnes orq CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 312 AN ORDINANCE RELATING TO THE LICENSING OF FOOD ESTABLISHMENTS AND SETTING HEALTH STANDARDS FOR FOOD HANDLING AND AMENDING ORDINANCE NO. 250 The City Council of the City of Eden Prairie does ordain: Section 1. There is to be inserted as a preamble to said Ordinance No. 250, the following language: The City Council of the City of Eden Prairie does ordain: Section 2. Section 1 is hereby amended by adding thereto: (bb) Church: A religious body organized to sustain public worship and recognized as such by the laws of the State of Minnesota. (cc) Civic Organizations: Groups organized for the purpose of performing functions of civic or community support nature, but excluding homeowner associations and their facilities. Section 3. Section 5 is hereby deleted; and there is hereby substituted therefore the following: Section 5. No License Required. No license hereunder shall be required for the following: (a) Churches (3) Civic organizations - for short term events such as community festivals. (0 Persons owning or operating food vehicles for which a license is not required by this Ordinance shall not be required to apply for a license pursuant to this Ordinance, but shall be subject to all other requirements of this Ordinance. First read at a regular meeting of the Council of the City of Eden Prairie this day of , 197 and finally read, adopted and ordered published at a regular meeting of the Council of said City on the day of , 19 ATTEST: Mayor 3-1 115 or' 1 r DATE: January 4, 1977 MEMO TO: Roger Ulstad, City Manager FROM: Wayne Sanders, Building Dept SUBJECT: Ordinance #312 Amending Ordinance #250 Some time ago I sent letters to churches and civic organizations, to get their feelings on the proposed Ordinance #312, No one had any objections to the proposed ordinance and some of the churches wrote letters stating that they were definitely in favor of the amendment. I am sure that this is what the churches had in mind when they made their request for a change. 37a6 B. E;r:;1 i?` Ordinarri o. 311, relating to licensing of contractors of Ih( ('it..• of 1•0( n Pra ri r (continued) MOTION: Meyers moved, seconded by Penzel, to approve the first reading of Ordinance No. 311, an ordinance relating to licensing of contractors of the Ch. of Eden Prairie. Roll Call Vote: Pauly, Penzel and Meyers voted "aye", Osterholt voted "nay". Motion carried. C. First Rendine_of Ordinance No. 312, amending Ordinance No. 250 (Food lizr,dlino Ordinance). Penzel suggested the following amendments to Ordinance No. 312: Strike existing language in "bb", and insert in lieu thereof "(bb) Church: A religious body organized to sustain public worship and recognized as such by the laws of the State of Minnesota." Add "(cc) Civic Oroanizations: Groups crgcniicci for the purpose of performing functions of civic or community support nature, but excluding homeowner associations and their facilities". In Section 5 after "(a)" add a new "(b)" to read: "(b) Civic Organizations - for short term e.vents such as community festivals", renumber present "(b)" to MOTICN: Pen7e..) moved, seconded by Meyers, to direct the staff to redraft Orciir,ance No. 312, including suggested amendments,and send a letter and proposed Ordinance No. 312 to all school officials, civic and community orc:.eni:E.-:1 ,:)ne recue.sting their feedback no later than January IS, 1976. Motion carried unanimously. D. Resolution No. 1°C2, Crime 'Prevention Continuation Grant, authorizino subm:ssion of te Grant ar.,71:lication and e:.necution of the crant ac;serrent. Public Safety Director Eacking spoke to his memo.dated December 4, 1975 outlining the grant application,and further stated that their request is for 3 men instead of 4 as this would be more in line with current budget levels in the City. 1:e further explained that the 3rd person would not be accepted if Public Safety's budget could not provide the $900.00 cash match against the salary for the third man. PenzelqueStional what the earliest time might be for the City to pick up the Individual cemplctely. Hacking answered that it would be half in 1978,and the full amount in 1979. MOTION: Meyers moved, seconded by Penzel, to adopt Resolution No. 1062 authorizing submission of the grant application and execution of the grant agreement. Motion carried unanimously. whp/jh 1/13/77 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO, 77-8 A RESOLUTION RELATING TO CHANGING THE "GREEN ACRES" TAX LAW. WHEREAS, the State Legislature has adopted cert a i n t a x l a w s w h i c h have commonly come to be known as the Green Acre s L a w s ; a n d WHEREAS, said laws were adopted to alleviate har d s h i p c r e a t e d b y t h e existing real property tax laws; and WHEREAS, it is proposed by the Metropolitan Counc i l t h a t t h e L e g i s l a t u r e charge the Metropolitan Council to study and reco m m e n d c h a n g e s t o t h e e x i s t i n g Green Acres Law to make the consequences of the G r e e n A c r e s L a w c o n s i s t e n t with the objectives of its development framewor k ; a n d WHEREAS, it is the belief of the Eden Prairie Cit y C o u n c i l t h a t s u c h changes would be inconsistent with the purpose o f t h e G r e e n A c r e s L a w ; NOW, THEREFORE, BE IT RESOLVED by the City Coun c i l o f t h e C i t y o f Eden Prairie that it Empress upon its Legislators tha t t h e M e t r o p o l i t a n C o u n c i l is not the proper body to be charged with the re s p o n s i b i l i t y t o r e c o m m e n d Changes to the existing Green Acres Law. ADOPTED by the City of Eden Prairie this day of 1977. Wolfgang Penzel, Mayor ATTEST: John D. Franc, City Clerk 31ta, January 13, 1977 TO: FROM: SUBJECT: KW:sa Roger Ulstad Keith Wall 4 0. Hennepin County Criminal Justice Council The Hennepin County Criminal Justice Council has requested our city to participate in, and become members of, this organization. They have sent a Joint Resolution and By-Laws for our council's consideration. It is thE intent of the Resolution and By-Laws to reorganize the HCCJC to serve as a forum through which local units of government in Hennepin County can by association, consultation and study, cooperatively promote improvements in the criminal justice system that transcends departments, agencies and geographical boundaries. This agency has already provided much needed assistance with the development of the 911 Emergency Phone System, the State Wide Police Communication System, Hennepin County Mutual Aid Pact and assisted communities in obtaining LEAA funds. The majority of the police agencies in the county are actively supporting this re-organization and see a definite benefit for all that participate. We would concur. 3'749 CITY Or EDEN PRAIRIE HENNEPIN COUNTY, MINNESCTA RESOLUTION NO. 77-4 JOINT RESOLUTION ESTABLISHING THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL WHEREAS, the parties to this joint resolution recognize the need for crtminal justice system planning and coordination on a countywide basis; and, WHEREAS, it is the sense of the parties hereto that the effective- ness of such planning and coordination on a countywide basis would best be served by the establishment of a criminal justice coordinating council consisting of representatives of the parties hereto for the purpose of coordinating activities which will improve and strengthen law enforcement and criminal justice, encouraging research and development activities directed toward the improvement of law enforcement and criminal justice and assisting in the development of new methods for the prevention and reduction of crime and juvenile delinquency; and, WHEREAS, the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351), and acts amendatory thereto, encourages and provides for the establishment of criminal justice coordinating councils in major urban areas to assure improved planning for and coordination of criminal justice agencies and activities within those jurisdictions; NOW, THEREFORE, BE IT RESOLVED that the Hennepin County Criminal Justice Coordinating visions as set forth to the provisions of Council be established in accordance with the pro- in the accompanying operational bylaws and pursuant the Omnibus Crime Control and Safe Streets Act of 1968, and acts amendatory thereto; BE IT FURTHER RESOLVED that the City of Eden Prairie to participate as a member of the Hennepin County Criminal Justice Co- ordinating Council. agrees 3'150 RESOLUTION NO. 77-4 Page 2 ADOPTED BY EDEN PRAIRIE CITY COUNCIL this day of , 1976 Wolfgang H. Penzel, Mayor SEAL ATTEST John D. Frane, City Clerk .37i; I 12/2/76 OPERATIONAL BYLAWS: HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL ARTICLE I. ESTABLISHMENT The Hennepin County Criminal Justice Coordinating Council (HCCJCC) is established pursuant to a joint resolution passed by Hennepin County, the city of Minneapolis and any number of suburban municipalities within Hennepin County which, together with the city of Minneapolis, contain at least 50 percent of the total population of Hennepin County. ARTICLE II. GENERAL PURPOSE The HCCJCC is established as a forum through which local units of government in Hennepin County may, by association, consultation and study, cooperatively promote improvements in the criminal justice system which transcend departments, agencies and the geographical boundaries of the individual communities. ARTICLE III. DEFINITION OF TERMS Section 1. For purposes of these bylaws, the terms defined in this article shall have the meanings given them. Section 2. "Local unit of government" shall mean any local governmental unit from within Hennepin County which is a party to the joint resolution, but shall not include a public authority, a school district, an improve- ment district or other special district. Section 3. "Member" means a local governmental unit which executes a joint resolution declaring its intent to participate. 2-ir J 11*, - 2 - Section 4. "Representative", means an individual serving on the Hen- nepin County Criminal Justice Coordinating Council on behalf of eligible member units which enter into the joint resolution. "Representative" also means an individual serving on behalf of any private Sector agency, organization and/or association related to or sharing in the responsibility for the provision of criminal justice services in Hennepin County, as well as any special departments or offices as designated in these bylaws. Section 5. "Hennepin County Criminal Justice Coordinating Council", which organization is hereafter referred to as HCCJCC, means the organi- zation created pursuant to the joint resolution of participation. Section 6. "Council" means the collective member representatives who shall serve as the governing body of the HCCJCC. IV. MEMBERSHIP Section I. Any local unit of government in Hennepin County is elig- ible for membership in and representation on the HCCJCC. Also, as provided In these bylaws, private sector agencies and/or associations related to • or sharing in the responsibility for the provision of criminal justice services in Hennepin County, as well as any specially designated depart- ments or offices, are eligible for representation on the HCCJCC. Section 2. Any local unit of government desiring to become a member of the HCCJCC may do so by the duly authorized execution of a copy of the joint resolution by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file an exe- cuted copy of the joint resolution with the Hennepin County Administrator. ViS3 3 Section 3. Any suburban local unit of government desiring to become a member of the HCCJCC shall execute a joint resolution of participation and those same units of government which execute such resolutions shall jointly have the following representation on the HCCJCC: -- four individuals, either mayors or members of sub- urban city councils, elected, through mailed nomi- nations and ballots, by the mayors and council mem- bers of participating suburban local units of gov- ernment; -- two suburban city managers/administrators selected by the Hennepin County members of the Metropolitan Area Managers Association; and -- two suburban police chiefs/public safety directors selected by the Hennepin County members of the Hennepin County Chiefs of Police Association. Section 4. Upon execution of a joint resolution of participation, the city of Minneapolis shall have the following representation on the HCCJCC: -- the Mayor of the city of Minneapolis or his designee; -- the Minneapolis City Coordinator or his designee; -- the President or another member of the Minneapolis City Council; -- the Chief of the Minneapolis Police Department or his designee; -- the Minneapolis City Attorney or his designee; and -- a community representative selected by the Minneapolis City Council. Section 5. Upon execution of a joint resolution of participation, the county of Hennepin shall have the following representation on the HCCJCC: TIsq -4- -- the Chairman or another member of the Hennepin County Board of Commissioners; -- the Hennepin County Administrator or his designee; -- the Hennepin County Attorney or his designee; -- the Chief Judge of the Hennepin County District Court or his designee; -- the Chief Judge of the Hennepin County Municipal Court or his designee; -- the Hennepin County Public Defender or his designee; -- the Hennepin County Sheriff br his designee; and -- the Director of the Hennepin County Department of Court Services or his designee. Section 6. In February of 1977 and each odd numbered year thereafter, the HCCJCC shall select four private sector agencies, organizations and/or associations for representation on the Council. Such agencies, organiza- tions and/or associations must have a direct relationship to the provi- sion of criminal justice services in Hennepin County. When selected, these private sector agencies, organizations and/or associations will be notified by the officers of the HCCJCC of their eli- gibility for representation and requested to nominate representatives. Upon notification, they shall specify their nomination for representation on the HCCJCC and, when accepted by the Council, shall be entitled to full voting privileges. Section 7. The HCCJCC is duly established when the joint resolution has been executed by the county of Hennepin, the city of Minneapolis and any number of municipalities in the county which, together with the city 3 r J 5 of Minneapolis, contain at least one half of the population of the county and when executed copies from such governmental units have been filed as set out herein. Section 8. The initial members shall be those local units of gov- ernment which execute a joint resolution of participation on or before February 1, 1977. Governmental units wishing to join the HCCJCC after February 1, 1977, may do so only upon the execution and filing of a joint resolution of participation as set out herein. ARTICLE V. GOVERNING BODY Section 1. The governing body of the HCCJCC shall be the Council. Each representative on the Council shall be entitled to one vote. Section 2. During the conduct of normal Council business or activ- ities, representatives shall serve without compensation from the HCCJCC; but this shall not prevent a representative from receiving compensation for such expenses as are incurred from his appointing authority. Section 3. A majority of the representatives shall constitute a quorum of the Council. Section 4. There shall be no voting by proxy, but each representative will be entitled to designate one alternate who shall be entitled to at- tend meetings from time to time, but may not vote in the absence of the designated representative. Section 5. Representatives shall serve at the pleasure of the ap- pointing authority. 9.")1--/ - 6 - Section 6. Three consecutive absences without good c a u s e s h a l l b e sufficient reason for the Council to find a vacancy ex i s t s i n t h e t e r m of the representative involved. The Council shall fir s t n o t i f y t h e representative of his pending termation and, if neces s a r y , t h e a p p o i n t - ing authority for the purpose of requesting the appoi n t m e n t o f a n e w representative. Section 7. Vacancies on the Council shall occur when t h e r e p r e s e n - tative ceases to hold the position which entitled hi m / h e r t o r e p r e s e n t a t i o n or for other reasons which shall prohibit the represe n t a t i v e f r o m a t t e n d - ing duly called meetings of the Council. In the eve n t s u c h a v a c a n c y occurs, the appointing authority shall be notified a n d t h e C o u n c i l s h a l l request the appointment of a new representative. ARTICLE VI. MEETINGS AND OFFICERS Section 1. Within thirty (30) days after the filing o f t h e r e q u i r e d number of joint resolutions of participation as set o u t h e r e i n , t h e f i r s t meeting of the HCCJCC shall be called and shall be he l d n o t l a t e r t h a n fifteen (15) days thereafter. Section 2. At the first meeting of the Council and i n F e b r u a r y o f each odd numbered year after 1977, the Council shall e l e c t f r o m i t s m e m - bership two co-chairmen and a vice-chairman. The of f i c e r s s h a l l b e elected officials from Hennepin County, the city of M i n n e a p o l i s a n d a participating suburban local unit of government. Section 3. The Council shall have an Executive Commit t e e c o n s i s t i n g of the Council officers and two other representative s e l e c t e d b y t h e "3151 7 Council for a term of two years. The Council may delegate authority to the Executive Committee to meet on its behalf between Council meetings. Such delegation of authority shall be by resolution of the Council and may be conditioned in such manner as the Council may deem: Section 4. The Executive Committee shall have the authority to: a. Develop administrative policies and procedures for recommenda- tion to the Council. b. Develop revisions to these bylaws and policy statements for recommendation to the Council. •c. Act as required on those matters which, because of time, must be decided upon between Council meetings. Prior notice will be provided to all Council members advising them of the subject on which such action is contemplated. d. Report actions to the Council as soon as possible, but in no event later than the first Council meeting subsequent to the Executive Committee meeting. e. Council representatives shall be advised of the date, time and location of all Executive Committee meetings. Section 5. Regular public meetings of the Council shall be held at least quarterly. Section 6. Special meetings of the Council may be called (a) by the Co-chairmen, (b) by the Executive Committee or (c) upon the written request of a majority of the representatives. Five days written notice of special meetings shall be given to the representatives and such notice shall in- clude the agenda for the special meeting. 3"151 - 8 - Section 7. Notice of regular meetings of the Council shall b e g i v e n to the representatives at least ten (10) days in advance an d t h e a g e n d a for such meetings shall accompany the notice; however, bus i n e s s a t r e g u l a r meetings of the Council need not be limited to matters set * forth in the agenda. Section 8. Complete and accurate minutes of each meeting of t h i s Council shall be maintained and copies of said minutes shall b e t r a n s m i t t e d to the legal address of each Council representative prior to t h e n e x t meeting of the Council. Upon approval and adoption of these m i n u t e s , a copy of same shall be transmitted within ten (10) days to a l l m e m b e r s and other official bodies as appropriate. Section 9. Robert's Rules of Order Newly Revised shall govern the proceedings at meetings of this Council in all matters not o t h e r w i s e g o v - erned by these bylaws. ARTICLE VII. POWERS AND DUTIES Section 1. The powers and duties of the Council shall inc l u d e t h e powers set forth in this article. Section 2. The Council may appoint such subcommittees, comm i t t e e s and task forces as it deems necessary. Membership on committee s a n d t a s k forces may be drawn from Council members and representatives a s w e l l a s from other public and private sector agencies, organizations a n d ' a s s o c i - ations. Section 3. When requested by the Couhcil, and authorized by t h e H e n - nepin County Board of Commissioners, the Council may apply f o r d o n a t i o n s , 9•1; J I - 9 - gifts or grants of money or other property from the state or federal gov- ernment or any other governmental units, or individuals, foundations or other organizations, to perform other work or activities deemed to be consistent with the scope of these bylaws. The Council may accept such aid through or with the authorization of the Hennepin County Board of Commissioners as expressed by their resolution. Section 4. The Council may study, or cause to be studied, problems or subjects relating to the provision of criminal justice services within Hennepin County. Section 5. The Council may advise and aid in the establishment of ,coordinated and cooperative criminal justice services and programs within Hennepin County. Section 6. The Council may render advice and technical assistance upon request to governmental units and agencies in Hennepin County, es- pecially in areas of an interagency or intergovernmental nature. Section 7. The Council may develop and make recommendations to local units of government and criminal justice agencies for the purposes of improving the quality and delivery of criminal justice services in Hen- nepin County. Section 8. The Council may analyze and cause to be published vari- ous statistical studies and other reports on matters related to the crimi- nal justice system in Hennepin County. Section 9. The Council shall function as the Law Enforcement Assis- tance Administration (LEAA) criminal justice coordinating council for PZU - 10 - units of government within Hennepin County and shall carry out those duties and responsibilities as provided for in the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351), and acts amendatory thereto, in cooperation with the Governor's Commission on Crime Prevention and Control. Section 10. No action of the Council shall bind or alter the power and authority of any local unit of government or agency in Hennepin County. Further, nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the participating units of government or as constituting the HCCJCC as the agent or representative of any participating units of government for any purpose except when specifically requested to function as such for those purposes as provided herein. The participating local units of gov- ernment are to be and shall remain independent units of government with respect to all services performed under the authorizing joint resolution and these bylaws. ARTICLE VIII. STAFF AND SUPPORTIVE SERVICES Section 1. Staffing and supportive services for normal Council busi- ness and activities will be provided by Hennepin County and, accordingly Hennepin County shall be responsible for the selection, employment, super- vision and dismissal of all employees serving the Council. Hennepin County will consult with the HCCJCC Executive Committee on matters rela- ting to the selection and retention of the staff supervisor. 5261 Section 2. To assist in providing this service, Hennepin County will apply for, accept and function as auditor and controller of funding made avialable under the Omnibus Crime Control and Safe Streets Act of 1968, and any acts amendatory thereto, from the Minnesota Governor's Commission on Crime Prevention and Control and any other appropriate private or pub- lic, local, state or federal sources. Hennepin County shall provide the share of matching funds necessary to qualify for such planning grant ap- plications except for those grants wherein matching funds are required for special projects which benefit or are unique to one or more partici- pating members, but not all participating members, in which instances local match requirements shall be the responsibility of the benefited members. Section 3. The responsibilities of the staff to the Council shall be those activities necessary to assist the Council in fulfilling the powers and duties outlined in these bylaws, primarily those duties and responsibilities associated with the conduct of LEAA programs within Hen- nepin County. Section 4. As provided in Section 2 of this Article and Article VII, Section 3, of these bylaws, the Council may retain special staff and sup- portive services to perform other work and activities deemed to be con- sistent with these bylaws. ARTICLE IX. WITHDRAWAL, DISSOLUTION AND DURATION Section I. Any member may, at any time, by resolution of its govern- ing body, give written notice of withdrawal from the HCCJCC. Actual - 12 - withdrawal shall not take effect for a period of thirty (30) days from the date that the written notice of withdrawal has been received by the HCCJCC. Section 2. The Council shall be dissolved (a) whenever a sufficient number of members, excepting Hennepin County, withdraw from the Council to reduce the total number of members to a level wherein the remaining members do not represent at least one half of the county population; (b). by two-thirds vote of all the representatives on the Council; or (c) by resolution of the Hennepin County Board of Commissioners. If dissolution occurs per the provisions of this section, the Council must notify its current members of its intent to dissolve and also must continue to pro- vide services to its members for at least sixty (60) days from said notice of intent to dissolve. Sectioh 3. In the event of dissolution of the HCCJCC, any property acquired as the result of the activities of the Council and any surplus monies shall be returned consistent with the provisions of federal and state laws in proportion to the contributions of the parties executing Joint resolutions after the purposes of the resolution have been completed. Section 4. The joint resolution authorizing the establishment of the HCCJCC shall continue in effect initially for one year and shall be conclusively deemed to have been renewed by the participants each year thereafter until terminated in accordance with the terms of these bylaws. ARTICLE X. AMENDMENTS Amendments to these bylaws may be proposed by any member, member representative or specially selected representative. Such proposed - 13 - amendment shall be submitted in writing to every member and representative at least thirty (30) days prior to the time it appears on the agenda of a Council meeting. Proposed amendments must be approved at the Council meet- ing by the number of votes equal to a two-thirds majority of the number of voting representatives. Before any amendment so approved by the Coun- cil representatives shall be in force and effect, it shall be subject to the approval of a two-thirds majority of the members, including the county of Hennepin and the city of Minneapolis. 376q MEMORANDUM TO: Mayor and City Council THRU: Roger Ulstad, City Manager FROM: Marty Jessen, Director of Community Services/1i SUBJECT: Nine-Mile Creek Park Improvement Project DATE: January 7, 1977 Attached is a copy of the DRAFT Agreement between the Nine-Mile Creek Watershed District and the City for the minimal development contemplated with the KaerWer Gift. Everything appears to be in order and we recommend approval where- upon it will go to the District's Board of Managers for their approval. MJ:md NINE MILE CREEK WATERSHED DISTRICT CITY OF EDER PRAIRIE West Branch of South Fork Project PARTIES The nine Mile Creek Watershed District (hereinafter "District") and the City of Eden Prairie (hereinafter "Eden Prairie"), acting by and through their governing bodies, enter into this cooperative agreement by reason of and in recognition of the fact that the overall water and re- lated land management plans for the District will be affected by the actions of Eden Prairie in adopting or permitting land uses or programs inconsistent with the District's overall plan objectives for the protec- tion; maintenance and enhancement of floodplain, open space and recrea- tional lands and the public water areas of the District. II PROJECT The land and water areas subject to this agreement are generally located along the west branch of the south fork of nine Mile Creek itame- diately west of Interstate Highway 494. These land and water areas have potential for enhanced recreational and aesthetic uses, provided that immediately abutting land areas are not fully developed for urban pur- poses. The District and Eden Prairie have as an objectivethe protec- tion of the floodplain areas and the adjacent land areas which provide the setting for the creek. III OBLIGATIONS OF EDEN PRAIRIE Eden Prairie agrees to assume responsibility to undertake and to promptly complete the ponding areas and program and to improve wildlife ?;761, habitat as more fully shown in plans prepared by Eden Prairie attached hereto as Exhibit A. It is anticipated that the projects will be com- pleted by Eden Prairie during the year 1977. IV OBLIGATIOUS OF THE DISTRICT The District shall assume and be responsible for the payment of 50 percent of the cost of the improvement up to an amount not to exceed $1,000.00. The payment to be made by the District to Eden Prairie is based upon a total estimated present cost of the project of approximately $2,500.00. V HETHOD OF PAYMIT Inc payment by the District in accordance with the terms of the agreement shall be payable upon certification by Eden Prairie that the project has been completed. It is recognized that Eden Prairie's con- tribution towards the cost of the project nay be in the form of labor, services, materials and equipment, provided that records shall be main- tained by Eden Prairie to account for expenditures and contributions in the form of labor, services, materials and equipment. In order to insure the capability of payment of the obligations due under this agreement, the District shall budget and set aside the monies required to meet the obligations of this agreement. VI SUBMISSIOR OF DEVELOPHEUT PLANS Eden Prairie agrees to submit to the District Engineer its proposed project plan. -2- 31 VI VII PUBLIC AVAILABILITY Eden Prairie agrees that the project area will be available to all residents of the area. The District recognizes that Eden Prairie may adopt ordinances and regulations covering the times and types of uses that could be made of the public areas. VIII DURATIN This agreement shall be binding on the parties through the period required to complete the project or December 31, 1977, whichever date first occurs. Additional commitments or time extensions shall require a new greement, and in the event it is anticipated that the project will not be completed by the end of the year 1977, Eden Prairie agrees to give notice of such fact on or before Sept ,?mber 1, 1976, to the District, in order that said fact can be taken into account in developing the annual budget of the District. This agreement shall be in force and effect upon execution by the parties in the manner set forth in a resolution of the respective govern- ing bodies approving the agreement and authorizing the execution of this document. Dated CITY OF EDEN PRAIRIE By And Dated NINE MILE CREEK WATERSHED DISTRICT By And -3- 5'1 68 approved 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 procedures will be of assistance to the cit y n o w and can be reviewed if necessary after the Guide Plan Update. He said the d r a f t procedures attempt to make the review process more workable and readable. Sorensen asked if the City Attorney had reviewed the drafts. The planner r e p l i e d the attorney has had some preliminary responses and would be reviewing the m i n detaia when the colawil considers the items. Snhee inquired if the procedures need be officially adopted, or if they co u l d be accepted as procedures. Sorensen felt they should be adopted by a resolution or more legal form as t h e y define the obligations of the city and developer. fivaimanquestioned if a public hearing format should be included. Discussion follm.ed regarding the necessity and value of a format Sundstrom suggested changes on the following pages: P.3,D."Optional Submission of Concept and Development Stage Plans" , shoul d b e r— P.5,1.(i c A r Tilll est it read PUD Concept and/or Development Stage . . . Motion: te-ii:Mirimoved, Schee seconded, to recommend to the City Council consideratio n o f approving the 3 draft procedures ( PUD, Zoning, Platting ), with the recomm e n d a - tions made by the commission this evening. 3%9 PLANNED UNIT DEVELOPMENT PROCEDURES ' draft Outline Page 1 2 2 2 3 3 3 4 4 4 5 5 5 6 8 8 9 9 JO Introduction PUD Requirements & Procedures A. Size B. Definition C. Application D. Optional Submission of Concept and Development Stage Plans. E. -Staff Review F. Referral to the Planning Commission. G. Planning Commission Review H. City Council Review. I. PUD Concept and Development Plan Presentation, Public Hearing Format mission Requirements A. General Requirements of PUr Concept and Development Stage Plans. B. Specific Plan Requirements. Plan Proposal PUD Development Stage Plan-Submission Requirements A. 'Project Identification. B. Plan Area Identification. C. Plan-Project Area Analysis, D. Plan Proposal. 37 '10 INTRODUCITriN Eden Prairie has utilized the PUD affectively since 1970 to implement the Comprehensive Guide Plan of 1968, Zoning Ordirance../135, Subdivision Ordinance #93 and other city 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- cedurs 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 been adopted by the City Council todate, However, modifications to the April 6, 1971 procedures have been added to keep the "process current". 3/71 The following is an outline of Eden Prairie's 1976 PUD Procedures: SECTION 11, ORDINANCE 0135 Purpose 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, yards, 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- onment 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. B. Definition I. 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. ihe PUD Loncept ridu - _ 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 Stage Plan will pass an ordinance rezoning the property to the appropriate zoning district and will take into consideration the previously approved PUD Concept Stage Plan. 2. 3/72, C. Applications 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 be 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: I. 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 Development 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, subqit Development Stage plans for the proposed PUD simultaneously with the submission of the Concept Plan. In such case, the proponent shall comply With all the provisions of the city applicable to submission of the Development Stage Plan. The Planning Commission and Council shall oonsider 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 ruo with established city, watershed, etc., policies, PUD'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. 3. 37-73 F. Referral to the Planning_Commission Upon receipt of a completed application for approval of a Concept Plan or Development Plan, the Planning Director shall refer such application to the Planning Commission for consi- deration at the first 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 POD ' Concept and/or Development 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 will also be mailed to affected property owners in the project'. area. G. Planning Commission Review The Commission may refer the PUT) 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 60 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 POD 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 POD Development Agree- ment that states the conditions upon which the PUD was approved. The City Council shall pass a resolution approving or denying the POD Concept Stage Plan. The City Council in approving the POD Development Stage Plan will direct the City Attorney to prepare an ordinance amending Zoning 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. 4. 3T1i1 1 I. 'PUP Concept Stage and/or Development Stage Plan Presentation Presentations made to the Planning Commission and City Council should be brief (1520 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 availability of audio visual equipment. Public Hearing Format Generally, the following is the Public Hearitig 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 ( 10-1S 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 REQUIREMENTS: Section 11.3, Ordinance 4135 The City Council shall adopt, and may amend specific procedures and requirements fur submission an? apnroval of PUD proposals. A. General Requirements of PUP Concept and/or Development Stage Plans: 1. One (1) copy of the completed Land Development Auliratinn form and application fee most he 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 be filed with the Planning Director a minimum of 14 days before the first meeting with the Planning Commission, S. 3-ns 3: A presubmission conference w i t h t h e C i t y s t a f f i s important to assist - the p r o p o n e n t i n d e t e r m i n i n g • the existing city policies , u t i l i t i e s a n d p l a n s affecting the proposed pro j e c t . 4. The City has found that a p r e s e n t a t i o n a n d d i s c u s s i o n of the proposed POD Concept o r D e v e l o p m e n t P l a n w i t h adjacent landowners is a p o s i t i v e . sfep'in the deliel- opment und review process. T h e c i t y s t a f f w i l l assist the proponent in set t i n g u p s u c h m e e t i n g s if desired by the proponent . • B. MID Concept Staee-Submissi o n R e n u i r e m e n t s 1. Project Identification : a. Ownership . . . purchased from, pur c h a s e d b y , nature of title, contract t r a n s f e r s c h e d u l e associations or partnershi p s , e t c , . . . b. Developer. . . owners or partners, n a t u r e o f business, previous experie n c e , n a t u r e a n d extent of participation, o t h e r c o n c u r r e n t ventures, long or short te r m i n v o l v e m e n t , intentions, etc. . . c. Fiscal, Economic . . . interim and longter m capital sources of prospect s , n a t u r e o f p a r t i - cipation, if any . . . d. Development Method. . . tract or lot sale or lease, actual construction , c o m b i n a t i o n , responsibility of common a r e a s a n d f a c i l i t i e s . . e. Development Timing. . . a "critical path" mea n s of description that includ e s p l a n n i n g , a p p r o v a l , construction sales and occ u p a n c y , e t c . , t i m i n g through the initial develo p m e n t p e r i o d . f Critical Publio Decisio n s . . . highways, utilities, parks, 'airports, etc. . g. Additional General Proj e c t Information . 2. Plan Area Identification a • Identify Poundaries and boundary con d i t i o n s . b• Identify Project Area and other major ownership s . 6 . 3776 c. Regional -Relationships as pertains to the Metro Development Guide. d. Existing Land Use abd Occupancy. e. Existing Transportation. f. Existing Zoning.. g. Guide Plan or sector plan amendments. h. General Analysis and conclusions. 3. Plan-Project Area Analysis a. Topography, Slopes. b. Soils. . . surface and generalizedsubsurface. c. Vegetation . . . quality as well as location & type. d. Water . . . streams, lakes, marsh, ponds, drainage, subsurface, floodplains, . . e. Photographic Analysis . . . photographs of the site sufficient to convey its general visual qualities and relationship to area. f. General Natural Ecological Analysis 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 arteriarT—F-6-1-lectors 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 Facilities. . . plan designa- tion and description including ownership and development responsibility, maintenance and phasing. 7 . 37-0 e. Utilities Schematic. . . indicating trunk and lateral distribution scheme for water, sewer and power, drainage patterns and schematic struc- tural requirements. . . f. Mass Grading. .. plan designation of major excavation or fill areas required to create access or prepare sites for structures in schematic form. g. 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 best estimate of future stages of development in chronological order. . . 1. .Housing-Population Profile. . . identification ' of proposed housing inventory by type and cost. Profile of project population by age groupings. j. 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. 1. Additional Information or documentation which help s to illustrate the PUD Concept Stage Plan. C. PUD Development Stage Plan - Submission Requirement s : 1- Project Identification: a. Ownership. . . purchased from, purchased by, natur e of title, contract transfer schedule, associations or partnerships, etc.,.. b. Developer. . . owners or partners, nature of busi n e s s previous experience, nature and extent of partici p a t i o n other concurrent ventures, long or short term inv o l v e - ment intention, etc.... c. Fiscal, Economic. . interim and long term capital sources of prospects, nature of participation , if any. . . el. Development Method. . . tract Or lot sale or lease, actual construction, combination, responsibility of common areas and facilities. . . 8. '3-177 e. Development Timing. . . a "critical path" means of description that includes planning, 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. necessary to explain the unique characteristics of the Additional General Project Information. . . as may be project. 2. Plan Area Identification: • IdentifY Boundaries and boundary conditions. ' b 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 OccupancK. e. Existing Transportation Systems. . . pedestrian, auto, etc. . . f. Existing :Zoning. g. Guide Plan and PUD Concept Stage Plan Framework. h• General Analysis and conclusions. 3. Plan-Project Area Analysis a. Topography, Slopes. b. Soils. . . surface and subsurface conditions that may affect construction. C. Vegetati • on. . . quality as well as location. d• Water. . . streams, lakes, marsh, ponds, drainage, subsurface, floodplains. . . e • Photograp_hie Analysis. . . photographs of the site sufficient to convey its general visual qualities and relationship to area and proposed development. f• General Natural Ecological Analysis and conclusions. 9, 4. Plan Proposal: a. Development Objectives. . . as they implement the Concept Plan's goals and specific project objectives. b. Site Plan. . . depicting specific site layout with roads, pathways, buildings, open space, landscaping,. - and other site design features. c. Grading. . . completed illustrating to 2 foot contour intervals the site alteration necessary to complete the planf . d. Utility Plan. . . which illustrates the easements, and general sewer, water, and power services to . all uses. e • Preliminary Architectural Drawings. . . normal detail achieved during "design development phase" 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/Building Use Profile. . . computations of gross/leaseable square footage , housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc. . h. Zoning Classifications and/or Variation from,City Ordinances. . . listing of zoning district changes needed, variances from City ordinance provisions, i. Phasing 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. JO. 3-170 col raffia • ZONING SUMMARY Outline Page Introduction Zoning Process Outline: A. Zoning Ordinance B. Zoning Map C. Initiation of Zoning Application D. Applications E. Optional Submission of Zoning and PUD or Preliminary Plat F. Staff Review G. Referral to Planning Commission H. Planning Commission Review I. City Council Review Reapplication K. Minnesota Environmental Quality Council L. Public Presentation Submission Requirements: A. General Requirements B. Specific Plan Requirements C. Site Area Analysis 2 2 2 2 2 3 3 3 4 4 4 4 5 6 6 6 7 MI 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 be 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 public utility services and construction of the project. " 1. 31 7), ZONING PROCESS OUTLINE A. Zoning Ordinance Ordinance #135 is the document in which the city's zoning process is discussed in detail. Copies of : a) Ordinance #135,b) Appendix A - legal descriptions of all property zoned, c) Ordinance #141 replaces Sections 1213 of Ordinance 5135 Parking G Loading, d) Ordinance #261 replaces Section 14 Signs, e) Ordinance #276 Floodplain Ordinance, and f) Ordinance 93 Subdivision Ordinance arc reference documents necessary to prepare a zoning application. Copies may be obtained from the City Hall . B. Zoning Map The City Zoning Map 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 boundaries or most current zoning information , the legal descriptions contained in Appendix A and subsequent zoning ordinances are the most accurate source. C. Initiation 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 PUD development stage appli- cation. " (refer to PUD Procedures, dated D. Applications Applications for 'approval of a zoning district change 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 dcsposit or a portion thereof, will be 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 development review. 2. 31Z 3 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 of all fees and cost for city review must be paid prior to further city consideration. Each application shall contain the required information for Zoning District change or additional information and sub- missions as may be prescribed by the Planning Commission. The applicant shall provide a letter authorizing the city to erect one or more "Land Development Signs" which idnetifies 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. E. Optional Submission of Zoning and PUT) or Preliminary Plat The proponent may, jut his option, submit PUT) 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 applications. 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 Planning Commission Upon receipt of a complete zoning district change application, the Planning Director shall refer such application to the Planning Commission for consideration at the first regular meeting of such commission 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 hearing with noticepublished in the official newspaper of the city prior to the day of the bearing. Notice of the meeting will also be mailed to affected property owners in the project area at least S days prior to the meeting. 71q H. Planning Commission Review The Commission may refer the Zoning Application to other City . advisory commissions or other appropriate governmental review agencies at its descret ion. The Commission shall review the plabs and make a recommendation to the City Council within 60 days of its first consideration unless an extension is agreed to by the proponents. i. City Council Review The City Council upon receipt of the Planning Commission's recommendation on the zoning application and written request from the proponent, will set a public hearing to consider the application. Notice of thepublic 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 at least 10 days prior to the day of the public hearing. TheCity Council after review of the zoning request, advisory commission recommendations -, staff recommendations and public comment, may approve(by a 2/3 -two thirds-vote ,f council . members), deny, Or recommend revisions or reppplication. The City Council in approving a zoning district change will direct the City Attorney to prepare an ordinance amending Zoning Ordinance if155 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. J. Reapplication No application for the same or substantially the same change 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 Environmental Assessment worksheet as required by the rlinnesota Environmental Quality Council Rules and Regulations ( Minn.Reg. DEQC 21 ) pursuant to the Environmental Policy Act of 1973. The Planning Director will assist the proponent in such a determination as to the need for an Environmental Assessment. 3IE L. Public Presentation Presentations made to the Planning Commission and City Council should be 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 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 review and question proponents, opponents, staff. 7. Council/commission close or continue the Public Hearing and determine the necessary action. 5. 3') G. SUBMISSION REQUIREMENTS A. General Requirements f o r Z o n i n g p i s t r i c t C h a n g e P l a n s : 1. One (1) copy of the compl e t e d L a n d D e v e l o p m e n t Application form and appl i c a t i o n f e e m u s t b e f i l e d • with the Planning Directo r a m i n i m u m o f 2 1 d a y s before the first Planning C o m m i s s i o n m e e t i n g . 2. Thirty (30) copies of the a p p l i c a t i o n m a t e r i a l shall be filed with the Pl a n n i n g D i r e c t o r a minimum of 14 days before t h e f i r s t m e e t i n g w i t h the Planning Commission, 3. A presubmission conferenc e w i t h t h e c i t y s t a f f i s important to assist the p r o p o n e n t i n d e t e r m i n i n g the existing city policie s , u t i l i t i e s a n d p l a n s affecting the proposed pro j e c t . 4. The city has found that pr e s e n t a t i o n a n d d i s c u s s i o n of a proposed zoning chan g e w i t h a d j a c e n t l a n d o w n e r s is a positive step in the d e v e l o p m e n t a n d r e v i e w ' process. The city staff w i l l a s s i s t t h e p r o p o n e n t in setting up such meetin g s i f d e s i r e d b y t h e proponent. Specific Plan. Requirement s 1. Ownership. . . purchased f r o m , p u r c h a s e d b y , n a t u r e of title, contract', transf e r s c h e d u l e , a s s o c i a t i o n s or partnerships, 'etc. . . • 4.4 2. 'Developer. . . owners or. p a r t n e r s , n a t u r e o f b u s i n e s s previous experience, natu r e a n d e x t e n t o f p a r t i c i p a - ton other concurrent vent u r e s , l o n g o r s h o r t t e r m involvement intention, etc . . 3. Fiscal, Economic. . . int e r i m a n d l o n g t e r m c a p i t a l sources of prospects, natu r e o f p a r t i c i p a t i o n , i f .any. . 4. Development Method. . . tr a c t o r l o t s a l e o r l e a s e , actual construction , com b i n a t i o n , r e s p o n s i b i l i t y . of common areas and facili t i e s . . . S. Identify Boundaries and b o u n d a r y c o n d i t i o n s . 6. Identify Project Area and o t h e r m a j o r o w n e r s h i p s . 7. Regional Relationships tha t m a y b e i n f l u e n c e d Or have had signficant impact u p o n t h e p r o j e c t . 8. Existing Land Use and Occu p a n c y . 6. 3'7 7'1 9. Existing Transportation Systems. . . pedestrian, auto, etc. . . . . 10. Existing Zonings. 11. City Guide Plan Framework, 12. Critical Public Decisions. . . highways, utilities, parks, airports, zoning, platting, environmental review, etc. . . 13. .Additional General Project Information. . . as may be necessary to explain the unique characteristics of the project. C. Site Area Analysis 1. Development Objectives.— 2. Site Plan. . . depicting specific site layout with roads, patnways, buildings, open space, landscaping, and other sit( design features. 3. Grading. . . completed illustrating to 2 foot contour intervals the site alteration necessary to complete the plan. 4. Utility Plan ... . which illustrates the easements, and general sewer, water, and power services to all uses. S. Preliminary Architectural Drawings.. . . normal detail achieved during "design development phase" of architectural design process ( does not .include single family detached housing ). 6. Legal Iastruments for Plan Implcmentation. . . homeowner's association documents, scenic pathway, drainage, or other easements and private documents, etc . ., . 7. Housing or Land/Building Use Profile. . . computations of gross/12aseable square footage, housing unit break- down to square foot, bedrooms, persons/unit parking requirements, etc. . 7 . 3771 8. Zoning Classification and/or Variations from City Ordinances. . . Fisting of zoning district changes needed, variances from city ordinance provisions, etc 9. Phasing and Construction Schedule. . . explanation of development 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. 370 draLA PRELIMINARY PLAT PROCEDURES Out Page 1 Introduction 2 A. City Review Procedure 2 I. Review 2 2. Filing 2 3. Filing Fee 2b 4. Nearing 3 S. Report to Council. 3 6. City Council Action 3' B. Data for Preliminary Plan 3 1. Identification & Description 4 ;. 2. Existing Conditions 5 .3. Subdivision Design Features 6 4. Other Information 6 C. Ordinance N332-Park & Open Space 3190 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 are 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. 1. A. City 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: (1) Review. The preliminary plat shall be submitted to the Planning Director who shall review same to ascertain if said plat with the regulations as herein set forth. If the Planning Director finds the material sufficient and in conformance, the plat shall be given a file number and scheduled for the Planning Commission's agenda. (2) Filing. thirty (30) copies of the proposed plat shall be filed with the Planning Director. The required filing fee shall be paid and any neces- sary applications 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 erect one or more "Land Development 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 sign(s). 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. (3) Filing Fee. The fee to be paid for filing an application shall be twenty-five dollars ($25.00), plus one dollar ($1.00) for each lot or dollars ( ) per acre on non-residentiaf - property. (4) Dearing. 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 Planning Commission shall conduct the hearing and report upon findings and make recommendations to the City Council. Notice of said hearing shall be published in the official newspaper at least seven(7) days prior to the hearing. Refer one (1) copy of the preliminary plat to each member of the Planning Commission for their examination and report. The City Engineer and Planning Director shall provide the Planning Commission a copy of their report (a) at least 9 days prior to the hearing. (b) n9a 2. (c) 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. 3793 (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 filed . 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 Engineer but not less than 1"=50 feet. The preliminary plat of the proposed subdivision shall contain or have attached thereto the following infor- mation: 1 Identification and Description: (a) Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the County. (b) Legal description of property according to the records in the office of the Register of Deeds. 3. (e) Name and addresses of the owner, owner's agent, subdivider, surveyor and designer of the plat. (d) Graphic scale. (e) 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 oi 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 lines, 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. ( j) At least two (2) percolation tests shall be required by the City Engineer where appropriate. 3795 4. 3 • Subdivision Design Features: (a) Layout of proposed streets, including 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 te:.tative .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 make 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 hy the Council will be used in evaluating the .plat and the plat's conformance with those ordinances and plans shall he reported to the Planning Commission and City Council by the Engineer and Planning Director. . 5. 77`)10 Residential Units Per Acre . Single Family Detached All other residential uses Commercial/Office/Industrial Uses Pee per Unit $ 275 $ 200 $1,200/acre 3'799 ( j) The preliminary plat shall be in conformance with the PUD and/or Zoning Agreement for the • subject site. The Planning Director shall provide the applicant with copies of any agreement stating conditions affecting the subject site. Such an agreement may provide for variances or special conditions for utilization of the site. 4. Other Information: (a) Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units, type of business or industry so as to reveal the effect of the development on traffic; fire hazards or congestion of population. (b) Water supply source. (c) Provisions for sewage disposal, drainage and flood control. (d) Notation made as to the installation of curb and gutter, sidewalks, boulevard improvements 0 and the location of street trees. (e) Proposed protective covenants or deed restrictions. (f) Location of proposed street lights, and easements, and ;he utilities of electricity, gas and tele- phone. All such utilities are to be underground. C. Ordinance #332, Park and Open Space Adopted June 8, 1976, Amending Section 11, Ordinance 4193 Relating to Parks, Playgrounds, Public Open Space, storm water holding areas or ponds. Section 11: Subd. 1. Parks, Playgrounds, Public Open Space, Storm Wate r lioldijig Areas or Ponds ... The owner or owners of land being subdivided for residenti a l , commercial, industrial or other uses, or as a planned unit d e v e l o p - ment which includes residential, commercial and industria l u s e s , or any combination thereof shall dedicate a reasonable po r t i o n o f each proposed subdivision to the public for public use as p a r k s , playgrounds, public open space or storm water holding are a s o r p o n d s ; or at the city's option, the subdivider shall contribute a n e q u i v a l e n t amount in cash based on the following schedule which is h e r e b y determined to be the fair market value of the undeveloped l a n d . 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 playgroun d 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. 319? January 18, 1977 CITY OF EDEN PRAIRIE . HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-7 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT ON PROJECT I.C. 51-298 WHEREAS, it is proposed to improve: I.C. 51-298, Storm sewer and street improvements near T.H. 5 and County Rd. 4 and assess the benefitted property for all or a portion of the cost of the improvements pursuant to M.S.A. 429.011 to 429.111. NOW. THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke Carroll Muller Associates, Inc., and that a feasibility report shall be prepared and presented to the City council with all convenient speed, advising the Council in a prelimi- nary way as to the scope, cost, assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 3/99 MEMO TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer January 13, 1977 Petition for Storm Sewer and Street Improvements T.H.5/Co. Rd. 4 Area I.C. 51-298 New petitions (copy attached) have been received requesting storm sewer improvements in the vicinity of the northeast quadrant of County Rd. 4 and Trunk Highway 5. The drainage area affected is outlined in red on the attached location map. Also, a petition has been received for com- pletion of Ontario Boulevard (Westgate Boulevard) down to T.H. 5. In November of 1975, a similar petition was received and the Council ordered a feasibility study, but the study was to proceed only if the • petitioners would agree to pay for the cost of the study if the im- provements wer& not ordered following a public bering. The petition- er (D. Goryeal d e cided not to 1...rsue the project at that time, bat rather made arrantcl.etts to excavate a ditch tc the cast in order to lower the pond level on his property, which had been unceasing yearly because the old drain tile systeM became inoperative. Now, the property owners to the cast (R. H. Gardner) desires to finish the street (Ontario Boulevard) and build on more of the platted lots in the East Westgate Addition. The storm sewer part now being petitioned must be installed before that street can be finished. Mr. Gonyea also wants to develop.his property in the near future and desires to have the required drainage pond constructed on his property. As noted on the drawing, approximately 60 single family homeowners in the School Addition, Kirk Meadows and Westgate Additions will be involved in the storm sewer project. Also, drainage from the new Prairie Village Mall and the Immanuel Lutheran Church flows to the pond area and proposed storm sewer system. A very preliminary estimate of the cost of the improvements is $200,000. A feasibility report would of course provide the preliminary design, a detailed cost estimate and proposed assessment rates. The estimated cost for the feasibility study is $5,000. . It is recommended that the City Council adopt Resolution No. 77-7 and pro- ceed with the feasibility study as petitioned, CjJ:kh Attachment 31.06 Names of Petitioners (l'ost Be Prc ,pertv Cwners) 1 C (* :) (' • t. Tntercontinenal Engine'ering & vev. Co. CITY OF EDEN PRAIRIE,'MINNEBOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (General Location) -Sami,e•ar-y-Secter 441.7.te.44w4a ether St:cet ;l-(:5E, or Or lygal i")iption of Scrvc-i Lots 30 thru 39, Block 4 1.7stcato Lots 24 thru 27, 310ck 7 :Ar.3diticn Lots 15 t:ru 23, '1lock 7 47 ,7,stcate Aidition • Prairie Villase Mall - •i; Prairie Village Yall - A , 14 66 r(' ALF (t -V.1.41 9,„y (For City Use) • Date Received Project No. Council Consideration In Ontarlo (Westgate Boulevard and such other , X Ctorm Sewer property as required for planned drainage-district to allow construction of-Ontario Boulevard from .t-tk,a,:tc-4 -,•:=i1 T.H.5 to Project 51-292 , 3Z01 Names of Petitioners (Must Be Property Owners) j-7-1) . . Intercentiiisiitii -T:ne:::771:::1::.--i -ri:4--et.r.-'-t. By: :-1._-..,.. CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (General Location) Sanitary Sower If-required in Ontar1V -(WUStgate b.CVd.) X waterraain from T.H.5 to Project 51-292 including Cul-de-Sac In Ontario -rWeslgate) HEnTllyara & blocks X Storm Sewer 4 & 7 Westgate Addition Ontario (Westgate).-13-67-11-diard tram T .H.5 X .Stu'.. Povij to Project 51-292 including Cul-de-Sac Other Street Acklrucr Cr Other Legal Pc..s:7ripti.7.r) of prcTer:y_to be .Fcrved Lots 3-6- thru 39, Block 4 stst ,P.ddition Lots 24 thru 2 7 , Lots 15 thru 23, Block -r- W:'.stcata Aiiition (For City Use) Date Received Project No. Council Consideration ?)-10. January 18, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-6 BE IT RESOLVED by the Eden Prairie City Council as follows: 1. A public hearing shall be held on the 15th day of February, 1977, at 7:00 P.M. at the Eden Prairie City Hall to consider the vacation of Earl Drive and the drainage and utility easements in Topview Acres 1st Addition. 2. The City Clerk shall give proper legal notice of such hearing as required by law. (Two weeks published and posted notice). ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk !;1'11E2IN • SiEWARI WILDING :n 42r. NICLI 1,r1 AVI.N ,.:1: • MINNEAPOLIS. MINNL`.;OTA 5',I21 • 81Z/81i6-36(.4 \I WS IFIV4F1 ANN STF.1 December 1, 1976 IMANACI R. ZYG PHILLIP Honoratle Wolfrang Fenzel, Mayor 6932 Parerry Lane ieri Prairie, Yinnesota 55343 proposed -roposed Project - Stewart Hirhlands ::ar Y.sycr Pennel: ::-. 7%:Ez•::'.:- riEht, Deoember 7, we of Stewart Iroperties an:1 our can- inc frm, Harry L. Johnson Companies, are ocheduaed to Lppeetr 1 ,:fcre the L ..:En "..rairie City Couroil to ask for apprcv .,1 of our ap7licaton to rc -zone our 20.4 acres from Rural to it.E 6.5 zoninc, which falls within the 1968 Ccmprehcnsive Guide Plan. (This 7.7m.:y is r,cw ";:nown as Top View Acres, 1st .LCCition.) .:e f ..;.:.ther i-rt-, aF:r for preliminary plat approval WITH NO VA -r.IANCES. ee: vacr:tion of :arl Prve so that the proposed plat N ( wt .::: a diff&rent street 'rraylierr..ent. t . ff r:.or7,r i0 c ..::,.r ::-:I.t,r 13 1,rc- in*.h7:,r.::-Infr;„- Coszion, th:ls wa3 cl;:c7_.:Id a r.taL,c.nable t, ::-.aF..Ich as o'ot,-plan cans for cc:,:raf.:.teiy resf:t;:ntfal t;:aze cf 17r.a Ir:o.l-rty..,n:-: it saefros likely, from rocent comments, tnat the ad may be a considerable distance from our property. attacing, a copy of a letter from Bailey Seida, planner for .TOnson Cc:npanis, our consultants, and this outlines quite th:.rcui.hly the steps we took prior to our re-submittal to the Planning omnisliOn on Noventer 8, 1976, at which meeting our proposal was reccmenisd for atproval by the City Council on a 4-to-1 vote. We respectfully rcquest that, should there be objections which we :re unable to solve at the meeting on December 7, that we be informed of these objections So that we may have an opportunity to try to respond to them or to make whatever changes are necessary in order to receive approval. We ask that, in the event there are outstanding and unresolved questions or problems in the mind of any member of the Council, that the Council 1),.eraiur ,:. for 25 yenrs. of 11Tf3e AM M ftereo Aritat ft eio nuS not take action on December 7 and that the Public Hearing he Continued over to the next regularly scheduled Council meeting so that we may avoid the delays and time consuming cots for the City a:.d for ourselves in the re-publication processes. We sincerely hope that we may resolve any and all questions at the December 7 meeting and that our project will rtceive appro-:al of Council so that we :Lay proceed to plan for spring construction. ne thanl; you in advanc for each and every courtc.•iy and coeration er.-.enc::ed to us in the weighing of our proposal. With kindest regards, 4 1 kL;-- ' cc: Ooan Meyers, Sidney Pauly, Billy Bye, Tim Pierce 3Vo January 7, 1977 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: payroll 12-31 payroll 6,288.19 Donations withheld 48.92 Services-Mitchell Lake-Pemtom and Westgate E. Add. 476.00 Reimburse fund 41.32 Workshop registration for (476.00:7 4,876.82 ' 6,064.67 1 Building dept. inspectors 180.00 01-07-77 9501 CRIMINAL LAW SEMINAR Seminar on criminal law for Public Safety dept. 25.00 9504 ASTLEFORD EQUIPMENT CO. Equipment parts 188.33 9505 EARL ANDERSEN Supplies-Park Maint. 10.12 9506 AMERICAN WATER WORKS ASSN. Dues-Carl Jullie 100.00 9507 BATTERY WAREHOUSE SERVICE Equipment parts 80.16 9508 BROWN PHOTO Photo finishing-Public Safety 14.19 9509 CROWN RUBBER STAMP CO. Desk signs-Public Safety 21.00 9510 CITY OF EDINA Water samples 18.00 9511 JOHN CONLEY Prisoners meals 8.37 9512 CARGILL SALT Deicing salt 244.73 9513 DWYER SALES CO. Tools-Water dept. 85.15 9514 ESS BROTHERS & SONS Brate-Water dept. 38.00 9515 EDEN PRAIRIE SCHOOL City share of Community Education and battery cables for Fire dept. 4,471.17 9516 ELVIN SAFETY SUPPLY First aid kits-Park Maint. 58.14 9517 CHRIS ENGER Minn. registration fee 15.00 9518 FRANZ ENGINEERING REPRODUCTIONS Service-Engineering dept. 111.72 9519 FORSTNER FIRE APPARATUS Equipment parts 105.16 9520 GROUP HEALTH PLAN Employees insurance for Jan. 359.86 9521 CHARLES GOULD Refund overpayment on kennel license 12.00 9522 GOVERNMENT TRAINING SERVICE Registration for Carl Jullie 30.00 9523 GUY'S AUTO SUPPLY Equipment parts 4.05 9524 GENERAL COMMUNICATIONS Radio repairs-Fire dept. 84.85 9525 GUNNAR ELECTRIC COMPANY Services-Park dept. Maint. and development 5,485.50 9526 GMC TRUCK Carbarator 87.50 9527 GENERAL OFFICE PRODUCTS CO. Table-Public Safety dept. 50.89 9528 HOT FISH SHOP OF ANOKA Refund for investigation fee for liquor license 1,500.00 9529 DIANNE HANSON Mileage 6.60 9530 HENNEPIN COUNTY Equipment rental-Public Safety and Fire dept. 1,704.80 9531 JACK HACKING Expenses 36.00 3'11,0 1 9502 UNIVERSITY OF MINNESOTA 12-23-76 3330 VOID OUT CHECK 12-29-76 3360 STATE OF MINNESOTA Taxes withheld for December 3361 FEDERAL RESERVE BANK Taxes withheld 12-24 and 12-31 336? PUBLIC EMPLOYEES RETIREMENT Employers contribution and ASSN. employees withheld 12-24 and 3363 UNITED WAY 01-07-77 3364 BRAUN ENGINEERING 01-04-77 9501 PETTY CASH January 7, 1977 69.56 10.00 101.10 143.85 189.10 454.00 102.40 195.00 200.00 272.98 155.80 1,313.00 12.92 25.00 45.00 103.85 13,076.47 1,500.00 71.00 509.25 629.77 1,302.00 100.00 433.33 33.00 30.00 2,812.82 93.25 2.00 9.90 46.40 67.74 45.00 327.46 64.34 480.38 24.84 22.01 100.00 2.00 21.61 150.80 01-07-77 9532 HOPKINS DODGE, INC. 9533 INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS 9534 MARTY JESSEN 9535 JAMES JENSEN 9536 JONES CHEMICALS, INC. 9537 HARRY JOHNSON COMPANIES, INC. 9538 CARL JULLIE 9539 ELIZABETH JOHNSON 9540 JANSKI AND GIBSON 9541 KARULF HARDWARE 9542 KRAMER'S HARDWARE 9543 LEAGUE OF MINNESOTA CITIES 9544 JOHN LATZKE 9545 MATT'S AUTO SERVICE 9546 METRO PRINTING, INC. 9547 ROBERT MARTZ 9548 METROPOLITAN WASTE CONTROL COMMISSION 9549 MAYVIEW RADIO 9550 3M BUSINESS PRODUCTS 9551 METROPOLITAN ANIMAL PATROL 9552 MINNEGASCO 9553 MINNESOTA TREE, INC. 9554 NATIONAL RECREATION AND PARK Assn. 9555 NORTHWESTERN BELL 9556 PITNEY BOWES 9557 J. C. PENNY 9558 PHYSICIANS HEALTH PLAN 9559 PEPSI-COLA 9560 JOEL SCHAUBERT 9561 SIR KNIGHT CLEANERS 9562 SCHRER BROTHERS LUMBER 9563 ED SORENSEN 9564 DONNA STANLEY 9565 SATELLITE INDUSTRIES, INC. 9566 ST. PAUL STAMP WORKS, INC. 9567 GORDON SMITH CO. 9568 SEELYE PLASTICS, INC. 9569 TOWN'S EDGE FORD, INC. 9570 ROGER ULSTAD 9571 THE UPPER MIDWEST COUNCIL 9572 SANDY WERTS 9573 WILCOX PAPER CO. 9574 WATER PRODUCTS CO. 9575 WESTERN LIFE INSURANCE 9576 STEVE GEIGER 9577 DONNA HYATT 9578 ALLEN LARSON 9579 SUSAN ANDERSON 9580 JACK HACKING 9581 DANIEL BETLOCK Equipment parts Membership dues-Robert Martz Dec. expenses Services and expenses for work on model of Round Lake Park Chlorine-Water dept. Services-Testiment Church Dec. expenses Dec. services Services-Park dept. Supplies Supplies Membership dues Mileage Towing service Service-Public Safety dept. Dec. expenses January sewer charges Radios Copy machine-Public Safety Dec. services Service Pick up of diseased trees Dues-Park and Rec. Commission Service Postage meter Speedometer test-Public Safety Employees insurance for Jan. Employees pop Refund on snowmobile safety class Service-Public Safety dept. Materials-Old shop Dec. expenses and mileage Dec. services Portable restrooms-Park dept. Dog tags Fuel, parts and garage supplies Water sample lines-Water dept. Equipment repair service January expenses Books-Community services Dec. expenses Xerox paper Meters and repair parts-Water dept. 627.72 Employees insurance for Jan. 606.50 Uniform allowance 275.00 Uniform allowance 50.00 Uniform allowance 150.00 Uniform'allowance 50.00 Uniform allowance 275.00 Uniform allowance 275.00 ii January 7, 1977 01-07-77 9582 JOYCE NOLTE 9583 THOMAS BROWN 9584 JAMES MATSON 9585 KEITH WALL 9586 BILL BLAKE 9587 CURTIS OBERLANDER 9588 ROGER DANIELSKI 9589 ROBERT TYSON 9590 LES BRIDGER 9591 JAMES CLARK 9592 NATIONAL RECREATION AND PARK ASSN. Uniform allowance Uniform allowance Uniform allowance Uniform allowance Uniform allowance Uniform allowance Uniform allowance Uniform allowance Uniform allowance Uniform allowance Dues for Marty Jessen TOTAL 275.00 275.00 275.00 275.00 275.00 275.00 275.00 275.00 275.00 275.00 50.00 62,914.36 ?,209