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Home My WebLink AboutCity Council - 03/01/1977 EDEN PRAIRIE CITY COUNCIL JOHN FRANE TUESDAY, MARCH 1, 1977 COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF: 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 ALLEGIANCE ROLL CALL 1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of the Council Meeting held Tuesday, February 8, 1977 Page 3985- B. Minutes of the Council Meeting held Tuesday, February 15, 1977 Page 3989 1I1. PUBLIC HEARINGS A. Sanitary Sewer and Watermain Improvements on Heritage Road, Page 3995 I.C. 51-290 (Resolution No. 1220) Continued Public Hearing B. Vacation of residue portion of West 78th Street near T.H. 169 Page 3998 (Resolution No. 77-27) C. Mark Allen Lewis request for a 30 foot setback on Lot 2, Block 3, Kincjs Forest Addition to Stevens Heights D. Eden Prairie Industrial Park PUD and Rezoning to Industrial Page 3912 & -Ordinance No. 77-9 and Resolution No. 77-19) Continued 4000 Public Hearing E. Garrison Forest b& The Preserve. Request to preliminary plat Page 4001 and rezone 16 acres from Rural to R1-13.5 for 51 single family lots. The site is located east of Amsden Hills and West of Co. Rd. 18. (Ordinance No. 77-11 and Resolution No. 77-26) F. Board of Appeals & Adjustments Ordinance No. 77-6, amending Page 4009 Ordinance No. 135 IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Carnes RLS, request for approval of an RLS of Tract F of Page 3737 & RLS 04121 into 6 lots. The approximate 5.5 acre site is located 4014 north of lots 10-11, Willow Creek Addition. (Continued from January 18,1977) B. Mr. Helle's request for rezoning • Council Agenda - 2 - Tues.,March 1, 1977 V. OROINANCES & RESOLUTIONS • A. 1st Reading of Ordinance No. 77-12, amending Ordinance No. 315, correcting legal description on Minnesota Protective Life property B. 2nd Reading of Ordinance No. 77-7, relating to the creation of a Page 4015 Planning and Zoning Commission for the City of Eden Prairie and repealing Ordinance No. 255 C. 2nd Reading of Ordinance No. 77-5, relating to the Historical Page 4020 and Cultural Advisory Commission and amending Ordinance No. 346 • D. 2nd Reading of Ordinance No. 77-4, relating to the Industrial Page 4022 Commission for the City of Eden Prairie and amending Ordinance No. 79 E. 2nd Reading of Ordinance No. 77-2, relating to the Human Rights Page 4024 Commission and amending Ordinance No. 111 as amended F. 2nd Reading of Ordinance No. 77-3, relating to the Parks, Recreation Page 4026 & Natural Resources Commission and amending Ordinance No.291 'G. 1st Reading of Ordinance No. 77-13, relating to the Building Page 4028 Codes and amending Ordinance No. 248 VI. APPOINTMENTS A. Appointment of 3 members to the Planning & Zoning Commission for three year terms to commence March 1, 1977 • B. Appointment of 3 members to the Historical and Cultural Commission for three year terms to commence March 1, 1977 C. Appointment of seven members to the Industrial Commission for three year terms to commence March 1, 1977 0. Appointment of one member to the Parks, Recreation & Natural Resources Comnission for a three year term to commence March 1, 1977 VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members B. Reports of Advisory Commissions C. Report of City Manager 1. Status Report on Fire Department Capital Improvement Program Page 4030 • Council Agenda - 3 - Tues.,March 1, 1977 • D. Report of Director of Community Services 1. Consider bids for tractor and bucket truck 2. Request to advertise for bids for log loader E. Report of City Engineer 1. Approve plans and specifications and order advertisement for Page 4035 bids on utility and street improvements in Forest Knolls 2nd Addition, I.C. 51-294. (Resolution No. 77-29) 2. Approve plans and specifications and order advertisement for Page 4036 - bids on utility and street improvements in Stewart Highlands, I.C. 51-299. (Resolution No. 77-28) 3. Final Plat approval for Maple Leaf Acres 2nd Addition. Page 4037 (Resolution No. 77-31) 4. Joint Use Rental Agreement with Metropolitan Waste Control Page 4040 Commission for the Duck Lake - 1 Trunk Sanitary Sewer 5. RLS for The Preserve Church Site at Center Way and Anderson Page 4043 Lakes Parkway r ' F. Report of Finance Director 1. Clerk's License List Page 4044 2. Payment of Claims Nos. 9851 - 9955 Page 4045 VIII. NEW BUSINESS A. Discussion of City Manager's Salary IX. ADJOURNMENT • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 8, 1977 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney Harlan Perbix; City Engineer Carl Jullie; Planning Director Dick Putnam; and Joyce Provo, Recording Secretary ' INVOCATION: Councilman Dave Osterholt ' PLEDGE OF ALLEGIANCE ROLL CALL: All members present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • MOTION: Osterholt moved, seconded by Bye, to approve the Council Agenda as published. Motion carried unanimously. II. PUBLIC HEARINGS (Private/Public PUD's) A. Miley's Sprinkler System rezoning, County Road 1 & U.S. 169 PUD. A planned unit development for approximately 25 acres of industrial and residential uses and first phase rezoning of the Miley Sprinkler System site from Rural to I-2 Park. The PUD is located in the northwest quadrant of U.S. 169 and Co.Rd. 1. Skip Hawkinson, appeared before the Council on behalf of the proponent and outlined the request. Planning Director Putnam spoke to the Planning Staff Reports dated December 8, 1976 and January 19, 1977, and the recommendation made by the Planning Commission at their meeting held December 13, 1976. Mr. Darkenwald, representing Mr. Miley, responded to a question from Meyers regarding the easement which exists on the property, stating that the easement will be used until the new road is put in. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and • adopt Resolution No. 77-18, approving the PUD for the corner of County Road 1 and State Highway #169 in the northwest corner of approximately 25 acres as designated in the Planning Staff Reports dated December 8, 1976 and January 19, 1977. Further that the City Attorney draft a PUD Developers Agreement that will be subject to the Council's approval, specifically addressing the access restrictions to and from Highway #169, the open space areas for conservation and/or preservation per parcel, any required structure techniques for noise abatement, pollution control, and criteria for public utility improvement scheduling and the assessment formula for these improvements. Meyers, Bye, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. • .4 Council Minutes - 2 - Tues.,February 8, 1977 A. Miley's Sprinkler System rezoning, County Road 1 & U.S. 169 PUD (continued) MOTION: Meyers moved, seconded by Bye, to approve the 1st Reading of Ordinance No. 77-8, rezoning.approximately 2 acres from Rural to I-2 Park for the construction of an industrial storage building for Miley's Sprinkler System. Meyers, Bye, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a rezoning agreement for Miley's Sprinkler System addressing the points of assessment, access being abandoned when the alternate public road is constructed to serve the site, resolution of the slope preservation addressed in rezoning agreement, contingencies for developing the northeastern corner of the Miley parcel, and buffering requirements. Motion carried unanimously. B. Eden Prairie Industrial Park PUD & Rezoning to Industrial. The PUD is located in the southeast quadrant of Co.Rd.4/TH 5 to Railroad. Rezoning is being requested from I-2 Park to I-General. • Manning Director Putnam spoke to the Planning Staff Report dated January 17, 1977 and answered questions of Council members. He further explained that neither the staff or Planning Commission had a recommendation at this time. City Engineer Jullie outlined the possible road alignments and costs pertaining to same. (Chart attached as part of minutes) MOTION: Osterholt moved, seconded by Meyers, to continue the Eden Prairie Industrial Park PUD & Rezoning to Industrial to March 1. Further that the Planning Commission be requested to have their recommendation to the Council prior to the March 1st Council meeting so the Council can take action. Motion carried unanimously. Andrew Justus, Justus Lumber Company, explained that he has vacant property in the Industrial Park and it is difficult to sell industrial property trackings which would not allow outside storage. He also stated that he has not had a chance to study which road alignment would be the most feasible,and is really interested in the property being rezoned to I-General and working out the road problems later. Glen Reed, Water Products Company, stated that several months ago action was initiated to find out one question, can Water Products have outside storage? He felt the situation is snowballing because now road problems are being discussed. Bob McDonald and Bob Morehouse also expressed their dissatisfaction with the time that has elapsed since they made their request on behalf of Water Products for outside storage. Osterholt explained that under the circumstances as the ordinances now read, the procedures that the Council are following fit the situation. He further stated that the City is not trying to deport development. Council Minutes - 3 - Tues.,February B, 1977 III. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by the Eden Prairie School Board for a Joint Meeting with the City Council Acting City Manager Frane explained that the Eden Prairie School Board has requested the Council set a joint meeting with the School Board to consider the alignment of the road through the Round Lake School/Park Site. MOTION.: Osterholt moved, seconded by Meyers, to set Thursday, February 10, 1977, 6:30 PM at the High School Board Room, for a Joint Meeting between the City Council and the School Board to consider the road alignment through the Round Lake School/Park Site. Motion • carried unanimously. IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 353, approving the request for rezoninn for Rauenhorst Corporation, Opus II, Phase 1, of approximately 5 acres from Rural to Office MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 353, approving the request for rezoning • for Rauenhorst Corporation, Opus II, Phase 1, of approximately 5 acres from Rural to Office. Motion carried unanimously. MOTION: Bye moved, seconded by Meyers, to approve the Rezoning Agreement for Opus II, Phase 1, Rauenhorst Corporation. Motion carried unanimously. B. Resolution No. 77-12, approving the preliminary plat and final plat of Opus II 2nd Addition MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-12, approving the preliminary plat and final plat of Opus II 2nd Addition. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the Joint Powers Agreement between the City of Eden Prairie and Minnetonka, and also adding Lot 3 to the first page of the agreement. Motion carried unanimously. Penzel explained that Minnetonka's Mayor Bailey has indicated he would like to meet with Mayor Penzel and City Manager Ulstad to draft a Joint Powers Agreement pertaining to special services, i.e., police and fire. V. NEW BUSINESS No new business. VI. ADJOURNMENT MOTION: Osterholt moved, seconded by Meyers, to adjourn the meeting at 10:00 PM. Motion carried unanimously. :� .?Y'l j to lli,�;ut� Aloco jG,(,( (' - L , /OW -` N C„ 11 rrn_L :1a' I E scot 1S,o0C �°i P o 1 �'-�/ ' W T e-.Foe,�-"� F, 0 , _i_______3 /..2--LL' ;,....„:, \, 44\\ .s, i !.. _ fir i ! .-x• \• + / .y...<\, \ ff„▪' /0•<'' ;/ 4# . ... . ' z.i � s , . e . I ! 1 V///1;/ / .5 7 „ere _ - — ...... ............ . -././. ./// i- ,.:::,.: .... .................. . .... . ......................... ,............... . . . . , • , . UNAPPROVED MINUTES • EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 15, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye • Joan Meyers Dave Osterholt Sidney Pauly COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney Harlan Perbix; City Engineer Carl Jullie; Joyce Provo, • Recording Secretary INVOCATION: Reverend Gerald Udstuen Eden Prairie Presbyterian Church ROLL CALL: Bye, Meyers, Pauly and Penzel present; Osterholt absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ,The following items were requested to be added to the agenda under the "New Business" category: A. Discussion of memo submitted by City Engineer Jullie regarding "Proposed Land Divisions in Rural Zoning Districts" B. Minnesota River Bridge Crossing C. Increase of Eden Prairie's Block Grant from Hennepin County D. Interstate Commerce Commission petition regarding trucking • and freight rates MOTION: Meyers moved, seconded by Bye, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE COUNCIL MEETING HELD TUESDAY, FEBRUARY 1, 1977 Pg. 7, para. 7, 5th line, strike "vast". MOTION: Pauly moved, seconded by Meyers, to approve the minutes of • the Council meeting held Tuesday, February 1, 1977, as amended and published. Motion carried unanimously. III. PUBLIC HEARINGS A. Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290. City Engineer Jullie spoke to his memo dated February 11, 1977 and recommended adoption of Resolution No. 1220. Council Minutes 2 - Tues.,February 15, 1977 A. Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290. (continued) Mike Boen, 7760 Heritage Road, explained that he knew the meeting did take place between some of the property owners and City Engineer Jullie, but did not know which property owners were in attendance. • He further stated he was not one of the property owners which attended • this meeting, and that a couple of the other owners were out of town and have not had a chance to review the offer as proposed. Mr. Westlake, 7710 Heritage Road, expressed his appreciation to the staff for setting up the aforementioned meeting, but that he was just informed of Mr. Eliason's offer of $200 per lot credit against the special assessments and has not had a chance to review the offer in detail. City Engineer Jullie stated that the meeting he had was with Mr. & Mrs. Fred Boller and Mr. Westlake, and that discussion took place regarding the general terms of what might be proposed, that being somewhere between $100.00 to $200.00 per lot. The residents at that time did not have a specific proposal. After the meeting Mr. Jullie called Mr. Eliason and suggested he consider $200.00 per lot credit against the special assessments for Lots 3, 4 and 5, Block 1, and Lots 7, 8 and 9, Block 4, Heritage Park 1st Addition as a reasonable compromise. Jullie further explained that he did not get back to Mr. Westlake with the specific $200.00 per lot amount Mr. Eliason and Mr. Marco Jones would be willing to absorb. Bye commended City Engineer Jullie for interceding between the two groups and felt he had done an admirable job. However, in lieu of the fact that all residents were not aware of the offer, the following motion was made: MOTION: Bye moved, seconded by Pauly, to continue the Public Hearing for Sanitary Sewer and Watermain Improvements on Heritage Road, I.C. 51-290 to March 1, 1977. Motion carried unanimously. • B. Vacation of Earl Drive plus the drainage and utility easements in the Topview Acres 1st Addition City Engineer Jullie recommended approval of Resolution No. 77-20, vacating • Earl Drive and Drainage and Utility Easements in Topview Acres 1st Addition. Bailey Seida, consulting engineer for Stewart Properties, encouraged the Council to adopt Resolution No. 77-20, so the Stewart Highlands project could begin. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 77-20, vacating Earl Drive and Drainage and and Utility Easements in Topview Acres 1st Addition. Motion carried unanimously. 2,i( ) Council Minutes - 3 - Tues.,February 15, 1977 IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request to set a Public Hearing for Garrison Forest Subdivision in The Preserve Acting City Manager Frane explained that the Planning Commission at their meeting held February 14, 1977 did make a recommendation to the Council so it is possible to hold a Public Hearing for this project on March 1. MOTION: Bye moved, seconded by Meyers, to set March 1. 1977 as the Public Hearing date for Garrison Forest Subdivision in The Preserve. Motion carried unanimously. V. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 338, creating a Community Based Services Board to assist all supervised residential programs or social rehabilitation programs Council members reviewed Ordinance No. 338 and suggested various changes. MOTION: 8ye moved, seconded by Meyers, to incorporate changes made by Council members into Ordinance No. 338, and then refer same to the Human Rights Commission for their review and recommendations before the Council considers a 1st Reading. Motion carried unanimously. B. 2nd Reading of Ordinance No. 354, Stewart Highlands, approving the request for Stewart Properties to rezone Topview Acres 1st Addition from Rural to RM 6.5 for single family and/or double bungalow dwellings and rezoning agreement • City Engineer Jullie recommended approval of Ordinance No. 354, and recommended one change in the rezoning agreement on page 2, item 2, to read as follows: "That prior to final plat approval the advisability of a left turn by-pass lane shall be investigated along the north side of County Road 60." MOTION: Meyers moved, seconded by 8ye, to approve the 2nd Reading of Ordinance No. 354, approving the request for Stewart Properties to • rezone Topview Acres 1st Addition from Rural to RM 6.5 for single family and/or double bungalow dwellings, and also to approve the rezoning agreement with the amendment outlined by City Engineer Jullie. Motion carried • unanimously. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members Councilwoman Pauly reported on the Planning Commission meeting held Monday, February 14, 1977. 39g1 Council Minutes - 4 - Tues.,February 15, 1977 • B. Report of Acting City Manager 1. Preliminary Review of 1977-78 Council Objectives Acting City Manager Frane explained that the list sent to Council members is a composite of items submitted by Council members and that staff input has not been included yet. Bye suggested that no action be taken until input has been received from staff. Council members agreed with this suggestion. 2. Board of Review Meeting MOTION: Meyers moved, seconded by Bye, to set the Board of Review Meeting for May 12, 1977, 7:00 PM, at the Eden Prairie City Hall. Motion carried unanimously. { C. Report of Director of Community Services 1. Raze property appraisal Acting City Manager Frane spoke to memo from Director of Community Services Jessen dated February 11, 1977. • MOTION: Bye moved, seconded by Meyers, to receive and file memo from Marty Jessen dated February 11, 1977. Motion carried unanimously. 2. Appointment of an Assistant Weed Inspector Mayor Fenzel recommended Wesley Dunsmore be appointed to Assistant Weed Inspector. MOTION: Bye moved, seconded by Pauly, to appoint Wesley Dunsmore as Assistant Weed Inspector. Motion carried unanimously. 3. Discussion of the Joint School/Park site at Round Lake 1 City Attorney Perbix spoke to his memo dated February 15. Acting City Manager Frane explained that in order to qualify for the grant money we must draw a line on the map showing the land that the City has bought with the LAWCON money. Council directed staff to prepare a recommendation which would fall in line with the 80 foot right-of-way. D. Report of City Engineer 1. Final Plat approval for Stewart Highlands Acting City Manager Frane recommended approval of the Final Plat for Stewart Highlands. Council Minutes - 5 - Tues.,February 15, 1977 1. Final Plat approval for Stewart Highlands (continued) MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 77-21, approving the Final Plat of Stewart Highlands subject to City Engineer's Report dated January 27, 1977. Motion carried • unanimously. 2. Receive 100% petition, order improvements and preparation of plans and specifications for utility and street improvements in Stewart Highlands MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 77-22, receiving 100% petition, ordering improvements and preparation of plans and specifications for public improvements in the plat of Stewart Highlands, I.C. 51-299. Motion carried unanimously. 3. Approve plans and specifications and order advertisement for bids for T.H. 169 improvements from I-494 to 1/4 mile South of Schooner Boulevard, I.C. 51-269 City Engineer Jullie recommended approval of Resolution No. 77-23. • MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 77-23, approving plans and specifications and ordering advertisement for bids for I.C. 51-266. Motion carried unanimously. 4. Annual agreement with Rieke, Carroll, Muller Associates, Inc., for consulting engineering services City Engineer Jullie spoke to his memo dated February 11, 1977 and recommended the Council enter into an Engineering Services Agreement with RCM Associates for 1977. MOTION: Meyers moved, seconded by Pauly, that the Council authorize the Mayor and City Manager to enter into an Engineering Services Agreement with RCM Associates for 1977. Motion carried unanimously. E. Report of Finance Director 1. Payment of Claims Nos. 9738 - 9850 MOTION: Bye moved, seconded by Meyers, to approve Payment of Claims Nos. 9738 - 9850. Bye, Meyers, Pauly and Penzel voted "aye". Motion carried. VII.NEW BUSINESS A. Discussion of memo submitted by City Engineer Jullie regarding "Proposed Land Divisions in Rural Zoning Districts" City Engineer Jullie spoke to his memo dated February 11, 1977 and requested Council to concur or otherwise indicate how the City should process land divisions in rural areas. Council Minutes - 6 - Tues.,February 15, 1977 A. Discussion of memo submitted by City Engineer Jullie regarding "Proposed Land Divisions in Rural Zoning Districts" (continued Mr. Torjesen, 6605 Rowland Road, spoke to his land division request. Response to City Engineer Jullie's memo was favorable by Council members. except Meyers felt item 1 was too broad. Meyers requested that the Board of Appeals & Adjustments have a chance to review City Engineer Jullie's memo at their meeting to be held Thursday,February 17, 1977. Council members agreed with this request. B. Minnesota River Bridge Crossing Mayor Penzel brought the Council up-to-date on the actions of the Minnesota River Valley Bridges Ad Hoc Committee. C. Increase of Eden Prairie's Block Grant from Hennepin County Mayor Penzel spoke to memo from Hennepin County dated February 3, 1977 notifying the City that the Block Grant has been increased and it is necessary for the Council to adopt a Resolution pertaining to same. MOTION: Bye moved, seconded by Meyers. to adopt Resolution No. 77-25, amending Resolution No. 77-9 approving the Community Development Plan and Program. Motion carried unanimously. D. Interstate Commerce Commission petition regarding trucking and freight rates City Attorney Perbix spoke to Petition to the Interstate Commerce Commission and his communication to Roy Terwilliger, President of the Eden Prairie Chamber of Commerce dated February 15, 1977. Perbix explained that the Chamber has been active in this and might want to oppose the petition. VIII.ADJOURNMENT MOTION: Bye moved, seconded by Pauly, to adjourn the meeting at 8:45 PM. Motion carried unanimously. MEMO • TO; Mayor Fenzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 25, 1977 • SUBJECT: Sewer and Water,Improvements on Heritage Road I.C. 51-290 Continued Public Hearing The attached letter has been received from the Heritage Road property own- ers proposing a $400 per lot settlement. There are five lots (not 6 as I previously indicated) which would be credited. These are developed lots with private sewer and water systems. I spoke with Mr. Eliason by telephone on Thursday, February 4, He has agreed to acquiesce to the $400 per lot settlement and is looking forward to support from the residents for the proposed improvements. it is recommended that the City Council adopt Resolution No. 1220, ordering the sanitary sewer and water improvements on Heritage Road, I.C. 51-290, subject to receipt of $2,000 from the proponents to be used as a $400 per lot credit against the special assessments for Lots 3 and 5, Block 1, and Lots 7, 8 and 9, Block 4, Heritage Park First Addition. CJJ:kh Attachment , ,// 7,• . • ••/-c/--'4(6(:iLy t..i7,;7/ t‘'';-;,/ ' (2- 1• 64/‘7Z(Z+:' d ' c.-7---'.....,-.r.,,,-. •-e..) ‘- /7/g oth'e (- ai;tez',C2, 7, ._.r7;?":14'/,,t C. A-Lea-,c Wu_ ,44,--a-11A•ey,.-1-e.,/cdp_c-A--2e; nt,7, zi44%, ...--6--e-c;n.e--;-40 ,.....".„4„, ......,cer-4,0 A 7er, (62 >1(›272..e( L411-a ? 724 :Le , ---- ,. -,I ---L-vt, 42e-/). i(i.- )de/ ZYze e0-04. 2-6/a.:.a-,- 41. ,....!;e__J - 7 ...c-_-, Gi.---x' 2, 2.,.._, Z -.-e-Z _c(z- z,z-2/ .„‹..„.... z/L ..r..e4e..-, (/ ? . , ' • ,r "2?.j — 4.0gurvti 4. .0 'A V ', .-e- yam'lz. 'Q. t A ,L-79-1Ze �� e2 t anal 2.4./a �� 4� e L/ JV / & 2Z / (1/ cV6971 GtX) -e-efalla,r; af v-4. • • , V-a,,,& ?v.., (ra,V,/;7 r"-A) iotz-ac..,,,e..e.._,, ....4„-)s) Jicael. .Aii,,ler-S-e---- )4/tA .�-1'63 6.Th 77(:0 NE2if k, ( o •7X i4. --e ,e14-7..4.,Li . 7G ie � , -�:., 12� ✓ .i�`/��.!�� Cf: ,UGC% �cr' �Ca' /.47 t 7t!' .'i4r t / y rc S �'n /,��'. i+) ',, ,� i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-27 RESOLUTION VACATING A PORTION OF WEST 78TH ST. NEAR T.H. 169 • • • WHEREAS, the City of Eden Prairie has right-of-way over the • following described land: • • A part of the easterly 675 feet of the southwest quarter of • the northeast quarter of Section 14, Township 116 north, • Range 22 west, described as follows: • • • A strip of land lying between two lines run.parallel with and distant 40 feet and 75 feet southeasterly of Line 8, described below, southeasterly of a line run parallel with • and distant 40 feet northwesterly of Line A, described be low which lies northeasterly of the following described • • • line: from.a point on the east and west quarter line of • j said Section 14 distant 2557.59 feet west of the east quar- ter corner thereof; run northeasterly at an angle 45°57' • with said east and west quarter line for 603.19 feet; thence deflect to the left on a 4°00' curve (delta angle • • 43°40'45") having a length of 1091.98 feet for 415.44 feet • to the point of beginning of the line to be described; thence deflect to the right at and angle of 90°00' with the tangent of said curve at said point for 200 feet and there terminating. Line A. Beginning at a point on the east line of said Section 14, distant 1554.3 feet south of the northeast cor- ner thereof, thence run southwesterly at an angle of 81°15' with said east section line for 1256.5 feet; thence deflect to the left on a 4°00' curve (delta angle 38°29') • for 962.1 feet and there terminating. Line B. Beginning at a point on the east and west quarter line of said Section 14, Distant 117.5 feet east of the cen- - ter line of said Section 14, thence run northeasterly at an angle of 45°50' with said east and west quarter line for 717.2 feet; thence deflect to the left on a 5°00' curve • (delta angle 43°41') for 873.7 feet and there terminating,• • j • • • • 214 _4' ., _ + ._ .� WHEREAS, a public hearing was held on March 1, 1977, as required by law, and WHEREAS, it has been determined that said right-of-way is not necessary and that it would be in the public interest that it be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. The above described land is hereby vacated. • 2. A certified copy of this resolution shall be prepared by • • the City Clerk and shall be a notice of completion of the proceedings and shall be recorded,in accordance.with M.S.A. . • • 117.19. • ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL ON • • • Wolfgang H. Penzel, Mayor ATTEST: SEAL • DRAFT FOR DISCUSSION • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-32 RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT FOR THE SOUTHEAST QUADRANT OF THE COUNTY ROAD 4 TH NO. S INTERSECTION AND AMENDING THE CITY'S COMPREHENSIVE GUIDE PLAN -; WHEREAS, the City of Eden Prairie has adopted a Comprehensive Guide Plan in order to provide a dynamic framework to cope with the physical, social, and fiscal problems of a developing community, and WHEREAS, the City has amended the 1968 Comprehensive Guide Plan by studying sections of the City or City wide issues, and after con- sideration of technical studies, advisory commissions, citizen and staff recommendations, and after public hearings, the City Council has approved said modifications to the Comprehensive Guido Plan, and WHEREAS, the City did study and hold public hearings where it. considered a planning study for the County Road 4 and TN IS area, said 4/S Study, was adopted by the City Council in Resolution No. 986 as a future guide for transportation and local development patterns for that section of the City, and WHEREAS, the City Planning Commission did study, hold Public Hearings and the staff did meet with landowners on numerous occasions and the Commission did make recommendations to the City Council dated February 14, 1977. NOW,THEREFORE, BE IT RESOLVED, the City Council of the City of Eden Prairie as provided by State Law M.S.A. 462 empowereing local government to establish ordinances and policies regulating land use to protect the public health; safety and general welfare, does resolve: • • ADOPTED by the City Council of the City of Eden Prairie on this day of , 1977. Wolfgang Penzol, Mayor ATTEST: John D. Prone, Clerk SEAL JJ„C� • Unapproved Planning Commission Minutes -2- FEb. 14, 1977 i IV. REPORTS AND RECOMMENDATIONS A. Eden Prairie Industrial Park-public/private planned unit development Mr. Enger referred the commission to the background material and the recent staff report dated Feb. 10, 1977. Mr. Jullie, City Engineer, •felt the proposed road alternatives could alleviate access problems. He reviewed the alternatives and their associated costs and stated the traffic problems will exist whether the property remains I-2 or is zoned I-General. He suggested any new development take access from Co. Rd. 4 except the northern most parcel and those adjacent to Fuller Road,and building locations should not preclude any of the road alternatives being constructed. • Sundstrom inquired why a direct road from Fuller Road to Co. Rd. 4•is not shown. Mr. Jullie stated the trees, topo and residential development make such an alterna- tive less desirable than others. Pauly raised concern relative to Alternative B fi C's proximity to the 4/5 intersection. Mr. Jullie responded they are setback adequate distances. Sorensen inquired if the staff had received further communication from the property owner in the corner of the 4/5 intersection. Mr. Moe, Spring Company, representing • Kamstra Communications Inc.(owner of the property questioned), stated they desire to retain the property's zoning of commercial and Standard Oil plans to build this spring. Sorensen asked what type of screening restrictions would be enforced. Mr. Enger stated. City Ordinances 135 fi 178 regulate screening to the height of the material stored, and if the commission chooses perhaps other criteria could be suggested to be included in the pud approval. • Sorensen then inquired what width buffer around Lincoln Addition is proposed. Mr. Enger replied the buffer, unless otherwise specified in the approval, would be according to existing ordinances. Jim Justus, representing Andrew Justus,stated they desire access for their property to Co. Rd. 4 and do not favor Alternatives A and F. Bob McDonald questicned if the city will be granting pud approval only, or if the properties will receive zoning. Sorensen replied the council may grant zoning to those who have applied. McDonald then expressed concern that 5-6 road alternatives will restrict building locations and 1-2 alternatives should be sufficient. Sorensen replied it may be difficult for the city to determine the most appropriate road alternative until the land uses are known. Motion: Fosnocht moved, Schee seconded, to recommend to theCity Council that the Eden Prairie Industrial Park PUD be developed under a city administered PUD, administered and controlled by the city as per Alternative D in the Jan. 17, 1977 staff report. Discussion: Fosnocht stated he did not wish to formalize a road location in the motion because, as stated by the city engineer,there is not enough information todate to determine which road alternative is best. 13 i1 { . Planning Commission Minutes Unapproved '3" FEb. 14, 1977 Sorensen suggested, prior to the council's meeting of March 1st, the staff and • property owners should meet to attempt to work out further details of the pud. Motion Amendment: Sorensen moved, Sundstrom seconded, to amend the motion to provide that the criteria for pud and zoning include a definite buffer site and plantings securred by an adequate bond, and the screening should be agreeable to the staff. The motion amendment carried 4:0:2 with Lynch.and Schee abstaining. 9i Vote: The motion as amended carried unanimously. Glen Reed, WPC, asked if his property could have outside storage according to the action taken . Sorensen responded the commission is making a recommendation to the council and the council will make the decision on the pud and zoning. • • • • • • yUGo►� EVERY TIME A SQUARE DEAL 1cLj ST S LUMBER CO. Telephone: 938-2741 330 ELEVENTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 j 1 • February 11, 1977 Planning and Zoning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 ' To the members of the Commission: I will be unable to attend the meeting on Monday, February 14. James A.. Justus will represent me. Robert Morehouse and Robert McDonald will represent me as realtors. I am very desirous of having the Eden Prairie Industrial Park re-zoned back to I General from the present 12. The following parcels should also be considered: 1. C&NW parcel 1825 Plat 56717 2. C&NW leasehold parcel 2000 " 56738 3. Klein parcel 0210 " 56717 Over the past several years I have had opportunities to sell the above properties, but with the restrictions of 12, the buyers are ultimately not interested. In 1976 the taxes and assessments amounted to $10,335.94. Your thoughtful and kind consideration would be much appreciated. Yours very truly, Andrew N. Justus, Owner of the above properties 5116 Scriver Road ANJ:bm Edina, Minnesota 55436 cc: City Council James A. Justus 330-11 Ave. S. Hopkins, Mn. 55343-938-2741 "THE COMPLETE BUILDING CENTER" BUILDING MATERIALS• HARDWARE • ROOFING • FUEL OIL• MILLWORK• INSULATION • PAINT y,;J l% - r ,,, ,da:,..?...H.-/---:''k , KAMSTRA COMMUNICATIONS,INC.,2231 NORTH IMMUNE AVE ST.PAUL.MINN.55113 K.M.KAM6TRA PnsIW N February 10, 1977 • Mr. Dick Putnam • Planning Director Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55343 Dear Dick: Thank you for inviting me and other property owners to your recent 1 planning session: It was most enlightening to see how the various I roads, highways and other developments are progressing. I for one will.certainly be as cooperative as possible, not only with the village and other authorities, but with fellow property owners in the area. 'However, in selecting my parcel of land for investment (I am neither a professional investor nor land developer) adjacency to County Road 4 was an ieoortant consideration. The commercial zoning of the land was also a factor. Quite obviously, I would feel it unjust for the parcel of land in which I have invested to be now dissected in order to create access to County Road 4 by other land owners, who may have neglected to see the need for such access in their earlier acquisitions • and/or development. It would seem more logical to me to place the road on the south end of the industrial park leading to Hwy. 4. And for the same reasons, I would consider it unjust to have my land rezoned to a less-salable designation merely to conform with the desires of other adjacent land owners. I strongly urge planning commission to retain the commercial zoning formerly approved on our P.U.D. I have no objections to an I-G zoning for the larger parcels next to the railroads. Thank you again for informing us of the problems involved. With this letter I want to go on record as to my feelings about these matters. Yours truly, L' r- ,____..A .I`\ ('.— "I ",,VIA 1 K. M. 1(amstra IQ9t/,js cc: Mr. Roger Olstad City Manager Eden Priarie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55343 SALES PROMOTION • MARKETING • COMMUNICATIONS • TELEPHONE 631.2512 • AREA CODE 632 Lib()v (J CIL,DIMES,HSD EDEN PRAIRIE ROAD i EDEN PRAIRIE.MINNESOTA 66243 TELEPHONE .611i S4I.2262 .r . .. •- ctr: January 5, 1976 3 Mr. Duane Brown Minnesota Department of Transportation District 5 2055 North Lilac Drive Golden Valley, MN 55427 Re: T.H. 5 at Fuller Road • Eden Prairie Industrial Park Dear Duane: • Pursuant to our meeting on December 22, 1976, with you and your staff and Dennis Hanson from Hennepin County, enclosed please find a sketch of proposed access revisions at the intersection of Fuller Road and Trunk Highway 5 in Eden Prairie. As shown on the sketch, a median break would be provided at Fuller Road with a protected left turn lane for westbound T.H. 5 traffic turning left to southbound Fuller Road. Left turns from Ontario Boulevard to eastbound T.H. 5 and from Fuller Road to westbound T.H. 5 would be pro- hibited, thus precluding the need for a traffic signal which would cause a hazard for westbound T.H. 5 vehicles stopping on the steep grade to the east. In the near future, additional residential and commercial developments to the north and south of T.H. 5 will be constructed, thus increasing the traffic volumes at the intersection of Fuller Road and T.H. 5. Therefore, it is requested that the Minnesota Department of Transporta- tion review the proposed improvements and suggest any appropriate modi- fications. Also, please review the "do nothing" alternate, leaving.the road access to T.H. 5 essentie ly the same as it is tc_ir,y in view of a possible reduction in traffic volumes on T.H. 5 when r..' T.H.212 is open. Public meetings with area property owners will be hel _a the near future, so your early response will be appreciated. Also, please give us an indi- cation regarding State funding participation in the proposed construction. Thank you, I Carl J. Jul •e, P.E. City Engineer CJJ:kh � Enclosure • c/C.r/J • . • t 1. ' •:i ,I__..i,:_____I__ • • ..._ ' • .. __ , 1.--1_ - —1____L___; • 'i 1 •! ^ ...\../. . a. IL /1 C N i-1 ------'•-../. \.„...,_. ,....._,L.... .__ • /4" . i 7 =4. / ,..th ...- al W c,5,„,j,„,,,,.;,_•••- c 5 7':;,t—_r___,•,"7.g a t r 111°'a : --1,-_ ..._m-...----, / , 1111111 _1 i ' ; ; ; 1,--.--mt. 14,w....... 114,...... I .3 • /441A+4\ • • I.:7 \ ,, i le, G 41 •. _I ii 1.0 : 0 ' • ill,"400,4w 1" .: .:.. .,. „.. iiry;42,..:1 sl. ,.. t A, I I / S .1, i P. It, ...E .. . ..„ i /4/ / & , Itat ,e.s._:............ I 40 • •C .. 001. D I S 1 • 4' • •• . ... . , - ••. •••. .... . ... ... ... . ...... . . ..... . ........... .. ... ... .. ........er-\ . . . . . . . . . .4' • :',E W a .• "" - ' or, I I "46 I -4" •:•: •:::::: •:'i:. ,,j II \„.„11--1- 1 •:• .. • •::.:: :.:.:.:::. --r--r 1 , • ::. : ::, :::::.. * .i.;. , hp :4- p':::'-: ..:i:i.: • ::.. 'IF • • MEMO • TO: Planning Commission - ' FRO?1: Dick Putnam, Planning Director Carl Jullie, City Engineer DATE: Feb. 10, 1977 SUBJECT: Eden Prairie Industrial Park PUD / Transportation / Land Use Recommendations • • • • INTRODUCTION The staff believes that the land use/zoning issues may be resolved without a final solution to the transportation and access problems of the Eden Prairie Industrial Park. We believe that the current safety of employees should be greatly improved. The alternative road plans provide those improvements for existing and new industries. Without any transportation improvements the existing industries will experience increasing hazards along TH 5. The rezoning requests will not greatly effect safety conditions since the land is currently zoned for industrial development with five companies in existence. LAND USE/ZONING The planning staff recommends the zoning and land use plans illustrated in Alternative D of the Jan. 17, 1977 staff report. Lincoln Lane residents have • stated their concern for a positive buffer. Alternative D provides such a buffer. The buffer space may be zoned I- Gen or I-2 to allow building density credit to the developable land, however, an easement or deed restriction shall specify the use as natural buffer space until such time as the R1-22 land uses might change to a non-residential type. Figures I and II illustrates the planning staff's zoning recommendations. • TRANSPORTATION Figure III illustrates the access alternatives for Fuller Road's connection with Co. Rd. 4. The staff recommends that any of the alternatives except Alt. C are feasible if the owners of the industrial lots are willing to pay a share or all of the costs. • The staff believes that one of the 5 alternatives should be planned and constructed over the next few years. If no alternative access is provided a very dangerous intersection will be the only way in and out. Our experience is that such a con- dition is unnacceptable to businesses. Requests by the property owners for signals or frontage roads, etc., will require governmental assistance. This senario represents what has occurred along TH S at Mitchell Road and West 78th Street. 8 • 1 , \ • ,':_ r, • . ,, , v : ., , ., .... . __..... ......./. , ,.,/,,,,iii:..:.,,,.1... ,.., ,;.,, i. , .. i , . ...Ei . . .. ,. , • • ( ,;1-..__._ ....,.........,i,:-, -)1,1/4"...-----:-/-. ..::.1 ‘ ((..•• \ .. --__ • ,1 - . ( . ,, ), , ifr.;r,.. ....., . i 1 I / ..._.•• s,,•\ ---, , !1 : .. ;1 /! IF'? i / !:7,'. l'.c . -,:..'„,..1, 1 11''. 1„-f r:,-, (-(,. r-----1• • ..-,, 7, !,. 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J it • :`mow 11� )) �{( a. yy �� e'y.w' ^ 1 1 • ... r p So,WC) n L - r' re...v....M. i ._ .. , G 10 ,�oo0?. ,. , E 1S�000 o /P F `1qo vP P,., • - wE..5.1„--2-,....7_—:••••-- — / G , l 1 i i 1 1 I I3 1 E ! 1 . \ _� \/r / '�� .ice • L.1 ' /7:// 4eri. ....... .... ....... .... • 1 i F• ( , c ,. ea a • a s t • L___ •L_______.'A - , ., s , ..7.01. Di S 'T •c 6 I (...<\, .1-- odo`;,. . ... . .•.•"... •"•••• ••• • . •... • ..... .. .. . •• ...... _. •.. ....„.......„.. ...... ....._ ////-1 S l ; 1 • ,3 ... ip .x . j . 1 CITY OF EDEN PRAIRIE • CHECK LIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS { DATE: 1/13/77 DEVELOPMENT: Garrison Forest L.D. NO. 77-P-Z-03 LOCATION: East of Amsden Hills and West of Co. Rd. #18 (N. Sec. 25) REFERENCE P.U.D. OR PREVIOUS ZONING AGREEMENT: Preserve PUD RES. #. DEVELOPER: The Preserve ENGINEER/PLANNER: Bather, Ringrose, Woldsfeld, Inc. • DOCUMENTS SUBMITTED FOR REVIEW: Preliminary Plat & Preliminary Plan for utilities, grading and street improvements dated Jan. 13, 1977 PROPOSAL: The Preserve is requesting preliminary plat and rezoning approval for the proposed development. • 1. Land Development application filed and filing fce & deposit paid yes Copy of application forwarded to Watershed District Yes 2. Processing Schedule: a. Planning & Zoning Commission Preliminary 1/24/77 • b. Park & Recreation Commission • c. Human Rights Commission d. Planning Commission Public Hrg. e: City Council consideration 3/1/77 f. Watershed District 3. Type of Development Single family detached residential • 4. Environmental assessment or impact statement required per Environmental Impact Policy Act of 1973: No • 1'1Jrl • - 2 5. Present Zoning Rural 6. Proposed Zoning R1-13.5 Consistent with approved P.U.D. or Comp Plan? Yes - Comp. Plan & PUD List variances required & setbacks that apply: Requirements of Ordinance #135 and memo dated 10/19/76 7. Project Area t 16 Acres Density 3.2 units per acre 8. Public open space and/or cash dedication Covered through Preserve PUD Private open space Refer to Planner's Report dated Feb. 2, 1977 Trail systems & sidewalks Refer to Planner's Report dated " Range of lot sizes 16,000 SF to 9,240 SF (10,000 SF Average) 9. Preliminary Building Plans Not submitted 10. Representative Soil Borings Not submitted 11. Street System A. Access to adjoining properties Access to properties north of proposed plat through Amsden Way & Garrison Way Be R/t.7 Roadway (Back. to Back of curb) • Private driveways, no 24 • parking Post no parking signs _ Leading to Cul de sacs 50 28. (not over 1000') & minor residential Cul de sacs • 100 78 (no island) 120 98 (with island) Thru Residential (collectors) & Cul de sacs over 1000' 60 32 Required (seal coating also) A suture road R/W across the north line of Also recommend a 6' bituminous Lot 28, Block 1 Should be indicated on the (or 5' concrete) sidewalk along the Preliminary Plat which can provide access south and east side of'Garrison Way to Parcel 2172, Sec. 24. • 4 t3Olfl • - 3 - MSA 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 Res,irbd • C. Check City's comprehensive street system.• • Developer'builds 1/2 of parkways at his cost, & R/W dedication N.A. D. Street Names'- try.to conform with existing in the area. Avoid additional names on cul de sacs having eight or less lots. Check list of existing street names. Preserve is requesting change.of existing Garrison Way to Amsden Way. Review and resolve prior td E. Private parking lots--B6-12 conc C&G and full depth Aasph. design final plat apprrl. F. Street Signs-Developer or City installs Developers Purchase - City Installs 12. Parking: (See Ord. #141) O.K. 13. Utility Systems: A. Sanitary Sewer Available from Amsden Hills•Addition 1. Service Detail 4" Minimum 2. Service to adjoining property Sewer stub to be provided • to serve area north of development B. .Watermain: Available from Amsden Hills Addition 1. Check Service Design (20 psi at highest fixture) OK 2. Hydrant location-Fire Inspector to review 3. halving Review pending final design 4. Compliance with fire code Fire inspector to review • 5. Service to adjacent property Provision for looping system proposed • sacI6 • • C. Storm Sewer & Grading• , . .. 1. Sediment control plan Required for Watershed Dist. Approval 2. Skimming & grit control for commercial parking lots N.A. 3. Positive outlet for drainage ponds Show pending area outlets located in southeast corner and south central portion of plat. 4. Avoid excessive grading and tree removal Required 5. Arrows showing drainage Required Accomodate drainage from adjacent properties Required 6. Denote drainage area for individual inlets and projected high water • for ponds' Required • 7. Keep drainage in gutters, not in center of street Required 8: Sod drainage swales and steep slopes Required 9. •Flood plain encroachment None 10. Watershed District approval Required • 11. DNR approval N.A. D: Natural Gas S Telephone Underground required E. Electric (underground) Required 14. Street Lights & On-Site Lighting Will be installed upon receipt of petition from developer 15. Preliminary plat to be submitted to MHD or Henn. Co. if abutting a State or County Hwy. Hennepin Cou-ty Highway Dept. (Oo. Rd. #18) 16. List special assessments levied and pending Levied: k6428 Neill Lake STM $5,579.60; #6452 Trunk sewer & water $31,200 17. Re-zoning agreement required Required Developer's Agreement required Required Title Abstract for Attorneys review Not required WUU I C% • PLANNING STAFF REPORT TO: Planning and Zoning Commission FROM: Dick Putnam, Planning Director DATE: Feb. 2, 1977 PROJECT: Garrison Forest APPLICANT: The Preserve REQUEST: Rezoning from Rural to R1-13.5 with subdivision variances • and preliminary plat approval LOCATION: West of Amsden Hills and east of Co. Rd. 18, North of Prairie East 3 A. PROJECT IDENTIFICATION • 1. Ownership • The staff assumes the property is owned by The Preserve with an option agree- ment to Ban Con. It is also assumed The Preserve will install utilities and prepare the site for development. 2. Critical Public Decisions The Preserve is requesting rezoning from Rural to R1-13.5 for 16* acres and preliminary plat approval' for the 18 acre parcel including outlot A. B. PLAN AREA IDENTIFICATION 1. Project Area and Boundaries W, \ / °.(c)6. 1 \ \ tR[C[MYC CCCitax t 'LAC( CIS. ,t ' �V.��---� OLiIY►K Mlll{ CCYILY IOU A__ • PROJECT LOCATION ,�:(7:]-77:1:1 -, a Y J i a 400 !.) • 1' • Staff Report-Garrison Forest ' -2- Feb. 2. 1977 4:-.117$ • 2. Regional Relationships i` . • .!.:171.- \-\,..0 - The site is in close proximity to the Anderson Lakes Regional Park ana County Road 18 a major metropolitan arterial . The site has good access to I-494 and to regional employment areas along I- 494 and the Eden Prairie Center. 3. Existing Systems_ • The existing land use is open or vacant and has been farmed in the recent past. Currently the site would have access to Co. Rd. 18 and the dead-end of Amsden Hills Drive. • • 4. PUD Concept Plan The Planned Unit Development for The Preserve apnroved in 1970 which has not formally been modified for this area. The Garrison Forest Plat was not owned by The Preserve during the 1970 PUD consideration, however the surrounding area was low or medium density. • • • //0c2 gig • is • Staff Report-Garrison Forest -3- Feb. 2, 1977 • Conclusions: • • The single family lots provide a moderate cost single family home adjacent to existing homes along Co. Rd. 18 and the newly developing Amsden Hills and Prairie East plats. The proposed lanai use in Ilustad's Prairie East , south of Garrison Forest, is for multiple family development and may create some conflicts when that zoning is requested by thatdeveloper . • The Garrison Forest plan is consistent with the intent of the Preserve Concept ' Plan for the 16 c acre area. The area plan submitted with this application titled "Preserve Area Five" does • not represent anyofficial city approvals for the area south of Amsden Road . ' There are a number of departures from the original Preserve Concept Plan including the addition of a convenience commercial center located at the intersection of Amsden Hills Road and Co. Rd. 18. Also, no right-of-way is illustrated south of Amsden Road for the continuation of Anderson's Lakes Parkway. No deer wildlife corridor is illustrated from Olympic Hills to Anderson Lakes Park, this may may not be necessary depending upon the Purgatory Creek Study implemenxation currently under consideration. These two issues will be discussed over the upcoming months as it relates to other plattings in this area. C.' PLAN AREA ANALYSIS The site is an open rolling meadow with no significant tree cover. The site has one area of slopes over 10% those being on Lot 12 , Block 2 where there is a drop of approximately 14 feet. This area will be reshaped and does not seem to be of major consequence . The soils and ground water should not be a deterrent to development . • • Conclusions: Because of the site's meadow character, no significant habitat or natural features will he lost by developmentof the Garrison Forest subdivision. D. PLAN PROPOSAL 1. Development Objectives (information not provided) The staff assumes the objectives arc to continue single family uses with a slightly lower priced unit built by BanCon similar to Northmark I . The plan is greatly dependent upon the engineering feasibility and service ability of the lots from existing sanitary sewer. 2. Site Plan The plan results in ackward platting creatingoutlot A and the doubling back of Garrison hay. The staff has been informed that the platting configura- tion is the result of the sewer service and development cost of the site. The platting leaves out lot A to he served at a later date with future development along Co. Rd. 18 Staff Report-Garrison Forest -4- Feb. 2, 1977 The city and developer may wish to consider a future use for Outlot A and zone it appropriately so that the future owners will have an assurance of the type of uses expected. 3. Site Development Utility, grading and lotting concept plans have been reviewed by the engineering department and are workable . 4. Legal Instruments The Garrison Forest Addition will be part of the Preserve HOA and will be #! subject to the dues, restrictions and benefits of that association. 5. Housing and Building Profile The 16 acre site, 51 units, results in a 3. 15 u/acre density (exclusive of Outlot A) . The development will be similar to Northmark I with homes in the mid $40,000 range including the lot cost. The financial analysis done in conjunction with the East/West Parkway Apartments illustrated the break-even point for single family homes to be home and lot values of$86,600. The single family homes proposed would not fully support the cost of service of school and city, however the homes will assist the city in retiring the debt for public utilities through user fees and connection charges. 6. Zoning Variances The plat would utilize the modified setback standards applicable to other projects in The Preserve. S' garage to side lot 20' rear of house to rear lot line 10' 1-1.5 story house to side lot line 20' side yard setback for houses built on 15' 2 story house to side lot line corner lots, but not conflicting with 30' front of building to front lot line 30'setbacks on adjacent lots. 50' Minimum from any building line on MSA, County and State highways. (fireplaces G overhangs shall not be considered as setback encroachments) (Accessory structures shall not be placedin the front yard &shall be 5' min. from side and rear lot lines.) The lots would vary in size from 8,900-22,700 sq.ft. with an average lot size of 12,735 which is below the 13,500 square feet minimum for the.R1-13.5 District. 1/001/ Staff Report-Garrison Forest -5- Feb. 2, 1977 • • RF:COMMENDATI ONS The planning staff would recommend the Planning $ Zoning Commission recommend to the City Council the following: 1. Rezoning from Rural to R1-13.5 with the following setback and lot size variances: S'garage to side lot 20' rear of house to rear lot line 10'1-1.5 story house to side lot line 20' side yard setback for houses built on corner 15'2 story house to side lot line lots, but not conflicting with 30' setbacks 30'front of building to front lot line on SO' minimum from lots.ent fromany building line on MSA,County and State highways. (fireplaces G overhangs shall not be considered as setback encroachments ) (accessory structures shall not be placed in the front yard and shall be 5' minimum from side and rear lot lines). b. Minimum lot size B,!OOsquare foot ., average lot size 12,735 sq.ft. with a density of 3.1Su/acre. • 2. That the preliminary plat dated be approved as consis- tent with the zoning request and the provisions of the engineering department outlined in their staff report dated 3. That the city review the concept plan for the Area 5 of The Preserve prior to future plattings in the Garrison Forest Area. Questions of the deer corridor connection to Anderson Lakes Park , the road right- of-way for Amsden Road and the new proposal for the convenience commercial , as well as the land use densities should be resolved before future additions are approved. DP:jj • • • qoo • • Unapproved Planning Commission Minutes -4- Feb. 14, 1977 C. Garrison Forest, by The Preserve. Request to preliminary plat and rezone 16acres from Rural to R1-13.5 for 51 single family detached housing units. The site is located east of Amsden Hills and West of Co. Rd. 18. A continued public hearing. ---Lynch chaired --- • Mr. Enger stated the staff is recommending approval of the preliminary plat and rezoning withvariances as stated in the staff report dated Feb. 2, 1977. He added the staff is suggesting the 3 acre parcel adjacent to Co. Rd. 18 be zoned to R1-13.5 at this time. Mr. Hess stated the rezoning of the 3 acre parcel would be acceptable. • Sundstrom inquired if the variances are similar to others granted. Mr. Hess replied the variances are the same as granted in other single family development in The Preserve. • Motion: Sorensen moved, Schee seconded, to close the public hearing on the Garrison Forest preliminary.plat. The motion carried unanimously. Motion 2: Schee moved, Sundstrom seconded, to recommend,to the City Council: 1. Rezoning from Rural to R1-13.5 with the following setback and lot • size variances: S'garage to side lot 20'rear of house to rear lot line 10'1-11 story house to side lot line 20'side yard setback for houses built on 15'2story house to side lot line corner lots, but not conflicting with 30'front of building to front lot line 30' setback on adjacent lots. SO'minimum from any building line on MSA, county and State highways. (fireplaces and overhangs shall not be considered as setback encroachments) ( accessory structures shall not be placed in the front yard and shall be S' minimum from side and rear lot lines) 2. That the preliminary plat dated Feb. 14, 1977 be approved as consistent with the zoning request and the provisions of the engineering department outlined in their staff report dated 3. That the city review the concept plan for the Area 5 of The Preserve prior to future plattings in the Garrison Forest Area. Questions of the deer corridor connection to Anderson Lakes Park, the road tight-of- way for Amsden Road and the new proposal for the convenience commercial, as well as the land use densities should be resolved before future addi- tions are approved. Discussion: Sorensen did not favor fireplaces and overhangs not being considered as • encroachments Vote: The motion carried 4:2 with Sorensen and Fosnocht voting nay. • • Riley- Purgatory Creek Watershed District • 8950 COUNTY ROAD 44 • EDEN PRAIRIE,MINNESOTA 55343 February 11, 1977 • Mr. Richard Putnam, City Planner City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 • • Re: Garrison Forest; Edenvale Plaze, Golf Vista Apartments Dear Mr. Putnam: • The Engineering Advisors for the Riley—Purgatory Creek Watershed District have reviewed the development proposals for the above referenced projects as submitted to the Watershed District. A grading and land alteration permit I� must be obtained from the District for these projects. The permit application „ should be obtained after the development has been approved by the City Council, t' but before land alteration can begin on the project. Plans detailing how erosion will be controlled during project construction must accompany the permit application. Thank you for the opportunity to comment on these developments. If you have any questions about our comments, please contact us. Sincerely, PLtLJ Allan Gebhard BARR ENGINEERING CO. AG/sb Engineer for the District cc: Mr. Frederick Richards Mr. Conrad Fiskness . • LI(:J ) • apprcn c•d Planning L Zoning Commission -8- Jan. 24, l"77 D. Garrison Forest, by The Preserve. Request to preliminary plat and rezone 16 acres from Rural to R1-33.5 for 51 single family detached housing units. The site is located east of Amsden Hills and west of Co. Rd 18. Don Hess illustrated the site's location and stated it would be similar to Northmark ll and access is planned by Garrison Way to Amsden Road for the lots. Beaman asked how far it is between Amsden Way and Co. Rd. 18. Hess estimated 700 feet. The planner stated no commercial exists at the corner of Amsden Way and Co. Rd. 16 as shohn in The Preserve's submission. Hess informed the commission the coz.,ercial of 2,000-3,0DD square feet may be proposed in the future. Motion: Lynch moved, Eearcan seconded, to continue the public hearing to the Feb. 14th meeting and refer to staff for report and recommendations. The motion carried • unanimously. . . . . • A WHP/azd 2/15/77 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-6 AN ORDINANCE RELATING TO BOARD OF ADJUSTMENTS AND APPEALS AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: Section 1. Subdivision 17.2 of Ordinance No. 135 is hereby repealed and there shall be substituted therefor the following: Subdivision 17.2. Pursuant to M.S.A. 462.351 - 462.364, there is hereby established a separate Board of Appeals and Adjustments of the City (hereinafter referred to as • "Board") which consists of five (5) members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 two members shall be appointed for a term of three years, two for a term of two years and one for a term of one year. There- after all appointees shall hold office for the term to which they have been appointed or until their successor has been appointed and qualified, whichever is earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the Board shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that 1/OG 6 ti 1 WIIP/azd 2/15/77 his private or personal interests are involved in any matter coming before the Board, he shall dis- qualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the Board. No one shall be appointed to the Board who holds an elective office. Commencing with those appointed to terms in March, 1977, no appointee shall serve consecutively more than two three-year terms, plus j (1) any portion of an unexpired term to which he or she may have been appointed, or i (2) the remainder of any term to which he or she had been appointed prior to March 1977, provided, however, the Council by unanimous vote may appoint a member to a further term. Any member of the Board may be removed from office for just cause and on written charges by a two-thirds vote of the entire city council, but such member shall be • entitled to a public hearing before such vote is taken. In addition, any member may be removed for non-attend- • ance at Board meetings without action by the City Council, according to rules adopted by the Board. It shall be the duty of the chairman of the Board to notify the City Council promptly of any vacancies occurring in membership, and the city council shall • fill such vacancies within thirty days for the unex- pired term of the original appointment. The Board shall elect one of its members as its chair- man and appoint a secretary who may but need not be one of its members and such other officers as it deems necessary and advisable. Staff services for the Board shall be furnished by the City Council. The Board !, shall have the power and duty of hearing and deciding �tt appeals or requests in the following cases: (1) To hear and decide appeals where it is alleged that there is an error in any order, require- ment, decision or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in .instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when .it is demonstrated 010 - 2 - • WHP/azd 2/15/77 f ` that such actions will be in keeping with the spirit and intent of the ordinance. The Board of Appeals and Adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The Board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Board or governing body as the case may be may impose conditions in the granting of variances to isnure compliance and to protect adjacent properties. • Section 2. Subdivisions 17.4 and 17.5 of Ordinance No. 135 are hereby repealed and there is substituted therefor the following: Subdivision 17.4. Decision by Board of Adjustments and Appeals. Within sixty (60) days after filing of a request for variance of an appeal from an administrative order or determination, the Board of Adjustments and • Appeals shall set a date for hearing thereon and shall hear such persons as wish to be heard either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeal or request and in the case of a request for a variance to each owner of property situated wholly or partly within feet of the property to which the variance relates insofar as the names and addresses of • such owners can be determined by the City Clerk from records available to the public. Within a reasonable time after a • hearing the Board shall make an order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail. Subdivision 17.5. The Board of Adjustment and Appeals shall provide for a record of its proceeding which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it including its final order. Section 3. Subdivision 17.6 of Ordinance No. 135 is hereby repealed and there is substituted therefor the following: • Subdivision 17.6. Review or Appeal. (1) The City Council may elect to review any decision of the Board, or a decision may be appealed by the appellant or petitioner within. forty-five (45) days by filing with the City Clerk an appeal to the Council from the decision of the Board. LJU 1( - 3 - • WHP/azd 2/15/77 { 1 (2) The Council shall at its next regular meeting after the filing of an appeal from a decision of the Board of Adjustments or Appeals, set a date for hearing therein which shall be not later than sixty (60) days after the meeting. The City Clerk shall make a permanent record of the disposition of all appeals to it from decisions from the Board of Adjustments and Appeals. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of , 1977, and finally read and adopted and ordered published at a regular meeting I of the City Council of said City on the day of , 1977. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk • • • - 4 - Part of Subdivision 17.6 Alternate A - Review shall be made upon the petition and all the files and documents and the record of the proceedings. Alternate B - After hearing the oral and written reviews of all interested persons the Council shall make its decision at the same meeting or at a specified future meeting thereof. • • FEB I . 1977 • February 10, 1977 Mayor Wolfgang Penzel City of Eden Prairie • B950 Eden Prairie Road Eden Prairie, MN 5530 Re: Jerry Carnes Property Request Dear 14r. Penzel: There is an issue coming,before the City Council regarding three additional lots and a 15 foot bicycle path on Willow Creek • Road, which I, as a resident, wish to oppose. It behooves me to request that you ask Yr. Carnes to relinquish his easement to Rolland Road as he has been, and will continue to use Willow Creek for his business and the 3 additional lots. •The granting of this request is of great concern as it opens the way for greater traffic for our youngsters, vandalism and disturbance. Please give this your utmost consideration. Thai, you, .( 2e, q • Ruth C. Otis cc: Sidney Pauly ' William Bye Joan Meyers David Osterholt • LION whp/jh 2/9/77 • , 9 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-7 AN ORDINANCE RELATING TO TIE CREATION OF A PLANNING COMMISSION FOR THE CITY OF EDEN PRAIRIE AND REPEALING ORDINANCE NO. 255. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN: WHEREAS, the City of Eden Prairie desires to encourage sound and harmonious growth of the community and its environs and efficiency • and economy in the provision of facilities and services, to insure maximum returns for expenditure of public funds, and to avoid errors and waste resulting from unplanned and uncoordinated development, and WHEREAS, to these ends and for these purposes, it is necessary that there should be prepared and maintained in current form a comprehensive plan, with related studies, statements of policies, regulations and ordinances to guide the developments of the City of Eden Prairie, and WHEREAS, it is recognized that planning is a means to theseends, and WHEREAS, the City is authorized and empowered to establish a planning commission by the provision of M.S. 462.354, NOW, THEREFORE, BE IT ENACTED BY THE City Council of the City of Eden Prairie: Section 1. Establishing Planning Commission; Qualifications of Members; terms of office. There is hereby established a planning commission, hereinafter referred to as the "commission," which shall consist of seven members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one-ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed. The citizen members of the commission on the effective date of this ordinance shall continue to be and act as members.of the commission created herein until March 1 in the year following the year in which their present term expires or until their successors have bten appointed and qualified, whichever comes earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that his private or personal interests are involved in any matter coming before the commission, he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the commission. No one shall be appointed to the commission who holds an elective office. Commencing with those appointed to terms in March, 1977 no appointee shall serve consecutively more than two three year terms plus (1) any portion of an unexpired term to which he or she may have been appointed; or (2) the remainder of any term to which he or she had been appointed prior to March 1977, provided, however, the Council by unanimous vote may appoint a member to a further term. Section 2. Removal. from Office Vacancies. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non-attendance at planning commission meetings without action by the City Council, according to rules adopted by the planning commission. It shall he the duty of the chairman of the commission to notify the City Council promptly of any vacancies occurring in membership, • -2- • ylPG and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. Section 3. Officers, Rules, Employees, Salaries and Expenses. The commission shall elect a chairman and vice chairman from among those of its members who are not appointed ex-officio, and may create such other offices as it may determine. It shall provide itself with a secretary, either by election from among its members or by appointment of an officer or employee of the City who is • not a member of the commission. All members, excluding ex- officio members, shall be entitled to vote, but a secretary who is not a member of the commission shall not be entitled to vote. Terms of all elected offices shall be for one year, with eligibility for re-election. The City Attorney shall act as legal counsel for the commission. The commission shall adopt rules for its governance and for the transaction of its business, and shall keep a record of attendance at its meetings and of resolutions, transactions, findings and determinations showing the vote of each member on each question requiring a vote, or if absent or abstaining from voting indicating such fact. The records of the commission shall be a public record. Subject to approval of the City Council and within limits set by appropriations or other funds made available, the commission may employ such staff, technicians and experts as may be deemed proper, and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Members of the commission shall receive no salaries or fees for their services thereon, but may receive necessary travel, per diem, and other expenses while on official business for the commission if funds are available for this purpose. Section 4. Appropriations, Fees and Other Income. The City Council shall make available to the commission such appropriations as it may see fit for salaries, fees and expenses necessary in the conduct of its work. The commission shall have authority to expend all sums so appropriated and other sums made available for its use from grants, gifts and other sources for the purposes and activities authorized by this ordinance. Section S. Functions, Powers and Duties. The functions, powers and duties of the commission shall be, in general: (a) To acquire and maintain in current form such basic information and background data as is necessary to an • understanding of past trends, present conditions and forces at wort to cause changes in these conditions. -3- C '/01'7 • (b) To prepare and keep current a comprehensive general plan for meeting present requirements and such future needs as may be foreseen. • (c) To establish principles and policies for guiding action affecting development in the City and its environs. (d) To prepare and recommend to the City Council ordinances, regulations and other proposals promoting orderly develop- ment along lines indicated as desirable by the compre- hensive plan and to recommend ordinances regulating the location, height, bulk, number of stories, size of buildings and other structures, the location of roads and schools, the percentage of lot which may be occupied, the sizes of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, or other purposes. For these purposes it may divide the City into districts or zones of such numbers, shape and • area as may deemed best suited to carry out the purposes of this subdivision. (e) To determine whether specific proposed developments con- form to the principles and requirements for the compre- hensive plan and the ordinances. (f) To keep the City Council and the general public informed and advised as to all planning and development matters. (g) To conduct such public hearings as may be required to gather information necessary for the drafting, establish- ment, and maintenance of the comprehensive plan and ordinances and regulations related to it, and to establish public committees for the purpose of collecting and compiling information necessary for the plan, or for the purpose of • • promoting the accomplishment of the plan in whole or in part. (h) To perform other duties which may be lawfully assigned to it, or which may have bearing on the preparation or accomplishment of the plan. In connection with its duties, and within the limit of its funds, the commission may make, cause to be made, or obtain maps, aerial photo- graphs and surveys and special studies on the location, condition and adequacy including, but not limited to: Studies on housing, commercial and industrial facilities; economic development; parks; playgrounds and other recreational facilities; schools; public and private utilities; and traffic, transportation and parking. -4- • ;IV • • All City employees shall, upon request and within a reasonable time, furnish to the commission or its employees or agents such available records or information as may be required in its work. The commission, or its employees or agents, may in the performance of official duties enter upon lands and make examinations or surveys in the same manner as other authorized City agents or employees, and shall have such other powers as are required for the performance of official functions in carrying out the purposes it of this ordinance. Section 6. Plat Approved by Commission. As soon as a major street plan is adopted by the commission and subdivision regulations have been adopted by the City Council it shall become the responsibility of the commission to pass upon all proposed vacation of existing plat or portion thereof or new or amended plats coming directly or indirectly under the jurisdiction of the City. Section 7. Conflicts with Other Ordinances. Separability of Provisions. All ordinances or portions of ordinances in conflict herewith are repealed. Should any section of this ordinance be held unconstitutional or void, the remaining provisions shall nevertheless remain in full force and effect. Section 8. Effective Date. This ordinance shall take effect immediately upon passage. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 1st day of February, 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1977. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the — day of , 1977. -5- whp/Sh 2/10/77 �.i fi { CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-5 AN ORDINANCE RELATING TO HISTORICAL AND CULTURAL ADVISORY COMMISSION AND AMENDING ORDINANCE NO. 346. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: • Section 1. Section 1 of Ordinance No. 346 is hereby deleted and there is substituted therefor the following: Section 1. Subdivision 1. Establishing Historical and Cultural Advisory Commission; Oualifications of Members; Terms of Office. There is hereby established a Historical and Cultural Advisory Commission, hereinafter referred to as the "Commission," which shall consist of seven members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years. The citizen members of the commission • on the effective date of this ordinance shall continue to be and act as members of the commission created herein until March 1 in the year following the year in which their present term expires or until their successors have been appointed and qualified, which- ever comes earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If'any person appointed shall find that his private or personal interests are involved in any matter coming before the commission, 'I0 ) • he shall disqualify himself from taking part in action on the I matter, or he may be disqualified by the chairman of the commission. No one shall be appointed to the commission who holds an elective office. Commencing with those appointed to terms in March, 1977 no appointee shall serve consecutively more than two three year terms plus (1) any portion of an unexpired term to which he or she may have been appointed or • (2) .the remainder of any term to which howeve er,she had been ten - appointed prior to March 1977, provided, council by unanimous vote may appoint a member to a further term. • Subdivision 2.' Removal from Office; Vacancies. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non-attendance at commission meetings without action by the City Council, according to rules adopted by the commission. I' It shall be the duty of the chairman of the commission to notify the City Council promptly of any vacancies occurring in member- ship, and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. • FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of > 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1977. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the _ day of , 1977. -2- (IO l • WIIP/azd 2/11/77 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-4 AN ORDINANCE RELATING TO THE INDUSTRIAL COMMISSION FOR THE CITY OF EDEN PRAIRIE AND AMENDING ORDINANCE NO. 79 AS AMENDED. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Section 4 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following: Section 4. Composition. The "commission" shall consist of seven members appointed by the City Council. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Section 2. Section 5 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following: Section 5. Terms of Office. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years, two for a term of two years and two for a term of one year. Thereafter all appointees shall hold office for the term to which they have been appointed or until their successors have been appointed and qualified, whichever comes earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. No one shall be appointed to the commission who holds an elective office. Commencing with those appointed to terms in March, 1977 no appointee shall serve consecutively more than two three year terms plus (1) any portion of an unexpired term to which he or she may have been appointed; or (2) the remainder of any term to which he or she had been appointed prior to March 1977, provided, however, the Council by unanimous vote may appoint a member to a further term. ua:z , l Section 3. Section 6 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following: ,Section 6. Vacancies. It shall be the duty of the chairman of the commission to notify the City Council promptly of any vacancies within thirty days for the unexpired term of the original appointment. Section 4, Section 7 of Ordinance No. 79 as amended is hereby deleted and there is substituted therefor the following. Section 7. Removal from Office. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non- attendance at commission meetings without action by the Cixy Council, according to rules adopted by the commission. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 1st day of February, 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of _ , 1977. Wolfgang Penzel, Tlayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1977. -2- • '1Uo i • whp/jh 2/9/77 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-2 AN ORDINANCE RELATING TO THE HUMAN RIGHTS COMMISSION AND AMENDING ORDINANCE NO. III AS AMENDED. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: lI Section 1. Section 3 of Ordinance No. III as amended is hereby deleted and there is substituted therefor the following: Section 3. Subdivision 1. Qualifications of Members; Terms of Office. The "commission" shall consist of seven (7) members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years, two for a term of two years and two for a term of one year. The terms of the present members shall terminate upon the adoption of this ordinance and appointment of their successors. Thereafter allappointees shall hold office for the term to which they have been appointed or until their successor has been appointed and qualified, whichever comes earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among per- sons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. If any person appointed shall find that his private or personal interests are involved in any matter coming before the commission, he shall disqualify himself fr.,m taking part in action on the matter, or he may be disqualified by the chairman of the commission. No one shall he appointed to the commission who holds an elective office. • . Commencing with those appointed to terms in•March, 1977 no appointee shall serve consecutively more than two three year terms plus (1) any portion of an unexpired term to which he or she may have been appointed or (2) the remainder of any term to which he or she had been appointed prior to March 1977, provided, however, the Council by unanimous vote may appoint a member to a further term. Subdivision 2, Removal from Office; Vacancies. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for non- attendance at commission meetings without action by the City Council, according to rules adopted by the commission. It shall be the duty of the chairman of the commission to notify the City Council promptly of any vacancies occurring in membership, and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 1st day of February, 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1977. { Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1977. -2 1/0 .•. • whp/jh 2/9/77 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-3 AN ORDINANCE REIATING TO PARKS,RECREATION AND NATURAL RESOURCES COMMISSION AND AMENDING ORDINANCE NO. 291. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 291 is hereby repealed and the following is substituted therefor. Section 1. Subdivision 1. Establishing,Park, Recreation and Natural Resources Commission; Qualification of Members; Terms of Office. There is hereby established a Park, Recreation and Natural Resources Commission, hereinafter referred to as the "Commission," which shall consist of seven members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977: (a) for the term commencing 3/1/77 two members shall be appointed for three year terms; (b) for the term commencing 7/1/77 one member shall be appointed for a two and one-half term. The citizen members of the commission on the effective date of this ordinance shall continue to be and act as members of the commission until the expiration of the term to which they have been appointed or until their successors have been appointed and qualified, which- ever is earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal 1 • interests likely to conflict with the general public interest. If any person appointed shall find that his private or personal it interests are involved in any matter coming before the com- • mission, he shall disqualify himself from taking part in action on the matter, or he may be disqualified by the chairman of the commission. No one shall be appointed to the commission who holds an elective office. Commencing with those appointed to terms in March, 1977 no appointee shall serve consecutively more than two three year terms plus (1) any portion of an unexpired term to which he or she may have been appointed; or (2) the remainder of any term to which he or she had been appointed prior to March 1977, provided, however, the Council by unanimous vote may appoint a member to a further term. Subdivision 2. Removal from Office; Vacancies. Any member of the commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to apublic hearing before such vote is taken. In addition, any member may be removed for non- attendance at commission meetings without action by the City Council, according to rules adopted by the Commission. It shall be the duty of the chairman of the Commission to notify the City Council promptly of any vacancies occurring in member- ship, and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of February, 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1977. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1977. -2- wuel)O hi till I $Y CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 77-13 AN ORDINANCE RELATING TO BUILDING CODES AND AMENDING ORDINANCE NO. 248. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Section 204.6 of Chapter 2 of the 1973 edition of the Uniform Building Code of Ordinance No. 248 is hereby amended to read as follows: Section 204.6 Subdivision 1. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and hereby is created a Board of Appeals hereinafter referred to as "The Board" which shall con- sist of seven members appointed by the City Council from among the residents of Eden Prairie. In addition there shall be one ex-officio member to be appointed from the administrative staff of the city government. Terms of office for members other than ex-officio members shall be for three years and shall commence on March 1st of each year; provided, however, that in 1977 three members shall be appointed for a term of three years, two for a term of two years and two for a term of one year. Thereafter all appointees shall hold office for the term to which they have been appointed or until their successors have been appointed and qualified, whichever comes earlier. The ex-officio member shall be appointed for an annual term, provided that membership on the commission shall terminate with the office from which ex-officio membership is derived; to serve during the pleasure of the City Council or as may otherwise be appropriate. Members other than ex-officio shall be appointed from among persons in a position to represent the general public interest, and no person shall be appointed with private or personal interests likely to conflict with the general public interest. 409? • E1 If any person appointed shall find that his private or personal interests are involved in any matter coming before the commission, he shall disqualify himself from taking part in action on the • matter, or he may be disqualified by the chairman of the commission. No one shall be appointed to the commission who holds an elective office. Commencing with those appointed to terms in March, 1977 no appointee shall serve consecutively more than two three year terms plus (1) any portion of an unexpired term to which he or she may have been appointed or (2) the remainder of any term to which he or she had been appointed prior to March 1977, provided, however, the Council by unanimous vote may appoint a member to a further term. Subdivision 2. Removal from Office; Vacancies. Any member of the ! commission may be removed from office for just cause and on written charges by a two-thirds vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. In addition, any member may be removed for nonattendance at commission meetings without action by the City Council, according to rules adopted by the Commission. It shall be the duty of the chairman of the Commission to notify the City Council promptly of any vacancies occurring in member- ship, and the City Council shall fill such vacancies within thirty days for the unexpired term of the original appointment. Subdivision 3. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the Council such new legislation as is consistent therewith. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this _ day of , 1977 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _day of , 1977. ATTEST: Wolfgang Penzel, Mayor John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1977. -2- TO: MAYOR AND COUNCIL THRU: ROGER ULSTAD FROM: JOHN D. FRANE DATE: 12/9/76 RE: Fire Dept. Capital Improvements Using the following information: Funds Needed In 1978 1979 Pumpers (2) 165,000 Aerial Truck 212,000 Station Addition 302,000 Car 7,000 Stations (2) 309,0002p,000 Rescue Truck • Grass Fire Rig 12,000 6O5,`000 380,000 Capitalized Interest & Sales Costs 50,000 30,000 Bond Issue 700,000 410,000 If a successful referendum were held during the first half of 1977, bonds would be sold during the 3rd quarter of 1977 and the first • quarter of 1978. The tax necessary to finance these improvements would be: Limited Market Value: $40,000 $50,000 $60,000 $70,000 Yearly Cost $11 $14 $18 $21 If the cost were reduced by $42,000 (as in plan II) then the yearly cost would be reduced by $1.00. • • U(j',fi MD'la Sal l''< . StMLF 1 t Soo' , slrEs • 1-4 1;02( I _- 31 N pN____% r , 1 rtN SITE A Id I a ....7777 „.,,,,,, f , !04 ;:. . 41 II r f i2 I�f PZo PoS E D F I r' 1 .;p. ~`` 1 57Arlolu sl fEs .s ,: A . , . . REVISIONS OF A PROPOSAL FOR IMPROVEO FIRE PROTECTION SUBMITTEO TO THE EOEN PRAIRIE CITY COUNCIL OCTOBER 26, 1976 Prepared By Eden Prairie Fire Department 9/142C-41( Ray MOchell, Fire Chief Gene Jacobson, Asst. Fire Chief 6114 Hacking, Oirector partment of Public fety Ui_;2 )455,) CNalC OO9CElC LO a+n6 4,6 VI4-V yy O C yI I')�N ?03•7r a 4., V> 0C 4-,O a)a 0) 7 0 5 C u tIl" s•0 a•n 70U 4-1U C 04-, ma) a $ u� l-�� U74-) C d aalc 7aaj00 >E 4--Ea> • 0.al 4- U) a 4-•.•• On s. 70a d ca4- OI >4, 4--aO.,a d� a Cal a d , .`: a a C) O ppa O O p a 0 a-aa U-a 9�E�^ 0 p p p pp C0 O O 0 a c of al 0a C O Q O O OO^ O O papp V) 0 +- a)4- L NmU7 • CI ,n .LC)- 1n a N a I N co a0 ; > 7 F y•00 N •-,4O-0 a w 4-a 4- i N N r^O 4" C= —0 OVIV, oa0C 'i O a • N r r 5-5,, CV C) C in y 0. e v v Cy ^i U4-, 1)1 r�-, al 4.) . d a) C co,- ,yyn C V,S.- a 1 0J a- • E a)m 4-)a >•r a) I a+ L w 00 .000C. i 04-r- 0-C1. EU +1 a) oa 1- 0i a 0. a1+,a�C C•N�Ub i� ,-. a a O O Op co co a VI r� 0 4-,^ a C o C) C) C) C)Oc g o o o0) csa—le ac,4) 0 05a-00 !i a 0 0 0 0 0 0 • • • '.-y;,0 d O.s- UUy C a a op7•r a O. ,A ,A CV n CV LC) O CV C) i-, 5- C a)0 C i) 0'T ' s-• CV VI rN-r1- CV ^ O Ca 4.,.0 7 00 n 7•r a 0.a a) C 4,a•ri Vaaal1 p a 7♦, C♦,O. VI O C i C N O �i, U Cra E 0,5, m N r r r 0 nC-.0 t a .... a 5- 00 .�.--- 4,E.c�mc 0W>, d 'O U YNFU US 0 . `naia isCE00 a0) Ocn 1� C a yc 9 yE OE 0 a) a C O a a p E > O•U•.-a U V,•r-•r C c) p p • p p $ O o s na do a s wr+) a O m 0.0 >•r 4- 5- a 014-,•.- O. O O O 0 O O a a,^ 0 0—O a C C Tar �! s• - awtn 4- > a)a0 •.-00aa to C >4-, a)a) >7 .c a u, • •, a) W N C) CV ^ CV01 gaO Ca00p a �U0 0 ' > CV CV CV CV 400)ONa 44 4-, 0 in i a)0 O i c^ 4,>? � Lvc�a VI r- r r r I . ^ aE 7ryaa, wn * 0 54 EC40 �ca-, a4-1C•- E E 0r EaEr a) In 04-,0) ro C+)r i wc E oa+, o)n.0 o c 0 m � 4. U7 drr- sV +,aUa > 4- a > 70 C CC a) a0 ; 0055- a)aaav,•'-a 0+p-V, as C 4-,4.) > a C G VI; vs C 4-) i >.c I v)4- a in > a) 0•r 0.-0++ • 0 b ¢ >aG V 50500cY 4)-ao0) a ' I- 0'7 4-,.0 a•.- U a T p 0 y }5, O a, V,a) C U O4'2 U 7 F 4-) C 7 7 F L s•s a s•i, O. aa,C 4- 4- tn 0 a a 4.1 y0. n9E3ta 0s.a C0 ate)•r C N 7 54 aa, 0) > �aaa: - uaoinE .oC4.1 —a, 1 s. ^ 0 ra•r E Mai,C)a a0) ✓ a 0 U C U U ~ n C� ::4-,N O • 0 a Y a ++ 0 0 7 ON a) C a s.++ a) CNE•r- 7 J C 0 i-, 1--. I- C E s• C 0 a) a C 0 C 0 a as a) 700 C0)44 ai a) i 0 4-, a) 0 LL 5-47 >, 10C 0 ♦, 1.00r ,a 0 r ya 4 4. 4-, ,tea. Cl) U U 0 M 0 03 U C y M 03 n.0 a-,LCV VI m 0 4 Q 4-) 2 p0) 0 C. C a C.0 CU•r• 4- a 7 C U. c c7 0ar •r 451.-03 OEU 0 , b Expected Insurance Rating Meetings have been held with a representative of the Insurance Services Office in regard to planning for a proposed improvement. These meetings confirmed his previous opinion (see attached letter) that major additions in pumping capacity, the addition of aerial equipment, and decheased travel distances would be required to improve beyond the present Class 8 rating. They indicated that these improvements would very likely change our rating to a Class 6 or lower. (Lower ratings would not further reduce residential insurance premiums). A formal request has been submitted to the Insurance Services Office for their written opinion concerning the possibilities of rate reduction and the amount of that reduction. *If successful in obtaining a Class 6 rating, the fire insurance premiums in the city would be reduced an average of 10%. The approximate savings for each home owner would be as follows: Insured Value Savings $40,000.00 $10.00/year $50,000.00 13.00/year $60,000.00 16.00/year $70,000.00 20.00/year The savings for commercial or industrial property would be comparable. *Based on premiums currently in effect exclusive of any general rate increases by individual insurance companies. • Vti March 1, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-29 RESOLUTION APPROVING PLANS AND p SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-294) • WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-294, Utility and street improvements in Forest Knolls 2nd Addition and has presented such plans and specifications to the Council for approvals NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 3 weeks, shall specify the work to be done and shall state that bids will be opened at 10:00 O'clock A.M. on Friday, April 1, 1977 The bids shall be considered by the Council at 7:30 O'clock P.M. on Tuesday, April 5, 1977, in the Council Chambers of the • City Hall. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to • the City for 54 (percent) of the amount of such bid. ADOPTED by the Eden Prairie City council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk • • March 1, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-28 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-294) • WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-299, Utility and street improvements in Stewart Highlands and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, area hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Friday, April 1, 1977. The bids shall be considered by the Council at 7:30 o'clock P.M. on Tuesday, April 5, 1977, in the Council Chambers of the City Hall. No bids will be considered unless sealed and filed with the Clerk and ac • - companied by a cash deposit, cashier's Check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer • DATE: February 24, 1977 SUBJECT: Maple Leaf Acres 2nd Addition PROPOSAL: Jarip Corporation is requesting City Council approval of the Final plat of Maple Leaf Acres 2nd Addition. This is a 25 lot single family residential Plat (R1-13.5) located adjacent to and south of Maple Leaf Acres Addition in Section 6. HISTORY: The Preliminary Plat was approved on February 3, 1976, per Coun- cil No. 1087. Zoning to R1-13.5 was finally read and approved by the Council on March 23, 1976, per City Ordinance No. 314. The Final Plat now submitted for approval conforms with the approved Preliminary Plat. VARIANCES: A variance from City Ordinance No. 93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the approval date of the Preliminary Plat and filing of the Final Plat will be necessary. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing and street signs will be installed throughout the development in accordance with City stan- dards. Street lighting will be installed upon the upon the request of the developer or homeowners. It is proposed that the cost of such street • • lighting will be billed to each homeowner in the subdivision in con- junction with the sewer and water billings (est. $1.25 per month). A temporary vehicle turnaround will be constructed by the developer on Lot 15, Block 3, in accordance with the City standards. A temporary easement for this trunaround will be provided by the developer. This requirement is in conformance with the Rezoning Agreement dated March 23, 1976. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION No. 77-31 A RESOLUTION APPROVING FINAL PLAT OF MAPLE LEAF ACRES 2ND ADDITION WHEREAS, the plat of Maple Leaf Acres 2nd Addition has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code ter 462 of the Minnesota Statutes and all proceedings have been and under Chap duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Maple Leaf Acres 2nd Addition is upon compliance with the recommendation of the City Engineer's Report on this plat dated February 24, 1977. B.. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse bbetwee the plat approval date of the preliminary plat and filing of as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this Resolution.in the office of the Register of4Dee35a d /ordor Regis- trar of Titles for their use as required by MS ,D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and:subdividers of the above named plat. E. That the Mayor and Cit Manager barelf roebyha authorized zedntilExecuteam- the certificate of approval pliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor SEAL ATTEST: John Franc, Clerk 1/G'G • • - 2 - • PARK DEDICATION: A cash contribution of $300 per platted lot will be re- quired for the plat, as per the Rezoning Agreement. This will be due upon application for a building permit. Areas shown on the Plat as Park 1 and Park 2 will be dedicated to the City. BONDING: A performance bond or letter of credit approved by the City Attorney shall be posted in an amount approved by the City Engineer to '- cover the cost of sanitary sewer, watermain, storm sewer, streets and signs. RECOMMENDATION: Recommend approval of the Final Plat of Maple Leaf Acres 2nd Addition subject to.the requirements of this report and the follow- ing: 1. Execution of the "Developer's Agreement." 2. Receipt of fee for City Engineering services in the amount • of $750. 3. Satisfaction of bonding requirements. L, 4. Dedication of Park 1 and Park 2. • CJJ:kh • • Ir.)) • JOINT USE RENTAL AGREEMENT CITY OF EDEN PRAIRIE CONTRACT NO. 438 This Agreement, made and entered into this day of , by and between the Metropolitan Waste Control Commission, a metropolitan commission established pursuant to the provisions of Chapter 13, Laws 1975, (MSA 473.501 et seq), whose address is 350 Metro Square Building, Saint Paul, Minnesota, hereinafter referred to as the "Commission"; and, the City of Eden Prairie, a Municipal Corporation of the State of Minnesota, County of Hennepin, whose address is 8950 Eden Prairie Road, Eden Prairie, Minnesota, hereinafter referred to as the "Municipality"; WITNISSETH THAT: In.the Joint and mutual exercese of their powers and in consideration of the mututal covenants herein contained, the parties hereto recite and agree as follows: Section 1. Recitals. The Commission has assumed the ownership of all interceptors and treatment works in the Metropolitan Area needed to imple- ment the Metropolitan Council's comprehensive plan for the collection, treat- ment and disposal of sewage in the Metropolitan area, as determined by the Council. The Commission has not assumed the ownership of certain inter- ceptors (or segments thereof) which are jointly used by two municipalities including the Duck Lake (DL-I) interceptor system located in the City of Eden Prairie, located as shown on attached Exhibit A. Section 2. Commission Use of Interceptor. 2.01 Use Permitted. The Municipality agrees that during the period from January 1, 1977, throu4h December 31, 1977 and during any period for which this Contract is renewed as provided in Section 4, that the Commission may cause all sewage originating in the area of the City of Chan- .lo g0 _. y - 2 - hassen, shown on Exhibit A, to be discharged into and through the DL-1 interceptor in the City of Eden Prairie. The Municipality shall continue to own the EL-1 interceptor. 2.02 Operation and Maintenance. During such period the Municipality agrees to operate and maintain the interceptor in good operating condition and to pay all costs thereof. Such operation and maintenance shall be the normal cleaning and flushing operations associated with sani- Lary sewers. It is understood that the costs involved with any major structural repairs required shall be shared on a mutually agreeable basis between the Cities of Eden Prairie and Chanhassen. Section 3. Commission Payment for Use. The Commission hereby agrees to pay the Municipality an annual rental payment of S872.00 for the use, operation and maintenance of the interceptor to the City of Eden prairie during the year 1977 and any subsequent year for which this Constract is renewed pursuant to the provisions of Section 4. The annaul rental pay- ment shall be paid in twelve (12) equal installments each year. Section 4. Renewal of Contract. On or before November 1 in any year the Commission shall give the Municipality written notice of its inten- tion to renew this Contract for the following calendar year. Within thirty (30) days after receipt of such notice the Municipality shall notify the Commission in writing whether it will renew the Contract. If the Munici- pality fails to give such notice within such period, the Contract shall be renewed for the following calendar year without modifications, except by consent of both parties. If the Commission fails to give the Municipality notice of its intention to renew by November 1, the Contract shall be re- newed only by consent of both parties. 116141 IN WITNESS WHEREOF, the parties have executed this Agreement as of • , 1977 METROPOLITAN WASTE CONTROL COMMISSION By: Chairman By: Chief Administrator CITY OF EDEN PRAIRIE By: By: MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 24, 1977 SUBJECT: Registered Land Survey for Missouri Synod Lutheran Church The attached Registered Land Survey, dated 2/16/77, for the Missouri Synod Lutheran Church is located on Part of Lot 2, Block 6, Basswood Forest and has been submitted for City Council approval. Tracts A and B contain ap- proximately 1 acre and 4 acres respectively. Tract A will be conveyed to the Preserve Homeowners Association for pathway purposes. Tract B will be purchased by the Missouri Synod Lutheran Church for a future building site. The remainder of Lot 2, Block 6, Basswood Forest is located north of and adjacent to the proposed RLS and was previously dedicated to the City for School purposes. PREVIOUS COUNCIL APPROVALS: The approved Preserve PUD 70-3 designates this , site as a church location. The site is presently zoned Rural and will require proper zoning before construction will be permitted UTILITY SERVICE: Sanitary sewer and watermain to serve the site area available from Center Way. Roadway access to the site will also be from Center Way. PARK DEDICATION: Tract A will be conveyed to the Preserve Homeowners Association for pathway purposes. This pathway connects the Westwind Pathway system and the Preserve Center. Driveway easement across said Tract A must be retained for access to Tract B. VARIANCES: No variances from current City Ordinances have been requested by the developer. BONDING: City owned and maintained utilities will not be constructed on this site, therefore bonding will not be required. RECOMMENDATIONS: Recommend approval of the attached Registered Land Survey for teh Missouri Synod Lutheran Church site in The Preserve. The land division fee shall be $25.00 CJJ:kh ' • 40113 r S 1 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST • March 2, 1977 • CONTRACTOR (1 & 2 Family) 3.2 BEER OFF SALE Aquarius Swimming Pool Co. Worrell's Valley Dairy Jarip Builders Lloyd Homes CIGARETTES & TOBACCO Charles H. McDonald Co. Worrell's Valle Dairy Enterprise y Teri Homes, Inc. FOOD ESTABLISFMIENT - Type A CONTRACTOR (Multi-family & Comm.) Hennepin County Vocational Center Harlan Koehnen Builder • Lee Construction FOOD ESTABLISHMENT - Type C George C. Maurer Construction, Inc. Twins Leasing Co. Edenvale, Inc. Orange Julius PLUMBING Worrell's Valley Dairy Loren Brown Plumbing SNACK BAR Thompson Plumbing Co. Donald Weld Baskin-Robbins Ice Cream Thoen Plumbing, Inc. RETAIL CANDY STORE ' HEATING & VENTILATING Worrell's Valley Dairy Thoen Plumbing, Inc. • Home Heating & Air Conditioning VENDING MACHINES Eden Prairie Skelly GAS FITTER Worrell's Valley Dairy Home Heating & Air Conditioning WELL DRILLING Max Renner Well Company Torgerson Well Co. These licenses have been approved by the department head responsible for the licensed activity. Rebecca Quernemoen, Deputy Clerk Li014 February 25, 1977 • STATE OF MINNESOTA . CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 02-11-77 9795 VOID OUT CHECK (13.09); 02-14-77 9851 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employers ASSN. contribution 2-4 payroll 4,577.03 9852 FEDERAL RESERVE BANK Taxes withheld 2-4 payroll 5,031.76 9853 UNITED WAY Contributions withheld 2-4 payroll 24.01 ' 9854 ELIZABETH JOHNSON January services 66.56 '? 9855 INTERNATIONAL UNION OF OPERATING ENGINEERS February dues withheld 103.50 9856 STATE OF MINNESOTA December sales tax report 1,180.54 9857 STATE OF MINNESOTA Jan. taxes withheld 2,874.86 9858 LES BRIDGER Information expense 50.00 9859 GOVERNMENT TRAINING SERVICE Registration for State Police Chiefs meeting-Jack Hacking & Keith Wall 120.00 9860 STATE OF MINNESOTA Registration for workshop for Jean Johnson-Planning dept. 25.00 9861 PUBLIC EMPLOYEES RETIREMENT ASSN. Employer contribution 2,335.41 9862 POSTMASTER Postage for meter 1,000.00 ' 9863 PUBLIC EMPLOYEES RETIREMENT ASSN. Employees withheld and employers contribution 2-28 payroll 4,488.24 9864 UNITED WAY Donations withheld 2-28 payroll 24.01 9865 FEDERAL RESERVE BANK Taxes withheld 2-28 payroll 5,060.01 9866 HENNEPIN COUNTY 30% of rent for taxes 5,724.00 9867 EARL ANDERSEN & ASSOC. Traffic control equip. 884.35 9868 AMERICAN PUBLIC WORKS ASSOC. Dues 100.00 9869 A & G DRAFTING Supplies-Park Planning 39.00 9870 BROWN PHOTO Services-Public Safety dept. 70.69 ' 9871 ANN BERNE Skating instructions • 210.00 ; 9872 BRAUER & ASSOC., INC. Services-Guide Plan 624.78 9873 BUSINESS FURNITURE INC. File cabinets-Public Safety dept. 246.16 9B74 CITY OF EDINA Water lab samples 18.00 , 9875 CHAPIN PUBLISHING CO. Bid ads 53.28 , 9876 CURLE PRINTING CO., INC. Business cards 21.00 ' 9B77 CARGILL SALT Salt 157.90 9878 DRIVER LICENSE GUIDE CO. Identification manual-Public Safety 40.00 9879 DALCO Cleaning supplies-Water dept. 80.00 9B80 EAGAN, FIELD & NOWAK, INC. Surveying services Hoeft 890.00 9881 EDEN PRAIRIE SCHOOL Equipment fuel 1,699.24 9882 EDEN PRAIRIE CLEANERS, INC. Services-Public Safety dept. 27.00 9883 EDEN PRAIRIE GROCERY Supplies-Public Safety dept. 22.28 9884 ROBERT FLINT Services-Public Safety dept. 52.50 9885 FYS FRAMING Frame for Public Safety dept. 21.68 9886 ANTHONY FIORNETINO Reimbursement for supplies for firearm safety 21.33 . 98B7 JOHN FRANE February expenses 109.60 98B8 FULLER LABORATORIES, INC. First aid supplies 208.78 9BB9 STEVE GEIGER Dues 4.00. 9890 GROUP HEALTH PLAN Employees insurance 391.90 9891 GUNNAR ELECTRIC CO. Service-Park dept. and Fire Hall 1,058.14 9892 HENNEPIN COUNTY Property descriptions-Engineering 12.00 .. m February 25, 1977 a 02-25-77 9893 PAUL HEINEN Snowmobile safety refund 2.00 9894 HENNEPIN COUNTY CHIEFS OF POLICE ASS'N Dues for Jack Hacking 15.00 9895 HICKORY LODGE RESORT Reservation and rooms for firemen at State Convention 180.00 9896 HAYDEN-MURPHY Equipment rental for traffic control 202.00 9897 HENNEPIN COUNTY FIRE CHIEF'S ASS'N Dues-Ray Mitchell 10.00 9898 JACK HACKING Expenses 58.96 9899 INTERNATIONAL BUSINESS MACHINES Balance on typewriter 150.00 9900 INDUSTRIAL ARTS SUPPLY CO. Supplies-Forest Hills play structure 59.90 9901 INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS Book-Assessing dept. 3.00 9902 FRANK JEDLICKI Repair service-Water dept. 280.00 9903 JUSTUS LUMBER CO. Materials 4.48 9904 KLEVE HEATING Fan belts-City Hall 7.00 9905 ROBERT KERN Mileage 24.31 9906 MICHAEL KNOLLS Snowmobile safety refund 2.00 9907 KRAMERS HARDWARE Supplies 291.39 9908 LOCAL GOVERNMENT INFORMATION SYSTEMS Service for January 967.08 9909 LEEF BROS., INC. Rugs and rags 74.95 9910 MILLER DAVIS CO. Forms-Assessing dept. 11.00 9911 METROPOLITAN ANIMAL PATROL January services 437.50 9912 MAYVIEW RADIO Repair service to radios 106.55 9913 MINNESOTA STATE TREASURER Snowmobile safety certification 28.00 9914 ROBERT MARTZ February expenses 103.65 9915 MINNESOTA CHIEFS OF POLICE ASS'N Membership for Jack Hacking 20.00 9916 LINDA MARTINSON Gymnastics refund 10.00 9917 I.IINNESOTA STATE TREASURER Firearm safety certificates 56.00 9918 MEDICAL OXYGEN Oxygen-Fire dept. 197.50 9919 MINNESOTA FIRE PROTECTION COUNCIL Registration for Michael Gerdts 7.00 9920 METRO PRINTING, INC. Notices 32.00 9921 METROPOLITAN FIRE EXTINGUISHERS Three extinguishers 144.00 9922 MINNEGASCO Service 1,234.48 9923 MINNESOTA VALLEY ELECTRIC CO-OP Service ' 3.75 9924 NDRTHERN STATES POWER CO. Service 380.00 9925 NORTH STAR DODGE, INC. 1977 Dodge for Public Safety 5,202.27 9926 DONALD NELSON Services-l69 100.00 9927 NORTHWESTERN BELL Service 707.27 9928 NORTHERN STATES POWER CO. Service 3,627.27 • 9929 DAVID OLSON Mileage 40.80 9930 CHAS. OLSON & SONS, INC. Flares-Public Safety dept. 62.64 9931 ERIC POULSEN Refund on ski lessons 20.00 9932 PERBIX, HARVEY, SIMONS & THORFINNSON Services 6,825.07 9933 PAPAS ART STUDIO Crime drawing-Public Safety 15.00 9934 ALEC RUTH Bundles of lath 35.00 9935 RAPID COPY, INC. I.D. cards-Public Safety dept. 135.00 9936 ROBERTS DRUG Medicine for prisoner 8.68 9937 RAPID COPY, INC. I.D. card 6.00 9938 DAVE STERNER Snowmobile safety refund 2.00 9939 STATE OF MINNESOTA Sewer dept. lease 2.OD 9940 STREETER Trafficounter 520.51 9941 ST PAUL BOOK Supplies-Public Safety dept. 42.30 9942 ROBERT SMITH Services-Public Safety dept. 44.40 Llbui, February 25, 1977 )2-25-77 9943 SULLIVAN SEPTIC SERVICE Pump manhole-City Hall sewer system 244.50 9944 T. J. ENTERPRISES Plexiglass-Public Safety dept. 45.0D 9945 JOHN WILEY & SONS Book-Park Planning dept. 2D.70 9946 • WALL STREET JOURNAL Subscription 45.00 9947 WESTERN AREA FIRE TRAINING ASS'N City's share of the 1977 budget 1,171.15 9948 SANDRA WERTS Expenses 69.86 9949 RICHARD WERPY Oral board for community service officers 50.0 0 150.0 9950 WATER PRODUCTS COMPANY Supplies-Water dept. 9951 WESTERN LIFE INSURANCE Life insurance withheld and employees health insurance 1,6604.76 9952 XEROX CORPORATION Service 17 9953 ZEP MANUFACTURING CO. Chemical protection for skin- 38.85 Water dept. 9954 ZIEGLER, INC. Grader edges and equipment parts 515.48 9955 M. E. LANE, INC. Workmans Comp insurance 3,699.00 TOTAL 70,231.58 • 1-01