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HomeMy WebLinkAboutCity Council - 11/01/1977JOHN FRANE EDEN PRAIRIE CITY COUNCIL lUtbLIAT, NUVtMUK 1, 1W/ COUNCIL MEMBERS: COUNCIL STAFF: 7:00 PM, CITY HALL Mlayor\Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Frane; Director of Community Services Marty Jessen; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. AFPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. CONTRIBUTION OF $1,000 FOR CIVIL DEFENSE SIRENS FROM THE JAYCEE'S (Presentation to be made by Jim Lindsay) III. MINUTES OF THE SPECIAL COUNCIL MEETING HELD MONDAY, SEPTEMBER 12, 1977 MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, OCTOBER 4, 1977 IV. PUBLIC HEARINGS A. Amoco Oil, rezoning by Amoco Oil Company. Request to rezone from Page 5724 Rural to nlyhway Commercial an approximate 3/4 acre site on the north side of U.S. 169/212 across from Eden Prairie Center north entrance, and approval of RLS. (Ordinance No. 77-41) B. Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and Page 5737 Michael Adams. Request for preliminary plat and rezoning from Rural to R1-13.5 for single family homes. The 3rd Addition is located west of Franlo Road and south of Bonner/Waters Addition. The 4th Addition is located north of Pioneer Trail and East of the Olympic Hills Golf Course. (Ordinance No. 77-39, Olympic Hills 3rd Addition rezoning from Rural to R1-13.5, and Ordinance No. 77-40 for Olympic Hills 4th Addition rezoning from Rural to R1-13.5. Resolution No. 77-136, approving preliminary plat of Olympic Hills 3rd Addition and Resolution No. 77-137, approving preliminary plat of Olympic Hills 4th Addition) C. Knoble Addition by Universal Land Corporation. Request for Page 5752 prgiMinary plat approval and rezoning from Rural to R1-13.5 for 14 single family homes. (Ordinance No. 77-38 and Resolution No. 77-135) Golf Vista Addition by Edenvale, Inc. Request for preliminary plat and Page 5773 rezoning from Rural to RN 2.5 approval on revised plan for double bungalows and apartments. Site is located east of Golf View Drive and north of Valley View Road. (Ordinance No. 77-42 and Resolution No. 77-138) Page 5723A Page 5723B Council Agenda - 2- Tues.,November 1, 1977 IV. PUBLIC HEARINGS (continued) E. Edenqate by Gerald B. Pautz & Pautz-Franklin Realty Company. Request Page 5775 for PUD Development Plan approval, preliminary plat and rezoning from Rural to RN 6.5 for 198 townhouses. (Ordinance No. 77-37 and Resolution No. 77-134) V. REPORTS OF ADVISORY COMMISSIONS VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 77-36, amending Ordinance No. 186, Page 5821 pertaining to the prevention and control of tree diseases VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Mem6ers B. Report of City Manager 1. Setting of a Public Hearing for large acreages of property along Page 5826 the Chicago Northwestern Railroad in Southwestern Eden Prairie to Planned Study 2. Concept approval for fire station facilities, and setting Page 5827 date for accepting hids (7. Report of City Attorney D. Rcport of City Engineer 1. MIS Company Sign Request Page 5828 2. Final Plat Approval for Meadowood 1st Addition (Vale Woods) Page 5829 (Resolution No. 77-144) 3. Application for Special Assessment deferral for senior citizen Page 5832 4, Chemical Waste Disposal Site Page 5835 5. Acceptance of-Utilities in The Preserve Center Area Page 5845 E. Report of Finance Director I. Payment of Claims Nos. 7236 - 7359 Page 5847 2. Clerk's License List Page 5850 3. Selection of Auditor's for 197 7 Audit Page 5851 VIII. NEW BUSINESS UNAPPROVED MINUTES . EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING MONDAY, SEPTEMBER 12, 1977 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:00 PM, CITY HALL Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly City Manager Roger Ulstad and Finance Director John Frane ROLL CALL: All members present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bye moved, seconded by Pauly, to approve the agenda as publfshed. Motion carried unanimously. II. DISCUSSION OF 1978 CITY BUDGET City Manager Ulstad outlined the proposed budget, speaking to the increased expenditures and reasons for the requests. The Staff reviewed changes in the State Statutes relative to computing assessed values. The Council requested that the estimated 1978 values as submitted by Hennepin County be checked to insure their accuracy. The Council reviewed the estimated 1978 revenue projections and asked for a status report of six month actual revenues and 12 month estimated for 1977. The Council also requested a report on the status of the City's State Aid Construction Fund, including encumbrance. Expenditure increases were reviewed and where changes in the 1978 proposed budget were in excess of 15% over the 1977 budget, additional information will be provided prior to the next budget hearing. City equipment requests were reviewed, in particular equipment necessary for the tree disease program were studied. The Council requested staff to restructure the tree disease program to be more comparable to the expenditures allocated for the 1977 budget program. III. NEW BUSINESS None IV. ADJOURNMENT MOTION: Bye moved, seconded by Pauly, to adjourn the meeting at 9:10 PM. Motion carried unanimously. ii7 23 A UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 4, 1977 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:00 PM, CITY HALL Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; City Engineer Carl Jullie; and Recording Secretary Joyce Provo INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the Council agenda: A. Brief discussion on Golf Vista under "New Business" B. Communication from attorney for Vale Woods requesting City to absorb the spet.;(11 assessments from one lot undeTwCity Attorney" C. Tree Disease Ordinance proposed by the Parks, Recreation & Natural Resources Commission under "New Business" MOTION: Osterholt moved, seconded by Bye, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 1977 Pg. 3, 2nd paragraph, 1st line, strike "Valley View Road" and insert "Ticonderoga Trail". Pg. 8, 3rd para., 1st line, strike "people" and insert "people". Pg. 10, 1st para., strike "Not discussed" and insert in lieu thereof "Not provided for in our present form of government." MOTION: Osterholt moved, seconded by Bye, to approve the minutes of theRegularly Scheduled Council Meeting held Tuesday, September 6, 1977, as amended and published. Osterholt, Bye, Meyers and Penzel voted "aye", Pauly "abstained". Motion carried. III. PUBLIC HEARINGS A. 1977 Special Assessment Hearing (Resolution No. 77-122) City Engineer Jullie spoke to his memo dated 9/30/77 outlining the changes made in the draft Resolution No. 77-122 which was submitted to the Council on 9/20/77. 51))31)) Council Minutes - 2 - Tues.,October 4, 1977 A. 1977 Special Assessment Hearing (continued) Jullie referred to a letter received from Attorney Paul H. Anderson on behalf of Mr. & Mrs. Calvin Anderson pertaining to Trunk Water and Sewer Assessments: Section 14, Parcel 0500 and Section 15, Parcel 9520, requesting deferment of assessments on aforementioned parcels. Jullie stated that because property does not have one or more utilities he would question it as a valid reason for not levying the assessment. Pauly asked if request of Mr. Anderson could be considered if he shows reasons why property is unbuildable. Jullie replied in the affirmative. Osterholt questioned why the flood plain areas have been deleted and how does this affect the values of those properties if and when the City shows an interest in the Purgatory Creek Corridor acquisition? City Manager Ulstad responded it places the City in a negotiable position at the time a request may be received to develop property. City Attorney Perbix added the test in acquisition gets to be what is the highest and best use of the property, further stating in our flood plain we have very restrictive uses and it is a type of zoning in effect. Perbix noted the ordinances set out what you can and can't do and that assessments are levied as a benefit of the property - if there is no benefit, there should be no assessments. Perbix commented that the flood plain does not prohibit all types of development, it eventually restricts the type of development. The flood plain assessment shouldn't be the same as single family detached. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 77-122, aprewing the 1977 Special Assessments. Meyers, Bye, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. B. Garrison Forest 2nd Addition, The Preserve, request to rezone from Rural to R1-13.5 and preliminary plat 43 lots on approximately 25 acres William Bale, legal counsel for The Preserve, explained that The Preserve is agreeable that no part of the parkland will be taken for the widening of Anderson Lakes Parkway. The Garrison Forest 2nd Addition plat has been revised and the Planning Commission has approved the rezoning of this property as presently before the Council. The Preserve will give the City a letter in a form satisfactory to the City Manager and City Attorney that this entire widening (60 foot strip) will come off The Preserve property; however, in the event the City decides not to use the land, The Preserve requests that it be reverted back to them. Mr. Bale further requested that, if the Council so desires,reconsideration be given the Amsden Hills proposal which was denied by the Council un August 16, 1977 because of the widening of Anderson Lakes Parkway. General discussion took place regarding cash park fee or land in lieu thereof, and density tradeoffs. Osterholt expressed his concern that the cash park fee is still a feasible matter and should be paid by the developers in the three PUD areas (The Preserve, Edenvale and Hidden Ponds). Bale responded that The Preserve is working under the assumption that this particular land was within the original PUD and no additional cash fee was required for this plat. 1)'1,1-3C Council Minutes - 3- Tues.,October 4, 1977 B. Garrison Forest 2nd Addition, The Preserve, request to rezone from Rural to R1-13.5 and preliminary plat 43 lots on approximately 25 acres (continued) Meyers asked if the right-of-way could be left the way it is until the City needs it, or should it be platted and deeded over to the City now. Perbix responded The Preserve would have no objection of deeding the right-of-way to the City with the reversion clause in it, and that we have taken property with a reversion clause on it before. Lee Johnson, The Preserve, outlined the trails in the proposed project. Fred Baumann, 10805 Valley View Road, questioned if the 90 degree turn in the development road is intended to be extended. Putnam stated that it gets back to what happens with the road. Baumann further questioned if there could be another access built to the open space. Putnam explained that it is over 600 feet from that area to the intersection and could certainly have an in-out, and there would be an opportunity at this time to have an access to County Road 18 on the southerly property line. The other question is what is going to happen with County Road 18, and Putnam stated that is another reason leaving the land vacant seemed to make sense to the Commission. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and give a 1st Reading to Ordinance No. 77-33, rezoning from Rural to R1-13.5 for approximately 35 single family lots, Garrison Forest 2nd Addition, The Preserve. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-118, approving the preliminary plat for 35 lots for Garrison Forest 2nd Addition, The Preserve, with the understanding that the City would have the option when the matter is resolved of assessing the cash park fee. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to direct the City Attorney to draft a rezoning agreement for presentation before the 2nd Reading of Ordinance No. 77-33, including that the additional right-of-way for widening Anderson Lakes Parkway will come south of the existing roadway, a reversion clause, The Preserve be required to sign the vacant land on the northeast portion of the plat saying it is potential non-residential development, and that if the vacant land does not develop single family detached, a buffer and screening treatment will be required by the City at that time between the two non- complimentary uses, and that the City has the opportunity to assess the cash park fee if so resolved. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to reconsider the Council's action of August 16, 1977 denying the Amsden Hills 2nd Addition rezoning. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to set December 1, 1977 as the Public Hearing date for Amsden Hills 2nd Addition and republication of same. d Motion carried unanimously. r)//2D Council Minutes - 4 - Tues.,October 4, 1977 C. 1978 City Budget (Resolution No. 77-130) Discussion took place as to how effective the City's newsletter, HAPPENINGS, is to our community, and how many publications should be sent out each year. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-130, certifying the 1977 tax levy, collectable in 1978. Motion carried unanimously. Crosstown Industrial Park by Frank Cardarelle, request to $ preliminary plat 12 acres into 3 lots and rezone from Rural to 1-2 Park Frank Cardarelle, the proponent, outlined the proposal and answered questions of Council members. Meyers questioned if the entrance road to the parcel is going to be wholly on Mr. Cardarelle's property. Mr. Cardarelle answered in the affirmative. Osterholt asked if the proponent anticipated any permits for mining. Mr. Cardarelle stated there would be no mining on this particular piece of property in question. City Planner Putnam spoke to the actions taken by the Planning Commission at their meeting held August 22, 1977, whereby approval of the proposal was recommended. MOTION: Bye moved, seconded by Osterholt,to close the Public Hearing and give a 1st Reading to Ordinance No. 77-34, rezoning 12 acres into 3 lots from Rural tO 1-2 Park for the Crosstown Industrial Park. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-129, approving the preliminary plat for Crosstown Industrial Park. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a rezoning agreement to include that the cul-de-sac be extended to the northeast corner of property to insure future development access off of Flying Cloud Drive, Outlet A not be zoned to 1-2 Park, but should remain Rural until future platting of adjacent properties occur, and all industrial lots are subject to cash park fee. Motion carried unanimously. IV. REPORTS OF ADVISORY COMMISSIONS A. Report from Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Commission on the following: 1. Cash Park Fee Policy/Land Dedication requirements Richard Anderson, Chairwan of the Parks, Recreation & Natural Resources Commission, spoke to memo dated September 30, 1977 regarding the Cash Park Fee/Parkland Dedication Policies. Osterholt felt there is nothing in the present policy that exempts the three PUD's (Edenvale, Hidden Ponds and The Preserve), from paying the cash park fee. 51-z :3 E, D. Council Minutes - 5 - Tues.,October 4, 1977 1. Cash Park Fee Polic.y/Land Dedication requirements (continued) General discussion took place regarding density trade-offs. Don Peterson, Edenvale, stated that Edenvale has been ready, willing and able to convey deeds to their property for several years and will deliver these deeds when the City resolves this issue. He further explained there was never any discussion of park dedication fees at the time this policy was adopted, and that Edenvale has agreed since then to dedicate more parkland than was originally requested. If the City chooses there should be cash dedication in addition to the gift of land, then Edenvale feels there should be a credit back to them. MOTION: Osterholt moved, seconded by Pauly, to refer this matter to Staff for a report on background information, to be reported back to the Council as soon as possible. Motion carried unanimously. 2. Edenqate/Markum Properties and Purgatory Plan Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Commission, spoke to memo dated September 30, 1977, and answered questions of Council members. Meyers questioned how long it would be before the application for funding would be approved. Mr. Anderson responded about a year. Council received and filed memo dated September 30, 1977. 3. Discussion on reaffirming the City's policy on liquor store profits Richard Anderson, Chairman of the Parks, Recreation & Natural Resources Commission, spoke to memo dated September 30, 1977, and answered questions of Council members. Anderson strongly stressed that the liquor store revenues be used for parks and recreation, and particularly for parks. Penzel stated that the Council adopted a position to use the funds for parks and recreation and/or Public Safety. Council received and filed memo dated September 30, 1977. V. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 77-32, renaming Garrison Way to Amsden Way MOTION: Osterholt moved, seconded by Bye, to give a 1st Reading to Ordinance No. 77-32, renaming Garrison Way to Amsden Way. Motion carried unanimously. B. 2nd Reading of Ordinance No. 77-19, Norseman Industrial Park, rezoning 16 acres from Rural to 1-2 Park, preliminary plat approval, and rezoning agreement City Manager Ulstad explained that Staff has met with the property owners in the Lake Smetana on two different occasions. . The problem everyone is facing is the transportation problem in that quadrant. Mr. Ulstad spoke to five alternatives outlined in memo dated September 22, 1977. F Council Minutes - 6 - Tues.,October 4, 1977 B. 2nd Reading of Ordinance No. 77-19, Norsemtn Industrial Park, rezoning 16 acres from Rural to 1-2 Park, preliminary plat approval, and rezoning agreement (continued) Meyers stated that the Council in considering the Norseman rezoning agreement adopted alternative #1. William Bearman, 9955 Valley View, explained that Mr. Ulstad asked what the landowners would like to see, and in Mr. Bearman's opinion the landowners would like to see the area remain the same. He further stated if Valley View is upgraded, it affects the landowners because they would have to pay for it. By leaving Valley View in its present state, it serves all the people living there. Mark Fuller, legal counsel for Mr. Sciola, agreed with Mr. Bearman and would like the road to remain as is, and that he can see absolutely no reason why Mr. Sciola should be assessed greater amounts than already assessed for someone else's benefit. George Hoff, legal counsel for Mr. Belle, commented that Mr. Helle can in terms of the road alignments live with alternatives 3 or 5. He further stated that what we are dealing with is rezoning of a 16 acre parcel and also this vast road system that is going on. The sticky point in.tDp rezoning agreement is Mr. Melte is unwilling to dedicate the 40 foot'ft the westerly portion of his property. Mr. Belle would be agreeable to redrafting the rezoning agreement and would dedicate property he owns which lies to the west of the subject property. MOTION: Osterholt moved, seconded by Pauly, to approve the 2nd Reading of Ordinance No. 77-19, rezoning 16 acres from Rural to 1-2 Park for Norseman Industrial Park and direct Staff to amend the rezoning agreement to reflect alternative #5. The amended rezoning agreement,including a written commitment to be received from Mr. Melte regarding road dedication,be signed by Mr. Belle prior to publication of the rezoning ordinance. Finance Director Frane asked to be recognized for the purpose of announcing the vote of the School Bond Referendum - 1,528 "YES" votes, and 1,411 "NO" votes. MOTION: Osterholt moved, seconded by Pauly, to call the previous question. Osterholt, Pauly and Penzel voted "aye", Meyers and Bye voted "nay". Motion carried. VOTE ON PREVIOUS QUESTION: Osterholt, Pauly and Penzel voted "aye", Bye and Meyers voted "nay". Motion failed. C. Resolution No. 77-133, amendment of Lease and Guaranty Agreement for Industrial Development Revenue Bonds (Physical Electronics Industries, Inc.). MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 77-133, amendment of Lease and Guaranty Agreement for Industrial Development Revenue Bonds (Physical Electronics Industries, Inc.). Motion carried unanimously. 5-7 23 Council Minutes - 7 - Tues.,October 4, 1977 VI.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of 2 members to the Development Commission (1 term to expire 2/28/78, and 1 term to expire 2/28/79) Penzel recommended the appointment of Dennis Truempi as a member of the Development Commission for a term to expire 2/28/79. Bye recommended the appointment of Jerry Wigen as a member of the Development Commission for a term to expire 2/28/78. MOTION: Osterholt moved, seconded by Pauly, to cast a unanimous ballot to appoint Dennis Truempi to the Development Commission for a term to expire 2/28/79, and Jerry Wigen for a term to expire 2/28/78. Motion carried unanimously. B. Report of City Manager 1. Award bids for City Hall expansion City Manager Ulstad spoke to memo dated September 30, 1977, and recommended the Council award the bid_ to the lowest responsible bidder in each category. MOTION: Osterholt moved, seconded by Meyers, to award the bid to Lhe lowest responsible bidder in each category as follows: General Contractor: Kranz Construction Company - $135,290; Mechanical Contractor: Grendahl - $32,625; and Electrical Contractor - $15,970, for a total of $183,885. Roll Call Vote Osterholt, Meyers, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Request to set a Public Hearing for Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and Michael Adams MOTION: Osterholt.moved, seconded by Bye, to set November 1, 1977 as the Public Hearing date for Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and Michael Adams. Motion carried unanimously. 3. Dickey/Kodet/Architects - Concept design for fire stations City Manager Ulstad requested that this item be continued to a future Council agenda. MOTION: Bye moved, seconded by Osterholt, to continue the concept design for fire stations to a future agenda. Motion carried unanimously. C. Report of City Attorney 1 . Dorenkemoer Lawsuit City Attorney Perbix reported on the Alex Dorenkemper lawsuit. Perbix stated he would be meeting with the attorney for George Hite, former City Manager. 5-1.2 ;11 Council Minutes - 8 - Tues.,October 4, 1977 1. Dorenkemper Lawsuit (continued) This item was continued and direction was given to the City Attorney to report back to the Council after his meeting with Mr. Hite's attorney. 2. Communication from attorney for Vale Woods requesting City to absorb the special assessments from one lot Mr. Lindquist, representing Minneapolis Floral, requested that, because the lot they own in the Westgate area will never benefit from sewer and water, that the assessments of $2,168.80 be dropped. MOTION: Osterholt moved, seconded by Pauly, not to abate the assessment for the lot owned by Minneapolis Floral in the Westgate Addition, Lot 16, Block 7, as it is needed for access to the Vale Woods Addition for development. Motion carried unanimously. D. Report of Planning Director 1. Revised site plan for Edenvale Covenience Center at Valley View Road and Mitchell Road Ed Kodet, Dickey/Kodet Architects, spoke to the revised plan and answered questions of Council members. Osterholt expressed his concern that some of the berms and plantings could be a hazard. Planner Putnam replied that they could be kept back from the corner. Charles James, James Refrigeration, displayed a photograph of the area and explained they would be leasing the property. He further commented that the difference between a full service station and the service pumps proposed would be that this type of facility doesn't sell any car parts, has nothing outside, meets all pollution standards even further than Phase 2 of the Federal requirements, and is an essential part of this operation. Putnam explained that initially the difference was that there was heavy emphasis on the service station on this site, now the thrust is quite the opposite as they are going to office, down playing of the gasoline business. Don Peterson, Eden Land Corporation, noted that the peonle who are proposing to build the Golf Vista project strongly support this Covenience Center. MOTION: Meyers moved, seconded by Pauly, to approve the revised site plan for the Edenvale Covenience Center and to instruct the City Attorney to draft a new developers agreement for this particular platting that will include the following: 1) recommendations of the Staff Report dated 8/11/77 as approved by the Planning Commission, 2) one pylon, 3) provision for trail access and bicycle parking, 4) address the concern of site distance needs at the intersection of Valley View and Mitchell as it relates to berming, 5) require the developer to pay the cost for turn lanes on Valley View and Mitchell, and 6) median cuts as outlined in Staff Report. Meyers, Pauly and Penzel voted "aye", Osterholt and Bye voted "nay". Motion carried. vaT, E. Report of Director of Community Services 1. Tennis Court Funding MOTION: Osterholt moved, seconded by Bye, to approve the grant to be received from the fiscal year 1977 Outdoor Athletic Court Development Fund of $11,100 for the construction of two tennis courts at the Forest Hills School Park. Motion carried unanimously. 2. 1977 Forestry Program - determination of subsidies City Manager Ulstad spoke to memo dated August 12, 1977 from Chris Enger. MOTION: Osterholt moved, seconded by Bye, to authorize the expenditure of up to $20,000 to meet the commitment for 1977 subsidies for eligible property owners with 5 acres or Over. Osierholt,-Bye, MOYers, Pauly and Penzel voted "aye". Motion carried unanimously. . F. Report of City Engineer 1. Final plat approval for Woodland Addition (Resolution No. 77-131) MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 77-131, approving the final plat for Woodland Addition. Motion carried unanimously. 2. Resolution to apportion NSA Funds to TH 169 Improvements (Resolution No. 77-132) MOTION: Pauly moved, seconded by Penzel, for the appropriation of Municipal State Aid Funds to TH 169 Project, I.C. 51-266. Roll Call Vote: Pauly, Fenzel, Bye, Meyers and Osterholt voted "aye". Motion carr;td unanimously. G. Report of Finance Director 1. Clerk's License List Dr. Anonsen appeared before the Council to request a private kennel license and answered questions of Council members. Dean Luke, 10450 Whitetail Crossing, Wayne Brown, 10200 Wild Duck Pass, and Gary Gilbertson, 10127 Wild Duck Pass, spoke in opposition to the Issuance of a private kennel license to Dr. Anonsen as they stated the dogs run wild, had bitten people, and that he is in non-conformance with Ordinance No. 134. Penzel suggested that the dogs should be controlled or restricted, and if they are allowed to run at-large they should be under control, then the biting problem should cease to exist. MOTION: Bye moved, seconded by Pauly, to approve the Clerk's License List dated October 4, 1977, and instruct Staff to monitor the area around Dr. Anonsen's home as has been done on previous occasions and report back within six months. Motion carried unanimously. MOTION: Pauly moved, seconded by Osterholt, to continue the Council meeting to 12:00 Midnight. Motion carried unanimously. 2. Payment of Claims Nos. 6994 - 7126 MOTION: Bye moved, seconded by Meyers, to approve Payment of Claims Nos. 6994 - 7126. Roll Call Vote: Bye, Meyers, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. 61ms Council Minutes - 10 - Tues.,October 4, 1977 VII.NEW BUSINESS A. Brief discussion on Golf Vista Pauly explained that Don Peterson, Edenvale, has brought in a revised site plan for Golf Vista and would like the Council to set a Public Hearing for same. MOTION: Pauly moved, seconded by Meyers, to set November 1, 1977 as the Public Hearing date for Golf Vista. Motion carried unanimously. B. Communication from attorney for Vale Woods requesting City to absorb the special assessments from one lot Note: Please see this item under VI. C. Report of City Attorney. C. Tree Disease Ordinance proposed by the Parks, Recreation & Natural Resources Commission Penzel requested that the Tree Disease Ordinance be placed on the October 18, 1977 Council agenda. V1II.ADJOURNMENT MOTION: Osterholt moved, seconded by Bye, to adjourn the Council meeting at 12:15 AM. Motion carried unanimously. 5.?23 K 51721/ approved Planning Commission Minutes -5- Sept: 12, 1977 01. V. 'PETITIONS AND REQUESTS A. Amoco Oil Station Rezoning, request by Amoco Oil Company to rezone f r o m Rural to Highway Commercial for a service-station. The site is located across US 169 from the Eden Prairie Shopping Center. MY. McGregor, Amoco Oil Co., presented the plan for a 3 bay service sta t i o n , a drive-through wash and building of brick exterior and a mansard roof . The planner referred the commission to the staff report stating the sta f f i s recommending approval of the request and variances (listed on page 2 ) f o r the Amoco Oil Service Station to be located in the Major Center Area. -Lynch felt attempts should be made to meet the requirements of the ordi n a n c e . McCulloch felt the variance requests were reasonable in this case. McGregor stated he concurs with the staff report and recommendations. Motion: Schee moved, Retterath seconded, to recommend to the City Council approv a l o f t h e Amoco Oil Company rezoning request from Rural to Highway Commercial as p e r t h e staff report dated September 2, 1977. Motion carried 4:0:1 with Lynch a b s t a i n i n g . ; 1 iii ..‹....,....y... -<•._._.. ,..../.i j t.„ ....a, ' '..."C 7--N't• If / n • 2 • i „„0,7 ! '48•• ....................r........ . . ...... / Vsigm , i Fit- N'in r__.r ...N 44-1;.121 t22-),Preci,c14. , Al> .E1F 4114 eivv... e Calle& g'r • d • ra ; 70'3 1 r $4.114K 69,25 , 1 " y• 2,3 lr 4", STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: APPLICANT: LOCATION: REQUEST: Planning Commission Jim Jensen, Planning Assistant Dick Putnam, Planning Director September 2, 1977 Standard 011 Service Station Amoco Oil Company The site is located on US 169/212 directly across from Eden Prairie Center The applicant requests rezoning from Rural to Highway Commercial (H-Corn) BACKGROUND The .92 acre parcel is located on US 169/212 directly west of Eden Prairie Shopping Center. The land adjoining the site to the south and west is Rural and vacant. An east/west roadway giving access to the site is planned alr.ag the northern boundary. The 1968 Guide Plan designates the area as Retail Commercial. Surrounding land use is dominated by Commercial Regional Service with Eden Prairie Center across US 212/169. To the northeast is somehighway Commercial uses and the Minnesota Protective Life Insurance Building. FIGURE 1 Staff Report-Amoco Oil -2- Sept. 2, 1977 ZONING REQUEST This project is located within the Major Center Area PUD 73-08. The proponent requests rezoning from Rural to Highway Commercial. The following are provi- sions of Ordinance 135 for Highway Commercial: 5 acre minimum for rezoning •20,000 sq. ft. minimum lot size 35 foot front setback 20:40 foot minimum sideyard setbacks, one side, both sides 10 foot rear yard setback .3-1 story maximum floor area ratio 40 foot maximum height of structure The following variances from Ord. 135 are required for rezoning to Highway Commercial: north side yard setback at access point , 14'6" south side yard setback , 10 ' ( see Figure 2) As mentioned previously, the minimum area required for rezoning to Highway Commercial is 5 acres, while the proponent has requested this zoning for a ( .92 acre parcel. 'FUTUK ' ROAD- Rtft;in fkOwly JY 00' .,f-- ; 1 .,. ..„.,......, ;•••p•-r,. .r.: . : . 1 -. \ 't. PO * • c.mt;•5ergbr..c, ' '1 4!::) 49 C:=D GONCkerr 1"• vet •res. N4. 01.0140 r VCOP0,0 stKock 4,71-tom 0°4 ,-7777rrr«,7 ,7777//:. „0 v • 'To4vCS ..73* .12 ,e7 L i 1 I isokA .._ ... • N 42 I ke.1 11 4, 41019-% .... ammo. awn. ' • ..1....... m..."3.= .....1 . .. 4:7•••••• • ‘',4-11) , t /a 4511,W0s4CV tie for t tInneet , APtce-e, 5227 Staff Report-Amoco Oil .3 - Slept. 2, 1977 SITE ANALYSIS Access/Circulation Access to the site will be from an East/Nest roa d w a y n o w u n d e r c o n s t r u c t i o n along with the upgrading of 169/212. The inte r s e c t i o n o f 1 6 9 / 2 1 2 w i l l b e shared by the west entrance to Homart and the n e w e a s t / w e s t a c c e s s r o a d . This intersection will be equipped with accele r a t i o n a n d d e c e l e r a t i o n l a n e s from both directions as well as two through la n e s • A c u t i n t h e m e d i a n strip and a signal light will provide for prote c t e d l e f t t u r n s i n b o t h d i r e c t i o n s off of 169/212. ( see Figure 3 ) % \ I '4 n I. ' \ All. \\ ' ' \ i lk n 1 \ i i • I \ ''''.1 \ V % % 1 1 i 11 ti Ti 1 t % ‘ A 4 ',, .: '..--4._--- ‘ 3, i •,, ',...,4 / — I 2 ., . , - I. s . - I j n =====k a Staff Report- Amoco -4 - Sept. 2, 1977 The service station itself will have 2 access points off of the future ea s t / west roadway. A well defined circulation pattern and adequate maneuverin g 'room through the service, gas pump, car wash and tanker loading is pro v i d e d in the proposed plan. Parking for 13 cars is provided on the west side of the site for the serv i c e area. Parking Ordinance #141 requires parking for at least 10 cars for a gas/service station use. The 50 foot wide driveway area on the east side of the proposed building i s needed for adequate maneuvering space when tanker trucks fill the under - ground tanks while maintaining enough room for normal vehicular circula t i o n . Access to the site is adequate and the circulation pattern works well throu g h the site as well as to and from the major roadway US 169/212. Function a l use areas and facilities are adequate and well defined. Soils, Topography, Grading The site presently drains gently from north to south and from east to wes t to the center of the site. About 5-8 feet of fill will be used over the entire site to control the drainage in accordance with the upgrading of 169/212. All surface water will drain to the southeast and southwest corn e r s of the site where catch basins will be instlIled. The soils are made-up of the soil series Heyder which is a deep, well dra i n e d soil made-up of a sandy loam texture. These soils are well suited for de v e l - opment of this type especially with the amount ofcompactedfill proposed. Upon removal of the vegetation and disturbance of the soils, these soils w i l l be very susceptible to severe erosion especially on the slopes of between 12-18%. Erosion control must be implemented during construction , not so much to retain the soil on this fill site, but more importantly to preven t siltation into nearby ponds and streams. The soils have fair bearing Capacity , fair shear strength and moderate susceptibility to frost action, so fairly wide footings will be required . Some excavation and backfilling may be required at the north center of t h e site because of a finger of peaty soils which extends from the site north w a r d toward Lake Tobias. ( " -Na //-n. et Ha K kements: The staff feels that the AMoco Station will complement the Major Center Area and that the variances listed are not unlike those granted to other developments, providing of course that the conditions listed are fulfilled. The Planning staff recommends rezoning from Rural to Highway Commercial with the variances listed contingent upon the following: 1. adequate landscaping and screening of the gas pumps and parking areas can be accomplished in the reduced setback areas. 2. temporary erosion measures be implemented to prevent siltation into nearby streams and likes. Sodding and seeding should immediately follow construction. 3. a pedestrian pathwarin the traditional sense of a sidewalk be constructed in the right-of-way on the north side of proposed Amoco site. The path will lead to a crossing of 169/212 as shown ..71 figure 3, The path will be constructed of concrete 5" thick feet wide Staff Report-Amoco -S- Sept. 2, 1977 Vegetation There is no significant vegetation on the site. Seeding and sodding should occur immediately after grading to relieve temporary erosion control. Pedestrian System Figure 2 shows a pedestrian pathway in the right-of-way on the North side of the Amoco site. This path will lead to the main west entrance of Eden Prairie Center crossing 169/212 at the stoplights. The path will be constructed of concrete 5" thick and 5' wide, and will cross the right hand turn lane to the triangular island where a pedestrian crossing control box will be located. (see Figure 3 ) RECOMMENDATIONS JEJ:jmj 5129 • V' • • •4•* ,69 :) G.OuGiet, .0" 14• :OS • • t e_ rwr.me I 0••nn OW 43040:"*" 111I eetnMS Woo itt "OP ...1.44.1' • t r4t.Tv oitonNe.4." ws- ; re' • byr.4, V hi • es .. itit.46 '.., . 1: ..7177771110nr 17777, 1.-.. F . r , ft.... svevtc..* . f. 1 1 re:110N 1,50tA.C.,144 A$SJ c Z 'e. it •,... , . e . 41t* e...'. n 1 k t' .' . 1 tf • I, • V. 1. , •• , .,,,,,•,__, ,i4„„.4.....t.5.44.., —.... ,.: :i ,, 4 ..• ,K• (4.1. %.....• — gram. et •••••••-• C4lik ./ • .0" n••.. City of Eden Prairie Public Works Department .Engineering Division CHECKLIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS Date 8/30/77 1. DEVELOPMENT NAME LOCATION 77/2/26 AMOCO OIL SERVICE STATION Southwest Quad. of T.H. 169-212 and North entrance to Eden Prairie Center in N 1/2 Sec. 14 2. DEVELOPER AMOCO OIL CO. 3. ENGINEER/ARCHITECT/PLANNER Suburban Engineering Co. 4. DOCUMENTS SUBMITTED FOR REVIEW Site Plan dated Aug. 19, 1977, and certificate of survey dated Aug. 24, 1977. 5. PROCESSING SCHEDULE: Application received Watershed ///Z/77 Planning Commission Human Rights Park & Recreation City Council 6. PROPOSAL 6.1 D PUB Approval 6.2 D Preliminary Plat 6.3 Present Zoning 6.4 Proposed Zoning 6.5 Previous PUD 4 Rezoning Rural C-Hwy Site is within the MCA-PnA 6.6 Previous Rezoning Agreement 1 There is An opgreemont on file dated 12/1/76 relating to access. and shoring of street and utility Costs between Teman and McGraw and 11-8-8. the individuals and corporation owning the subject property. 6-'231 -2- 6.7 Single Family detached lots: less than 13,500 sq. ft. Density 13,500 sq. ft. or more Density 22,000 sq. ft. or more Density Total SFD lots SIZON= Multiple Dwelling Units: PM 6.5 Acres PM 2.5 Acres Total Mult. Units 6.8 X Owner occupied Density Density Rentals 6.9 Homeowners Association proposed NO 6.10 Other uses proposed the Developer is proposing construction of a service station on approximately 0.9 acres 6.11 Requesting City to provide streets and utilities City extension of sanitary Sewer will be required to serve site. De- veloper must submit petition to then be received by City council and public hearing date set. 6.12 Consistent with City's Comprehensive Land Use map yvg • 7. PROPOSED OPEN SPACE, TRAILS AND PARK DEDICATION 7.1 Parcels to be undeveloped as open space None 7.2 Trails (Locati6n, surface type, ownership) 5' concrete sidewalk recommended within street R/W along north edge of site. Refer to Planning Staff Report dated 9/2/77 5139- -3- 7.3 School/Park sites 7.4 Park dedication fee In conformance with requirements of Ordi- wince #332, park dedication fee is $1080 8 . PROPOSED STREET SYSTEM 8.1 Check City's Comprehensive Street Plan O.K. 8.2 Access to adjoining properties O.K. Refer to said agreement of 12/1/76 8.3 Street R/W and pavements widths O.K. 8.4 Private streets Proposed access points O.K. 8.5 Street grades, sight distances at vertical curves, concrete curb and gutter O .K. 8.6 Street names Name required for E-W access road. 8.7 Parking (Ord. #141) O.K. 10 spaces required, 13 proposed 8.0 Traffic volume impact on existing streets O.K. 5-933 -4- 8.9 Frontages on collector streets O.K. 8.10 Other comments Refer to Planning Staff Report 9/2/77 9. GRADING AND UTILITIES 9.1 Range of cut and fill Fill to a maximum of 8' is proposed for entire site. Drainage can be directed to storm sewer along T.H. 169 or to the north. Final drainage plan to be reviewed and approved by City Eng. staff and Watershed Dist, prior to 9.2 SignYtdi<l'alfrrtga features to be preserved None 9.3 Drainage ponds _ No on site ponding required 9.4 Flood Plain encroachment None 9.5 Development plan showing proposed grading, storm sewer, sanitary sewer, watermain, minimum floor elevations, pond levels and representative soil borings. Preliminary development plan submitted. Some additional detail and changes required before 2nd reading of rezoning. 9.6 Skimming and grit control for commercial parking lots Grease traps as required by building code. Watershed District to review drainage plan. s-Bq -5 - 9.7 Sewer and water service to adjoining properties O.K. (see 6.11) 9.8 Sewage lift stations required No 9.9 Landscaping, buffering and lighting plans Refer to Planning Report dated 9/2/77 9.10 Natural gas, underground telephone & elec t r i c T hA ergr,u „d required 9.11 Other comments 10. VARIANCES REQUESTED Refer to 9/2/77 Planning Staff Report 11. OTHER AGENCY xrvinw AND APPROVAL REQUIRED BEFORE F I N A L C I T Y A P P R O V A L X Watershed District Minn. EQC Henn. Co. Adjoining Community DNR Minn. DOT Metro Council Si?S' -6- 12. SPECIAL ASSESSMENTS LEVIED AND PENDING An assessment division has not been made on this property. The following assessments apply: Levied: *6133 Ring Road: #6141 Trunk sewer/water (deferred); #6438. Neill Lake STM sewer; #6451, Ring Rd. STM sewer; Pending; T.H. 169/212 Improvement 13. OTHER REQUIREMENTS Environmental Worksheet Rezoning Agreement Developers Agreement (PUD only on Final Plat) 5-13‘ TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer October 27, 1977 ALS For Amaco Oil Site The attached Registered Land Survey has been submitted for Council approval. The survey covers all of the Amaco Oil site at the southwest corner of T.H. 169 and the northerly entrance to the Eden Prairie Center. Tract A is a residue portion of the "Erck" property which was purchased by the City in conjunction with the T.H. 169 improvement project. We have a signed purchase agreement prepared by Harlan Perbix for the sale of the Erck property, including Tract B, to Walter Ball and his associates who, in turn, are conveying a portion of that property to Amoco for their site. Tract B will be incorporated with a future development to the south. It is recommended that the Council approve the Amoco site, RLS as submitted, subject to receipt of a bond or letter of credit covering the cost of the proportionate share of the access road to T.H. 169 and for storm sewer drainage facilities. On: 1(h Attachment 5-113t, 6 MEMO TO: FROM: THROUGH: ..DATE: SUBJECT: Planning Commission Jim Jensen, Planning Assistant Dick Putnam, Planning Directo September 22, 1977 OLYMPIC HILLS 3RD & 4TH ADDITIONS Since the August 15, 1977 Staff Report the Olympic Hills 3rd and 4th Additi o n s have been revised to reflect some of the concerns by the City and the County. The most significant change is the inclusion of what was before Olympic ,Hills South with the 4th Addition. The staff feels that this is. a good change as it removes one access from Co. Rd. I, leaving one access to the 4th Addition from Co. Rd. 1. Two cul-de-sacs serve the 27 lots in the 4th Addition. One cul-de-sac has a non-standard shaped cul-de-sac designed to give frontage to the lots in the wedge shaped corner. However, two of these lots have smaller frontage s than the standard set by the City Engineering Department. Lots 4 and 7 have frontages of 30 and 40 feet respectively. The minimum frontage allowed is 45 feet. The two lots in the 3rd Addition which are placed between the 17th fairway, 18th fairway and 16th green have been pulled back slightly to reduce the chances of being hit by a slice from the 18th tee proportionately. These lots also have access fron the end of the cul-de-sac which is now south of the 17th fairway as recommended in the August 15 staff report. The outlot designation north of lots 4 & 5, 3rd Addition, have been dropped and included as a part of those lots. Other lot lines including those close to the 16th green and 17th green have not been changed as recommended. RECOMMENDATIONS The Planning Staff recommends approval of the rezoning requests from Rural t o R1-13.5 and preliminary plat approval contingent upon the following items: , 1. Lots 4 and 7 in the 4th Addition have their frontages increased to at least 45 feet without reducing any other frontages below that minimum. 2. Provisions of Ord. 135 are followed including lot sizes. 3. Temporary erosion control be implemented during construction to stop any unnecessary erosion. Sodding and/or seeding should occur as soon as possible after grading. JEJ:JMi 513'7 STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: APPLICANT: LOCATION: REQUEST: Planning Commission Jim Jensen, Planning Assistant Dick Putnam, Planning Director August 15 , 1977 Olympic Hills 3rd and 4th Additions Olympic Hills Corporation 15 acres near Co. Rd. 1 and Franlo Road Rezoning from Rural to RI-13.5 for 15 acres and preliminary plat approval for 32 single family lots. BACKGROUND The proposed Olympic Hills 3rd and 4th Additions are situated ad j a c e n t t o the 16th,17th and 18th tees and first hole of Olympic Hills Golf C o u r s e . The course surrounds the 3rd Addition on the north and west and t h e 4 t h Addition on the northeast and west sides. South of the 3rd Addi t i o n i s v a c a n t land, east of Franlo Road and Co. Rd. I is vacant land. Eden Pr a i r i e A c r e s , a single family residential area, is south of Co. Rd. 1. The-Bl u f f s P U D is located directly south of the project and south of Co. Rd. 1 . The 1968 Guide Plan designates this area as low density single f a m i l y use. ZONING napesT The proponent is requesting rezoning from Rural to RI-13.5 for 1 5 a c r e s a n d preliminary plat approval for the 3rd and 4th Additions. Thirt e e n l o t s a r e proposed in the 3rd Addition and 19 in the 4th Addition. No v a r i a n c e s f r o m Ord. 155 are being requested. The Olympic Hills South Addition , a l s o s h o w n on the preliminary plats, is not to be considered at this time . T h e p u b l i c hearing is set for Sept. 12th. The average lot size in the 3rd Addition is 13,878 square feet , w i t h l o t sizes ranging from 11,621 to 21,272 square feet. Lots 5 and 4 do not meet the lot size requirements of Ord. 135 being 13,196 square feet a n d 1 1 , 6 2 1 square feet respectively. In the 4th Addition the lot sizes r a n g e f r o m 13,196 to 29,939 Square feet with the average being 16,577 squar e f e e t . Lots 3 and 5 do not meet the lot size requirement, they are 13 , 1 8 6 a n d 13,393 square feet respectively. The following are provisions o f O r d . 1 3 5 , District 15.5: 13,500 square foot minimum lot size 10-25 foot one side both sides 30 foot front setback 20 foot rear setback 2 Units/acre density The proponent has indicated that the overall density for the 3rd a n d 4 t h Additions is 1.8 units pr acre. 5733' Staff Report-Olympic Hills 3rd S4th Adds. -2- Aug. 15, 1977 Figure 1 Location Map 1 I b 1 .....°. ,,,:- \.. 1 \ 4-110.rit* *el., ' :171T..10 Plitr4 1 "n./.-n i 41..trAY 0 • ' ' '.... i rI --....“ ,e( ‘,.,,,,erne ,r4.4,r.w.t.,,s.‘,-----i;.4.1,.."-'0,„1 ,.._._...:„.....,----. e_..........„(7,/ ,_ I...L.... ,-,...:!-..,r4",il.f,),, a Et-24-1 '441 41'vd frKg it) , :16:Z IR :11;= !: I P % P g51-47:mtwiy-f-i SITE ANALYSIS The 3rd Addition has access off of Franlo Road with two c u l - d e - s a c s s e r v i n g t h e 13 lots. The east/west cul-de-sac crosses the 17th fai r w a y t o t w o l o t s s i t u a t e d between the 16th green 6 the 17th and 38th tees. The s t a f f f e e l s t h a t b o t h crossing of a fairway with a public road and the proximity o f t h e t w o l o t s t o active golfing on all sides, are not safe nor compatible u s e s . T h e s e t w o l o t s especially lot 1, may also be susceptible to being hit b y a s l i c e d t e e s h o t o f f of the 18th tee. The two lots may be shifted to the east c l o s e r t o t h e 1 6 t h green to help decrease the chances of a golf ball landing i n t h e y a r d . T h e pi-61)1cm with the 17th fairway crossing a public road may b e s o l v e d b y m a k i n g t h a t road a private drive for the two lots, accomplished by en d i n g t h e p u b l i c r i g h t - o f - way for that street at the two most southerly lots in the 3 r d A d d i t i o n . ( s e e figure 2 next page). The staff feels that lots 1,2,3 and 4, cast of the 16th g r e e n s h o u l d h a v e t h e i r back lot lines moved to at least 90 feet , but preferably 120+ feet from the 16th fairway or green. At present these lots vary from 7 0 - 1 0 0 f e e t , L o t 4 , because of the Oil-do-sae location and setback requireme n t s , W i l l h a v e a h o u s e within 30 feet of the back lot line and 130 feet of the 1 6 t h f a i r w a y , v e r y c l o s e to where the second shot will land. These lots, because o f t h e d i s t a n c e a n d layout of the fairway, may be susceptible to being hit b y t h e s e c o n d s h o t t o t h e green. 5139 Staff Report-Olympic Hills 3rd & 4th -2a- Aug. IS , 1977 1..err> ...AiiVIV27 c-17.7.013v0 •VtNPOL.37 re0. tActi""- ror rVett-i west, ftlereMY Lit4s-7 imvtve. 11-kt= k9r-qvo wrm tys e^f Won+ erwl-itzt:. 0,64P' 51Y0 Staff Report-Olympic Hills 3rd 4th Adds. -2b- Aug. 15, 1977 / -Atrizoxl/v1U 0400.4.. MAT" is I .• 1t V-11=rt — vaU— PNritp. 1 1 1 1 , k • oxf,--pr-y*/ Lear t Lor, 044T— I.:Z. 01.41A—E- 4=tr-- 1F4t,t3E- v rot-rm-A- • 5-7v/ Staff Report-Olympic Hills 3 & 4 Additions -3- Aug. 15, 1977 Lots 7,8 and 9 are all double or triple fronted on Franlo and interiovroads. this creates an undesirable situation for these lot owners. The staff feels that a redesign of this addition with more efficient road alignments could solve the problems of proximity to the 16th fairway and the double fronted lots. The street ROWs shown on the plan are 60' and 75' on one of them. A residential street ROW of this type should need a 50' ROW. Outlots 1 and 2 in the 3rd Addition were designed as a wooded buffer to be owned by lots 5 and 6. The staff proposes that the outlet designation be dropped, adding additional area to lots 5 and 6 with a covenant restriction preventing building on that part of the lots. The 4th Addition has one access off Co. Rd. 1, two cul-de-sacs serving the 19 lots. The proximity of lots 8,9 and 10 to the 18th tee also poses some concern, but the true orientation from the 18th tee is in a more easterly direction than the layout of the tee box thus decreasing that concern. A hook off of the 18th tee would probably not reach any of the lots in the 4th Addition especially if heavy tree plantings occur behind these lots. (see figure 4). It is estimated that 250 Affs (average daily trips ) will be added to Co. Rd. 1 and/or Pranlo Road upon completion of this project.. The staff anticipates that these additional trafficvoluimiecan be handled and will not overly burden existing roadways. Staff Report-Olympic Hills 3 5 4 Additions -4- Aug. 15, 1977 Soils, Topography, Grading •n• The site of the 3rd and 4th Additions are among the rolling hills of the golf course with frequent slopes of 12% and in the 4th Addition with slopes of greater than 1:1. Much of the site of the 4th Addition was a former gravel pit with very steep unbuildable side slopes. Much grading and filling will be required in this area to accommodate roads and building pads for walkout and tuck-under units. A detailed grading plan was not submitted, so an analysis of the grading can not be done. The staff requests that a grading plan be submitted to the :staff prior to final plat approval. Soils on the sites consist of a sandy loom texture and are generally well suited to residential development. The major portions of the site are made up of the soils series Salida, Dickman, Hubbard and Esterville and are well drained to excessively well drailed . These soils have a good bearing capacity being under- lain by deep sand and gravel and have little danger of frost heave. The erosion potential however is quite severe, thus making erosion control measures during construction imperative. Vegetation may be quite difficult to establish after disturbance especially on slopes greater than'12t. Frequent watering and fertilizing may be required. The remainder of the site contains the soils Kennebec and Heyder Complex. These soils have moderate to good drainage , fair to good bearing capacity, possibly requiring spread footings. Moderate, potential for frost heaving and severe erosion potential exists. Drain tiles should be installed around footings where Heyder Soils are contacted because of the possibility of higher water table in relation to these soils. : 1 ii i 1 1 , , - .• , ,,,,,A .,/ V .AV VVI141-i ' ''' N ,/ .., n—...4.qm . .,, . 1 (,,,„; ,s, / r0 ... , ,',:,- , , ( -- n 'C (..,,,, j .r.i ' ..^ ' 1 . ,. ,':•„, ;..,,‘k,,,.\ , 1,..---N.'" .:,,.'. ' ' • (.:;n - - t., \ - c ;::. './' // ww 'e. ., _/:.: ) l ',/ '....'7 N .\.':°': ".. A , / i . \\ -k,:.; k,„ < ',I9 ' \ K. .. \..... Ai ..) —, il s3c I i 57 v3 Staff Report-Olympic Hills 3rd 4th Additions -5- Aug. IS, 1977 RECOMMENDATIONS The planning staff recommends approval of the request as follows: 1. Rezoning from Rural to 111-13.5 for Olympic Hills 3rd and 4th Additions. 2. Preliminary plat approval contingent upon the following conditions: a. a grading plan should be submitted by the proponent for staff approval before final plat approval. Minimum floor elevations for each lot should also be submitted. b. temporary erosion control measures he implemented during the construction phase to prevent excessive soil loss. Ground cover should be established immediately following construction. c. that the road extending to the two lots between the 16th green and 17th fairway become a private drive as shown in figure 2. An eleva- tion change between the 17th tee and the roadway should also be considered. The public right-of-way for this road would end at the two most southern lots in the 3rd Addition. These lots should also be shifted somewhat to the east and trees planted around them as added measures against sliced balls from the 18th tee. d. lots 1,2,3 and 4 (figure 4) should have their back lot lines moved to at least 90' , but preferably 120+ feet from the 16th fairKaY or green. e. lots 7,8 and 9 of the 3rd Addition are double fronted lots. The staff requests that this addition he redesigned to allow for the stated changes and a more efficient road pattern. f. street ROW be changed to 50 feet. g. outlots 1 and 2 be added onto lots 5 and 6 respectively. Covenant restrictions shall restrict building on these portions of the lots. h. lots 3 and 4, 3rd Addition, and lots 3 and 5, 4th Addition be enlarged to conform to lot size requirements of Ord. 135. I. provisions and setbacks of Ord. 135 be followed. JEJ:jmj cu t/ TO: Eden Prairie Planning Commission FROM: Olympic Hills Corporation and Michael J. Adams, et al RE: General Requirements for -Zoning District Change Plans *DATE: August 5, 1977 In accordance with your submission requirements, we offer as our written answers to: A. 1. Form and Application Fee filed as required. 2. Materials filed with Planning Director in time frame as directed. 3. Conference with staff by our representative, Mt. Bruce Knutson, Architect. 4. Proposed Zoning change is a positive step in the development and review process. The majority of the adjacent land owners is Olympic Hills Corporation, which is in favor of this change .. B. 1. Property owned by Olympic Hills Corporation for eight years. Part owned by Michael J. Adams for less of a time period. All effected property changes have been worked on jointly. 2. Owners and Partner have in various capacities been involved in previous Olympic Hills Additions I & II, which are working out very satisfactorily. Developers plans are for orderly involvement until completion of the project. 3. The developers are sound financially and are able to handle all aspects of this land development to its proper conclusion of sale and completion. 4. Lot sales same as in Olympic Hills Additions I & II. 5. Boundaries - Boundary Conditions: Generally they abut golf course and established roadways. • 6. Project areas are located near Franlo Road at approximately 9700 block and Olympic Hills Golf Hole 67 '/5 r • 47 in one piece, and County Road 41 and Olympic Hills Golf Holes 49 and 41. The major ownership in each interest is Olympic Hills Corporation. 7. The major relationships would be the golf course. 8. Land use now rural and unoccupied. 9. Existing transportation - auto. 10. Existing zoning rural. 11. Fits city guide plan framework. 12. No known critical public decisions needed. 13. Beautifully located for homesites as proposed. 1. Objective is to provide outstanding homesites to the public. 2. Site plan we believe ,,ets all of the Eden Prairie requirements for the proposed zoning. 3. Grading as shown on preliminary plans. 4. Utility plan as shown on preliminary plans. S. None required - meet set back requirements as established. 6. Final Plat would be worked out in accordance with preliminary plans as submitted. 7. Housing and use meet city requirements. 8. We would comply with zoning classifications and variance provisions of the City of Eden Prairie. 9. We would start utility and road work this Fall or early Spring as weather would dictate. It is expected that with present marketing conditions the projects could be completed, sold, and a majority of the homes occupied in the next 24 to 30 months. 10. Project is highly desirable for moderate to expensive homes. Closeness to the golf course 5'11/4 C. enhances this project's attractiveness. OLYMPIC HILLS CORPORATION BY 404¢v464001021" _ naid J. Mi4lynn, Director 510 MINUTES EDEN PRAIRIE PLANNING commissIon Monday. September 26, 1977 Unapproved 7:30 PM City Hall IV. REPORTS AND RECOMENDATIONS A. Olympic Hills 3rd 8 4th Additions ; by Olympic Hills Corporation.Request for rezoningfrom Rural to R1-13.5 and preliminary plat approval; The sites are located north of the NW corner of Franlo Road and Pioneer Trail. A continued public hearing. B. Olympic Hills South, by Michael Adams. Request to rezone from Rural to 111-13.5 and preliminary plat approximately 3.5 acres into 8 lots. The site is located North of Pioneer Trail and East of the proposed 4th Addition. The Planner suggested the Commission open the public hearing on Olympic Hills South Addition if they desire to consider the item as it was closed at the last meeting because the staff had believed it was withdrawn. Motion: Dearman moved, Lynch seconded, to reconsider opening the public hearing on the Olympic Hills South preliminary plat request. Motion carried unanimously. Bruce Knutson, Kuntson Architects, presented the two projects simul- taneously ( 3rd Addition 8 4th Addition(includes previous Olympic Hills South)). He stated the plat was revised after discussions with the City and County. As requested by the County, the lots off of Co. Rd. I have only I access. He informed the Commission the private road serving the two lots has been redesigned as a private drive(s). Retterath asked how long the private drive would be. Knutson replica mately 120 feet. Retterath asked if all the lots meet the requirements of Ord. 135. Knutson stated the project would require a frontage variance for lots 4 and 7 in the 4th Addition. Retterath inquired how many units/acre are proposed. Knutson replied 1.97 u/acre. Dearman inquired if the slicing problems still existed as previously discussed. The Planner felt they did, but Olympic Hills Corporation is satisfied with the design and it will be their responsibility. Mr. McGlynn, Olympic Hills Corp., stated they would install additional plant material if necessary between the course and the lots . Dearman questioned if the City would be liable for accidents resulting from inter- action of driveway travelers and golfers. Make Adams stated similar cases have been brought to court, but outcomes do not indicate that the City would be liable. He felt individuals living on the lots near the tees and greens would most likely be club members and aware of the problems. MOtionl: Dearman moved, Lynch seconded, to close the public hearing on the Olympic Hills 3rd 6 4th Additions. Motion carried unanimously. Motion2: Dearman moved, Lynch seconded, to recommend approval of the rezoning from Rural to R1-13.5 for Olympic Hills 3rd and 4th Mditions as per the revised plat 9-20-77. Nbilon3: —Wittman moved, Lynch seconded, to recommend approval of the Olympic Hills 3rd li 4th Additions preliminary plats contingent upon : the staff reports of 9-22-77 8-15-77, Engineering Department approval of road systems with particular attention to lots 1,2,4 8 6, 3rd Addition, and the City Attorney's opinion. Motion carried unanimously. approved Planning Commission Minutes -6- Sept. 12, 1977 Olympic Hills 3rd & 4th Additions, by Olympic Hills Corporation. Request to rezone and plat 32 lots from Rural to R1 - 1 3 . S . T h e s i t e s a r e l o c a t e d north of the NW corner oi Franlo Road and P i o n e e r T r a i l . A c o n t i n u e d public hearing. As no further material had been submitted t o t h e s t a f f , L y n c h m o v e d , M c C u l l o c h seconded, to continue ttepublic hearing to t h e S e p t e m b e r 2 6 t h m e e t i n g . M o t i o n carried unanimously. The planner infoimed the Commission the sta f f h a d b e e n n o t i f i e d b y p h o n e t h a t the applicants on theOlympic Hills South Add i t i o n h a d w i t h d r a w n t h e i r a p p l i e s - ; VI. OLD BUSINESS none VII. NEW BUSINESS none VIII. PLANNER'S REPORT none IX. ADJOURNMENT McCulloch moved, Lynch seconded, to adjourn t h e m e e t i n g a t 1 1 : 2 3 P M Motion carried. Respectfully submitted Jean Johnson ilcaon: Olympic Hills South McCulloch moved. Retterath seconded, to clo s e t h e p u b l i c h e a r i n g o n O l y m p i c H i l l s South Addition with no recommendation as the p r o p o n e n t h a s w i t h d r a w n t h e a p p l i c a - tion. Motion carried unanimously. 6-70 lianning Commission Minutes ^ -4 - approved August 22, 1977 Olympic Bills 3rd 4 4th Addi t i o n s , b y O l y m p i c H i l l s C o r p o r a t i o n , r e q u e t t t o rezone and plat 32 lots fro m R u r a l t o R 1 - 1 3 . 5 . T h e s i t e s a r e l o c a t e d n o r t h of the NW corner of Franlo R o a d a n d P i o n e e r T r a i l . A c o n t i n u e d p u b l i c h e a r i n g . The planner informed the Com m i s s i o n t h e s t a f f h a d D o n R i p p e l , g o l f c o u r s e a r c h i t e c t , review the plan, and Mr. Rip p e l h a d s o m e c o n c e r n s t h a t O l y m p i c H i l l s i s c o n s i d e r i n g and it is expected that rev i s e d p l a n s w i l l b e s u b m i t t e d . H e s t a t e d t h e p r o p o n e n t wishes the item be continued t o t h e n e x t m e e t i n g . Motion: Dearman moved, Schee seconde d , t o c o n t i n u e t h e p u b l i c h e a r i n g o n O l y m p i c H i l l s 3rd 4 th Additions to the S e p t e m b e r 1 2 t h m e e t i n g . M o t i o n c a r r i e d u n a n i m o u s l y . 5 -11so Approved lanning Commizsion Minutes -5- August 8, 1977 C. Olympic Hills 3rd & 4th Additions, P h a s e 4, requdst by Olympic Hills Corp., to rezone and plat 32 lots from Rural t o R 1 - 1 3 . 5 . T h e s i t e s a r e l o c a t e d north of the northwest corner of Franlo Road and Pioneer Trail. Bruce Knutson, Bruce Knutson Archite c t s , p r e s e n t e d t h e p l a t s ' f o r O l y m p i c H i l l s 3 r d and 4th Additions south of the golf cou r s e s t a t i n g t h e y m e e t t h e r e q u i r e m e n t s o f f ut. RI-33.5 District and all will be fo r s i n g l e f a m i l y h o m e s . Sundstrom asked if any protection ag a i n s t g o l f b a l l s s t r i k i n g v e h i c l e s o r i n d i v i d u a l s using the street to reach lots 1 and 2 w i l l b e p r o p o s e d . K n u t s t o n r e p l i e d n e g a t i v e . The planner stated the staff has conce r n s r e g a r d i n g t e e , f a i r w a y a n d g r e e n l o c a t i o n s in relation to the proposed lots as liab i l i t y p r o b l e m s w o u l d b e e n c o u n t e r e d i f someone is injured on a public street . H e s t a t e d s u c h c o n c e r n s w i l l b e o u t l i n e c t i n the staff report. Mr. Don McGlynn, Olympic Hills Corporati o n , s t a t e d b a s e d u p o n t h e i r e x p e r i e n c e w i t h golf courses, the distances from the lo t l i n e s a n d t h e c o u r s e a r e a d e q u a t e , b u t i f necessary perhaps the street to lots 1 and 2 cou l d b e p r i v a t e , n o t p u b l i c . Motion Bearman moved, Redpath seconded, to c o n t i n u e t h e p u b l i c h e a r i n g o n O l y m p i c H i l l s 3rd and 4th to the August 22nd meeting and direct staff to prepa r e a r e p o r t w i t h attention given to the City 's liabili t y g i v e n t h e r o a d l o c a t i o n s e r v i n g l o t s 1 U . Motion carried unanimously. November 1, 1977 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-136 RESOLUTION APPROVING THE PRELIMINARY PLAT OF OLYMPIC 'HILLS THIRD ADDITION BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Olympic Hills Third Addition , dated qpn/77 , a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 5-2o1. City of Eden Prairie Public Works Department .Engineering Division CHECKLIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS 'Date 8/24/77 # 77-P-22 1. DEVELOPMENT NAME OLYMPIC HILLS THIRD ADDITION LOCATION West of Franlo Road, East of Olympic H i l l s G o l f Course in the South 1/2 of Section 2 5 . 2. Olympic Hills Corporation D EVELOPER 3. ENGINEER/ARCHITECT/PLANNER Bruce Knutson Architects' I. DOCUMENTS SUBMITTED FOR REVIEW Preliminary Plat dated 9/20/77 5. PROCESSING SCHEDULE: Application received Planning Commission Park & Recreation 6. PROPOSAL Watershed Human Rights 11/1/77 City Council 6.1 ri POD Approval ra Rezoning 6.2 Ix j Preliminary Plat 6.3 Present Zoning RURAL 6.4 Proposed Zoning RN 13.5 6.5 Previous POD # None 6.6 Previous Rezoning Agreement 4 None 516 i - 2 - 6.7 Single Family detached lots: less than 13,500 sq. ft. Density 13 13,500 sq. ft. or more Density 22,000 sq. ft. or more Density 13 .Total SFD lots Total Density 1.6 Multiple Dwelling Units: RN 6.5 Acres Density Density RM 2.5 Acres Total Mult. Units ==== 6.8 X Owner occupied Rentals 6.9 Homeowners Association proposed NO 6.10 Other uses proposed 6.11 Requesting City to providestreets and Utilities Developer to install streets and utilities 6.12 Consistent with City's Comprehensive Land Use map Comprehensive Plan indicates single family residential use. 7. PROPOSED OPEN SPACE, TRAILS AND PARK DEDICATION 7.1 Parcels to be undeveloped as open space None 7.2 Trails (Location, surface type, ownership) None indicated on preliminary plat submitted. c161 -3- 7.3 School/Park sites 7.4 Park dedication fee Ordinance #332 8. PROPOSED STREET SYSTEM Must conform to requirements of 8.1 Check City's Comprehensive Street Plan 8.2 Access to adjoining properties Roadway will abut Property south of plat. Northerly cul-de-sac could provide alternate access to existing home at 9720 Franlo M. 8.3 Street R/W and pavements widths Minimum R/W 50'. Minimum roadway 28'. 50' minimum R/W radius in cul-de-sac. 8.4 Private streets Recommend use of private roadway from westerly cul-de-sac to lots located within golf course. 8,5 Street grades, sight distances at vertical curves, concrete curb and gutter Sight distance at entrance to Franlo Road satisfies requirements for 30 MPH design speeds. 8.6 Street names to be reviewed and approved by Engineering Dept. prior to Final Plat approval 8.7 Parking (Ord. #141) O. K. 8.8 Traffic volume impact on existing streets O.K. 6/61 e -4- 8.9 Frontages on collector streets None 8:10 Other comments Homes on Lots 4 & 5 shall be constructed as far south on lots as possible 9. GRADING AND UTILITIES $, 9.1 Range of cut and fill Maximum cut t S . maximum fill t 10'. 9.2 Significant land features to be preserved None 9.3 Drainage ponds Drainage plan to be required prior to Final Plat ippro n 9.4 Flood plain encroachment None 9.5 Development plan showing proposed grading, storm s e w e r , s a n i t a r y sewer, watermain, minimum floor elevations, pond l e v e l s a n d representative soil borings. Development plan submitted shows only watermain, sanitary sewer and grading - n o s t o r m sewer plan submitted 9.6 Skimming and grit control for commercial p a r k i n g l o t s 57V F -5- 9.7 Sewer and water service to adjoining properties O.K. 9.8 Sewage lift stations required None proposed 9.9 Landscaping, buffering and lighting plans Must be submitted and approved by Engineering and Planning Depts. prior to Final Plat approval. 9.10 Natural gas, underground telephone & electric Underground required. 9.11 Other comments A development plan showing items contained in 9.5 will be required prior to approval of the Final Plat. 10. VARIANCES REQUESTED None requested 11. OTHER AGENCY REVIEW AND APPROVAL REQUIRED BEFORE FINAL CITY APPROVA L X Watershed District Minn. EQC Henn. Co. Adjoining Community ONE Minn. DOT Metro Council 5-7 51.G- -6- 12. SPECIAL ASSESSMENTS LEVIED AND PENDING Levied: 45627, trunk sew/wtr $39,663; 46438, Neill Lake STM sew., $16,354; 46446, Franlo Rd. Improve- ment, $7440; 46452, Trunk sew/wtr, $51,760 13. OTHER REQUIREMENTS Environmental Worksheet X Rezoning Agreement Developers Agreement (PUD only on Final Plitt) 51512-ii CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-137 RESOLUTION APPROVING THE PRELIMINARY PLAT OF OLYMPIC .HILLS FOURTH ADDITION BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of OLYMPIC HILLS FOURTH ADDITION , dated 9/20/77 , a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on Wolfgang H. Fenzel, Mayor ATTEST: SEAL John D. Frane, Clerk 5-16 a City of Eden Prairie ,;•* Public Works Department .Engineering Division CHECKLIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS Date 10/24/77 1. DEVELOPMENT NAME OLYMPIC HILLS FOURTH ADDITION ••• LOC AT ION. West of Franlo Road, North of Co. Rd. 41, South & east of Olympic Hills Golf Course_ 2. DEVELOPER OLYMPIC HILLS CORPORATION 3. ENGINEER/ARCHITECT/PLANNER • Bruce Knutson Architexts 4. DOCUMENTS SUBMITTED FOR REVIEW Preliminary Plat dated 9/20/77 5. PROCESSING SCHEDULE: Application received Planning Commission Park & Recreation 6. PROPOSAL Watershed Human Rights 11/1177 City Council 6.1 PUD Approval El Rezoning 6.2 ED Preliminary Plat 6.3 Present Zoning Rural 6.4 Proposed Zoning RI 13.5 6.5 Previous PUD 4 None 6.6 Previous Rezoning Agreement None 27 13,500 sq. ft. or more Density 22,000 sq. ft. or more Density Total SFD lots 2.0 units/acre 27 -2- 6.7 Single Family detached lots: less than 13,500 sq. ft. Density Multiple Dwelling Units: NM 6.5 Acres Density PM 2.5 Acres Density ?total Mult. Units 6.8 X Owner occupied Rentals 6.9 Homeowners Association proposed No 6.10 Other uses proposed None 6.11 Requesting City to provide streets and u t i l i t i e s D e v e l o p e r ban nor rpqnpRtea rity ton install streets and utiliti e 4 6.12 Consistent with City's Comprehensive La n d U s e m a p 7. PROPOSED OPEN SPACE, TRAILS AND PARK DEDICATION 7.1 Parcels to be undeveloped as open space None 7.2 Trails (Location, surface type, ownership) None indicated 5-7s1 • - 3 - 7.3 School/Park sites 7.4 Park dedication fee _ . None Must conform to requirement of Ordinance 4332 8. PROPOSED STREET SYSTEM gity'S Comprehensive Street Plan • _ 8.2 Access to adjoining properties 8.3 Street R/W and pavements widths Minimum R/W 50'. Minimum pavement width 28'. 50' R/W for North 1/2 of Co. Rd. 41. Minimum R/W for cul-de-sac 50'. 8.4 Private streets None proposed 8,5 Street grades, sight distances at vertical curves, concrete curb and gutter Sight distance at intersection with Pioneer Trail will be reviewed by Hennepin Co. Concrete curb & gutter and bituminous streets required. 8.6 Street names To be reviewed & approved by Engineering Dept. 8.7 Parking (Ord. 4141) O.K. 8.8 Traffic volume impact on existing streets O.K. 515/J- 8.9 Frontages on collector streets _ None 8 10 :-Othei ..cOmmentS -'7_SOuttusierfY 'portion of property line -of .Loell must, be platted' to -ConfotwtdiadiUS useeon roadwaY. 'Plii Standard 50' radius cul-de-sac in easterly portion of plat . • • ,•. : .„ . " Maximum cut .± 8', maximum fill ± lo' . 9.2 Significant land features to be preserved None 9.3 Drainage ponds Subject to requirements of the Watershed Dist. 9.4 Flood plain encroachment None 9. GRADING AND UTILITIES - 9.1 Nange of cut and fill 9.5 Development plan showing proposed grading, storm s e w e r , s a n i t a r y sewer, watermain, minimum floor elevations; pond l e v e l s a n d representative soil borings. Plans submitted shows only sanitary sewer, wateimain_And_srading. No storm sewer plan submitted, 9.6 Skimming and grit control for commercial parking l o t s N. A. 515 /A 9.5 Development plan showing proposed grading, stor m s e w e r , s a n i t a r y sewer, watermain, minimum floor elevations; pon d l e v e l s a n d representative soil borings. Mans submittetithOws only sanitary sewer, witermain_And-Rradino. No storm sewer plan submitted. 9.6 skimming and grit control for commercial parki n g l o t s 810 Other moments Southwesterly portion of p r o p e r t y l i n e . of Lot 11 must be platted' to conform t6 radius used on r o a d w a y . P l t è t a n d a r d 50' radius cul-de-sa c in ea s terly Portion of plat. GRADING:RND .uTILITIES ' 9.1 o " - 'Maximum cut.t 8', maximun fill t 10'. Range f cut and fill 9.2 Significant land features to be preserved Non e 9.3 Drainage ponds Subject to requirements of the Watershed Dist. • 9.4 Flood plain encroachment - None 8.9 Frontages on collector streets *' None 9.7 Sewer and water service to adjoining properties O.K. 9.8- Sewage lift . stations required 9.9 Landscaping, buffering and lighting plans Plans must be sub ,- • mitred by developer and approved by Engineering and Planning ' Dept .'s. prior to Final Plat approval 9.10 Natural gas, underground telephone & electric underground required 9.11 Other comments A development plan showing items contained in 9.5 will be required prior to approval of the Final Plat. 10. VARIANCES REQUESTED None requested 11. OTHER AGENCY REVIEW AND APPROVAL REQUIRED BEFORE FINAL CI1/ APPROVAL X Watershed District Minn. EQC X Henn. Co. DNA Minn. DOT Metro Council Adjoining Community , 51‘1 12.. SPECIAL ASSESSMENTS LEVIED AND PENDIN G Levied: - 416452, trunk sewer and water, $6,440. Property will be subjec t t o a d d i t i o n a l t r u n k sewer and -water assessment at current rates 12. OTHER REQUIREMENTS Environmental Worksheet - , Rezoning Agreement X Developers Agreement (POD only on Final Pl a t ) 5%1 P • approved Planning Commission -2- August 22, 1977 A. lnoble Addition, Universal Land Corporation, re q u e s t f o r r e z o n i n g f r o m R u r a l t o R1-13.5 for 11 single family lots and preliminary p l a t a p p r o v a l o f 1 1 l o t s . The site is located east of 168th Avenue on appro x i m a t e l y 5 . 5 a c r e s e a s t o f Coachlight Manor Addition. A continued public hear i n g . The planner informed the Commission the proponent h a s r e d e s i g n e d t h e p l a t d o w n t o 11 lots , the plat meets all conditions of Ordinan c e 1 3 5 , a n d t h e s t a f f i s r e c o m m e n d i n g approval of the request. C' : Mr. Peterson, representing Universal Land Corpora t i o n , s t a t e d t h e r e v i s e d p l a t o f 11 lots fits the land better, the lot sizes range f r o m 1 4 , 4 0 0 -to 19,200 square feet and the minimum front frontage is 102 feet. Dearman inquired if further soil tests had been d o n e . M r . P e t e r s o n r e p l i e d t h e l o t s are large enough so homes can be placed away from bad soils. Mr. Grant Gilderhas, 16855 No: Manor Road, stated the p r o p o s e d p r o j e c t d o e s n o t enhance the neighborhood and is spot zoning. He re q u e s t e d t h e C o m m i s s i o n t o deny the project as it Would be premature development of agricultural land. Mr. Peterson stated the '68 Guide Plan depicts this a r e a a s s i n g l e f a m i l y r e s i - dential and within the City Zoning Ordinance, Dist r i c t R 1 - 2 2 i s f o r a r e a s w i t h o u t sewer and water , and R1-13.5 for areas with sewer a n d w a t e r a s i s a v a i l a b l e t o this site. Mrs. Roeder, 6435 168th Avenue, expressed concern t h a t t h e g r a d i n g o f t h e l o t s would increase water runoff onto their property. S h e s t a t e d t h a t b a c k h o l e s h a d been dug on the property in question, not soil bor i n g s a n d t h a t i t i s h e r o p i n i o n the site is not buildable. Mr. Peterson replied backholes were dug in 1973. Mr. Gilderhas did not feel the culvert under the R o e d e r ' s d r i v e w o u l d b e a b l e t o handle the additional runoff. Mr. Roeder also felt the culvert under the drive w o u l d b e i n a d e q u a t e a s i t functions poorly now after heavy rains. 515-2 approved Planning Commission -3- August 22, 1977 Mrs. Huntley, 6581 Undestad, stated homes i n C o a c h l i g h t M a n o r a r e o n t o p o f a n old water bed and felt the same water bed w i l l e f f e c t t h e p r o p o s e d K n o b l e A d d i t i o n . Mr. Knudsen, 6511 Undestad, inquired if t h e c o r n e r l o t h o u s e w o u l d b e s e t b a c k properly from the Blunt home. The planne r r e p l i e d t h e b u i l d i n g l o c a t i o n w i l l h a v e to meet city setback standards in Ord. 135 . Gilderhas stated the petition presented at the last meeting sti l l s t a n d s a n d i s the position of the neighbors who signed. MLalloch inquired if the approximate $11 , 0 0 0 a s s e s s m e n t d r o p p e d f r o m t h e property could be recovered if it is deve l o p e d . T h e p l a n n e r r e p l i e d a f f i r m a t i v e . Bob Harrington, 16391 So. Manor Road, ex p r e s s e d o p p o s i t i o n t o t h e p r o j e c t . Motion 1: Lynch moved, Bearman seconded, to close t h e p u b l i c h e a r i n g o n t h e K n o b l e A d d i t i o n preliminary plat. Motion carried unanimo u s l y . Motion 2: Lynch moved, Beaman seconded, to recommend to the City C o u n c i l a p p r o v a l o f t h e rezoning from Rural to R1-13.5 for Knoble A d d i t i o n . M o t i o n c a r r i e d u n a n i m o u s l y . Motion 3: Lynch moved, Beaman seconded, to recommend to the City Council a p p r o v a l o f t h e ., preliminary plat dated Aug. 1, 1977 fo r 1 1 l o t s f o r K n o b l e A d d i t i o n a s p e r t h e staff report dated July 27, 1977 and the E n g i n e e r ' s r e p o r t d a t e d A u g u s t . 4 , 1 9 7 7 . Motion carried unanimously. 5-763 approved hamming Commission Minutes -3- August 8, 1977 B. Kimble Addition, Universal Land Corp., request for rezoning from Rural to R1-13.5, and platting of 14 lots. The site is located east of 168th Avenue on approximately 5.5 acres, east of Coachlight Manor. A public hearing. The planner referred the Commission to the brochure, plat , staff reports and .revised plat for 13 lots. Mt. Peterson stated the plat was revised to meef the concern in the staff report relative to lot size--now all lots exceed 13,500 square feet. He stated the lots are intended to provide for homes in the $60,000 range and he feels the homes will be compatible with the surrounding neighborhood. He did not believe a totlot would be necessary for this small subdivision. Bearman inquired if the proponents are willing to meet the conditions within the ( gineering Report asking for soil borings. Peterson replied they will do borings as asked by the City Engineer and believe the soils can be improved for single family construction. Mr. Peterson stated the project is proposed is RI-13.5 as sewer and water are available, whereas Coachlight Manor was zoned R1-22 because at the time of its approval no sewer and waterwere available. Mr. Undestad, 6580 168th Avenue, expressed concern that the project would increase traffic on 1613th Avenue. 5 7 511 approved lanning Commission Minutes -4 - August 8 , 1977 Grant Gilderhas , 16855 No. Manor Road, spokesman for Coachlight Manor, pre- rted a diagram depicting the proposed project's location to the adjacent 5 acre hobby farms and single family across 168th Avenue. He then read the following petition: TO TIE rIASKISS CO=D25S1CY MD THE CITY COORCIL Of t=i MAIM, MISNIZOTAt Wa enoersignod residents ma lumfolmors of tic ***** sdjeocont to the Trevose! inoble Addition vtoemontl y oi.pore tits plan. We virorenni/y urge owl:amine Ce•mmisaion and City Council to Cony the requested rease.ing for the following reasons: 1. The land oso plan cloarly show all odjacent areas toned either Rural or 6.22. Coachli g ht Addition is all R-22 (i Acre. lots). The land used by Myron hoeder immediately adjacent to the north of U.S ;reposed oddition is a 5 acro (single !wetly) parcol coned Rural. The land owned by Robort Went i,,oliotaly adjacent to the south of too proposed addition is a j acre (single fanny) parcel toned Rural. When the present residents movei into the are, they wore told by the city tint the use Tirol would not yrorit.hitur density C.D1Sine than 5.22 on this parrel. To rotors this small parcel In the center of lands will larior lots 3. not In the interests of the residents involved or the city at Eder %raids. 2. The Cosehlizht neighborhood is already it dire need of a recreational ;lay L•ea. Tn.:re is in CNC., of 55 chtidr.m At the ;rosent ti.a %any of then Tre.sehool azu sold the nearest visy area is over a mtio evey. on a highly trafficked rosd. Duck Lake Trail. With the addition of 13 more houses. and the resultant children. thorn will he no vlsce to absorb them, cidldren. eoceit tote the neighborhood of larger lots . . . or In the streets. It to already a fact on the rocordo of tire Edon Prairie Yublic Safety Dew:rant that rev:slight is OP, of the hlrher co:Or-int and vs:Idol:se areas in the city. Nov we are being csked to absorb WI Snores., of lit in tee r e v:alien soweered Into an area equal to lose than 12i of the sure,uheang noiretorboos. 3. The 'EC inerease in trafflo wIll b. a dire htirr] to oar snail children, es well as the t.1-crous bleyelitts tr.! •1....rror: CI OA neirnbarh,c4. It cheule.te noted t,nt va. entire 1r/cot:a addition Creates en! er...1 into tic of tna Coachligat TJVidt4ItlI1 %/lib ..alit; ocr,s! IA. Its streets. 4. This pre:e1 proOosad RS tho fecblO /Addition presontly is the only out=et for water drainag,. for many homes on the tooth side of Coaohilght. • There is culvert and wielorgreund tl/o drainer* from • vide area onstyinr into this sLrecl. 'Ws ttorm drain,e installatien was approved and rtoommendeJ by the city to the b'ullders wno dovelOpod the ere.. Certainly the residents involrod hove • right to on official enginoorin& study of uas cs-oo. ;motile, and to be setisfied by U.. vIllsro that they will not he saddled with • large personal itn"la,cAt to resolve • city problem. iallN=1; ADDRESS 6COI u3t6RdAY 461o/ kJ:15 / 87A 6 f -rt. 4.74 / 2-4 d•-• .7-4” &V Lu 6' 4%0 e."( 4 e 6Sio I6z--a 3pproved lanning Commission Minutes -4a- August 8. 1977 614, LtAr.-_ •tt . p;m4", • •11 -14.;j- I I I 6, g C4191-41.7 4/Pe 61,0— /6(-7 e "tad 45,54 --/4a:,,cd, „ 414 n 1,4 4 4 "1 • 172164441-CA /y 1- at * 4, 6,53 0 65E0 VI • %el' far4Autr.: tae IU.16i' nano- /6 %-v/ 40. • /4, SS/ S. kAd.4.4,_ 16957 S. /(>0.•,trz. idt 4"i t7 "11 gi eszl'61 5'754 " e:- 6 S 61 Planning Commission Minutes -4b- approved August 8, 1977 6 4,7/ .1.6.4d-a-c4C 66,414.t, 4-..cry(.9 /.6 8$:3" PA.>"44:-2-v•-it-*""e0Z, /4, gss ritAioa /CD,. At • so .41 0.4 /0.CS - 647o W. I(02 (CI•u bower 77. 7:7a0,,,, /67s-0 - NMAA/eze- if L"na-ke e-411v44- I /6 vfe3 /v. /f46oo/2 ictel plcasti' ofqoalarne2 `16,1q0 HAPor Ra_ (2,1 - 11,..,AZZQ 1 4/ST> LA 14,1E54 63-f/ clivies-1441 53/ • 1 . r1,- 0_ L — 4 r 47) t.A.D.A-)0 ,Se 6:17 .ys-sy. e 1 k 0.7-tL4.1) .53s6 727.: (6,,?./- to- //2i Clve . OA a,enw- 65V, ai,eda.fid 3-6-37?. 1 cI N-cs: ..---et..-..----J,----;- I - \-_ ._,,.../ .g...... f-",o,----- 7-4;n 2/-4-4---..t-' elifi U....... -2, (Aso Ii,v1 / ail. - - , 7,- ,..........,efy — 91,24„ 64/.50 44 rawse/.7..(L.,-- //‘Z c...r-e-/z .S.S., //liff.n,,- 44^- 6 7 t'.1"0 .-A ; --- vi2V: VT/ • Approved .•anning Commission Minutes -5- August 8, 1977 Redpath inquired if some day the tracts of Blunt , M o o t a n d R o e d e r w o u l d b e s u b - divided. Mr. Blunt, 6501 168th Avenue, stated h e h a s n o d e s i r e t o s u b d i v i d e and he had understood the area around them would r e m a i n 5 a c r e t r a c t s . Mr. Blunt then asked how large of homes are bein g p r o p o s e d : P e t e r s o n r e p l i e d standards may be applied that would require a ho m e o f 1 2 0 0 s q u a r e f e e t m i n i m u m along with exterior material controls. Mr. ' Baker , 6940 North Manor Road, felt a need e x i s t s i n t h e n e i g h b o r h o o d f o r a play area. Mr. Peterson stated he does not beli e v e t h e C i t y d e s i r e s h a v i n g a small totlot .to maintain in this area and instead the lots woul d b e . s u b j e c t t o the park cash fee in order to purchase a neighbo r h o o d p a r k o f g r e a t e r s c a l e . Steve Schultz, 6490 168th Avenue, felt the lots p r o p o s e d w o u l d c o m p o u n d t h e s t r e e t ( oblems presently existing on 168th Avenue. Mr. Roeder stated if he had known the 5 acre trac t c o u l d b e s u b d i v i d e d h e w o u l d have tried to purchase it. Peterson requested the item be continued to allow h i m t i m e t o r e e v a l u a t e t h e p l a t . Mr. Moot, 6591 168th Avenue, believed soil boring s w o u l d s h o w t h a t t h e p r o p e r t y i s unbuildable. Peterson replied, based on their ex p e r i e n c e , t h e s i t e i s d e v e l o p a b l e . Anion Bearman moved, McCulloch seconded, to continue t h e K n o b l e A d d i t i o n p l a t t o t h e August 22nd meeting to allow theproponents to re e v a l u a t e t h e p l a t . M o t i o n c a r r i e d unanimously. 575k 1.0 THE PLANNING COMY.ISSICN AND THE CITY COUNCIL OF EDEN PRAIRIE, MINNE S O T A : We the undersigned residents and landowners of the areas adjacent to t h e proposed Knoblo Addition vehemently oppose this plan. We vigorously u n t o our Planning Commission and City Council to deny the requested rezonii i i , - for the following reasons: 1. The land use plan clearly show all adjacent areas zoned eitheA 51 Rural or R-22. Coachlight Addition is all R-22 acre lots:7" ;a= The land owned by Myron Reader immediately adjacent to the nerk1 C:1 of the proposed addition is a 5 acre (single family) parcel zoned Rural. Tho land owned by Robert Blunt immediately adjacent to the soutA)1 of the proposed addition is a 5 acre (single family) parcel zoned Rural. When the present residents moved into the area they wore told by the city that the use plan would not premit higher density housing than R-22 on this parcel. To rezone thin small parcel in the ei.“tel. of lands with larger lots is not in the interests of the residents involved or the city of Edon Prairie. 2. The Coachlidht noighborhooi is already in dire need of a recreational play area. There is in excess of 65 children at the present time - many of them pre-school age - and the nearest play area is over a mile away, on a highly trafficked road, Duck Lake Trail. With the addition of 13 more houses, and the resultant children. there will be no place to absorb those children, except into the neighborhood of larger lots . . . or in the streets. It is already a fact on the records of the Edon Prairie Public Safety Department that Coachlight is one of tho higher complaint and vandalism areas in the city. Now we are being asked to absorb an increase of 3j in the population squeozed into an area equal to less than 14 of the surrounding neighborhood. 579 3. The 50% increas in traffic will be a dire hazard to our small 'children as well as the numerous bicyclists and joggers of the neighborhood. It should be noted that this entire proposed addition enters and exits into the center of the Coachlight residential area with no other access to the streets. I. This parcel proposed as the Knoble addition presently is the only outlet for water drainage for many homes on the south side of Coachlight. There is culvert and underground tile drainage from a wide area emptying into this parcel. This storm drainage installation was approved and recommended by the city to the builders who developed the area. Certainly the residents involved have a right to an official engineering study of this complex problem and to be satisfied by the village that they will not be saddled with a large personal investment to resolve a city problem. SIGNED NAME ADDRESS 5/140 City of Eden Prairie Public Works Department .Engineering Division CHECKLIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS Date August 4, 1977 .".• L.A. 77-P-Z-22 1. DEVELOPMENT NAME LOCATION KNOBLE ADDITION 5.5 Acres east of 168th Ave. and north of Duck Lake Trail in the north 1/2 of Section 5 2. DEVELOPER Universal Land Corporation 3. ENGINEER/ARCHITECT/PLANNER 4. DOCUMENTS SUBMITTED FOR REVIEW Rezoning Application, Preliminary Plat dated 8/1/77 5. PROCESSING SCHEDULE: Application received Watershed Planning Commission Human Rights Park K Recreation City Council 6. PROPOSAL. 6.1 ri POD Approval 6.2 Mt Preliminary Plat El Rezoning 6.3 Present Zoning 6.4 Proposed Zoning 6.5 Previous POD II Rur al. R1 -13.5 None 6.6 Previous Rezoning Agreement 0 N0h4, 5-74,/ 8/8/77 Rentals No -2- 6.7 Single Family detached lots: . less than 13,500 sq. ft. Density 11__.13,500 sq. ft. or more Density 9.4 22,000 sq. ft. or more Density 13 Total SFD lots ======== Multiple Dwelling Units: RN 6.5 Acres RM 2.5 Acres Total Mult. Units Density Density 6.8 X Owner occupied 6.9 Homeowners Association proposed 6.10 Other uses proposed None 6.11 Requesting City to provide streets and utilities No 6.12 Consistent with City's Comprehensive Land Use mapYes • 7. PROPOSED OPEN SPACE, TRAILS AND PARK DEDICATION 7.1 Parcels to be undeveloped as open space None 7.2 Trails (Location, surface type, Ownership) Nee proposed 516.1 -3- 7.3 Scheol/Park sites N.A. 7.4 Park dedication fee Cash dedication proposed in conformance. with Ordinance #332 B. PROPOSED STREET SYSTEM 8.1 Check City's Comprehensive Street Plan O.K. 8.2 Access to adjoining properties No access indicated for properties Located easterly of proposed plat 8.3 Street R/W and pavements widths 50; minimum RIM 28' Minimum roadway 8.4 Private streets None Proposed 8.5 . Street grades, sight distances at vertical curves, concrete curb and gutter Street grades and sight distance O.K. Concrete curb &„gutter required. 8.6 Street names O.K. 8.7 Parking (Ord. #141) O.K. 8.8 Traffic volume impact on existing streets slight increase 6`//63 77. 4 - 8.9 Frontages on collector streets N.A. 830 Other comments 9. GRADING AND UTILITIES 9.1 Range of cut and fill Maximum cut i 3', maximum fill 9.2 Zignificant land features to b= preserved None 9.3 Drainage ponds Existing low area south of lots 4 & 9.4 Flood plain encroachment None 9.5 DeVelopment plan showing proposed grading, storm sewer, sanitary sewer, watermain, minimum floor elevations, pond levels and representative soil borings. Development Plan required. Soil borings taken in 1973 indicate questionable soils. Complete soil boring report recommended before Preliminary Plat Approval 9.6 Skinning and grit control for commercial parking lots 5364 -5- 9.7 Sewer and water service to adjoining properties Not possable to serve areas east of site with gravity system from this site. provide for future loop of watermain to east 9.8 Sewage lift stations required 9.9 Landscaping, buffering and lighting plans Usual street light- mg requirements apply 9.10 Natural gas, underground telephone & electric required Underground utilities 9.11 Other comments Provide storm sewer outlit for ponding area located south of Lots 4 and 5 10. VARIANCES REQUESTED Variance from maximum density requirements of Ordinance 4135 required. 11. OTHER AGENCY REVIEW AND APPROVAL REQUIRED BEFORE FINAL CITY APPROVAL X Watershed District DER Minn. EQC Minn. DOT Bonn. Co. Metro Council Adjoining Community 576S -6- 12. SPECIAL ASSESSMENTS LEVIED AND PENDING The prnViring ownpr recppntrui an assessment reduction from: Trunk sew/water, 65,850.00 and Lateral sew/water, $11,206.00 to: trunk sew/water $2,600 and Lateral sew/ w a t e r 63,702.00. This request received Council approval on Sept. 28, 1 9 7 6 . I t is proposed that the trunk sew/water be reassessed at the current r a t e 13. OTHER REQUIREMENTS crediting payments previously made. Environmental Worksheet X Rezoning Agreement X Developers Agreement (PUD only on Final Plat) 5964 LNIVERSAL LAND CORPORATION 14500 Valley View Road Eden Prairie, Minnesota 55343 August 1, 1977 Mr. Jim Jensen Planning Assistant City of Eden Prairie 8950 Eden Prairie Read Eden Prairie, Minnesota 55343 Dear Pk. Jensen: In response to yovr planning report reserding Knoble Addition, I have prepared en alternate plan which incorporates the reemmandations outlined in your report. These changes are as follows: 1. The number of lots have bean reduced so that the follewing stedards Of the R13.5 meing ordinances are net. (a) Mimbuen lot size is over 13,500 s.f. a4 30 feet front setbadk 10-25 coot side setback 20 foot rear setback is acceptdble (c) Cul-de-sac lots have been increased in size to provide no less than 45 foot irontage. 2. The develc2ar agrees to satisfy the park requirement through a park dedication fee rather than land contribution to a moximuniof 2 lots per acre. Enclosed are 10 cx)pies of the revised plat reflecting these changes. Please submit this information to the Planning ComMission for their otnsideration. DPPAini Eneloeures 5'24n STAFF REPORT TO: FROM: 111ROUGII: DATE: PROJECT: APPLICA1If: LOCATI ON: REQUEST: RAC K G RO N - Planning Commission Jim Jensen, Planning Assistant Dick Putnam, Planning Director July 27, 1977 1(001) in Addition Univcr so) Land Corporati on 5.5 acres located east of 168th Avenue and north of Duck Lake Trail Rez ing from Rural to RI-13.5 Preliminary plat approval for 14 lots on 5.5 acres The property is bounded on the north and south by privatw homesites, on the east by 1CIlh Avenre and the west by rural loud slop lo:; down to Purgatory Creek. Across 16ei h Avo.u0 to th:, cast in a single fadiy vcsidential area zoned R1-22. The 1968 Guide Plan shows the area of Knoblc Addition as single family rcaieetia V 1 11 -i \ I, .. 1 f -1. II I u7,.-A ,.,..-: •• . n r , , . , , • -- 11 ...:Ji„ji:.,,... ...c.t 4 1 I 1 I I I R i ---J L----11,'. 0 r-in , • • " i s. .------ , 1 . ,..._. I'M I_ -,,:-.1....,i .I 1 :. . ,. • :._• Irr.:74 y7 C....6 e 141. i• ,i4r_ ...•,.•,••, 4 — . - - : - .1,•... , •-•:',. ''' Al' •.`r ; l' s: - ,,:.1111.i.n 14.x. I t ' • .: t \ 1111 ---- i ._...,•.. #.40,s11 -1 1 '.:11.1-.7—•. , il----1-1--':.------ _____. ::. -.; .; vsmi.q. !,. _ eV' n_:.1 1...1.4'.....-:: i il ---- i •;;;1;.:t.:?)...01.S . I • - I I -e ri ts-.1:4 •I 1 ..', f..1 :-?! II )'41.4-1..': i 4_ Ls ....::,;.,-;.ry-:- , iT ..so.:".si,in , i 4 C Id Density The proposed plat Las a total of 14 lots on S. S4 acres for a gross dcnsity of 2.S2 uoits/ acres. A maximum densi.ty of 2 lots/acre is allowed in the R1-13.5 Di FIGURE 1 LOCATION MAP - ' t 1 )1 )11.:44. 4.st -134!.4 I' • 1 11 1•• 1 , ., 4 1 , ___ _ r __ __ ___IL '5'149 Us, iFl('y 1,a) Staff Report-Knoble Addition -2- July 27, 1977 Zoning Request The proponent is requesting rezoning from Rural. to 111-13.5 with no variances asked for. A variance alllowing'a greater density and lot size should be included in the request. The following arc setback requirements .of R1-13.5 : • 13,500 square foot minimum lot size 30 font front yard setback 10-25 foot minimum sideyard setback, 20 foot minimum roar yard setback SITE ANALYSIS Four lots on the cul-de-sac have frontages less than 45 feet. These lots should have their frontages increased to at least 45 foot which is the mini- mum as established in City Engineering standards. The minimum lot size is 13,205 square feet, the maximum is 14,000 square feet with the average lot size 13,500. Access, Circulation Access to the p.c.pose,1 plat is through a cul-do-sat from 168th Avenue. The street intersects Duck Lake Trail which is a connector to Co. Rd. 4 to the east and to 111 101 on the west. • 168th Avenue has never officially been dedicated as a public street from Duck Lake Trail north to where the Coachlight Manor Addition begins, (Jig. 2), one sides, both sides allhough this portion has been maintained by the City for several year::. The staff feels that this location of the street should be dedicated to the public before final plat approval is received. North Manor Road enters 168th Avenue about 2004 feet north of En oh 1 c Con rt with low residential traffie volumes and it; a sufficient distance between parallel stieets entering a common colletor. Staff lleport-Knoble Addition -3- *July 27, 1977 Soils, Topography, Crading The site is very gently rolling for the most part with the exception of the back of the 2 lots in the northeast corner of the plat, dropping-off sharply at a 2:1 slope. Slopes of less than l2.% are common. Most of the site is drained into natural drainage swales.to the north and northwest with all pite runoff eventually emptying into Purgatory Creek. f or .Tos 1": ).\ A minimpm amount of grading will he 1 .).r'' - required is indicated in the grading ? . , plan to construct the roadway and estuhlish hui ldi .hg pads. 4 -A4 1 \ The ulajerit y of the site is made up of a soil series called Dundas. This , soil has a silty, loom texture, poor to fair hearing capacity and poor • to somewhat poorly drained. Drain tiles should be installed around the footins and 1 121> wide footings , - )‘ , ' ,:lt; ,y *"."`•••''' •., t4 c ' " I IHC IL:A.1,16%A 0; 110, :1011, of the Ileyd,:r aral 1;essc,I Seri es, The:x sea Is are gclm rail)' deep loauy in texture and well drzined. MOderat e ii mit at 1.0m; exi at on these soil s because of fair bearing capa- city oud moderate hanard of frost act ion. The hut Id i foot i ns should be drain Ii led a I one with the w-.e of fairly via,' footings. Soil Map Symbols Du Dundar Silt Loam fleyder Sandy Loam Nell Nessel Loam fleyder Sandy Loam These soils should be investigated prior to building construction to fully understml the limit:iiions and mitigating measures needed. Ve pet at i en A small area of tile site is wooded and all efforts should be made to save this amenity. Other than the neat 11 trev areas, the site is a gently undolating , open field. Seeding and sodding should occur immadiately after grading to prevent soil loss and siltation of Pufgat.ory Creek. Cash Nil Fee All lots will be subject to the cash park fee as City Park Fee Ordinance 332. 6726 Staff Report-Knohle Addition ' July 27, 1977 ALTERNATIVES: A. 1. Rezone the property from Rural to R1-13.5 with den s i t y a n d lot size variances as listed in the report. 2. Preliminary plat approval based ppon the following co n d i t i o n s : a. grading of streets and lots occur in a sensitive manner to preserve tree stands and natural land forms. Soddin g and seeding should occur immediately following grading. b. dedication of the remainder of 168th Avenue to the publ i c , (Pig.2),to insure a public access to the project. Thi s should occur sometime before final plat approval. c. the 4 lots on the cul-de-sac have increased frontages to at least 45 feet. R. 1. Rezone the property from Rural to R1-13.5 as per the s t a n d a r d s of Ordinance 135. 2. Preliminary plat approval based upon the following c o n d i t i o n s : a. grading of streets and lots occur in a sensitive manner to preserve tree stands and natural land forms .. Soddi n g and seeding should occur immediately following grading . b. dedication of the remainder of 169th Avenue to the - iluniic(fig.2), to insare a pubic access to the project. This should occur sometime before final plat approval. c. that the plat is revised to meet lot size, density and other requirements of R1-13.5 District. RECWMP,NDATION The Planning Staff would recommend Alternate Bos the s t a f f d o e s n o t f i n d a n y reasons presented by the developer to justify the varia n c e s f r o m O r d i n a n c e 1 3 5 . The project is not a Phi), does not provide trade-offs o r o p e n s p a c e a n d i s not unique or innovative housing concept, therefore the v a r i a n c e s d o n o t s e e n justified. ..1E.1:jmj 5T1 PFIELIIAT.Y PLAT KNOBLE ADDITION universal land. co. (f.1.01 • ; \ 1, • • ; !: • " {; • I.•••••• 114.44 iSt 4„," • lc 04.," CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-135 RESOLUTION APPROVING THE PRELIMINARY PLAT OF KNOBLE ADDITION BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of KNOSLE ADDITION , dated 811/77 , a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of the Eden prairie Zoning and platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk 51'72 City of Eden Prairie Public Works Department .Engineering Division CHECKLIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS Date August 4, 1977 INV. 10/27/77/ L.D. # 77 -P -Z -22 1. DEVELOPMENT NAME )(NOBLE ADDITION LOCATION 5.5 Acres east of 168th Ave. and north of Duck Lake Trail in the north 1/2 of Section 5 2. DEVELOPER Universal Land Corporation 3. ENGINEER/ARCHITECT/PLANNER 4. DOCUMENTS SUBMITTED FOR REVIEW . Rezoning Application, Preliminary Plat dated 8/1/77 ,( 11 lots) 5. PROCESSING SCHEDULE: Application received 8/2317 7 Planning Commission Park & Recreation 6. PROPOSAL 6.1 POD Approval f' I Rezoning 6.2 Preliminary Plat 6.3 Present Zoning Rural 6.4 Proposed Zoning R1-13.5 6.5 Previous POD # 6.6 Previous Rezoning Agreement 4 Nono Watershed Human Rights City Council e 6.7 Single Family detached lots: . less than 13,500 sq. ft. Density 13,500 sq. ft. or more Density 2.1' 22,000 ,sq. ft. or more Density H Total SFD lots Multiple Dwelling Units: RN 6.5 Acres Density RN 2.5 Acres Density Total Mult. Units 6.8 X Owner occupied Rentals 6.9 Momeowners Association proposed 6.10 Other uses proposed None 6.11 Requesting City to provide streets and utiliti e s 6.12 consistent with City's comprehensive Land use mapl'es 7. PROPOSED OPEN SPACE, TRAILS AND PARE DEDICATION 7.1 Parcels to be undeveloped as open space None 7.2 Trails (Location, surface type, ownership) None prop o s e d No -3- 7.3 School/Park sites N.A. 7.4 Park dedication fee Cash dedication proposed in conformance with Ordinance #332 8. PROPOSED STREET SYSTEM 8.1 Check City's Comprehensive Street Plan O.K. 8.2 Access to adjoining properties No access indicated for properties Located easterly of proposed plat. Recommend that developer & City Staff review feasibility of extending road to -east property line with a temporary cul-de-sac before final platting. 50; minimum R/W 28' Minimum roadway 8.4 Private streets None Proposed 8,5 . Street grades, sight distances at vertical curves, concrete curb and gutter Street grades and sight distance O.K. Concrete curb &4 gutter required. 8.6 Street names O.K. . 8.7 Parking (Ord. *141) O.K. 8.0 Traffic volume impact on existing streets slight increase 5-119-t i5g3 8.3 Street R/W and pavements widths soil boring report recommended before Final Plat Approval 9.8 Skimming and grit control for commercial parking lots ick 519.1c -4- 8.9 Frontages on collector streets N.A. Bap Other comments 9. GRADING AND UTILITIES 9.1 Range of cut and fill Maximum .cut ± 3', maximum till 33' 9.2 Significant land features to bu preserved None 9.3 Drainage ponds Existing low area south of lots 4 & 5 9.4 Flood plain 'encroachment None 9.5 DeVClopment plan showing proposed grading, Storm sewer, sanitary sewer, watermain, minimum floor elevations, pond levels and Development Plan required. Soil borings taken in 1973 indicate questionable soils. Complete ' representative soil borings. 9.8 Sewage lift stations required -5- 9.7 Sewer and water service to adjoining properties Not posseible to serve areas east of site with gravity system from this site. Provide for future loop of watermain to east .9.9 Landscaping, buffering and lighting plans Usual street light- ing requirements apply 9.10 Natural gas, underground telephone & electric required Underground utilities 9.11 Other comments Provide storm sewer outlet for ponding area located south of Lots 4 and 5 10. VARIANCES REQUESTED 11. OTHER AGENCY REVIEW AND APPROVAL REQUIRED BEFORE FINAL CITY APPROVAL Watershed District Minn. EQC Henn. Co. Adjoining Community DNA Minn. DOT Metro Council -6- 12. SPECIAL ASSESSMENTS LEVIED AND PENDING The previous owner requested an assessment reduction from: Trunk sew/water, $5,850.00 and Lateral sew/water, $11,206.00 to: trunk sew/water $2,600 and Lateral sew/water #3,702.00. This request received Council approval on Sept. 28, 1976. It is proposed that the trunk sew/water be reassessed at the current rate 13. OTHER REQUIREMENTS crediting payment previously made. Environmental Worksheet Rezoning Agreement Developers Agreement (PUD only on Final Plat) s-vg EDEN VALE, INC. 7766 Mitchell Road • Eden Prairie, Minn. 55343 • 6 1 2 / 9 4 1 - 5 3 0 0 'OCT 2 i 197) October 20, 1977 Honorable Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Ladies and Gentlemen; Edenvale, Inc. has submitted 10 copies o f a r e v i s e d s i t e p l a n for the Golf Vista project which was pr e v i o u s l y a c t e d o n b y the City Council. This site plan has been revised by eliminating the most northerly eight unit condomin i u m b u i l d i n g s o n t h e s i t e and moving the other buildings to prov i d e c o n s i d e r a b l y m o r e s e t - backs from the homes lying north of the site on Sundi a l C o u r t . I believe that this revised site plan w i l l s a t i s f y m o s t o f t h e concerns with the project which were ex p r e s s e d b y C o u n c i l m e m b e r s and neighbors when the original plan was considered. The revised plan allows well over 200 feet oi buffe r b e t w e e n t h e c o n d o m i n i u m s in Golf Vista and the rear lot lines n o r t h o f t h e s i t e . T h e revised plan also allows the entire nor t h w o o d e d a r e a t o r e m a i n intact. Additional landscaping will be p r o v i d e d t o b u f f e r t h e parking and northwesterly buildings. T h e o w n e r s h a v e a l s o a g r e e d the building faces which are exposed fr o m t h e e x t e r i o r o f t h e site will be sided with wood siding. T h i s s i d i n g w i l l b e f u l l length boards and not 4'x 8' plywood o r c o m p o s i t i o n s h e e t s . T h e colors will be limited to subdued shad e s o f b r o w n , g r e y s , g r e e n s or natural wood tones, and no bright o r p a s t e l c o l o r s w i l l b e u s e d . 51'73 Honorable Mayor and City Council Page 2 October 20, 1977 It is our opinion that this condominium building typ e a n d l o c a t i o n modified will have less impact from off the site than a n y a l t e r n a t e plan which we could use. In reviewing this with some o f t h e n e i g h b o r s , we feel that this opinion is also shared by, them. I wish to thank you for your reconsideration of thi s p r o j e c t a n d hope that you will approve it for construction as I st r o n g l y f e e l that it will be a real asset to our Eden Prairie comm u n i t y . Your truly, - A 61-evA^ Donald R. Peterson DRP/sr 6-rq REVIEW OF PROPOSED EDENGATE HOMEOWNERS' ASSOCIATION BY-LAWS AND COVENANTS I PURPOSE To provide a review of salient points pertaining to proposed Edengate Townhouse Homeowners' Association. II INCORPORATION Pursuant to the provisions of Minnesota Non-Profit Corporation Act, Minnesota Statute, Chapter 317, a corporation will be formed and named Edengate Association. This corporation is organized and shall be operated for the purposes of community welfare and for the maintenance, preservation, development, improvement, and environmental control of the lots and common properties included in the Edengate Development. The duration of the corporation shall be perpetual. III BY-LAWS OF THE CORPORATION OF EDENGATE The by-laws set forth the legal parameters within which the Association shall operate. The by-laws prescribe types of membership, voting rights, methods of and timing for the establishment of a Board of Directors, Executive Committee, and the officers of the Association, as well as the establishment of an Environmental Control Committee. These by-laws clarify the responsibilities of the Board of Directors which includes the preparation of the rules and regulations, procurement and maintenance of liability and hazard insurances for property owned by the Association and cause common property and exteriors of all structures to be maintained. IV DECLARATION OF COVENANTS The purpose of this component of the Homeowners' Association is to provide for the preservation of development values and amenities and for the maintenance of open space, common areas, and facilities. To this end, the developer declares certain covenants, conditions, restrictions, easements, charges and liens. Discussed in these covenants are methods of making annual assessments on each homeowner for normal common area maintenance for services which include snow removal and grounds maintenance. A special assessment for capital improvements on common areas is also provided for and such funds can be procurred if determined necessary by the Board of Directors. Exterior maintenance, painting, and repairs of individual living units Is assessed to each property owner requiring such services. The covenants also provide for the establishment of an environmental control committee which receives instruction from the Board of Directors and controls such things as the following: placement of buildings, structures, fences, or walls, and any improvements or structure of any kind involving the painting, decorating, or coloring in any way of exterior surfaces. Environmental control also includes the planting of trees and prohibits, unless approved by the Board of Directors, the placement of sculptures, works of art, or ornamental lighting in any outside area or lot. The Association maintains all common ground and building exteriors and the exteriors of any or all improvements or structures on any lot. This includes driveways, fences, windows, sewage systems, plumbing, lighting, air conditioning, electrical, and any other structures on the site. The following are additional restrictions identified in the covenants: 1. No lot shall be used for any purpose other than residential. 2. No animals of any kind shall be kept for any commercial purposes. 3. No signs except "For Sale" signs are allowed with the exception of a sign for purposes of advertising the development. 4. No noxious or offensive activity shall be carried on upon any lot. 5. Garbage, rubbish, and trash shall not be kept on any lot except in sanitary containers and screened from view. 6. No structure of a temporary character, trailer, tent, shack, barn, or other building shall be erected on any lot. No television or radio antennas shall be erected or maintained upon any lot except that a television antenna of reasonable size may be placed on the roof of a living unit. 7. All sporting equipment, toys, outdoor cooking equipment (except permanent installation), clothes lines, and other equipment and supplies of convenience to residential living shall be enclosed or screened from view in a manner approved by the Board of Directors or the Environmental Control Committee. These covenants shall run with the properties and are enforceable by the Association or any owner from the date of declaration and are automatically renewed for successive ten year periods. HOWARD DAHLGREN ASSOCIATES 114CORPOPAT CONSULTING PLANNERS ONE GROVELAND TERRACE MINNEAP01,15. MINNESOTA 55003 9•2• 377- 3539 August 22, 1977 EDENGATE PUD DEVELOPMENT SUMMARY LAND AREA: PUD Land Area Park Land Area TOTAL AREA AREA (ACRES) 43.7 74.5 118.2 PERCENT OF TOTAL 37% 63% 1 00% LAND VALUE: (based on assessors values of $2,514 per acre for high- land and $622 per acre for low land) PUD Land Area Park Land Area TOTAL AREA VALUE $ 99,456 $ 57,094 $156,550 PERCENT OF TOTAL 64% 36% 100% DENSITY: Total Dwelling Units = 198 Gross Density: 198 units = 1.7 dwelling units per acre 118.2 ac. Net Density: 198 units = 4.5 dwelling units per acre 43.7 ac. MINUTES EDEN PRAIRIE PLANNING COMMISSION approved Monday, September 12, 1977 7:30 PM City Hall COMMISSION PRESENT: Chairman SundstrOm,Schee, Retterath, McCulloch, Lynch COMMISSION ABSENT: Redpath, Bearman STAFF PRESENT: Dick Putnam,, Jean Johnson I. APPROVAL OF AGENDA Schee reminded the staff to designate timers on the agenda and to attempt to place items such as the Guide Plan Discussion at the beginning. Schee moved, Retterath seconded; to approve the agenda as submitted. Motion carried unanimously. 11. MINUTES A.' Minutes of the August 22, 1977 Meeting Lynch moved, Schee seconded, to approve the minutes as written. Motion carried unanimously. B. Minutes of the August 29, 1977 Meeting P.2, 8F,last sentence should read-Sundstrom felt that the important historical context of the PUD process is not as well outlined in the existing update draft as it might be. Greater recognition should be given to the defini- tion of the update plan as the final PliD concept/development stars for all of Eden Prairie. Lynch moved, Schee seconded, to approve the minutes as written and corrected. Motion carried unanimously. III. MEMBERS REPORTS A. Chairman Sundstrom-none B. Others-none IV. REPORTS AND RECOMMENDATIONS A. Edengate, by Gerald B. Pautz and Pautz-Franklin Realty Co., request for PUD Development plan and preliminary plat approval and rezoning from Rural to RM 6.5 for 198 townhouses. The site is located north of Duck Lake Trail , IA mile east of TB 101. A continued public hearing. Mr. Howard Dahlgren, Howard Dahlgren & Associates, project planners, stated he felt the staff report was well done and he concurs with the recommendations. He reviewed the project of ownership units, varied roof lines and colors(earth- tones), double garages, floor plans for 2-3bedroom units, etc. He stated in response to the neighbors' concerns they will not use 4x8' sheets of plywood for the exterior. Mr. Dahlgren felt the traffic increases would be phased over 3-4 years as the construction of the units are completed. He then distributed and outlined the contents of a draft covenant/bylaws governing maintenance. The planner reviewed the site's history and past plans as outlined in the staff report dated September 8, 1977. He stated the staff is not recommending another crossing of the creek for additional access to the site, but that 2 accesses could be off of the proposed N/S Parkway. He also stated the staff does not feel an additional environmental review is necessary for the project. He believed 527,- Planning Commission Minutes -2- approved Sept, 12, 1977 the dedication of approximately 80 acres is reasohable and a l t h o u g h t h e p r o j e c t does not strictly conform to the Purgatory Creek Study, it m a y n o t b e f e a s i b l e to purchase the property involved. He suggested ,modificatio n s t o t h e s i t e p l a n in order to eliminate the totlots from the auto courts,provi d e m o r e g u e s t p a r k i n g and the addition of a walkway system. Lynch inquired as to the emergency access planned for the p r o j e c t . T h e p l a n n e r replied residents along Tartan Curve oppose the access thro u g h t h e i r s t r e e t , a n d the site plan depicts two access points off of the proposed N / S P a r k w a y . Lynch suggested the staff have the Fire and Public Safety Departments review the emergency access plan for the project. Mr. Harley, 6741 Tartan Curve, disagreed with the multiple p r o p o s e d n e x t t o s i n g l e family and suggested the parkway be constructed prior to any u n i t s . W. Booth, 6781 Tartan Curve-, concurred with Mr. Harley. Mr. Miller, 6840 Parkview Lane, felt townhouses should be c o n s t r u c t e d w h e r e t r a f f i c , is not a problem instead of proposing them in an area th a t h a s a n e x i s t i n g t r a f f i c problem. Glen Keller, 6721 Lochanburn Foul, asked if the project wou l d b e r e v i e w e d . b y the Park & Recreation Commission. Mr. Dahlgren replied it has b e e n p r e s e n t e d t o t h e Park & Recreation Commission but a recommendation has not ye t b e e n m a d e . (Mr. Miller objected to the precedent that might be set i f t o w n h o u s e s a r e a l l o w e d on hilltops in the NW area of Eden Prairie. Mr. Askland, 18219 Ginavale Lane, opposed any development p r i o r t o a n adequate road system. Mr. Catt, 18600 Duck Lake Trail, did not believe the projec t i s c o n s i s t e n t w i t h the PurgatoryCreek Study, that an environmental reivew sho u l d b e u n d e r t a k e n , and objected to the need of a N/S Parkway with TH 101 only 1 / 2 m i l e a w a y . H e suggested the City purchase the property with funds accordi n g t o t h e C r e e k Study. The planner stated the revised Edengate plan has been -supplied to the EQC and DNR and todate no further information has been requested . Schee expressed her opinion that slot of growing is taking p l a c e i n E d e n P r a i r i e and zero growth would be unrealistic. She stated her neig h b o r h o o d h a s u n d e r - gone many changes in housing styles, roads, etc., in the past 10 y e a r s , b u t she still enjoys Eden Prairie although it is not what she e n j o y e d 1 0 y e a r s a g o . She believed residents should realize that changes in a neig h b o r h o o d d o n o t h a v e to mean a lower quality of living. Mr. Catt urged the commission to listen to the neighbors, n o t t o t h e p e t i t i o n e r , as was voiced at the Guide Plan Seminar Meetings and again d u r i n g t h e E d e n g a t e hearings. Motion 1: Lynch moved, Schee seconded, to close the public hearing on t h e E d e n g a t e preliminary plat. Motion carried unanimously. Motion 2: Lynch moved, Schee seconded, to recommend to the City Counci l a p p r o v a l of the revised Planned Unit Development Concept Stage Plan for Edengate. Motion carried 3:2 with McCulloch and Retterath voting nay. 51% ;laming Commission Minutes -3- approved Sept. 12, 117 Motion 3: Lynch moved, Schee seconded, to recommend to the City Council approval of the development stage and rezoning request from Rural to RN 6.5 for the Edengate Townhouse project. Motion carried 3:2 with McCulloch and Retterath voting nay. Motion 4: Lynch moved, Schee seconded, to recommend to the City Council approval of the preliminary plat for Edengate based upon the revised plan and other submitted documents and the staff report of September 8, 1977 . And request an opinion from the Plinio Safety Department relative to the emergency access. Motion carried 3:2 with McCulloch and Retterath voting nay. I Motion 5: Schee moved, Lynch seconded, to recommend to the City Council that the Environ- mental Review Board further review the revised Edengate Townhouse project. _ . _ . Motion carried 4:1 with McCulloch voting nay. 51'71 Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD #4 EDEN PRAIRIE, MINNESOTA 55343 September 8, 1977 Mr. Richard Putnam City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Edengate Development Dear Mr. Putnam: The engineering advisors to the Board of Managers of the Riley-Purgatorr. Creek Watershed District has reviewed the preliminary plans dated August 14, 1977, submitted to the District for the above referenced development. The comments summarized in the District's April 2, 1975 correspondence are still applicable to the revised development. 1. The District notes that an encroachment is proposed into the 100-year frequency floodplain of Purgatory Creek. Our calculations indicate that a total of 18.0 acre-feet of flood storage is contained on the development site. The plan shows that a filling of 1.2 acre-feet of this flood- plain storage is proposed. According to Watershed District criteria, the maximum allowable reduction in floodplain storage on this parcel is 1.4 acre-feet. Therefore, the proposed encroachment meets the Watershed District's encroach- ment criteria. 2. The grading plan submitted with the development plans indicates that a considerable amount of land alteration and earth- moving is being proposed. It will be necessary for the developer to obtain a grading and earthmoving permit from the Watershed District. Since the development is immediately adjacent to Purgatory Creek and adjoining floodplain, the potential impacts of erosion from the project are particularly acute. Erosion protection measures to be taken during construction to prevent the movement of sediment to the creek or adjacent wetland areas must be shown on the construction plans and submitted to the District at the time of permit application. Due to the size of the development and due to the potential for erosion unless extreme care is taken, the Watershed District may also require a bond from the developer in order to insure that the erosion protection plans are implemented. 5"--7'73 LLQ Mr. Richard Putnam Page 2 September 8, 1977 3. It is the policy of the Watershed District to require settling ponds or inundation areas to remove sediment and other undesirable material from storm water runoff from major developments of this type. We note that no storm water settling ponds or inundation areas are shown on the plans submitted to date. Consideration should be given to the construction of settling ponds within the development or on the west side of the proposed park- way. 4. Duck Lake Trail, the proposed entry road into the develop- ment and the proposed parkway, will necessitate three road- way crossings of Purgatory Creek within approximately 1,200 feet. The Purgatory Creek floodplain delineated by the Watershed does not reflect this many crossings in this area. For this reason, bridges will be necessary to minimize the increase in flood level upstream of the entry road to the development and upstream of the proposed parkway or the roads should be combined to minimize the number of creek crossings in this area. The Watershed District is concerned about a proliferation of roadway crossings of the creek because of their impact on flood levels and because of their interference with pedestrian movement along the creek. 5. The storm sewer system for the development is not shown on the utility plan. To comply with Watershed District criteria, all storm water runoff must be carried to the floodplain or to the creek. In cases where erosive velocities are present, energy dissipation structures will be needed at the outlet of the storm sewer systems. The Watershed District appreciates the opportunity to review this develop- ment at an early date. If you have any questions about our comments, please do not hesitate to contact us. AC/dd cc: Mr. Conrad Fiskness Mr. Frederick Richards Allan Gebhard BARR ENGINEERING CO. Engineer for the District 61 99 MINUTES EDEN PRAIRIE PLANNING COMMISSION ' Monday, August 22, 1977 approved 7:50 PM City Hall IV. REPORTS AND RECOMMENDATIONS A. Edengate, by Gerald B. Pautz and Pautz Franklin Realty Co., r e q u e s t f o r PUD Development plan and preliminary plat approval a n d r e z o n i n g f r o m R u r a l to RN 6.5 for 198 townhouses. The site is located n o r t h o f D u c k L a k e T r a i l 1/4 mile east of TN 101. A public hearing. Motion: Dearman moved, McCulloch seconded, that since the l e g a l o p i n i o n h a s n o t b e e n r e c e i v e d (prom the City Attorney and no staff report has been prepared todate, that the item continued to the September 12, 1977 meeting., Discussion: Sundstrom inquired when the City Attorney's opini o n c o u l d b e e x p e c t e d . T h e p l a n n e r replied the City Attorney has verbally informed t h e s t a f f t h a t :81. The area has an aoproved PUD, and#2. the application shoul d b e p r o c e s s e d a n d r e v i e w e d , considering the public's health safety and welfa r e , e t c . , j u s t a s a n y o t h e r submission. Bearman stated he would prefer to have the Attorney's opinion in writting so to have for record and guidelines. Vote: The motion carried unanimously. Motion: . Lynch moved, Bearman seconded, to consider .item VIII. A. American Family Insurance Sign Request before IV. B. Knoble Addition as the p r o p o n e n t f o r ) n o b l e A d d i t i o n was not present at the time. Motion carried unanim o u s l y . clk) MINUTES EDEN PRAIRIE PLANNING COMMISSION (—( Monday, August 8, 1977 approved 7:30 PM City Hall COMMISSION PRESENT: Chairman Sundstrom, Redpath, McCulloch, Lynch, Bearman, Retterath COMMISSION ABSENT: Schee STAFF PRESENT: Dick Putnam, Jean Johnson I. APPROVAL OF AGENDA Bearman moved, Redpath seconded, to approve the agenda as submitted. Motion carried unanimously. II. MINUTES OF THE JULY 25, 1977 MEETING P.3, 3f, spelling of showed. P.4, V., A., 5P, spelling of dedication . Redpath moved, Lynch seconded, to approve the minutes as submitted and corrected. Motion carried 4:0:2 with Bearman and Retterath abstaining. III. MEMBERS REPORTS A. Chairman none B. Others 1. Retterath distributed 2 articles for the Commission's infOrmation. IV. PETITIONS AND REQUESTS ,PUBLIC HEARINGS: A. Edengate, by Gerald B. Pautz and Pautz-Franklin Realty Co., request for PUD Development Plan approval and rezoning from Rural to RN 6.5 for 198 townhouses . The site is located north of Duck Lake Trail 1/4 mile east of TM 101. Mr. Dahlgren, Howard Dahlgren 6 Associates, stated they have met once with the neighborhood and another time with the Northwest Eden Prairie Steering Committee and are presenting the application from the standpoint of working with the neighborhood and City in beginning a process towards a solution. He then introduced Mr. Jim Dorsey, attorney for the proponent. Mr. Dorsey briefly reviewed the court suit over the past 2 years and handed-out "FINDINGS OF FACT CONCLUSIONS OF LAW ORDER FOR JUDGEMENT", File No. 719041, for the Commission's information relative to detailed court happenings and findings. Mr. Dahlgren stated they believe the land is zoned Planned Unit Development for multiple and they are attempting the best possible use of the land as multiple. Mr. Dahlgren then presented slides and diagrams depicting past submissions and approvals , location of site, relation to roadway systems, surrounding developments, topography, unit layout , etc. He stated the present application is for 198 townhouses ( no rental, all to be sold), with a 400 foot buffer between the project and the single family to the west. He stated the Steering Committee has suggested the 400 foot buffer be measured from the single family rear lot lines and they concur.and have revised the plan to reflect that idea. He added that it has been proposed to the single family lot owners contiguous to the project that the proponent is willing to deed over some land to 1Z7 'I aPP roved ?lanning Commission Minutes -2- Aug. 8, 1977 ( rease the lot depths, thereby increasing the di s t a n c e b e t w e e n t h e p r o j e c t 1,.d the rear lot lines. He stated it seemed ac c e p t a b l e t o t h e r e s i d e n t s , but has not been formally agreed upon. Mr. Dahlgren informed the Commission a homeowner' s a s s o c i a t i o n i s e n v i s i o n e d to maintain the units, grounds, 2 tennis courts, p o o l a n d p o s s i b l y t h e w e t l a n d s if the City does not accept dedication of the wet l a n d s . Mr. Dahlgren then outlined the following construc t i v e i d e a s t h e y r e c e i v e d from the Steering Committee: 1. 198 units appears reasonable. 2. Hill should be left intack. 3. No emergency access to Edengate through Tartan Cu r v e . 4. 400 ' buffer should be measured from the single family rear lot lines. S. No objection to the units being placed along t h e h i l l . 6. Duck Lake access to project as shown is acceptabl e , b u t should be moved further north after construction o f t h e . • parkway. 7. City should construct parkway. 8. Outside materials should be other than 4x8' plywo o d . 9. Exterior of buildings 'should include fireplaces. 10. Roof colors should be varied. MT. Dahlgren stated they concur with the 10 points, re a l i z i n g o f c o u r s e t h e y d o n o t eflect all of the residents feelings. Mr. Dahlgren asked that the item be continued to t h e C o m m i s s i o n ' s A u g u s t 2 2 n d meeting allowing the proponent to further work-o u t d e t a i l s . H e a d d e d t h a t t h e y are willing to work further with the residents and s u p p l y a n y i n f o r m a t i o n t h e y can . Beaman inquired if the City Attorney concurs with t h e a p p l i c a n t ' s i n t e r p r e t a t i o n of the judge's findings. The planner replied the City Attorney will be submitting an opinion. Dennis Flagg • 6820 Park View Lane, asked if any plantings are being p r o p o s e d . Mr. Dahlgren replied the project will be landscape d a s p e r C i t y o r d i n a n c e . Mr.Cook , 6920 Park View Lane, asked how much the u n i t s w o u l d s e l l f o r a n d w h a t School District they would be in. Mr . Dahlgren r e p l o i e d t h e u n i t s w o u l d s e l l i n t h e mid-$50,000s and all of the project is within the M i n n e t o n k a S c h o o l D i s t r i c t . Mrs. Fritz , 6960 Ticonderoga Trail, inquired what type of ro a d t h e p r o p o s e d Dell Road would be. The planner replied the road h a s b e e n e n v i s i o n e d t o h a v e 100 ' right-of-way with 4 lanes of traffic. He add e d t h a t t h e D e l l R o a d a l i g n m e n t would be evaluated during the Guide Plan update pr o c e s s a n d u r g e d t h o s e i n t e r e s t e d to attend and submit comments and concerns. Mr. Catt, 18600 Duck Lake Trail, asked if an over l a y o f t h e P u r g a t o r y C r e e k a r e a could be seen to view the project's location rela t i v e t o t h e c r e e k a n d i t s i m p a c t upon the creek. The planner believed such an ove r l a y c o u l d b e p r e p a r e d b y t h e n e x t meeting. Mr. Kruell, 6780 Tartan Curve, stated more time w o u l d b e a p p r e c i a t e d s o t h a t t h e neighborhood could be better organized. He did n o t f e e l a l l t h e 1 0 p o i n t s o u t l i n e d by Mr. Dahlgren were correct. 570' approved /lanning Commission Minutes -3- August 8, 1977 Mr. Uuderdahl, 6800 Park View Lane, a s k e d if an environmental impact . would be prepared . Dahlgren replied an Environmental As s e s s m e n t W o r k s h e e t would be prepared for the City's appr o v a l . Mr. Cole, 7160 Park View Lane, felt a permanent solution to t h e D e l l . R o a d / V a l l e y Vt • Road intersection should be achi e v e d a n d i n q u i r e d a b o u t t h e t r a f f i c s t u d i e s on Juck Lake Trail. The planner repl i e d a t r a f f i c s t u d y w a s c o n d u c t e d i n S e p t e m b e r . 1976, and 1,000 trips were measured a t D u c k L a k e T r a i l a n d T H 1 0 1 : a n d 2 , 0 0 0 t r i p s at Duck Lake Trail and Co. Rd. 4. Mr. Forlese, 6800 Park View Lane, st a t e d h e f e e l s D u c k L a k e T r a i l i s a n u n s a f e road and should be improved. Mrs. Nissen, 6721 Tartan Curve, state d h e r g r e a t e s t c o n c e r n i s t h e t r a f f i c o n Duck Lake Trail and at the intersecti o n o f Duck Lake Trail / Tartan Curve.. Motion Wedpath moved, Retterath seconded, to c o n t i n u e t h e p u b l i c h e a r i n g o n t h e P U D D e v e l o p - ment Stage request to the August 22nd m e e t i n g a n d d i r e c t t h e C i t y s t a f f a n i C i t y Attorney to prepare reports. Motion c a r r i e d u n a n i m o u s l y . 6713 STAFF REPORT TO: FROM: DATE: PROJECT: APPLICANT: APPLICATION DATE: 'REQUEST: Planning Commission Dick Putnam, Planning Director September 8 1977 Edengate Planned Unit Development G.B. Pautz & Pautz-Franklin Realty, Inc. July 29, 1977 1. PUD Development Stage Approval for 198 townhouse units 2. Zoning of the 38t acres to RM 6.5 LOCATION: North of Duck Lake Trail and East of Lochanburn Addition in Northwestern Eden Prairie REFER TO: 1. Edengate PUD Application, July 29, 1977 2. Modified plans: utility, grading, landscaping and preliminary plat, Aug. 18, 1977 Reference Documents Usedin Preparation of Staff Report: a. Planning staff Report April 7, 1975 b. Edina Builders PUD, 1970 PUD Concept Plan c. Purgatory Creek Study, Brauer & Associates d. 1968 Comprehensive guide Plan, adopted 5-68 e. Environmental Quality B:Aird , Environmental Assessment. Worksheet Guidelines, 1977 f. Staff/con3ulant draft 1977 Comprehensive Guide Plan Update August , 1977 (Unapproved by City or other agencies) g. Ordinance #8, Zoning Ordinance of Eden Prairie, 1958 h. Ordinance #135, Zoning Ordinance of Eden Prairie, 1969 i. Judge Amdahl's Memorandum, No. 719041 REPORT OUTLINE J. EQG letters: June 16, 1975 and December 3, 1975. 1. Summary of Public/Private Decisions A. Ordinance #8 B. 1967-68 Comprehensive Guide Plan C. Ordinance #135 D. 1970 Concept Plan Edina Builders E. 1975 Edengate Townhouse Project F. 1976-77 Edengate Litigation G. Summary II. Land Use Issues A. Land Uses B. Transportation C. Fiscal III. Evaluation of August 18, 1977 PUD Development Stage Plan A. Site access Neighborhood streets Environmental Review Purgatory Creek Study Site development/grading Housing unit design/construction 5 r IN D. C. D. E. F. IV. Recommendations • n ".**.j."7„\'‘. I • • ' *; , • ••• 41, I . "-• oec# 4+.1 Staff Report-Edengate '77 -2- Sept. 8, 1977 . I. Summary of Public/Private Decisions The following brief summary provides background in f o r m a t i o n c o v e r i n g t h e actions which have affected the zoning, platting an d l a n d u s e o f t h e 1 2 0 t acre Edengate site. Ordinace #8, Zoning This was the first true zoning ordinance regulatin g d e v e l o p m e n t i n t h e Village of Eden Prairie. The ordinance adopted in 1 9 5 8 w a s i n a f f e c t u n t i l i t s repeal in November, 1969 when Ordinance 135 was ap p r o v e d . Ordinance 8 and its updated map , revised 2-7-67, i l l u s t r a t e s a z o n i n g of RI , Residential District for the Lochanburn and E d e n g a t e p r o p e r t i e s . (See Figure I) . The R1-District provided for agr i c u l t u r a l u s e s , s i n g l e f a m i l y lots of 22,000 square feet or larger and double bun g a l o w s a t t a c h e d h o m e s on lots of 33,000 square foot minimum. Special Use P e r m i t s w o u l d a l l o w certain non-residential uses within RI Distrlet wit h T o w n B o a r d a p p r o v a l , Staff Report-Edengate Sept. 8, 1977 -3 - 1967-68 Comprehensive Guide Plan Eden Prairie adopted its first comprehensive plan in May of 1968 after a .nine month period of citizen meetings and planning input. The plan as approved by the Metro Council and has been updated over the last 8 years. The Edengate site was graphically depicted as single family low density develop- ment. The text of the Plan encouraged cluster development on certain sites within in low density areas where special conditions justified such higher density . "Residential Single Family" ". . . The Village should encourage development which will preserve many of the natural environmental assests by insisting on designs which cluster single family dwellings or include some low density multiple dwellings in return for preservation of signficiant open space."I "Residential Multiple" Low density (7-10 units/acre) multiple dwellings should be encouraged within the vast "Residential" area of the Guide Plan when such development will preserve signficiant open space. Specific location for this development, obviously cannot be shown, but are considered in total population projections. "2 'Eden Prairie Comprehensive Guide Plan. MS, page 9.Plan Elements Section. 2 1bid., 6•116 fr I I —L— a•?. •t1 ; Staff Report-Edengate -4- Sept. 8 , 1977 Zoning Ordinance 135 Ordinance 135 repealed Ordinance 48,November 1969, after extensive public . debate following the Guide Plan adoption. To implement the plan an exten- sive process of rezoning was undertaken by the Village. The Edengate site and others throughout the community were rezoned to a zoning district consistent with the plan or placed in a category created as a holding zone.lhe Edengate site was rezoned from R1 to Rural District. Pur- ;.;., , I i • " \_:'" 8 •••=1 n .. ", nt \ -•• -••••\•\ .- • fl 13 • I " " I. • •AA...:n••••.", 1970 Concept Plan Edina Builders Eden Prairie approved a POD concept plan for the Edengate site, then Edina Builders ,during the Summer of 1970. The Plan , PUD 70-02 , was the second POD to be approved by the Village and preeeeded The Preserve and Edenvale. Resolution 356A approved the Edina Builders PUD based upon the following conditions: area to contain townhouses and garden apartments on 40 acres of the site with the remaining acres for open space or a golf course . that approval be given based upon plans identified in Exhibit A; that right-of-way for a north/south parkway be provided by the developer and that no development will be approved by the Village until *Lich time as tleproject can be served by sewer and water. " The revised site plan for Edina Builders POD illustrated the major features of the Proposed development: 1. Homeowners associatiOn respansible for common area maintenance. 2. Possible joint golf course with Minnetonka / Hopkins in open Space area. 3. Buffer space of approximately 400 feet from single family homes established as permanent open %Pao.. as part of project. 4. 150 foot right-of-way for parkway dedicated to Village. 5. 804 acres of open space may he dedicated to Village if desired. 6. The miginal concept plan proposed approximately Ill townhouse units to be sold and about 129 rental garden apartment units. 7. Recreational facilities for ;.rojec(i residents will include children play areas, picnic area, hiking trails and natuiestudy area. • . 11101.16, 61r1 • , •\ . ,:••••••n •n• 227 1 if()-;\ - • C . I I n I ( ( i , 6'717 Staff Report-Edengate -S - Sept. 8 1977 1975 'Edengate Townhouse Project Extension of utilities to the Edengate site occurred in 1975 concurrent with a PUD development stage and rezoning application submitted by Gerald Pautz for 206 rental townhouse units. The city reviewed the project at numerous public meetings with the City Council adopting Resolution 1012 denying the Edengate Project for the following reasons: I. The plan does not conform to the concept approval granted to P.U.D. 704 by Resolution 356A of the City of Eden-Prairie.- . • 2. The developer has not agreed to phase the construction of the units in accordance with the recommendations of the City Engineer so that the growth and traffic can be accommodated. 3. The multiple family use is inconsistent with the planned use of the existing developed properties and the proposed use of the adjoining, properties. 4 • The proposal to develop the property as rental property is not consistent with the original plan wherein the units were to be sold to individuals. 5. The plan has neither the recommendation of the City Planning Commission nor the City Park and Recreation Commission. 6. The developer has not adequately responded to a traffic study and subsequent concern for the great increase of traffic on Duck Lake Trail, nor has the developer substantiated the traffic figures to the satisfaction of the City that the traffic on Duck Lake Trail would triple. 7. The plan does not conform to the Comprehensive Guide Plan. 4 Resolution 1012, City of Eden Prairie, July 8, 1975 i.T1K9 Staff Report-Cdengate -6- Sept. 8, 1977 1976-77 Edengate Litigation Mr. Pautz petitioned district court to order the Cit y o f E d e n P r a i r i e t o issue building permits for the project denied by Re s o l u t i o n 1 0 1 2 . T h e court did not grant Mr. Pautz's request as explained i n J u d g e A m d a h l ' s memorandum. SOmmary Plans, whether public or private must be flexible in o r d e r t o r e f l e c t the changing conditions The 120 acre Edengate site over the past 10 years has undergone land use planning and zoning ch a n g e s . T h e s e o f f i c i a l changes have been necessitated by changes in conditi o n s o f t h e s u r r o u n d i n g area, housing market, city plans and property owners h i p . II. Land Use Issues a. Land Use The land use changes involving the Edengate siLe not o n l y a f f e c t e d a d j a c c n t properties but City wide development. Eden Prairie's 1 9 7 0 p o p u l a t i o n w t . : > 6,978 with 1659 housing units and 4.28 persons/unit. In 1975 a Special Census recorded a population of 9,1 0 9 w i t h 2 , 7 0 9 o c c u p i e d units and , 226 Vacant units, 3.26 persons/unit. By the end of 1977 the City estimates its population a t a b o u t 1 2 , 0 0 0 w i t h a total of 3,750 units occupied. At the time of the Edina Builders POD approval in 19 7 0 , t h e C i t y h a d o n l y one multiple family apartment with only 4 units. Tod a y t h e C i t y h a s a b o u t 2St of its housing units as multiple family ranging f r o m l u x u r y c o n d o m i u m / apartment/townhouses to subsidized low and moderate i n c o m e a p a r t m e n t s . Since 1970 conditions have changed related to housi n g o p p o r t u n i t i e s available in Eden Prairie. Today the community is not faced with the issue of if mult-family housing is available, but rather h o w m u c h , w h a t t y p e and where Should such development:: be located. Edengate's site location in the northwestern sector o f t h e C i t y r a i s e s the issue of whether low density multiple family dev e l o p m e n t a t t h i s l o c a t i o n is in the public interest in 1977. 6140 t I N to t. u Rbt..3,1 . • • it.. _ Leema4.4,1 \ • FMNA Staff Report-Edengate -7- Sept. 8, 1977 • Figure 2 illustrates the Duck Lake area of Eden Prairie. N o m u l t i p l e family units(except a few double bungalows) exist or are prop o s e d o t h e r than the Edengate site. Staff Report-Edengate -8- Sept.8, 1977 Summary The Edengate proposal may be described as consistent with objectives of the 1968 Guide Plan by " . . . clustering of single family dwellings or including some low density multipledwellingsin return for preservation of significant open .space."S or . . . the project might be viewed as inconsistent with the surrounding land use given 7 years development since the PUD 70-02 Concept Plan approved. b. Transportation Since the 1968 Guide Plan some changes to transportation plans have occurred These changes include: 1. The construction of US 169 and 212 is uncertain as originally planned. 2. Extension of Crosstown 62 as a freeway west of I- 494 will not occur , rather Co. Rd. 62 will function as a minor arterial street. 3. TH 5 has not been improved as fast as the traffic volumes have increased and is currently over Capacity. 4. The city has not completed necessary street connections relieving traffic using Duck Lake Trail. 5. TH 101 will not be relocated to Vine Hill Road in Minnetonka as Planned in 1968. Intersection improvements at TH 7 and existing TH 101 are planned-no specific plans for the Ti! 5 and 111 101 intersection are approved. 6. The Eden Prairie north/south parkway,now Dell Road, is not constructed and its connection to TI! 5 is uncertain due to the cost of crossing the railroad. The increase in development in the Duck Lake area has greatly increased the need for other street improvements to relieve the traffic currently using Duck Lake Trail. The City staff has recommended consideration of extension of Valley View Road to Co. Rd. 4 in order to provide an east/west collector street. The City Council authorized an engineering study in order to determine alignment costs and feasibility for such a connection. Summary Development in the Duck Lake Area has increased traffic in this residential area to a point where the volumes on portions of Duck Lake Trail are not compatible with public safety. The completed Edengate project produces an additional 11001 daily trips, which without other street construction will utilize Puck take Trail. The transportation problems affecting the Edengate project are those common to other recent residential developments; Hidden Ponds and Maple Loaf Acres. 5 Eden Prairie Comprehensive Wide Plan,1968% page 9, Ptah Elownt Section. 61 99, i . . . • 'I (. Figure 3 Proposed / Existing Road Plans .:: J i ..: • ..•: ' : 1 1 e.o. rzei.4r c.a. ., •• _______,.„,„,...„.„,,,„,,,r.„.,.....,,,—.„,...7.0,,,................„..„.........„,,„.. - ------- . i <-----.; ...)(//1>i 1 1 •• - , ,, 1 ; tdo , • • 0 ! , i , , - ( \I>4.____ i , t I i 4' , , . //\ , --.--....—..."-_ti' SC - 1 "..; A,' • 1 :4 Yr i T 1 [ .....i . .. V., ..I --.--It ..."...i. ..k ./.'-'' •n 1 :1 . 1! : 1'. . • ..... W . . . . 1 c\ n •1.,...',... l.- \ . .. ,.. • • 11. . .' .'.) ; • ......1( , '\i • I 1 tiN_-., ,` ." r t..-a . • . / - W 1 i .:'..':) I • , • - • • 1 1 ' ' ' • \ , 1 ' ,,,,,e'C' ; (.,f1Ve!Ilet , , . • . . - -,4 / i 1,, ' , •s) •1 :"."'"1-1:.." 11-12L1Y..... ".. I- .--... , .. ) \ • { • • Ltrr-----:-.'- .. PtPl.'"'", .1 - :i - i-'''1 .1 ' . A . , •1..---J I 0 4 C g 4. 1 ' • J-„L-4,-:...d.r... 7...-.._.-4:2--„,,,-..7.k.i...!.. .,',‘:•%1.! • ,;,.• ., •- .1--- T". !, ... ! ? 0 ,' i„..._„.•: - , ,.- %,- • ,,-/—z-,-..--....:4'c--"... .4....."' . ' ' ‘,• r •pir%44%4444ammenammoo000.60.0.1.....a.m......ai.1 V4 ,oegjggiaMIONIOOMLaat- , . !j I Yi. . t, • ....:-.'::.:s '•-r- '1 . .." L---"-• ' ' ' ' ..' 1 .--- -------7. 'I I. \ .. .,. , . ...,. C, ....‘ . , ,, : I ......4.... ... 1—.. e; ...„..11( . . • . .. : vy;:.•'',..., ,r:-.-..., 14 • N\ 'le Ct.:J.....1...t.a...... \ \ / 1,, 51913 . . Staff Report-Edengate -9- Sept. 8, 1977 c. Fiscal A simplified fiscal analysis of the Edengate development estimating the taxes and other revenues follows. estimated project value $11,000,600 • acreage unit value $ 55,000 estimated real estate taxes city $ 53,500. schools $149,000 Special Assessments (trunk/lateral) $167,647. III. Evaluation of August 18, 1977 PUD Development Stage Plan The planning staff review of the August 18, 1977 site plans raise the follow i n g questions: I. Site access The single access to Duck Lake Trail requires a 16 foot fill across the creek valley. Two connections to the N/S parkway are proposed at such time as the parkway is constructed. These entrances are shown as 8-10% grades. The traffic study hr Mr. Ilegland included in the application concludes that the Duck Lake Trail access has adequate sight distance and is safe for the proposed design speed. Construction of the parkway and Edengate access would have two new crossings of the creek within 900 feet of each other. Construction of the N/S parkway would he the responsibility of the City since other property owners are affected. The titing of this public improvement may not correspond with Edengate proposed construction and sale schedule. 2. Neighborhood Streets. The City is aware of the need for construction of Valley View RoA east to CO. Rd. • and the N/S parkwayWell Road) connection to new Valley View Road. The City Eugineer prepared rough estimates for a temporary street improvement for Valley View Road totalling about Slot) ,000. 51 9(1 Staff Report-Edengate -10- Sept. 8, 1977 3. Environmental Review The 1975 Edengate Project prepared an Environmental Assessment which was reviewed and approved by the Environmental Quality Council at its June 10, 1975 meeting. The EQC "ruled the Edengatc Assessment and recommended mitigative measures was adequate and that no EIS be required." t Since the City Council denied the project in 1975, the EQC would . . . "hold the assessment in abeyance until such time as the project is resubmitted to the City Council."7 Significant modifications to the project may require review of the amendments to the plan. The August 15, 1977 plan is essential the same plan with the exception that 24 units have been moved to the cast side of the parklAny on a small knoll which was previously mined for gravel. The developer has contacted the Eqc staff who have requested the new plan be reviewed by the DNR as to the impact upon the wetland and the Minnesota Department of Transportation concerning the traffic impact of the revised plan. Because of the 1975 Edengate Environmental Assessment and the similarity of the 1977 plan to the original, a new Environmental Assessment Workshect(EAW) would not seem necessary unless the DNR or MN DOT requests further review. 4. Purgatory Creek Study • The Edengate Project is located in the Duck Lake Trail Sector of the Creek Plan. - 100% of the Edengato housing units are within the Transition or Conservation Zones. The original intent of the Conservancy Zeno was to restrict urban development and retain the natural conditions. The Purgatory Creek Study as approved by the City Council was intended as a . . " Guide for the City as it relates to the management, use, protection and preservation Of the Creek Corridor within- the City".8 The Edengate site plan does not require significant floodplain or wetland encroachment. The construction of the proposed road and the N/S Parkway will cross the creek And will fill portions of the Purgatory Creek floodplain and related wetlands. The Edengate plan builds about 150 units within the Conservancy Zone. The Conser- vancy Zone takes in much of the hillside as well as all of the wetlands. Imple- mentation of the study on the Edengate site would most likely require purchase of the 118± acres because little buildable land remains after the conservancy land is subtracted. Perhaps a high density apartment building could be built on the top of the hill, however such a building type would not blend with the neighborhood. Recognizing the realities of funding and need for public acquisition, land develop- ment alternatives and intent of the Creek Study, development of low density units on the hill seems to be a reasonable compromise from the Creek Corridor Concept. 6 1.etter, J.J. Finnegan, EQC to R. Putnam, City of Eden Prairie, June 16, 1975. 7Ibid. 8 Res. 1125, A resolution Delaring the City's Intention for the Purgatory Creek Corridor, April 13, 1976. 4:01n1011IIIIty NMI VI1110 100 2,0n•• .100- yaw IWO contour 411111**1 • • n • • • • • . • • I ) `.` . ! 1 - . z ,• a. I -.... —.. -.-- :,... \ ;1-• \ r p • : • ., I i • !'••.' • .• r , ..,...•.. ,* .1•• .• • 21 51% Staff Report-Edengate -11- Sept. 8 , 1977 S. Site Development/Grading The Edengate plan utilizes the hill to create buil d i n g p a d s a n d d r i v e w a y terraces. Such a grading plan provides a large nu m b e r o f w a l k o u t u n i t s . Cut and fill areas of up to 14 feet are necessary t o c r e a t e t h e . t e r r a c e s . Most of the units enjoy excellent views overlookin g t h e w e t l a n d o r b u f f e r area. Only 4 units have questionable orientation s w h e r e t h e y a r e 60 feet from the end of other units. The hillside a l l o w s t h e u p - h i l l units to enjoy views over the homes on the low level. No specific information regarding recreational or ho m e o w n e r a s s o c i a t i o n facilities was included in the application. Rased u p o n t h e p r e v i o u s E d e n g a t c plan, original PUD Concept Plan and the revised Ed e n g a t e 1 9 8 u n i t p l a n , s o m e recreational facilities would be provided by the pr o j e c t d e v e l o p e r . T h e -site plan on the following page indicates a outdo o r p o o l / p a t i o a r e a , t w o tennis courts and 3 play areas to be a part of the d e v e l o p m e n t . T h e play areas are located in the center islands of the park i n g / d r i v e w a y a r e a s a n d are not well suited for small childrenplay spaces. No walkway plan is provided in the appplication , h o w e v e r , t h e s t a f f a s s u m e s that sidewalks connecting play areas and recreation f a c i l i t i e s w o u l d b e provided. 6. Housing Unit Design/Construction The architectural plans for the townhouse units app e a r w e l l d e s i g n e d a n d o f f e r interesting elevations. Varied roof lines, fireplaces, walkout levels and split entry level floor plans will reduce the mass of the 96 foot six unit buildings. Landscaping and "building jogs " a l s o h e l p i n r e d u c i n g t h e building scale. The project will he phased over a 3 year period th e r e b y r e d u c i n g m a n y o f t h e i m - mediate impacts for City services and traffic acce s s . Summary The proposed Edengate 198 unit townhouse plan prov i d e s m o d e r a t e p r i c e d h o u s i n g units (SSS,000) at a density of less than 2 units/acre for the entire 11 8 a c r e s or about 6 units/acre on the developed site area of 34 acres. The proposed additons to the rear lot depth of those homeowners a l o n g T a r t a n C u r v e e n h a n c e s their usable lot area. The 400-S00 foot buffer space from those homes provides rea- sonable separation of units required in the Origi n a l P O D 7 0 - 0 2 . T h e 1 9 8 u n i t plan will provide a high quality family housing area f o r a M o d e r a t e p r i c e . Di() Staff Report-lidengate -12- Sept. 8 , 1977 • • ;•1 • • "J I/ ..'"'Cit?"Y'.. C7 / O 1.-? \••••,, -1 .1V '.1 rot 1-1 :' tieee..j*44.1.041.0.) a • E. I t s \ . - '...,1:::,----. (1... . Lt s.2,1,1,----v.....-i .,..., ,; _ i ,..,......,..1 T-•-: 0 erTvol, k--.•-n, 0 :43 1 ,"' 'f, .'i:t•—n ..• . . 1 /V \ i f ,i'.., t..)..Nr 1 • cn i -• !,•';' . ... ....... t....g_ f ,i, • . / , .../,' 7A ( ‘1,.. : \ !!.I:',' . , <-4,'0'. '''', .! ... e-gi ",0, \ I, • .sn Y . .'<.' .' ci --,,-.-\--t-A\ ,-,. ,------. -c.-..- .. ,,2 ---. .1 ' ' f 1 • •.s.: . ••••• ; "•‘; . ., i ,'.) f(). ..zk ',z. ..K .>...,,, .,:--%7,i,, i ...:.0 -7 .1 .:-'. C- r is.--rfaT.J.;" '''Ci ,ii. -• is , is . n• I .:,,,,>.,•..- ; :, ..- • • .':".. ...,"; :,,,..,.; . ,..;•"2/ ,, •,, •;.• ... >-•.; -4----, • 14 ,-)-i-••--• (.1.../ or.: • ,s ....so 0 __,-..,;:,..--: ,,,." ..-••••.- 1.. - -y..::.,..:!..--.. :-..\,%---"‘ • -----, - • --. --- • A _. (.) () - - ' . :-.-...7 -• - - --- - • _ cy (1b. s.‹...,•c...11--....--_ -:::_-_, -1., • •••:"...---.*..- • ."'N .1' ..''' .1 I , 11 198 units A ! ilaiengate Townhouse Development 1 Prairie, Minnesota 11 0 100 400 nowann OAtH{ LAND PLANNV. MN. Staff Report-Edengate -13- Sept 8 , 1977 . IV. Recommendations A. The Planning staff recommends that the Planned U n i t D e v e l o p m e n t C o n c e p t P l a n 70-02 be reaffirmed as a site for low density, m u l t i p l e f a m i l y housing and open space/conservation land use for t h e f o l l o w i n g r e a s o n s : I. The site has a limited amount of developable lan d c o m p a r e d to total site area. 2. Adequate "buffer space" is provided between adjace n t n e i g h b o r s . 3. Impacts of the project will be phased over 3-4 year s . 4. Local transportation system must be upgraded to ac c o m m o d a t e other housing projects thereby relieving traffic o n D u c k Lake Trail. S. The economic impacts upon the City and school d i s t r i c t a r e comparable to other residential developments. 6. The environmental consequences of constructing low d e n s i t y multiple family housing on the "bnild4ble land" a n d preserving the 80t acre wetland is consistent with C i t y , Watershed and State policies. 7. The concept plan is consistent with the intent of t h e 1 9 6 8 Comprehensive Plan. B. The Planntn b Staff recommends that the following modificatio n s b e m a d e to the August 15, 1977 Edengate Site Plan: 1. That the Purgatory Creek crossing cast Of the N/ S P a r k w a y be eliminated or only constructed as a temporary cons t r u c t i o n access, construction of the first phase of the N/S P a r k w a y should provide access to the project. 2. That soil borings be taken along the N/S Parkway alignm e n t t o insure that the prop9;ed alignment is economically feasi b l e . If the road must shift westerly then the site plan s h o u l d change accordingly or the excess cost for road construction be paid by the Edengate developer. 3. That additional rear yard space be conveyed to adjacent o w n e r s along Tartan Curve as proposed by the Edengate plan. 4. That additiona guest_parkingareas he located throughou t t h e s i t e . S. That the developer establish a screened recreational vehicle parking area accommodating approximately 10-15 vehicles o r establish binding restrictions against outside pa r k i n g o f s u c h vehicles. .T')99 Staff Report-Edengate -14- Sept. 8, 1977 C. The Planning staff recommends that the August 15, 1977 Edengate rezoning and PUD Development Stage Plan be approved for the following reasons: 1. The Edengate plan for 198 "forsale" townhouse units is basically consistent with the PUD 70-02: a.18% fewer units than the concept plan. b.100% ownership units rather than SO% rental. c.municipal sewer & water available. d.100 feet right-of-way for N/S parkway provided. e.801- acres to be dedicated to City for open space use. f.the Edengate project will have a homeowners association for development and maintenance of common areas. g.the project will be phased over 3-4 years. 2. The Edengate site plan meets City Zoning, Parking and Subdivision Ordinances. 3. The construction of public streets such as the N/S Parkway and Valley View Road are City responsibilities necessary to protect the public safety and general welfare. Phased construction of the Edengate townhouse project will aliow adequate time for public street improve- ments necessary to support development in the Duck Lake neighborhood. D. The Planning staff recommends that no further environmental review be necessary for the August 15, 1977 Edengatc Development for the following reasons: I. The 1975 Environmental Assessment was approved by the EQC. 2. The site plan modifications of the August IS, 1977 application do notsignificantly change the environmental impacts of the project from the 1975 plan. 3. That suggested chaples to the August 15, 1977 site plan reduce any detrimental impacts upon Purgatory Creek and related wetlands. DP:jj 57,0 City of Eden Prairie Public Works Department •Engineering Division CHECKLIST FOR REVIEWING PROPOSED LAND DEVELOPMENTS Date 9/8/77 77-2-24, P-25 .. • ' 1. DEVELOPMENT NAME EDENGATE LOCATION North of Duck Lake Trail, east of Lochanburn Addition in the south 1/2 of Section 6 2. DEVELOPER Gerald B. Pautz and Pautz-Franklin Realty Co. 3. ENGINEER/ARCHITECT/PLANNER Consulting Engineers Diversifia & Barton-Aschman Associates, Inc. 4. DOCUMENTS SUBMITTED FOR REVIEW Preliminary Plat dated 8/18/7 7 and Development Application dated 7/29/77 5. PROCESSING SCHEDUTX.: X Application received X Watershed 9/12/77 Planning Commission Human Rights X Park & Recreation X City Council 6. PROPOSAL 6.1 POD Approval Rezoning 6.2 rig Preliminary Plat 6.3 Present Zoning Rural 6.4 Proposed Zoning RM 6.5 (townhouses) 6.5 Previous POD 4 70-2 6.6 Previous Rezoning Agreement 0 None S70/ -2- 6.7 Single Family detached lots: less than 13,500 sq. ft. 13,500 sq. ft. or more 22,000 sq. ft. or more Total SFD lots Multiple Dwelling Units: 198 RM 6.5 Acres 44.9 RM 2.5 Acres Density Density Density Density 4.4 _ Density 198 Total Mult. Units (118t total acres = 1.67 u/ac.) 6.8 X Owner occupied Rentals 6.9 Homeowners Association proposed Yes 6.10 Other uses proposed _mpg 6.11 Requesting City to provide streets and utilities 6.12 Consistent with City's Comprehensive Land Use map Ye s , i f PUP 70-2 is considered amendment to Guide Plan 7. PROPOSED orrN SPACE, TRAILS AND PARK DEDICATION 7.1 Parcels to be undeveloped as open space Approximately 73 acres located east of proposed Dell Road. Private ownership o r dedication to City to be resolved. Developer also proposes 4 0 0 ' buffer area measured from rear lot lines of Lochanbuarn Addit i o n . 7.2 Trails (Location, surface type, ownership) None proposed. Park & Rec. Commission to review and recommentd to City Connel l . 510_ 7.3 School/Park sites 7.4 Park dedication fee To be determined pending review by Park & Rec. Commission and City Council 8. PROPOSED STREET SYSTEM 8.1 Check City's Comprehensive Street Plan 8.2 Access to adjoining properties No acreca from Lorbanhorn Addition. Dell Road will provide access to property north of plat. 8.3 Street gihr and pavements widths RnaA R/W len. Developer responsible to dedicate R/14 plus $63,050 cash towards construction of Dell Rd. City to construct Dell Road as its pri- orities dictate. $63,050 assures dedication of 73± acres on east side of Dell Road. 8.4 Private streets Minimum roadway 24' with concrete curb and butter. Parking on one side available with 28' streets 8.5 Street grades, sight distances at vertical curves, concrete curb and gutter Refer to Barton-Aschman report dated 4/29/77. Con- crete curb and gutter required. Sight distance at Duck Lake Trail O.K. 8.6 Street names 8.7 Parking (Ord. #141) Minimum 396 parking spaces must be provided. Recommend additional spaces per 9/2/77 Planning Staff Report. 0.8 Traffic volume impact on existing streets Refer to report by Barton-Ashcman dated 4/29/77. Phasing of project ot 36-60 units per year will help reduce impact on Duck Lake Trail, Doll Rd., Valley View Rd. connection to Co. Rd. 4 should be completed in 41X0f) -3- None -4- 8.9 Frontages on collector streets None 8:.10 Other comments 9. GRADING AND UTILITIES 9.1 Range of cut and fill Maximum cut 10', maximum fill 15' 9.2 Significant land features to be preserved Marsh areaalong Purgatory Creek 9.3 Drainage ponds As recommended by Watershed District. 9.4 Flood Plain encroachment Yes at creek crossing. Flood plain elevation -833 North, 888 south 9.5 Development plan showing proposed grading, storm sewer, sanitary sower, watermain, minimum floor elevations, pond levels and representative soil borings. Preliminary plans submitted do not show storm sewer system. Approval of drainage plans by City staff and Watershed Dist. required before 2nd reading of Rosen. Ord. 9.6 Skimming and grit control for commercial parking lots N/A 610L1 -5 - • 9.7 Sewer and water service to adjoining properties 0.E. No proposed service to adjoining properties. Watermain system will be looped at Duck Lake Trail and at Harrogate Drive. 9.8 Sewage lift stations required No 9.9 Landscaping, buffering and lighting plans Developer must submit plans therefore to City staff for approval before 2nd reading of rezoning Ord. 9.10 Natural gas, underground telephone & electric Underground required. 9.11 Other comments 10. VARIANCES REQUESTED NO variances have been requested 11. OTHER AGENCY REVIEW AND APPROVAL REQUIRED BEFORE FINAL CITY APPROVAL X Watershed District Minn. EQC Henn. Co. Adjoining Community DNR Minn. DOT Metro Council 5Y):: -6- 12. SPECIAL ASSESSMENTS LEVIED AND PENDI N G 167,647 deferred trunk and lateral assessments 13. OTHER REQUIREMENTS Environmental Worksheet X Rezoning Agreement X Developers Agreement (PUD only on Final Plat) 5TY, REVIEW OF PROPOSED EDENGATE HOMEOWNERS' ASSOCIATION BY-LAWS AND COVENANTS I PURPOSE To provide a review of salient points pertaining to proposed Edengate Townhouse Homeowners' Association. II INCORPORATION Pursuant to the provisions of Minnesota Non-Profit Corporation Act, Minnesota Statute, Chapter 317, a corporation will be formed and named Edengate Association. This corporation is organized and shall be operated for the purposes of community welfare and for the maintenance, preservation, development, improvement, and environmental control of the lots and common properties included in the Edengate Development. The duration of the corporation shall be perpetual. III BY-LAWS OF THE CORPORATION OF EDENGATE The by-laws set forth the legal parameters within which the Association shall operate. The by-laws prescribe types of membership, voting rights, methods of and timing for the establishment of a Board of Directors, Executive Committee, and the officers of the Association, as well as the establishment of an Environmental Control Committee. These by-laws clarify the responsibilities of the Board of Directors which includes the preparation of the rules and regulations, procurement and maintenance of liability and hazard insurances for property owned by the Association and cause common property and exteriors of all structures to be maintained. IV DECLARATION OF COVENANTS The purpose of this component of the Homeowners' Association is to provide for the preservation of development values and amenities and for the maintenance of open space, common areas, and facilities. To this end, the developer declares certain covenants, conditions, restrictions, easements, charges and liens. Discussed in these covenants are methods of making annual assessments on each homeowner for normal common area maintenance for services which include snow removal and grounds maintenance. A special assessment for capital improvements on common areas is also provided for and such funds can be procurred if determined necessary by the Board of Directors. Exterior maintenance, painting, and repairs of individual living units is assessed to each property owner requiring such services. 574 The covenants also provide for the establishment of an environmental , control committee which receives instruction from the Board of Directors and controls such things as the following: placement of buildings, structures, fences, or walls, and any improvements or structure of any kind involving the painting, decorating, or coloring in any way of exterior surfaces. Environmental control also includes the planting of trees and prohibits, unless approved by the Board of Directors, the placement of sculptures, works of art, or ornamental lighting in any outside area or lot. The Association maintains all common ground and building exteriors and the exteriors of any or all improvements or structures on any lot. This includes driveways, fences, windows, sewage systems, plumbing, lighting, air conditioning, electrical, and any other structures on the site. The following are additional restrictions identified in the covenants: 1. No lot shall be used for any purpose other than residential. 2. No animals of any kind shall be kept for any commercial purposes. 3. No signs except "For Sale" signs are allowed with the exception of a sign for purposes of advertising the development. 4. No noxious or offensive activity shall be carried on upon any lot. 5. Garbage, rubbish, and trash shall not be kept on any lot except in sanitary containers and screened from view. 6. No structure of a temporary character, trailer, tent, shack, barn, or other building shall be erected on any lot. No television or radio antennas shall be erected or maintained upon any lot except that a television antenna of reasonable size may be placed on the roof of a living unit. 7. All sporting equipment, toys, outdoor cooking equipment (except permanent installation), clothes lines, and other equipment and supplies of convenience to residential living shall be enclosed or screened from view in a manner approved by the Board of Directors or the Environmental Control Comnittee. These covenants shall run with the properties and are enforceable by the Association or any owner from the date of declaration and are automatically renewed for successive ten year periods. 580Z STATE Or MINNESOTA DISTPICT COoRT COUNTY OF HENNErfN MORTO JUDICIAL NISTRIC :11 Gerald H. rautz and rautz- rranklin Realty Co., a Minnesota corporation, jointly doing business as Eden Prairie Townhous Company, Plaintiffs, FINDINGS Or FACT CONCLUSIONS or LAW ORDER COP 4ODGMENT City of Eden Prairie, a Minnesota File No. 719041 municipal corporation. D. W. Osterholt. as Mayor of the City of Eden Prairie, William Bye, as -Councilman of the City of Eden Prairie, Joan Meyers, as Councilman of the City of Eden Prairie, Sidney Pauly, as councilman of the City of Eden Prairie, and Wolfgang renZet as Councilman of the City ot Eden Prairie, Defendants. The above-entitled matter came regularly on for trial before the undersigned, sitting without a jury, on May 10, 1977. Thomas A. Keller, III, Esq., and James R. Dorsey, Esq., appeared as counsel for and on behalf of the plaintiffs, and Ross L. Thorfinson, Esq., appeared as counsel for and on behalf of defendants. Trial was held on May 10, 11, 12, 13, 17, 18 and 19. On the latter date plaintiff rested and defendants moved the Court for dismissal on the grounds that upon fact and law the plaintiffs have failed to establish a right to relief. 5109 Upon the evidence received and testimony adduced, and upon the files, records and proceedings herein, THE COURT FtNOS: I. That plaintiff Gerald B. Pautz is an individual and that plaintiff Pautz-Franklin Realty, Co., is a Minnesota corpora- tion and that the two entities have held themselves out as jointly doing business As Eden Prairie Townhouse Co. at. times material herein, although no certificate of trade name was properly filed as -required by M.S. 333.01 - 333.06 until a time subsequent to May of 1976. 2. Defendant City of Eden Prairie (hereinafter "Eden Prairie) is a Minnesota municipal corporation situated in Hennepin County. 3. Defendant Penzel is the Mayor of Eden Prairie, and defendants Bye, Meyers, Pauly and Osterholt are conticitper ,o:is of Eden Prairie. Defendant osterholt WAS the Mayor of Eden Prairie on and before July 15,, 1970 and during the year of 197',. Defendant Penzel was a councilperson of Eden Prairie during the year 1975. 4. At All times material herein, Edina Building, Inc. was, and now is, the record fee owner of a parcel of real estate con- sisting Of approximately 118 acres situated in Eden Prairie. Such real estate will be hereinafter referred to as "Site." 5. Catco, Inc. is purchaser under contract for deed of the Site from Edina Building, Inc. By purchase agreement dated Hotiember 21, 1974 plaintiff Gerald B. Paut7 entered into a purchase agreement with Catco to purchase the Site from Catco. (See Exhibit 164.) By document dated July 24, 1975 plaintiff Gerald B. Pautz and Plaintiff Pautz-Franklin Realty Co. (together called "buyer") agreed to purchase the Site property from Cater). (See Exhibit 165.) 6. That on February 28, 1967 the Village Council. Adopted Ordinance No. 93, "An Ordinance Relating to and Establishing Subdivision Regulations for the Platting and sublieiding of Lend" (Exhibit 15). 7. That on September 24, 1968 the Village Conneil adopted Ordinance No. 124 entitled, "An Ordinance Relating to Subdivision Regulations, the Platting and Subdividing of Land and Amending 'Ordinance No. 93" (Exhibit 86). Such amendment set. forth rertain requirements for planned unit developments. 8. That on March 24, 1970 the then Village of Eden Prairie, Hennepin County, Minnesota adopted OrdinancC No. 135 relating to zoning of the Village (see Exhibit M. section 11 of that ordinance provided: "Sectinn 11. MID-Planned Unit Development Proeedgre SW:. 11.1 PUrpoSt, The Planned Unit Development (P.ten.) provinion oi this ordinance is 03 Allow variation from the provinions of thie ordinance including setbacks, height, lot area, width and depth, yards, etc. in order to: a) Encourage More creative design and development of land. b) Promote variety in the physical development pattern of the Village. C) Concentrate open space in more usable areas or to preserve unique natural resources of the site. d) Preserve and provide a more desirable environment than would he possible under strict interpretation of the .Zoning Ordinance or Subdivision Regulations. Sec. 11.2 Basic Requirements Planned Unit Development proposals must include an area of at least twenty five (25) acres. Sec. 11.3 Procedure The Village Council shall adopt and may amend epecific procedures and requirements for submission mid approval of Planned Unit Development proposals." 9. That on April 27, 1970 the Village Council adopted "Planned Unit Development Procedures" (Exhibit 13), and on April 6, 1971 a revised version of the "Planned Unit. Developm e n t Procedrues" was adopted (Exhibit f4). 10. In 1970 Edina Building, inc.. made application to'Fden Prairie for a Planned Unit Development (PUD) Concept Plan for t h e Site. On duly 15, 1970 the Eden Prairie City Council adopted Resolution No. 356A (Exhibit f0) approving the PuD Concept Pl a n for the Site. The resolution read, in pertinent part: "THAT, approval be given the Edina Building, Inc. run Concept Plan located on 120 acres of land in the Duck Lake Trail/Ticonderoga Trail area to contain townhouses and gard e n apartment units on 40 acres of the site with the remaining acres for open space or a golf course. "THAT, approval be given based upon plans identified in Exhibit A (attached), that right of way for a north/south parkway be provided by the developer and that no develop- ment will be approved by the Village until such time as the project can be served by sewer and water." U. The Concept Plan provided for multiple dwelling develop - ment consisting of 111 townhouses and 129 garden apeitment u n i t s built on approximately 40 acres of the Site and with individ u a l ownership of townhouses. That the 111 townhouses were to be constructed for sale and the 129 apartments were to he const r u c t e d for use as rental units. The concept also included a possibl e golf course (see item D.1.e. of the Application for concept Approval, Exhibit *9) and a suggestion of development of the project over a period of three years (see D.I.f. of Exhibit R9 ) . 12. Eden Prairie designated the POD Concept approved by Resolution No. 356A as PUD 70-2 (Exhibits 14, 15 6 16). 11. Sewer service became available to the Site in 1973 and in February 1975 construction of water service to the area was approved for the summer months of that year. 14. That on February 11, 1975 the plaintiffs made applica- tion for approval of a PUD development on the Site (Exhibit 1 2 1 ) . 5112 The development WAS designated as the "Edongite Townheoin. Projeot" and will he hereinafter referred to an "Cdengat0 Th- development plan called for 206 rental townhouse units to ho constructed on approximately 38 acres of the Site with the balAnce of the Site being designated as open area (Exhibits 72, 23 .; 24). 15. From the date of the application until June 3, 1.975 there was much activity concerning Edengate PUO. The Planning Commission and the Park and Recreation Commission and the City ,Council met at various times and aspects of the proje't wore considered; and there were public meetings also. in addition, various letters were sent back and forth between the elaintiffr and plaintiffs' representatives to city staff and from city stal-f to plaintiffsor plaintiffs' representatives and rcperts u-se by the Planning Commission and the Park and Recreat:-.o (See Exhibits 26-42, inclusive.) 16. During the time from the application to !,r • ;. various modifications for the development plan wer", '0 or proposed by tho plaintiffs, including a reduction in the numher of units from the proposed 206 to 196. 17. On June 3, 1975 (Exhibit 143) a public hearing WAS held on the Edengate POD development application, and the following action was taken by the Council: "nye moved to close Public Hearing and deny request on this matter and direct the City Attorney to draft a resoletion denying the request incorporating the reasons verbally set forth and stating that the proposed project was inconsistent With land use in that area and the Park/Rec. Commission recommended it be denied and the Planninq/Zonitin commission was equally divided as to denial of r ,•quest. Paul sonded. Bye, Meyers, Pauly, Penzel and Mayor Outerkott %toted 'Ay-I.', motion carried unanimously." The City Attorney prepared and submitted to the Council at its meeting of July fl, 1975 Resolution No. 1012 (Exhibit 145) and the following action was taken (Exhibit 144): 5715 'Penzel moved to adopt Resolution No. 1012 as amended, Meyers seconded. nye,Meyers, Pauly. Penzel and Mayor Osterholt voted 'aye', motion carried unanimously." 18. Resolution 1012 (Exhibit 145) is as follows: "WHEREAS, the.City of Eden Prairie did on or about July 15. 1970 approve a planned unit development granting concept approval as presented by Edina Builders, Inc., as shown by Exhibit A attached hereto: and WHEREAS, Gerald B. Pautz, successor to Edina Builders, Intl., has presented to the City of Eden Prairie a request for development approval of said P.U.D. and rezonind on the aforementioned site which proposal originally consisted of 206 multi-family townhouse residential apartments, as shown by Exhibit B attached hereto: and WHEREAS, the present zoning of the property involved herein is rural and the proposed zoning tinder the P.n.D. proposal is for multiple housing in the 11.11. 6.5 zone; and WHEREAS, all the North, South and East properties are presently zoned rural and are used as single family residences, agri- culture and open space, and the Westerly property is zoned R 1-22 and developed as single family homes as shown on the comprehensive guide plan and marked Exhibit C and the zoning map of the City of Eden Prairie marked as Exhibit D; and WHEREAS, the Zoning and Planning Commission of the City of Eden Prairie considered this matter on April 14, 1975; and WHEREAS, the plannina staff has submitted an extensive report on said premises including the impact of transportation and environment under the date of April 7, 1975;and WHEREAS, the Planning Commission and Park and Recreation Commissions have considered the proposal numerous times all of which are a matter of public record: and made adverse recommendations to said proposal: and WHEREAS, the City did on May 6th and June 3rd, 1975, hold public hearings on the Edengate Townhouse application, NOW, THEREFORE, based on the actions of the various Boards and the Staff Report, and a presentation made by the appli- cant, the City Council does deny the development stage application for P.U.D. 70-2 known as the Edenqate Townhouses for the following reasons: 1. The plan does not conform to the concept approval granted to P.U.D. 70-2 by Resolution 356A of the City of Eden Prairie. 2. The developer has not agreed to phase the construction of the units in accordance with the recommendations of the City Engineer so that the growth and traffic can be accomedated. 3. The multiple family use is inconaistant with the planned use of the existing developed prnpertivs and the pro- posed use of the adjoining properties. 4. The proposal to develop the property as r•ntal property is not consistent with the original plan wherein the units were to be sold to individuals. 5. The plan has neither the recommendation of the City Planning Commission nor the City Park and Recreation Commission. 6. The developer has not adequately responded to a traffic study and subsequent concern for the great increase of traffic on Duck Lake Trail, nor has the developer substantiated the traffic figures to the satisfactior of the City that the traffic on Duck Lake Trail would triple. 7. The plan does not conform to the Comprehen:ive Guide Plan. ADOPTED by the City Council on 8th day of July, 1911." 11. On March 19. 1976 the plaintiffs filed a nacond tor t EGO Jaeelnpment on the i541. :n •••••11 ,t.r ..s1 ,mrlatml 123 ll:art7w55..4 *I • c•ultatned tho languige: This application is made as an alternative ontv to applicants previous application to develop the ,ite with 206 townhouses. This application does not replace or constitute withdrawal of said previous application, which application shall remain in full force and effect." Filed with the application was a document assembly containing a landscape plan, a grading plan, a utility plan, an apartment floor plan and apartment exterior elevation view and a document showing grade relationships (Exhibit 155); and also filed was Exhibit 156, which is a drawing showing the location of the respective units on the Site. The second PUD development application was considered at a Plannino Commission meeting on April 26, 1976, but no action was taken except to continue the consideration of the applicatio n 5116-- to the next meeting of the Planning Commission scheduled for May 10, 1976 (Exhibit 159). The second Application WAS before the Parks, Recreation and Natural Resources Commission on April 19, 1976 and the matter was referred to "staff for their recom- mendations and bring back to us" (Exhibit 458). 20. The Eden Prairie City Council met on May 4, 1976 and by motion unanimously passed determined: 1. To reject and return to plaintiffs their February 11, 1975 application without prejudice to resubmit the appli- cation when the name Eden Prairie Townhouse company had been filed inthe office of the Clerk of District Court in accordance with Minnesota Statutes Sec. 133.01; and 2. To stay all proceedings on the March 19, 1976 applica- tion of the plaintiffs until such time as the February ll. 1975 application had been resubmitted, because the March 19, 1976 ipplication had been proposed as an Alternative to the February II, 1975 application. 71. ;Inee ..!;.• Action of nay I, re :r' ....r ,e:ion hal been ,0:.et r-r1 tx..711 1). 1374 App!13-:on. 22. That the action of the City Council Ai el •rairio on June 3, 1975 and July 8, 1975 in denying the Application for PUD development approval.on the application of February 11, 1975 was based upon the reasons set forth in such denial, which reasons are valid reasons and such action was not arbitrary, capricious or unreasonable. 23. That the action of the City Council of May 4, 1976 staying all proceedings on the March 19, 1976 application until such time as the February 11, 1975 application had been resub- mitted was arbitrary and unreasonable. however, the action of staving all proceedings on the March 19, 1976 application would be reasonable action in view of the fact that this prasent action was pending, and until it was determined, neither the plaintiffs nor defendants could logically adopt a course of action. • 5116 24. That no reasons have been given to this Coiirt for any longer stay of the Eden Prairie action on the Mlreh 19, 1.176 application. CONCLUSIONS OF LAW 1. That the defendants are entitled to the judgment of this Court dismissing plaintiffs' action against said defendants based upon defendants' denial of approval of plaintiffs' PUD application made under date of February 11, 1975 which denials were made by Council action on June 3, 1975 and July B, 1975. 2. That the plaintiffs are entitled to the jndgment of this Court requiring that defendants forthwith begin the processes required for consideration of plaintiffs' March 19, 1976 PUD application. Let Judgment he entered accordingly. BY THE COURT: _ Dated: May 42. 1976. Douglas Nt mdahi, Judge of District Court. Entry of judgment is stayed until further order of the Court. • 671 MEMORANDUM The primary question before thin Court ip whether or net the action of the City Council of Eden Prairie denying the plaintiffs' request for approval of the development phase of a planned unit development was arbitrary, capricious or unreason- able. The action is not arbitrary, capricious or unreasonable if based upon grou4 or reasons which are legally sufficient and where those grounds or reasons are made known at the time of the Action. furthermore, "If the decision-making body do..s state reasons, review will be limited to the legal sufficiency and factual basis for those raasons. When reasons are niven, the party seeking review must bear the burden of persuading the r,Iviewing court that those reasons are ivoally insuff:etent." 9:nn.•.;t4 3.4.t:71) ;q2 (1;7 ,0. In th•. instalt 1-he r,aq ,:ns rot •!.n n!al t,4td by the acting body and in the opinion of this "our) those cealons are valid and sufficient. We must remember that we are not writing on a clean slate. A concept proposal had been approved by the City Council in 1970. That concept proposal amended the zoning of the PUD area from rural to multiple family. Dee Chandler v. Kroiss, 291 Minn. 196, 190 N.W.(2d) 472 (1971) where the court states: "Thus, approval of a planned unit development amends the comprehensive plan to the extent that the comprehensive plan is not otherwise in conformity with it. To the extent that the result of the proceeding for approval of a planned unit development thus alters the established, allowed land usages of the village, it has the same effect as woul4 a succession of variances or rezonings." • In exchange for the, in effect, rezoning Eden Prairie had the right to require that any development plan would pubntantially conform to the concept. In the instant case the concopt called for approximately 501 owner-occupied units. The development plan is for all rental units. In addition, the concept indicated development over a three-year period, while the development plan indicated construction as quickly as possible and Mr. Pautz .informed Eden Prairie that he did not wish to phase the eonstruct- ion over a period of years. Another matter of importance is the matter of traffic and safety considerations on the roadways within the area, particularly Duck Lake Trail. First expressed concern there arose at the Eden Prairie Planning Commission meeting of Tuesday June 2.1970 (Exhibit 111) where it is stated: "A number of nearby residents were in attondanco and directed a number of questions to Mr. Ripple, Mr. Hite and the Commission with regard to the project. The questions related primarily to the impi. of the traffic generated by the proposed development on existing roadways within the area." On July 7, 1970 the Planning and Zoning Commission minutes reflect (also Exhibit 112): "Mr. Emerson moved that the Commission recommend to the Council that the Planned Unit Development Concept proposal as submitted by Edina Building. Inc. be approved. Mrs. Meyers asked that the motion be amended to include • further recommendation that the development of the project be restricted until such time as the Council has determined that the thoroughfare system within the area, particularity Duck Lake Trail were capable of handling the traffic generated by the project. Mr. Emerson said he would accept the amendment. Mr. Nesbitt seconded, the motion as amended. All voted aye. Motion carried." The traffic and traffic safety problems were never really resolved. The minutes of the Edengate Townhouse neighborhood meeting of February 20, 1975 (Exhibit 1261; the minutes of the M-2 • lq the Planning Commission of February 24, 1975 (Exhibit 127); the minutes of the Planning Commission of March 10, (975 (Cxhibit 128) which contains a statement from residents surroundingth proposed Edenqatc development; the planner's report. of April 7, 1975 (Exhibit 117); minutes of the Planning Commission of April 14, 1975 (Exhibit 132); the Planning Commission minutes of April 28, 1975 (Exhibit 134); the Engineering Staff Report which is undated which followed the May 5, 1975 Planning Commission meeting (Exhibit 136); the Planning Commission minutes of May 12, 1975 (Exhibit 139); and the Planning Commission minutes of May 22, 1965 are a part of the documents concerning traffic and traffic safety which make up the record herein. The Court does not feel it should go on and discuss each of the reasons given by the Council for denying the request for approval, but thinks it important to note that the Park nnd Recreation and Natural Resources Commission voted a -gainst the proposal and the Planning Commission neither recommended nor disapproved the development plan, as the vote there was 2 to 2 on a motion to recommend. In short, the Council expressed its reasons for the denial. The reaons appear legally sufficient and the action was there- fore not aribtrary, capricious or unreasonable. Amdahl, J. M -3 5'M 11/1/77 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77-134 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENGATE BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of EDENGATE , dated 8/18/77 , a copy of which is attached hereto and amended as follows: is found to he in conformance with the provisions of the Eden Prairie Zoning and platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk cu.of+ City of Eden Prairie Public Works Department .Engineering Division CHECKLIST FOR REVIEWING PROPOSED LAND DLVELOPMENTS Dateizga:Lz.4 u.a242i.7442,joj) 77-2-24, P-25 4.1. DEVELOPMENT NAME EDENGATE LOCAT ION North of Duck Lake Trail, east of Lochanburn Addition in the south 1/2 of Section 6 2. DEVELOPER Gerald B. Pautz and Pautz-Franklin Realty Co. 3. ENGINEER/ARCHITECT/PLANNER Consulting EngineersDiveisifiea & Barton-Aschman Associates, Inc. 4. DOCUMENTS SUBMITTED FOR REVIEW Preliminary Plat dated 8/18/77 and Development Application dated 7/29/77 5. PROCESSING SCHEDULE: X Application received Watershed .9/12/77 Planning Commission Human Rights X Park & Recreation X City Council 6. PROPOSAL 6.1 PUD Approval 6.2 171 Preliminary Plat El Rezoning 6.3 Present Zoning Rural 6.4 Proposed Zoning PM 6.5 (townhouses 6.5 Previous PUD 41 70-2 6.6 Previous Rezoning Agreement 0 None 6 00 .1crifili" -2- 6.7 Single Family detached lots: less than 13,500 sq. ft. Density 13,500 sq. ft. or more Density 22,000 sq. ft. or more Density Total SFD lots Multiple Dwelling Units: 198 RN 6.5 Acres RN 2.5 Acres 198 Total Mult. Units (118± total acres = 1.67 u/ec.) 6.8 X _owner occupied Rentals 6.9 Homeowners Association proposed Yes . 6.10 Other uses proposed NOri e 6.11 Requesting City to provide . streets and utilities No 6.12 Consistent with City's Comprehensive Land Use map Yes, if PUD 70 -2 is considered amendment to Guide Plan 7. PROPOSED OPEN SPACE, TRAILS AND PARK DEDICATION 7.1 Parcels to be undeveloped as open space Approximately 73 acres located east of proposed Dell Road. Private ownership or dedication to City to be resolved. Developer also proposes 400' buffer area measured from rear lot lines of Lochanbuarn Addition. 7.2 Trails (Location, surface type, ownership) None proposed. Park s Rec. Commission to review and recommentd to City Council. Oa° 0 5/09- Density 4.4 Density -3- 7.3 School/Park sites None 7.4 Park dedication fee To be determined pending review by Park & Rec. Commission and City Council 8. PROPOSED STREET SYSTEM • 8.1 Check City's Comprehensive Street Plan (Lir . 8.2 Access to adjoining properties No aecoss from TrIchanhorp Addition. Dell Road will provide access to property north of plat. 8.3 Street R/W and pavements widths nolt mnaA niw inn , Developer responsible to dedicate R/W plus $63,050 cash towards construction of Dell Rd. City to construct Dell Road as its pri- 67kifIes dictate. $63,050 assumes dedication of 73± acres on east side of Dell Road. 8.4 Private streets Minimum roadway 24' with concrete curb and gutter-. Parking en one side available with 28' streets 8.5 Street grades, sight distances at vertical curves, concrete curb and gutter Refer to Barton-Aschman report dated 4/29/77. Con- crete curb and gutter required. Sight distance at Duck Lake Trail O.K. 8.6 Street names 8.7 Parking (Ord. 1141) Minimum 395 parking spaces must be provided. Recommend additional spaces per 9/2/77 Planning Staff Report. 8.0 Traffic volume impact on existing streets Refer to report by Barten-Ashcman dated 4/29/77. Phasing of project to 36-60 units per year will help reduce impact on Duck Lake Trail, Dell Rd., 6t Valley View Rd. connection to Co. Rd. 4 should be completed in Frontages on collector streets None 8.10 Other comments 9. GRADING AND UTILITIES 9.1 Range of cut and fill Ma*imum cut 10', maximum fill 15' 9.2 Significant land features to be preserved Marsh area along Purgatory Creek 9.3 Drainage ponds As recommended by Watershed District. 9.4 Flood plain encroachment Yes at creek crossing. Flood plain elevation -833 North, 888 south 9.5 Development plan showing proposed grading, storm sewer, sanitary sewer, watermain, minimum floor elevations, pond levels and representative soil borings. Preliminary plans submitted do not show storm sewer system. Approval of drainage plans by City staff and Watershed Dist. required before 2nd reading of Rczon. 0 9.6 Skimming and grit control for commercial parking lots N/A 5-6620C' -6301 — 5 — • 9.7 Sewer and water service to adjoining properties O.K. No proposed service to adjoining properties. Watermain system will be looped at Duck Lake Trail and at Harrogate Drive. 9.8 Sewage lift stations required No 9.9 Landscaping, buffering and lighting plans Developer must submit plans therefore to City staff for approval before 2nd reading of rezoning Ord. 9.10 Natural gas, underground telephone & electric Underground required. 9.11 Other comments 10. VARIANCES REQUESTED NO variances have been requested 11. OTHER AGENCY REVIEW AND APPROVAL REQUIRED BEFORE FINAL CITY APPROVAL X Watershed District DNR Minn. DOT Metro Council Minn. EQC Henn. Co. Adjoining community 05'› -6 - 12. SPECIAL ASSESSMENTS LEVIED AND PENDING Deferred .ti-ank of $167,769.00 was levied in 1977.. Floodplain area (42.47) has been deleted from assessment limits for trunks. Existing lateral assessments = $6293.00 13. OTHER REWIRE= ;171 4. )( Environmental Worksheet X Rezoning Agreement Developers Agreement (PUD only on Final Plat) 40mita 1000 1May. 4/771 407 '0 we.740 DEPARTMENT Mn/DOT . Environment Section Room 820 STATE OF MINNESOTA Office Memorandum Jonette Kreideweis Liasion Unit Office of Environmental Affairs FROM : PHONE: 296.5983 TO : Charles Kenny Environmental Quality Board DATE: October 203, 1977 SUBJECT: Edengate Revised Plat The Minnesota Department of Transportation,(Mn/DOT) has reviewed the revised plat for the proposed Edengate development. We feel that the comments made by cur Department in May 1975, in response to the original assessment are still valid. In addition to those comments we have additional concerns with the development expansion as depicted by Parcel B on the preliminary plat. The addition of Parcel B infringes on the previously proposed Eden Parkway. If this is an accurate description of the location the question of whether Eden Parkway will become a reality arises. Eden Parkway was originally proposed to assist Trunk Highway 101 in meeting the access needs of this rapidly growing area. If Eden Parkway is not constructed the traffic burden on trunk highway 101 will be increased. This increase in traffic would bring about. the need for transportation improvements. At the present time, trunk highway 101 has a very limited right of way in which to make these potential future improvements. This limited right of way situation leads to other problems. Trunk highway 101 is generally the boundary between Chanhassen and Eden , Prairie in the Edengate area. The City of Chanhassen has generally been quite cooperative in requesting developments to allow appropriate setbacks to facilitate trunk highway 101 improvements and to lessen other impacts such as noise. Eden Prairie, on the other hand has said that Eden Parkway will relieve the Trunk Highway traffic burden, and therefore setbacks for trunk highway 101 improvements are not necessary. With the newly proposed Parcel B addition to Edengate deminishing the reality of the Eden Parkway concept, Mn/DOT will be left to solve trunk highway 101 problems generated not only by Edengate but by other recent Eden Prairie developments. The sound planning of residential developments also implies respon- sibility for assuring the provision of adequate facilities to service these developments. This responsibility rests in the hands of the municipalities who have the authority to control the use of the land. 9-2CE Page 2 Charles Kenow October 20, 1977 Our department strongly feels that the revised Edengate plat rep. resents significant changes from the original proposal, and creates the potential for impacts not previously considered. In terms of transportation these effects include increased traffic congestion, safety and noise effects and the possible secondary environmental, social and economic effects if the action necessitates the eventual upgrading of trunk highway 101. We would like to give the City of Eden Prairie and the developer of Edengate an opportunity to respond to our concerns. If major issues still remain unresolved Mn/DOT would recommend that the EQB request that an Environmental assessment worksheet be done on the revised Edengate plat. cc: G. R. Burg Jr. - Consulting Engineers Diversified Richard Putnam City Planner, Eden Prairie Technical Representatives 15120 whp/jh 10/24/77 Dutch Elm CITY OF EDEN PRAIRIE ORDINANCE NO. 77-36 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF TREE DISEASES. The City Council of Eden Prairie ordains as follows: Section 1. Declaration of Policy The City Council of the City of Eden Prairie has determined that the health of the trees within the municipal limits is threatened by tree disea s e s . It is further determined that the loss of trees growing upon public and private property would substantially depreciate the value of property withi n the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to attempt to control and attempt to prevent the spread of these diseases and this ordinance is enacted for that purpose. Section 2. Public Nuisances Declared. The following are public nuisances -.7henever they may be found wiLhin the City of Eden Prairie: a. Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis ulmi (Ruisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh) or Hylurgooinus rufipes, (Marsh). b. Any dead Elm tree or part thereof including logs, branches, stumps, firewood or other Elm material, the bark of which has not been removed. c. Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt disease fungus Ceratocystis fagacearum. It is unlawful for any person to permit any public nuisance as defined in this section to remain on any premises awned or controlled by him within the City of Eden Prairie. Such nuisances shall be abated in the manner prescribed by this ordinance. Section 3. Forester. The position of Forester is hereby created within the City of Eden Prairie. The Forester shall be certified by the Commissioner of Agricultu r e of the State of Minnesota. 63AI It is the duty of Forester to coordinate, under the, direction and control of the City Manager, all activities of the municipality relating to the control and prevention of Dutch Elm and Oak Wilt diseases. The City Manager shall recommend to the Council the details of any program for the control and pre- vention of said diseases and enforce, or cause to be enforced, the duties incident to such a program adopted by the Council. Section 4. Inspection, Investigation and Testing. The Forester shall cause all premises and places.within the City to be inspected as often as practicable to determine whether any condition described in Section 2 of this ordinance exists thereon, and to have investigated and tested all reported incidents of such public nuisances. Section 5. Abatement of Tree Disease Nuisances. In abating the nuisances defined in Section 2, the infected tree or wood shall be removed and burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of the disease. Such abatement procedures shall be carried out in accordance with current technical and expert methods and plans as may be designated by the Commissioner of Agriculture of the State of Minnesota, and with the approval of appropriate City officials. Section 6. Procedure for Removal of Infected Trees and Wood. Whenever the Forester finds with reasonable certainty that any of the infestations defined in Section 2 exist in any tree or wood in any public or private place, he shall proceed as follows: a. If the Forester finds that the danger of infestation of other elm or oak trees is not imminent because of elm or oak dormancy, he shall make a written report of his findings to the Council which shall proceed by: 1. Abating the nuisance as a public im- provement under Minnesota Statutes Ch. 429, consistent with the methods and plans referred to in Section 5, or 2. Ordering the nuisance abated by resolution. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners (as determined by the tax roll of the County of Hennepin) and published once no less -2- than one week prior to such meeting. The notice shall state the time and place of the meeting, the property affected, action proposed, the estima- ted cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor, by contract, or, in the case of private property, by the private property owner if he so chooses. b. If the Forester finds that danger of infestation of other elm or oak trees is imminent, he shall serve notice upon the affected property owner in the manner presented by Section 6(c) that the nuisance shall be abated by the City, or by the property owner in the case of private property, within a specified time, not less than twenty (20) days from the date of the mailing of such notice. The Forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice, he may abate the nuisance in conformity with Section 5. c. The notice required in Section 6(h) shall be served in one of the following methods: (1) By personal delivery of the notice to the affected property owner as determined by the tax roll of the County of Hennepin; (2) By leaving the notice with a person of suitable age and discretion upon the premises; (3) If no such person can be found, by affixing a copy of the notice to the front door of the premises; (4) If no person resides upon the property, by registered mail to the last known address of the owner of the property as determined by the tax roll of the County of Hennepin; (5) By publishing in the official paper once a week, for two successive weeks. -3- 923 Section 7. Assessments. The Forester shall keep a record of the costs of abatements done under this ordinance and shall report monthly to the City Clerk (or other appropriate officer) all work done for which assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amounts chargeable to each. The Clerk each year shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. In the case of abatements made on private property which are not provided for by the private property owner, the cost of such abatement shall be assessed against the lot or parcel of land on which the public nuisance was located, the Clerk shall certify the cost, the county Auditor shall extend the same on the tax roll of the County of Hennepin against the lot or parcel of land, and it shall be collected and paid to the City as other taxes are collected and paid. All assessments made for the removal of the public nuisances defined in Section 2 may, at the option of the property owner, be payable with interest in installments, not to exceed five years from the date of the assessment. The Council may, by appropriate resolution, provide for monetary or other assistance to be paid from public monies in the abatement of said public nuisances defined in Section 2 and the disposition of the trees or parts thereof which are felled, trimmed or otherwise cut away, such aid to apply to said public nuisances whether on private or public property. Section 8. Spraying and Pruning Trees. Whenever it is determined that any tree or wood within the City is infested by any disease or insects as described in Section 2, the Forester may order the owners (as determined by the tax roll of the County of Hennepin) of all nearby high value trees to prune and to spray the same with an effective preventive concentrate in a manner approved by the City Manager. Upon failure to comply with such an order, the City may proceed forthwith to take appropriate action. Spraying activities authorized by this section shall be conducted in accordance with technical and expert methods and plans of the Commissioner of Agriculture, with the approval of appropriate City officials, and under the supervision of the commissioner and his agents whenever possible. Notice shall be given as provided in Section 6(c). Section 9. Transporting Certain Types of Wood Prohibited. It is unlawful for any person to transport within the City any bark-bearing elm wood or wood infested by disease or insects without having obtained a permit from the City Manager, who shall grant such permits when the purposes of this ordinance will be satisfied. -4- Section 10. Reporting Discovery of Tree Disease. Any owner or occupier of land or Any person engaged in tree trimming or removal who becomes aware of the existence of a tree disease as defined in Section 2 shall report the same to the City. Section 11. Interference Prohibited. City Personnel may enter upon private premises at any reasonable time to carry out the purposes of this ordinance. It is unlawful for any person to prevent, delay or interfere with City personnel while they are engaged in the performance of duties imposed by this ordinance. Section 12. Validity. The City Council of the City of Eden Prairie hereby declares that should any section, paragraph, sentence or word of this Ordinancebedeclared for any reason to be invalid, it is the intent of the City Council of the City of Eden Prairie that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 13. Penalty. Any person who violates this ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $500.00 or by imprisonment for not to exceed 90 days, or both. Section 14. Effective Date. This ordinance shall take effect fifteen (15) days after its publication. Section 15. Previous Ordinance Repealed. This ordinance repeals Ordinance No. 186. FIRST READ at a regular meeting of the 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 Council of said City on the day of , 1977. Wolfgang Pentel, Mayor ATTEST: John Frane, City Clerk -5- , /216(:).4.1:7" TO: Roger K. Ulstad, City Manager FROM: Jean Johnson, Planning Secretary DATE: October 20, 1977 SUBJECT: ZONING DEADLINE, ORDINANCE M 341 Ordinance #341, adopted by the City Council on September 14, 1976, rezoned large acreagesof property along the Chicago/Northwestern Railroad in Southwestern Eden Prairie from I-General to Planned Study. Said Ordinance lapsed September 14, 1977. Inquiries regarding the extreme northern edge of the Planned Study area have been received, but no applications todate. JJ:jj CITY OF EDEN PRAIRIE FIRE BOND FUND ESTIMATED REVENUES AND EXPENSITURES Total bond amount $998,000 Cost incurred to date (equipment) $351,984 Estimated cost of (2) stations and addition 475,000 Additional equipment 35,000 Architectural fees 30,000 Survey and misc. MOO Provision for land acquisition 40,000 $936,984 $936,984 Reserve for atlernates 61,016 EDEN PRAIRIE FIRE STATIONS 2 BAY STATION 122,862 3 BAY STATION 147,834 ADDITIONS 204,185 * 474,851 ALTERNATES: 1. ADD BRICK TO 2 BAY STATION ADD BRICK TO 3 BAY STATION 2. ADD SPRINKLER SYSTEM TO ADDITIONS ADD SPRINKLER SYSTEM TO EXISTING BUILDING ADD SPRINKLER SYSTEM TO 2 BAY STATION ADD SPRINKLER SYSTEM TO 3 BAY STATION 3. ADD MOVABLE PARTITION TO ADDITION 4. ADD CARPETING TO ADDITION 5. ADD TACK BOARDS TO ADDITION 6. ADD BLACK BOARD TO ADDITION *Estimated cost proposal. TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Member of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer October 27, 1977 MTS Company Sign Request The sign request from MTS Systems Corp. was considered by the Zoning Board of Appeals and Adjustments on October 20, 1977. The Board action was to approve a sign variance for Sign B and a determination that no other var- iance was necessary for Sign A. The Board further determined that, as advised by Harlan Perbix, only City Council could grant permission to place private signs on City property. Therefore, this request has been forwarded to the City Council. Recommend approval of the MTS Company sign request per the sign location plan dated September 28, 1977, subject to written agreement by MTS Co. to indemnify the City from any damages or liability therefrom and Subject to the right of the City to terminate the said sign permit with six months prior notice if said signs are properly maintained by MTS Co. CJJ:kh Attachments mit= MTS aim MTS 8Y13TENII3 CORPORATION BOX 2401e, MINNEAPOLIS, MINNESOTA 55424 TELEPHONE 812-944-4000 TELEX 29-0521 CABLE NITSSYSTEMB • 27 October 1977 City of Eden Prairie City Hall Eden Prairie, Minnesota 55343 Attention: Mayor Penzel and Members of the City Council Gentlemen: UTS Systems Corporation requests your approval of the arrangements necessary to locate identifying signs as shown on the site plan furnished you. These arrangements are necessitated by the location of land owned by MPS which does not front on Mitchell Road. The required arrangements were approved by the Board of Appeals and Adjustments on 20 October 1977. J1 1. DEA11 .:1,7ral laNUTES IMDI PRAIRIE 7/31:111G BOARD OF APPEALS AND' ADJUSTMRTS Thursday, October 20, 1977 7130 PM, CITY BALL IMO3E1S PRrSENTs Chairman James Wedlund, James Cardinal, Ronald Krueger, Richard Lynch and Roger Sandvick STAFF PRESENT: Carl Jullie, P.E., Director of Public Works and Donna Stanley, Recording Secretary Minutes of Sentember 15. 1977 rerular neetinq MOTION: Lynch moved, seconded by Sandvic k t o a c c e P t t h e m i n u t e s o f t h e September 15, 1977 meeting as published. 2. Variance reouest #77,9 from )TS Systems, I n c . . r e p a r d i n e i d e n t i f i c a t i o n sirs for Lrorertv at 8055 Mitchell Road. - Mr. John Torseth, Armstrong, Torseth, Skold , & R y d e e n A r c h i t e c t s , A I A , a n d associate, spoke to the background of the r e q u e s t a n d t h e n e e d f o r i d e n t i - fication signs because the building sits be c k o f f M i t c h e l l R o a d . B e e x p l a i n , ed that one sign wuld be nade out of preca s t p a n e l s , W h i l e t h e a d d r e s s s i g n would be of lighter material, and that easem e n t s w o u l d b e n e e d e d f r o m t h e C i t y . City Engineer Jullie spoke to the City purc h a s e o f a c r e a g e f r o n l I T S , w i t h terms stipulating that ITS permit access th r o u g h t h e l a n d , a n d t o t h e r o a d constructed by •TS and their right of acce s s . B e r e f e r r e d t o O r d i n a n c e 2 6 1 , and read Minutes of the January, 1975 mee t i n g r e l a t i v e t o t h e q u e s t i o n . Lynch commented that Ordinance 261 has bee n a c k n o w l e d g e d b y m a n y p e o p l e t o b e inadequate, particularly for people with th e s e k i n d s o f p r o b l e m s . Sandvick inouired whether there vas oppos i t o n t o t h e s i z e o f t h e s i g n s , a n d if so, would they consider s. smaller signs. T o r s e t h r e s p o n d e d t h e r e w a s n o opposition, and tht sign B was.so far down the road, it would be difficult t o see if it were smaller. Vedlund arrived at 8:10 PM. Jullie spoke to Staff meeting comments: Ord i n a n c e d i d n o t t a k e i n t o a c c o u n t a forty acre development and was addressed to two acre s i t e s ; s e t b a o k s f r o m the street are larger than Ordinance requ i r e d ; s i z e o f l e t t e r s ; a n d t h e f e e l i n g was that the signs would not be offensive in a p p e a r a n c e . Wedlund asked whether address sign would n e e d a v a r i a n c e . J u l l i e r e s p o n d e d that they did not feel that it would need a v a r i a n c e . Vedlund commented that he did not conside r t h e a d d r e s s s i g n a s a sign. Zadng Bd. of App. & Ad;ust. - 2 - Thursday, Oct. 20, 1977 MUTIONt Nedlund moved to grant the variance on Sign B as requested, sub- ject to 1,7S receiving. easexent from.the City, with the following findings: Sign A not considered as a sign, but would enhance the property by lacprov- ing the esthetic value of the area; granting a variance will not be detri- mental.to the public health, safety or welfare, or materially injurious to the public or private properties cr improvements in the vicinity; and road changes were not anticipated when building was originally built. Erueger seconded, notion carried unanimously. 3. Variense_reepest_i22 7 10 from James Cardinal for front_nrsLegthack Tig-varionee) ancis ide ward setback (1 1 variance) for a garage additioq at 15701 W 62nd St. Er. Cardinal spoke to his request, explaining that :Lost of the houses on the block are one story, with tuck under garages., and that the garage be is con- sidering will be a double garage with a hipp roof so vision of neighbors will not be affected. Be further explained that the houses are set back substantially from west 62nd street curb, and that the lots are very spacious. Be spoke to the letters of approval received from his neighbors submitted along with his reawest. WTION: truegar novrA, seconded by Sandvick, to approve the variance as reauested for the following reasons: The garage will fit in well; granting the variance will not be detrimental to the public health, safety or welfare, or materially injurious to the public or private properties or improvements in the vicinity; noting approval of neighbors to the request; the variance is not unlike a number of previous variances in that it is not precedent setting; enhancement of the property by having cars out of site; and variance will break the straight line of the neighborhood, also enhancing of property. Notion carried unanimously. L. New Business Jullie spoke to the letter of October 17, 1977 received from Mr. Lance Korderhus of Eagle Enterprises, Inc., regarding identification sign reauested by Er. Roy Terwilliger, president, Suburban National Bank, for their branch office at the Prairie Village Nall. Be spoke further to the Minutes of the meeting of Narch 18, 1976, which indicated that the Board approved the parking facility but did not include signage, as previously indicated in the Minutes of April 17, 1975 Board meeting. Be added that he feels that it meets with Ordinance 261, and that no variance is needed. r. Lance Norderhus, of Eagle Enterprises, Inc. spoke to working in conjunc- tion with the guidelines of Ordinance 261. 5. Ad3ournment Cardinal roved, seconded by Krueger, to adjourn at 9:50 PM.. November 1, 1977 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 77=144 A RESOLUTION APPROVING FINAL PLAT OF MEADOWOOD 1st ADDITION WHEREAS, the plat of Meadowood 1st Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY or EDEN PRAIRIE: A. Plat Approval Request for Meadowood 1st Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated October 26, 1977. B. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliahce with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John 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: October 26, 1977 SUBJECT: Meadowood 1st Addition PROPOSAL: The Developer, Dirlam Properties; is requesting City Council approval of the final plat of "Meadowood 1st Addition." This is a 19 lot plat designed for double unit buildings (RM 6.5) located south of Valley View Road and east of Westgate Addition. This project has been previously described as "Valewoods" Addition. Hennepin County has required a change in the plat name because of a conflict with a plat of the same name in an adjoining community. HISTORY: The preliminary plat was approved on August 16, 1977, per Council Resolution #77-108. Zoning to RN 6.5 was finally read and approved on October 18, 1977, per Ordinance #77-30. The Final plat now submitted for approval conforms to the approved preliminary plat. VARIANCES: The developer is requesting standard setback variances as follows: 5' garage to side lot line 10' 1 and 1 12 story house to side lot line 15' 2 story house to side lot line 20' side yard setback for houses built on corner lots, but not conflicting with 30' setbacks on adjacent lots UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, and walkways will be installed by the developer in accordance with Eden Prairie specifica- tions. PARK DEDICATION: A cash contribution in lieu of land dedication will be required of this plat per requirements of Ordinance #332. The fee shall be $200 per unit, due at the time of building permit issuance. 5 I 30 - 2 - Outlots A and 8 will remain as open space. The developer is offering ownership of these outlots to the City if the City so desires. Other- wise, they well remain under ownership by the developer per the rezoning agreement. BONDING: A performance bond or letter of credit shall be posted in an amount approved by the City Engineer to cover the cost of sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing and walkways. RECOMMENDATION: Recommend approval of the final plat of "Meadowood 1st addition" subject to the requirements of this report and the following: 1. Execution of the "Developers Agreement." 2. Satisfaction of bonding requirements 3. Receipt of fee for Engineering'services in the amount of $570. 4. Receipt of petition for street lighting. CJJ:kh Attachment 6731 TO; THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Ulstad, City Manager Carl Jullie, City Engineer October 28, 1977 Plat 56717, Parcel 2435 Plat 56706, Parcel 4016 The attached applications have been received for deferment of special assess- ments for senior citizens. The form, as prescribed by Hennepin County, re- quires specific authorization by the City Council. Both applicants were given copies of Resoldtion .No. 1210 which specifies the limitations that the property be valued not more than $75,000 and that the houshold income not exceed $9,000. The applicants have stated that they meet these qualifications and we have verified the City's tax records regarding the $75,000 limit. Perhaps the applicants should file a written statement regarding their household income status for out records if the Council deems that appropriate. CJJ:kh Attachments 5H2-, Signatute of Nolan/ Notary Public, My cOintiliftinn expires LonNA HOMIA,4". .NOTARY I certify the above to be nue and cot re,.• HENNEPINELVONTT^.413 Gahm.. It Apo...0 19* IC 727 liet APPLICATION AND AUTHORIZATION FOR TAX DEFERRAL SIMPal Assessments for Senior Cttieens" Homestead Lem 1976.ChaPtef 195 IMMO Mimesats County of Hennepin APPLICANT: Swim 4 notarised coops of ihn worremion so vow mumementy Dl wen. denim 17/I Oct. 25, 171 PAM, on TYPE NAME 14(111 Norman P. Clark I, the vonnuenes, ewer. Teo I *et 18061 Duck Lake_Trall Tex I on of the ometeMY OTstnnnt NO r:::3 Azimut C=Terrens Two we nor kw *men wee el see egul Wet 114 am. 0tw tone te kis.-04-1.902 I rtay.6006 I t an:L 1=3 AedironerShees Attache., That my interest in the ownership of the above property was acquired on 7/52 19 and is as follows: ED SOLE OWNERSHIP ED OTHER UNDIVIDED INTEREST —Specify CE)JOINT TENANCY — HELD WITH That on Jermary 2, I On_or June I, I owned and occupied the /Move property as my homestead and that such occupancy beg.. July That the assessment charges duly adopted by ordinance whitdn have been allocated aga i n s t t h e s u b j e c t p r o p e r t y w o u l d c r e a m u n d u e p e r s o n a l h • lihip on env behalf and I respectfully request That payment be delayed and that such 14 . 0 1 1 0 1 d e f e r r e d . APPLICANT: Complete unshaded areas — For assistance contact your municipal clerk. Llivy No. Daniel rim Aroma Pm.. Total Ann. ol Lew Mown.. Ann. of Levy lowest Stem of lave Amoont Defamed AL 5626 5/73 2777.00 2082.75 6.6 7032 ___St___78 45863. 26 45863.26 __§....€ Notorial Stamp or Sear STATE OF MINNESOTA • County of i The foregoing instrument was acknowledged before nu this day AUTHORIZATION 1 Cferk of the of in Hennepin County,Stn Minnesota, do hereby certify that this application has been duly reviewed and that in at r e o r d a n c e w i t h t h e m i n u t e s o f o f f k c a l r e c o r d i n s a i d a t heft sem dulY M APPROVED 0 DENIED as of - 19 Rah That in accotdance voith approval panted, that the taxes on the aft lents subject mope r t y l e v i e d f o r c o l l e c t i o n a s d e s c r i b e d M a r k t b e n t d red in the TOTAL AMOUNT OF S and comPaunded al the additional rnterest rate of—% until such time as d is deemed t h e i n own no topper nualdies or the limpet ty loses its eligibility. Clerk ot Date Of APPrmal Authorised Deputy 0110E11 OF Mt f: 'MAL REGISTER OF DEEDS I certify that I hive reviewed thn applicatron put that it has been duly approved and that assessment charges levied for word assessments trodet dm subject suck stance have been officially &tetrad as stipulated by the above subtiomston and re- corded in the Register of Demi. MI. 41 this county PT noted. and it 41 10 ordered. DAM Of ORDEN ODuNiaAuwaop ORDER OF If RMINAIION The above order terminated Ibis day of REASON: 33 RC rat APPLICATION AND AUTHORIZATION FOR TAX DEFERRAL 104111 Special Assessmords for Senkol C101/0110 Homewood Laws 1976. Chapter 195 Slam of Minnwou County of Hennepin , APILIC.ANT. Submit 4 001•0200 <Op. of this aponotion to vow monernextv or 0000000001. IRATE 10/25/77 I, tn. tiodlotrovid,...c Toot mos ton Ss wove , ago That en the ownn of the 0000001, deselibeel so: IGure iele4 eineriMoof L721:. 'PARCEL MAtituact =Torrent y3s- I= Addition& Sheet Attached That my interest in the ownership of the above property was acquired on and is as follows: 1TC1 SOLE OWNERSHIP 1:73 OTHER UNDIVIDED INTEREST - Specify C=JOINT TENANCY - HELD WITH That on January 2,19_2L0, or June 1, 19_, I owned and occupied the above Property as my homestead and that such occupancy beg That the assessment charges duty adopted by ordinance which have been allocated *Rain& Me subject Prohnea "mold mote end. Oneonta ship on my behalf and I respectfully request that payment be delayed and that such taxes be deferred. APPLICANT: Complete unshaded areas - For ossistance contact your mantic* clerk. LW/ No. Date& Fast noose P.,00nt Tool Ann of levy ROT.1•11. Any. of Levy Iowa& Rate of Low Amount Wend 7028 5/78 715.80 715.80 6.6 Note:lief Stamp or Seel STATE OF MINNESOTA • ChunIT cd--742-S-c-L024,”2--- The fempm instrument was acknowledged befall me this relb day of '0 1912_ 8y2.1.P.INZ(0/ovet iAl_.- 61 ricagflfryurpe.ObilieNotary 4de:4:HEN 'hIP'E Pit:COUNTY" j..31.19mA9,..,_ certify the above to be hue and con 1$0,0•00)0 01 Anolicano.4, My eaninistion expires , r Cdotovi.v.taitrest,A,), AUTHORIZATION Clerk of the of in Herowpin County, S Minnesota, do hereby certify Mat this applies.fl hat been duly reviewed and that in accordance with the minutes of official tetrad in tat bins vas duly ED APPROVED ED DENIED as of 19 &en That in accordance with approval granted. that Use taxes on the &Hiatus subject firoheita levied fot collection Pl d esn i flocl rod in the TOTAL AMOUNT O' S and contpounded at the additional interest rate of _% Mil such time as it is deemed thi cont no MN. WOWSes m the Property loses Os eltudnItty. Clerk or Date of Approval Authorized Deputy ORDER OF DEFERRAL REGISTER OF DEEDS 1 certify that I have reviewed this apolocatton and that •t has been appeased and that assessment diaiges levied tor st.ial assesonents under the subject ordi- nance hate been otheially deferred es stipulated by the above subdivision and to corded in Ow Register of Deeds office in dm county as noted, and ills so ordered. OAtt of 00000 COWIT V 0001100 ORDER Of TI RMINATION The above order terminated lids day of 19 REASON: on.wr On MYR HAMS IrenE Mabel MoCluskoli nosido 7808 Co. Rd. 4 lona th• 0fmy 000 0 VOLK DAIS Of It 00.0NAT ION C01.011 , 0001100 5 t3ti TO: • THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger tasted, City Manager Carl Jullie, City Engineer October 28, 1977 Chemical Waste Disposal Site We very recently became aware that the Metropolitan Waste Control Commission has chosen a portion of Eden Prairie and Chanhessen as one of six candidate sites for a landfill facility to be designed for the disposal of chemical or hazardous wastes. Attached are maps showing the six search areas and the specific area for Eden Prairie and Chanhassen. The attached letter of October 25, 1977, explains the site selection pro- cess. The proposed schedule calls for the selection of three eligible sites by December 14, 1977, and the final selection from those three by April, 1978. The attached summary and recommendations and "search area matrix" is taken from a report received on October 20, 1977, by the engineering consultants for the N...ropolitan Waste Control Commission which recommends the cnaLhas- seniEden Prairie and Pine Bend/Cottage Grove as the primary sites to be further evaluated. At this point, it is recommended that we invite the chemical waste advisory committee to make a presentation before the City Council on your November 15, 1977, Meeting. CJJ;kh Attachments 035 • Benton0.- 2'0 Debi h - T-, ... -.)-- I _5 __... ..1..-,.... , 11 :. r••• • '-' , / ,. ..`. — -4 r I . '":...0 Sm.(' Creek A V .,.14 C 11 .. ? / Pine Bend/Cottage drove '" 4 ----- - .1 - 1 ..., I I *I l .L'. .., v .......,--7.7—,..p.€4.TPN ** . i e --s--'-- .:i, — ::.:,L• -1'7. t-r-i—...--rt - ,. , ,. . —1--' ' I _ - . .. RegsEA ••• .. ... ..... :--f2, - .4 ::—....i i ..c.....71 •.... _..... ,.:. r+ r' ,:.-1.`\ , j ; .....""A'''''''' ' • 7 . .:...7. _J,...,....k„}:::,-,;;,:,..t..,...,E.............. - -:;.s .„......,.,,,.....-_-,___:. ii, .--_ \ I, .. i ...-,..,1... :- v- ,. 1 -z -st.---,...,.. ...i- . ........ ... t 573 (- CHANHASSEN/ EDEN PRA:RIE N.INIM•101.0•10.t• INCM.91•1100 1101011 •nn•n• ••••••1{ II • NM{ • OM 00,1•1•••••• .•ef •)52-‘, 1,-.4% - ,' - I t r,•:". . . ..,ii-7.- - -,%_' ' r•!" . V 4 • - • 7 .-\.--ri" I .- ..',. • . 9 . : n i 1----‘4, / • %•••• • -,i 1, •.' ; ly, -.4 ivi e. • ,"... '',15"'• '''''''''',,,..)v; :7. 7-,-.7:::'1:4,:••••"tk;.";"it.7::;.;.:'\.• • ' ' .4...i.';.•'----) 1-...- -.• I J -V ,) i : .,.:..:,) 1 ,.\i's .- -.! .. • 1 -..-4.-----„, ii... • I, ,.2. . Asi....1-._—_._,_____1_- __- 1_1 1 1 — -Y ./ ,--,:l. • i.; I .--(-1 I . -1 p. z. n PA („1`•••,--.4", ...- ... p....:1; • 1 L - i I I, 1,,,..J., (*. . r t ,-- • ..)' \--a - I- / I • • • . . I_ i\ / „ • t • A",3-L ) " • CI CAL WASTE L/J LL FP:CU -1Y FLAN Oct:ber 25, 1977 "mErRopoirrnn WRITE (011TROL mullion Urn CAWS II OCT 2 7 1977 TO: Public Officials and Other Interested Persons in the Twin Cities Metrcpolitan Area SUBJECT: The Chemical Waste landfill Demonstration Facility Site Selection Process As yeu w.t,Lf.ow, at the Ocie)ar 12, 1)77 meetini2 of the fbemieul '49;te Advisory Committec, an 6iino.Incement was mad.? of six candic;atc s. cli areas as part of th.n process of selczting a technically, envirpnent4IV, ;a cia1ly accer ,tablo ..7lte for the Chemical l4aste Landfill Demonstration Projet:. As fallowup to thz ..t mc ,Aing. please find enclosed a copy of a chart dates Octeber 14, 1977, indicatin) continuint!si Yllectirm 2r...ofFs to be used. It is believed this !;rs will allow max;z:m publir in cLj,i thrcn :andidate sit:: tsr t'..o Chemical 1 .!astecr Fe,(ility to be in the Twin Cities Hetrwolitan Are".. Tivt thr ,!.2 candidte cites ::re to bt 3i77, in acco ,dan ,,. witr rilestoue dat.?!. requircd .tv the U. S. invironmental r'roteCtlon 14:rcy. A final site is to be selected i.!:/ April, 1 .e13. . The following explanation applies to thu enclosed chart: The fioore on thn %ft represeas the amount of search area availi:he for considorhic.l. rho Mott -cool:tan 1:iaste Contr3T -CiETion solicitite input on a continuous basis. As of October 27, t 1 0,.:.APP and Nover 29, comments will be supeori‘ed for presentation Adviroi':. roxlittoe fo , AJ,11:4,ey are nel6 :n %5vombcr 4, Nove:tbcr 23, and December 2, it is anticlezted that th'.! Committee will progressively eliminate a Lii part of tho remainirq area basee on poblic input, technical co.liderationc and i'eceolvIndatienS of the staff and the con'Altant, Ronlingson, Vor, and Richardson, Inc. On Deremher !I:, 1977, the Conmission staff ond the Concultant will anal, all Oak .,1 to d-te ad recomOnd a n;.mbc.- or sittS to the Committer for CorMtle;;%t:on. It is anticipatcc1.nYT—ITIC'asi—three sites will on selected on voeeinber 14, 1977. The Ihr-tt: sites will be si.Ejectol to further analysts ond nubile li,00t nail April, 1978 wheA one site to 3S0 METRO !MDR( Bt DG. 71H6DONIZT1IPt UI /MI Kari MD 5.'101 012'12.8425 513'i Page 2 October 25, 1977 As the above process continues, Commission staff will be meeting with th e citizen boards of the Minnesota Pollution Control Agency, the Metropolit a n Council avd with the Waste Control Commission. In addition, meetings wi l l continue to he held throughout the region with County Boards, municipali t i e s , citizens groups, and local citizens as shown on the right in order to se c u r e comments regarding the search areas. Comments regarding the search areas should be addressed to Chemical Waste Advisory Committee Metropolitan Waste Control Commission 350 Metro Square Bldg. St. Paul, Minnesota 55101 The Metropolitan Waste Control Commission again urges you to make your co n c e r n s known regarding the search areas for the Chemical Waste Landfill Facjli t y . W e encourage all persons and organizations in the region to become involvr d . Sincerely, )0, Richard JT-Dougherty Chief Administrator Metropolitim Waste Control Commission RJ1):01r3:TOV:jw tnclesure 931 CoolDi2A1-3. SEARCil AREAS AVsit.A1M-E PC R CONSIOERATION ; oki,rsotain.'os arose r All s.fsrestad petiss solinia' comments in oraina lc summArty ireov:4410A1at4 ocr 21 I NOV 4 miums4.4 poriies • salrmi1. Orainis rlo NoV 23 1_0211ENDATION Il IHts.-.011.1 rHefia 0.obHa4 coennisni% toraios • SITE SELECTION PROCESS Al4C MTG. STAFF act' 12 ROVISoil Son1417 MEET1N4,5 wiTi4 MviCC CONTINO1K16. POBLIC MINCC, MPCA • M.C. 1NVO2NA-1-1 eFfroFer I.Hootioas wi44.n Co. Enn.,:ls 2. Medinas wain Monic4244ioS OCTOBER. 3. f•inetine E.viron..e.thl troop S. MOAS Mai ICIS of 5. Moe+ sii14, tiroops Pressed' Sommaria 4. fri,e.44 SeiftehlS Co.n•nanis. Rory., .1„ 566 ,itrot in Will% '4"!;•Po.11,..lio Rant% DNIC 4. NOVEMBER Pronant 5.nunntt of INnotec:1"'Iocoi a litote41tirtr. aNecied ComniontS. Revels+. orro.S. inpar • 10. Oise+ wilt, total Isoudisionset.. in ntrihnsaboot ant rarnsininia artab II. Roves+ Woo• doolo8;...1 12. Ivo orp•ow. boo° porloo.o.o. 2or.4mAtcV 4 ReCat4742N13031oN Ns6f Aka_ wisp onc 2. 1 2 3 All Inises4144 pieties conionanis nra-ina r.onintrazy 4 RECOMMENDATION OF srreZ DOC 14 SITES SELECTED 4 PRIORITIZED A PROCE:5•3 FOR SELECTING THREE CANDIDATE SITES FOR A C.i4ErniC.S1— WASTE i-ANOFta-L FACILITY Me+roporrian Wasiz Conl•rol Correnizr..ion Othober 14,1911. SUMMARY AND RECOMMENDATIONS In the following pages, six (6) Search Areas are presented for the review and evaluation of the Chemical Waste Disposal Advisory Committee. The s e search areas resulted from the application of site criteria generated b y the Metropolitan Council and the Consultant. Previous documents, Site Criteria and Information, June, 1977, and a letter from the Metropailin Waste Control Comnission to interested parties dated October, 1977, h a v e summarized the criteria and the site selection processes used., The six search areas are located in Carver, Dakota, Hennepin, Scott a n d Washington counties and are referred to as: Benton Chanhassen/Eden Prairie Credit River Dahlgren Pine Bend/Cottage Grove Sand Creek A summary of the conditions existing within each search area, a "Search Area Comparative Summary: Highlights" and a "Search Area Matrix" is pr o - vided for committee review. These items will assist the Committee in their deliberations on the pertinent issues needing resolution which i n turn will allow the determination of specific search areas for more de - tailed study and ultimate site selection. Because the search areas presented are large in proportion to the siz e o f the site (200 acres), portions of these areas will not be as acceptab l e as other portions. Specific sites will be selected within each search a r e a on the basis of a more detailed application of the site criteria. Th i s means that a search area may contain a number of potential sites with i n its boundaries. Since January, 1977, numerous meetings with the public, elected offic i a l s and representatives of local government agencies have provided much info r - mation about local sensitivities that exist within the Metropolitan a r e a , and the difficulty of siting a chemical waste disposal facility within this region. Subsequent meetings with various state agencies and repre - sentatives of regional government further indicated the complexity of t h e siting problem while emphasizing the need for such a facility. All the comments and information acquired from these meetings were noted and ap - plied to the extent as possible to determine alternative search areas. 5-01 1R2om% Cw4.41(A1- ttiAcW1].:- FNCILIT y RA J OLT. bi;h . gumlatiA., 14440-K. iw„„4,„„„ ot tlavvu,,$Ati. SEARCH AREA COMPARATIVE SUMMARY: HIGHLIGHTS • Allsix areas have relatively good access utilizing major transportation routes. All areas have frontage on eithel U.S. or state trunk highways in good condition. Dahlgren & Sand Creek do not have rail access. The remaining four areas do have railroads passing through a portion of the search area. • Only the Chanhassen/Eden Prairie (C/EP) and the Pine Bend/Cottage Grove (PB/CG) search areas are located within 25 miles of the urban area. The Pine Bend portion of the latter search area is the nearest to being equi-distant from Minneapolis and St. Paul. • The Chanhassen portion of the C/EP area has more residential development in the surrounding area than do the rest of the search areas. However, planned and existing industrial uses exist in portions of the entire search area. • All areas have police and fire protection relatively close. The Pine Bend/ 'Cottage Grove area is best situated for fire protection due to the number of chemical and petroleum refineries in the area. These plants often can provide additional equipment and personnel in the event of fire emergencies. • • Sewer facilities are currently available only to the PB/CG and C/EP search areas. • All areas have some surface water on or adjacent to the area or depressions which may have seasonal surface water. • The PB/CG and C/EP encompass areas of scientific and natural significance. The a State des former includes part of the Mississippi River corridor, designated critical area. The latter includes portions of Riley Lake, Riley Creek, and Purgatory Creek designated scientific areas. Rare and endangered plant species have been noted in the area. In addition, the majority of the area east of 101 and south of 169 is included in the Minnesota River Valley National Wildlife Recreation Area. • Fourof the six project areas under consideration are wholly zoned agricultural with comprehensive plans emphasizing the preservation of these areas. The C/EP and PB/CG areas have portions of the area zoned for industrial use. • Depth to bedrock is greater than 50 feet in all cases. Five of the six search • areas have depths to bedrock at well over 100 feet. • With the exception of the PB/CG study area, all areas have shallow groundwater. • The Benton, Credit River, Dahlgren, and Sand Creek search areas have thick de- posits of low permeable materials. • C/EP and PB/CG are near regional groundwater discharge areas. • Portionsof the Benton and Dahlgren search areas lie above or near bedrock deposits not immediately connected with the major Twin Cities groundwater source. € 3 51Q The criteria generated during the course of the study and the emphasis placed on social-political concerns, suggested that an industrially oriented area would constitute a more compatible land use rather than a rural, less popu- lated area. Giving primary weigh to this criteria, the following two areas are recommended for further evaluation:. Chanhassen/Eden Prairie . Pine Bend/Cottage Grove Both areas have compatible land/use zoning and are the closest to the Twin Cities. Access highways are good to excellent and railroad uses are avail- able; both areas are near sewer interceptors or waste treatment facilities. Proximity to scientific and natural areas affects parts of the search areas, and is best analyzed from a site specific point of view. Of the remaining areas, the potential for increased rural/residential de- velopment (Credit River) or the agricultural land use were the primary lim- iting factors. The Benton, Dahlgren and Sand Creek areas are designated for agricultural use by both county and regional policies. However should the placement of such a facility in a remote area be deemed acceptable, a third area, the Dahlgren search area, could be recommended as having many favor- able features. Access to the area is good. The terrain is rolling allowing reduced visual impact and the underlying geology has a good potential for protection of groundwater resources. -2 gq3 SEARCH AREA MA1 4IX Chemical Waste Landfill Facility to M 0 0 0 0 00 Desirable highway access l 0 Rail access 0 0 Within 25 miles of metro area I% hour) 0 Most equitable location between Mph & St. Paul 0 iQ 0 () 0 0 Compatible land usetzoning 2 0 0 • 0 0 0 0 0 Low residential development in adjacent areas 0 () 0 Fire protection available 0 Police protection available . () Sewer available II 0 0 0 0 0 Water available 0 0 Electric and telephone available 0 0 Gas available 0 0 0 0 No nearby (V% mile) historic, archaelogecal or cultural significant a•eas 0 No nearby recreation r,...., space areas 0 0 Low overall visibility from major road? 0 0 0 0 Relatively flat : gently rolling - 0-12% slopes No sensitive wetlands, recharge areas, or surface water on site or within % mile 0 0 0 0 10 (') No rare, unique or endangered species within Yr mile 0 MBi---‹ • 0 0 No scientific and natural areas or areas of natural significance within '.', mile 8 0 Project site compatible with future local and regional plans Depth to bedrock a 50 feet 0 0 Depth to groundwater rri- 20 feet 0 0 0 Thick deposits of low permeable materials 1 Based on load. condition 2 Compatible land use zoning: Industrial 3 Based on topography. vegetation, windshield survey 4 All 6 sites are situated in groundwater recharge areas according to Metropolitan Council Open Space Protection Map indicating generalized locations. 58 IN TO: THROUGH: FROM: 'DATE: SUBJECT: Mayor Penzel and Members of the City Council Roger Uistad, City Manger Carl Jullie, City Engineer October 2 8, 1977 Acceptance of Utilities in The Preserve Center Area Per the attached letter dated Oct....270977, The Preserve is requesting the City to accept the sanitary sewer, storm sewer and watemain lines con- structed approximately two years ago in The Preserve Center Area. These utilities serve varying land uses within The 'Preserve, including single family townhouse units, The Preserve recreation facilities and The Preserve office site. Between now and Tuesday evening, we will make an inspection of these util- ities. Assuming all is in proper working order, we would recommend accep- tance for ownership and continuous maintenance the sanitary sewer s watermain and storm sower (to be identified on a location map), subject to the terms of the October 27, 1977, letter of commitment from The Preserve and the Preserve Association. CJJ:kh Attachment rom- Jack Darling Vice President THE PRESERVE ASSOCIATION TD miiresente October 27, 1977 Hr. Carl Jullie, P.E. ' City of Eden Prairie 8950 Eden Prairie Road Fden Prairie, M4 55344 Dear Carl: Attached is a drawing showing some sanitary sewer, watermain and storm sewer utilities in The Preserve Center area. The City has not yet been given easements for this construction and we would now like to clear this up. Please request acceptance of these easements from the City Council and, if accepted, direct Harlan Perbix to draw up the documents for signatures. It is my understanding that you wish two conditions to be part of the easement as follows: I - The Preserve agrees to save and hold harmless the City of Eden Prairie for repairs to the utility system from November 1, 1977 to November 1, 1978 and agrees to ptomptly pay all repair costs incurred. 2 - The Preserve Association agrees to save and hold harmless the City of Eden Prairie from damages to the Swimming Pool and Diving Well walls and related plumbing in the event that repairs to the utility systems between the Pool and Diving Well may become necessary in the future. The Preserve Asso- ciation reserves the right to review the repair methods and procedures to assure that reasonable care will be exercised and expedient time frames followed. These conditions are acceptable to The Preserve and The Preserve Association. Regards, THE PRESERVE ASSOCIATION ee W. Johnson Vice President THE PRESERVE LWJ/JD/j1 Attachment -6C1LI 6, A Total Environment Community — 8920 Frani° Rd., Eden Prairie, Minn. 55343 — (612) 941-2001 November 1, 1977 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 10-14-77 7236 DAVIDSEN DISTRIBUTING, INC. 7237 THORPE DISTRIBUTING CO. 7238 LAKE REGION BEVERAGE CO. 7239 LEDING DISTRIBUTING CO. 7240 JOHNSON BROTHERS WHOLESALE LIQUOR 7241 DAY DISTRIBUTING CO. 7242 MINNESOTA CRIME PREVENTION OFFICERS ASSN. 7243 BEER WHOLESALERS, INC. 7244 TWIN CITY WINE CO. 10-18-77 7245 STATE OF MINNESOTA 7246 FEDERAL RESERVE BANK 7247 UNITED WAY 7248 PUBLIC EMPLOYEES REITREMENT ASSN. 7249 SUBURBAN NATIONAL BANK 7250 POSTMASTER 7251 ED PHILLIPS & SONS 7252 GRIGGS, COOPER & CO. 7253 STATE OF MINNESOTA 7254 METROPOLITAN WASTE CONTROL COMMISSION 7255 STATE OF MINNESOTA 7268 VOID CHECK 7269 BROWN PHOTO 7270 BRAUN ENGINEERING 62.00 62.45 36.96 15.35 726.48 86.30 5.00 412.65 299.56 829.03 6,394.95 22.01 5,660.32 525.00 75.00 571.89 594.92 22,827.82 25,616.25 5,432.99 240.19 1,642.46 612.03 593.91 3,121.59 16.00 44.25 52.00 611.74 70.00 4.00 1,200.00 105.00 1,968.35 Beer for Liquor Store Beer Beer Beer Liquor Beer Registration for one officer (Crime Prevention Grant) Beer Wine Sept. sales tax collected Taxes deducted 10-14 payroll Donations withheld 10-14 payroll Employees withheld and employers contribution 10-14 payroll Bonds deducted 10-14 payroll Guide Plan mailing Liquor Liquor 3rd quarter F.I.C.A. report Sept. reserve capacity charges Building permit surcharges collected for 3rd quarter Wine Liquor Liquor Wine Liquor Refreshments for Guide Plan meeting Guide Plan mailing Registration for M. Jessen at conference Wine Service on two breath testers Repair base on chair at Public Safety dept. Machinery rental-Community Development project Film-Assessing dept. 'Services-Homeward Hills Rd., and Eden View 1 10-21-77 7256 EAGLE DISTRIBUTING 7257 MINNESOTA DISTILLERS, INC. 7258 GRIGGS, COOPER & CO. 7259 QUALITY WINE CO. 7260 JOHNSON BROTHERS WHOLESALE LIQUOR 7261 PENNEYS SUPER MARKET 10-24-77 7262 POSTMASTER 10-25-77 7263 M.R.P.A. 7264 TWIN CITY WINE CO. 10-25-77 7265 ALTECH 7266 A & H WELDING & MFG. 7267 A&M INDUSTRIAL TRAC., 4. November 1, 1977 Services on road plans for Lake Smetana-Planning dept. 140.00 Softball officials service 2,364.00 Bags-Liquor Store 116.68 Repair motor-Garage 102.77 Two calculators-Liquor Store and City Hall 318.00 Bid ads 146.15 Supplies-Engineering dept. and Planning dept. 120.37 Improvements to Liquor Store 20,438.00 Keys-Public Safety dept. 20.00 Expenses 18.90 Paint-Tree Disease 40.14 Architectural services-Addition to Fire Station 5,817.80 Cleaning supplies-Water dept. 104.50 Water sample test 40.00 Service-Public Safety dept. 10.65 Supplies-Public Safety dept. 16.75 Legal ads for Sept. ' ,, -,, 495.61 Materials - Park Maintenafice 194.00 Mileage-Tree Disease dept. 61.95 Supplies-Fire dept. , c'' ° 20.90 Ferric sulfate-Water dept.. 1,100.00 Employees insurance-October 763.10 Reimbursementfor expenses Bldg. dept. 1.82 Tires adjustment 20.90 Batteries (5) 150.43 Radio repairs-Fire dept. 34.60 Audit services for year ending 1976 400.00 Prisoners board and room e ! ' 82.00 Expenses and mileage 78.94 Maintenance-Water dept. 1,072.25 Battery for fire monitor 29.00 Terminal-Public Safety dept. 238.33 Repair windshield 65.40 Rental of chiparvestor and personnel for Tree Disease dept. 1,432.47 30.75 10-25-77 7271 BATHER, RINGROSE, WOLSFELD, JARVIS, GARDNER, INC. 7272 BLOOMINGTON OFFICIALS ASSN. 7273 BELLIS PAPER 7274 BOUSTEAD ELECTRIC 7275 CTS BUSINESS MACHINES 7276 CHAPIN PUBLISHING CO. 7277 VOID CHECK 7278 COPY EQUIPMENT 7279 DISPLAY FIXTURES CO. 7280 DOYLE LOCK CO. 7281 ROGER DANIELSKI 7282 DIAMOND VOGEL PAINT 7283 DICKEY KODET ARCHITECTS, INC. 7284 DALCO 7285 CITY OF EDINA 7286 EDEN PRAIRIE CLEANERS, INC. 7287 EDEN PRAIRIE GROCERY 7288 EDEN PRAIRIE COMMUNITY NEWS 7289 FRONTIER LUMBER 7290 STUART FOX 7291 FIRE INSTRUCTORS ASSN. 7292 FEED-RITE CONTROLS, INC. 7293 GROUP HEALTH PLAN 7294 SHARON GAGNON 7295 GOODRICH TIRE CENTER 7296 GRANT BATTERY SALES 7297 GENERAL COMMUNICATIONS, INC. 7298 GEORGE M. HANSEN 7299 HENNEPIN COUNTY 7300 JACK HACKING 7301 HONEYWELL 7302 HILLCREST SAFETY EQUIPMENT 7303 STATE OF MINNESOTA 7304 HARMON GLASS 7305 HENNEPIN COUNTY 7306 ITASCA EQUIPMENT Equipment parts 7307 JUSTUS LUMBER CO. Materials- Fuller Rd-Eden Ct. screen 2,647.31 7308 MARK A. JOHNSTON Mileage-CETA personnel 39.75 7309 CARL JULIE October expenses 127.87 7310 GENE A JACOBSON Expenses for Fire Instructors Assn. meeting 77.80 7311 JAMES JENSEN Mileage-Planning dept. 40.24 7312 K. C. AUTO BODY Repair fenders - - 38.00 7313 KARULF HARDWARE Supplies-Fire dept. • 19.00 7314 KRAEMER'S HARDWARE Supplies ' . . .._._ 99.57 7315 GEORGE ANN LILLIE Macrame instructions and supplies 44.32 7316 LEEF BROS. Rugs for City Hall 28.75 7317 MINNESOTA VALLEY ELECTRIC Services 4.25 7318 MINNEAPOLIS STAR AND TRIBUNE Home for rent ad-Park dept. 14.00 7319 ROBERT MARTZ October expenses 110.45 1-41 November 1, 1977 295.00 148.75 63.9( 23.81 1 206.6' ' 9.6( ( 19.1 Municipal bond rating (A) 650.0( Subscription for Liquor Store 30.0( Supplies-Sewer dept. 23.3( Tires and service 57.7( Membership-Federal Grantli,1)-gra* 25.0( Service - Public Information 9.0 Service 5,351.2. Flashers for equipment 65.2. Supplies-Fire dept. 42.6 Refund on karate lessons 7.5 Equipment parts 94.7, Services 834.4 Fuel 4,198.6 Office supplies 126.0 Portable restrooms-Community Services 635.6 Ammunition-Public Safety dept. 40.5 Culverts-Drainage control 1,246.7 Freight charge - 24.0 November expenses 100.0 Uniforms-Public Safety dept. 39.4 Equipment parts - 22.6 Parts for Civil Defense truck 144.8 Services and supplies 966.5 MRPA conference registration for Sandy Werts Mileage-General Services Advance for conference Beer Beer Beer Beer Beer Beer TOTAL 10-25-77 7320 MATT'S AUTO SERVICE 7321 MAYVIEW RADIO 7322 MIDWEST ASPHALT 7323 MOODY'S INVESTORS SERVICE, INC. 7324 BOB MCLEAN ASSOC., INC. 7325 MID-CENTRAL FIRE & SAFETY 7326 MINNEAPOLIS OXYGEN CO. 7327 MINNEGASCO 7328 MODERN TIRE CO. 7329 NCPI ASSOCIATES 7330 NORTHERN STATES POWER 7331 NORTHWESTERN BELL 7332 NORTHERN STATES POWER CO. 7333 POWER BRAKE EQUIPMENT CO. 7334 PREM-O-LITE CORPORATION 7335 BECKI QUERNEMOEN 7336 SHARON REUTIMAN 7337 SUBURBAN AUTO ELECTRIC 7338 WAYNE SANDERS 7339 ST. PAUL BOOK 7340 STANDARD OIL 7341 STARR OFFICE SERVICES, INC. 7342 SATELLITE INDUSTRIES, INC. 7343 DON STREICHER GUNS 7344 ST REGIS PAPER CO. 7345 TRANSPORT CLEARINGS 7346 ROGER ULSTAD 7347 UNIFORMS UNLIMITED INC. 7348 WISCONSIN TOTAL POWER 7349 WILENSKY 7350 XEROX CORPORATION 7351 MINNESOTA RECREATION & PARK ASSN. 7352 DIANNE HANSON 7353 ROGER ULSTAD 7354 BEER WHOLESALERS, INC. 7355 LAKE REGION BEVERAGE CO. 7356 DAY DISTRIBUTING CO. 7357 LEDING DISTRIBUTING CO., INC. 7358 DAV1DSEN DISTRIBUTING, INC. 7359 THORPE DISTRIBUTING CO. Towing services(heavy equipment) Repair on auto radios Asphalt-Street Maint. Acetylene and oxygen-Garage Service Service Mileage-Water dept. t" Supplies-Public Safety dept. 43.2 7.5 540.0 334.6 17.9 264.8i 706.5 4.6( 525.7( 138,143.8, 5atio) CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST November 1, 1977 CONTRACTOR (1 & 2 Family) 3.2 ON & OFF SALE Advanco, Inc. • Lions Tap* Douglas L. Erdmann, Bldg. Contractor Garden City Construction Co. CIGERATTES & TOBACCO Al G. Kuenzel CONTRACTOR (Multi-family & Comm.) Lions Tap * FOOD ESTABLISHMENT Aerelift, Inc. Elder-Jones, Inc. Lions Tap* Kraus-Anderson of St. Paul Co, HEATINu Nielsen Sheet Metal, Inc. PLUMBING Hayes Contractors * Transfer of ownerhsip from Donald R. Gilbert to Bert A. Noterman. These licenses have been approved by the department head responsible for the licensed activity. 7S0 TO: Roger Ulstad FROM: John Frane DATE: October 26, 1977 RE: Audit for 1977 The attached letter from the George M. Hansen Company asks that they be appointed to do the audit for the city for the year 1977. Their estimated fee for the audit is $800 to $1,000 more that our 1976 cost. This is a reasonable request in light of our new liquor operation, additional utility customers and other increases in financial activity of the city. They indicate a reduction of $300 in the cost if we would do some of the work involved in the preparation of the audit report. I believe that these functions should be done by the auditors; the audit report should be the sole responsibility of the firm engaged to do the audit. gs Title Date /,)-1169n GEORGE M. HANSEN COMPANY Certified PR6lie ilerosmtatas 175 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT HIGHWAY 100 MINNEAPOLIS. MINNESOTA 55416 545.2566 October 19, 1977 The City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Council Members: We are currently planning our fall and winter work program and would appreciate an indication that we may be invited to conduct the 1977 audit of the City as we have in past years. We would perform an audit of the balance sheets of the various funds of the City as of December 31, 1977 and the related financial statements for the year then ended. The audit would be performed in accordance with the procedures established by the State Auditor and the American Institute of Certified Public Accountants. These procedures are compatible with the pronouncements of the National Council on Governmental Accounting. The audit which we will perform will be an examination which consists of n review of internal control, accounting procedures, and the details of all records, including subsidiary records and supporting data as to mathematical accuracy, propriety and completeness of all transactions on a test basis. The test examination presumes that the items selected are representative of all the transactions. Although such an audit is the one most frequently used today, it will not necessarily discover fraud or defalcation. However, should fraud or defalcation exist, it may be uncovered as the result of one or more of the procedures applied on a test basis. We estimate that the range of our fee would be $5,300 to $5,500, not to exceed the latter. If the City handled the typing, proofing, printing, collating and binding, this estimate could be reduced $300. Should our time be less than anticipated, our fee would be reduced accordingly. It is our general practice to submit progress billings as the work progresses. We have enjoyed our relationship with the City during the past years and hope that we may be allowed to conduct the 1977 audit. JGM: gyad Accepted by the City of Edon Prairie By