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HomeMy WebLinkAboutCity Council - 06/07/1978 JOHN FRANE ,;' MARI IF REVIEW WEINESIAY, JUNE 7, 197S 7:31 PM, CITY HALL (centinued from May 31, 1978) BOARD OF REVIEW MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly BOARD OF REVIEW STAFF: City Assessor Bob Martz, City Staff Appraisers Lorna Thomas and Bob Kern INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. CALL MEETING TO ORDER II. CINTINUEI 3USINESS FRIM MAY 3/, 197$ III. CLOSE MEETING .'j EDEN PRAIRIE CITY COUNCIL WEDN:SOAY, JUNE 7- 1978 IMMEDIATELY FOLLOWING BOARD OF REVIEW MEETING, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly • COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary I. PRESENTATION OF HUMAN RIGHTS AWARD TO PAUL REDPATH (Presentation to be made by Duncan Laidlaw, Chairman of the Human Rights and Services Commission) II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS III. CONSENT CALENDAR A. Set Public Hearing for July 5, 1978 for Amsden Hills IV, The ''reserve, rezoning from Rural to RM 6.5 for 11 duplexes B. Clerk's License List Page 1307 C. •.dent of Claims Nos. 10187 - 10391 Page 1308 • D. 5.0. Public Hearing for July 5. 1978 fnr asse sing the cnct of Page 1313 •i tree removal Council Agenda - 2 - Wed.,June 7, 1978 IV. MINUTES A. Minutes of the Regular City Council Meeting held Tuesday, Page 1314 May 2, 1978 B. Minutes of the Regular City Council Meeting held Tuesday, Page 1324 May 16, 1978 C. Minutes of the Special City Council Meeting held Tuesday, Page 1344 May 23, 1978 D. Minutes of the Board of Review Meeting held Tuesday, May 30, Page 1345 1978 V. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation, Pages 882, to rezone from Rural to RM 6.5 and preliminary slat approval 1215, and TResolution No. 78-106, and Ordinance No. 78-31) 1346 CONTINUED PUBLIC HEARING FROM MAY 16, 197B B. Olympic Hills First Addition, Olympic Hills Corporation, Outlot B, Page 1350 rezoning from RM 2.5 to RM 6.5 and preliminary plat approval, for one four-plex and 2 duplex lots. Site located southwest of Olympic Hills 1st Addition. (Resolution No. 78-101, and Ordinance No. 78-29) C. Olympi^ Hills Fifth Addition, Olympic Hills Corporation, rezoni'; Page 1360 from Rural to R1-13.5 for approximately 11 acres to 20 lots -and preliminary plat approval. Site located southwest corner of Olympic Hills Golf Course and north of County Road 1. (Ordinance No. 78-28, and Resolution No. 78-100) D. Tamarac Addition by Edenvale, Inc., rezoning from Rural to Page 1374 R1-13.5 for 13 single family lots on approximately 8.5 acres, and preliminary plat approval. Site located west of Edenvale Boulevard and southwest of Cedar Point Townhouses. (Ordinance No. 78-27, and Resolution No. 78-99) E. Darkenwald Duplexes, rezoning from Rural to R1-13.5 and RM 6.5 Page 1388 fob existing single family and 48 duplex lots, and preliminary plat approval. Located in southwest corner of Franlo Road & Preserve Boulevard. (Resolution No. 78-102, and Ordinance No. 78-30) F. Sanitary sewer on Eden Road, I. C. 51-320 (Resolution No. 78-104) Page 1404 G. Vacating street and utility easements as follows: (Resolution Page 1405 No. 78-105) 1. Portions of Homeward Hills Road and Riverview Road in /the Bluff's West Plat Council Agenda - 3 - Wed.,June 7, 1978 6. Vacating street and utility easements as follows: (continued) 2,-- Ten (10) foot drainage and utility easement between Lots 7 and 8, Block 2, Garrison Forest 2nd Addition 3.-Old Amsden Road between Anderson Lakes Parkway and Franlo • Road, Sec. 24 VI. REPORTS OF AOVISORY COMMISSIONS VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 7B-14, rezoning 35 acres from Rural Page 1409 •. to Office for Super Valu Stores, Inc., corporate headquarters and rezoning agreement B. 2nd Reading of Ordinance No. 78-17, Pheasant Oaks by Burmith, Page 1411 Inc., rezoning from Rural to R1-13.5 for single family detached homes and rezoning agreement • C. 2nd Reading of Ordinance No. 78-23, Prairie East 8th and 9th by Page 1420 Hustad Development Corporation, rezoning from Rural to RM 6.5 and, rezoning agreement 1. 2nd Reading of Ordinance No. 78-26, Bachman-Anderson Center, Page 1430 Bachman-Anderson, Inc., rezoning from Rural to Office, and rezoning agreement E. 1st Reuuing of Ordinance No. 77-44, street name changes Page 1432 F. Resolution No. 78-103, receiving Antirecession Fiscal Assistance Page 1433 Funds VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members t 1. Appointment of one member to the Planning Commission to fill Page 1435 an unexpired term to 2/28/80 B. Report of City Manager 1. Definition of Section 2, Subdivision 2.7 of Ordinance No. Page 1290 135, special requirements pertaining to design (Continued from May 16, 1978) 2. Reconfirm appointment of City Attorney and contractural Page 1436 agreement 3. Oiscussion of employment practices Page 1445 4. Set date for next Guide Plan meeting C. Report of City Attorney Council Agenda - 4 - Wed.,June 7, 1978 D. Report of Planning Director 1. osstown Baptist Church, request for approval of revised Page 1449 site plans at 6500 Baker Road E. Report of Director of Community Services .: �-1. Anderson Lakes Joint Master Plan { Page 1490 2. Renewal lease for Eden Prairie Stables 9 ",3:-Bre relocation assistance Page 1521 Receive and award bids for 2 tennis courts at Forest Page 1523 Hills L15:'Approval of tennis court grants - Prairie View School and Page 1524 { Round Lake Park i X_NEW BUSINESS i .Lj,ADJOURNMENT. i! { CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 7, 1978 CONTRACTOR (Multi-family & Comm.) Antler Construction Co. Patio Village Stan Koch Brokerage CONTRACTOR (1 & 2 Family) My Geri, Inc. Oakwood Builders, Inc. Schnabel-Riedel, Inc. Shorewood Homes, Inc. Ron Ward Construction Co. HEATING & VENTILATING Boulevard Sheet Metal & Heating Co. Hoov-Aire, Inc. CIGARETTES &TOBACCO Viking Pioneer Incorp. FOOD ESTABLISHMENT LICENSE - Type A Super Sam's VENDING MACHINES Arteka, Inc. Dircon Enterprises Osty's Vending Viking Pioneer Incorporated These licenses have been approved by the department head responsible for the licensed activity. Rebecca Quernemoen, Deputy Clerk I3U7 A June 2, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 04-28-78 10059 VOID OUT CHECK (180.00) 05-12-78 10187 JOHNSON WINE CO. Wine 483.27 10188 GRIGGS, COOPER & CO. Liquor 1,241.19 10189 ED PHILLIPS & SONS Liquor 1,164.20 10190 TWIN CITY WINE CO. Wine 344.28 10191 INTERCONTINENTAL PACKAGING Wine 169.27 10192 METROPOLITAN WASTE CDNTROL COMMISSION April SAC charges 32,868.00 10193 EDEN PRAIRIE FIRE DEPT. Six firemen to attend State fire school 180.00 10194 LAKE REGION BEVERAGE CO. Beer 448.59 • 10195 GOLD MEDAL BEVERAGE CO. Pop for Liquor Store 39.71 10196 DAVIDSEN DISTRIBUTING Beer 31.80 10197 PEPSI-COLA CO. Pop for Liquor Store 81.40 10198 COCA-COLA CO. Pop for Liquor Store 124.00 10199 DAY DISTRIBUTING CO. Beer 1,809.75 10200 THORPE DISTRIBUTING CO. Beer 1,696.45 10201 BEER WHOLESALERS Beer 2,254.40 • 10202 LEiIt1G DISTRIBUTING Beer 1,464.00 10203 HOPKINS POSTMASTER Postage for newsletter and Park & Rec. dept. 359.85 10204 LABELLES Supplies-Planning dept. 90.81 • D5-16-78 10205 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employers ASSN. contribution 5-12 payroll 5,896.92 10206 FEDERAL RESERVE BANK Taxes withheld 5-12 payroll 7,647.41 10207 UNITED IJAY Donations withheld 27.12 10208 PETTY CASH Reimburse City Hall fund 43.34 • 05-18-78 10209 EDEN PRAIRIE PIONEERS CLUB Service 15.00 10210 LABELLES Supplies-Park Planning 25.94 10211 STATE OF MINNESOTA State sales tax for April 2,150.42 05-19-78 10212 GRIGGS, COOPER & CO. Liquor 491.52 10213 EAGLE DISTRIBUTING Wine 152.93 • 10214 ED PHILLIPS & SONS Liquor and Wine 523.25 10215 MINNESOTA DISTILLERS, INC. Liquor 1,250.52 10216 TWIN CITY WIINE CO. Wine 25.99 10217 JOHNSON WINE CO. Beer & liquor 762.00 10218 OLD PEORIA CO. Liquor 453.05 • 10219 QUALITY I•IINE CO. Wine 537.48 • 10220 JAt1ES & JUDITH LINDBLAD Easement-Eden View I 923.59 10221 LABELLES Supplies-Public Safety dept. 37.97 10222 INSTY-PRINTS Service-Public Safety dept. 5.10 10223 MIDWEST WINE CO. Wine 864.02 05-26-78 10224 DO!ALD & PATRICIA ROSE Easement-Eden View I 1,740.26 10225 ED PHILLIPS & SONS Liquor 1,231.97 10226 JOHNSON WINE CO. Wine 1,418.82 10227 GRIGGS, COOPER & CO. Liquor 1,206.D5 10228 TWIN CITY WINE CO. Wine 128.20 /3O 3 • June 2, 1978 05-26-78 10229 INTERCONTINENTAL PACKAGING Wine 166.13 10230 JOHNSON WINE CO. Freight 4.00 05-30-78 10231 SUPERAMERICA Gasoline 69.74 05-31-78 10232 SUBURBAN NATIONAL BANK Bonds deducted in May 375.00 10233 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employer ASSN. contribution 5-26 payroll 6,368.49 10234 UNITED WAY Donations withheld 5-26 payroll 27.12 10235 STATE OF MINNESOTA Taxes withheld in Play 6,884.41 10236 FEDERAL RESERVE BANK Taxes withheld 5-26 payroll 8,176.27 10237 PETTY CASH Reimburse City Hall fund 45.28 10238 MEDINA ELECTRIC, INC. Ap No. 2 & 3-City Hall Addition 9,459.00 10239 PRAIRIE VILLAGE MALL ASSN. Rent on Liquor Store(two months) and first half of taxes 2,628.14 • 06-02-78 10240 EARL ANDERSEN A ASSN. Street signs 1,600.40 10241 AKINS FIRE EQUIPMENT CO. Boots-Fire dept. 660.00 10242 BROWN PHOTO Service-Public Safety dept. 75.15 10243 BRAUN ENGINEERING Testing service-Eden View I 1,342.50 10244 BUSINESS FURNITURE INC. File cabinet, bookcase and repair to desk-Public Safety dept. 830.23 10245 CROWN RUBBER STAMP CO. Desk sign 9.95 10246 CAROLYN CASSOLA Guitar instructions 906.00 10247 RITA CONRAD Refund on exercise class 6.50 10248 DEANNA CHRISTIANSON Refund on gymnastics 11.20 10249 COMMUNITY ASSOCIATIONS INSTITUTE Membership for Betty Johnson 50.00 10250 CHANHASSEN LAWN & SPORTS Supplies-Tree Disease 255.05 10251 EDEN PRAIRIE SCHOOL DISTRICT Microfilming service 387.12 10252 EDEN PRAIRIE SANITATION CO. April services 22.50 10253 EMPIRE-CROWN AUTO Supplies-Fire dept. 18.36 10254 EDEN PRAIRIE STABLES Horseback riding instructions 440.00 10255 ENGINEERING NEWS-RECORD Subscription-Engineering dept. 42.00 10256 ELVIN SAFETY SUPPLY, INC. Fire resistant gloves-Fire dept. 63.76 10257 NICK FOLWICK Gym leader 63.00 10258 FUTURE PUBLICATION, INC. Volleyball awards 160.50 10259 JOHN FRAME May expenses 113.20 10260 FARMERS STEEL CO. Materials for construction of mower trailer-Park Maint. 94.24 10261 GENERAL SPORTS Softballs-Park & Rec. dept. 988.50 10262 GOODIN COMPANY Repair parts-Water dept. 209.44 10263 GREGG NELSON TRAVEL Airfare-Public Safety school 252.00 10264 GRANT BATTERY SALES Batteries 166.59 10265 GROSS INDUSTRIAL SERVICES Cleaning supplies-Liquor Store 8.76 10266 GLIDDEN COATINGS Paint for soccer fields 81.46 10267 GENERAL COMMUNICATIONS Radio repairs-Fire dept. 289.20 10268 DIANE HANSON Refund on tennis lessons 7.20 10269 HOWE, INC. Fertilizer-Park Maint & Garden plots 2,262.21 10270 HENNEPIN COUNTY Supplies-Public Works and Park Maint. 124.83 10271 HEATHKIT ELECTRONIC CENTER P.A. control amp-City Hall addition 429.95 1D272 DIANNE HANSON Mileage 12.60 10273 JACK HACKING Expenses 61.04 10274 HONEYWELL Maint.-Water dept. _. 1,992.00 10275 HOPKINS DODGE SALES Equipment parts 174.27 i. 10276 HENNEPIN COUNTY VO-TECH SCHOOL Paint car 90.00 • June 2, 1978 06-02-78 10277 INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS Dues-Robert Martz 8.50 10278 I.U.O.E. LOCAL 49 May dues withheld 187.00 10279 INTERNATIONAL BUSINESS MACHINES Office supplies 236.28 10280 MASATO IKEGAMI Rental of gym equipment 100.00 . 10281 MARK JOHNSTON Mileage-Preserve Park services 26.70 10282 0. J. JANSKI & ASSOC. Appraisal-Bublitz property 500.00 10283 CARL JULLIE May expenses 112.98 10284 KARULF HARDWARE Supplies-Fire dept. and Water dept. 210.13 10285 K C AUTO BODY Auto repair service 342.00 • 10286 LOWELL LUND Expenses at fire training school 99.40 10287 LOCAL GOVERNMENT INFORMATION SERVICE Service 1,268.42 10288 RICH LEDIN Yoga instructions 72.00 10289 PAM LESTER Exercise instructions 64.00 10290 LEEF BROTHERS Rugs and rags 77.50 10291 MINNESOTA VALLEY ELECTRIC Service 3.25 10292 MAYVIEtI RADIO Repair auto radios 331.50 10293 RAY MITCHELL Conference and school expenses 60.75 10294 ROBERT MARTZ May expenses 103.85 10295 MINNESOTA MARTIAL ARTS Karate instructions 59.50 10296 JILL MAERTZ Exercise instructions 80.00 10297 W. R. MCNAUGHTAN Services-Building dept. 192.00 10298 METRO PRINTING Service 1,401.00 10299 MINNEAPOLIS GAS CO. Service 569.34 10300 MINNEAPOLIS STAR Ads 122.79 10301 MODERN TIRE CO. Spare wheel for Parks $172, tires $78, repairs $90 and tubes $22 361.13 10302 3M BUSINESS PRODUCTS Copy machine-Fire dept. 95.72 10303 MAC QUEEN EQUIPMENT Gutter broom-Public Works 72.75 10304 MEDICAL OXYGEN Oxygen-Fire dept. 28.60 • 10305 MERIT PRINTING Service-Envelopes for City Hall 232.30 10306 MIDWEST ASPHALT CORP. Asphalt-Street Maint. 682.19 10307 NATIONAL FIRE PROTECTION ASSN. Fire code books-Building dept. 96.30 10308 NORTHERN STATES POWER Service-Public Information 4.03 10309 VOID CHECK 10310 NORTHERN STATES POWER Service 6,027.39 10311 NORTHWESTERN BELL Service 2,129.15 10312 OLYMPIC HILLS GOLF Refund of investigation fee 1,000.00 10313 PETTY CASH Reimburse Public Safety fund 19.95 10314 LAtURA PATTERSON Dance instructions 190.80 10315 BARBARA PETERSON Exercise instructions 64.00 10316 HARLEY PUFAHL Plowing garden plots 60.00 10317 PIONEER RIM AND WHEEL CO. Materials for construction of mower trailer-Park Maint. 433.56 10318 J. C. PENNEYS Equipment repair 75.00 10319 RAINBOW SIGNS Cards-Public Safety dept. 24.00 10320 R. C. PRINTING Liquor ID cards 31.50 10321 RUSSELL F MILLER, INC. Supplies-Liquor Store 29.36 10322 JAMES RESCII Golf instructions - 1,098.00 10323 ALEC RUTH Supplies-Engineering dept. 79.75 10324 RIDGE DOOR SALES CO. Repair door-Garage 232.65 i PlO • June 2, 1978 06-02-78 10325 RIEKE-CARROLL-MULLER ASSOC. Service-Swr & 1Jtr trunk Round Lake area, Norseman Pk 2nd, Eden View I, Well Pumphouse #3, Homeward Hills Rd. -Imp., and Stewart Highlands 14,212.22 10326 SUN NEWSPAPERS Subscription 26.00 10327 BURTON SUTTON School expenses-Fire dept. 80.83 10328 SULLIVAN SEPTIC SERVICE Pump lift station-Water dept. 50.00 10329 MARGOT STEVENSON Home lawn & tree care instructions 32.00 10330 JUDY SKJI Calligraphy instructions 96.00 10331 ST. REGIS PAPER CO. Snowfence wires and landscape ties- Ballfields and soccer fields 111.54 10332 STATE OF MINNESOTA Inspection-TH169 2,960.29 10333 STATE OF MINNESOTA Return unused tree funds 26,786.29 10334 SATELLITE INDUSTRIES Portable restrooms 44.50 10335 TWIN CITIES HARLEY Motorcycle repairs 105.56 10336 TRUCK UTILITIES Truck repairs 122.69 10337 OEBORAH THOMPSON Refund on tennis lessons 9.00 10338 TOWNS EDGE FORD Auto repairs 1,323.39 10339 VOID CHECK 10340 ROGER ULSTAD June expenses 162.34 10341 UNIDN OIL CO. Oil and grease 89.10 10342 VAN WATERS & ROGERS Sodium fluoride 1,036.80 10343 SANDRA WERTS April and May expenses 71.25 10344 WESTERN LIFE INSURANCE Insurance 337.75 10345 WENDELL'S Supplies-Public Safety dept. 30.40 10346 TRW Maintenance-Office equipment 91.00 10347 CASH REGISTER SALES Supplies-Liquor Store 26.31 10348 M. E. LANE Insurance 2,133.00 10349 PERBIX, HARVEY, SIMONS & THORFINNSON Legal service 2,748.86 10350 INTERNAL REVENUE SERVICE Liquor sales permit 54.00 10351 HOPKINS POSTMASTER Postage for utility bills 95.76 10352 EDEN PRAIRIE FIRE DEPT. Six firemen state meeting expenses 240.00 10353 RAY MITCHELL Fire call service 1,510.00 10354 MARILYN MITCHELL Record keeping service-Fire dept. 200.00 10355 RONALD BURKE Fire call service 488.00 10356 GENE JACOBSON 1,026.00 10357 ROBERT LISTIAK 522.00 10358 LOWELL LUND 788.00 10359 DOUG PLEHAL 854.00 10360 STANLEY RIEGERT " u788.00 10361 NORBERT ROGERS " 694.00 10362 GERALD SCHWANKL 808.00 10363 CURTIS BERGQUIST " 662.00 10364 BRUCE BREN H N 414.00 10365 SPENCER CONRAD 424.00 10366 LARRY DOIG 338.00 10367 JOHN HACKING II II 398.00 10368 JOHN HOBBS 478.00 10369 DUANE JOHNSON 470.00 10370 MARVIN LAHTI " 508.00 10371 M. E. JANE JR. u II II - 300.00 10372 BERNARD NEUMANN II " 336.00 10373 MARTIN PAULSEN " II 0 442.00 10374 JEROLD PRODOEHL IIIIII 526.00 M 1 l 1, June 2, 1978 02-06-78 10375 EUGENE RUUD Fire call service 346.00 10376 EUGENE SPANDE " H 448.00 10377 VERNON STEPEE 654.00 10378 STEPHEN WHITE " • " 312.00 10379 THOMAS MONTGOMERY " 302.00 10380 CHARLES DERSCHEID H " 122.00 10381 MICHAEL ROGERS 310.00 10382 SCOTT ANDERSON " 138.00 10383 LANCE BRACE H 320.00 10384 JAMES CLARK " " 332.00 10385 HOPKINS POSTMASTER Postage for utility bills 10.64 10386 ADVERTISER Ad-Park Planning dept. 6.4D 10387 CURTIS OBERLANDER Expenses 4.80 10388 ROBERT LISTIAK Expenses-State fire school 30.50 10389 U. S. POSTOFFICE Stamps for Public Safety 218.52 10390 G. G. KRANZ & SONS Application No. 7-City Hall add 21,330.00 10391 GRENDAHL MECHANICAL Application No. 4-City Hall add 7,621.50 TOTAL 240,589.39 • • 6312 7 • MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Stuart A. Fox, City Forester Sc. SUBJECT: Request for Public Hearing Regarding Procedures for Removal of Infected Trees and Wood DATE: June 2, 1978 The staff requests that a Public Hearing be held July 5, 1978 as per Ordinance 77-36. Provision and scope of such a hearing is outlined under Section 6, sub. a.2 of the tree disease ordinance. SAF:md • it /31; • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 2, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Ross Thorfinnson; Planner Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary 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 agenda: A. Change date of Council meeting from June 6 to June 7 because of Eden Prairie High School Graduation • MOTION: Meyers moved, seconded by Osterholt, to change the date of the Council meeting from June 6 to June 7, 1978. Motion carried unanimously. D. Schedule for seal coating streets (Under iten VII. ". of ninutes) C. Violations of our I-2 Zoning requirements (Under iter VII. A. of minutes) D. Request from Centex Homes (Under VIII. A. of minutes) E. Final plat for Timber Lakes Townhouses 1st Addition (Under VIII.B. of minutes) MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as amended and corrected. Motion carried unanimously. II. CONSENT CALENDAR (One motion to approve all items on the Consent Calendar) A. Set Public Hearing for Tamarac Addition by Edenvale for June 7, 1978 B. Set Public Hearing for Olympic Hills, Outlot B, 1st Addition, for June 7, 197B C. Set Public Hearing for Olympic Hills, Fifth Addition, for June 7, 1978 D. 2nd Reading of Ordinance No. 78-16, rezoning_Approximately 1.5 acre site from Rural to Public located east of future Hennepin County Library and north of Schooner Boulevard - E. Final plat approval for Amsden Hills II (Resolution No. 78-83) F. Final plat approval for Golf Vista Addition (Resolution No. 7B-84) eiq Council Minutes - 2 - Tues.,May 2, 1978 II. CONSENT CALENDAR (continued) G. Final plat approval for The Meadows 2nd Addition (Resolution No. 78-85) H. Designation of new MSA Street Mileage on portion of Schooner Boulevard and Dell Road—(Resolution No. 78-80-) 1. Set Hearing Date for Vacating Portion of Homeward Hills Road and Riverview Road in the Bluff's West Plat for June 7, 1978 J. Clerk's License List K. Payment of Claims Nos. 9410 - 10051 MOTION: Osterholt moved, seconded by Bye, to approve all items listed on the Consent Calendar. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. III. MINUTES A. Minutes of the Regular City Council Meeting held Tuesday, April 4, 1978, page 6 Continued from April 18th Council meeting) MOTION: Osterholt moved, seconded by Bye, to approve the minutes of the Regular City Council meeting held Tuesday, April 4, 1978, as amended on April 18. Motion carried unanimously. B. Minutes of the Special City Council Meeting held Thursday, April 13, 1978. MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the Special Council Meeting held Thursday, April 13, 1978, as published. Motion carried unanimously. IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from the Flying Cloud Airport Adhoc Advisory Committee to appear before the Council Mayor Penzel expressed his apology for any language that members of the Airport Adhoc Advisory Committee may have found offensive in his letter to Frank Befera, Chairman of M.A.C., dated March 13, 1978. Penzel further stated he did not mean to demean any of the activities of the committee. Kent Barker,member of the Airport Adhoc Advisory Committee, thanked the Council for the opportunity to appear before them and explained it is the problem of communications that concerns the committee. He further stated the committee is not totally satisfied at what they ultimately arrived at, but they tried to reach a workable compromise. Mr. Barker spoke to the continuation of an ongoing Adhoc Committee to continue communications and assessing airport operations, and reiterated points stressed in his communication to the Council dated April 2, 1978. Claude Schmidt, Director of Operations & Environmental Affairs for M.A.C., stated they would like to start from day one, and in that spirit would like to partake in the committee whether a voting or advisory member. Mr. Schmidt further noted the committee cannot do much to improve communications if M.A.C. is not invited. /3/5 • Council Minutes - 3 - Tues.,May 2, 1978 A. Request from the Flyi29 Cloud Airport Adhoc Advisory Committee to appear before the Council (continued) Tim Pierce, member of the Airport Adhoc Advisory Committee, suggested the committee should include a staff person from the City and a staff person from M.A.C. Sally Brown, member of the Airport Adhoc Advisory Committee, stated that without representation from M.A.C.)she doesn't know what the City can do. M.A.C. has the authority, not saying they should have voting power, but they would have the expertise. Mayor Penzel thanked the members of the Flying Cloud Airport Adhoc Advisory Committee, and requested that the committee be notified of the action to be taken by M.A.C. on May 15, 1978, regarding the Council's recommendation of April 18, 1978. V. PUBLIC HEARINGS A. COR Investment request to preliminary plat and rezone from Rural to RM 6.5 and Community Commercial for approximately 19 acres in the southwest corner of TH 5/Co.Rd. 4 for 4 commercial lots and 14 duplex lots. At the March 7, 1978 Council meeting, the proponents asked that their request as stated above be continued to the May 2, 1978 Council meeting, and that they be allowed to return to the Planning Commission with a modified plan. Upon Council motion, their request was granted. City Planner Enger stated the request of the proponents at this Lim- `s for 1 office site, 48 duplexes, and elimination of the commercial sites. The proponents are not requesting an apartment rezoning at this time. Enger further explained the Planning Commission recommended approval of the modified plan on 4/24/78 contingent on Staff Reports of January 18 and April 19, 1978. Director of Community Services Lambert spoke to the recommendations of the Parks, Recreation & Natural Resources Commission. Bruce Knutson, Bruce Knutson Architects, spoke to the proposal and answered questions of Council members. Al Rubinger, COR Investment,noted that quite awhile ago they contacted Mr. Moran, who lives in Kansas City, and asked if he wanted to join with COR. At that time Mr. Moran indicated he would just as soon leave his property the way it is. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-09, rezoning from Rural to RM 6.5 for 48 duplex units, contingent that extension of road to the West be worked out with Staff before the 2nd Reading. Motion carried unanimously. MOTION: Bye moved, seconded by Osterholt, to give a 1st Reading to Ordinance No. 78-10, rezoning from Planned Study to Office District for 1 office lot. Motion carried unanimously. /31(0 Council Minutes - 4 - Tues.,May 2, 1978 A. COR Investment (continued) MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a rezoning agreement for Office and RM 6.5, as well as the entire PUD, incorporating April 18, 1978 Staff Report, April 20, 1978 Staff Supplement, recommendations of the Parks, Recreation & Natural Resources Commission of December 5, 1977 on the trail and cash park fee, preliminary plat to show access to the property to the west, and scenic easements along lakeshore to be similar with those obtained in the Timber Lakes Estates. Motion carried unanimously. Approval of the Preliminary Mat, Resolution No. 78-37, continued to May 16th Council meeting subject to revision of same. B. Round Lake Area Trunk Sewer, Watermain and Street Improvements, I. C. 51-315 (Continued Public Hearing from April 4, 1978) City Engineer Jullie spoke to memo from RCM Associates, Inc., dated May 2, 1978, pertaining to the meeting he held with residents along Luther Way on April 25, 1978, where possible alternative road systems in connection with the proposed Round Lake Trunk Sewer and Watermain Project were discussed. Anita Stanley, 7685 Meadow Lane, asked how many parcels of land will be connected. Jullie responded approximately 15 to 20 homes would be added that would have existing Luther Way as their access. Dave Pavelka, 16725 Luther Way, questioned the procedures set as it would he asking the City Council to approve utilities running through the area before going through the process of platting the area and getting plat approval. Jullie explained the utilities are essential to the development process and the City will be expending engineering costs and working with the developer to come up with the best alignments. At this point the Council is not committing to anything but the expenditure of funds for the design process. Jullie further expressed his feeling that it would be reasonable to assure the developers that the City will be working with them to provide utilities that they will need to support their improvement. The specifications will be based on the final platting and will come back to the Council for final approval. Mrs. Boller, 7690 Heritage Road, questioned how many will be exiting on to Heritage Road. Jullie responded it would be people from the church and approximately 30 housing units who would have as their access points Highway 5, Heritage Road, West 72nd Street, or Valley View Road. Pauly questioned if 72nd Street is going to be abandoned at some time. Jullie responded in the affirmative and explained when Valley View Road is in place we won't have a need for 72nd Street and probably Duck Lake Road will be teed to go under the underpass. Mr. Westlake, 7710 Heritage Road, questioned if it is true with more ingress and egress you split up the traffic. Jullie responded in the affirmative and stated you spread out the traffic a little more. _ I3I') • Council Minutes - 5 - Tues.,May 2, 1978 • B. Round Lake Area Trunk Sewer, Watermain and Street Improvements (continued) Mr. Pierson, 7760 Meadow Lane, asked if the church does not go through what might. Jullie responded he thought it would be a continuation of the single family homes. • Mr. Westlake further questioned if the Highway Department would allow egress and ingress. Jul lie responded he has had a preliminary indication they would. MOTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and adopt Resolution No. 78-62, ordering improvements for I. C. 51-315, Round Lake Area Trunk Sewer, Watermain and Street Improvements, incorporating Staff recommendations on Alternate 10. Motion carried unanimously. Pauly suggested staff review the possible connection of bicycle trail through the Savaryn Parcel along the road connecting to Valley View Road and also along T.H. 5 as development plans for the parcel proceed. C. Raven Ridge by Edenvale to preliminary plat and rezone from Rural to RM 6.5 and R1-13.5 for 22 single family and 24 townhouses, Outlot V, Edenvale 3rd Addition, directly east of Edenvale Boulevard and West of of Edenvale 11th City Planner Enger explained the Planning Commission recommended approval of this proposal on March 27, 1978 as per Staff Reports datea March 13 and March 16, 1978. Enger further stated Mr. Pe`:-son is also asking the Council for side yard setback variances which were not requested at the time this proposal was approved by the Planning Commission. Don Peterson, Edenvale, spoke to his request for a variance for 1 lot below the 13,500, and side yard setbacks as used in the rest of Edenvale. If granted this request, the proponent stated he would also be able to save more trees. Director of Community Services Lambert spoke to the recommendations of the Parks, Recreation & Natural Resources Commission on April 10, 1978. Osterholt questioned if the townhouses are anticipated to be rental or for sale. Mr. Peterson responded they would be for sale at least in the $50,000 range, which would be the minimum. MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and adopt Resolution No. 78-78, approving the Preliminary Plat for Raven Ridge by Edenvale. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to give a 1st Reading to Ordinance No. 78-25, rezoning from Rural to RN 6.5 for 24 townhouses, and from Rural to RM 6.5 for 22 single family homes. Motion carried unanimously. • Council Minutes - 6 - Tues.,May 2, 1978 C. Raven Ridge by Edenvale (continued) MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a rezoning agreement incorporating recommendations of the Planning Commission, Staff Report dated March 16, 1978, Engineering Supplementary Report dated March 17, 1978, and recommendations of the Parks, Recreation & Natural Resources Commission regarding trail which is to be worked out before the 2nd Reading of Ordinance No. 78-25. Motion carried unanimously. D. Street Improvement on Lotus View Drive, I. C. 51-321 Larry Gardner, Bather-Ringrose & Wolsfeld, distributed information to the Council and persons in the audience interested in the proposal. Mr. Gardner then spoke to the detailed cost breakdown and answered questions of Council members. Mrs. Peter Shea, 6991 192nd Avenue, explained they have been under the impression the road would be put in and the price would be per lot rather than frontage. Mr. Gardner pointed out that the Shea's own property which consists of two buildable lots. Mrs. Shea explained they purchased the property as one lot. City Engineer Jullie stated he would see if somethina can be worked out un the assessment to the Shea's until property is divided. MOTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and adopt Resolution No. 78-79, contingent on acquisition of right-of-way for the street improvement. Motion carried unanimously. E. Street Improvement on Dell Road and Valley View Road through Edengate and Maple Leaf Acres, I.C. 51-326 City Engineer Jullie spoke to Resolution Nos.78-82 and 78-89, memo dated April 28, 1978, and answered questions of Council members. Dennis Griswold, representing Jarip Corporation, spoke in opposition to extending Dell Road through the project at this time as it creates a financial hardship for Jarip Corporation, Mr. Griswold asked Council to defer the improvement for at least a year. Howard Dahlgren, representing Edengate, and Jim Dorsey, legal counsel for Edengate, spoke in support of the proposed project. MOTION: Meyers moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 78-82, ordering improvements on Dell Road, I. C. 51-326, from the north end of Edengate through the project to Duck Lake Trail with the western portion of Duck Lake Trail realignment being part of the project;contingent upon receiving a letter from the Maple Leaf Acres developer pledging to construct that portion of Dell Road extending east to Duck Lake Trail realignment this summer as outlined by City Engineer Jullie, if not this project would encompass all the proposed improvements. Motion carried unanimously. l310) Council Minutes - 7 - Tues.,May 2, 1978 • E. Street Improvements on Dell Road and Valley View Road through Edengate and Maple Leaf Acres, I. C. 51-326 (continued) MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 78-89, authorizing the City to proceed with acquiring right-of-way. Motion carried unanimously. MOTION: Osterholt moved, seconded by Penzel, to order Staff to prepare a feasibility report on Dell Road and Hidden Ponds. Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-19, rezoning from Rural to R1-22 for Bryant Lake Estates, Thelma Griffith Haynes Property, 26 lots on approximately 24 acres and rezoning agreement MOTION: Osterholt moved, seconded by Meyers, to adopt the 2nd Reading of Ordinance No. 78-19, rezoning from Rural to R1-22 for Bryant Lake Estates, Thelma Griffith Haynes Property, 26 lots on approximately 24 acres. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning agreement with the amendment that the site distance barrier adjacent to Lot 9 be removed. Motion carried unanimously. • B. 2nd Reading of Ordinance No. 78-21, rezoning from Rural & Highway Commercial to I-2 Park for Minnesota Mini-Storage, 2nd Addition, by Bruce Hubbard and rezoning agreement MOTION: Pauly moved, seconded by Osterholt, to adopt the 2nd Reading of Ordinance No. 78-21, rezoning from Rural & Highway Commercial to I-2 Park for Minnesota Mini-Storage, 2nd Addition. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers, to approve the rezoning agreement with the following amendments: 1) Advertising signs prohibited other than name of business, and 2) delete 24 foot service road from Exhibit B map. Motion carried unanimously. C. 2nd Reading of Ordinance No. 78-18, rezoning 16 acres from Rural to R1-13.5 for Amsden Hills III, The Preserve, and rezoning agreement MOTION: Osterholt moved, seconded by Meyers, to adopt the 2nd Reading of Ordinance No. 78-18, rezoning 16 acres from Rural to R1-13.5 for Amsden Hills III, The Preserve. Motion carried unanimously. MOTION: Pauly moved, seconded by Meyers, to approve the rezoning agreement for Amsden Hills III, The Preserve. Motion carried unanimously. Council Minutes - 8 - Tues.,May 2, 1978 • VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of a UN Oay Chairman for 1978 Mayor Penzel recommended the appointment of Doug Lind as the UN Day Chairman for 1978. MOTION: Osterholt moved, seconded by Pauly, to appoint Doug Lind as the UN Day Chairman for 1978. Motion carried unanimously. 2. Set date for Special Council Meeting to discuss Guide Plan Council members set Tuesday, May 9, 1978, 6:00 PM, as the Special Council Meeting to discuss the Guide Plan. Additional reports from Council members: Osterholt requested a Staff report on what provisions we have for seal coating existing streets in our community, and questioned if we are abiding with the ordinance on the facade of buildings and also on outside storage. City Manager Ulstad explained he would prepare a report on these items to be included in the "For Your Information" packet to the Council members. Penzel spoke to the annual meeting of the Association of Metropolitan Municipalities inviting Council members to attend, and also if any members are interested in volunteering for an office in the League of Cities. B. Report of City Attorney City Attorney Ross Thorfinnson reported the City has received $60,000 on the lawsuit from Rauenhorst, and that the lawsuit regarding the School District was filed Friday, April 28, 1978. C. Report of City Manager City Manager Ulstad spoke to the preliminary draft of the Super Va1u rezoning agreement which was sent to the Council, and asked if the Council had any changes to let him know. . D. Report of Director of Community Services 1. Bid Award for heavy equipment • Director of Community Services Lambert spoke to Staff memo dated April 28, 1978, and answered questions of Council members. MOTIDN: Osterholt moved, seconded by Pauly, to award the bids for heavy equipment as per Staff memo dated April 28, 1978, subject to approval of designation of a multi-year project for • Community Development Funds for Edenvale and The-Preserve, and that the bids from International Harvester were not acceptable as they did not meet bid requirements and would not guarantee availability of equipment. Roll Call Vote: Osterholt, Pauly, Bye, Meyers and Penzel voted "aye". Motion carried unanimously. • Council Minutes - 9 - Tues.,May 2, 1978 2. Bryant & Riley Lake Users Fee Director of Community Services Lambert spoke to memo dated April 28, 1978, and answered questions of Council members. Pauly explained that people have called her on the use of the tennis courts and suggested somebody patrol the tennis courts or possibly have a sign-up sheet at the concession stand. MOTION: Meyers moved, seconded by Osterholt, to approve the Bryant & Riley Lake Users Fees as per Staff Report dated April 28, 1978)without increases in daily and seasonal passes for Bryant and Riley Lake. Also extend the hours of operation at Bryant Lake from 9:00 AM after school closes through Labor Day, and instruct Staff to secure funds for same. Roll Call Vote: Meyers, Osterholt, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. 3. Professional Services CSAH for Bikeway County Road 1 to Trunk Highway 5 Director of Community Services Lambert spoke to memo dated April 28, 1978, whereby Staff recommended contracting with Bather-Ringrose-Wolsfeld for a total cost not to exceed $12,000 for work outlined in memo. Osterholt questioned if other firms had been contacted tc this work. Lambert replied in the negative. City Manager Ulstad stated Staff would secure additional pronosals for the Council to consider. • E. Report of City Engineer 1. Replat of Lots 6, 7 & 8, Garrison Forest 2nd Addition (Resolution No. 78-86 , and settinghearin date for vacatin drains a and utility easements Resolution No. 78-87 City Engineer Jullie spoke to Resolution Nos. 78-86 and 78-87, and answered questions of Council members. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-86, approving the preliminary plat of Garrison Forest 3rd Addition. Motion carried unanimously. • MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-87, setting hearing date for utility and drainage easement between Lots 7 and 8, Block 2, Garrision Forest 2nd Addition. Motion carried unanimously. 2. Right-of-Way Purchase for T.H. 169 Ramp CNR Golden Strip Property City Engineer Jullie spoke to memo dated April 27, 1978, recommending a purchase price of $85,590 for right-of-way for T.N. 169 Ramp from Condon-Naegele Realty Company. Council Minutes - 10 - Tues.,May 2, 1978 2. Right-of-Way Purchase for T.H. 169 Ramp CNR Golden Strip Property (continued) MOTION: Osterholt moved, seconded by Bye, to authorize the payment of $85,590 to Condon/Naegele Realty for the right-of-way purchase for T.H. 169 ramp. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. 3. Request for a two-year extension of zoning agreement for Condon/Naegele Realty Richard Pepin, legal counsel for Condon/Naegele Realty, spoke to the request for an extension of the zoning agreement for a period beyond Schooner Boulevard being a reality. Meyers suggested the proponents come in with current concept plans and development plans and have Council review them again to determine on an extension. Mr. Pepin explained there are not any new plans, the PUD concept plan is the same. Council requested a report from City Staff by the May 16, 1978 Council meeting. VIII. NEW BUSINESS •A. Request from Centex Homes City Manager Ulstad spoke to request from Timothy Eller of Centex Homes requesting to appear before the Council. Council agreed to this request for Mr. Eller to appear before the Council on May 16, 1978. B. Final plat for Timber Lakes Townhouses 1st Addition City Engineer Jullie explained the proponents for Timber Lakes Townhouses 1st Addition have requested final plat approval, and the only question staff has is the scenic easement along Mitchell Lake. However, staff is satisfied this will be taken care of in the near future with an easement document. Larry Miller, Miller Homes, spoke to their request for final plat approval of only the Timber Lakes Townhouses 1st Addition at this time. He further explained the easement document is not ready as of this date. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-90, approving the Final Plat for Timber Lakes Townhouses 1st Addition contingent on memo from City Engineer Jullie dated 5/2/78 and upon receipt of scenic easement document. Motion carried unanimously. IX.ADJOURNMENT MOTION: Osterholt moved, seconded by Pauly, to adjourn the Council meeting at 11:35 PM. Motion carried unanimously. /32 • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 16, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; Planner Chris Enger, Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilwoman Joan Meyers 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 agenda:. A. Resolution on CETA application B. Motion to advertise for bids C. Discussion on use of chipper MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and corrected. Motion carried unanimously. • II. CONSENT CALENDAR A. Set Public Hearing for June 7, 1978 for Amsden Hills IV, rezoning from Rural to RM 6.5 for 11 duplexes B. Set Public Hearing for June 7, 1978 for Darkenwald Duplexes, rezoning from Rural to R1-13.5 for 2 existing single family homes and rezoning from Rural to RM 6.5 for 48 duplex lots, and preliminary plat approval C. Set Public Hearing for June 7, 1978 for vacation of Amsden Road west from Anderson Lakes Parkway to west line of Amsden Hills IV Addition D. Final plat approval for Edenvale 14th Addition (Resolution No. 78-93) E. Preliminary and Final Plat approval for Edenvale 5th Addition Resolution No. 78-94) F. Clerk's License List • Council Minutes - 2 - Tues.,May 16, 1978 II. CONSENT CALENDAR (continued) G. Payment of Claims Nos. 10052 - 10186 City Manager Ulstad requested that item A. on the Consent Calendar be removed as the proponents will not be ready by June 7th for their Public Hearing. MOTION: Pauly moved, seconded by Osterholt, to approve items B - G on the Consent Calendar, thus deleting item A. Roll Call Vote: Pauly, Osterholt, Bye, Meyers and Penzel voted "aye". Motion carried unanimously. III. MINUTES A. Minutes of the Regular City Council Meeting held Tuesday, April 18, 1978 Pg. 5, 8th para., 2nd line, strike "Popovich" and insert "Thorfinnson". MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the Regular City Council Meeting held Tuesday, April 18, 1978, as amended and published. Motion carried unanimously. B. Minutes of the Special City Council Meeting held Thursday, April 27, 1978 MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the Special City Council Meeting held Thursday, April 27, 197° as published. Motion carried unanimously. IV. PUBLIC HEARINGS A. Hillsborough and Hillsborough Second, The Preserve, rezoning from Rural to R1-13.5, and preliminary plat approval of 80 acres into 149 lots City Manager Ulstad explained this is a continued Public Hearing from April 4, 1978, at which time the Council referred this proposal hack to the Planning Commission, Parks, Recreation & Natural Resources Commission, and Staff,' and the proposal presented to the Council this evening is a modification of the proposal which the commissions originally considered. Don Hess, representing The Preserve, reviewed the revised plat as approved by the Planning Commission on April 24, 1978, reducing Hillsborough Second from 115 lots to 112 lots. City Planner Enger spoke to the Planning Commission meetings held February 13, March 13, and specifically to the meeting held April 24, 1978,where the revised plat was approved. Director of Community Services Lambert reviewed the Parks, Recreation & Natural Resources Commission meeting held Monday, May 15, 197B, whereby approval was recommended for Hillsborough First and Hillsborough Second, contingent on protective covenants being worked out regarding lots being platted into the conservancy zone. Mr. Hess stated the proponents ,QOC Council Minutes - 3 - Tues.,May 16, 1978 A. Hillsborough and Hillsborough Second (continued) agree with the reconmendation of the Parks, Recreation & Natural Resources Commission and are willing to work out an agreement with • the City pertaining to sane. Pauly asked if Staff has been in touch with Mr. Jedlicka. City Planner Enger responded Mr. Jedlicka has not been contacted, but he will be served with access to his property. Pauly requested Mr. Jedlicka be contacted before final plat approval. MOTION: Bye moved, seconded by Meyers,to close the Public Hearing and approve the 1st Reading of Ordinance No. 78-15, rezoning from Rural to R1-13.5 for Hillsborough and Hillsborough Second. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-53, approving the revised preliminary plats for Hillsborough and Hillsborough Second. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 78-59, granting PUD approval for Hillsborough Second. Motion carried unanimously. Bye encouraged any proponents to come up with the best possible proposal initially, will not be necessary for the proponents to go back through the various boards and commissions with a revised plan. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a PUD developers agreement and rezoning agreement, incorporating recommendations of the March 2nd and April 19th Staff Reports, the April 24th Planning Commission recommendations, and the May 15th Parks, Recreation & Natural Resources Commission recommendations, adding that the land in the conservancy zone within the lots in Hillsborough 1st Addition be dedicated in scenic easement to the City. Motion carried unanimously. B. Prairie East 4th, 5th & 6th, request by Hustad Development Corporation for PUD approval, rezoning from Rural to RN 6.5 and R1-13.5, and preliminary plat approval (Continued Public Hearing from 4/1B/78) Discussed with item C. C. Prairie East 7th, 8th and 9th, request by Hustad Development Corporation for reaffirmation of PUD multiple concept, rezoning from Rural to RM 6.5, and preliminary plat approval (Continued Public Hearing from 4/18/78 Both items B. & C. were discussed at same time. Jim Ostenson, Hustad Development Corporation, explained that since the April 18th Council meeting the proponents have gone back through the Parks, Recreation & Natural Resources Commission and the Planning Commission and have 1) increased the park area from 5.1 acres to 8.3 acres, 2) taken out 3 quad buildings,.3) removed 4 single family lots, 4) agreed to the riqht-of-way from Franlo Road to be 50 feet together with the sidewalks, 5) agreed the park to the north to be private, and 6) have gone from 56 units to 52 units in the 7th Addition. • Council Minutes - a - Tues.,May 16, 1978 Prairie East 4th, 5th, 6th, 7th, 8th and 9th (continued) City Planner Enger stated the Prairie East 4th, 5th, 6th, 7th, 8th and 9th Additions were considered at the February 27, March 13, March 27, April TO and May 8th Planning Commission meetings, and at the April 3rd and March 1st Parks, Recreation & Natural Resources Co mission meetings. One of the main items of concern was the provision of open space and in what way it would be provided. Director of Conmunity Services Lambert spoke to the recommendations of the Parks, Recreation & Natural Resources Commission and reiterated the Commission's concern about getting a south neighborhood park site tied down. Meyers suggested it might be well that we require,along with the grading and seeding,the installation of some tot lot play structure. Bye expressed concern as to how the price would be determined on the park site to the south. Lambert responded an appraisal would be made and that would be the price the City would offer. Bye further stated we have seen when a zoning situation occurs the land value immediately goes up, then the governmental entity conies in and buys the same piece of property back at an increase. Bye suggested maybe the park should come first. Osterholt expressed his misgivings on locating the park in the southerly area as he thought it should be in the vicinity of County Road 1. Penzel asked the proponents if they would be willing to commit to $7,500 per acre price. Ostenson replied the appraisals referred to were taken about a year ago, however, it may be in the $8,500 to $9,000 per acre range. Pauly questioned if the reason for selecting the south location was because it would be cheaper. Ostenson replied it would be cheaper as there are no assessments on the property. Ken Franz, 9880 Squire Lane, expressed concerns, i.e., park space always has water around it which is unfortunte, difficult to get to tot lot without driving and, if it is necessary to drive, there should be provisions for parking, took consensus of people in the 2nd Addition and when they bought it was their understanding it would be left natural, and felt City should acquire and leave in natural state to reduce maintenance factor. Denny Moore, 10081 Laurel Drive, stated in speaking with neighbors in the 1st Addition regarding the park in the 7th Addition, they are concerned about the park being public land as opposed to private. They don't know who the private is and are interested primarily in the land being public land. Would be interested in the land being developed into a park, a mini-park, or something; however in public ownership. Susan Short, 10101 Laurel Drive, agreed with Mr. Moore, if the City does not want to develop the land in the 7th Addition she does not mind if it were left in the natural state. If it belongs to the townhouse people, her children would not be able to play there anyway. /327 • Council Minutes - 5 - Tues.,May 16, 1978 Prairie East 4th, 5th, 6th, 7th, 8th and 9th (continued) Frank Thomas, 9785 Garrison, stated his main concern is preserving as much of the wooded area as possible for privacy reasons. Ostenson responded the developers would be retaining the small trees, the large trees are elm and will be taken down, and there are some large oak which they will try to save. Meyers questioned who would be responsible for the northern open space area adjacent to the 7th Addition. Ostenson responded it would be the responsibility of the homeowners association in the townhouse project in the 7th Addition and in the 8th and 9th Additions also. Meyers asked where the 8th and 9th Additions would go for recreational facilities. Mr. Woodland, Windsor Corporation, replied to the recreational facilities in the southern part. Meyers questioned if there were going to be some improvements made in the storm water ponding. Rick Sathre, McCombs-Knutson, explained they plan to install a culvert at the end of the private or public open area. The purpose would be to level off the flow. Osterholt asked if there would be a possibility of Prairie East 7th Addition being developed with single family homes since they will be backed up to single family homes. Enger responded this would be a possibility. Bye asked if a total has been derived on these properties as to ^-rh park fee. Lambert responded in excess of $400,000.00. Osterholt requested Staff to come with a recommendation for the best place for the school/park site. Penzel questioned where the most useful park site would be. Lambert responded in the northeast corner. There is only 17 acres, but the school/park site would fit in. Motions for Prairie East 4th, 5th & 6th MOTION: Bye moved, seconded by Pauly, to close the Public Hearing and adopt Resolution No. 78-92, approving the Pll0 concept with the clear understanding that the Staff and developer will enter into negotiations to alleviate some of the concerns, i.e., pin down where the park is going to be and the cost. Bye, Pauly, Meyers and Penzel voted "aye", Osterholt voted "nay". Motion carried. MOTION: Bye moved, seconded by Pauly, to approve the 1st Reading of Ordinance No. 78-22, rezoning from Rural to R1-13.5 and RM 6.5 for Prairie East 4th, 5th and 6th. Bye, Pauly, Meyers and Penzel voted "aye", Osterholt voted "nay". Motion carried. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-65, approving the preliminary plats for Prairie East 4th, 5th and 6th, with a revision that an access be provided to the 5th Addition to the property to the east. Bye, Meyers and Pauly voted "aye", Osterholt and Penzel voted "nay". Motion carried. 1 32t • Council Minutes - 6 - Tues.,May 16, 1978 Motions for Prairie East 4th, 5th and 6th (continued) MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a rezoning agreement for Prairie East 4th, 5th and 6th, including recommendations of the Planning Staff report dated March 23, Engineer's memo dated March 23, Parks, Recreation & Natural Resources Staff Report of April 28, as well as May 4 Planning Staff supplement report, actions of May 8th Planning Commission meeting, and provision on the 8 acre park site for the tot lot play facility and ball field facility including backstop. Motion carried unanimously. Motions for Prairie East 7th, 8th and 9th Osterholt felt the distance suggested from the single family lot lines in the 7th is not far enough. Would like to take action only on the 8th and 9th at this time and continue the 7th until there are some alternate plans on the 7th. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing on Prairie East 8th and 9th and give a 1st Reading to Ordinance No. 78-23, rezoning Prairie East 8th and 9th from Rural to RM 6.5, and continue the Public Hearing on the 7th to June 7, 1978. Motion carried unanimously. MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-66, approving the preliminary plats for Prairie East 8th and 9th, deleting the 7th at this time. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a rezoning agreement for the 8th and 9th Additions, including recommendations of the Planning Staff Report dated March 23, Parks, Recreation & Natural Resources Staff Report dated April 28, Staff Report of May 11, recommendations of the May 4th Planning Staff Report, including provision of at least one outdoor recreational facility of either a children's play structure or playground equipment in each of the 8th and 9th Additions away from the water, and noise abatement along County Road 18. Motion carried unanimously. D. Bachman-Anderson Center, request by Bachman-Anderson, Inc., for rezoning from Rural to Office for approximately 12 acres located north of Anderson Lakes and South of I-494 Dan Militzer, Officer with Bachman-Anderson, explained their company is a professional service type company and that the building as proposed would be a credit to Eden Prairie as it will be a luxury building. Larry Cramer,developer representing Bachman-Anderson, explained the process they have followed, i.e., through the Planning Commission, Parks, Recreation & Natural Resources Commission, and the Nine Mile Creek Watershed District, and have worked closely with Eden Prairie staff. Mr. Cramer further stated the proponents have altered the grading plan extensively, the drainage plan is sensitive to the lake, and they have responded to the neighbors to the east pertaining to changing the plans to soften the building. Doug Baird, Architect for Bachman-Anderson, showed slides of the existing land and referred to model depicting the building and its placement on the site. /3aq • Council Minutes - 7 - Tues.,May 16, 1978 D. Bachman-Anderson Center (continued) City Planner Enger reviewed the Planning Commission meetings of March 27 and April 10, the Parks, Recreation & Natural Resources Commission meetings of April 6 and April 17, and approval given by the Watershed District on April 19 for preliminary grading. Enger also referred to the Staff Report dated April 6 that the commissions addressed and make their approvals contingent upon. Director of Community Services Lambert spoke to the recommendation for approval at the Parks, Recreation & Natural Resources Commission on April 17 with the 10 conditions listed in the Planning Staff Report dated April 6, 1978. Enger reiterated one of the concerns is the impact of traffic on W. 78th Street, explaining that we have received a preliminary copy of a design that does incorporate merging of W. 78th Street from I-494 to the existing interchange area. The District 5 office of the Minnesota Highway Department is very acceptable to include the merging land as part of the interchange upgrading,but they have yet to have it approved by the Central office. Enger further explained an Environmental Assessment Worksheet is not required on this site. Meyers asked if construction were started on the building this summer, when would the project be completed. Mr. Baird responded Spring of 1978. Philip Getts, attorney representing the Anderson Lakes Property Owners Association, spoke to concerns of the property owners, i.e., lonn term development along Anderson Lakes has not been addressed at all, requested Council to ask that an Environmental Assessment Worksheet on development along north shore be prepared and then to make a decision as to if an Environmental Impact Statement is necessary, large amount of wildlife habitat will be disturbed, visual impact of the building on the lake, should not approve until Watershed District has a complete drainage plan and assurance from the Watershed District on enforcement of the plan once a permit has been issued, request the Council to instruct staff to prepare a development agreement to be submitted to the property owners for review and suggestions from the property owners, then back to the Council for review before action is taken on the rezoning request from Bachman-Anderson. Bud Belk, 8116 Ensign Road, referred to the Ancor development to the east in Bloomington, and how residents were concerned about the aesthetics and these concerns were worked out with the developer. Thus far the residents have not received this type of cooperation from Bachman-Anderson. Frank Hartmann, 8216 Ensign Road, President of the Anderson Lakes Homeowners Association, submitted a petition (attached as part of minutes) requesting an environmental impact statement. Mr. Hartmann further stated the property owners are not against an office building, but are against such a big one. Would prefer a two story building rather than a 4 story one. Lyman Olson, 8016 Ensign Road, spoke in opposition to_a four story building and asked that the ridge be left as a buffer zone. Mr. Olson expressed his concern about the parking area and requested that all parking be underground. /33J Council Minutes - 8 - Tues.,May 16, 1978 D. Bachman-Anderson Center (continued) Don Opheim, 13731 Theresa Place, stated he was impressed with the project as planned and the work that has been done by the developer and City staff. He feels it is an extremely good use of the site. Jan Hubred, 8056 Ensign Road, asked that the developer put the building on the other side of the hill. She was assured by a realtor when they bought their home this type of development could never happen. Geneva Middleton, 9411 Timber Trail, board member of the Anderson Lakes Property Owners Association, expressed her concerns, i.e., Gelco cannot be seen visually, however, this proposal sits on the major part of the lake, oaks will die with construction close to them, it is very close to the residential area, asking for an Environmental Impact Statement so that as things come in they don't have to be dealt with one at a time, and requested that the rezoning be laid over until an Environmental Impact Statement is completed MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-26, rezoning from Rural to Office for approximately 12 acres located north of Anderson Lakes and South of I-494 for Bachman-Anderson Center. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a rezoning agreement including items 1 - 10 on page 7 of the April 6th Staff Report, adding to 10 the Parks, Recreation & Natural Resources Commission recommendation about security lighting, and adding a new item 11 that the colors of the building and parking ramp be comparable with surrounding area. Further that the proponent, through the City Staff, work with the surrounding neighbors regarding review of the landscaping plans and drainage plans. City Engineer Jullie was requested to obtain a response to the traffic situation prior to the 2nd Reading of Ordinance No. 78-26. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting past the 11:30 PM scheduled adjournment time. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Dr. Lund for an interim Office Use Permit Agreement for a single family residence at 7928 Eden Road MOTION: Osterholt moved, seconded by Bye, to approve the request of Dr. Lund for an interim Office Use Permit Agreement for his single family residence at 7928 Eden Road for a 5 year period. Motion carried unanimously. B. Request from Timothv Eller, Assistant Vice President of Centex Homes, to appear before the Council Due to the lateness of the hour, and the fact that Mr. Eller would like to make a 30 - 45 minute presentation, Mayor Penzel asked if Mr. Eller would be willing to appear before the Council at the next scheduled Guide Plan meeting. Mr. Eller replied he would be happy to do so. 631 • Council Minutes - 9 - Tues.,May 16, 1978 VII. ORDINANCES & RESOLUTIONS A. Resolution No. 78-90, PERA for CETA employees MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-90, approving PERA for CETA employees. Motion carried unanimously. B. Resolution No. 78-37, approving preliminary plat for COR Investment City Planner Enger explained he has been working with the proponents and they are agreeable to the scenic easement. Steve Young, representing Knutson Architects, described the revised plat dated May 16, 1978 showing the scenic easement. MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 78-37, approving the preliminary plat for COR Investment dated May 16, 1978. Motion carried unanimously. C. 2nd Reading of Ordinance No. 78-25, rezoning from Rural to RM 6.5 and R1-13.5 for Raven Ridge by Edenvale and rezoning agreement MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading of Ordinance No. 78-25, rezoning from Rural to RM 6.5 and R1-13.5 for Raven Ridge by Edenvale. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning agreement for Raven Ridge by Edenvale. Motion carried unanimous'';. D. Resolution No. 78-96, acquisition of utility easement across Lot 4, Block 1, Edenview Addition, I. C. 51-300 City Engineer Jullie explained he has been meeting with Mr. Seaman and he has not been able to come to reasonable terms with Mr. Seaman. Jullie requested the Council to start eminent domain proceedings and direct staff to try and work out a satisfactory agreement if possible. Council so directed. MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-96, for acquisition of Utility Easement, I. C. 51-300. Motion carried unanimously. VIII. REPORTS DF OFFICERS, 80ARDS & COMMISSIONS A. Reports of Council Members Mayor Penzel referred to invitation from the Minnesota Department of Public Safety for the Council to attend a seminar on hazardous materials safety at the Minnesota Department of Transportation Training Center in Arden Hills for June 13 and June 14. ►332 Council Minutes - 10 - Tues.,May 16, 1978 B. Report of City Manager I. Report on rezoning agreement for Condon/Naegele Realty City Manager Ulstad referred to opinion from City Attorney Thorfinnson and answered questions of Council members. Bye questioned if his interpretation of Mr. Thorfinnson's opinion was correct that the proponents could continue with the existing zoning agreement unless there are changes in the developmental plan for this area. Mr. Ulstad replied that Bye's interpretation was correct. No action necessary. 2. Rescheduling of July 4, 1978 Council meeting MOTION: Bye moved, seconded by Osterholt, to reschedule the Council meeting of July 4, 1978 to July 5, 1978. Motion carried unanimously. • 3. Set date for next Guide Plan meeting MOTION: Osterholt moved, seconded by Bye, to set Tuesday, May 23, 1978, 7:30 PM at the Eden Prairie City Hall, for the next Guide Plan meeting. Motion carried unanimously. 4. Appointment of City Attorney Councilwoman Pauly excused herself from the Council meeting during this item of business. Mayor Penzel sooke to the process undertaken to appoint a City Attorney for Eden Prairie, and referred to letter from Councilwoman Pauly. (Letter from Councilwoman Pauly attached as part of minutes). City Manager Ulstad recommended the appointment of the Lang & Pauly law firm as City Attorney for Eden Prairie. Further Ulstad requested the Council to direct him to ask an opinion from the Attorney General that the engagement of a legal firm, of which one of its principals is the spouse of a member of the City Council, and the designation of such principal as City Attorney would not be invalid under or in violation of M. S. 412.311 or 471.87. MOTION: Bye moved, seconded by Meyers, to appoint the firm of Lang & Pauly as City Attorney for the City of Eden Prairie, and that the City Manager seek a legal opinion from the Attorney General. Motion carried unanimously. �333 Council Minutes - 11 - Tues.,May 16, 1978 Councilwoman Pauly returned to the Council meeting. 5. Request from League of Minnesota Cities MOTION: Osterholt moved, seconded by Meyers, to pledge $1D0.00 to the League of Minnesota Cities to investigate alternative insurance possibilities. Roll Call Vote: Dsterholt, Meyers, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. 6. Receive and award bids for two satellite stations and an addition to the main facility for the Fire Department Mr. Kodet, Dickey/Kodet,Architects/Incorporated, spoke to bids received and answered questions of Council members. MOTION: Dsterholt moved, seconded by Bye, to award the bid to the lowest responsible bidder, C. 0. Field Company, in the amount of $529,900.00, and Alternate A-1 in the amount of $17,60D.DO, as per communication from Dickey/Kodet/Architects/ Incorporated dated May 11, 1978. Color other than white to be used, and that Council be advised of what the color will be. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. 7. Definition of Section 2, Subd. 2.7 of Ordinance No. 135, Special Requirements pertaining to Design Continued to June 7, 1978 Council meeting. C. Report of City Engineer 1. Receive feasibility report for extension of sanitary sewer on Eden Road - AMOCO site, I. C. 51-32D MOTION: Dsterholt moved, seconded by Bye, to adopt Resolution No. 78-95, receiving feasibility report and calling for a hearing for June 7, 1978. Motion carried unanimously. 2. Discussion of transportation projects and priorities City Engineer Jullie spoke to memo dated May 16, 1978 regarding transportation projects. City Manager Ulstad recommended approval of the projects and priorities as submitted by City Engineer Jullie, recognizing from time to time priority lists can be changed. Osterholt suggested this proposal should be brought to the attention of the public, i.e., 5 or 10 minute presentations, a press conference, and through commissions. MOTION: Pauly moved, seconded by Bye, to approve the priority list for transportation projects as per memo dated May 16, 1978,with the • following revisions: 1) add Hidden Ponds 2nd Addition to item 6, • 2) reverse 13 and 14, and 4) delete 18. Further that the City Manager pursue alternative financial methods. Motion carried unanimously. 1'33( Council Minutes - 12 - Tues.,May 16, 1978 IX. NEW BUSINESS A. Resolution on CETA application MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 7B-97, regarding Title VI CETA Application. Motion carried unanimously. B. Motion to advertise for bids MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-98, approving Plans and Specifications and ordering advertisement for bids (I. C. 51-319) for utility and street improvements in Norseman Industrial Park 2nd Addition. Motion carried unanimously. C. Discussion of use of chipper General discussion took place regarding the use of the chipper. X. ADJOURNMENT MOTION: Osterholt moved, seconded by Meyers, to adjourn the Council meeting at 12:45 AM. Motion carried unanimously. May 4, 1978 ti/ t E P / /' PEPITION TO CITY OF EDEN PRAIRIE CONCERNING: BACHMAN - ANDERSON DEVELOPMENT We, the undersigned, request that an environmental impact statement be required by the City of Eden Prairie with respect to the development plans for the Bachman-Anderson property. Recently disclosed plans call for a 4-5 story office building along with a 500 car parking lot requiring substantial grading. As property owners and residents near this site, we feel this development as currently planned will adversely affect residential property values, traffic flow and the overall quality of life in an area where the original natural environmental quality should be maintained. An environmental impact statement will serve to safe- guard our rightful interests. • e <y 9S5 v %r/i2 awe 2�.4r�t �2 E r �C .f%ts=z� _ a 1/7-1 75-6/ -7,;, ‘,(/';2;;„/ ����z �z� 9S(o 133 4� L May 4, 1978 g/004., I4o4 PETITION TO CITY OF EDEN PRAIRIE CONCERNING: L BACHMAN - ANDERSON DEVELOPMENT We, the undersigned, request that an environmental impact statement be required by the City of Eden Prairie with respect to k the development pl:an5 for the Bachman-Anderson pr peal.y. Recently disclosed phIns call for a 4-5 story office building along with .i 500 car parking lot requiring substantial grading. As property owners and residents near this site, we feel this development as currently planned will adversely affect residential ;;rope is y Value , tt,, flc flow and the overall quality of life in an area where the original natural environmental quality should be maintained. An environmental impact statement will serve to safe- guard our rightful interests. • `-q 617 /975/ c -�, 7-7-, o fo/ a-.--.,-7,, R 0 h7 y 5-- /6/-7d- 1t/ zv c/ Ica„i go33� ..1 A., x. t+u,_ (1 D ._C-7- 7 Y . ./T*.---,,,,v, - -1,,,v,r....,--,________ Fa I r%.4.z- . +6Z(7 : 55- 'I-7S> .. c •ZixJ S'Ud5/ 731- •LQ-' .4-A.4 .S,. • 477/70 <gr Cal '---u 8 •3.3 *-,,,4...,_, a,- A°. 5/7/,71--- ,Ii Cf 'trr dye 413 T ht „4.4., .: _ is. 7/s - — ,� , �7��/ ,Ln�!C proy ,,./sec✓;ram 07 r tc,D`C i 4.-c 1"°9 4,4- .24, • St 7 7.5, V/a yam`` )b. (%�c,,. Yon 9 i�.1 a err 1331 ‘371 _ - - . 7 y/7 g - ( - J o 3 /7t erpti 5t9a_./WM D Q°Z S C�Ccp i , //o/7 e 7 I U-'—e y/0 7 May 4, 1978 PETITION TO CITY O1• EDEN PRAIRIE CONCERNING: a-c- BACHMAN - ANDERSON DEVELOPMENT We, the undersigned, request that an environmental impact statement be required by the City of Eden Prairie with respect to the development plans for the Bachman-Anderson property. Recently disclosed plans call for a 4-5 story office building along with a 500 car parking lot requiring substantial grading. As property owners and residents near this site, we feel this development as currently planned will adversely affect residential property values, traffic flow and the overall quality of life in an area where the original natural environmental quality should be maintained. An environmental impact statement will serve to safe— guard our rightful interests. 612-- ---- a ✓r/d/71 fro 3 J y 6_42 ti,14 7,-,7 "-- S o 0 jAvr`` t J/ .�5)v3 ' s�,zo� / lie ����G -r��/7 Y O S� �iu,�� A� (( y f�ca42/�,•l, - C\1 IS .5?I e't %\fltcCX • ‘kvwxj‘\ zA..‘, . 5-'g-7 S) gl .QtQ `- - l'C.f-7, y - ![ - 1y Soq�� , / ..d 1T Lk . , ,4 I39 1 May 4, 197E PETITION TO CITY OF E:DEN PRAIRIE CONCERNING: BACHMAN - ANDERSON DEVELOPMENT We, the undersigned, request that an environmental impact statement be required by the City of Eden Prairie with respect to the development plan' for the Bachman:-Anderson property. Recently d rclo td plans call far a 4-5 story office building • along with a 500 car parking lot requiring substantial grading. • As property owners and residents near this site, we feel this development as currently planned will adversely affect residential property values, traffic flow and the overall quality of life in an area where the original natural environmental quality should be maintained. An environmental impact statement will serve to safe- aguard our rightful interests. r isL addL • -c/e7s, e..c.-.,._. -,,c <es� P 2-o Y F-r.O.J.,.� Il'c� 5-774c - fl,b1,-, 8t;t Fes,^ . . ,7 j.10,,,w; , .vittalc, /t /, 5-/y/7,5 �Gz-1 /2 4 c/3-2 C-i-oc _,., ,C"ct� /1/ 78 /°!� 1L21Zlef� / s y�, �L k 2-/lam g �1 ,, ,f/ � . _ Atiy;),A,-i,)- P--/6 ''''''f-ri ° 71/017g -.0 1 ultt_c2) qa---:-.4T-YL—, ,1)1 G (P.S1AL., - J /1tPL. < r� Q c�, 1�u l 9979 ii3took,v d( aCeAzci 5//c/1 K yy -c, ti-d c�ia.w�- FS216, Fins/yr, G�' jj . %/7,il Ca. :. -7.-wl/ eZ er r•-•-t--a. i 7„ 7•?) ,42t4, in t' 4 s, 1,.. t„,...,,. Ref. 01 May 4, 1978 PETITION TO CITY OP EDEN PRAIRIE CONCERNING: BACHMAN - ANDERSON DEVELOPMENT We, the undersigned, request that an environmental impact statement be requ:ired by the City of Eden Prairie with respect to the development plans for the Bachman=Anderson property. Recently disclosed plans call for a 4-S story office building along with a 500 car parking lot requiring substantial grading. As property owners and residents near this site, we feel this development as currently planned will adversely affect residential property values, traffic flow and the overall quality of life in an area where the' original natural environmental quality should be maintained. An environmental impact statement will serve to safe- guard our rightful interests. • -7 I..,,•, J.�Jc� i;iof 1r,Srin(u..c S'lr)b / ,C ask Y/ei cam' C*xe-S $,12/7if 5 ek;i1.,-1--t A 6 r - /0 , 1=-4-271' 6,,,)•-,-( -4/7/17 r Flo 2 -x-a.„1„, ee-t.A r-. 77A y.k/oc� �-.. P '44- p/o ,,,.�� ' CC .•i iy)/>, .6 7/76-- (?,,,..,..., 6/9/71/ by tin _TA-1,14.,...._ IN` rl((ern teal., -- clt-fi--LA,_, Y lb 6t-.0 , G--suLL, - 5/q/71 . Ca, 9 iy A . ,-.-__1:::1 ,0--7., K.,r,,,C ,r1)d)-- C1117-.-74.- * - , 6:'tez '7,4ciii•E' . 5/a-c.--gi.sci,-( -etteo-e_ _AL.tom (, _.., , g// (o,,� ,. _ zs//54 7 � 131i1 I May 4, lVid PETITION TO CITY OF EDEN PRAIRIE CONCERNING: BACHMAN - ANDERSON DEVELOPMENT We, the undersigned, request that an environmental impact statement be required by the City of Eden Prairie with respect to the development plans for the Bachman-Anderson property. Recently disclosed plans call for a 4-5 story office building along with a 500 car parking lot requiring substantial grading. As property owners and residents near this site, we feel this development as currently planned will adversely affect residential property values, traffic flow and the overall quality of life in an area where the original natural environmental quality should be maintained. An environmental impact statement will serve to safe- guard our rightful interests. i t /(/ /� f)et -i /�v7,� CJ /// d 7^S/ ./U • • �3q 611617 F I would like to make the following statement concerning • my position as City Council member and the proposed selection of my husband's law firm, Lang and Pauly, ss Eden Prairie legal counsel. I was not present or involved when any of the discussions concerning the selection took place. I feel an obligation to serve out the remainder of my elected term. A Council member's decision making power does not seem to be in conflict with a spouse who is a member of the advisory staff. Naturally, I will defer to a legal opinion on this matter. Finally, I realize that I would be personally uncomfor:.,Ible working in local Political campaigns as the wife of the City Attorney. Consequently, I would not run for re-election, nor involve myself in local elections for the remainder of my term, or while my husband would serve as City Attorney. ,/ 'C(LC7 1 SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 23, 1978 • 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad, Planning Director Chris Enger, City Engineer Carl Jullie, and Director of Community Services Bob Lambert The meeting was called to order at 7:30 PM by Mayor Penzel. Roll Call was taken: Penzel, Bye, Meyers and Osterholt present, Pauly absent. Mr. Tim Eller, Assistant Vice President of Centex Homes, appeared before the Council speaking to Centex's desire to propose a plat of approximately 88 j. acres consisting of lots with an average size of 10,000 square feet. The City Council suggested that the proponents review the present ordinances relating to platting and submit their proposal accordingly. The Council took no further action. Chapter 5 of the Guide Plan was completed. Suggested changes were discussed and the Council requested Staff to provide additional recommendations for Council consideration at their next Special Guide Plan meeting. MOTION: Bye moved, seconded by Osterholt, to set the next Guide Plan Meeting for May 30, 1978, immediately following the Board of Review meeting. Motion carried unanimously. MOTION: Osterholt moved, seconded by 8ye,to appropriate $10,500.00 from the Surplus Fund to the Public Safety Department in the General Fund. Roll Call Vote: Osterholt, Bye, Meyers and Penzel voted "aye". Motion carried I unanimously. I MOTION: Meyers moved, seconded by Bye, to adjourn the meeting at 10:15 PM. Motion carried unanimously. r 1 /311LI MINUTES BOARD OF REVIEW MEETING TUESDAY, MAY 30, 1978 8:00 PM, CITY HALL BOARD OF REVIEW MEMBERS PRESENT: Mayor Wolfgang Penzel, Billy 8ye, Dave Osterholt, and Sidney Pauly BOARD OF REVIEW MEMBERS ABSENT: Joan Meyers BOARD OF REVIEW STAFF PRESENT: City Manager Roger Ulstad, City Assessor Bob Martz, City Staff Appraisers Lorna Thomas and 8ob Kern, Hennepin County Assessor Don Monk The Board of Review was called to order by Mayor Penzel at 8:06 PM. The following people appeared and were heard by the Board of Review: 1. 56951 - 3000, Ray Stodola, parcel to be physically viewed and value reviewed. 2. 57031 - 4300, Julie Biebel, property valuation to be reviewed. 3. 56901 - 2400, Arlene Elin, property valuation to be reviewed. 4. 56915 - 4500, Mike Kep, no board action; will come in to City Assessor': office to view neighbors values. 5. 56760 - 8500, Jack Clark, no board action, satisfied with explanation of value by City Assessor. 6. 56736 - 9000, Helen Fowler, property valuation to be reviewed. 7. 56780 - 3300, Earl Dragert, property valuation to be reviewed. 8. 56780 - 6925, Bill Reitherman, property valuation to be reviewed. 9. 56729 - 4800, Ed Norberg, to contact City Assessor if he wants property valuation reviewed and property physically viewed. MOTION: Osterholt moved, seconded by Pauly, to reconvene the Board of Review Meeting at 7:30 PM on June 6, 1978. Motion carried unanimously. /3(15 June 7, 1978 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-106 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE EAST 7TH ADDITION BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Prairie East 7th Addition cated , 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 i l0 MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services t14-► SUBJECT: Neighborhood Park Site Franlo Rd. and Co. Road 1 DATE: June 1, 1978 • Mr. James Ostenson, Hustad Development, and I met on May 24, 1978 to discuss the location and cost of the neighborhood park that will be serving the Prairie East PUD. We have agreed on a 20 acre site located south of County Road 1 and east of Franlo Road, which is described as the north half of the northwest quarter of the northeast quarter of section 36 (see attached map). Mr. Ostenson and I discussed the price of the property. Mr. Ostenson noted that an appraisal made in 1977 on the nearest site, which would be the southeast quarter of the intersection of County Road 1 and Franlo Road, indicated an appraised value of approximately $7,500 per acre. He also indicated that a site adjacent to Purgatory Creek, approximately 1,500 ft. east of the park site, has been appraised at $10,000 per acre and the City has an option on that property at $10,000 per acre. He then pointed out that this site was relatively close to halfway between those sites and that the carrying costs for another year have incrc:;ed the value of the site; :.:;arefore, he felt that a fair price for the property would be $8,500 per acre. I indicated to Mr. Ostenson that the appraisal completed on the four parcels on the intersection of Co. Road 1 and Franlo Road were completed in November of 1977 (approximately 6 months ago.) There were three parcels appraised south of Co. Road 1, Parcel 4020, 15.76 acres was appraised at $6,700 per acre, Parcel 6820, 15. 67 acres • was appraised at $7,400 per acre, Parcel 6810, 5.37 acres was appraised at $8,100 per acre. The average appraisal cost for the 20 acres(Parcels 6810 and 6820) appraised in the southeast quarter of the intersection of Co. Rd. 1 and Franlo Rd. • an average appraised value of $7,577.90 per acre. I felt that $7,500 per acre was a fair offer for the 20 acre park site. Mr. Ostenson strongly disagreeed; therefore, I told him to come to the Council meeting with an offer, and that I would provide the Council with a memorandum indicating our last appraised values of parcels in that area. The attached map shows the location of the proposed 20 acre park site. It also indicates the parcels and their appraised values as of November 17, 1977. I have discussed at length with other City staff the best way for the City to purchase neighborhood park sites with the CASH PARK FEE. The City is limited to a five year length on any contract for deed and it is very doubtful that the City would be able to pay off a 20 acre park site costing $8,000 per acre within five years. It would take 582 homes at $275 per home to pay off that park site not counting the accrued interest. If there was any kind of a slight recession during the payoff period that decreased the number of houses built, the City might find itself in a significant financial bind. 130 • • • Neighborhood Park Site Franlo Rd. 6 Co. Rd. 1 page 2 One method to alleviate some of the problems would be to require Hustad Develop- gent to dedicate the 20 acre site and eliminate their CASH PARK FEE for Prairie East 4th-9th, and credit them $91,675 toward purchase of the park and pay them cash for the remaining $58,325. If we agree to a price of $7,500 per acre on the 20 acre site, the total cost would be $150,000. The PUD includes 121 single family homes in the 4th and 6th Additions and 292 units of townhouses in the Sth, 6th, 7th, 8th, and 9th Additions, at $200. per unit. We would anticipate $33,275 from single family and $58,400 from townhouses in CASH PARK FEES, for a total of $91,675 from Prairie East 4th, thru 9th. There were 189 single family homes approved in Prairie East 1st thru 3rd but only 95 were approved after the CASH PARK FEE was in affect; therefore, we will be collecting $26,125 from Prairie East 3rd Addition, plus $16,500 from Olympic Hills 3rd thru Sth. We will also be collecting CASH PARK FEE from approximately 800-900 units south of County Road 1. Another method would be to get a five year option from Hustad's at no cost and to agree on a cost of the park property plus their carrying costs over that five years and to initiate a contract for deed on a five year basis that would begin • at the end of the five year option. . This would in fact give us ten•years of collecting the CASH PARK FEE to pay for the acquisition of the park property and would give us a substantial downpayment at the end of the five year option. The City could also abate the taxes on the property as it would be a designated park area. This would alleviate some of the carrying costs for the developer; therefore, if the Hustad Corporation would agree to giving the City a five year option on the 20 acre parcel, agreeing to a cost of $7,500 per acre, which would be $150,000, plus a 7 percent carrying cost for the five years totalling $10,500 per year, or $52,500 for the five years for a total park acquisition cost of $202,500 in 1983. By this time the City should have close .to that amount already collected in the • CASH PARK FEE and could enter into a purchase through a contract for deed not to exceed five years on the remaining amount. BL:md • 847 9 . . • AVTRAisALT - 10014 t7, 1977 \) ' _ t.• tPI:.-.11--1,----T F-T-fltrIC-s.., \ .„..,----,k 0'2[-_ .. $1-$. ,K ..-_://:,i'):.-Li L ,• -. 2'KAKKAARBKKAKKKAKk • \ %) '‘'''' ----' '-.1 4.4 -.1 ' , , ' 41i f 1• , 4 , -I, t ,,,-/fki, .' 4., , • _T__I ,f Li,4,. -A v, _.r.-, ' Z '' ''r: - li', N_,,-,c\-\, ,sts, -. 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I . • - , ... , . •. evapsounntwon........* .. • .. i .•''; 'Z''s r 4--ZL-- . : 114 -N \ I 't --.-.--- . ' ,-, : •. 0?...,. t, -, ..... .j-__:, /, OK:WK. . /I L. •:•;-,„ s• ' '4"'/.14)'''',4. - 4 ,_• ' (--“ ' i / -• .<:•:-' .• 4.,..4 .i,' :"''''.--..,‘ "L. ' ‘,4::".4 ,,---7 • '- --.' ..•'..'.•„ ! ...4.1kr. ' i• p,--,—- ,ke- ' ‘, z_.-z , I ---;---.._, ..' \ -... • t • .:..-:-,1\ ' .c.1., ;-'''..7 ---1 .. ""ir I ‘% , : l ".s. .• : I „ — - I I 1 i i Iyl-- I- . ----------- , r......ut. '-. ......„.11 . • • $ iStig • • • • • • • • • • • Minutes - Parka, Rec. and approved • • Natural Resources Commission - 7 - . lbnday, May 1, 1978 e. Olympic Hills Outlot B Lambert spoke to the Po• proposal,poaal, explaining that it was off of Ftanlo Rd. and that it was an outlot in the former PUD. D. Anderson questioned the trail on the eastern border shown on the map. Lambert responded that he could not answer that question at this time, but spoke to upcoming trail system map. NATION: Tangen moved to accept and recommend to the Council Olympic Hills {#{Outlot B,with staff recommendations. D. Anderson seconded, notion carried unanimously. Carona left meeting at 10,15 PM. /3 50 • • • • • • approved • Planning Commission -4- April 24, 1978 .... � � - 7.,w fwm. t. Olympic Hills. Outlot B, request from Olympic HillsCorporation for rezoning from RM 2.5 to RM 6.5 for 2.3 acres and preliminary plat approval for 1 four-plex lot and 2 duplex lots. Site is located southwest of Olympic Hills First Addition. A public hearing. The Planner stated original approval for the site was for a 49 unit luxury apartment building with underground garage. Bruce Knutson,Bruce Knutson Arch. , outlined the location of the project, •i the uses proposed, access proposed, and stated the outlot proposed to the west would acconmodate buffering and a cart path. He requested the road not be upgraded to city standards at this time , rather it could be improved to provide access for the two additional lots and remain in Olympic Hills ownership and maintenance. Sundstrom asked if the proponents had an overall development plan for the remainder of the property. Mr. Knutson replied the Fifth Addition is the last of the outlots to be developed. Don McGlynn, Olympic Hills Corp., stated they may be entering into a land trade with The Preserve in an attempt to redesign the 14th hole as it is under- water a considerably amount of time, but that they do not intend to reduce the size of the golf course for more development. Sundstrom stated detailed topographic information should have been provided on this project. McCulloch asked if the proponents agree with the staff report. Knutson rt;lied they do except for the construction of the road to city standards, they are willing to dedicate the needed right-of-way. The Planner felt if the road is not constructed to city standards, but dedicated to a 60 foot ROW,that such should be mentioned in the covenants so that individuals are not 'surprised' in the future. Sundstrom asked if anyone in the audience had questions or comments. None were raised. Sundstrom asked if the land of the 14th hole would be developed if a land trade is accomplished. Mr. McGlyn replied the land would not as it is unsuitable for building. Sundstrom then asked if the proponents are requesting any variances. Knutson replied negative. Motion 1: McCulloch moved, Retterath seconded, to closethe public hearing on Outlot B. Motion carried unanimously. Motion 2: McCulloch moved, Levitt seconded, to recommend to the City Council approval of the rezoning from RM 2.5 to RM 6.5 based upon the plat dated Feb. 27,'78, and the staff report of April 18. 1978. Motion carried unanimously. Motion 3: McCulloch moved, Retterath seconded, to recommend to the City Council approval • of the preliminary plat for I four-plex and 2 duplex lots on 2.3 acres according to the staff report of April 18, 1978 with the following change to page 2, d. That the developer plat 60 foot ROW for the clubhouse road extension to the west . to the property boundary of the three lots and that the road be brought up to • City standards if the land past of the 3 lots is developed. Motion carried unanimously. • • MEMO • TO: Planning Commission FROM: Jean Johnson, Planning Assistant THROUGH: Chris Enger, Planning Director DATE: April 18, 1978 PROJECT: Outlot B, Olympic Hills First Addition APPLICANT: Olympic Hills Corporation REQUEST: rezoning from RM 2.5 to RM 6.5 Preliminary plat approval for 2 duplex lots and 1 four-plex lot on approximately 2.3 acres LOCATION: Southwest of Olympic Hills First Addition BACKGROUND The 2.3 acre site was zoned RM 2.5 by Ordinance 305 on June 3 , 1975. At that time the use approved was a 49 unit luxury apartment building with uneerground parking. The subsequent rezoning agreement Olympic Hills First & Second Additions, required the developer to:install a trail along Frank Road and internal trails to connect the totiot, clubhouse, tennis courts to the homes of "all weather material and usable by pedestrians, bikes and golf carts " (See trail attachment ); and to pay cash in lieu of land according to city ordinance. PRESENT REQUEST The applicant is requesting rezoning of the apartment site (RM 2.5 ) to RM 6.5 for 2 duplex lots and 1 fourplex lot for a total of 8 units on the approximate 2 acre site with the remainder platted as outlet B. Outlet B should be an open space easement allowing for a buffer between the residential lots and the golf course, and for construction of the internal pathway systems as called for in the original approvals. The proponent is not requesting any lot size or setback variances from the RM 6.5 District. As noted on the Feb. 27, 1978 plat submitted, there exists a utility avid drainage easement across proposed lots 1 and 2. The City Engineering Department has field inspected and surveyed the easement locations and preliminarily determined the platting as proposed is feasible. The Engineering Department requests that the private clubhouse road upon which the three lots will access, he upgraded to City standards, allowing for a R011 of 60 feet. However, the proponent wishes to keep the road in private owner- ship. It should be signed as a private drive and maintained by Olympic Hills Corporation. • . - -.....% . - . . . -- proposed platting • ''. ---f----1- "--;:—.-'177------: - - /(Z--- ,. •r__/ .\ ‘. ,. -. i — r--1.—.— • L....' 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V 1'..4".';'.\•.....).. •r...1.;7.t.'• . ... .. t'...^ •! i' „.....,_ ...fi '1; ., I. 's „ ,,,.- ',:, '',:':•!".:':'',... : :', : ',., : '"• " '4 ',..4•: . . I • . i . -.. ,... <----4...LI::-...._::--• - • .,„;....E.---- •.: ''- • ' • ' ' . .. . . .. 1 i.-......• r-.1- SU 11.1 el 1 . to = 1 .. 0 .= 7-• .' i in In .0 = ., '•ts , '; I *a.11': 7.1. C 0 1 al o I ••••:' . . I 'I • '-'7.- • , I 1 I ' I • 1 . . . .,1 , i !! • ., I • ! . : I .,, . ' ; . '• :'• I ' c .. . . . . t - 1 ' . r • IC ., 4 i.S67.1 i • Memo-Olympic Hills, Outlot 8 -2- April 18, 1978 • Based upon the past review and approval of the site, the Planning Department would recommend approval of the requests as follows: • 1. Rezoning of the site from RM 2.5 to RM 6.5 for 1 four-plex lot and 2 duplex lots. 2. Preliminary plat approval of the plat dated Feb. 27, 1978 contingent upon the following: a. That Outlot B depicted West of proposed Lot 1, be retained as an open space and a walkway be constructed to serve as access between the residential areas and golf course uses. • b. That no variances from Ord. 135, District RM 6.5 be granted. c. That all units be required to cash park fee as per Ord. 332. d. That the developer dedicate 60 foot ROW for the clubhouse road extension west to the property boundary of the three lots. JMJ:jj • •.. , -_..._.... . •-lo, .•=. -•• .7 a,b "-go •..I ...ci 4-,c'PZ..'-' `P.,• ; •":? i7.„, SA... ' ,c-a 4 •se 4.• f •2- . 3 , • . b• Os .44 'ip, 1 . 97.5? e. ' •.20 66 ...---- T N ' 'n- .--0./ N65 •' (-.77,3Th•---._ ---_4., '. \r•A \\•1---„,‘P i,‘ -...„- ... OU7 N '...... , /\ R \‘‘ .1, ..., ‘!!.., 205.00 •-. of; , - . ,E • .Jo • 4;AZ,: 444). Le%, ..." t' FTqui,c \ • -'---O.41 A-c---..-\--r,$,‘114•‘\ `k r 4* .,,0 .,1.._.•6<2.t.\b\-.. 0 < ! , 1tv; \.,,, . . 4 23 0.0 \i . : NO f Of E- -/ ,Vs. • -4,49 . ..3;5••r6. • 1:).•, . • ••cp.-. .it• • •. 66•6• ' ct:' 1 ezi4--........._ , i ....."' .., - vs: ot . • -" us - • ,a, ...,........./.3....:. - 0,-!.... : 2 _ 1, ,‘)g, ; . co ---- =As ii ,N A'.. -- ,...... . - ---- - - ,.....-----,..4.-- l'i 1.. "4 4 :_.--V 1,1 • Z •... g a - 4e,i- 1 . te, •. \ z. ,.....— • - . _ 7 .. N \ -.6 • •-: 0) ' AI' ' . o - 2 • •-• \ 7 --- *e c:I. it, , • • A ' :. ,.....;•'-'" • -;--,-• S ' '1•.‘• N 011.91 , ;f.• . Av ,00 oc-, e,„ •34.. , •40 0 4" •9 2 006 03 ' 0-, 0 ‘ ; 13:„ . _.........----- '.---....4',.?•34. .., . ' tv '9 :°.... '.s!A"..- •-•"---- ; -------.•'----a'-_____.2-.•____._ 'o.• ts.i7•47•26" I .. it., 4,?.9e 300, :.: •••• • "v I,' ,T.3°..; -iy ' .0.• T'.7. ''' '• C. •2. e. ,A. , . i \:„.24 3 •'°'....„.''. -.0\ . ' ?. ' -i ":-c• ...'ir.• " ....0 ...0 ••-‘ -0 43 ' 2 .1.25 , *Ds° *.- 0 '',. Zs • I f 15 ---' ,.. t. a: -V ...1 i% N .... • *:`t; T .-`,;,. N ca, I 1• ro ko ' •-• 4 • 1, , ' •--- 0-,, ' C ..t. •• s... ir. . it' •-"T'.: ';..C:::,'_.4 • :V th . •r .;.,,, 0.4- N ' I I I ;-, 1;•i .,-75 •. ' < s •',,y•-.; , . - %IV` r r'l --:,-" ,:' ' ••-:-.. ...-..n,! , c..0c, 83.0C. _ . •‘ .. .,,.1,%:13:7•2 rf. FRANLO , f.A, 0 r .-.7. ----m (f) 4.,‘",,, 1......7". xi . • • - 135// `ML/40 TO: Eden Prairie Planning Commission • • DATE: March 15, 197S PROJECT: Olympic Hills 1st and 2nd Additions) O.'t•k6r.1 LOCATION: Southwest Corner of Olympic Hills 1st Addition • • Background: The 01) pic Hills 1st and 2nd additions are planned unit developments that arc presently under construction. A portion • of the original plat included Outlot G which was zoned PM 2.5 and originally intended to contain a 49-unit apartment building. Platting:Re«uest: Due to the overwhelming success of the 1st and 2nd additions, market response to single family and duplex development, Olympic Hills Corporation wishes to have Outlot S • ,platted for two duplex and one four-plex lots. • Site Analysis: Outlot G. has access off of Club House Road and contains 2.362 acres. Existing sewer and water that service the • 1st addition would be extended to accommodate Lots 1 and 2. Lot 3 can ho served from the existing lines. The site has many natural features including nature tries, topography that encourage. • walk-out units, and a coneiandi.ng view of Olympic dills Golf Course. The orientation of the proposed units is such to. maximize the view to the course. Platting to duplex lots would substantially reduce the traffic on Fr:nulo Road, lower the sewer service. It would provide a more rural. scale around the course and be very compatible with the surrounding neighborhoods. j. • • • • • / ') 100 not th sixth slrc.,et/minneapol'rS/minnc:sota/55403/(612) 333 8877 • :: "'` • • _ ,. • :`1 • • 1 y i i p1 a,, /` .' , 1 15 ,a IO cf ,/IO ••C•3 vl.• •.1 ` % ) !e QOl�: �'. 1 /` • ```` f 1 I Q Of !1 \ '. • f 1 1 I j. 7•� 1 k ` �.,..�i 1 { i y •I ••-L: / ✓ •t i. JT' , .\`_ , •IZto rfrl f f4 4.'i+a8l'.` .. . .. 'i.`, 0j. V . it3• jj • f,i. N., , .e . 1 • .4 i f..':j. J 'I~. lA'1j.� . ' ^.' , 1 ' - Y.i•I :.1• :i / . ?z : o 4.. .., , 23 1 pbk s6 91 i '•20 66 757 e. •— l/oi\ �_ `' 1.7 OU 1 e co a / C -1\ a ' 205.00 • — \ G koo wt -Iry 4, �.: 230.0 r \. *7i�,�. ., O ENO•/6'46'E- 0b r 0 \ • CO -*„�3 • Nv• 46 v sy�. 809E S V 26q tq0 4 6' \ a ` 9.7 s W A ' a4 � � .r r - (W.N - • / "N rO N.• / : c --'` % %�' M a V v` N .il. . // 01 Vi \�{ 7°05'44" 14 g D ,o0 N,, / 77 a 0•O.a3� 0'04" /p+26603 u' 34 •03 3696 . (` 7 • R �.7a .0 • 14 ,,�jp..1t,P�. o to p•mar2s" 4? �o ~ 's-. • It'';p a0 0 O ,66.3 n0 �, 96 3 9 e s. , 2 001 o e,�, J '..1P4 52 C.�n�.� • 4%P p�,.A.1101.4. 0 � f ��.. 1r 4 i6t �00, ,t01) __!'. 2•_I YS. o ----.'O25'5� 2 A q w; im v * = W° *f w I 141 ro _ ym gym=' C m ...Ip �' e w ro'. '25 'cnmo ,. .D \-• m ' n pCs N V • 75 r M - r. 29 p:c•SA•54" ' 'all• C _ _ 6..: ,,.ni, �000 e3.0s ,•1 o . 0346' •id•,.'E • 2 r •N R:59620. - t -N < ir— -P.5c•4.'_7•f FRANLO , m (n ww6a.Nnw^ "- - - - J -- Planning Commission-Minutes -2- May 22, 1978 B. Olympic Hills Fifth Addition, by Olympic Hills Corporation. Request for rezoning from Rural to R1-13.5 and preliminary plat approval of 11.5 acres into 20 lots. The site is located north of Pioneer Trail and west of Olympic Hills Golf Course. A public hearing. The Planner reminded theComnission this plat was recommended for denial by the Planning Commission previously due to the inability of the landowners being able to resolve an aligned road intersection. Since then the proponent has requested another public hearing before the Commission in order to review road developments and receive a favorable recommendation. Bruce Knutson, Bruce Knutson Architects, stated they have met again with all three property owners (Blossom, Sutton, Welter) and no resolution has been achieved. He believed , through telephone conversations from California, that the acquisition of 44 feet from Mr. Blossom is the most feasible solution, but nothing is in writing. The Planner stated the public hearing was published three weeks ago because the staff believed the developer could arrive at a solution to the alignment. He stated another alternative may be for the City to begin condemnation on the needed alignment. He suggested the Planning Commission may recommend approval of the plat contingent upon the plat having good access. The Commission discussed possibilities of aligning the intersection through use of ROW, acquisition , or comdemnation of parts of all four quadrants of old platted Bennett Place and Co.Rd. 1. Redpath & Lynch both felt condemnation would be too expensive for the City and the property owners should resolve the intersection alignment. Don McGlynn, Olympic Hills Corporation, stated so many property owners are involved and they have been unable to resolve the problem, he asked the Commission for favorable action contingent upon the alignment resolution so that the item could be presented to the Council for a decision. Levitt mentioned that if the old Bennett Place alignment is changed from the platted road, that the City would also have to go through vacation proceedings. Ray Welter,JR., 11320 Pioneer Trail, inquired what implications there would be to his father's property if Olympic Hills moves the proposed road 12 feet to the west. The Planner believed such an alignment would align with Bennett Place south of Co.Rd. 1 and would be mutually beneficial to Olympic Hills, Welter's future development, and the City. Mr. McGlynn added that the proposed road provides Welter's with four future access points if needed. Motion 1: Levitt moved, Redpath seconded, to close the public hearing on Olympic Hills Fifth Addition. Motion carried unanimously. Motion 2: Levitt moved, Bearman seconded, to recommend to the City Council rezoning of Olympic Hills Fifth from Rural to R1-13.5 for 20 single family homes subject to the staff report of April 19, 1978. Motion carried unanimously. Motion 3: evict moved, Bearman seconded, to recommend to the City Council approval of the ' preliminary plat dated 4/12/7B and subject to the staff report of 4/19/78 with approval conditional upon a satisfactory intersection alignment of Bennett Place and Co.Rd. 1. Motion carried unanimously. /360 G Riley- Purgatory Creek Watershed District aP48950 COUNTY ROAD e4 • EDEN PRAIRIE.MINNESOTA 55343 May 5, 1978 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 - Re: Olympic Hills 5th Addition Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District has reviewed the preliminary plans as submitted to the District for the above referenced project. The following policies and criteria of the Watershed District are applicable to this project. 1. The District will require that a grading and land alteration permit application be submitted for this project. Along with the permit application, a detailed erosion control plan outlining how sediment will be prevented from leaving the development site both during and after construction must be submitted to the District for review and approval. 2. A detailed utility plan must be submitted to the District for review and approval. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, Allan Gebhard BARR ENGINEERING CO. Engineer for the District AG/]11 cc: Mr. Conrad Fiskness Mr. Frederick Richards • • • 06/ • • • • • • • • Minutes— Parks, Rec. and approved Natural Resources Coatission — 7 — . Monday, Nay 1, 1978 Chairman Anderson called for a five minute break at 9:50 PM. 2. Pevelovment Proposer (cont'd) • • d. Olympic Hills 5t1 • Lambert spoke to his letter of transmittal and to the Planning Staff report, pointing out that there are no significant decisions we have to make other thanapproval of the Planning staff recommendation. • Johnson left at 10:00 P11. Tangen asked whether Olympic Hills was ever considered open space, noting the encroachment by development. Lambert explained that he has never seen it here, and that it's been a private exclusive club. Anderson commented that the developer is the owner of the golf course, and he feels the development may be there to carry the course. Lambert responded to Garen's question of which park site they would use, explaining that the Preserve park to the north and the park on Franlo Rd. would serve this area. NOTION: Kruell moved to recommend to the Council that the Olympic Hills 5th be approved in accordance with Staff proposal of April 18, 1978 and that the CASH PARK FEE be applied. Fifield seconded, motion carried unanimously. • • • • • 131o2 • approved Planning Commission -6- April 24, 1978 F. Olympic Hills Fifth Addition, request by Olympic Hills Corporation for rezoning from Rural to P.1-13.5 and preliminary plat approval of 11.5 acres into 20 lots. The site is located north of Pioneer Trail and west of Olympic Hills Golf Course. A public hearing. The Planner outlined the location of the project and referred the Commission to the letter received today from the Hennepin County Highway Department, dated April 21, 1978, in which they request the access road be aligned to Sennett Place on the South sideof Pioneer Trail. The Planner stated the cul-de-sac proposed in the plat is approximately 1700 feet long, but if access is worked-out with the property owner to the west it could be a through street. The Planner did not favor having a single long cul-de-sac as it limits access to the project to only one point. He suggested either a land acquisition (12-30 ft) from Mr. Welter to the west, or placement of the access to the east approximately 150 feet could solve the access problems for the Fifth Addition. Mr. Ray Welter, Sr.,11320 Pioneer Trail, (property owner to the west), stated his preliminary development plans for his property will not work with Olympic Hills Fifth access road, instead he anticipates getting access further west near the creek. The Planner asked if Mr. Welter had a permit for access from Hennepin County. Mr. Welter replied negative. Mike Sutton, 11341 Pioneer Trail, (property owner in Southwest corner of Bennett and Co.Rd.1), stated Bennett Place has been a platted intersection with Co.Rd.1 since 1912 and requested the Fifth Addition align their access to the platted Bennett Place. Mike Adams, 9720 Franlo Road, (associated with Olympic Hills Corporation),stated Mr. Welter is.not interested in selling a sliver of his property to accommodate the access the staff and county are requesting. Sundstrom felt the intersection alignment and storm water system should be resol•:ed prior to Commission action. Levitt believed the County letter is clear, no aligned intersection, no permit. Mr. Adams replied they are willing to work with property owners, but if resolution_ is not possible they do desire to proceed with their plat as proposed. The Manner stated the staff believes a safe intersection is very important and the proponent should either negotiate with Mr. Welter or realign their access 125 feet to the east. Levitt asked if the prcFcnent could meet the drainage recommendations of the County's letter 4-21-78. Knutson replied affirmative. Sundstrom asked if the proponents desired additional time to resolve the problems of access and drainage. Mr. McGlynnreplied the prefer action tonight. • ►363 • • • • • approved Planning-Commission -7- April 24, ,1978 Levitt stated he would prefer the road access and drainage be worked out prior to Commission action. The Planner suggested the item be referred back to the City Staff, prop...ty owners, proponent , and County in an attempt to resolve the access and drainage so that all four quadrants are served equitably. Mr. Adams replied they prefer the Commission take action tonight. Motion 1 McCulloch moved, Retterath seconded, to close the public hearing on Olympic Hills Fifth Addition. Motion carried unanimously. . • Motion 2: McCulloch moved, Sundstrom seconded, to recommend to the City Council rezoning of the property from Rural to R1-13.5 for 20 single family lots. Motion failed unanimously. i3Gy DEPARTMENT OF TRANSPORTATION ..."-`°; 320 Washington Av. South � - Hopkins, Minnesota 55343 \ '-tl ‹t 9 HENNEPIN • _i-L._ 935-3381 April 21, 1978 • Mr. Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Enger: RE: Proposed Plat - "Olympic Hills Fifth Addition" CSAH 1 - North side at Bennett Place Section 25, Township 116, Inge 22 Hennepin County Plat No. 656 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We have reviewed the above referenced plat and find it acceptable with consideration of the following conditions: 1. The developer should dedicate, for roadway purposes, an additional 17 feet of right of way for a total of 50 feet from and along the centerline of CSAH 1. 2. The proposed access road should be aligned opposite future Bennett Place to the south (see attachment for example). 3. The developer must apply for and receive an approved entrance permit before beginning access construction. Entrance permit forms are available from our Traffic Division. l -5 HENNEPIN COUNTY on equal opportunity employer r . Olympic Hills Fifth Addition Page 2 4. Drainage provisions shown on the proposed plat are not acceptable. A single catch basin, placed in each gutter line at the bottom of a 1700 foot run, with 6% grades, is not sufficient to prevent runoff from flowing onto the County road. We recommend that the developer construct an underground storm drainage system, along the proposed street, with catch basins placed at 300 foot to 500 foot intervals. An entrance permit will not be issued until after we review and approve an acceptable drainage plan. 5. All proposed construction within County right of way requires County approval before beginning construction. This includes, but is not limited to, drainage construc- tion, i. utility construction, trail development, and land- scaping. A utility permit is required for this work. Utility permit forms are available from our Maintenance Division. 6. The developer must restore any area within County right of way that is disturbed during construction. Please direct any response or questions to Douglas Mattson at this office. incerely, c -,ill,1-6//14 5) • James M. Wold, P.E. Chief, Planning and Programming JMW/DBM:bg Attachment cc: Bruce Knutson Architects • 1-d.J6,::TA i 1 . -1... I i --- 1 .. . 1 ' . . . . i -.., .. -1 i ...,,., I . . ••:, , z .- • ..-9.0, O T • I \- 1_ 1 c. . 1 , i .E k• r v .'' . • ‘ t's_•.;_k_n1•2t4.tst.j,,,L, r ,..„. .". ii,.,... ..,.. :...-.‘ • .f, . •.., t ---__________..\.:: x,'... 1 r--------- ., .,. _, -•, N...f..5., • ",.. *--...4.........„, :,.. t ti.••,.. : 1; 0 .s Z.,,,,PeS .;"..3j....,..."-",,.... __,..,,-.....a.. 1..,", . , '''', a.11 01 ii.2.., • \ • ri•Aribtarl f.3".A.3.1 .ts •.....%.,..... .• ''''' ' " ....‘-lal'i,1 CO 41:77:"--", "1' .:'---•-•-- ,:a.-I i :..- . .„. ..,,,,.. ---.,___,.....: •i .i...1.:ATI.,..,...!,....,---.., —"silo: :..zit ,,•?0,...„.____ •j•.,-,..-....!....z.-7-,7i-„..:!..c._:.17____:—...‘....,.., (,..r•-t--fm• ,.. ....' 0" ,'• 4 '-'• (•••-d 0 1....-err?.:c,".,1;: L,4u, -,------.---! - - :N, • . • j 10)11....7r,.:,y .i.,11A . *.. *.Y.•,,•••••... , ,-. •.", $• ,,,,i..F,,, -,..' ' ,`••. •':‘,.4-...-.,,,,' c, ........ ., • •...' -4• ' ‘ ',°5 EDEN PR 111E l'''' ACRES ,, ,. • ,I, . ..... ...J.\ , ... e. 3 •,a ‘ • \Ts 7 ' • Jo; I • 4..' a .,,1?0,.... ..... COI..1 : 4:1 I i 4'• - :3,2; 14 21.4..t), .4... _..5\ .....s i •—• . .... 4____ . • :-...;. ,; ..._ t___ •'r t2_9..., /28 27 26 /. ( '8.5(plat) - -- — 00)20IetcI - dI2 6700(rAl) —: _. .., 1 1YNOt;(KUInY(R • VL{ II.II {V {{tLLV VVL{ VLV tJ II EI 'r.• GENERAL MANAGER: 9520 Panto Road t t JOSE PH P DUl EY.JR Eden Prairie,Minn.55344 = DIRECTORS: Orrice:(612)941.6262 `� WILUA!.1M BAKERr' ' •l E{DORN.$R Golf Shop:(612)941-6265 r ir CO$TNE'f I EGAN \ 1 i 1HOMA$C HOAK L1 RUDY LU1HER ) I/ DONALDJ McGLYNN ••`�,` 4 A PRICE \��` —/.i W S WALSH \._.. •, COMMITTEE CHAIRMEN: Enlenarnmenl&House Commolee Cnarles G A:nwell • Haro:4P Braun April 21, 1978 Go cominalee Rcha,OJ Rlooslon WAMam M Ebner Memeers'op Commute John H Hankinson legal Counsel . Michael J.Adana Mr. Ray N. Welter 4244 Fremont Avenue South • Minneapolis, Minnesota Re: Your Eden Prairie Property along County Road #I Dear Mr. Welter: The Planning Commission of Eden Prairie asked us for confirmation . of our Olympic Hills Corp. meeting with you. _ We, therefore, state that our Mr. C. R. Egan, the writer, and your- self met and discussed our Olympic Hills 5th addition (20 lots) pro • - posal; shc.'i were the possibilities of ),,ad access to your property at three points. Perhaps these access points could be of use to you at some future date in any development of your acreage. To the best of our knowledge, there are no objections to Olympic Hills 5th addition. Kindly sign this letter as indication that it was hand-delivered to you. Yours truly, 1. ,-1*—",,,if..',9 McGlynn Olympic Hills Corp. ' (... A(27) Director % /A "' Rej'257 e ter • 11JM:vk !Vol April 20, 1978 • Engineering Staff Recommendations OLYMPIC HILLS FIFTH ADDITION Supplement to 4/19/78Planning Staff Report ' 1. An unimproved platted roadway (Bennett Place) is located south of County Road 1 and is centered on the Section line of Sections 25 and 26. A sight distance problem now exists at the intersection of County Road 1 and Blossom Road, necessitating the use of Bennett Place to serve future additions located south of County Road 1. To eliminate street jogs at the County Road 1 intersection, the entrance to Olympic Hills Fifth should be centered on the Section line. 2. The right-of-way for the cul-de-sac should be "squared off" to provide 50' of street right-of-way abutting the west property line for possible future extension of this road to the west. • 3. Storm sewer and grading plans must be approved by the Engineering De- partment and Riley-Purgatory Creek Watershed District. • 4. The Developer shall submit a finalized development plan prior to final plat approval or building permit issuance, which shall show proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. 5. Assessment information: The following assessments have been levied: #6438 Neill Lake Storm Sewer $28,704.60 #5627 Trunk sewer and water $76,375.00 #6452 Trunk sewer and water $41,299.00 • CJJ:kh • • /3411 C. • • sTAFF REPORT • TO: Planning Commission FROM: Jim Jensen, Planning Assistant THROUGH: Chris Enger, Planning Director DATE: April 19, 1978 APPLICANT: Olympic Hills Corporation PROJECT: Olympic Hills Fifth Addition REQUEST: Preliminary plat approval for 20 single family lots on 11 . 5 acres • Rezoning from Rural to R1-13.5 BACKGROUND: The proposed Olympic Hills Fifth Addition is situated adjacent to the Number 2 8 3 Tees, fairways and greens of Olympic Hills Golf Course. To the west of the property is rural land owned by Ray Welter, Sr. County Road l hounds the property on the south. Eden Prairie Acres , (a single family residential area), is directly south of Co.Rd. 1. The project site is shown on the 1968 Guide Plan as low and medium density multiple dwelling residential and possible location of a church in the vicinity of outlot C. The preliminary indication on the proposed Guide Plan Update is Quasi-Public, relating to the existing golf course. Single family low density residential is the preliminary indication for the adjacent property to the west. 196R Guide Plan Proposed Guide Plan Npdate I 1 1••••• 711:i ---'—r- \(--.:ji:1 1---r ! INC-,-7::•,IT:. :.117-/-)1;.- (--‘01....:.` .�.'—cy-- %, I J' 7 1, t:;•:•-i`•:) I • i- it ' �\,\ `t ''"N.‘.r :-....:,•,-,r-r-s-,-..,Y - It• - -I--I— : :\..---"-)I.) ..c \-- j B :Sc ; - ��' ' ;- :- > , �-- _ . r.. • I II �1 lit >„t li ';",� / .,: ! ,,,, '14: ( , Staff Report-Olympic Hills Fifth -2- April 19, 1978 ZONING REQUEST • • The proponent is requesting preliminary plat approval for 20single family detached homes and rezoning from Rural to R1-13.5. No variances from Ordinance 135 for the project are requested from the R1-13.5 District. Provisions of Ordinance 135, District R1:13.5 are as follows: 30 foot front yard setback 10- 15 foot side yard setback; one side, both sides • 20 foot rear yard setback minimun lot size 13,500 square feet maximum density of 2 units/acre . _ Lot sizes vary from 13,530 square feet to 17,850 square feet and average 14,615 square feet . The density of the proposed plat is 1.73 units/acre. 'LOCATiON NAP „ 1 a -- - 1 li J 1 tc•s ..4, n ! A _ . I-ill11 V I Sunnybronk Road; N...:--,---E—thl 1 • 31 _ i ..'' 2nc 1 mi, ; ,r: _ ' ti 1. —r - '��C• - i_.,., 9 1 1 ::.tea 77-i5 r`� --Ai; ,.'1 S- i/ t , ',• ^�1` �tp j ro osed ,-13�. _�:r+.:,'� r �`",, 1 Creel E�isk P �1�'tK •� ,...,;.,'i-i,.. 1Y003 r, _- .r�• toutlot"1f/. , .... ... E il' :v >,j L.i. Co.Rd: 1 /Y"P� 15. I ; .4_ ;- .;i-u,/:`_.. ,.-1--- ' 2d ,... i. :Peth l_ , F Proposed .'..1`.. t ' 77•...1 ;ii.: r..i•;.s 1_ ! 'Hills i `—�... hii �'�.J �"`` r- 1 27_0 i .._Crrek- �--1�-is — •1 /271 _,_1 ;bor0ugh� ;'- •,:c >.- • T' .�.�run !t i 'gyp4ces y I� 1 I I• ...—•.,,.. f 2.:.1.-� 25.1. i R.l'.13.3 i ( pi; t> 1 .2 1',11 J. E PM ,70-I-i ._....- I � l INDUSTRIAL * T r..r j —'7i� 1 .i -...,i t i PAi2K i ` ►.'1)11i1)i..;•D.1 it1 0 Jrst — — tI C� Staff Report-Olympic Hills Fifth -3- • April 19, 1978 •• N TRANSPORTATION -,r_ \ ' - AT The road system of the proposal consists tfl'- C`f 1>� of one cul-de-sac approximately 1700 feet Ltri; 1` `s. .\ long, gaining access from Co.Rd. 1 and •` serving all 20 lots. The proponent has il \ indicated on the plat that the adjacent property to the west, upon development, `IsW OrTrit=f \\ could take access off of the proponents l,- • road. This could be accomplished be- 1%1Ii0 '7C \ cause the proposed road ROW is platted 4e()I..t7 ri'QYU' on the property line. A,fttti)-4,1jyry ll^N '(o GtWN(P( f-- I • The staff feels that this layout of theroad is a gond solution to possibleaccess for future development of theadjacent property. The proponent has assured the staff that Mr. Welter is • amenable to this access solution if and/or when the property is developed. A letter to this effect should be available to the Co^reission for the April 14, 1978 meeting. ---------- --s'l 6Y�1�� The staff recommends that the cul-de-sac tlAit � ' i . be given a temporary designation and LG fitScoN`1 that the road extend to the property • line. This will give future development 1 to the west the opportunity to tie into this and previously mentioned accesses. . The staff Fels that the opportunity for future roads to tie into the proposed - - 1 roadway nay help cut down the number of _---- accesses to Co.Rd. 1 as well as give the chance for a through street L�� connection to Sunnybrook Roar'. and future me tl/S Howard Hills Road. See Figure 1 0 11 Access to Co.Rd. 1 from the proposal is a platted and _ ✓'� dedicated road, Bennett Place, which is at this time not , I /\ built. The staff recoeeends that the proposed road in it !� Olympic Hills 5th Addition should line up with the future Oennett Place. The plan shows the proposed ( N��Sct ' centerline of the 013,apic Hills Road 25 feet cast of the ' !1 property line/section line. Bennett Place has its centerline on the section line. This slight off set . creates a bad traffic situation, and according to City : fl Engineering 0epart ent should be off set 10O feet or more centerline to centerline or they should liieup. `---ti;, —� Aligning the two roads will require a sliver of the ad- jacent land to the host.. The staff feels that the ROW should be increased from 50 to G0 feet for the following • reasons: . I. According to Ord. 93 col-de-sacs over 500 feet long shall have a ".Ma • of over h0 feet. 2. If the romp is eventually connected through to Sunnybrook Road it should also be a ROW of GO feet. ' Staff Report-Olympic Hills Fifth -4- April 19.1978 SITE ANALYSIS 1...,,I,Fig). �. ! ,` , , ._��., -'.fi' Rot:tA Because of the nature of the �' topography and the distances of `„ _ ; 1`�. the lot lines to the r2 fairway, ; • the staff feels that there is tom' 41p little or no problem with golf �� ,,. �i�._ncn, ' balls being hooked into someone5 . 7 2•>- -_ .�:^ ! . backyard or house. �,+ " ,i, —(_:_�" irZ .. .,, • Figure 2 illustrates about where,;.%;'I �,� �'I-_ •''_1'-i t j�� ' ,"s%/j, i�:� a 125 and 150 yard hook would :`_ _ li_ 1 L ti .__L_. _ land in relation to the housing , •--j_ .: ' - t •"I units. ... —I . . . 1, I t t. � 12l I /11 1 .11 (i II I 1. tl---- 1. tl �vs 11 .1 f.MYlHrlr ii + 1 SDILS , TOPOGRAPHY, GRADING Topo The site of the 5th Addition is made up of rolling topography, generally draining from north to west and south. The slopes are mostly gentle at . less than 107., but occur up to 20% in specific areas. The raod enters the site at a 6% grade. Stormwater from the road will ' run truth to Co.Rd. 1 and to Purgatory Creek. There are several mature oak trees on the western border of the site. The remainder of the area is in the "rough" and is tall grass species with an • occasional 8-10 foot pine tree closer to the fairway. Soils The soils on the site are made up of the series Hayden(HbO, HcC2), Esterville ' (EtB,Etc), and Kennebec (Ke). These soils are all underlain by deep sand or gravel and arc well drained. The Esterville and Kennebec have good bearing capacities and shear strength; the Hayden soils are fair. The hazard of • frost.heave and shrink-:well is low to moderate on all the soils. The Kennebec soils arc subject to brief periods of pondinq so the developer should be prepared to provide adequate surface drainage , especially on this soil type. • . i3?c2., • Olympic Hills Fifth -5- April 19, 1978 Because of the high sand content of the site's soils, erosion potential . is quite severe. Temporary erosion control structures should be implemented as per Riley/Purgatory Watershed District_recommendations 111111`.1& 1- ,U. r IitJ �` iC�SU' -�u+b'1 i h �.CA/ 1 )) V,,s,'" , .170,A �, O RECOMM�N \iiC'1S The Planning Staff recommends approval of the following requests contingent upon a-f : 1. Rezoning from Rural to R1-13.5 for 20 single family lots. 2. Preliminary plat approval according to the plat dated and the following: a. that the road be dead ended at the property line as shwon in Fig. 1 and not end in a cul de sac. b. temporary erosion control structures be implemented as per Riley/Purgatory Watershed District recommendations. Ground cover should he established as soon as possible following construction due to the erosive nature of the soils. c. the road, as it intersects Co.Rd. 1, shall align with the platted Bennett Place. This will require a small easement or acquisition by the proponent from the adjacent property owner. d. the ROW for the proposed road be increased from 50to60 feet. e. provisions and setbacks of Ord. 135 be followed. f. the cash park fee be paid according to Ord. 332. • I JEJ:jj . /3/23 1 • Minutes — Parks, Rec. and approved Natural Resources Commission . — 4 — Monday, May 1,1978 b. Tamarac Woods Lambert spoke to the proposal, and asked Mr. Don Peterson, Edenvale, to answer ouestions about the path along the creek. Petersom gave the background of the Creekside Addition approved in 1972, explain_ng that it was approved as medium density. He spoke to the area owned br the City on a steep hill and to prohibition of any building or • path on. this slope. Minutes — Parks, Rec. and •:—approved Natural Resources Commission — 5 — Monday, May 1, 1978 b. Tamarac Woods (cont'd) • • Peterson explained that the original proposal for Tamarac was as a double bungalow plan, but residents of Creekside Ct. objected, and the proposal now is for highly priced single family homes. He felt there should be a connection between the north and south area, and even if there has been some opposition,he feels it is too beautiful an area to serve only a few homeowners. He spoke to.his plans for a pathway system in the nortL..est area, and his intention of some nature trails in this area, but the plan is changed because of appearance of need for bikeway/hikeway paths. He spoke to opposition by Ironwood Court residents of having paths through their addition. Anderson suggested looking at Edenvalefs total trail system, but that time was not available tonight. Peterson responded that he would like to resolve the pathway problem in the total picture of paths. NATION: Kruell moved to direct the Staff and developer to meet and formu— late an overall trailway/bikeway/hikeway policy for that particular area. Garens seconded, and requested ADDITION TO THE t?OTION: That he would like to attond the meeting as the representative of this Commission. Kruell accepted the addition, motion carried unanimously. Johnson suggested that all Commissioners look at this. Peterson requested action on the proposal, except for the path, to enable them to proceed with the grading. MOTION: Tangen moved to recommend to the Council the acceptance of the Staff report of April 23, 1978 on the Tamarac Woods proposal, with the exception that the sidewalk to be built along Edenvale Blvd. be deleted, and in its place, add that the development of a sidewalk along Edenvale Blvd. be deferred pending final development of the Edenvale trail system; and that the covenant for this addition be reviewed. Kruell seconded, motion carried unanimously. Peterson presented a petition received from the residents of Ironwood Ct. i3Ali opposing a path through their area. `t •.n tn.. „ • • MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Servicesl- SUBJECT: Tamarac Woods • DATE: April 28, 1978 Tamarac Woods is a request for rezoning in the Edenvale PUD for approval of 13 single family lots. The proposed development is located just north of the • Creekside Addition and west of Edenvale Blvd. • This development proposal vas brought before the Parks, Recreation and Natural Resources Commission at the April 17 meeting. The staff recommendation at that time was to approve the development with the developer constructing a pedestrian sidewalk in the right-of-way of Edenvale Blvd. The trail should be constructed of concrete much like a traditional sidewalk and to City engineering standards of 5' wide and 5" thick; curb letdown shall be installed wherever the trail crosses the street to allow for bicycle traffic. Outlot C, located between Purgatory Creek and the eastern border of Tamarac Woods, is in the floodplain and is already City park property. The Parks, Recreation and Natural Resources Commission had questions concerning the possibility that a scenic easement may have been imposed on the Creekside Addition immediately to the south and had questions on the possibility of a trail along the a-eek. After reviewing the file on Edenvale Sth Addition (Creekside) I have found that a scenic casement was discussed as a possible barrier between the public and private land, but that Edenvale committed to placing an item in • the protective covenants which prohibited construction of any building or fence of any kind, other than natural plantings, on the slope between the private property and the public trailway. Edenvale had also agreed to a trailway along the cast bank of Purgatory Creek that would connect the north park to the south park. However, in the Planning Commission minutes of April 10, 1978 Mr. Peterson replied that the residents had requested the trail be removed and therefore, they have not planned a trail along the west side of Tamarac Woods. The staffs recommendation would be that Tamarac Woods should be treated in the same manner as Edenvale Sth Addition (Creekside) with the concept of a trail corridor connecting the south park with the north park. This concept would be in accord with the Purgatory Creek Study which states "the creek corridor is acting as.a diagonal spine through the community off which connections should be considered to tie other recreational areas to the system". Round Lake is in area which should he connected to the system. Additional trails should be developed to take care of anticipated needs. Priority would be to develop a system along the well defined east edge allowing the "soft" west boundary (marsh land) to remain less accessible while maintaining it for open space and education programs. BL:md • • iJ15 ENGINEERING STAFF RECOtMMENDATIONS • PROJECT: TAMARAC WOODS, EDENVALE INC. DATE: April 6, 1978 Supplement to 4/5/78 Planning Staff Report 1. Plat a 9 foot radius along property lines at all street inter- sections and cul-de-sac returns to provide sufficient ROW for utility installations. 2. Grading and storm sewer plans must be approved by the Riley/ Purgatory Creek Watershed District. 3. The developer shall submit a finalized development plan, prior to f:,, i plat approval or building permit issuance . which shall show proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, ponding and floodplain high water levels for 100 year storm,and minimum floor elevations for all lots. 4. Some changes are required on the preliminary utility plans. These changes are noted on the Engineering Department's copy of said plans. 5. Street grades shall not exceed 7.5%. 6. Assessment information: the following assessments have been levied : N5858 trunk sewer and water $10,532.00 06732, Edenvale streets $ 5,604.96 DO:jj • • 13P& 1 • • • • 3pproved Planning Commission Minutes -7- . April 10, 1978 E. Tamarac Woods , Edenvale Inc., request for rezoning from Rural to R1-13.5 and preliminary plat approval of 8.5 acres for 13 single family lots. Located west of Edenvale Boulevard and Southwest of Hipp's Cedar Point Townhouses. A continued public hearing. . The Planner informed the Commission the proponent has changed his rezoning request to R1-13.5 from Rural instead of RM 6.5 . He added the platting request remains the same. Mr. Peterson outlined the location and lotting plan and then requested the Commission consider recommending variances for sideyard & front yard setbacks as such variances allow the necessary_flexibility-in _locating_houses on the lots, & save significant-trees, vegetation _and soils__ ___ _ __• Sundstrom asked if the developer 'has control to prohibit . all lots from using setbacks as some may be unnecessary. Peterson replied most housing desj;ns require use of setback variances and if no variances are granted, then they usually reject 2 out of 3 plans submitted for approval. Bearman inquired if the one lot under 13,500 square feet in size could be enlarged to meet ordinance requirements. Mr. Peterson replied affirmative. Lynch inquired if the trail and / or buffer between this project and the single family to the south is anticipated. Mr. Peterson replied the residents requested that the trail be removed. Motion 1: Oman moved, Redpath seconded, to close the public hearing on Tamarac Woods. Motion carried unanimously. Motion 2: • Beaman moved, Redpath seconded, to recommend approval of rezoning from Rural to R1-13.5 for Tamarac Woods based upon the staff report dated April 5th, granting sideyard variances only due to the uniqueness of the site and to preserve the wooded , rolling character of the site. Motion carried unanimously. ( Motion 3: 'Dearman moved, Redpath seconded, to recommend to the City Council approval of the preliminary plat, revised to depict no lots under 13, 500 square feet in size, and contingent upon the recommendations of the staff report dated April 5, 1978. Motion carried unanimously. STAFF REPORT • TO: Planning Commission FROM: Jim Jensen, Planning Assistant THROUGH: Chris Enger, Planning Director DATE: April 5, 1978 • PROJECT: TAMARAC WOODS APPLICANT Edenvale Inc. LOCATION : West of Edenvale Boulevard, North of Creekside Addition and East of Purgatory Creek REQUEST : Rezoning from Rural to R1-13.5 Preliminary plat approval for 13 lots Variances: • • BACKGROUND: This par•••l was approved original in PUD70-04 at a density of 6 units/ acre and for 56 units. On Feb. 24, 1t,o, Tamarac Moods was submittc for rezoning to RI•1 5.5 and platting for duplex lots. The developer has since changed the request from rezoning to RM 6.5 to RI-13.5 for single fainily detached dwellings. Lot configuration and sizes remain the same. Purgatory Creek is the western border of the project. Bordering the site on the east is Edenvale Boulevard; to the north is proposed • parkland and to the south is Creekside Court , a single family area. \ rdi'151,%,�F'f.. $ 4.1.1„ t1 1 LOCATION ,;:... 1 �,__ __.........-•v- _ , �Pt M A P ,.`:,,.• �l •� ' -T. P„......A j 9"T Hid'lcret< .Cr'cck=_f it 1 ; n:�= :, -2,. . �yI ; } • t: . • 11 • j M2 •� 1 Valle, .�'icq Roadi � 'j' ""'"""' 17� 'St J ., r. // • Staff Report-Tamarac Woods -2- April 5, 1978 -ZONING REQUEST: The proponent requests rezoning from Rural to R1-13.5 and preliminary plat approval for 13 single family detached lots on 8.5 acres. The following are provisions of Ord. 135 for zoning district R1-13.5 : 30 foot front yard setback 10:25 foot side yard setback; one side, both sides 20 foot rear yard setback 13,500 sq.ft. lot size minimum Maximum density of 2 units/ acre The following variances are requested from Ord. 135: 5 foot garage 10 foot 1-11 story house to side lot line 15 foot 2 story house to side lot line . 20 foot rear of house to rear lot line 30 foot front of building to front lot line, except Z5 on cul-de-sac The staff feels that all lots are large enough to accommodate standard setbacks ^d that no variances should be granted. Lot sizes vary from 12,400 square feet to 25,500 square feet and average 17,600 square feet. A lot size variance would be required for the one lot under 13,500 square feet, however, the Planning Staff e t.t, mends that the lot be brought up to minimum size. The density of the proposed plat is 1.52 units/acre. ACCESS , CIRCULATION • One access from Edenvale Boulevard serves the 13 lots with 2 cul-de-sacs. Edenvale Boulevard connects to Valley View Road about 1/2 mile south of the site. It is estimated that the project will generate about 110 vehicular trips per day (based on 8.5 ADT / single family detached unit). Staff Report-Tamarac Woods -3- April 5, 1978 SOILS, TOPOGRAPHY, GRADING: • The proposed site is fairly level throughout , but dropping-off rather sharply behind the units to be located adjacent to Purgatory Creek. Two small knolls, elevation 862+ , are located in the northwest quadrant • of the site. The creek elevation is approximately 838. A fairly minimal • amount of grading is proposed in the preparation of street grades with maximum cuts of 8 feet in small areas. The Engineering Department has determined that a 2% grade should be established from curb to ROW line, a distance of usually about 11 feet on a 28 foot road surface, on all new developments. This is to insure the ease of utility installation, such , . .t, r,,.,,\;`,.� �•.. --; �,� as power and telephone ra J.• , .• � ,*>T��' i 1. i t•,:c and to keep driveway \;,-..�,; t� '�) (U (- Y. installation and grad- (.•"•:• //'-�('. 4f° ;\�� /1 (�� t_ , in :0:Sm1 :A J�`i' , 7PIrl}} He i • 'i,oc Ma s Ma \.LfI .\ - 4'' I.{I i \; / .•,, \t t }H f /r . t.,te4:1\ c. • Ma --'�, w\' / . NU?'• i,.4:.. • :u,i , Soils found on the site are (Ma) Marsh, (Mx) Mixed Alluvial and (Hb8) Hayden Loam. The Marsh soils are poorly drained, sandy to loamy in texture, very organic, and subject to ponding. Unless this soil is drained, the water table is near the surface much of the year. Marsh soils have severe limitations for residential development, having poor bearing capacity and high hazard of frost action. The Mixed Alluvial soils are sandy to silty in texture, exhibit poor drainage qualities and are subject to ponding and flooding. Severe limiations for development exist on these soils also. The best soils on the site correspond to the strip of higher ground on the site, running from north to south. These soils are deep, moderately permeable and well-drained. Limitations for urban development are moderate. Fair bearing I Staff Report- Tamarac Woods -4: April 5, 1978 capacity and shear strength require the use of fairly wide footings. ' The erosion potential is fairly high on the Hayden soils so care in grading and erosion control must be taken. To summarize the soil situation, it is characterized primarily by poor, wet, soils. Modification of the soils is apparent , however, Creekside Court, a single family subdivision directly to the south, has about the same soil conditions and appears to be a successful situation. The developer should summarize for the Commission the process by which the modification will occur. VEGETATION The site is covered with mature hardwood trees, and with the exception of street grading, most trees will remain. Soil correction for homes and street grading will chanae the character of the woods. We can expect that tree removal will be similar to Creekside Court. The City Forester has recommended that any elm trees marked for Dutche Elm Disease should be removed prior to April 15, 1978. • PEDESTRIAN CIRCULATION ' • A trail is recommended by the staff along Edenvale Boulevard to eventually connect to the school/park site and the proposed Valley View Road trail. The trail should be located in the road ROW and be constructed of concrete, much like a traditional sidewalk. The trail should be constructed according to City Engineering standards. • 131/ • . . (// • I • • ....•-s, . \\\ , . 1 • ..( j -‘':;: \ s's 1-' -;:-.7n. ;4' %. , 1 ,.'.. >\).--- --.';‘\'6* 1 i' !'-.,- .\' . .. . ...........„.,.•..\ ,,..,,,..,.„...„.,..,,„.,„, I . ... ..• .... "4:.\‘,\\\,\,I - r i i- .1i \ •...,‘,,I41,,:':r,t1.,."•''.,„,...•,,,,I„,.„::„4-0t,-0...,..-.7..-..,i.--.:,_--....-t..:0.5,.,.,.',•:'.'','.*-,(,-,..,\..:„?\,f., .,,.....„7, �i t��� h• 1 3 �acs e\'\ jx \ \\ ' % n 1� \ . , . / j ,i, :2Y" �\ /....9 •• \ �\ \�� j /1 - `� ��`.\\t, \ % \, \\ %��` C'• '. \ % a • ,�� • .11.\..................'"'---------\ 1 • PRELIMINARY PLAT \ t \ • et �f�ir.r PIC envOODS ' - R1-13.5 A / i • \ • ! I.rh r•SO. • 1/ IHmh•• • /•►. i I S I 2- '\ \ /{.•, -, I-.--...- flit 1 I Staff Report-Tamarac Woods -5- April 5, 1978 • RECOMMENDATIONS • The Planning Staff reconmends approval of the requests as follows: 1. Rezoning from Rural to R1-13.5 2. Preliminary plat approval based upon the following: , a. Soils be modified to allow for urban development. Much of the organic soils will have to be excavated and replaced with a more coarse , granular fill. b. Erosion control be established to prevent any unnatural sedimentation into Purgatory Creek . The recommendations established by Riley/Purgatory Watershed District should be strictly enforced. c. No side yard or lot size variances be granted from the R1-13.5 District. d. A pedestrian trail should be constructed in the ROW of Edenvale Boulevard. The trail shall be constructed of concrete much like a tr,14tional sidewalk and to City Engineering standards of 5' wide and 5" thick. Curb let downs shall be installed wherever the trail crosses a street to allow for bicycle traffic. JEJ:jmj • • 1373 j) i Riley- Purgatory Creek Watershed District 8950 COON FY ROAD 44 .� EDEN PRAIRIE,MINNESOTA 55349 �.5+ April 5, 1978 -14 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Tamarack Woods - Edenvale Dear Mr. Roger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District have reviewed the preliminary plans submitted to the Watershed District for the above referenced project. The following policies and criteria of the District are applicable. 1. A grading and land alteration permit must be obtained from the Watershed District for this project. Along with the grading and land alteration permit application, a detailed erosion control plan must be submitted to the District. This plan must outline procedures to be used to prevent sediment from leaving the construction site both during and after construction. 2. A detailed storm sewer plan must be submitted to the District for review and approval. 3. The District notes that this proposed development is adjacent to the floodplain of Purgatory Creek. The tOO--year frequency flood level in this area is Elevation 843. The District will require that a grading plan showing existing and proposed contours he submitted to the Watershed District so a determination can be made as to whether an encroachment into the 100-year frequency floodplain of Purgatory Creek will occur. Thank you for the opportunity to comment on this development. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, Ilan Cehhard AG/111 BARR ENGINEERING CO. cc: Mr. Conrad Fiskness Engineer for the District Mr. Frederick Richards Mr. Donald Peterson I3V/ c • EDENVALE,INC. 7747Witt hrl Rvnl•Eden Pruiric,Mum . 55343• 612/941-5300 14500 Valley View }cad • April 4, 1978 Eden FTeairie Planning Cainission - c/a Chris y Ter, City Planner City ul Edo:. Prairie 8950 Edon Prairie :toad Eden Prairie, Minnesota 55344 Ladies and Gentlemen: After considering input by neiehix'rs to our proposed Tamarac%Dods sy'x]ivisien in F envalo 3rd Addition, Eden✓ale, Inc. has made the decision to change oar request from 13 double bungalcw lots to 13 single family lots. We therefore request That the actions on our application for rezoning and preliminary plat approval be cn ngeu to approval zoning for R 13.5 with no lot size variances but with rr.ccoondad building setback variances similar to those granted in Linden Pond and other Edenvale subdivisions as foll'J.Os: Minimum side yard 5' on one story garages 10' on 11/2 story houses 15' on two or greater story houses 20' on sidoyardo on corner lots 25' front yard setbacks. No Changes in lot size from the preliminary plat already submitted are contenplatcd. Yours_truly, `Donald R. Peterson D1 P/sr • • • • • • approved Planning Commission -5- March,,27, 1978 V. PETITIONS AND REQUESTS A. .Tamarac Woods, Edenvale Inc., request for rezoning from Rural to RM 6.5 . and preliminary plat approval of 8.5 acres for 13 double lots. Located west of Edenvale Boulevard and Southwest of Cedar Point Townhouses. • The Planner informed the Commission Mr. Peterson has met with surrounding residents and is considering proposing the site as single family. He suggested the Planning Commission continue the public hearing to April 10th for a staff report if revised plans are submitted in ample time. McMulloch moved. Lynch seconded to continue the public hearing to April 10th. Motion carried unanimously. • • • • I 13% • approved Planning Commission Minutes -6- March 13, 1978 D. Tamarac Woods, Edenvale Inc., request for rezoning from Rural to RM 6.5 and preliminary plat approval of 8.5 acres for 13 double lots. Located west of Edenvale Boulevard and Southwest of Cedar Point Townhouses. Mr. Peterson presented the project locating lotting plan, vegetation and trails serving the project. He stated the roads arc proposed to correspond with existing utilities. The original approval was for townhouses at about 6 units/acre, but he feels the market is beter for large lot double homes. Peterson added no variances are being requested from RM 6.5 District. Redpath inquired if the site is populated with elm trees. Mr. Peterson estimated • only 5-10% . • McCulloch asked how many units were approved in the concept of Edenvale for this site. The Planner replied 49 units William Mans, 15370 Creckside Court, suggested the cul-de-sacs be redesigned to the north and buffer be created between the Creekside single family and this proposal. \• James Cullen, 153S1 Creekside Court, also desired the cul-de-sac being redesigned to the north, and felt the double project would be inconsistent with their single family character. Peterson did not feel redesigning of the streets would be possible because of the. existing utilities and th^ ;ark location to the north. Mrs. Richards, 15350 Creekside Court, expressed concern over destruction of vegetation on other lots and hoped it would be prevented in development of this site. . McCulloch informed the residents endless meetings have been conducted in formulating the Edenvale PUD Concept, and thac individuals contemplating pur- chasing are responsible for investigating surrounding proposed and/or current plans and approvals. Mr. Cullin responded he did inquire about the use of the site when he purchased his home and was informed it would be townhouses, but since Creekside was originally townhouses and is now single family, he believes the possibility exists on this site. 'Mrs. Richards stated her builder stated the lot would be open space. Redpath asked Mr. Peterson if the two southern most lots proposed could be single family. Mr. Peterson was unsure but would invesqgite. Motion: • Redpath moved, Bearman seconded, to continue the public hearing to the March 27th meeting for a staff report. Motion carried unanimously. • approved Minutes- Planning Commission -2- May 8, 1978 • • C. Darkenwald Duplexes, request by Darkenwald Real Estate for rezoning from Rural to RM 6.5 for 52 duplex lots and from Rural to R1-13.5 for 2 existing single family lots, and preliminary plat approval. The site is located west of.Preserve Boulevard and South of Franlo Road. A continued public hearing. The Planner informed the Commission the Engineering Department has submitted an additional report dated May 8, 1978 as an addendum to the April 21 and May 4 reports. He stated the staff is recommending approval of the requests contingent upon storm sewer plans being submitted to the City Engineer for approval and petition for such improvements along with the upgrading of Franlo Road. approved Minutes-Planning Commission -3- • May 8, 1978 Retterath expressed concern that water runoff problems presently exist at Preserve Boulevard and questioned if the plan proposed would alleviate the problems. The Planner stated he would check with the Engineering Department. Sundstrom inquired if the property to the south could be developed in the future. The Planner believed a small portion with ac .s s to Preserve Boulevard may be developed but the remainder is swamp. Redpath asked if the two existing single family homes would remain. Mr. Darkenwald replied affirmative. Bearman asked if the developer is willing to bring the four lots under 6,500 square feet up to ordinance requirement as proposed by the staff. Mr. Darkenwald believed all could meet the ordinance requirement. Penelope Needham, 8685 Westwind Drive, submitted a petition requesting the property be rezoned for single family and not duplexes. ( petition attached) Dale Wenkus ,8706 Leeward Circle, stated he believes the density proposed is too high and the storm water plan is inadequate as runoff problems presently occur on Preserve Boulevard. Mr. Wenkus then asked if the units would be owner occupied or rented. Mr. ( Darkenwald replied they intend the units will be comprised of one rented and one owned. • Mr. Biebel ,8705 Leeward Circle, objected to more multiple in light of the existing project of Windslope nearby and requested the site be considered for single family. • • • • • .approved Minutes-Planning Commission -3- • May 8, 1978 • • . Mr. Biebel , asked if the house locations would be as depicted on the plat. The Planner replied the Engineering Department would be checking building pad location and elevations prior to final plat approval to insure proper drainage. Motion 1: ! Bearman moved, lynch seconded, to close the public hearing on Darkenwald Duplexes. Motion carried unanimously. Motion 2: - - Bearman moved, Redpath seconded, to recommend to the City Council rezoning from Rural to R1-13.5 for 2 existing single family lots, and from Rural to RM 6.5 for 52 duplex lots according to the plan dated April 4, 1978 based on the Engineering Report of May 8th, 1978, that all lots meet the 6,500 square foot minimum, and that the storm water plan be resolved to the City Engineer's standards. Motion carried unanimously. Motion 3: Dearman moved, lynch seconded, to recommend to the City Council approval of the preliminary plat dated April 4, 1978 subject to the staff reports of May 8 and April 18, and contingent upon the City Engineering Department approving the storm water plan, and the upgrading of Franlo Road. Motion carried unanimously. • • 1359 • • ENGINEERING ADDENDUM TO PLANNING REPORT FOR DARKENWALD PLAT DATE: May 8, 1978 The Engineering Department has met with Barr Engineering and the proponent concerning storm water runoff in the area of the proposed plat. The existing storm sewer system along Preserve Boulevard has been desig- nated to handle runoff from the area north of Franlo Road. The runoff area and the existing storm sewer system would be connected in conjunc- tion with the improvement of Franlo Road with contributing areas assessed per the cost of these improvements. The Developer has been requested by the Engineering Dept. to install a storm sewer system to handle runoff from the proposed plat and to grade the existing ditch to an acceptable condition. Utilities shown along the north limits of the plat would be installed in conjunction with the improvement of Franlo Road and be designed to provide service to the area north and west of the proposed plat. The proponent has indicated agreement with these revisions and should submit a petition to the City requestino the storm sewer and roadway improvements on Franlo Road. • CJJ:kh C _ e, _ .M.AL_ Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD 44 EDEN PRAIRIE, MINNESOTA 55343 * May 5, 1978 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Darkenwald Property Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District has reviewed the preliminary plans as submitted to the District for the above referenced project. The following policies and criteria of the Watershed District are applicable to this project. 1. A grading and land alteration permit application must be submitted to the Watershed District for thia project. Along with this permit application, a detailed erosion control plan outlining how sediment will be prevented from leaving the development both during and after construction must be submitted to the District for review and approval. 2. The District will require that a detailed storm sewer plan be submitted for review and approval. 3. A detailed grading plan showing both existing and proposed contours must be submitted to the District. Since this development is adjacent to Lower Eden Lake, which has a 100-year flood elevation of 815, the District will require that the minimum basement floor elevation be constructed two feet above this 100-year flood elevation. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, Allan Gebhard BARR ENGINEERING CO. AG/111 Engineer for the District cc: Mr. Conrad Fiskness Mr. Frederick Richards 891 . • ENGINEERING ADDENDUM TO PLANNING REPORT FOR DARKENWALD PLAT DATE: May 4, 1978 The Engineering Department is working with Barr Engineering and the proponent to ascertain if existing storm sewer along Preserve Boulevard is designed to handle drainage area north of Franlo Road. There is a meeting scheduled Monday, May 8th to work out the storm sewer . Approval of the plat could be contingent upon meeting Engineering Department requirements. The Engineering Department recommends the developer submit a petition requesting necessary impruvu,ents. The cost of these improvements could then be assigned to benefitting properties. DO:jj • l ►391 approved Monday, May 1, 1978 Minutes - Parks, Rec. and - 7 - Natural Resources Commission r. uarxen____ wale L11D eyes Lambert spoke to the Planning Staff report on the proposal. D. Anderson spoke to plan for Anderson Lakes Parkway and Preserve Parkway to become four lane parkways,and expressed concern for access across those parkways for residents. Lambert responded that he has been �tddressedeessed tsise- yet withthe Planning Department, fort bikei traffic. bHeagreed there is sides of ctor a needrfors are finding ouuttwhere the cross Duets tra will be. Minutes - Parks, Rec. and approved I•ia 1 1978 Natural Resources Commission 8 - Monday, Y f. parkenwald Duvlex (cant'd) • Kruell suggested incorporating them into the trail system for Eden Prairie. D. Anderson asked what the status of NeillLake was and what was the ulti- • matepond dpurpose as far private lakeon was concerned.the Preserve, and wasson setrup ponded that it was a as a wildlife area. NOTION: Fifield moved to accept-the Darkenwald Duplexes proposal with the staff recommendations. K uell seconded, motion carried unanimously. Chairman Anderson left at 10:30 PM, turning over the chair to-Vise-, 01,z11.,.,,:n Kruell._ - ----- _ -.-- _ ___ 1393 April 21, 1978 Engineering Staff Recommendations DARKENWALD DUPLEXES Supplement to April 18, 1978, Planning Staff Report 1. Storm sewer and grading plans must be approved by the Engineering Department and Riley-Purgatory Creek Watershed District. Storm water should be piped from Franlo Road to the south property line of the plat. This pipe must be designed and sized properly to • handle runoff from contributing areas north of Franlo Road. 2. Runoff from the roadways and adjacent areas within the plat must also be contained in storm pipes and should connect to the system from Franlo Road. 3. The Developer shall submit a finalized development plan. Prior • final plat approval or building permit issuance, which shall show proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, ponding and floodplain high water levels for 100 year storm and minimum floor elevations for all lots. 4. A deterioration of Franlo Road is expected when heavy construction traffic to the plat begins. The City must determine responsibili- ties for rebuilding or maintaining this roadway. 5. Assessment information: The following assessments have been levied: fi #5627 Trunk sewer and water $15,990 #6438 Neill Lake Storm sewer $14,346.75 #7016 Preserve Boulevard Improvement $2,550.00 CJJ:kh 139y • • • • • • approved Planning Commission .4- April 24, 1978 D. Darkenwald Duplexes, request by Darkenwald Real Estate for rezoning from Rural to RM 6.5 for 52 duplex units and from Rural to R1-13.5 for 2 existing _ - single family lots, and preliminary plat approval. The site is located west of Preserve Boulevard and South of Franlo Road. A public hearing. The Planner identified the site as being West of Windslope, South of Franlo Road, and West of Preserve Boulevard. He stated the staff is recommending a sidewalk on the west side of Preserve Boulevard be constructed at the time bf project construction. He then outlined the following two concerns the staff has with the project: 1. Storm water drainage is proposed overland and across lot lines. ( staff suggests catch basins and storm water system), and 2. Condition of Franlo Road should be upgraded. Bruce Knutson, Bruce Knutson Arch., stated they feel the overland drainage, with additional grading, will be adequate for the project. Levitt asked for the proposed density of the project. Knutson estimated over 3 units/ acre. Sundstrom inquired if the proponent agrees with the staff reports. Knutson replied they do except for the need for a storm water system other than overland drainage. Gil Darkenwald, Darkenwald Real Estate, stated the land does not have a drainage problem now , and believed a storm water pipe of 24 inches could not accoamodate the flowage that the overland drainage can. Darkenwald also stated he believes Franlo Road is in excellent condition'and the property owners do not favor any improvements. . McCulloch suggested additional studying on the drainage problems be done by the City staff and proponent to arrive at a satisfactory solution. Penelope Needham ,86 85 Westwind Drive. stated she would prefer to see the site developed as single family. Motion • Levitt moved, Retterath seconded, to continue the public hearing to May 8th for resolution of the storm sewer plans, grading plans, and For a more definitive • report from the City Engineer. Motion carried unanimously. J3/5 c_ STAFF REPORT • TO: Planning Commission FROM: Jim Jensen, Planning Assistant THROUGH: Chris Enger, Planning Director DATE: April 18, 1978 APPLICANT: Darkenwald Real Estate, Inc. PROJECT: Darkenwald Duplexes LOCATION: 11803 Franlo Road REQUEST: Rezoning from Rural to RM 6.5 and R1-13.5 Preliminary plat approval for 52 duplex lots with 26 attached units, and 2 single family detached lots on 15.77 total acres BACKGROUND: The 1968 Guide Plan carries a low density residential densignation as does the current Guide Plan Update. Low density residential is defined as 3 to 4.5 units/acre according to theproposed Guide Plan Update. The site is bounded on the north by Franlo Road and on the east by Preserve Boulevard. The Guide Plan Update shows high density residential north of Franlo Road and of this proposal. Single'family residential is shown south of the proposed site. 1968 Guide Plan Updated Guide Plan fit�� l � �.. ^~ z� k, J''5 .-pt:V �P ill f r` ,� ` �`r� tl� ` �,.IN\ Cy � :fli // . ., \ ----- Ai? �/�9 ;� ,`,1 �_�' 10 Cv%`c+d/' --,,rC��la �r'. jL. ` ���% ( r 1 �1'' �� NN- t----i-1,,--, i —• ice _, L .�/, I -- ..... t --- RAt p M C c.7 7 i \ ill Ili .- V e p icr: ' ...:. �� • SDI �_ 1. Z i.sre t ( . i,. k, :'V'1 / ,I,,.� --11,,E p ' -. • 1 ._ice ' ....p • l_1.( • L�. _ 1, Staff Report-Darkenwald Duplexes -2- April 18, 1978 LOCATION MAP laa _A_ <�:���`c•6E6 — - J. 2'+-PaK �� '1 4 t 61-a2- tTM3 C-�-a _ 1 • .s 7..n ij-3 -331 242 73-3 333 1 wr C:926 / iJ. - c•r�b �Shoppi ng , ;, Onderson: ,Lakes ..... s'�. i udor Center • PRESERVE \\ FP° , `\_i _Oaks+ Sc o�oner=0�.-- PUD \\_ /� ethos ` 's _;03'. 3 -- ,.� �._, o-t- .. —F PUB.. i '-3 i G Westwin - r� PUB i • :_1- \7,BUG'-'-`-'11)id e I'M ' v� Z,i 1;13.5 ..:11.\:\, r _ . , • • .`3-1I ice} �{'(�d. ?I��wY •,� s9 �'` �. N ' 2 °w/ .1..., su,P .,.// ZONING REQUEST The proponent requests rezoning from Rural to KM 6.5 for 52 duplex lots, and from Rural to R1-13.5 for 2 lots. Lot sizes vary from 6,325 square feet to 41,250 square feet and average 10,550 square feet for the duplex lots. The single family lots are 18,850 square feet and 20,590 square feet in size. The following are provisions of Ord. 135 for District RN 6.5 and R1-13.5 RM 6.5 R1-13.5 30' front yard setback 30' front yard setback 10'25' minimum side yard setback 10'25' minimum side yard setback 20' rear yard setback 20' rear yard setback 6,500 square foot minimum site 13,500 square foot minimum lot area per dwelling unit size per unit - maximum density of 2 units/ acre 13,000 minimunlot size /39/) - Staff Report-Darkenwald Duplexes -3- April 18, 1978 ACCESS, CIRCULATION Two cul-de-sacs take access from Franlo Road to serve the units in the proposal. Six of the duplex lots and one of the single family lots front onto Franlo Road. None of the units are fronted on Preserve Boulevard. The project will generate about 300 trips per day upon completion(based upon 7 ADT for • duplex units and 8.5 ADT for single family). Most of these trips will be funneled from Preserve 8oulevard to Schooner Boulevard and US 169/212. Preserve 8oulevard presently has about 1,800 ADT (average daily trips) and US I69/212 has about 15,100 trips. The staff feels that the condition of Franlo Road should be brought to the Conunission's attention for some consideration along with this proposal. Franlo Road has in the past been a gravel street; receiving a seal coat several • years ago and a 1" asphalt mat last summer. According to the City Engineering Department the road will soon deteriorate under heavier traffic use and especially under construction traffic use. The staff recommends that this road be considered for upgrading if the proposal is approved. SOILS, TOPGRAPHY, GRADING Topography The site is generally sloping from north to south with a drainage swale through the center of the property emptying the lower northeast corner. Soils Much of the soils on the western half of the site is fill brought in from nearby grading operations. According to soil borings done in June, 1977 about 10 feet of fill lies over existing soils on the site's west half. The underlying soils are a mixture of alluvial and galcial tills and have a texture varying from silty sand to silty clay and clayey sand. The underlying soils are basically good for the types of development proposed with the exception of the southern part of the site which consists of softer silty clays. 'The 10 foot of fill on much of the site is of a sandy clay or silty clay nature, is not sufficiently compacted, and is generally unfit for supporting foundations in its present condition. The borings support the idea of excavation of the organic and soft clay soils in the southern half of the site, and replacement with a controlled and compacted granluar material {or supporting footings The staff reconvnends that prior to issuance of building permits on this project, especially on the southern half, that additional soil borings be taken followed by appropriate corrective actions to insure adequate bearing strengths. Topsoil may have to be brought in during final grading operations since much of the original topsoil was covered during filling./3 ie R Staff Report-Darkenwald Duplexes -4- April 18, 1978 • Grading Grading of the site , as shown on the proponent's plans , is kept to a minimum, however since much of the property has already received 1D feet of fill grading will have to occur to compact and prepare the soils for development. The staff feels that the amount of grading on this site should not be considered as a detriment to sensitive development, but in fact should be encouraged to insure acceptable bearing capacities. jF PEDESTRIAN CIRCULATION The staff recommends that the developer install a concrete walk along Preserve Boulevard. An existing asphalt trail constructed by The Preserve runs from Schooner Boulevard to Anderson Lakes Parkway on the east side of Preserve Boulevard. The staff feels that collector status roads should provide for pedestrian movement on both sides. The walk should be 5 feet wide and be constructed from concrete according `^ City Engineering standards. Curb cuts should be installed at road crossings to accommodate bicycle traffic. itikAfcc ti a�• I TRAIL--a.4 • /3'19 Staff Report-Darkenwald Duplexes -5- April 18, 1978 • STORMWATER Stormwater from north of Franlo Road enters a culvert and is presently carried through an open drainage swale to the southern border of the site. The proponent plans to realign and regrade the swale and maintain the same type of storm drainage as exists. The proposal also shows taking stormwater from the streets through curb cuts and drainage swales to the above mentioned drainage swale(see Fig. 2). The staff feels that the treatment of the road stormwater is completely un- acceptable and should be carried in pipes from the street to an appropriate location. The staff also strongly recommends that the proponent install i', a storm pipe, appropriately sized, from Franlo Road to the southern property line. At the time that the property to the south is developed, the stormwater could then be continued in a pipe to the adjacent holding pond. \ff .3 in r /�ypUA� .r, g 0 t Q a d L7 a 1E1302 \ • C2�� ,, mg ii • IL'U7 Ai`9 ' a 1N Ply, 1lt�, �c'r�( ) G�uAli✓ Q v V a 1 Staff Report-Darkenwald Duplexes -6- April 18, 1978 RECOMMENDATIONS: The Planning Staff recommends approval of the following requests contingent upon items -e. 1. Rezoning from Rural to RM 6.5 for 54 duplex units on 27 lots and from Rural to R1-13.5 for 2 single family lots. 2. Preliminary plat approval : a. -additional soil borings be taken after rough grading and before any building permits are issued to insure adequate bearing capacities and internal drainage. -soils on the southern half of the site become more organic and should be excavated and backfilled with a coarse, granular material for footings. The developer should indicate to the commission, the procedure to be pursued to stablize the poor soils situation. -topsoil shall be provided in areas of fill to a depth of not less than 2 inches where topsoil is presently found to be inadequate. b. grading and erosion control plans shall be reviewed and approved by the Riley/Purgatory Creek Watershed District. c. a concrete walk be constructed by the developer in the ROW of Preserve Boulevard. Walk shall be 5 feet wide and constructed of concrete according to City Engineering specifications, (see fig. 1). d. Provisions of Ordinance 135 be observed and followed. e. all lots will be subject to the cash park fee according to Ord. 332. • JEJ:jmj • } (10! • . • ' I! • . II, !Jill III 3- " • 1 s.t . IiiII.01;1 ,..5 --t1_43k4-/-te . 1 i 34,t 1:;;11 i ••••• .....-____ ,11 ii.-f CI ir:!t• 1 I 1 1 •• 1 , • 1.1 • It a W 1 CC •• i '1 - 11 ' e % ; ii ii Is)iis 11 ll , •‘,.z- - _ .--, -„ -.._.___—, - ____ ,..t-. _-_-- -.---_____ * , ---T.T....r.--7Po Ir,...;-1--•.--a--,,.:-.Z..7,...... . , 6. .a.i•emu —_ oilvABino9---" " -3An3s38.:0 /•- ' ---•t - - . _ . .: .. . ._. .11IIS oe On?.I. ___o w•aw*A.••......4 or,./ VI . ------•-'-4j-..--,,'..--.7Z-4-.7,•-•;-:......Airs:::••-•zr".:-- 4- ..,/,.......,.. .., ,,, ,,-----th . #.. 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I II 1 , 4,7 ,,\I -- • - I--1, •N., , I --- '. i • , .z • •'1.1 '.. ./ : I RI . •- 4 ' .-- -1 i 1 a 71 : 1' . —7. --. l'•11, 7--7 ; _ -4 -I , ,.; . - IS I,'',.' • L 1 . . .t11 . . 1- ••-• r .1:2 : -•."• S . 3 . "2.7.:.1 It*-7---;-.-i- ! , j • 1 ' ,- 1,... ,.., " . !- • I r• 7---•• -- -,• • ; . I. . I I- i--•--z---s• i• i ; i-;.4-1..—:-.„______i_.,____, J ..,•el y I !.s.• .4 j I ....j.. ••i . .--4••• -1 — -,..74: .{:,4 I-..... • .2 1 .-- *.-_-*. ••? i t- P.,-:. " 1 1 . , , I • : • , '" \ .-,... ...---'' r • • ...*-4..--.----4 .'-'• •\ • .....'7 o .• ..-• .... r• 1:.. . , . ' • '.' . • . ' / . , •! . .: _..---'''. .z • ,- #. .3.4,ews t•on 04441 ajlikflIf'S 6.'•Moe @toe Mo.*6 MN.- • se ... e.' • • 1 ' .... • ... 'I •-. .-- -I • I q 0 a. 1 . 1 . . brruce knutsoO n arrch ectss . . • April 17, 1978 Chris Enger Village of Eden Prairie Dear Chris: Please add this information to our proposal for the Darkenwald Property. The following are the square footages for each of the lots: Lot #1 - 6800 sq. ft. Lot #29 - 7250 sq. ft. #2 - 6950 " #30 - 7250 " #3 - 7000 " #31 - 13775 " #4 - 7050 " #5 - 7150 #6 - 7300 " # 1 - 10,224 sq. ft. #7 - 7750 " # 2 - 9,656 " #8 - 10065 " # 3 - 20,590 " #9 - 22800 " * 4 - 7,100 " #10 - 24800 " # 5 - 7,100 " #11 - 22350 " # 6 - 7,100 #12 - 17700 " # 7 - 6,400 " #13 14750 " # 8 - 6,325 " . #14 - 14750 " # 9 - 9,600 " • #15 - 23200 " #10 - 7,500 " #16 - 41250 " #11 - 7,500 " #17 - 17550 " #12 - 9,600 " #18 - 12000 " #13 - 6,325 " #19 - 6750 " #14 - 6,400 " #20 - 7250 " #15 - 7,100 " #21 - 7250 " #16 - 7,100 " #22 - 7250 " #17 - 7,100 " #23 - 7250 " #18 - 7,100 " #24 - 7250 " #19 - 7,100 " #25 - 8800 #20 - 7,100 " #26 - 7400 " #21 - 7,100 " #27 - 18850 " #22 - 6,816 " • #28 - 7250 " #23 - 6,958 " • • 103 100 north sixth street/minneapalis/minnesota/55403/(612)338 8877 7 • June 7, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-104 RESOLUTION ORDERING IMPROVEMENTS (I.C. 51-320) WHEREAS, a resolution of the City Council adopted the 16th day of May, 1978, fixed the 7th day of June, 1978, as the date for a public hearing on the following proposed improvements: I.C. 51-326, Sanitary sewer on Eden Road WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published. notice of the Council hearing through two weekly publications of the re- quired notice and the hearing was held and property owners heard on the 7th day of June, 1978; NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement as above indicated is hereby ordered (and amended as follows). 2. The City.Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and speci- fications for the making of such improvement, with the assist- ance of Rieke Carroll Muller Assoc., Consulting Engineers. ADOPTED by the City Council of the City of Eden Prairie on • Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk I Ua1 Pec'd alit* Rosemount ROSEMOUNT INC.,POST OFFICE BOX 35129/MINNEAPOLIS.MINNESOTA 55435/TEL(812)941-5560 TWX:910-5763103.TELEX:29-0163 June 2, 1978 Mr. Roger Ulstad, City Manager 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Ref: Proposed Public Works Improvements I.C. 51-320 Dear Roger: The purpose of this letter is to again go on record as taking exception to Parcel 8230's inclusion in the proposed described limits of assessment of I.C. 51-320, trunk and lateral sewer improvements. Our previous exception, as outlined in my letter of July 30, 1976(copy enclosed), still holds. Parcel 8230 is landlocked by property belonging to others on the South and East and the lake on the North; therefore, the trunk and lateral sewer improvements would be unaccessable to us. Rosemount has no immediate or long range plans to develop that parcel, as evidenced by our present development to the West. We realize that trunk and lateral sewer such as the improvements proposed by I.C. 51-320 are essential to the planned growth and development of the community. We must, however, point out the inequities of I.C. 51-320 assess- ments since it only offers benefits to selected property owners having access to the system. Sincerely,aa..pazsz_ Ernest W. Echols Manager, Plant and Facilities Enclosure cc: Carl Jullie, City Engineer City Council 1409 19 • June 7. 1978 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 78-105 RESOLUTION VACATING CERTAIN STREET AND UTILITY EASEMENTS • WHEREAS, the City of Eden Prairie has a street and utility easement over following described land: • • . BLUFFS WEST • A ` STREET TO BE VACATED • • • That part of Homeward Hills Road in the Northeast Quarter of Section 35, • Township 116, Range 22 lying northerly of the northerly right of way line of Riverview Road. ALSO that part of Homeward Hills Road in the Southeast Quarter of Section 26, Township I16. Range 22 lying southerly of a line 30.00 feet westerly of and parallel with the following described line: Commencing at the southwest corner of the Southeast Quarter of said Section 26; thence on an assumed bearing of North 0 degrees 23 minutes 57 seconds West along the west line of said Southeast Quarter 340.01 feet; • thence South 0 degrees 23 minutes 57 seconds East along the west line of • said Southeast Quarter 5D.00 feet to the point of,beginning of the line to be described; thence southeasterly 113.56 feet along a tangential curve. concave to the northeast, with a radius of 639.33 feet and a central angle of 2B degrees 06 minutes 03.seconds and said line there terminating. STREET TO BE VACATED That part of Riverview Road in the Southeast Quarter of the Northeast Quarter of Section 35, Township 116, Range 22 lying southerly of a line • 30.00 feet southwesterly of and parallel with the following described line; Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of With 0 degrees 04 minutes 44 seconds East along the east line of said Southeast Quarter of the Northeast Quarter 396.69 feet; thence North 64 degrees 28 minutes • 33 seconds West 80.60 feet to the point of beginning: thence northwest-. erly 237.04 feet along a tangential curve, concave to the northeast with • a radius of 286.07 feet and a central angle of 47 degrees 28 minutes 33 seconds to the point of termination. ALSO lying southerly of a line 33.00 feet southerly of the following described line; Beginning at the point of termination of the above described line; thence South 73 degrees West 28.27 feet; thence westerly 207.71 feet along a tangential curve. - - -concave to the north with a radius of 279.87 feet and a central angle of 42 degrees 31 minutes 27 seconds and said line there terminating. - • NOS B. 10' drainage and utility easement between Lots 7 and 8, Block 2, Garrison Forest 2nd Addition. C. Old Amsden Road between Anderson Lakes Parkway and Franlo Road, Sec. 24. WHEREAS, a public hearing was held on June 7, 1978, as required'- by law, and WHEREAS, it has been determined that good area planning requires that this easement be vacated and that it would be in the public interest to do so, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDEN PRAIRIE: 1. Hereby vacates street and utility easements over the above described property. 2. A certified copy of this resolution shall be prepared by the Village Clerk and shall be a notice of completion of the pro- ceedings and shall be recorded in accofdance with the provisions of M.S.A. 117.19. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk j. • • /1/069 , • • • Unapproved Planning Commission Minutes -4- May 22, 1978 V. OLD BUSINESS A. Planning Reference File ' It was agreed the Chairman would meet with the City staff to develop the file format. VI. .W BUSINESS Vacation of portion of Amsden Hills Road. ..path moved, Retterath seconded, to recommend to the City Council approval the vacation of 'old' Amsden Hills Road from Anderson Lakes Parkway to Franlo Road. Motion carried unanimously. B. Vacation of portion of Homeward Hills Road. Redpath moved, Retterath seconded, to recommend to the City Council approval of the vacation of that portion of Homeward Hills Road from Bluffs Boulevard to Riverview Road. Motion carried unanimously. _ . N. • NO/ . • • Z • Unapproved Planning Commission Minutes -4- May 22, 1978 V. OLD BUSINESS A. Planning Reference File It was agreed the Chairman would meet with the City staff to develop the file format. VI. NEW BUSINESS A. Vacation of portion of Amsden Hills Road. Redpath moved, Retterath seconded, to recommend to the City Council approval of the vacation of 'old' Amsden Hills Road from Anderson Lakes Parkway to F ..lo Road. Motion carried unanimously. 0:cation of portion of Homeward Hills Road. •.path moved, Retterath seconded, to recommend to the City Council approval the vacation of that portion of Homeward Hills Road from Bluffs Boulevard . to Riverview Road. Motion carried unanimously. - - - • . . MX rlt/jh 6/1/78 Super Valu • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-14 • AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended by adding as follows: • See Exhibit A, attached hereto and made a part hereof by reference, which property shall be and hereby is removed from Rural Zone and shall be included hereafter in the Office District Zone. Section 2. The above described property shall be subject to the terms and conditions of that certain Rezoning Agreement dated , 1978 entered into between SUPER VALU STORES, INCORPORATED and the CITY OF EDEN PRAIRIE, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such Office District Zone. Section 3. This ordinance becomes effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 4 day of April , 1978 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1978. ATTEST: Wolfgang H. Penzel, Mayor John D: Frane, City Clerk Published in the Eden Prairie News on the day of ,1978. /1/09 • EXHIBIT A ORDINAtNCE NO. 78- 14 Parcel to be Rezoned that part of government lots 3 and 4, Section 11, Township 116, Range 22 and that part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 described as follows: beginning at the intersection of the West line of said Northwest Quarter of the Southeast Quarter of Section 11, and the Northerly right of way line of Hennepin County Road No. 60; thence North 0 degrees 01 minutes 29 seconds West (assumed bearing) along the West line of said Northwest Quarter of the Southeast Quarter of Section 11, a distance of 347.39 feet to the Northwest corner of said Northwest Quarter of the Southeast Quarter of Section 11; thence North 39 degrees 58 minutes 31 seconds East a distance of 1250.00 feet; thence North 32 degrees 56 minutes 14 seconds West a distance of 288.39 feet; thence North 58 degrees 43 minutes 33 seconds East a distance of 480.31 feet; thence South 35 degrees 05 minutes 40 seconds East a distance of 75.51 feet; thence South 23 degrees 01 minute 27 seconds East a distance of 1014.04 feet; thence South 0 degrees 19 minutes 10 seconds West a distance of 802.16 feet to . the Northerly right-of-way line of Hennepin County Road No. 60; thence Westerly along the Northerly right-of-way of Hennepin County Road No. 60 to the point of beginning; containing 35.71 acres. { Super Valu Store Headquarter Legal ,qi rlt/jh 6/1/78 Pheasant Oaks CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINQESOTA ORDINANCE NO. 78-17 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DrPS ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended by adding as follows: See Exhibit A, attached hereto and made a part hereof by reference, which property shall be and herebyisremoved fran Rural zone and shall be included hereafter in the R1-13.5 zone. Section 2. The above described property shall be subject to the terms and conditions of that certain Rezoning Agreement dated , 1978 entered into between BUR41ITH, INCORPORATED and the CITY OF EDEN PRAIRIE, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such R1-13.5 zones. Section 3. This ordinance becomes effective fran and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of , 1978 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the • day of , 1978. ATTEST: Wolfgang Penzel, Mayor John D. Frane, City Clerk Published in the Eden Prairie News an the day of , 1978. //di • • • • That part of the South Half of the Southeast Quarter of Section 16, Township 116, Range 22 lying southwesterly and southerly of the following described line. Commencing at the southeast corner of V1LLACE'W000S FIRST AUDITION. Hennepin County, Minnesota, according to the recorded plat thereof: thence North 70 degrees 12 minutes West, assumed bearing, along the southerly boundary line of VILLAGE WUOUS F$NST ADDITION a distance 'of 320.00 feet; thence south 19 degrees 58 minutes West 8.00 feet; thence North 70 degrees 12 minutes West 205.00 feet to the most southerly 'corner of Block 4, VILLAGE WOODS FIRST ADDITION; thence North 29 degrees West along the Southwesterly line of Block 4 a distance of 100.00 feet; thence South 8 degrees 28 minutes 47 seconds West 378.74 feet to a point hereinafter referred to as "Point A", said point also being the point of beginning of the line to be described; thence southeasterly 293.14 feet along a non-tangential curve, concave to the southwest having a radius of 541.16 feet and a central angle of 31 degrees 02 minutes 13 seconds, a chord of 289.57 feet and a chord bearing of South 61 degrees 58 minutes 08 seconds East; thence South 46 degrees 27 minutes 01 seconds East, tangent with said curve, 246.24 feet; thence southeasterly 182.76 feet along a tangential curve concave to the northeast having a radius of 233.18 feet and a central angle of 44 degrees 54 minutes 24 seconds; thence North 88 degrees 38 minutes 35 seconds East, tangent with said curve, 0.77 feet to a point on the south- erly extension of the easterly boundary line of VILLACE•WOOUS FIRST ADDITION; thence southerly on sold southerly extension to the south line of said South Half of the Southeast Quarter and said line there terminating. • And which lies southerly and westerly of the `-.flowing described line: Beginning at said "Point A"; thence northwesterly 130.92 feet along a non • - tangential curve, concave to the southwest having a radius of 541.16 feet and a central angle of 13 degrees 51 minutes 41 seconds, a chord of 130.60 feet and a chord hearing of North 88 degrees 02 minutes 42 seconds West; • thence South 88 degrees 39 minutes 04 seconds West, tangent with said curve, 263.92 feet; thence North 7 degrees 28 minutes 53 seconds West 94.67 feet; thence North 24 degrees 16 minutes 53 seconds West 369.61 feet; thence North 42 degrees 49 minutes West to the north line of said South Half of the South- east Quarter and there terminating. ALSO The south 33.0 feet of that part of the South Half of the Southeast Quarter lying easterly of the southerly extension of the easterly boundary line of VILLAGE WOODS • FIRST ADDITION. ALSO• _ _ All that part of the Northeast Quarter of the Northeast Quarter of Section 21, Township 116, Range 22 described as follows: Beginning at the northwest corner of said Northeast Quarter of the Northeast Quarter; thence south along the west line of said Northeast Quarter of the Northeast Quarter a distance of 321.69 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds 258.70 feet.; thence north- easterly, deflecting to the left 21 degrees 51 minutes 43 seconds • • EXHIBIT A. PHEASANT OAKS • • Pheasant Oaks 5-26-78 • DEVELOPMENT AGREEMENT • • THIS AGREEMENT, made and entered into in triplicate this day of , 1978 by and between BURMITH, INCORPORATED, a minnesota corporation hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner has requested City to change the zoning for a 55 acre site from Rural to R1-13.5 for development of land more fully described in Exhibit A, attached hereto and made a part hereof, and WHEREAS, Owner agrees to develop the aforementioned property in consider- ation of the City's changing of the zoning, and Owner further agrees as a part of said consideration it will lay nut, develop, and maintain such - .ject as hereinafter set forth. • NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the Mayor and City Council of the City adopting Ordinance 78-17 changing the zoning from Rural to R1-13.5, and Owner agrees to construction on said property in accordance with the planning, architectural, engineering, and landscaping requirements of all City Ordinances and will submit development stage rezoning plans to the City subject to the following conditions: 1. Owner agrees to develope said land as described in Exhibit A according to the brochure and preliminary plat dated Feb. 23, 1978 attached hereto as Exhibit B. 2. Owner agrees to submit sight distance plans for the intersection . of Village Woods Drive and Mitchell Road to the City Engineering Department for review and approval prior to final plat approval. 3. Owner shall construct a 6 foot wide recreational tract of 4 inch compacted deep strength asphalt on a compacted sub grade in Outlots B and C as shown in Exhibit C, attached hereto and made a part hereof. The trail shall connect to existing trails in Red Rock Hills 2nd Addition and future connection to parkland to the north. Upon satisfactory completion of the trail construction , the City shall reimburse the Owner for the cost of the trail construction at a cost not to exceed $4.00/lineal foot. /183 • Agreement-Pheasant Oaks page 2 • 4. Owner shall submit to the Riley/Purgatory Watershed District erosion control plans, sedimentation ponds, siltation pond plans, and grading plans for review and approval prior to final plat approval by City of Eden Prairie. • 5. Owner shall establish ground cover inmmedately following construction by use of sod or seed. 6. Owner shall construct along Village Woods Drive , in the ROW, a sidewalk of concrete, 5 feet wide, according to City Engineering standards and as per Exhibit C . 7 Owner agrees to submit revised street names to the City Engineering Department for review and approval prior to final plat submission. 8 . Owner shall extend the paving of Mitchell Road to the southerly limits of the proposed plat. 9. Owner agrees to loop the proposed watermain system through the most northwesterly cul de sac to the existing watermain located parallel to the west property line of the plat. Connection to the existing system shall also be required at the intersection of Village Woods Drive and Mitchell Road. 10.. Owner agrees to relocate the existing 18' storm sewer located within the plat, or adjust the final plat to City Engineer approval. 11 . Owner shall plat 9 foot radius along the property line at all ' street intersections and cul de sac returns to enable utility companies to install their lines without crossing private property . 12. Owner agrees to dedicate to the City 10.88 acres , identified • as outlot B on the preliminary plat attached hereto as Exhibit B., and shall pay all assessments and taxes on such dedicated land prior to title transfer. RI1q • Agreement-Pheasant Oaks page 3 ' 13. That all City Engineer reports be complied with and that all sanitary sewer, watermain and storm sewer facilities, concrete curb and gutter and bituminous surfacing, whether to be public or private, shall be designed to city standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The Owner, through his engineer, shall provide for competent daily inspection of all street utility construction both public and private. Asbuilt drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifications shall also be delivered to the city engineer. The Owner also agrees to pay for all City fees required. The Owner, prior to final plat approval, shall provide bonding or an approved letter of credit covering the estimated construction cost plus 20% for all street and/or utility system to be owned and maintained by the City. The City shall accept such street and/or utility system subject to recommendations of the City Engineer and a 2 year warranty hacked by a bond or letter of credit in the amount of 25% of the construction cost for such system. 14. That Owner agrees to develop said property in conformance with the material labeled as Exhibits B & C. And Owner agrees to promptly file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this agreement. 15. That if Owner fails to proceed in accordance with this Agreement within 24 months and provide proof of filing in accordance with paragraph 15 herein, Owner for itself, its successors and assigns • agrees that it will not oppose rezoning of said property back to Rural. 16. That the property Owner shall comply with all applicable rules, regulations, ordinances, and laws of the City of Eiden Prairie. • • 17. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns of the property herein described. • • 1qI _ • • • • Agreement-Pheasant Oaks • page 4 • • IN WITNESS WHEREOF, the parties to'this Agreement have caused these presents to be executed the day and year aforesaid. • CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota • BY: • Wolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager • STATE OF MINNESOTA) • ) S.S. • COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1978 by Wolfgang Penzel, the Mayor and by Roger Ulstad, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public • BURMITH, INCORPORATED, a Minnesota corporation of the State of innesota Richard M. it ,co-owner Robert L. Burton,co-owner The forego' g instrument/ was acknowledged�// before me this aL day of�Cviti-C.� 197 by .e/4/A'.�z �r r r fhb the /',d-- £' and by ,(" ?r�LJ the on - behalf of said corporation. +�� Cie0�i t1 iil.(JUt/1t AILh€z,. otary Public 4111441 REBECCA QUERNEMOEN NUTARY PUDUC—MINNESOTA • • MENNCP COUNTY• NYCommiss.on EsounIN 1U:: /4/I0 • • • • That part of the South Half of the Southeast Quarter of Section 16, Township 116, .Mange 22 lying southwesterly and southerly of the following described Itue. Commencing at the southeast corner of VILLAGE:WOODS FIRST ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof: thence North 70 degrees 12 minutes West, assumed bearing, along the southerly boundary line of VILLAGE WOODS FIRST AuuIT1ON a distance of 320.00 feel; thence south 19 degrees 58 minutes West 8.OD feet; thence North 70 degrees 12 minutes West 205.00 feet to the most southerly 'corner of Block 4, VILLAGE WOODS FIRST ADDITION; thence North 29 degrees West along the Southwesterly line of Block 4 a distance of 100.00 feet; thence South 8 degrees 28 minutes 47 seconds West 378.74 feet to a point hereinafter referred to as "Point A", said point also being the point of beginning of the line to be described; thence southeasterly 293.14 feet along a non-tangential curve, concave to the southwest having a radius of 541.16 feet and a central angle of 31 degrees 02 minutes 13 seconds, a chord of 289.57 feet and a chord bearing of South 61 degrees 58 minutes 08 seconds East; thence South 46 degrees 27 minutes 01 seconds East, tangent with said curve, 246.24 feet; thence southeasterly 182.76 feet along a tangential curve concave to the northeast having a radius of 233.18 feet and a central angle of 44 degrees 54 minutes 24 seconds; thence North 88 degrees 38 minutes 35 seconds East, tangent with said curve, 0.77 feet to a point on the south- erly extension of the easterly boundary line of VILLAGE WOODS FIRST ADDITION; thence southerly on said southerly extension to the suuth fine of said South Half of the Southeast Quarter and said line there terminating. And which lies southerly and westerly of the :. lowing described line: Beginning at said "Point A"; thence northwesterly 130.92 feet along a non- tangential curve, concave to the southwest having a radius of 541.16 feet and a central angle of 13 degrees 51 minutes 41 seconds, a chord of 130.60 feet and a chord hearing of North 88 degrees 02 minutes 42 seconds West; • thence South 88 degrees 39 minutes 04 seconds West, tangent with said curve, • 263.92 feet; thence North 7 degrees 28 minutes 53 seconds West 94.67 feet; thence North 24 degrees I6 minutes 53 seconds West 36Q.61 feet; thence North • 42 degrees 49 minutes West to the north line of said South Half of the South- east Quarter and there terminating. ALSO The south 33.0 feet of that part of the South Half of the Southeast Quarter lying easterly of the southerly extension of the easterly boundary line of VILLAGE WOODS FIRST ADDITION. ALSO All that part of the Northeast Quarter of the Northeast Quarter of Section 21,_ Township 116, Range 22 described as follows: Beginning at the northwest corner of said Northeast Quarter of the Northeast Quarter; thence south along the west line of said Northeast Quarter of the Northeast Quarter a distance of 321.69 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds 258.70 feet.; thence north- easterly, deflecting to the left 21 degrees 51 minutes 43 seconds • • EXHIBIT A. PHEASANT OAKS //7 ,... ---•-•.=1; .-------/—, --, --_:_,......77...,...:—is... dvba-711Hi h•V"z-----,-----4— r---i-. --r-— .-:-_:-.....1„.:„ .71< I --.. .......•I— \•• '‘ 's i t .-Pr--// / i 1 .4 I s1 1 t 1 t 1 ) . I 11 I 1).4 ' * ,1 „.\.......2.• •,., 1,,.:ti .t.I.t 4 t -7 -------- .J A.t.\c:.,—. tItt,=';'!: at,10 9 / _-70 , i i / • , 4:' ‘ . ...---:-,-,Z--- ,‘i- liP1Vt i! I.4 1:. 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V /„...1 t o , , ,, , 4 pi I ..:(T), ;•„! 0 , -.1.,' pl.. • / 0 /i I j I st_I 7 "; 'fr' 1 1 •I' 1 in , •'.*.' 1 i:,,,,, 1,:, &. t IV I ,A 4.1111,174:7:: :JT ' V.1• \ .. ,,\ ,,•\ , 1 _, 0 I , I P'.0 f'' ./ 'c:1•4EZC.. ..L'‘.4%_ ' 4. , ,.‘ ifl'.. ff.' ' '--' \ _C, i- -.. -, • A3 i 1.e ! 4 ,. s(.(\_..,-___ ____-1 /-• A‘," .11:.y.t? /14,.., '43A. ...\''.2,/,‘.4;-- —•\\\., DO , 1 • i f,,.., • ,i,„„ .., „•_,_ , ,,. , ., , .... ; I , . t. .. r. . „, . ,--,.\,, KIZ,..,`•- .'--. - ,) J: I- ,,i ,r.\., - I. -. --,'• 1 : . 14,!- , • --- )4 a; - 0,//A4 • ,ric ..- ti --- _ - fnftocg.'" -. _•• ., of PK'.......1.?..'.. _. .„.1Rti. i AVJ %a LS IS7*A11.).:117 1.01.11* /. PE'1,1V f' l•At1 I I ,N.... 7 ,,...., ,.... 1. PRELIMINARY PLAT , , , ' McCOMBS•KNUTSON ASSOCIATES,INC. I : /1/47 OF ) ..CO•f1H01.6 1441141111•1.40 111•1111•111111111114111.1111 I,-zi„G , A , A .1.10.1.1,11.•oiolC•1•10.1•AdMIA01114All 111•141110141 I f P146_ A5AUT CA. I_. } ' i i Y 1 49; 1 : • :t .. !-11 ,� I —t q -',/ /7,- -‘;:..-....i ...:.-,,:,...• .., , r itc,./:',--.. ,-,,ss.-..,-•.-. -,,-.- (J '', • � .!.19, v ` •- �it 6 l '0 / ,/7J7 �� p� — +" .I ', " -! ) 10 %f, ��/3a ..aII1 pI � : n � / / , ,'7.- d ..- N:i-N j _ %�, ` I. //_/4 i/Ai \_, ,: �ya-y�k \o ff;'�•-`\�- 4•\ R? ,cy:/- ,<„, '../(2:7- ...;.'. -,. •?,.•/ 41-7c.:1:.S.., -.•N.... ' ,.,;,: ,\4.7 , ".‘1.,...i. •' „ aI ✓ `: ` / �o / Y '•• -- Qt �f • . .-gyp • • , . , , \" Q ti I--� -)i� �1........f "if �,r*/t ��\{ 'd +� /mil� •.�L4 it �^( (� _F:---1:-"-.,i;:-z,,i:r[.f!..!.!.'0 .t7 \ �(\ i \\// JSwIG_. Yam` . ,/, o,,,J(•J`1 ", ° .<• Off`-:\O 1 1 1 . ' l/�,„ : ..` {P , \- \_ Y F%,i- , ! / o, ' '1 _ .1 / . .'• ZW. t ' \/ Y0 i -- V RcL/M/NARY PLAT \A1cC0Mt3S-KNUTSON ASSOCIATI: INC. 1, 1 ..»ill.. \ O•WIh•f iKiallq Y Itaf It.,Uf,l•flli I ni i io rlt/jh 6/1/78 Prairie East 8th & 9th CITY OF EDEN PRAIRIE HENNEPIN COUNTY, DANNESOI'A ORDINANCE NO. 78-23 AN ORDINANCE RELATING TO ZCNING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDFN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended by adding to Section 25, Township 116, Range 22 as follows: That part of Section 25, Township 116, Range 22, described as follows: Beginning at a point on the east line of the Northeast Quarter of said Section 25, distant 549.99 feet south of the northeast corner of the South Half of the Northeast Quarter of the Northeast Quarter; thence westerly at right angles to said east line 93.82 feet; thence westerly 106.22 feet along a tangential curve concave to the north, having a radius of 481.01 feet and a central angle :.f 12 degrees 39 minutes 08 seconds; thence northwesterly, tangent to said curve, 100.00 feet; thence westerly, southwesterly and southerly 314.16 feet along a tangential curve concave to the southeast, having a radius of 200.00 feet and a central angle of 90 degrees; thence southerly, tangent to last described curve, 203.00 feet; thence southeasterly 156.56 feet along a tangential curve con- cave to the east, having a radius of 200.83 feet and a central angle of 44 degrees 40 minutes; thence southeasterly, tangent to last described curve, 65.00 feet; thence southerly 288.56 feet along a tangential curve concave to the west, having a radius of 344.45 feet and a central angle of 48 degrees; thence southwesterly, tangent to last described curve 238.23 feet; thence southerly 61.44 feet, along a tangential curve concave to the east, having a radius of 226.85 feet and a central angle of 15 degrees 31 minutes 09 seconds to the south line of the north 50 rods of the south 70 rods of said Southeast Quarter of the Northeast Quarter; thence easterly along said south line to the said east line; thence north along said east line to the point of beginning. ALSO Outlot C, Prairie East 2nd Addition, according to the recorded plat thereof, (Prairie East 8th Addition) which property shall be and hereby is removed from Rural zone and shall be included hereafter in the RM 6.5 zone. • too • • Section 2. Appendix A of Ordinance No.•135 is amended by adding as follows: • Outlot B, Prairie East 3rd Addition, according to the recorded plat thereof, (Prairie East 9th Addition) which property shall be and hereby is removed fran Rural zone and shall be included hereafter in the RM 6.5 zone. Section 3. The above described property shall be subject to the terms and conditions of that certain Rezoning Agreement dated , 1978 entered into between HUSTAD DEVELOPMENT CORPORATICN and the CITY OF EDEN PRAIRIE, which agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City relating to such I, RM 6.5 zones. Section 4. This ordinance becomes effective fran and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this _day of , 1978 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1978. Wolfgang Penzel, Mayor ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1978. -2- 1 root I • • Prairie East 8th &9th • • 5-22-78 DEVELOPMENT AGREEMENT • • THIS AGREEMENT made and entered into in triplicate this _day of • , 1978 by and between HUSTAD DEVELOPMENT CORPORATION, a minnesota corporation , hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", • WITNESSETH: WHEREAS, Owner has requested City to change zoning for a 24 acre site from Rural to RM 6.5 for development of land more fully described in Exhibit A attached hereto and labeled as Exhibit A. and • WHEREAS, Owner agrees to develop theaforementioned property in consideration _ of the City changing of the•zoning, and Owner further agrees as a part of said consideration it will lay out, develop and maintain such project as hereinafter set forth. NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the City adopting Ordinance 78-23 changing the zoning from Rural to RM 6.5 Owner agrees to construction on said property in accordance with the planning, architectural, engineering, and landscaping requirements of all City ordinances and will submit development stage plans to the City subject to the following conditions: • 1. Owner shall develop said land as described in Exhibit A according to the approved preliminary plats of March 14, 1978& May 8, 1978 as 160 townhouse units. Said plats attached hereto as Exhibit B. • 2. Owner shall retain the open area and storm water retention pond adjacent to the proposed 7th Addition, across Linden Drive from the 8th Addition, in private ownership. This area is to be designated a wildlife natural area with improvements to include a trail from the northern boundary southeasterly to Linden Drive. This trail is to be maintained privately with right of public use. 3. Owner shall develop two outside recreational facilities (one for the 8th Addition and one for the 9th Addition), with playground uses and structures. Said totlots will be graded and seeded by Owner and located away from any bodies of water. Further these recreational facilities will belowned and maintained by homeowner association. ,� • page 2 4. The 9 acre park site south of Buckingham Drive shall be dedicated to the City and the Owner shall grade and seed the entire park site in accordance with the City site plan. Further, the Owner shall construct a play structure and a back stop on the site. 5. That Owner agrees to dedicate a total right-of-way width of 60 feet from and along the centerline of CSAH 18. 6. That all access from the plats to CSAH 18 must be via existing Linden Drive. Any planned revisions to the Linden Drive/CSAH 1B intersection will require a new entrance permit application. 7. Owner shall construct turn lanes on Co.Rd. 18 according to Hennepin County Highway Department requirements. 8. Plat approval is subject to the developer(owner), correcting the drainage in conformance with Hennepin County Entrance Permit No. 1452, and upon developer ( owner ) repairing the damaged shoulder areas. 9. Owner shall submit plans to Riley-Purgatory Watershed District with grading and land alteration permits for approval. That alteration be staged so as to minimize the effect on waters of the District. Further, Owner shall submit erosion control plan outlining how erosion will be controlled on development of the site both during and after construction. 10. Owner will submit for City Engineering Department approval plans depicting the ownership and maintenance of utility lines and service prior to final plat approval. 11. Owner will submit to City Planning/Engineering Department for approval plans depicting the approved siting of all buildings and street prior to final plat approval. • 12. Owner shall submit a finalized development plan, prior to final plat approval, or building permit issuance , to depict proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, pending and floodplain high water levels for 10D year storm , and minimum floor elevations for all buildings. • • 1423 Prairie East 8 & 9 Additons page 3 12. That the 8th & 9th Additions will be subject to City Cash Park Fee as per Ord. 332, $200/unit. 13. That Owner submit to City Staff , prior to final plat approval, the homeowner association document for review and approval. This document must be filed at Hennepin County. 14. That Owner agrees to construct a sidewalk along the west side of Linden Drive, as depicted in figure 2 from the March 20, 1978 staff report, attached hereto as Exhibit C. Said sidewalk shall be S feet wide , of concrete and according to City Engineering standards. Further, said sidewalk shall be constructed at time of utility and street construction. 15. Owner shall excavattall areas of poor soils to an appro- priate depth and backfilled and compacted in order to provide lots requiring only normal foundations. 16. Owner shall preserve natural vegetation and landforms wherever possible in the grading process. Revegetation shall occur immediately following grading and construction to prevent excessive soil loss from erosion. 17. Owner shall remove all elm trees marked for Dutch Elm Disease prior to July 1, 1978. Marginal oak trees should be removed during construction to avoid more costly removal. later. 18. Owner shall improve storm water drainage swales between the 1st and 2nd additions per City Engineer requirements. Said improvements to occur within 90 days of this agreement. 19. Owner shall follow provisions of landscaping Ordinance 178, including screening of parking and utility areas from public roads. Tree plantings shall also occur where necessary for buffering from surrounding residential uses. • 20. That Owner shall submit a noise abatement plan for the additions for City and County Staff review and approval prior to final plat approval, /yay 1 • • Prairie East 8&9 ' page 4 21. That the City Engineer's reports be complied with and that all sanitary sewer, watermain and storm sewer facilities , concrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The Owner, through his engineer,shall provide for competent daily inspection of all street and utility construction both public and private. Asbuilt drawings with service and valve ties on reproducable mylar and certification of completion and compliance with specifications shall also be delivered to the City Engineer. The Owner also agrees to pay all fees for City Engineer and administrative services consistent with current City requirements. The Owner, prior to final plat approval shall provide bonding or an approved letter of credit covering the estimated construction cost, plus 20% for all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility system subject to recommendations of the City Engineer and a 2 year warranty backed by a bond or letter of credit in the amount of 25% of the construction cost for such system. 22.That Owner agrees to develop said property in conformance with the plat dated Jan., 1978 attached hereto as Exhibit 8. And Owner a;rces to promptly file this Ayreement with the Register of Deeds and supply the City Clerk with a copy of this Agreement with infor- mation as to Document Number and date and time of filing duly certified thereon within 60 days from the date of said agreement. That if Owner fails to proceed in accordance with this Agreement 23.within 24 months and provide proof of filing in accordance with paragraph #11 herein, Owner for itself, its successors, and assigns agrees that it will not oppose a rezoning of the property back to Rural. 24. That the property Owner agrees to comply with all applicable rules, regulations, ordinances, and laws of the City of Eden Prairie. 25. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. Page 5, Prairie East 8E9th Additions . IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. • CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota • BY: Its Mayor, Wolfgang H. Penzel BY: Its Manager, Roger K. Ulstad The foregoing instrument was acknowledged before me this day of , 1978 by Wolfgang H. Penzel, the Mayor and by Roger K. Ulstad, the City Manager • of the City of Eden Prairie, a municipal coporation on behalf of said corporation. Notary Public HUSTAD DEVELOPMENT CORPORATION, a minnesota corporation of tie Stat/e of Mi nesot BY: C / '�1 • Its 94.¢.r BY: Its The foregiooipg }'nstrume t waa, acknowledged before m this Lday o L. 1 L , 1978 by Wa//k2 /7• /i'I4•T/L the -S• , and the on behalf of said corporation. EJAMES L.OSTENSON No a ry Public ffi., igiS,C7a4rni NOTARY PUBLIC—MINNESOTA .!NGN N•••• COUNTY M1 COY Ni,Rio..uY...�•NUV.ftl.18 B1 /q2 . • { • • • . • 8th Addition legal description -That part of Section 25, Township 116, Range 22, described as follows: beginning at a point on the east line of the Northeast Quarter of • said Section 25, distant 549.99 feet south of the northeast corner of the South Half of the Northeast Quarter of the Northeast Quarter; thence westerly at right angles to said east line 93.82 feet; thence westerly 106.22 feet along a tangential curve concave to the 1 north, having a radius of 481.01 feet and a central angle of 12 degrees 39 minutes 08 seconds; thence northwesterly, tangent to said curve, 100.00 feet; thence westerly, southwesterly and south- ' erly 314.16 feet along a tangential curve concave to the southeast, • ' ;having a radius of 200.00 feet and a central angle of 90 degrees; thence southerly, tangent to last described curve, 203.00 feet; thence southeasterly 156.56 feet along a tangential curve concave .,• to the east, having a radius of 200.83 feet and a central angle of - ? 44 degrees 40 minutes; thence southeasterly, tangent to last described curve, 65.00 feet; thence southerly 288.56 feet along a tangential curve concave to the west, having a radius of 344.45 feet and a central angle of 48 degrees; thence southwesterly, tangent to last described curve 238.23 feet; thence southerly 61.44 • feet, along a tangential curve concave to the east, having a radius of 226.85 feet and a central angle of 15 degrees 31 minutes 09 seconds to the south line of the north 50 rods of the south 70 rods of said Southeast Quarter of the Northeast Quarter; thence easterly long said south line to the said east line; thence north a:ong La, cast line to the point of beginning. ALSO Outlot C, Prairie East 2nd Addition, according to the recorded plat thereof. • • 9th Addition legal description: Outlot B, Prairie East 3rd Addition , according to the recorded plat thereof. a • • • • EXHIBIT A --Prairie EAst 8th & 9th Additions Rezoning Agreement • . • . . ' •••••,.../"" \ .i I I ti '' . , .. - • - i / .1 i .... ' • -1-------' I 1 1 _ . ', . -. , • ,' , 1 : , •)•3 i -i- ---- .- • . / , 4/---- ,. / _.------:---.. f-,,f • .. -, d .,..// ( • , 11/ • • • - • 'l • I :'. , .•-• t '. 7') -1.. ,. . ' . / r. 1. 1 . . l____. P = .• • . --il t . I • k•• .,_...__ , i• .‘ , • t. l'i 1 • . r.; ---\ \ ' I.. ,. •.• ; f i • ' ---,\ , ,,, •ii,.. ., .,.. . . , ...., . II .• 2 Kv.......... ,... ....1 :C:0 N,...:1 1: : ! f ' • ,, , • f 1 '- i'? .., .• ,... t: •_ • . • 1 .....•. . ,..,- •\., -:. _ •. ,\-;,.. -,,..,.. ... \ ': , . • ' F.•-• \ \--- ('' i \ \ . . /7----.--..,...r - ,..-- •,/- ‘. .••. - r-: ',-, ‘ '• • 1-.... . . ., . . ,.1 e; . , ci ': •., '.., \ 1 -:A ' - , . t , ,.. • • .., .. • ., . . d _ • a _ 0 . 1 '..:'' ' - L , ...I, — .. .5 ' I ""'' • • • • ' 0 I i ' . "'•-- " 0 .- I " 1'4 .; . ....._.r- "•• . • , -,,,, . -1 .• ---*-•' •--- • IT • • . . . j rL-\-----.._:......1 ---s.,././ .: /1 • . • -- ----.N..... , - • ' ' _.,./ 1 1 . .• : N. /: •. r- C.,. •f \,..4 ); '. / // .,• - .. ', -\ - • '`-;•-•`.› 7 ; ' •\ ,..- • -• .. / // U :' `• • ' . • . • . (") / /1/0 i • : • I cy• . . . \ C. 21 . X .'. I • I 01 i 4 rk•t•o P . ;. • . • i . •7 ‘' Il hi 1,, )3 . n .- r,; • : . / . • • • Tohcea+ • . r �i►rr�pE{{if1XtI? . • s `� s Fo �� i 1 (f'\ I uieE7.t' I6�2'f el • • EXHIBIT C la Prairie East 8th 8 9th Additions Rezoning Agreement • rlt/jh 6/1/78 Bachman-Anderson, Inc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MThiNESOTA ORDINANCE NO. 78-26 AN ORDI ANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended by adding to Section 13, Township 116, Range 22 as follows: That part of the East 615 feet of that part of Government Lot 7, lying South of State Highway Number 5, in Section 13, Township 116, Range 22, and situated in Hennepin County, Minnesota, lying North of the following described line: Camencina at the intersection of the East line of said Government Lot 7 with the South line of Old State Highway Number 5; thence on an assumed bearing of South 0 degrees 02 minutes 40 seconds West along the East line of Government Lot 7, a distance of 544.57 feet to the beginning of the line to be described; thence South 66 degrees 30 minutes West, a distance of 320.00 feet; thence South 22 degrees 30 minutes West, a distance of 236.00 feet; thence South 86 degrees 30 minutes West, a distance of 160.00 feet; thence North 42 degrees 12 minutes 02 seconds West, a distance of 106.81 feet, more-or-less, to the West line of said East 615.00 feet and there terminating, which party shall be and hereby is removed from Rural zone and shall be • included hereafter in the Office zone. Section 2. The above described property shall be subject to the terms and conditions of that certain Rezoning Agreement dated , 1978 entered into between BACR4AN-ANDERSCt1, INCORPORATED, a Minnesota corporation • and the CITY OF EDEN PRAIRIE, which agreement is hereby made a part hereof • and shall further be subject to all of the ordinances, rules and regulations of the City relating to such Office Districts. 1 y3U Section 3. This ordinance becomes effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of , 1978 and finally read and adopted and ordered published at a regular meeting of the City Council of a4d City an the day of , 1978. Wolfgang Penzel, Mayor MUST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1978. • GG -2- • • • • James E. Sutherlin S-30-78 • DEVELOPMENT AGREEMENT THIS AGREEMENT made and entered into in triplicate this . day of , 1978 by and between James E. Sutherlin, of the County of Hennepin, hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has requested City to change zoning for approximately a 12 acre site from Rural to Office District for development of land more fully described in Exhibit A attached hereto and labeled as Exhibit A, and WHEREAS, Owner agrees to develop the aforementioned property in consider- ation of the City changing of the zoning, and Owner further agrees as a part of said consideration it will lay out, develop and maintain such project as hereinafter set forth. NOW THEREFORE, this Agreement witnesseth that for and in consideration of the City adopting Ordinance 78-26 changing the zoning from Rural to Office Owner agrees to construction on said property in accordance with the planning, architectural, engineering, and landscaping requirements of all City ordinances and will submit development stage plans to the City subject to the following conditions: 1. Owner agrees to develop said land as described in Exhibit A as an office building as submitted by the Owner and approved by the City attached hereto as Exhibit B dated March 8, 1978, and revised site plan attached hereto as Exhibit C dated April 10, 1978. • 2. That Owner shall submit final grading plans to the City Planning and Engineering Departments prior to final approval. 3. That Owner shall submit to City staff prior to building permit issuance detailed landscaping plans showing buffering along the eastern border, overstory tree planting within the parking area, and rcvegetation of graded slopes for review and approval. Development Agreement James E. Sutherlin Page 2 4. That all grading and drainage plans must be submitted to and approved by the Nine Mile Watershed District. Further, Owner agrees to comply with the Watershed District Letter of April 19, 1978, attached hereto as Exhibit D. S. That the impact of the second phase of building upon the Bloomington residents shall be mitigated using the following • measures: • a. building should be designed to terrace from the west to the cast to decrease the massing. b. buffering and vegetation shall be introduced along the southerly and easterly ends of the second phase building and easterly edge of the parking ramp area. 6. That access to the rear of the building for fire and emergency vehicles shall be provided subject to staff approval. 7. That any significant deviation from the approved site plan and building plans be submitted to the Planning Commission for review and approval. 8. That an effective barrier acceptable to the staff be constructed on or north of the Blacklock Line in order to prohibit disturbance of the wildlife area. 'i 9. That cash park fee of $1,200/acre be applied to the acreage requested for rezoning payable at time of building permit issuance. 10. That lighting in the parking area shall be of the low canopy type which confines lighting to the site area. 11. That final exterior color and materials be reviewed and approved by the Planning Staff with the understanding that the blending with the natural areas should be done to a maximum effect, brick and glass are the proposed materials. • 12. Owner shall work with City Staff and affected Bloomington residents • for review of drainage and landscaping plans to buffer the office use from the single family. 13. The City agrees to a variance of the maximum height restriction in Ordinance 135 from 35' to a maximum of 45'. 4: 9. • • Development Agreement James E. Sutherlin Page 3 14. That the City Engineer's reports be complied with and that all . sanitary sewer, watermain and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether to be public or private, shall be designed to City.standards by Registered Professional Civil Engineer and submitted to the City Engineer • for approval. The Owner, through his engineer, shall provide for competent daily inspection of all street utility construction both public and private. Asbuilt drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifications shall also be delivered to the City Engineer. The Owner also agrees to pay all fees for City • requirements. 15. A barrier of either dense landscaping or fencing for the purpose of preventing physical intrusion into the wildlife areas south of the 852 topographic contour shall be designed and submitted to the • City staff for approval prior to construction. The barrier shall be placed at or north of the 852 contour. 16. That Owner agrees to develop said property in conformance with the material labeled as Exhibits B 8 C. And Owner agrees to promptly file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this agreement. 17. That if Owner fails to proceed in accordance with the Agreement • within 24 months and provide proof of filing in accordance with paragraph 15 herein, Owner for itself, its successors and assigns agrees that it will not oppose rezoning of said property back to Rural. 18. That the property Owner shall comply with all applicable rules, regulations, ordinances, and laws of the City of Eden Prairie. 19. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns of the property herein described. • 20. Any approval required of the City or its agencies by this Agree- ment will not be unreasonably withheld. 21. If Owner fulfills the requirements of this Agreement to be ful- filled prior to construction, City will furnish Owner with a written acknowledgment of such compliance in recordable form, and if Owner ujipletes construction in compliance with this Agreement,on carpletie: City will furnish Owner with a written acknowledgment of such compliance in record.ihle form. 22. Owner has 24 months to fulfill the requirements of this Agree- . ment and if Owner fails to fulfill the requirements within said period, Owner has no liability to City except as provided in Paragraph 17 above, and if the property is rezoned back to . Develcpnnt Agreement James E. Sutherlin Page 4 ?; Rural, then this Agreamnt shall be terminated by written agreement between Owner and City in recordable form. IN WI'1 ESS WHEREOF, the parties to this Aycec2ttnt have caused these presents to be executed the day and year aforesaid. CITY OF ELDEN PRAIRIE, a municipal corporation of the State of Minnesota BY Wolfgang H. Penzel, Its Mayor By Roger K. Ulstad, Its Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1978 by Wolfgang Penzel, the Mayor and Roger U]st d, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public • James E. Sutherlin STATE OF MINNESOTA ) SS. , COUNTY OF� The regoing instrument was acknowledged before me thisoday of , 1978 by James E. Sutherlin. J� Notary.Public OLD STATE HWY NO. 5 WEST 78'2 ST. 5� 6 COa1Z' 37•W• _.... • 17 3 ` 1 (; • )� (.,. Off S. / 1. ! { Z . 5'� p 3 °m i �D n1 rn��Qf / inL I o to vey/- ail . c.,1/4 1 a oo-0.- '\ j / /j i vI i Z G / mi \� � `SNoon ^i •:',-..7 .,----__ ,, li ' ,, Ili N - • �.. / J);GQ,, w 1`✓ 1 l+. V➢• O / O J �^/ \\\ -- N f r(,i 1 In r •9enuM, Pon 6.,a.vme A< IcM J 4 •glee' ' 1{ • d,_.. t / O „Plo a 1 In v 4..-r I ,<!Val• i) I 14 UO \ 1111 it ni s9 t s �• Henn Co.Monument M.C. __ 14132 _.a -W.,te -_lee- '.Yes 76 , ANDERSON LAKF_• y,1-11511- A• • A5 LOCATED tV APRIL,/973 • Dee<rlptlen -'total Parcel The East Oil feet of that part et Government let 7, lying South of 7 State Hlohvay%,wher 5, In Section I),Tovn•hlp 116. Hangs 22,and 1 eltwte In Hennepin Co,mty. Hinne•ota. king re01•tered fond••I•evidenced by the Certl hilt,of Tltl• So. VJ 15. 4 A<LA7, PARf.1:L 1 • -t,RVLY lNt 10 WAlt IIL•I4t. 0 75 7 AGM1[4 11,•!port of the 1:S<t all feet of'hot earl of 1,wernarnt let 1, I71n1 Senth of GI•te ▪ DIVISION IINf TO ',Ave,' :iN[, 1.747 AC Rth 1110 .7 Ihnher 5, In',reline 13,1,wn•hip IIA,•on,;e'7.and<Itnat,A In Ilrnnepin NORTNE RLY f•aM1 fail IO.ZTIA ALR[h Comte, Mlnne•M•, ivin<!.nr{1.of the Inllnvi nv.Io.onlht`A I lnr: t'nma,n.Ine,.t the Int eeeeee len of the'oat linen •aid,. dr m t`• :01 7 vItl,the< ,tl,line of(II.I«ot• IIIRiwny I••'A•er 5:theonlotA d n nn+l h..rinh nl ,,. 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V BACHMAN-ANDERSON INC. . r --) • CORPOR A T t: liC AlIQU A It T E RS 4 gx1-11.B.iT Nine Mile Creek Watershed District .c y� ; 4344 IDS CENTER 7`k�.. ,`—. MINNEAPOLIS, MINNESOTA 55402 . If • r • April 19.•1978 xa • ni n ' . . Mr. David Weir `\ • Cramer-Weir ConstructionQ • I 12450 Wayzata Blvd. /`Minnetonka, Minnesota 55343 "1• ' • •Re: •Bachman-Anderson, Inc. Building • . Dear Mr. Weir: The Board of Managers of the Nine Mile Creek Watershed District has reviewed • the plans and grading and land alteration permit application as submitted to the District for the above referenced project. The Managers find the plans to . be in general conformance with the policies of the District and,.therefore. I approve of the grading and land alteration permit subject to the following. i 1. The District will require that the hay bales shown on the erosion } control plan be installed prior to the commencement of land `) alteration. These bales must remain in place and be properly I. maintained until all altered areas on the site have been restorL . . 4 2. A detailed utility plan must be submitted to the District for review and approval. i s. 3. The District requests to be notified 48 hours prior to the commence- ' ment of land alteration. j 1 If you have any questions regarding the District's comments. please contact . us at 920-0655. • Yours truly, / John D. Dickson BARR ENGINEERING, CO. . Engineer for the District . Approved by the Board of Managers • • NINE MILE CREEK WATE 'D DISTRICT TJD/111 �/yl'Z C--1-•" W. cc: Mr. Raymond Haik • Mrs. Phyllis Larsen Date: , Mr. Chris Enger • I • • £�h1 bit D • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • ORDINANCE NO. 78-44 AN ORDINANCE CHANGING CERTAIN STREET NAMES WITHIN THE CITY OF EDEN PRAIRIE • • The City Council of the City of Eden Prairie herein ordains the following street name changes: • NM, Sec. 3 R.L.S. 1054 Tract N is Industrial Drive Nig Sec. 4 Change Valley Road to W. 157th Ave. Delete Circle Dr., Hilltop Lane and Hillcrest Road Change Eden Dr. to North Eden Dr. • Change Prairie Road to South Eden Dr. S5 Sec. 5 Delete W. 67th St. west of 174th Ave. W. Change 174th Ave. W. to W. 175th Ave. S5 Sec. 14 Change Ring Road to Schooner Boulevard Nig Sec. 18 Change (North-South) Cartway to W. 184th Ave. Change (East-West) Cartway to W. 82nd St. S5 Sec. 18 Change (North-South) Cartway to W. 184th Ave. Nk Sec. 23 Change East-West Parkway to Anderson Lakes Parkway Nag Sec. 24 Change East-West Parkway to Anderson Lakes Parkway S1 Sec. 24 Change East-West Parkway to Anderson Lakes Parkway Change Amsden Road to Anderson Lakes Parkway Ns Sec. 25 Change Red Cedar Circle to Dogwood Circle Olympic Circle in the street name in Bonners & Waters First Add. Nil Sec. 30 Change Tract U to Lakeland Terrace & Circle, R.L.S. 783 Change Tract U to Highview Drive, R.L.S. 783 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of , 1978, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1978. Uolfgang H. Penzel, Mayor ATTEST: • John D. Frane, City Clerk Published in the Eden Prairie News on the day of • , 1978. /4/32 TO: Roger K. Ulstad, City Manager FROM: John D. Frane, Finance Director DATE: May 31, 1978 RE: "Antirecession Fiscal Assistance Program" These grants are given to communites to stimulate employment in the public sector and are based on the unemployment rate in the community. We receive about $1,000 per year. We are required, in order to receive these funds, to state the use to which we will put them. It would be convenient to state that they will be used for Public Safety purposes. Resolution No. 78-103 is attached for your consideration. JDF:bq 5/31/78 a 1183 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Resolution No. 78-103 • HE IT RESOLVED by the Eden Prairie City Council that fund received under the Antirecession Fiscal Assistance Program be used to fund Public Safety Services. ADOPTED by the Eden Prairie City Council this day of , 1978. Wolfgang H. Penzel, Mayor SEAL ATTESTED: • John D. Frane, City Clerk 1434 • • • • W. Penzel • S. Pauty P. Obtenholt 3. Aleyena W. Bye I have mixed emoti.on4 about my deciaeon but I have weaigned inom Pittabuky and wilt move to Datlaa as a pant ownen and Pnedadent ob a wwtehouaing binm. This was not an easy decision to make but the oppofctwti.ty to own and manage a wanehowsing buainee.a .co anew challenge I £.ind exciting and, hopebutty, penaonally newaiding eo the deciaion was not that di i bicuLt. Oua peksonat livee wilt be deeply a66ected by this move a.ance we wilt be Leav- ing behind many pen4onat bniende, two ob oun Sami.ty and a grteat ptaee to Live. We mitt, hauevex, a.tway.o nememben you and Eden Pnainie. I am pncvitedged to have served on the. City Council. and Planning and Zoning Commi44ion with you and mitt have bond memories ob our many 4haned expenieneee. I am very proud ob being a minute pant ob helping dedicated people, .such as youn.aetvee, to cause exciting things to pew that wilt va4tty ab$eet the butwce 06 t!._ city. Thank you bon ,haring a pwat ob pun libe with me. Sincenety, ohn McCulloch • r#3 (RIM$3 -C7as LAM Or/IDES LAND AND PAULY, LTD 41010 IDS CENTER NINNEAPOLIR,MINNEROTA ROSENT I.LAND NODES A.PAULY OAVID N.ONCOESSON R.TNOMAN ,JN. LAWRENCE.1.■RGOLUND March 30, 1978 • MAR 31197g Roger K. Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Ulstad: Enclosed please find the Proposal of Lang and Pauly, Ltd. for Eden Prairie City Attorney/Prosecutor. i If upon review of the Proposal you should have any r questions or desire any further information we will be pleased to respond to your inquiries. SIincere ,2 Rog‘ P RAP:jmz Encl. tiY "/3(, • SUPPLEMENT TO PROPOSAL FOR EDEN PRAIRIE CITY ATTORNEY I. General: II. Proposer: The following is submitted on behalf of LANG AND PAULY, LTD. as information supplemental to the proposal for the position of Eden Prairie City Attorney/Prosecutor. The firm presently consists of five lawyers who are engaged in the general practice of law. Clients include in- dividuals and corporations which range from several publicly held corporations subject to Securities and Exchange Commission or other governmental regulations, to privately owned, clo-:ly • held corporations. If the firm were selected for the position, I would be the member who would be designated City Attorney. Lawrence J. Skoglund, an associate of the firm, yould perform the functions of City prosecutor. Copies of resumes are attached. Other partners and associates in the firm would be available not only as support for Mr._ Skoglund and me, but to render legal services in those areas in which their particular experience would be beneficial to the City. Following is a summary of the background and experi- ence of members of the firm and me which would enable us to render competently those legal services enumerated in the City's written invitation for City Attorney/Prosecutor Proposal of which this supplement is a part. • Mr/ III. Retainer Services I performed legal services for the then Village of Chanhassen for a brief time. I was also exposed to aspects of municipal law through my association with an attorney in Excelsior who represented the Villages of Shorewood and Tonka Bay. I have served for more than 10 years as corporate secre- tary and counsel to MEI Corporation, and as an officer and legal counsel to several other public corporations. In such capacity I have attended many meetings of shareholders, boards of directors and committees, as well as those of numerous subsidiaries. During the course of such representation, I have rendered legal advice to the officers and directors of these clients including, the legality of various proceedings and actions. I have prepared a large number of resolutions and minutes of meetings. During the course of my practice and work for the Minnesota Supreme Court, I have had occasion to research, interpret and render opinions on innumerable statutes, ordinances, rules and regulations. I have had sub- stantial experience in the field of administrative law. This includes representation of Twin City Lines, Inc., during a period of its ownership of the metropolitan bus transit opera- tions, before the Minnesota Public Service Commission,in route and fare proceedings; representation of insurers in insurance rate proceedings before the Insurance Division of the Minnesota Department of Commerce; state and federal securities matters and several other types of administrative regulatory proceedings ranging from the Board of Pharmacy to matters before the Public Service Commission and Minnesota Department of Agriculture in- volving claims on surety bonds. I have examined, interpreted, negotiated and drafted contracts, both on behalf of corporate and individual clients. Members of the firm and I have repre- sented clients who have contracted with municipal and other governmental authorities. We also have, and are presently, engaged in litigation involving contracts, including bonded construction contracts, i.e., contracts with municipal and other governmental entities. /43X IV. Other Civil Legal Services I have represented landowners in public improvement proceedings, including two full court trials, one recent,relating to a Chanhassen local improvement. In this proceeding I reviewed in detail the statutory local improvement and assessment procedures and provisions. While as an attorney i am not an expert as to real estate values, my longtime residence in the community and awareness of these values in general would be of benefit in the preparation of preliminary cost reports. Members of the firm and I, have had extensive experience in construction contracts as well as litiga- tion involving such contracts gained from representation of private contractors and sureties. In the area of land and easement acquisition i have been involved, as has the firm, in a number of eminent domain cases on behalf of private landowners. Representation has ranged from pro- ceedings seeking to prevent the use of condemnation to the deter- mination of damages before commissioners in condemnation and by jury trial. Representation of landowners in these proceedings re- quires a comprehensive knowledge of the procedures utilized by condemning authorities. Inasmuch as the burden of proof of damages is on the landowner, I have necessarily gone through all of the steps in preparing cases for hearing before commissioners and juries. As in the case of public improvements my general familiarity with local land values should be useful in the preparation of preliminary cost estimates. However, refined opinions of value are the responsi- bility of professional real estate appraisers and I would expect a need to utilize such opinions in appropriate instances. While most attorneys, including myself and members of our firm, have experience in developing legal descriptions for contracts, deeds, mortgages, etc. , those involving complex metes and bounds descriptions frequently fall into the realm of surveyor or engineering expertise. In those instances, the aid of such persons would be sought. Examination of abstract property titles is in our area of practice a rather special- ized function. Accordingly, our firm ordinarily consults with a title attorney on such matters. In connection with an assignment performed for the Attorney General several years ago involving the review of land titles for a contemplated acquisition, I found this procedure to be efficient and satisfactory. My knowledge of the City and its people would be helpful in fulfilling the City Attorney's duties with regard to landowner contact, such as explanation of projects and negotiations for the purchase or temporary use of proper- ty. In the matter of claims by and against the City, members of the firm and I have engaged in numerous investigations, reviews and litigation, on behalf of both plaintiffs and defendants and their insurers in torts, i.e. , personal injury, contract and other matters. In the area of intergovernmental relations and disputes our experience in contract and tort matters, including litigation would be useful. Our knowledge of persons and familiarity with their backgrounds, at various levels of government would also be an aid to representation in intergovernmental affairs. I represented clients in Minnesota Legislative proceedings for approximately eight years. My experience of serving as chairman of the first Eden Prairie Board of Zoning Appeals for four years gives me firsthand knowledge of the City's zoning format. tg39 V. Prosecution I have had experience of approximately two and one half years in prosecution and defense of accused persons in military justice proceedings and trials. Members of the firm and I have occasionally represented individuals charged with traffic and other minor offenses. Lawrence J. Skoglund, who would perform the bulk of the prosecution services was an Assistant Ramsey County Attorney for 2 1/2 years. His principal duties consisted of felony prosecutions. During the period, he handled'a ease load of approximately 75 cases per year. He prosecuted 20 felony jury trials and as many court trials for offenses ranging from felonious thefts to criminal sexual conduct in the first degree. During his tenure he devoted substantial time to a wide variety of community groups interested in law enforcement problems ranging from rape counseling of victims to chemically dependent juvenile delinquents. He also pro- vided advice, consultation, and training to various govern- mental agencies, Police Departments, civic groups and victims of crime. He prepared criminal complaints by himself and with other attorneys. As prosecuting attorney he performed all of the phases of criminal prosecution including additional investi- gation, plea bargaining, and acceptance of guilty pleas. He made determinations to proceed to trial and represented the state in pre-trial and post-trial motions. 1 iuy0 • VI. Other Information and Fees Although our firm does not presently represent govern- mental subdivisions, i performed legal services in the past for the Village of Chanhassen for a brief time and was formerly as- sociated with an attorney who represented several municipalities. I am not aware of the representation of any client by this firm which would present a conflict of interest. The proposed fees of $450.00 per month for the retainer services and the hourly fees of $55.00 per hour for myself and other partners and $45.00 per hour for associates are being pro- posed with some lack of knowledge of the number of hours required in the performance of the retainer services. Accordingly, the fees are being proposed on the assumption that the scope of the retainer services, as well as the rates and fees to be charged, would be reviewed from time to time in the future and would be evaluated prospectively on the basis of performance, number of hours devoted to retainer services and other matters. In the event a standard hourly rate applicable to both partners and as- sociates is preferred, we would be willing to negotiate such an arrangement. 101 VII. Summary I believe the firm and I are particularly qualified to serve Eden Prairie for the following reasons: -I am a lifelong resident of Eden Prairie. -I know the people and the community. -I am familiar with the history and development of Eden Prairie. -Broad experience in areas of the law required in representation of the City. -Knowledge of the legislative process. I -Additional lawyers in the firm to assist those primarily responsible for service and to provide services in their areas of special competence. Y -Firm associates have excellent academic and practical legal backgrounds. rt t/ u�r. Roger-A. Paul For Lang and Pauly, Ltd. 4108 IDS Center Minneapolis, Minnesota 55402 P1W- 1 1 • • RESUME OF ROGER A. PAULY Personal Data: Born 1931; married; four children; lifelong resident of Eden Prairie; address-17450 W. 78th Street, Eden Prairie, Minnesota. Education: Graduated Eden Prairie High School 1949; attended College of St. Thomas, St. Paul, Minnesota from 1949 to 1951; University of Minnesota Law School 1951 to 1955; member of Minnesota Law Review (1954-1955); degrees awarded,BSL 1953, LLB 1955. Bar Admission: Admitted to practice in Minnesota 1955; member of Hennepin County, Minnesota and American Bar Associations. Legal Experience: Served as law clerk to Justice LeRoy Matson, Minnesota Supreme Court, 1955-1956; 1st Lieutenant in the United States Army, Judge Advocate General's Corps 1956 to 1959; Excelsior, Minnesota law practice 1959 is 1961; Lang and Pauly, Ltd. and its predecessors since the spring of 1961 to the present time. References supplied upon request. • /03 Resume for • • LAWRENCE J. SKOGLUNI? PERSONAL DATA Address: 307 West 15th So., #30 Telephone: (612) 874-7494 Birthdate: October 16, 1949 Place of Birth: Sioux City, Iowa Family Status: Single BAR ADMISSION Minnesota: Admitted September 16, 1974 EDUCATION Law School: Duke Law School, 1971-1974 Degree: Juris Doctor Undergraduate: University of South Dakota', 1967-1971 Degree: Bachelor of Arts Harvard College, Summer of 1969 Honors: Phi Beta Kappa; Omicron Delta Kappa; Founders' Fund Scholarship Cum Laude LEGAL EMPLOYMENT Current: Associate, Land & Pauly, Ltd. 4108 IDS Center Minneapolis, Minnesota 55402 General Practice 1975-1978: Assistant Ramsey County Attorney, Felony Prosecutor. Duties included preparation and trial of criminal proceedings. 1974-1975: Trust Examiner, 9th Federal Bank Region Minneapolis, Minnesota Summer, 1973: Intern, State's Attorney Office. Sarasota, Florida REFERENCES William B. Randall Ramsey County ATtorney 1010 Commerce Bldg. St. Paul, Minnesota 55101 Hon. David Marsden Ramsey County Courthouse St. Paul, Minnesota 55101 • rgUy May 25, 1978 TO: Roger Ulstad fROIi: Jack Hacking SUBJECT: C.S.O. Promotional Procedures Along with the authorization to hire an additional P.S.O., you have suggested that we advertise for applicants as opposed to promoting a C.S.O. from within, as was our interest. It is my understanding that this suggestior reflects your concern about every City department's responsibility to comply with equal opportunity employment require- ments. I, too, am very concerned about compliance with these require- ments and equally concerned about maintaining a superior law enforce- ment unit by hiring exceptional individuals as our P.S.O.'s. I have used two methods in the past; the first of these being the use of lateral entry to hire experienced, state-certified officers with a well established work record. The second practice has been that•of a long-term work performance evaluation of volunteer C.S.O./Interns working for our department. The latter has proven to be very suc- cessful in the selection of entry level officers because we are afforded a long look at their performance before a final decision to hire is made. In order to open this C.S.O./Intern program to a wide variety of young people, we have engaged in a very active recruitment program. This has involved visits to several educational institutions where we de- scribed our program in detail and encouraged those present to apply. The following is a list of the facilities we have visited: Normandale Community College Mankato State University North Hennepin Community College Hibbing Area Vocational/Technical Institute Alexandria Area Vocational/Technical Institute Golden Valley Lutheran College In addition to these more formal presentations, we frequently contact local schools by phone to notify the law enforcement instructional staff of openings we have for students. As a result of our efforts an excess of 50 individuals have participated in our program and of those 5 have been promoted to the position of P.S.O. It is my feeling that both our C.S.O. recruitment efforts and willing- ness to accept applications from every interested law enforcement students are obvious attempts to avoid discriminatory practices. • I�U� • May 31, 1978 TO: Roger Ulstad FROM: Jack Hackin"►1 SUBJECT: Public Safety Hiring Practices Last week, at your request, I wrote you a memo outlining our hiring practices and particularly those involving the CSO program. As I indicated then, of the three hiring options open to us, the CSO program provides the distinct advantage of a long term evaluation of a prospective officer before a final decision is made. While no program is flawless, this one, thus far at least, has provided us with the high caliber officer that our community has come to expect. (To say nothing of what the rest of the law enforcement agencies in the State have come to expect from Eden Prairie.) In my original memo, I did overlook another entire facet of our hiring procedure as it relates to the State's Attorney General's requirements. This also is a very exten- sive process which we adhere to in total. I have attached a copy of these regulations for your review and would like to make special comment on items 7 and 9. ITEM 7 We administer a battery of tests which are sent to Dr. Robert Flint (widely acclaimed police psychologist) for Ms evaluation which is aimed at an individual's suitability for police work. ITEM 9 For this requirement we use a graded questionaire, (questions compiled by Dr. Flint and designed to meet affirmative action regulations) responded to verbally by a candidate and a board consisting of police supervisors and a counseling psychologist, �. Dick Werpy. I am confident that our hiring process, start to finish, is among the most comprehensive in the State. I am equally confident that it will continue to provide us with officers who will achieve at a rate consistent with those already serving our city. These achievements, I am proud to say, have set us apart as the department to emulate. iN U& MINNESOTA PEACE OFFICER TRAINING BOARD • ATTY. GEN. 207 New Peace Officers (a) All appointing agencies when requested shall furnish • the name, address, date of appointment, and other pertinent information concerning a newly appointed peace officer to the Executive Director. (b) No appointing agency shall appoint any new peace officer who does not comply with the minimum selection standards hereinafter enumerated; provided, that these standards shall not be construed to restrict an appointing agency from promulgating more rigid standards in the areas enumerated. (1) The applicant must be a citizen of the United States. (2) The applicant must possess or be eligible for a valid State of Minnesota driver's license. (3) The applicant must successfully pass a written examination demonstrating the possession of all mental skills necessary for the accomplishment of the duties and functions of a peace officer. (4) The applicant shall be required to complete and submit to the appointing agency a preliminary application form before testing and a comprehensive application form after testing and just prior to hiring. The prospective employee shall be fingerprinted, and a thorough background • search shall to made through the resources of local, state, and Federal agencies in order to disclose the existence of any criminal recor.: or the existence of unacceptable stand- ards of conduct which would adversely affect the performance by the individual of his duties as a peace officer. (5) The applicant shall not have been convicted of a felony in this state or in any other state or in any Federal jurisdiction, or of any offense in any other state or Federal jurisdiction, which would have been a felony if committed in this state. (6) A licensed physician.or surgeon shall make a thor- ough medical examination of the applicant to determine that he or she is free from any physical condition which might adversely affect the performance by the individual of his duties as a peace officer IUt/') • (7) An evaluation shall be made by a licensed psycho- logist'to determine that the applicant is free from any emotional or mental condition which might adversely affect the performance by the individual of his or her duties as a peace officer. • •" (g) The applicant must successfully pass a job-related • examination of his or her physical strength and agility demonstrating the possession of physical skills necessary'to the accomplishment of the duties and functions of a peace officer. • (9r The applicant must successfully complete an oral examination conducted by or for the appointing agency to demonstrate the possession of communication skills necessary to the accomplishment of the duties and functions of a peace officer. 1 1. • • • unapproved Manning Commission Minutes -3- May 22, 1978 D. Crosstown Baptist Church, Review of site plan. Church site is located at 6500 Baker Road. Pastor Cornelius, Crosstown Baptist Church, stated since their rezoning approval of 1976 they have determined the type and size of building they will need. Mr. Novak, Charles Novak Architects, reviewed the site location and the building and parking plans, access to Baker Road, future storage site of church buses, etc. Steve Wiste , Arteka, reviewed the screening plan of berms and plantings, and the 882 elevation of the road , 888 elevation of the berm with plantings, and the 878 elevation of the lower parking lot. Unapproved Manning Commission Minutes -4- May 22, 1978 Lynch inquired if the revised plan would conform to the anticipated realignment of Baker Road as was discussed during the rezoning process. The Planner replied the church is providing sufficient right-of-way but the alignment is not in the County's Five Year Improvement Plan. Redpath asked where the church would keep their buses until a suitable on-site facility is built. Pastor Cornelius responded the buses would be kept off site until the proper wall and plantings are in place. Lynch inquired if the existing residence would be retained. Pastor Cornelius responded the home would be occupied by the caretaker. Sundstrom inquired why recreational uses as depicted in the original approval are not included. The Planner replied the building is considerably larger than the one approved in 1976 and therefore the open space remaining has been reduced. Lynch asked if the revised site plan requires any.variances. The Planner replied negative. Motion Redpath moved, Lynch seconded, to recommend approval of Phase 1 construction of Crosstown Baptist Church contingent upon the staff report of 5-18-78 and the plans dated 5-11-78. Motion carried unanimously. • �uu9 • croaaimi"i own BAPTIST CHURCH • May 11, 1978 City Planning Commission & The City Council Of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55344 Dear Sirs: As requested by the City Planning Staff, we are including a letter of in- troduction to accompany the site plan being submitted. In the summer of 1976 when the Crosstown 8aptist Church originally submitted its request for the rezoning of the 9.35 acres at 6500 Baker Road, there were no exact building plans presented, only a rough estimate of the build- ing which would have then met our needs. Since that time we have had a substantial increase in membership and ample time to assess both size and style of building that will best facilitate our program. The site plan now being submitted includes the specifications for the build- ing which we hope to erect on the property. In accord with the zoning agreement that each phase of the final site plan be reviewed by the Planning Commission, we present these plans for recom- mendation to the City Council. Sincerely, ci!eoi.oz•eetire Stephen Cornelius, Pastor SC:l p {. 11210 WEST 11211d STREET ($.4a4&COUNTY ROAD IS1 BLOOMINGTON.MINNESOTA 55438 PASTOR—STEVE CORNELIUS 1512)941-3555 • • STAFF REPORT TO: Planning Commission FROM: Chris Enger, Planning Director DATE: May 18, 1978 REQUEST: Approval of Revised Site Plan of Crosstown Baptist Church PROPONENT: Crosstown Baptist Church LOCATION: 6500 Baker Road, South of St. John Woods BACKGROUND: Included as a part of this staff report is the Rezoning Agreement, original staff report, and original submission material pertaining to Crosstown Baptist Church's 1977 Rezoning Application. As you s:: in the Rezoning Agreement, item 2, the proponent was required to submit each phase of the final site plan for review to the Planning Commission and City Council. REVISED SITE PLAN The most important change in the church's design is the scope of the project. It is apparent that a significant amount of the property in the original submission was intended to be open space. Size of the original phases are as follows: Phase I 2300 square feet 120 seating capacity 47 parking spaces Phase II 1500 square feet with 1 parking space for every 3 seats Phase III auditorium / meeting area 240 seats, approx. 3700 square feet. 7500 square feet 1i15J s Staff Report-Revised Crosstown Baptist Church May 18, 1978 page 2 The current proposal for phase I is for 10,000 square feet providing an initial auditorium that will seat 325 , for a total parking required of 109 spaces. From the current submission it is apparent that Phase I now is in excess of the total site coverage originally approved in the rezoning of the site. Subsequent phases would require additional parking and would affectively eliminate the amount of open space originally anticipated. However, the phasing as outlined, will meet City ordinances under the PUBLIC District. • RECOMMENDATION The Pianr,:,J Staff would recommend approval of Phase I construction of the Crosstown Baptist Church with the following conditions: 1. That the screening requirements of Ord. 135 and 178 be met prior to issuance of a building permit. 2. That any buses stored on-site must be completely screened from view off the site. 3. That the access to Baker Road be approved by Hennepin County. 4. That additional parking needed for subsequent phases be broken-up from the original parking through the use of landscaping materials. 5. That approval from the Nine Mile Creek Watershed District be obtained prior to commencing grading. 6. That all provisions of 0rdinances135, 178, 141 be adhered to. 7. That if in the future a pathway easement along the west side of Baker Road is desired by the City of Eden Prairie that it be provided by the church at no charge to the City. 8. That subsequent phases of the development be reviewed by the Planning Commission and City Council as required if the Rezoning Agreement of Nov.10, 1976. CE:jj fuSr�. '---J • REZONING AGREEMENT . . • THIS AGREEMENT, made and entered into in triplicate this 16th day of March , 1977, by and between the CROSSTOWN BAPTIST CHURCH, a religious corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation hereinafter referred to as "City", • • •WITNESSETH: • WHEREAS, Owner has requested the City to change zoning from Rural to Public for development of land more fully• described in Exhibit A attached hereto and made a part hereof; and WHEREAS, It is believed that a rezoning of said area to Public would be in the public's interest, welfare and conven- ience of the people of the City of Eden Prairie'; and • WHEREAS, Owner agrees to develop the aforementioned property in consideration of' the City's changing of the zoning; and Owner further agrees that as a part of said consideration, it will lay out, develop and maintain said project as herein- after set forth. . VOW, THEREFORE, THIS AGREEMENT WITNESSETH That for and in consideration of the Mayor and the City Council of the City adopting an Ordinance changing the zoning from Rural to Public, the Owner agrees to construct on said property in accordance • with the planning, architectural, engineering and landscaping requirements of all City Ordinances subject to the following terms and conditions: r 1. That the 9.35 acre Crosstown Baptist Church site _ ' be recommended for rezoning from Rural District ' to Public District for development of a church complex, including: (a) Parking Lot (conforming to City ordinances) (b) Church buildings (including residences, if required) (c) Open space/recreation development . • (d) Private School 2. That the site plan meet the requirements for PUB • Districts as set forth in Ordinance Nos. 141, • 135, 178. That each phase of the final site • plan shall be reviewed by the Zoning and Planning • Commission, for the purpose of making a recommenda- tion to the City Council_ - • 3. That the site plan presented does not completely . - meet the front yard set back required for the • • parking lot of 50 feet from the street right of . way. •The parking lot should be moved to meet the ' 50 foot set back from existing Baker Road. : . 4. To provide a walkway easement 20 feet i.n width along the .rest side of the property described - • herein. 5. .Bus storage is not: .to be allowed on site without - adeauate screening, which screening is to be approved by the City Staff. • 6. On the properties converted to other than single family use, the access property shall-be relocated • in a manner to be approved by the City Engineer. . 7. That all sanitary sewer, watermai.n and storm sewer facilities, concrete curb and gutter and bituminous surfacing whether- to be public or private, shall be designed to City Standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The developer, through - his engineer, shall provide fcr cmp�tent daily - . inspection of all street and utility constriction, • both public and private. As-built drawings with service and valve ties on reproducible mylar and - • • certificates of completion and compliance with ' specifications shell also be delivered to the City Engineer. The developer also agrees to pay all fees/ 1451 8. That the church work with the city park and recreation de- . partment to allow joint recreation use of city and church • facilities. It is understood and agreed that any recreation use of the property subject hereto by the city park and rec- reation department is secondary in all respects and subject to the use thereof by the owner for the purposes set forth in paragraph 1 above. FURTHER CITY AND PROPERTY OWNERS AGREE: 1. That the property owners shall.comply with all applicable rules, regulations, ordinances and laws of the City of Eden Prairie. 2. That the provisions of this Agreement shall be binding upon and enforceable against Owner, its successors and assigns, and upon • all subsequent owners, their respective heirs, successors and assigns of the property herein described. • 3. That an executed copy of this Agreement shall be recorded with the Register of Deeds, Hennepin County, Minnesota. 4. That if Owner fails to proceed in accordance with this Agreement within thirty-six (36) months from the date hereof, Owner, for itself, its successors and assigns, agrees that it will not oppos the rezoning of said property back to its Rural zoning. IN WITNESS WHEREOF, the parties to this Agreement have caused 1 these presents to be executed the day and year aforesaid. CITY_OF EDEN PRAIRIE, a municipal corporation of the Sta o Miinnnes to • By lg , `, • Itrs Mayor r i1, Its Manager -3- lUS . . : . . - •-- --- - - . : . • - . . - . • • • . - . • CP.OSSTOfl BAPTIST C(iURCH. • a religious corporation . ' 9Y_____:4d---1' eAa•—l'---• . . • • r v i s'.,...7 , . • . • 044.72...., e &'-/A.e.,44.". • .;• ,-- • . . . . . • , • • . .. . . . • STATE OF MINNESOTA ) ) ss. • • • • . . • . , . COUNTY OF HENNEPIN ) • . : • ' • , . . . . • . • '. • -. , . • • The .foregoing instrument was acknowledged before me this A:: day of IN(4,0,..sei , 1977, by Wolfgang Penzel, the Mayor, and by Roger Ulstad, the City Manager of the City - of Eden Prairie, a municipal Minnesota corporation, on behalf • : of the corporation. : • '•' . : • • • • . . iQi.f.iii&A,I. .. • ' • • STATE OF MINNESOTA) . • ' • . • .. .) ss. COUNTY OF nENNEPIN) . . • ' -•• . • • • • The foregoing instrument was acknowl ed b f r me this U. day of )A,...4.cl, , 1977, by ____axair47.5, and by re_Cf.,. • ,,,, , the . • . ALtt..- of Crosstown Baptist Church, a religious • - corporation, on behalf of the corpora i ni. . • : . . _ 0 _ - . . • . Not --fkirtilti 3. • • . . ; " rcrrx P..:7'-'1 • :: • Ham.i'..b'7: 11 . PI 74 • •• . • • . I...;3:.•.. •• ?id'2',4••• •• • . . • , • . . a. • . " . . • • . • . • • • • i . . • • . t . . Illgo . • • • -ouncll Minutes rsit, - 3 " Tues.,Septcmber 7, 1976 • • B. Request from Crosstown Baptist Church to rezone approximately 9 acres from Rural to Public. The site is located at 6500 Baker Road and south of St. John Woods. Pastor Cornelius, Crosstown Baptist Church, and Mark Putman, Robert Engstrom & Associates, spoke to the proposal and outlined the site. Meyers questioned when the first phase of construction would begin. Pastor Cornelius stated that they hoped to begin within a year or a maximum of two years, depending on the growth of the congregation. • Russ Marsh, 6509 Baker Road, suggested that if there is any other than residential use of this property, that the 2nd access should be shut off. MOTION: Bye moved, seconded by Meyers, to close the Public Hearing and give a 1st reading to Ordinance No. 323, rezoning approximately 9 acres of property at 6500 Baker Road from Rural .to Public, direct • the City Attorney to draft a rezoning agreement, and further direct staff to address concern of Mr. Marsh pertaining to the 2nd access. Motion carried unanimously. ( approved Planning Commission Minutes -3- July 26, 1976 V. PETITIONS AND REQUESTS A. Crosstown Baptist.Church, request for rezoning for approixmately9 acres from . •Rural to Public. The site is•located@6500 Baker Road, east of Baker Road t and South of St. John Woods. The planner referred the commission to the staff report and the brochure submitted by the church. • Pastor Cornelius outlined the history of the church as an independent bible church, incorporated in 1971, with a growing congregation. The church decided to move to the western suburbs and the congregation voted unanimously to purchase this site without contingency on rezoning. They desire to meet the moral, spiritual, social, and recreational needs of the community. 'Their decision to purchase the property was based ontheGuide Plan, its close proximity to the school, and its location within a growing residential community. Hark Putman, Robert Engstrom $ Asso., outlined the plans for the site, the proposed County realignment of Baker Road, parking lots, and recreational uses. lie stated the parking is 20 ' from the existing road, but could be 20' from the future road right-of-way as desired by the city staff. Schee questioned how many spaces would be available during the first phase. Mark Putman responded 47, and outlined the location as per the brochure. Sorensen inquired if the city had accepted the Baker'Road realignment as shown on the plans. The planner stated no formal acceptance has been given. Sorensen questioned how much of the 9 acres needed to be rezoned as the City would lose the revenue from whatever is zoned to Public. The planner believed the Crosstown Church request was reasonable, and felt they would work with the city for mutual benefits of the recreational uses and the building. • Schee stated she felt the church use was appropriate at this site as it would give .relief from the intense development of St. John Woods. She added she would like to see the city and church work together for joint use of the facilities. Barb O'Grady, 6316 St. Johns Drive, stated she would like to see some sir.gle family • around St. Johns instead of industrial or commercial. Linda Knutson, 6374 St. Johns Drive, inquired if the City had any control over what would be constructed on the commercial property across Raker Road. The planner stated the present zoning is commercial ( having lapsed from Planned Study ), and perhaps the site will be considered for rezoning during the Guide Plan updating. Barb O'Grady asked if the church would have buses and if they would be stored within a garage. Cornelius said the church presently has 2 buses, ( being kept in individual yards ), and may acquire more in the future. Mr. Mark Putman felt the Site was unsuitable for the storage of buses. Motion: Lynch moved, Posnocht seconded, to recommend to the Council approval of the Crosstowi Baptist Church request for rezoning from Rural to Public as per the staff report of 7-16-76, items 1-5, and 11 6 to read: /yS 6. Bus storage is not to be allowed onsite without adequate screening to be approved by the City staff. • Vote: The motion carried 4:0:1 with Sorensen abstaining because he was not personall' . nhle to decide what . if any steps, should be taken in consideration of this partial]. • • • • •N,in Page Seven toa - Parks. Rec. and c,pprovod age Se, n976 Natural Resources Co:.:liasion b. °f ." R�.nt19t. cyllT C�1 Jensen spoke to Staff Report of July 16 pertaining to construction of a church, parking lot and recreational facilities on a total of 8.57 acres. ` EingrcS asked that their intention was in building suitable recrea tional facilities. Jensen responded seatopfprecr s low and sui ble for bat type of use. t, Jessen &aid the property vas located be peen St. Johar s Wood and north of Forest Hills � �enty. lea. Nallyt a p_op Lys ant of ball • fieids . E'_ngrey erp.essed interest in possibility of develop ball fork „wed .now tore about the L oi.=a ► suggesting that closelylo , p5tht no. 4 with them on this objective. Jessca referred to the a_ thisintentionchurch of the Staff re-ornen�_tion, F ich states and city park F: recreation dept ant to allow joint recreation use of city and church facilities. ed ether there gas a t�.=-et^_ble for corpletion. Jessen resp)eded that set for two years for this Lind of pro- ject. was POTION: lyd::-ran *,Dyed to taco—.end aprro a3. of the Staff Rs-port of �-"t• Gave_s July 16, 1976, subject to the rceo^ l ions ofthe re seconded. notion serried, with Pierce abstaining. _ _ • 1U5 STAFF REPORT APPLICANT: Crosstown Baptist Church REQUEST: Rezoning from Rural to Public District LOCATION: 9.35 acres west of Baker Road south of St. Johns Wood FROM: Dick Putnam, Planning Director DATE: July 16, 1976 COMPREHENSIVE PLAN COMPATIBILITY The plan illustrates an activities center located around Baker Road and County Road 62 intersection. The intent was to provide the neighborhood and community services for the north central area of Eden Prairie including: shopping, multi-family housing, water tower/parks, local churches, and other neighborhood service institutions. A realignment of Baker Road was anticipated in the 1968 Plan allowing Baker Road to function as a major city collector street. Today Baker Road is classified as a minor arterial County Road. ' //./ `_� !s-1,tl1 .. .. . ."'.:.. Mc% 1 1\ I c yip • . 1 )1.53/i,,,I,N,\\..\., ,.,cc.,-,... t 4 1 \ Open space protections of the 9 Mile Creek floodplan was anticipated in the policies of Comprehensive Plan. Also an elementary school location was to be located in the area to serve north central Eden Prairie. e CROSSTOWN BAPTIST CHURCH PLAN COMPATIBILITY The church use as proposed in the July 9, 1976 application accomodates the constraints proposed and existing: a. a 100 foot right of way for Raker Roads up grading is taken into consideration. Purchase of the right of way will be necessary by fennepin County due to removal of gID/exiisting buildings. V • • • Page 2 • b. open space development of low lands is consistent with watershed, city and state policies. C. the objectives of the church support the communities needs for active open space recreation areas. d. the plan illustrates a respect for the site and locates appropriate uses to take advantage of the natural features. e. A phased development program is proposed that can be useful by the church & city in evaluating future building designs. • f. the church plans will accomodate the needs for city utilities and respect area drainage requirements. STAFF RECOMENDATION 1. That the 8.57 acre Crosstown Baptist Church site be recommended for rezoning from Rural District to Public District for development of a church complex including: - parking lot (conforming to city ordinances) - church buildings (including residences if required) { - open space/recreation development 33 4 2. That the site plan meet the requirements for PUB Districts as set forth in Ordinances 141, 135, 178. 3. That the site plan presented does not completely meet the front yard set back required for the parking lot of 50 feet from the street right of way. The parking lot should be moved to meet the 50 foot set back :rom existing Baker Road. 4. that the church work with the city park & recreation department to allow joint recreation use of city & church facilities. 5. To provide if needed a walkway easement connecting Forest Hill School north to St. John's grounds. The walkway most likely would be along the west Property line. Q ZZ , �o t fi r . • JO • . en U- 0 Z O - 7 W♦- ZF . 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Ulstad, City Manager FROM: Bob Lambert, Director of Community Services SUBJECT: Joint Master Plan Anderson Lakes DATE: May 24, 1978 In early February of 1978, the City received a copy of the Joint Master Plan for the Bush/Anderson Lakes Regional Park from the City of Bloomington. The map and text of the plan were originally prepared by the staff of the Hennepin County Park Reserve District. Bloomington then reviewed the plan and recommended several modifications. The recommended changes by Bloomington are indicated by brackets for deletions and underlines for additions. The Parks, Recreation and Natural Resources Commission has been reviewing the proposed Joint Master Plan for several months. At the May 15, 1978 Commission meeting Dick Anderson moved to recommend the staff report of April 28, 1978 and to include the following points: The main center retain it's name of Blacklock Nature Center and be considered equal with the existing center; north and south hookup trails should be provided; Co. Road 18 should be a limited access arterial road area four lane freeway system; and an advisory board be formed made up of Eden Prairie, Bloomington and Hennepin County Park Reserve for the purposes of providing input to the development and management of the park. Motion carried 6-1 with Kruell voting nay. The memorandum dated April 28, 1978 includes recommendedfchanges to the proposed Master Plan. The staff is now looking for direction from the Council as to their recommended changes and the entire concept of the Joint Master Plan. After the Council has given it's direction the staff will then meet with staff from the City of Bloomington and the Hennepin County Park Reserve to finalize the Joint Master Plan document and map. When all staff has reached agreement the final document will again be taken to the Commission's and to the Council for final approval. BL:md } NMI • Minutes — Parks, Rec. and Unapproved Natural Resources Commission — 6— Monday, May 15, 1978 3. Eden Prairie Stables (cont'd) Kruell expressed concern with the insurance policy, in addition to his other concerns. VOTE: Motion was withdrawn. MOTION: Dave Anderson moved to advise the Council that we are in favor of the operation and recommend acceptance of the Staff recomnendation,except for items nos. 6 and 12 and the 2nd sentence of para. 3, dealing with the length of lease and rental fee per month, and that these items be worked out between Staff, Council, City Attorney and the operators of the stable; that we recommend an expenditure not to exceed $45,000 to construct the addition; restrictions against pollution along Bryant Lake, Purgatory Creek and Nine Mile Creek; moving back of fence lines as recommended by the Staff,that the land may be acceptable for public purposes; and recommendation for five year option. Fifield seconded. Motion carried, with a vote of 1-6, Kruell casting the dissenting vote. MOTION: Tangen moved to recommend to the Council that consideration be given to the construction and completion of this building, noting past discussion, and to consider financial feasibility as covered in lease. Garens seconded, motion carried, with Kruell voting "nay". MOTION: Tangen moved to recommend that the insurance also be studied ...6 incorporated into the agreement. Garens seconded, motion carried,with Kruell voting "nay". Chairman Anderson called for a ten minute break at 9:50 PM. 2. Anderson Lakes Joint Master Plan Lambert spoke to his memo of April 28, 1978 and recommendations by the Staff for changes to the proposed Master Plan. He spoke to present suggestion by the joint plan that Anderson Lakes be a sub station, rather than a major nature center. He felt that the area contained enough wildlife and natural features, and was different enough from the Hyland Park Reserve, to require its own nature center, but could be operated jointly. • Garens recommend that the Hennepin County Park Reserve Staff personally look at the area, in order to have an understanding of the park. Lmubort spoke to Hennepin County Staff and to Bloomington and their comments on the plan. Ho felt the Hennepin County Park Reserve could operate the system better than the City of Edon Prairie, because they have the funds. Kruoll objected to turning Anderson Lakes Park over to the Hennepin County Park Reserve system, because it would result in the loss of control by Edon Prairie, and suggested the use of their Staff, while retaining the park, oven though it might moan prolonging development of the park. ►UG1 Minutes - Parks, Rec. and Unapproved Natural Resources Commission — 5 - Monday, May 15, 1978 3. Aden Irairie Stableg (cont'd) Garens expressed reservation on the amount of rental received by the City as proposed, and felt it was not adequate. Dave Anderson asked what the cost of constructing the addition would be. Lorenz responded that $ 7,000 would construct the shell, and that v18,000 was needed for the inside. Lambert added that the major work would be the grading, which would be done at the time the trails were put in. MOTION: Kruell moved to recommend to the Council that a one year lease agreement be drawn up in June, 1978, after %.hich time all stable operations will cease. Dick Anderson seconded for the purpose of discussion. DISCUSSION: Kruell explained that the one year would give the operators time to phase out of the operation, and that the reason for recomending ceasing of the project was because of the minimu.i rate of profit on the invested dollar of public monies, and providing an incompatible use of public land. Garen suggested that the Staff come up with a fair return to the City. Lambert responded that a few years ago when the City first advertised for operators, the best offer was WO, and that there ere not too many pe-Tle who wart to come in at that price. Dick Anderson expressed dissatisfaction with the financial arrangement, referring to the improvement needed in the run off situation and the deterioration of the property in ten years. Ho favored a restriction on pollution, with loss of the lease for violation of the restriction. Commissioners favored more study by the Staff on how to make the project more financially feasible, and the addition of an escalator clause to handle the rate of inflation. The shortening of the lease to five years was also a point of agreement. VOTE:M•:otion was defeated with a vote of 1-6; Kruell "aye", others "nay". MOTION: P_ve Anderson roved to accept the staff recommendation for the renewal of the ]ease on the Eden Prairie Stables on all points except no. 12, inserting that the City proceed to construct the facility, if it can be done for less than $45,000, and to finance with the use of industrial bonds; and that lease be limited to five years at $700 por month, with some type of escalator clause for the remaining five years. Fificld seconded. DISCUSSION' Tangon was concerned with the escalator clause, suggesting a three ycar Lease, at which time the lease be renegotiated, considering the factors of inflation etc.. Lorenz felt that increases in the lease would hurt the people using the stables. He assured the iornmission that they would help stabilize operations. Ho pointed out that they are providing services to Eden Prairie and to the I:ctro area. Ho felt inflation would increase by the City increasing their prices. 1U14 • Minutes - Parks, Roc. and Unapproved Natural Resources Commission 7 - Monday, May 15, 1978 2. /►nderson Lakes Joint Master Plan (coat') • Lambert explained that the City would develop the park with the same funds, from Metro Council, as the County would, but the problem arises in Staffing the park. Dick Anderson expressed approval for the Hennepin County Park Reserve system, and felt it would not make sense to have three different park systems involved in one area. Johnson commented that he has worked with some of the Staff people at the County, and agreed that it was a good park system. Dave Anderson asked how much longer it would take if we were to develop the park in opposition to this plan. Lambert said that final acquisition was scheduled for 1981, according to the plan, and pointed out that the City Staff would have to"piecemeal° the planning. Fifield asked whether the County would follow the guide lines developed by Les Blacklock. Dick Anderson spoke to the Carver and Eastman Nature Centers and how the plans were followed. He requested that an advisory board be formed to provide input, and to meet with the County and Bloomington Staff. Dick Anderson turned over the chair to Vice-Chairman Garens. NOTION: Dick Anderson moved to recommend the Staff report to the Cou-^il including the following points: the main center retain its name of Blacklock Nature Center and be considered equal with the Richardson Center; north and south hook-up trails be provided; Co. Rd. 18 should be a limited access arterial road, rather than a four lane freeway system; and that an advisory board be formed made up of Eden Prairie, Bloomington and Hennepin County Park Reserve for the purpose of providing input to the development and management of the park. Fifield seconded. DISCUSSION: Kruell expressed agreement with the development of the park, but disagreed with turning over the control of the land to the County, because he felt it gave the County control over use of development money. Dick Anderson spoke to the recommendations by the people living in this area and their desire that the Co. Rd. 18 not be a free-way type road, and he felt Eden Prairie has been fairly successful in preventing this. Lambert explained that the City will be able to approve what happens hero, and if we approve the joint plan, nothing can be changed unless all parties agree to the changes. • VOTE: Notion carried, with Kruell voting "nay". Carew: turned the chair back over to Chairman Anderson. 149 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services SUBJECT: Joint Master Plan Anderson Lakes DATE: April 28, 1978 Mr. Dick Anderson and Mr. Bill Carens met with me to review the proposed Master Plan on April 7, 1978. The concerns that were voiced at that committee meeting are listed on a memorandum dated April 14, 1978. The draft of the Joint Master Plan and those concerns were on the April 17 agenda, but due to the heavy schedule were postponed for discussion until April 24. The staff was unable to get a commitment from a quorum of the Commission to meet on April 24; therefore, the Master Plan will be discussed at the May 1 meeting. I am asking that all commission members read over the proposed Joint Master Plan from Bloomington and Hennepin County and write down comments as you go through them so you will have written prepared changes for the May 1 meeting. Staff recommendations for changes to the proposed Master Plan are as follows: Page 4 - Anderson Lakes Park Acquired, developed and operated by the City of Eden Prairie, the overall site is ) approximately 30S acres surrounding the two Anderson Lakes in Eden Prairie. Total - surface area of the two lakes is approximatley 260 acres, thus a gross area of .about 569 acres. Existing use facility is the Historical Cultural Center located in one of the acquired houses. Acquisition is approximately 80% completed. Some parcels are now in condemnation, and the shoreline protection corridor along the north shore is being acquired by dedication. A shoreline protection corridor along the west and northwest shore has been achieved through a scenic easement agreement. The City's master plan calls for Anderson Lakes Park to be developed into a quality nature center which will make it possible for great numbers of people to see the wildlife without disturbing the wildlife or destroying the habitat. The plan shows access to the park by bike trails at the southeast corner of the site and a bike- ped connection to Bloomington at Amsden Road. Vehicular access will be from Anderson Lakes Parkway (Amsden Road). The plan also shows that the interpretive area will be protected from the residents adjacent to the park and from the public and picnic and parking areas by a fence. Page 6 - Interpretation • Interpretive programs will emanate from the central facilities located at the Richardson Nature Center in Hyland Lake Park and the Blacklock Nature Center in Anderson Lakes Park. These programs will he coordinated to prevent duplication of programs and assure uniformity of program quality and content. The trailside interpretive 1410 • Joint Master Plan -2- April 28, 1978 and support facilities will be provided at appropriate intervals in the interpretive system. Resources for guided and self-guided interpretive programs will be found at all of the sites and will be incorporated into the total interpretive program. Page 7 Anderson Lakes Park • Responsibility for acquisition, development and operations will become the responsibility of the Hennepin County Park Reserve District. It is proposed that a development and management agreement between the City of Eden Prairie and the Hennepin County Park Reserve District will be concluded by January 1, 1979. This agreement will detail the functions and responsibilities of the managing agency with respect to Anderson Lakes Park. Page 9 County 18 - Item f. County Road 18 is expected to be upgraded to an undivided, four lane, minor arterial. Planning for the street will be done with the objective of minimal negative impact on the Anderson Lakes and Tierney's Woods sites. Grade separated trail crossings must be incorporated with the planning of the street. At the May 1 meeting the Parks, Recreation and Natural Resources Commission should agree on the recommended changes to the proposed Joint Master Plan. These changes will then be forwarded to the City Council for their consideration. The City Council will then give the staff direction as to how to proceed in negotiations with the Park Reserve and Bloomington on finalizing the proposed Joint Master Plan. f BL:md r • C • lint 1NTE.R—OFFICE CORRESPONDENCE \\X\ ,. w DATE: February 2, 197B \:.\\\ , 1'0: Mayor, Council and City Manager Re: Item 7.2' N. • FROht: Kent T. Michaelson, Community Development Program Manager SeBJCCT: Joint Master Plan--Bush/Anderson Lakes Regional Park Attached is a copy of a proposed Joint Master Plan for Bush/ • Anderson Lakes Regional Park. The elements of the Plan, includ- ing the operation and management of the Park(s) have been discussed at several meetings with the staffs of Hennepin County Park Reserve District, Eden Prairie, Metropolitan Council and Bloomington. The Plan represents a cohesion of individual plans prepared by • Bloomington, Eden Prairie and Hennepin County Park Reserve District (implementing agencies). The individual plans have been reviewed and approved by the Metropolitan Council; however, Policy 13 of the Regional Recreation Open Space Guide states that • there shall be e master plan for each of the regional parks • locate) in ..he metropolitan area. The salient features of the Joint Master Plan include important access linkages between the parks and an outline of the manage- ment responsibilities of the implementing agencies. The map and text of the Plan were originally prepared by the staff of the Hennepin County Park Reserve District. We have reviewed the Plan and we are recommending several modifications. • The reco.a^:ender changes in the text are indicated by [brackets] for deletions and en underline for additions. . • It is our understanding that the Hennepin County Park Reserve • . District has reviewed the Joint Master Plan (sans text) and has granted concept approval. Kent T. Michaelson • Community Development Program Manager 1ml • Attachments • • 11j is • PROPOSED . • JOINT MASTER PLAN FOR .HYLAND LAKE PARK RESERVE .BUSH LAKE PARK .ANDERSON LAKESi 'S WOODS PARK Background The above referenced sites are components of the regional recreational open space system, and [pursuant to] in accordant=ith Policy 13 of the Regional Recreation Open Space Policy Plan, "There shall be one coordinated master plan for each re tql al recreation o en space site which involves more than one impl_em_entin a enc . This lan shall be a roved b each of the impl_ ementin a encies, and shall indentifv th_� _e n3=ure of each -acne 's re__ ons�bilities for Carr in out the tom -tableelo_P"ent and operation of the ap rk." rnposed joint master plan has been prepared in coordination with This �J— the City of Bloomington, City of Eden Prairie, and the Hennepin County Park Reserve District. The plan is based upon a correlation of the approved master plans for the respective sites, joint studies that were prepared in recent years, available orting data from Bloomington, Eden Prairie and the District, and other supp ma noted as Exhibit A, [are] is attached to and studies. The [graphics] -�' f considered part of this plan V413 Page 2 • • Summary of Existing Sites and Plans ' Hyland Lake Park Reserve Acquired, developed and operated by the Hennepin County Park Reserve District, the site is approximately 976 acres, plus lake surface of 90 acres for a total area of approximately 1,066 acres. Existing use facilities include picnic area, nature interpretive center, group camp, bike/hike trails, ski touring trails, downhill ski area, ski jumps, and maintenance shop. Acquisition is essentially completed with the exception of one small parcel at the south boundary and a parcel on the west boundary adjacent to the memorial cemetery. [which is bounded by the existing East Bush Lake Road (Co. 28) and the future realinement of the road (Berry parcel).] Future developments will essentially be refinements and improvements to the existing facilities and natural resources and bike/hike connections to Bush Lake, the Corridor, and Bloomington's bikeway system. Vehicular access points will continue to be from East Bush Lake Road and from Chalet Road. Bush Lake Park Acquired, developed and operated by the City of Bloomington, the site is approximately 180 acres, plus lake surface of 190 acres for a total Page 3 • • area of approximately 370 acres. Existing use facilities include swimming beach, picnic area and boat launch. • A considerable portion of the acquisition is completed. The Bloomington City Council adopted a policy of acquiring propertys located in the Regional Park from willing sellers only. Condemation is not permitted. The unacquired parcels are generally at the north and northwest shores and at the south end of the lake where West Bush Lake Road is to be realigned. The revised southeast boundary is formed by Oregon Avenue and West 98th Street. Realinement % of East Bush Lake Road (Co. 28) will utilize existing Oregon Avenue. The City's master plan proposes picnic areas and boat launch on the • westerly shore, conservation and interpretive areas, along northern lakeshore improvement and expansion [to) of the existing beach facility and trail connections to Hyland Lake Park Reserve and the Corridor Park. Vehicular access to the beach will continue to be from East Bush Lake Road, with future access [to the west) into picnic and boat launches from West Bush Lake Road. Corridor Park and Tierney's Woods Acquired, developed and operated by the City of Bloomington, this • corridor is approximately 317 acres extending from East Bush Lake Road west to and including Tierney's Woods and the north shore of East Anderson Lake. The only existing use facility is the bikeway segment from East Bush Lake Road west to Lea Road. t fl5 Page 4 Acquisition is nearly completed except for certain parcels along the Forest Glen Road, West Bush Lake Road, and the west shore of East Anderson Lake. In accordance with the City's master plan the primary emphasis is conservation and interpretation, with access by trails and the Forest Glen Road (Parkway). The parkway will connect East Bush Lake Road to West Bush Lake Road. Trails will link with Tierney's Woods, Anderson Lakes, Hyland Lake, Bush Lake and Nine Mile Creek. Andcrs:n Lakes Park I Acquired, developed and operated by the City of Eden Prairie, the overall site is approximately 308 acres surrounding the two Anderson Lakes in Eden Prairie. Total surface area of the two lakes is approximately 260 acres, thus a gross area of about 568 acres. Existing use facility is the historical cultural center located li in one of the acquired houses. '. 1 . R Acquisition is approximately 60^' completed. Some parcels are now in condemnation, and the shoreline protection corridor along the west and north shore are being acquired by dedication. .pifr ,PY / The City's master plan temphasizes conservation and interpretation with access by trails, a picnic area at the southeast corner of the . zy ..P.' site, and bike-ped connection to Bloomington at Amsden Road. Primary 1 i. Page 5 • vehicular access will be from [Amsden Road (parkway] Anderson Lakes Parkway (Amsden Road). [A vehicular access directly from existing County Road 18 is also indicated.] Joint Master Plan Development Concept On the basis of correlating the existing plans, analysis of the resource characteristics and functional potentials of the sites; and with the objective of achieving a coordinated, viable, overall plan for development, use and management, the following concept is recommended (see Exhibit A). Trails The components will be linked by a system of bike/hike trails and bikeways. Many segments of the trails will also be suited to ski touring which will extend the period of public use to all seasons of the year. A total of approximately 15 miles of interconnecting bike/hike/ski tour trails can be achieved (excluding the peripheral bikeway connectors). Parkway. The Forest Glen Parkway from East Bush Lake Road to West Bush Lake Road will result in a parkway loop of approximately 6 miles for pleasure driving. The loop is comprised of Forest Glen, West Bush Lake Road and Cast Bush Lake Road. It is intended that the Parkway will serve not only able-bodied persons but also the physicals • . handicapped who do not have the ability to use bike/hike trails to enjoy the outdoors. �vl1 vaiciffib, Neel 7. Page 6 ' • Interpretation Interpretive programs will emanate from the central staff support facility at the Richardson Nature Center in Hyland lake Park • Reserve. This will assure the coordination of the overall interpretive program, prevent duplication of facilities and staff, and assure uniformity of program quality and content. Trailside interpretive and support facilities will be provided at appropriate intervals in the interpretive system. Resources for guided and self-guided interpretive programs [are] will be found at all the sites and will be incorporated into the total interpretive program. Grade Separated Trail Crossings • For maximum trail continuity and safety, grade separated trail crossings will be necessary. They [must] should be incorporated into the planning process for upgrading of County 18 and East Bush lake Road. Safe, on-grade crossings [must] will be provided at all other conflict points. Iplementing Agencies/Jurisdiction • To achieve maximum coordination and continuity of acquisition, development and operations, the following consolidated management jurisdictions are [recommended] pruosed. 141 .r... - i Page 7 • I : Bush Lake Park Responsibility for acquisition, development and operations will remain with the City of Bloomington. • bland Lake Park Reserve Responsibility for acquisition, development and operations will remain with the Hennepin Country Park Reserve District. Corridor and Tierney s idoods i Respor5ility for [acquisition], development and operations will become the responsibility of the Hennepin County Park Reserve District. It is goosed that a development and management agreement between the City of Btornnington and the Hennepin County Park Reserve District . will he concluded by Jul 1 1973. The agreement will detail the functions and regonsibilities of the mans ing agency with respect to Corridor Park and Tiernev's Woods. [An agreement between the City of Bloomington and the District with regard to the transfer of these interests will be concluded by January 1, 1979.3 Anderson Lake Park Responsibility for acquisition, development and operations will become the responsibility of the Hennepin County Park Reserve District. An agreement between the City of Eden Prairie and the Hennepin County Park Reserve District with regard to the transfer of these interests will be concluded by January 1, 1979. riem T • Page 8 • Management Objectives The implementing agencies will manage the respecitive sites in conformance with the Management Principles as set forth in the [Regional] Metropolitan Development Guide Recreation Open Space Development Guide/Policy Plan, Section III, as adopted by the Metropolitan Council on December 19, 1974 pursuant to Minnesota Statutes 473 B.06. A copy of the Management Principles is attached. • 147O APPENDIX DISCUSSION OF ISSUES RELATED TO JOINT PLANNING & COORDINATION WITH BLDOMINGTON, EDEN PRAIRIE AND HCPRO 1. Land Acquisition Status TOTALS a. Total land acreage of all components is estimated to be • approximately 1816 acres of which approximately 1610 acres have been acquired, leaving approximately 206 acres to be acquired. The breakdown is as follows: (subject to verification). To Be _Component La.iiimi Acquired Totals Hyland Lake Park Reserve 969 7 976 Bush Lake Park 200 15 215 Corridor & Tierney's Woods 265 52 317 Anderson Lakes Park 176 132 308 Totals 1610 206 1816 acres HYLAND & BUSH b. The boundary between Hyland and Bush Lake is revised in the area from 96th Street south to the cemetery. This is y brought about by agreement on the future relocation of a segment of East Bush Lake Road (Co. 28) which will improve the horizontal alignment for better flow of traffic. The relocation will utilize the existing Oregon Avenue right- of-way and eliminate the sharp curve adjacent to the cemetery. As a result all lands east of the road will be included in the Hyland Lake Park Reserve and the land r west of the road, south to West 98th Street, will be part } MI t DIX, Page 2 • of Bush Lake Park. Berry parcel is 5 acres +, Nesta Hills Addition is 6 acres +. • CORRIDOR c. A parcel of about one acre at the southeast end of the Corridor is retained as a life estate to Mr. Wallo, however, the record shows Mr. Wallo to be the taxpayer and owner. The land acquired from Mr. Wallo is platted as Runefjell where the owner "...hereby donates and dedicates to the public for public use forever the roads, drainage and utility easements as shown on the plat.", dated November 1, 1975. A quit claim deed from Mr. Wallo to the City granting a 60-foot Forest Glen Road as shown on the plat. There is a flowage easement owned by the City, and the Runefjell plat carries a covenant which "prohibits building a structure that is capable of human habitation." Forest Glen Road from East Bush Lake Road to West Bush Lake Road has been a platted street for a number of years as is indicated on the City's Map and Western Area Plan. Tierney's Woods d. The record makes no mention of any restrictive covenants on the use of the Tierney's Woods property. East Anderson e. Amsden Road along the south shore of East Anderson Lake Lake (Bloomington) in Bloomington is to be vacated in the future. The vacated street will then revert to public ownership • which will increase the width of the shoreline for parks ,,JIX, Page 3 and open space purposes. Anderson Lakes f. Time did not permit an exhaustive check on the status Eden Prairie here but a cursory check indicates that certain parcels are in condemnation in the Rhinohead peninsula and in the southeast quadrant bounded by County Road 18 and [Amaden] Amsden Road. Status of condemnations is not known at the time of this writing. Preliminary investigation does not indicate any restrictive covenants on the parcels that have been acquired. and West Shore g. Preliminary information shows that about 4500 lineal feet North Shore Anderson Lakes of the shoreline has been acquired by dedication on the (Eden Prairie) west and north shores. The primary purpose is shoreline protection, and varies in width. Portions of the acquired strip are indicated as outlots. In the one case on the west shore, it measures 100 feet + wide and includes a utility easement granted to Northwestern Bell Telephone Company, and states in the easement that the City may build a roadway, parking lot or walkway with asphalt or crushed rock. There is an apparent convenant relating to the ordinary high water line, presumably regarding shoreline protection. The remainder of the shoreline protection corridor apparently is to be acquired by dedication from the developers of the adjacent lands. Time did not permit further investigation or confirmation. • The boundary line indicated on Exhibit A is estimated on the basis of present data. 103 ,dDIX, Page 4 Outlots h. It was found that several acquired parcels at Bush Lake, Corridor, Tierney's Woods and Ar.derson Lakes are listed as outlots. Preliminary indicates are that the conditions of use or status of these outlots will vary from parcel to parcel, and it is important that this be [confirmed before too many assumptions can be made regarding their use) determined prior to July 1, 1978. Further Research i. The foregoing discussion relative to land status is based on a cursory review of the public record. A comprehensive research of the record will require considerably more time to confirm any limiting conditions that may exist on the respective parcels. 2. Trail Circulation System Classification a. The regional portion of the system will serve as "arterials," with the other local-municipal sub systems and connectors serving as "locals" and "collectors." It is a trail system superimposed over a street system. Ski Tour b. Ski touring can be incorporated on much of the system. Ski touring will not occur directly on the paved bike/hike surface but will occur adjacent to it within the trail corridor. Foot Trails c. .Exhibit A does not attempt to show the foot trail network which will occur in many areas, i.e. interpretive areas lu14 .NDIX, Page 5 • • and natural areas. [Foot trails will be included in site design process.] Service Vehicles d. The bike/hike system must accommodate light utility vehicles and emergency vehicles--particularly in the Tierney's Woods and Anderson Lakes areas where vehicular access will be quite limited. This will require a mini- mum trail tread width of 10 feet plus shoulders. Design standards for the entire system are subject to the specific i site design development process. A. Handicapped e. Wherever practical and feasible to do so the trail system .j must meet barrier-free design criteria so as to accommodate the handicapped. Support Facilities f. Trailside interpretive and support facilities will include such elements as benches, weather shelters, drinking • water, comfort stations, information stations (kiosks), observation decks, overlooks, and observation blinds, 1. and bike racks to name but a few examples. The location, quantity and design of these elements will be determined in the [project design development process] specific site design development process. • Parking•Ruses g. [Design for] Vehicular access and parking lots will [require turning radii to] acconiniodate MTC buses. 141S ,01X, Page 6 Hyland Extension h. The bikeway extending from the existing Hyland trail North north to Forest Glen Road and 84th Street will be incorporated with the design for the upgrading of East Bush Lake Road. [The distance between the road and the bikeway will vary with the terrain.] East from Hyland i. Bike/hike trail connections to the Bloomington bikeway will be provided along the east boundary of Hyland at 94th Street and in the area of [98th Street or 99th Street] 100th Street subject to specific site and land use conditions. The existing connection at 94th Street will remain, however, the conditions of the wooden bridge over the MN&SRy tracks needs to be studied to determine future improvements. yyj South from Hyland ,j. Similarly, a connection will occur to the south along County Road 28 which will provide a [direct] connection to Dred Scott [Field] Plavfield. Forest Glen k. Future trail access and parking will be on Forest Glen Road (parkway) near East Bush Lake Road. The bikeway will run parallel along the north side of the road and will not intrude northward into the interpretive area. Existing parking at Hyland Ski Area will be utilized until additional facilities are needed. tyY(, .NDIX, Page 7 1-494 Xing 1. Bikeway will cross over I-494 at West Bush Lake Road for connection to Edina's bikeways [and Nine Mile Creek]. Bridge needs study to determine if modifications are required for safe bike travel. Tierney's Woods m. Bike/hike trail will be on the periphery and will not (82nd) penetrate the woods. [Trail access and parking will occur on 82nd Street.] Parking will occur adjacent to 82nd Street. Trail will connect to Anderson Lakes Park via underpasses and will [continue] provide continuity west and east to tie with the bikeways of both cities. Anderson Lakes n. Bike/nike trail will be on the periphery and will no;. 'penetrate the interpretive areas. Connections and exten- sions will be made with Eden Prairie's bikeways. Specific route alignments will be determined in project design process. [Corridors shown on Exhibit A are conceptual.] Bike trails will not extned into the west shoreline protection zone. Connection to East Anderson Lake will occur via underpass at the channel. 3. Roads/Streets Co. 28/EBLR a. East Bush Lake Road (Co. 28) [is to] will be upgraded to become .,n arterial with bikeways [will be] incorporated with the street design. Grade separated trail crossings will occur at Bush Lake Beach and at forest Glen Road. • Until a street is upgraded the trail crossings will tq�'1 sENDIX, Page 8 require well marked, safe, on-grade crossings [as an interim measure]. Forest Glen b. Forest Glen Road will function as a parkway [. Design will conform to parkway standards for collector streets] and will be posted for reduced speeds. Truck traffic will be prohibited. [For clarification, this one mile road will be renamed Forest Glen Parkway, Nine Mile Creek Parkway, or Bush Lake Parkway to more accurately reflect its purpose.] Marth Road c. [The partial interchange at Marth Road and I•494 as indicated in the Western Area Plan will be deleted. Alternate location will occur at the West Bush Lake Road a crossing which will be modified to serve the interchange • functions and bikeway crossing.] The partial interchange at Marth Road and I-494 is not shown on Exhibit A. Interchange locations between CSAH 18 and Highway 100 as indicated on. Bloomington's Western Area Plan is subject to further study. West Bush Lake Road d. Exhibit A indicates West Bush Lake Road (parkway) and 98th Street connecting directly to East Bush Lake Road (parkway) for continuity of the six-mile parkway. Route and intersection design is subject to further study. 10/ AD1X, Page 9 . Parkway e. The resulting loop comprised of Forest Glen Road, East Bush ' Lake Road and West Bush Lake Road will be a six-mile parkway for pleasure driving which continues to be one of the most popular forms of leisure activity, and a six-mile bikeway loop. .ounty 18 f. [Based on available data it is assumed that County 18 will be upgraded to a limited access freeway extending south across the Minnesota River. Planning for the free- • way will be done with the objective of minimal negative ' A. ....-Th \ :4, i'l impact on the Anderson Lakes and Tierney's Woods sites. N) i '1' 1 Grade separated trail crossing must be incorporated with i i the planning of the freeway.] r i County Road 18 will be tpgraded to a limited access f arterial between 1-494 and III 13. Planning for the / I street will be done with the objective of minimal i !motive impact on the Anderson Lakes and Tierney's i 0 • Woods sites. Grade separated trail crossings must be incorporated with the planning of the street. \./I\ l A\4`' \v '''''' \A . :ml :/2/78 • MEMORANDUM TO: Mayor and City Council THRU: Roger Ulstad, City Manager • • FROM: Bob Lambert, Director of Community Services SUBJECT: Renewal of Lease Eden Prairie Stables DATE: May 23, 1978 On May 31, 1975, the City of Eden Prairie entered into a lease agreement with • Glen and Janet Lorenz and Burt and Alice Lear on approximatley 25 acres known as the Eden Prairie Stables at Bryant Lake Park. The initial lease was for a period of one year, from June 2, 1975 to May 31, 1976, for a fee of $4,800 per year plus 5% of the gross receipts over and above $50,000 in any one year payable within 45 days after the expiration of the first year time. The leesees were further granted the right to occupy the premises under the terms and conditions set forth in the lease by the exercise of one or more of two successive options each for a period of three years. The first option period extending from the first day of June 1976 to May 31, 1978. The second option period extending from the first day of June 1978 to May 31, 1980. In early April 19/8, I visited the stables with A1r. Glen Lorenz and discussed the existing problems with the stable; namely, the pollution to Bryant Lake, the grading problems, etc. Mr. Lorenz indicated that they were very interested in obtaining a long tern lease so they could be guaranteed a return on their investment if they made any substantial improvements to the property. We also discussed the lease agreement and the renewal due June 1, 1978. The Parks, Recreation and Natural Resources Commission have discussed the renewal of the lease at several meetings in April and May and on May 15, 1978 Dave Anderson moved to advise the Council that the Commission was in favor of the operation and recommended the acceptance of the staff recommendation of the May 12, 1978 memorandum except for items number 6 and 12 in the second sentence of paragraph 3 dealing with the length of the lease and rental fee per month, and that these items be worked the staff, City Council, City Attorney and the operators of the stable. Also, that an expenditure not to exceed $45,000 to construct the addition be approved and that restrictions be enforced against pollution of Bryant Lake Park and Nine-Mile Creek. Also, that fences be moved back along the lake so that the public would have access to the shoreline and that the Commission recommended a five year lease. Motion carried. 6 in favor. Kruell voting against. In regard to number 6 of the staff recommendation, the Commission felt that the insurance of $1 million dollars should be continued and increased if and when other City liability minimums arc increased. There was considerable discussion on item 12 of the May 12 staff report on the construction of the 34x200 foot addition to the existing arena facility. The lessee would like to have the 34x200 foot addition completed as soon as possible ., and paid off over a ten year period by the lease money. The staff recommended holding off on construction of the addition until the lease money totalled the amount needed for the addition. This would give the City a chance to review the 1490 _2_ operation after they have received a long term lease. The staff also has some concerns about putting a $45,000 addition to a building and then two or three years down the road having the lessee decide to drop the lease. The City would be left with a larger building that would not be designed for any other use other than boarding horses. A, The staff would recommend approval of a five year lease at $700 per year with the lease rate increasing at the cost of living each year for the first five years 3. and option to renew another five year lease in 1983. Further, staff would not recommend any additions to the facility at this time. • BLmd • • • • �RR iti9 1 MEMORANDUM TO: Parks, Recreation and Natural Resources Commission • • FROM: Bob Lambert, Director of Community Services • SUBJECT: Renewal of Lease for Eden Prairie Stables DATE: May 12, 1978 On April 28, 1978, I wrote the Commission a memorandum concerning my recommendation to continue the operation of the stables under a number of conditions. At the May 1, 1978 Parks, Recreation and Natural Resources Commission meeting Mr. Glen Lorenz submitted a proposal based over ten years. The Parks, Recreation and Natural Resources Commission requested staff to review the proposal and to come back at the May 15 meeting with a recommendation on the proposal. After reviewing Mr. Lorenz's proposal I am convinced that he is committed to the success of the stables and willing to invest the necessary time and money needed to make the stables a credit to the Eden Prairie park system. I continue to agree that Eden Prairie is in a unique position to provide a whole- some recreational opportunity to the residents, at no cost to the taxpayers. I know of no other park system in the State of Minnesota that is able to provide this service, and I feel that a well managed riding stable is the best use of the existing facility. • • I am in basic _greement with Mr. Lorenz's proposal with the exception of the rental cost. I would recommend a ten year lease on the facility at $700 per month for the first five years, but increasing to $1,000 a month for the last five years. I make this recommendation based on the past increases in cost, and with the knowledge that the stables will he increasing rental-fees a great deal over the next ten years and if we intend to put this rental money into a fund that would go back into the facility, the renters would be receiving the benefit of the increased costs. My recommendation for a counter proposal for the lease would include the following: 1. The City staff would develop a site plan for the stable area and would complete the grading, seeding and planting in 1978. 2. The City will develop riding trails in 197S that would begin at the stable area and would be open to people that would board horses at the stabes as well as other individuals with horses in the metro area. 3. The stable presently offers boarding for horses including tie stall and box stalls. By the end of 1978 the operation should be changed over to completely box stalls with pastures used only for exercising the horses during the day. 4. The City staff will review areas that are presently used for pastures and may recommend eliminating some of those areas as pastures. • 5. The City will continue to publish the lessess services to Eden Prairie residents through the recreation program brochures and the city newsletter. • 6. The lessee shall continue to keep the million dollar insurance coverage. (OVER) • • • _2_ 7. The stable presently offers boarding, training and riding lessons. Anytime the basic nature of this operation changes significantly the lessees will notify the lessor. 8. Eden Prairie residents will continue to obtain a discount on riding lessons. 9. All of the conditions listed in the lease agreement of May 31, 1975, with the exception of the change in the lease price, shall pertain to the ten year lease. 10. The lessees agree to undertake the following items of maintenance and repair to the facilities in addition to a general terms of the lease at the expense of the lessor. a. Construct all new fencing in the accordance with the revised site plan. b. Complete the necessary maintenance to maintain or improve the present condition of all buildings. c. Eliminate the manure pile located at the southwest end of the tie stall barn. d. The staff will review the concept of a compost pit and may elimintate the idea altogether, but certainly will require removal of the entire • compost pit each spring. e. The lessor reserves the right to order elimination of manure storage upon seven (7) days notice if it, in its sole discretion, finds that it constitutes a hazard to health or a nuisance. It is understood that the lessee shall have the sole obligation to see that the manure accumulation on the premises is disposed of. 11. On June 1 of each year the lessee will be required to notify the lessor of current prices it is charging for its entire operation such as: riding lessons, boarding of box stalls, training, etc. 12. The City staff will obtain estimates on construction of a 34x200 addition to the existing arena facility including: toilets, classroom, equipment and feed storage, stalling, and hot water heat, and will contract for the construction of the addition when the leasing fees amount to the estimated construction costs. 13. The staff will investigate alternative heating systems for the house and will make a recommendation for installation of oil or gas fired furnace prior to the winter of 1978-79. If this type of proposal is implemented, the pollution of Bryant Lake would be eliminated, the facility would he upgraded, and residents would continue to have access to a unique recreational facility at no cost to the general taxpayer. BL:md 11193 MEMORANDUM • TO: Parks, Recreation and Natural Resources Commission • FROM: Bob Lambert, Director of Community Serviced(_ • SUBJECT: Renewal of Lease/Eden Prairie Stables DATE: April 14, 1978 On May 31, 1975 the City of Eden Prairie entered into a lease agreement with Glen and Janet Lorenz and Burt and Alice Lear, on approximately 2S acres known as the Eden Prairie Stables at Bryant Lake Park. The initial lease was for a period of 1 year from June 2, 1975 to May 31. 1976 for a fee of $4,800 per year, plus 5% of the gross receipts over and above S50.000 in any one year payable within 45 days after the expiration of the first ycar time. The lessees were further granted the right to occupy the premises under the terms and conditions set forth in the lease by the exercise of 1 or more of two successive options each for a period of two years; first option period extending from: the first day of June 1976 to the 31st of May 197S. The second option period extending from the first day of June 1978 to the 31st of May 1980. 1'he lease further stated "the lessees may exercise these options by serving upon the lessor a written notice stating they will exercise such option and renew the lease for seth additional term of two years; such notice shall be delivered to the City Manager of the City Eden Prairie at least ninety days before the expiration of the then existing term". This clause was subject to the right of the lessor to terminate said lease upon ninety days notice after the first year. The lease also refered to Exhibit B as a list of things the lessor agrees to do and those items to be done by the lessees, and those items which the lessees may • be intiticd to reimbursement when and if done. The rent today on this property is the same as it was in 1975, that being $4,800 per year plus 5% of the gross receipts over $50,000 in any one year. As we all know, costs for everything have risen considerably in the last three years. Eden Prairie Stables have increased their riding lessons and boarding costs. They have also had substantial increases on cost of their insurance. • At this point the Commission should consider if it wants to recommend continuing the horse operation at the Eden Prairie Stables and if so what the rental should be for the next two years. Items to consider are: 1. Do we plan on continuing to have a privately run horse operation in the • regional park? This should be decided now because this summer we are developing a number of multi-use trails, bike trails and horse trails in the park. As it is now, few if any people bring horses in from other parts of the community to ride in Bryant Lake Park. The park trails are used almost exclusively by people that board their horses at the stable. Therefore, arc we providing public trails for an exclusive number of people? if we are planning horse trails in Bryant I.al.e Park. I believe that we should encourage public use by providing parking areas for trailers brought in from other parts of the community. iugy r Eden Prairie Stables -2- April 14, 1978 2. Is this a good use of public land, and what advantage does the general public have by having this facility in a regional park? An individual could go out to Eden Prairie Stables and sign up for riding lessons but could not go out and rent a horse to ride in the park. ;{ Eden Prairie residents presently receive a $10 discount on riding lessons. There arc many Eden Prairie residents that board horses x at the Eden Prairie Stables and the facility promotes a family type of recreation. 3. The present lessees have done a considerable amount of repair and i ' upkeep on the facility. However, the site is in dire need of extensive grading if we arc to recommend continued operation of a public facility at this site. lie should also he committed to cleaning up the site and eliminating the existing pollution of Bryant Lake. 4. If we choose to extend the lease, it is my recommendation that the rental be increased to $525 per month and eliminating the 5`a gross over $50,000 a year. My rationale for the increase in rental is based on the cost of living increase over the last three years and • the fact that there is no real control by the City for auditing the income from the stables for the 5%. Also with an increase in rental the City would be in a better position to afford the grading and other cleanup that should be done on the site. BL:.ad I 1 • i . i ,r s i I I4f4S f MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Servicest— SUBJECT: Renewal of Lease Eden Prairie Stables DATE: April 28, 1978 At the April 17, 1978 Parks, Recreation and Natural Resources Commission meeting • the Commission considered the renewal of the lease for the Eden Prairie Stables. At that meeting there were several questions concerning the pollution of Bryant Lake and the costs to the City in terms of improvement of the property if it is to he maintained as a stable. In 1977 Barr Engineering completed a study for improvement of Bryant Lake under the direction of the City of Eden Prairie and Nine-Mile Creek Watershed District. I have attached copies of the pages of this report that refer to the Eden Prairie Stables and it's direct pollution of the lake. In summary the study indicates that the Eden Prairie Stables contributes approximately l0a of the phosphorus loadings to Bryant Lake each year. The study recommends grading a holding pond for the area; also a drainage ditch running parallel to the creek that would pick up runoff before it got into the creek and to change the pasture around so that horses could not have direct cost ct with the creek. . Another concern of the Commission was the question "is this operation a good use of public land"?. This question brought a great deal of discussion. I personally feel that a riding stable is a recreational use that promotes a family type of recreation and is a legitimate use of public property if it is not costing other taxpayers for it's operation, and if it is open for use by all residents of the community. The question was brought up about residents being able to rent a horse to ride on the trails. The Stable's policy is that anyone could rent a horse but must first go through their riding program so they arc sure that the person can handle the horse and would he safe on the trails. This rule is probably especially essential when persons could be riding in a park where other people may be walking, etc. I agree with Mr. Lorenz that Edcn Prairie is in a position to provide another type of recreational opportunity to the residents at no cost to the taxpayers. People of any age can learn to ride and will have a nice place to ride, right in the City. I would like to see the operation of the Stables continue under the following conditions: 1. The City provide a five (S) year lease with n grant for the first year set at $SSO per month and increasing for the next four years at the following rate: S600 per month for the second year (197)-1980), $65O per month for the third year (19SO-19S1), $?On per month for the fourth year . (1981-1982), and S750 per month for the fifth year (1982-1983). The money from this lease should go into a separate fund that would be used for major improvements to the ::tables. iu969 Stable Lease -2- April 28/78 2. The City develop a site plan for the stable area which will serve as basis for all improvements for the site. • 3. The City will complete the grading of the site to improve the drainage problems and eliminate pollution of Bryant Lake Park. 4. The City will develop riding trails that will be open to people that board horses at the stables as well as other individuals with horses in the metro area. S. The City staff will review areas that arc presently used for pastures and may recommend eliminating some of those areas as pastures. 6. The City will continue to publish the lessees services to Eden Prairie residents through the recreation program brochures and the City Newsletter. 7. The lessees agree to undertake the following items of maintenance and repair • to the facilities in addition to the general terms of the lease at expense to the lessor. a. Construct all new fencing in accordance with the revised site plan. b. Complete the necessary maintenance to maintain the present condition of all the buildings. c. Eliminate the manure pile located at the southwest end of the tic stall barn. d. The staff will review the concept of a compost pit and may eliminate the idea altogether, but certainly will require removal of the entire compost pit each spring. e. The lessor reserves the right to order the elimination of manure storage upon seven (7) days notice if it, in it's sole discretion, finds that it constitutes a ha:ard to health or • a nuisance. It is understood that the lessees shall have the • sole obligation to see that the manure accumulation on the premises is disposed of. 8. On June 1st of each year the lessee will be required to notify the lessor of the current prices it is charging for its entire operation such as: riding lessons, boarding of box stalls, tic stalls, etc. 9. The lessees shall continue to keep a million dollar i:..nrance coverage. 10. The stable presently offers boarding horses, tic stall and box stall and riding lessons. Anytime the basic nature of this operations changes sign- ificantly the lessee will notify the lessor. 11. Eden Prairie residents will continue to obtain a discount on riding lessons. 1�19/ Stable Lease -3- April 28/78 12. All of the conditions listed in the lease agreement of May 31, 1975 with the exception of the change in the lease price shall pertain #. to the five (5) year lease. • ;i If we are going to have a riding and hoarding stable in our park and recreation sytem, then lets do it right and run a clean, well managed operation. BL:md '(Al • • were released from the sediments in November and December. This pattern suggests that phosphorus in sediments was either reactivated in the winter under the influence of reducing conditions caused by an oxygen deficit in i the hypolimnion and/or was released and mixed into the lake water during the fall turnover period. The foregoing analysis indicates the importance of the lake bottom sediments as an element in the phosphorus cycle. The phos- phorus is most likely recycled through the decomposition of particulate phosphorus and the subsequent release of reactive phosphorus. The effect of phosphorus recycling is important in attempting to reduce lake eutrophication. i Nutrient Loading From Stables and Treated Sewage Discharges 1' Since phosphorus contributed by individual sources in the watershed 1 tributary to a sampling station cannot be distinguished in a water sample f collected at the sampling station, it is important to estimate the contribu- 1 tion of the various major sources such as animal lots and treated wastewater t effluent. The loadings from "point sources" will also be needed to estimate .the value of various phosphorus control schemes directed at specific sources. e 1 Horses are stabled in barns north of Bryant Lake. These barns are owned by the City of Eden Prairie and by private residents. Horses are also stabled i south of Glen Lake along County Ditch 34 at the Hennepin County Home School. t During the 21-month monitoring period, the horse population in the watershed changed. The privately-owned barn at the north end of Bryant Lake stables i { 6 to 7 horses. One-hndred twenty horses were kept at the stable now owned by Eden Prairie during portions of 1974. The herd size declined until June, 1975 when the stable was acquired by the City, and all the horses were gone. Shortly thereafter, the horse population rose to about 50 and in March of 1976, 55 horses were stabled there. The County Home School had a herd of 21 hours in 1974, which decreased to 16 during 1975. j t Runoff from animal lots and pasture areas include significant quantities of nutrients and organic material. Microbial decomposition of the organic material can result in a significant oxygen demand that contrit-utes to anaero- bic conditions in the hypolimnion of a lake, which can cause the release of phosphorus. On the basis of information obtained from the literature, an 1. 44 11199 { average annual phosphorus contribution of up to 26 pounds per horse was used to compute the total amount of phosphorus produced at each barn per year (Fogg, 1971). This data is summarized in Table 7. A sizable portion of this phos- phorus is trapped by soil adsorption and filtration, recycled into pasture grass, or removed by other mechanisms. Manure and soiled bedding collected at each of the barns is typically stockpiled outside until it is spread on pastures or fields. To evaluate the phosphorus loadings which might be expected to be con- Cributed to Bryant Lake by horses, additional information concerning phos- phorus concentrations in runoff from feedlots and associated areas was gathered from the literature. Samples collected from seepage out of manure • stockpiles measured total phosphorus concentrations of between 64 and 560 mg/1, with an average concentration of 280 mg/1 (Loehr, 1974). Other liter- ature information indicates that runoff from animal feedlots contains total phosphorus concentrations on the order of several hundred milligrams per ' liter with areal loadings of as much as 500 pounds of phosphorus or more per • { acte per yea: for crowded cattle feedletc. Runoff from croplands on which manure has been spread produced phosphorus loadings of from 0.9 pound per acre per year to 2.8 pounds per acre per year. On the basis of this data, it was estimated that runoff from the horse pasture areas at the Eden Prairie Stables was 2 pounds per acre per year and runoff from the barns and riding arena area and from manure stockpiles was 10O pounds per acre per year. Assuming that high phosphorus producing areas occupy a total area of about 1 acre and that the balance of the 25 acres is pasture, runoff from the Eden Prairie Stables contribute an estimated 150 pounds of phosphorus per year to Bryant Lake. Since fewer horses are stabled at the Hennepin County Home School, it was assumed that 0.9 pound of phosphorus per acre per year was contributed by the pasture lands and that 20 pounds of phosphorus per acre per year was contributed by the manure storage and barn areas. Assuming that the distribution of land is the same as that for the Eden Prairie Stables, runoff from the Hennci'in County Home School' barn and contributes about 40 pounds of phosphorus per year to Bryant Lake. It was assumed that horses owned by residents in the direct tributary area of the lake would contribute about half this amount, or about 20 pounds • 45 I SW • 1 -_s. 1 1 t i 1 TABLE 7 1 POTENTIAL IMPACT OF HORSE BARNS I Herd Size I18 horses 50 horses 120 horses Phosphorus Production* • Low Range, lbs. of P/yr. 130 360 860 High Range, lbs. of P/yr. 480 1,300 3,200 Potential Maximum Runoff** Low Range, mg/1 as P 3 9 22 lbs. of P/ac./yr. 5 14 34 High Range, mg/1 as P 12 33 81 lbs. of P/ac./yr. 19 52 128 ' *Total phosphorus produced in horse manure, computed using data from (Fogg, 1971; Ignatieff and Page, 1958). • **Potential average phosphorus concentrations in surface runoff assuming all phosphorus is removed by surface runoff and using 12.3 inches of runoff during the 21-month monitoring program period over 25 acres of barn and pasture area. ) 1 j 1 j} . S 46 /501 ,f phosphorus per year. Thus, it was estimated that horses in the watershed ;entribute 210 pounds of phosphorus per year to Bryant Lake. 'This amounts to approximately 14 percent of the total phosphorus inflow in 1974. e During the period studied for the nutrient balance, wastewater from • ,:len Lake Sanitorium was diverted from the watershed and treated sewage was discharged from the Hennepin County Home School. The chemical strength of • the effluent discharged from the Home School during the period is uncertain • ,tud the only data available are design estimates of the discharge rate and of the ultimate biochemical oxygen demand. Since the sewage from the Hennepin County Home School was entirely domestic and could be expected to have a phosphorus content in the range of 1 to 10 mg/1, a phosphorus concentration i of 4 mg/1 was assumed. The total phosphorus loading due to treated sewage Iwas computed by multiplying the phosphorus concentration of 4 mg/1 by an estimated daily discharge of 20,000 gallons. This resulted in 244 pounds of phosphorus per year contributed to Bryant Lake by treated sewage discharges or approximately 16 percent of the total phosphorus inflow in 1974. Stream Purification in Subwatersheds I :Comparison of the monitoring program data at Stations S-3 and S-5 shows increasing total phosphorus quantities with increased watershed area along the South Fork of Nine Mile Creek. On the other hand, the comparison of monitoring data from Station S-10, S-11, and S-12 shows that a reduction in ( phosphorus concentrations is occurring between Stations S-12 and S-10 along {{ County Ditch 34. Contrary to what might be expected, phosphorus apparently was detained between Stations S-12 and S-10. Field inspection of the water- shed areas tributary to County Ditch 34 suggests that phosphorus utilization # by marsh vegetation and grasses covering the broad fields along the stream between Stations S-12 and Bryant Lake may have been responsible for "in- stream" treatment. Elevated loadings of total phosphorus probably have occurrod at Station S-12, as a result of treated sewage discharged from Glen Lake Sanitorium and from the Hennepin County Home School. However, down- stream of Station S-1.2, County Ditch 34 passes through an area of broad flat fields covered with grass. Surface runoff over these fields would move at relatively low velocities due to the flat slope and flow resistance provided } R 47 150� d black, fine-grained organic soils underlying some marshes have small pore •} spaces and poor drainage qualities. Better water conveyance will be obtained from peat materials, especially the lower density and fibrous { varieties (Farnham, 1974). Feat materials are typically younger (in geologic terms) than the fine-grained black organic soils, have lighter color and density, and much higher porosity and permeability. A thickness of at least 3 feet would probably be necessary for a successful filtration operation. To determine the feasibility of natural filtration/treatment in a marsh, exploratory soil borings and soil tests must be made to determine permeability, void ratio, compression index, and phosphorus adsorption potential. With this information, the treatment potential of the marsh • t can he assessed and a reasonable drainage design can be formulated. For this report it is assumed that, except for a basin proposed for the north • end of Bryant Lake, the sites proposed for instream sedimentation basins would all be developed for filtration outflows with 2 acres of drain tiled • i area at each rite. The use of drain tile r•urlets at those four sites would add an estimated $92,000 to the cost of developing instream treat- 7 Went basins. s Nutrient Source Reduction `' i Another method to reduce concentrations of phosphorus reaching Bryant Lake is to remove the contaminants at the source before they can be washed • .Tway. Research has indicated that factors such as general community clean- liness can significantly affect the quality of storm water runoff (Sartor, 1972; Colston, 1974). The following paragraphs summarize phosphorus source • • reduction techniques applicable to the two principal sources of phosphorus • r r to Bryant Lake, namely the stables and the general urban environment. ' :':?•1cr. in the Bryant Lake Watershed . Horse barns located in the watershed are a source of phosphorus to • Nryant Lake that can be reduced with proper management. As discussed • 78 I5O'a3 earlier, the Eden Prairie Stable may be contributing about 150 pounds of phos- ;horns per year to the lake, which is currently about 10 percent of the total phosphorus inflow. This contribution of phosphorus could be reduced by isolating the stable area from the lake and by routinely collecting and re- -wing the manure. The effect of the other horse lots in the watershed could Aso he reduced by providing an enclosed location for manure storage and by isolating animals from creeks and streams tributary to Bryant Lake. Stable • ' areas could be provided with buffer zones between areas used by the horses and drainageways leading to the lake. • Projected land use and the present layout of pastureland at the Eden Prairie Stable indicate there is probably not enough space available for ' relocation of pastures. Some laud north of the lake along Nine Mile Creek is now being used as pasture along with other land between the stable and t the lake. A plan to reduce the effect of pasture runoff within the space limitations could include the use of fields for pasture that are further - from the lake and Nine Mlle Creek. The construction of ditches in a moat- I like fashion parallel to the creek to intercept runoff before it reaches the r r creek and to improve phosphorus removal by sedimentation and/or soil filtra- tion could also be considered. r i 1 Additional runoff control at the Eden Prairie Stable could be provided t by constructing a holding pond between the barn area and Nine Mile Creek. A similar facility installed for storm water treatment purposes at a comer- icial area in the Twin Cities area has been successful in removing a variety of material---including biochemcial oxygen demand, suspended solids, coli.form • r 1 bacterial., and nutrients--with detention periods of about one week or more. t The holding pond could be designed to capture all runoff from 10-year fre- t quency runoff events and to pass higher flood flows after a short storage period. Water losses would occur by seepage and evaporation and the detained I water could he discharged through a drain tile outlet, providing filtration through the bottom soils. Maintenance requirements would be simple and access would be easy during dry periods. `! Manure produced at stables and disposed in the Bryant Lake watershed 1 will he a continuing problem unless it is properly disposed of or processed E 79 ISU'( { in some manner. A composting operation could be developed on the site of the abandoned barn at Eden Prairie Stable to process horse manure and bedding, and the composted manure could be made available for garden or lawn fertilizer. While composting would not actually reduce the amount of phosphorus in the waste, it would reduce the volume and oxygen demand and provide a mechanism by which proper handling could be insured and } distribution controlled. The fertilization properties of horse manure would be improved with composting by eliminating pathogens, spores, and offensive odors; by improving the handling texture; and by increasing the cation exchange capacity (caller, 1971; Willson, 1971). A composting operation could be sized to handle manure from other stables and other waste organic solids. Composting facilities in the Twin Cities area are regulated by the MPCA and by the Metropolitan Council. Development of a manure composting facility at the Eden Prairie Stables would require adherence to various technical and economic conditions. A rough -:at estimate using available information (U. S. EPA, 1974) indicates that annual capital and operating costs for an on-site composting operation would probably be more than $33,000, assuming that 1,080 tons of manure are composted each year. .,,..E Costs of manure disposal could be reduced by giving manure away without composting. Well rotted manure has a value as a fertilizer. Interest could he generated quickly simply by announcing publicly that a well rotted manure supply was available, and revenue might be generated by charging a nominal fee for each load. The City of Eden Prairie should research various methods of generating demand for and revenue from the stockpiled manure. A shelter must be provided over the manure storage area to prevent rainfall and runoff from coming in contact with the manure during temporary storage. Also, manure spreading near water bodies or streams should be eliminated. If storage space for manure stockpiles is not presently available, 80 /OS • } a simple pole building could be constructed to provide the amount of storage needed. The capital cost of runoff control at Eden Prairie Stable is esti- mated at $48,000. Cost of the detention pond might be lower if existing soils at the site can be used and if a stable foundation is available for the dikes. Final design should include a detailed hydrologic study to provide the proper sizing of the pond and its discharge system. The cost of a manure storage barn was estimated assuming that the foundation of the old barn at the stable can be used. If this foundation should not • prove to be adequate, the cost would probably be about $11,000 higher. Urban Runoff Numerous studies have recently been completed evaluating the physical, chemical, and biological impacts of runoff and discussing the methods and costs of reducing this source of water pollution. The degrading impact of storm water runoff can be especially dramat': in the urban environment, ` where impervious surfaces increase runoff and greater concentrations s of human activity cause greater concentrations of many pollutants. ough the total annual discharge of most pollutants in urban runoff typically is less than the total annual discharge of pollutants in treated sewage effluent from an equivalent area, studies have shown that the impact of han t the peak discharge of pollutants in storm water runoff can be greater the impact resulting from the continuous discharge of secondary treated sewage effluent (Bryan, 1970; Sartor, 1972; Mergert, 1972; Wells, 1973; McElroy, 7974; Colston, 1974). The nutrient balance computed for this study has shown the importance of surface runoff contributions of phosphorus in Bryant Lake. • The experiences of Minneapolis and other cities indicate that regular street sweeping is probably one of the most valuable approaches to improv- ing the quality of urban runoff (Sartor, 1972; Shapiro, 1973!-; Field, 1975; Megard, 1976). Although street sweeping only affects the quality of runoff from paved areas, it has a dramatic effect on the average quality of urban B1 iSOG INTRODUCTION The community of Eden Prairie is unique in the metro- politan area in its recognition of the need for, and the preservation of, a well used recreational facility that serves numerous families throughout the region even as it enhances the image of Eden Prairie as a desirable place to live. In an age of increasing concern for recreational activities that are energy-conserving, quiet, non-disturbing and family-oriented, riding stands out as an excellent example of what can be done. Indeed, horsemanship is rapidly on the rise. According to Professor R. M. Jordan of the University of Minnesota, the number of recreational horses in Minnesota has tripled in the last 20 years, and ± now generates annual business of some $120 million for firms in the State of Minnesota. Estimates currently place the horse population in Minnesota at more than 200,000 animals. At the same time, horse ownership is not limited only to the wealthy. A recent national Gallup survey showed the following facts: 4% of the population currently owns a horse, while 17% have owned horses in the past. Those most interested in purchasing a horse are residents of middle sized cities, individuals in professional and business occupations, members of the $10,000 to $20,000 1, income category, and individuals with a college education. /91 s :! -2- It is a sport that demands some room, however, and today that room is rapidly being encroached upon by urban sprawl throughout the Twin Cities area.. That is precisely • • why each year Eden Prairie Stables will become a more • valuable asset to all the people of the entire region, as well as to the citizens of the local community. As the many small hobby farms now in the area are turned into residential communities, increasing numbers of people will have to look elsewhere to stable and ride their horses. Not all will be able to afford the time and money to move their horses farther and farther into rural areas. We hope they will '. be able instead to look to Eden Prairie Stables as a convenient and safe location where they can participate in a most humane and worthwhile hobby ...id sport. The question has now been raised, "Should Eden Prairie plan on continuing to have a privately run horse operation in the regional park?" We believe the answer should be in the affirmative, for a number of reasons. In the pages St that follow, we would like to present information about {' } past efforts and future plans for Eden Prairie Stables. +; We hope that when you have read them you will agree that this facility provides the kinds of benefits to the residents of the city and region that are in keeping with your overall goals and efforts to serve all groups of citizens, including 3; horse riders. 1507 -3— WHAT IS EDEN PRAIRIE STABLES? Eden Prairie Stables is in reality a multi—use recreational facility. It provides a place for a number of horse owners from Eden Prairie and the entire region to board, train and ride their pets. It provides instruction in pleasure and competitive show riding for men, women and children of all ages, with special benefits in the form of reduced instructional rates for citizens of Eden Prairie. a, It provides a place where individuals who have completed a course of instruction and shown themselves to be safe, .f, capable and competent riders may rent a horse for a quiet trail ride. It provides training facilities for pleasure horses used for both show and general pleasure riding. It employes individuals with extensive knowledge and experience in the fields of horse management, training and riding !'. instruction. It maintains high standards of quality in terms of instruction, safety and equine health management. It is, above all, a place where whole families gather to participate in a sport and hobby that teaches self—confidence and responsibility, where children learn the thrill of competition, and where parents can watch their sons and daughters grow in skill and maturity through contact with animals that arc big, powerful, beautiful and loving. j}} /509 , -4- 1 WHY EDEN PRAIRIE STABLES SHOULD REMAIN A PRIVATE OPERATION We believe there are both practical and theoretical reasons why Eden Prairie Stables should remain a privately operated facility. First, and most important, it makes good business sense for the citizens of Eden Prairie. As a rent paying private operation, Eden Prairie Stables guarantees the city a substantial income which can be used both for improvements of the stable itself and for upgrading of other park facilities. And it pays this money to the city whether •i or not the stable itself returns a profit to the operators. d Moreover, the city receives this income without any investment ; on its part for such expenses as personnel salaries, workman's compensati general insurance, social security taxes, materials, feed, etc. And, as a private operation, Eden is Prairie Stables provides employment for tax-paying residents of the community, rather than adding new workers to the public payroll. '" To those who question the operation of a private firm on publicly owned property, we point to the many professional sports organizations - Twins, Vikings, Kicks, North Stars - that currently use facilities that have been bought and paid for with public funds, and who will probably soon receive a t totally new and possibly domed stadium. ;• There is also the qu':stion of the propriety of the city itself going into competition with private enterprise. While b i • 1 KW 1 —s— the question may well be, "Should there or should there not be a stable?", we do not believe the question is one of, "Should the stable be privately or publicly operated?" WHY EDEN PRAIRIE STABLES SHOULD REMAIN AN EDUCATIONAL, TRAINING: AND BOARDING FACILITY • The question has been raised as to why area residents cannot simply rent a horse for trail riding through the park • area. We do not believe this would be an appropriate use of these facilities because such an operation would necessarily have to be carried out on a very large scale to make it • economically practical. This would create several problems. First, it would increase the horse population at Eden Prairie Stables significantly, resulting in overcrowding. Second, it would mean potential danger for other people in the park, cause by the typical inexperienced and untrained rider who patronizes trail riding facilities. Those riders • who now use the park, both from Eden Prairie Stables and from other facilities in the area, are thoroughly trained horse owners or riders who know how to control their animals, and so pose little danger. Third, it would result in a very substantial increase in the number of horses and riders • in the park at any one time, which would probably not be compatible with other activities. In addition, in its present mode of operation, Eden Prairie Stables serves as a resource for the Suburban /5_ll -6- Hennepin County Area Vocational Technical Centers, and participates in an internship and permanent placement program with the centers. James A. Rossbach, Off Campus Administrator, has noted in a letter, that "because of the close proximity of the Eden Prairie Stables to our training program, we hope to continue the excellent relationship we have had with the stables and continue to use them as resources for our training programs. The assistance of iil close at hand training resources such as this cannot be really put into words or measured in dollars and cents ... we thank you for your cooperation in this effort. We hope that this type of cooperation will continue and that the f' horse inductry will prosper and grow in Hennepin County." EDEN PRAIRIE STABLES' COMMITMENT TO SUCCESS During the period since the initial lease was signed y' with the City of Eden Prairie, the operators of Eden Prairie Stables have undertaken a number of improvements. These include: 1) A new base in the riding arena. When Eden Prairie Stables commenced operation the base in the riding arena was ;i, compacted to such a degree it was unsuitable for use. Currently it is in excellent condition. 2) A new, enlarged tack room for storage of riding equipment and as a lounge area for patrons when they are not , riding. y. -7- 3) New lighting in the arena. Eden Prairie Stables has installed vapor lights in the arena to make it more suitable for use during evening hours. Previously, the lighting in the arena made it unsuitable for night use. 4) Additional stalls have been constructed, and • improvements made to existing stalls. 5) Screens have been installed throughout the arena and stable to improve sanitation. 6) Ventilation systems have been installed in both the stall area and the riding arena itself. 7) Bug killers have been installed in the stall areas. 8) Substantial maintenance efforts have gone into the antiquated water system in order to simply keep it operational. 9) Trim on the house has been painted, and substantial clean-up carried out through the entire area. 10) Finally, Eden Prairie Stables has recently expanded t its staff by hiring a. college-trained professional trainer and stable manager who will be undertaking a program designed to increase the number of students at the facility. A resume is included as part of this presentation. I.ONC TERM PLANNING FOR EDEN PRAIRIE STABLES • It has been noted in the memorandum from Bob Lambert, Director of Community Services, that "the present lessees have done a considerable amount of repair and upkeep on the 613 -8- 1) facility. However, the site is in dire need of extensive grading if we are to recommend continued operation." We agree. In addition, a number of other relatively expensive • improvements, including more stalls, new fencing, improved toilet facilities, new outdoor rings, a hardtop parking area, etc., must be undertaken if the facility is to continue to be a viable economic enterprise. Questions have also been raised about possible pollution to Bryant Lake caused by Eden Prairie Stables. However, a 1977 report by Barr Engineering Company, titled "An Improvement Plan for Bryant Lake for the City of Eden Prairie and the Nine Mile Creek Watershed District", has stated that control of pollution from the stables can be easily carried out, primarily through a program of regularly removing manure from the premises. To date, we have not seriously considered undertaking the many improvements needed for the simple reason that the length of lease period is far too short to assure that an economic return can be made on our investment. No reasonable businessman can be expected to make a substantial investment without a realistic expectation of recouping that outlay over a period of years. However, if Eden Prairie Stables is now provided with a long term lease of at least ten years, we are prepared to work with the city cooperatively to make the facility even more valuable to all residents of the -me4 community. , I61'l -9- In view of the amount of money that has been paid in the past and will be paid in the future, directly to the city, for the use of this facility, we•would suggest the appropriateness of some re-investment by the city to make Eden Prairie Stables even better than it is today. We hope you share our belief that Eden Prairie Stables provides a unique asset to the entire community, and can serve as a useful resource to make life more pleasant for many citizens. Finally, attached is a copy of a report from the Minnesota Morse Council regarding its stable certification program. It is the intention of Eden Prairie Stables to participate in the program, based on the implementation of the improveh,,ots proposed to the City of Eden Prairie. • PROPOSAL Based on the experience gained by Eden Prairie Stables during the past three years of operation, and in view of the fact that the stable is currently operating at capacity in spite of the lack of essential facilities, we believe the following improvements are necessary in order to provide the citizens of the region with a quality facility and to enable continued operation as a viable economic enterprise providing expanded recreation services to the city. 1) Construction of a 34' x 200' addition to the . existing arena facility to house: (. ) a. Toilets (men and women) b. Classroom/Clubroom c. Equipment and feed storage d. Stalling e. Not water heater V 2) Grading of site for improved utility and runoff control. 3) Construction of a 85' x 200' outdoor ring. 4) Miscellaneous fencing. 5) Oil or gas-fired furnace for house. 6) Additional living quarters above the tie stall barn. We believe these improvements can be carried out by the city and financed at a cost of approximately $52,000, to be provided in the following manner: $ 9,000 Estimated funds remaining from Eden Prairie Stable's past annual payments of approximately $15,000 during the past three years. 43,000 Municipal Industrial Development Bond to be issued by the City of Eden Prairie and retired at $500 per month over a ten year period. Based on the completion of the recommended improvements, • the operators of Eden Prairie Stables would pay a monthly fee of $700 per month, a 75% increase over current payments. Over a ten year period, in addition to retiring the Development Bond, a $700 per month rental would provide the City with some $34,000 prurit which could then be re-invested in further improvements to the facility. $ 700/month for 10 years -- $500 for debt service -- $60,000 ($43,000 principal) ($17,000 interest) $200 for profit --- $34,200 • ($24,000 principal) ($10,200 interest) BENEFITS OF THIS PROPOSAL TO EVEN PRAIRIE 1) Expanded Public Recreation. Any Eden Prairie resident can ride at Eden Prairie Stables following a well thought out and prudent policy that calls for • learning to ride first, so that the rider can not only enjoy a ride, but do it safely as regards both the rider and other park users. 2) High Quality Service and Instruction. The current contractors are the best qualified stable operators in the metropolitan area. The record of the past three years speaks for itself. If the long term contract that has been proposed is approved, this current level of service can be assured. 3) No Risk. The operators of the facility assume the responsibility for insurance, liability, and operating costs and problems. There are no headaches for the city. 4) Support for Private Enterprise. Contracting out concessions is the best arrangement for government, and represents a statement of support for private enterprise, the cornerstone of the American way of life. 5) Secure Income. The operators pay rent each month by cashier's check from the West Saint Paul Bank. ' P 151 111 r A�3y� l xn yo il F f 2.1 r i# 3 ;e is e Fi F t: .R Wt. A,,1 o i iii i sf i s Ni Sr, V m lc .+orN r ; ^� r ► a 1 VICKI LIFE McCRACKIN COLLEGE Box 42 HOME 412 East Eighth ADDRESS WilliamADDRESS Fulton, MO 65251 Woods College Fulton, MO 65251 (314) 642-3242 PERSONAL Hgh 5' -51 10 Marital Status: Single DATA Height: 5' 10" Social Security: 490-62-540O Weight: 140 lbs. Available: 6-15-78 EDUCATION WILLIAM WOODS COLLEGE, Fulton, Missouri DEGREE: Bachelor of Science, May, 1978 MAJOR: Equestrian Science MINORS: Business Administration and Psychology GPA: 3.7 on a 4.0 scale (Through grants, work, scholarships have paid for 100% of college education • Related Course Work: Accounting I & II 6 hours Advertising 3 hours Business Management 3 hours Introduction to Business 3 hours Psychology 3 hours • Group Process 3 hours Psychology Independent Study 5 hours (State Mental Institution) 3 hours Psychopathology hours ` Theories of Counseling 3 CAREER TO SECURE AN ENTRY-LEVEL POSITION IN A COMPANY TRAINING PROGRAM DEALING , • OBJECTIVE ULTIMATELYEBE ASSOUGH IGNEDMERIT AND JOB RESPONSIBILITIESFOINMANCE MANAGEMENT WISH TO , WORK William Woods College, Fulton, MO (1976-77) - HISTORY College Work/Study Program. Managed student workers at college barn. 20 hours per week during academic year. William Woods College, Fulton, MO (1975-76) College Work/Study Program. Receptionist and typist in College Financial Aid Office. • Horseman's Park, San Diego, CA P/ Weekday manager for public stable. g ' i. Cy f^�'�'t t•i a .. : • Sears Roebuck L Co., Oak Harbor, WA I. l Switchboard and catalog sales. Js,,t — . ( '''s, COLLEGE Dean's List, all semesters. + HONORS/ Alpha Chi, national honorary scholastic society.ACTIVITIES Alpha Iota, honorary business society. , I . �F Outstanding Junior Nominee, 1977. �"P Outstanding Willie (day student). 1975. Paddock Club, Chair c.'^mittees for horse shows and College Work/Study Program. • Volunteer Worker, Missouri State Mental Hospital. I Recipient of Presidential Scholarship, 2 years. PERSONAL Riding and showing horses. Music, reading, campin , N INTERESTS - REFERENCES On•file with William Woods College Placement Off icy • /SaU t • MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Di rector of Community Services FROM: Stuart A. Fox SUBJECT: Relocation Assistance for Harvey Bren The "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" requires relocation assistance to persons displaced by acquisition of real property in federal or federally assisted programs. Relocation assistance covers: 1. Actual expenses in moving. 2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, or displaced person may receive a moving expense allowance not to exceed $300 and dislocation allowance of $200. In addition, additional payment not to exceed $15,000 to any displaced person may be made for. I. The difference between the acquisition payment for a dwelling, and the actual reasonable cost which a displaced homeowner must pay for a comparable dwelling. 2. Reimbursement for any increased interest costs which the person is required to pay for financing the acquisition of a comparable replacement dwelling. 3. Reimbursement for expenses for evidence of title, recording fees and other closing costs incident to the purchase of the replace- went dwelling, but not for prepaid expenses. In the case of Harvey Bren, Diane Luce, Relocation Consultant, and I have determined that Mr. Bren is eligible for a replacement housing payment of $10,233. (see appendix 12, page 3, block E) In addition he is eligible for a $202.79 incidental expense for money spent in connection with the purchase of his replacement dwelling. Since Mr. Bren will be moving himself he has opted to take the fixed moving payment of $500 for which he is eligible. The total relocation costs for Harvey Bren are $10,935.79. These costs for relocation arc covered by the Regional Park Development Grant which we have received from the Metro Council. SAF:md /5Rl • RELOCATION HANDBOOK r' • 1371.1 REV • APPENDIX 12 • .• • t LOCNI.cOMPO,ATtDrt De 0 Ti COMPONENT 1.Goo,eewo.o.do..ns t a6,xno • DOSS Colas.,tot to.dnam mooed,Ned to den,mN tent d ta.b.tll.mtwq F....ONm MSNCLt(d Mod•,n,rmSMJN•Mmf//t•b.n Me on.000nu•tlnM,m,7 et ie O1 QO ww now O fewe 0 Duw rt+a4W e w,RNd a ond•..pay of l,eoNwldweeN t 38,833 • 3.LtM1r Lk.2.Nn.tbn,NW $38,833 4.nlnel D Or rynp lm d.m•n.....,•.Mlw, f 28.600 • I.Amount olda.001,r poem...mnm ,,IL..t.1min,Lao41 t 10,233 (If amount en Le...nnd,.mlwem L.r Lean.me/ BLOCK P.COMPUTATION OF Oa FALSE PAYMENT COMPONENT NOTE:TMIMlem•Elo.mot Na I•nd,t•1InnN Itt Nee led a,NOW.ntb...m.rmlWbr.e a/.Mon PrI•nentMAaend.N.II the FENNY "NINE 0y lancet wee on tn..•/NV mull b.tlueoo d Im mil tonon ro Ounl.rn,n Pon•np Amami Intent Dtll Senna IMM Samos,Man,p ToNM Mm,L.,. 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T.48.4nmo wrung en L.*SOhorn mono en LM b ONO Dl ammo.1Jn Lc 1C4My o 1lelmd Oral... t.IAmyE NNewm en lone 7 b Nn.m e0 tom 7 S.Ammo NNW..Etna 7 el Column Idl t q 10.Annul/gem/I.em em..nN.m of.n,..N,aobomm ea McbteN4..•N.p•l,on Mom,d.•N.l, Ova o(•nn Porto/1..n•dN Arerol t # II.Y.W wanl.Iwn.Moil...".leo,.NNnm.(S•m N L.nt.l.wlrol t NONE IW.1r..tewenw en Nn epl • Page 3 2/75 • . 15 • • • • MEMORANDUM • TO: Mayor and City Council FROM: Jim Jensen, Park PlannerVA THRU: Roger K. Ulstad, City Manager DATE: May 30, 1978 RE: Tennis Courts at Forest Hills Elementary School/Park The following bids were received for construction of 2 tennis courts at Forest Hills: Bituminous Roadways $13,025.00 Black Top Service Co. 13,327.50 Carlson Lavine, Inc. 14,461.96 Henry 0. Mikkelson Co. 14,475.00 • Tennis West 15,154.00 Warren's Excavating, Inc. 16,482.00 Daily G Sons Blacktopping, Inc. 16,592.00 The staff recommdends that the Council award the bid to Bituminous Roadways at $13,025.00. JJ:md • 623 WMORANDUM • TO: Mayor and City Council • THRU: Roger K. Ulstad, City Manager • FROM: Bob Lambert, Director of Community Services 41-- • SUBJECT: Tennis Court Grants for Prairie View and Round Lake Park DATE: June 1, 1978 The City of Eden Prairie has just received notification that our application for F.Y. 1978 Outdoor Athletic Court Development Grant fees is being funded with $11,100 for construction of two tennis courts at Prairie View Park and $16,230 for construction of two lighted tennis courts at Round Lake Park. This State grant of S0% of the total cost of development is from funds provided by session laws 1977, Chapter 421, Section 2, of Division 4. Earlier this year the City received approval for $11,100 for constructian_nf two tennis courts at Forest Hills School. Construction of those courts is now in progress. Thy ^riginal grant application for Round Lake was for four lighted tennis courts. `e decided not to fund more than two courts per site; therefore they reguc't in half. I would not recommend lighting the courts at this but would i..efer to use our limited matcning funds to match grants for facilities. When we develop Round Lake Park with the LAWCON Grant, we ..00uld consider lighting all six courts if we have sufficient funds remaining after grading and seeding. • The staff would recommend approval of these two grants and proceeding in the same manner as the Forest Hills Tennis Court Grant. The City grades and prepares the site, purchases the base material, brings the base material to the site, and contracts for the remaining court construction. This allows the City to contribute approximately $7,000 of in-kind services of the total $22,000 construction costs. The grant is for 50% or approximately $11,000 leaving approximately $4,000 of hard money that the City would have to pay toward the construction of the courts. The staff would recommend that the City finance their portion of the tennis court construction at Prairie View School and Forest Hills School from either the CASH PARK FEE or from funds received through rental'inLome from homes in parks etc. The City's matching funds for the Round Lake Park tennis courts should come from the LAWCON Grant and the Park Bond Referendum money. If the grants are approved, the staff will prepare plans and specifications for court construction and send out for bids by the first of July and should receive bids by mid-August. Construction should be completed in the fall of 1978 so the courts are ready for use in the spring of 1979. We will not be able to approve the Round lake tennis court project using LAWCON funds and matching funds until the LAWCON (:rant for development of Round Lake Park has been reviewed and approved by BOR: The State Planning Agency believes we should have approval from BUR by late August. The City presently has four tennis courts available for public use. If the Council approves these tennis court grants by the spring of 1979 we would have 10 tennis courts in our City parks. � �