HomeMy WebLinkAboutCity Council - 07/05/1978 JOHN FRANE
EDEN PRAIRIE CITY COUNCIL •
WEDNESDAY, JULY 5, 1978 7:30 PM, 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; Engineer Carl Jullie;
and Joyce Provo, Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. CONSENT CALENDAR •
A. Payment of Claims Nos. 10639 - 10784 Page 1602
B. Clerk's License List Page 1605
C. Set Public Hearing for Creekside Heights, Hustad Development Page 1606
Corporation, for August 1, 1978
D. Final plat a roval for Crosstown industrial Park 1st Page 1607
Addition Resolution No. -
E. Final plat approval for Crosstown Industrial Park 2nd Page 1608
Addition (Resolution No. 78-122)
F. Right-of_wa acquisition on Valley View Road (Resolution Page 16I1
7 No. 123)�
III. MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD MONDAY, JUNE 12, 1978 Page 1612
IV. PUBLIC HEARINGS
A. Prairie East 7th, request by Hustad Development Corporation, Pages 882,
to rezone from Rural to RM 6.5 and preliminary plat 1215, 1346
approval Resolution No. 78-106 and Ordinance No. 78-31) and 1548
Continued Public Hearing from June 20, 1978
B. Darkenwald Duplexes, rezoning from Rural to R1-13.5 and RM Pages 1388
6.5 for 2 existing single family and 52 duplex lots, and and 1618
• preliminaryjlat approval --(Resolution No. 78-1D2 and Drdinance
No. 78--301 Continued Public Hearing from June 20, 1978
C. Lake Trail [states, request by Mr. Swenson and Mr. Schwartz, Page 1619
to rezone from Rural & R1-22 to R1-13.5, RM 6.5 and Public,
and preliminary plat approval of approximately 27 acres for
3 duplex lots, 43 single family and 1 church. Located north
of TH 5 and West of the Prairie Village Mall. (Ordinance
No. 78-33 and Resolution No. 78-116)
,e.
Council Agenda - 2 - Wednesday, July 5, 1978
IV. PUBLIC HEARINGS (continued)
1642 a
D. Amsden Hills IV, The Preserve, request to rezone from Rural Page
to RM 6.5 for 10 duplex lots on 5 acres and preliminary
plat approval. Site is located in southeast corner of
Anderson Lakes Parkway and Franlo Road. (Ordinance
No. 78-34 and Resolution No. 78-117)
E. Norman Addition by Norman Clark & Dirlam Properties. Request Page 1651
for rezoning from Rural to R1-13.5 and preliminary plat
approval of 6.5 acres into 13 lots. The site is located
at 18061 Duck Lake Trail. (Ordinance No. 78-35 and
Resolution No. 78-118)
V. REPORTS OF ADVISORY COMMISSIONS
VI. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 78-36, establishing the Flying Page 1670
Cloud Airport Commission
8. 2nd Reading of Ordinance No. 78-23, Prairie East 8th and Page 1673
9th by Hustad Development Corporation, rezoning from Rural
to RM 6.5 and developers agreement
VII. REPORTS OF OFFICERS, 80ARDS & COMMISSIONS
A. Repo, of Council Members
I. Appointment of one member fo the Planning Commission to
fill an unexpired term to 2/28/80
B. Report of City Manager
1. Amendment to Super Valu's PUD Resolution No. 78-51
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C. Report of City Attorney
D. Report of City Engineer
1. Report on Lotus View Drive right-of-way acquisition Page 1676
2. Chanhassen DL-1 Sewer Service Agreement Page 1679
3. Street vacation request on Lakeland Terrace (Resolution Page 1685
No. 78-124)
VIII. NEW 8USINESS
1
IX. ADJOURNMENT.
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July 3, 1978
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
06-15-78 10639 JOHN FRANE Expenses 30.00
10640 LEDING DISTRIBUTING CO. Beer 2,080.35
10641 ROUILLARD BEVERAGE CO. Beer 872.98
10642 DAY DISTRIBUTING CO. Beer 2,047.20
10643 BEER WHOLESALERS, INC. Beer 3,089.40
10644 THORPE DISTRIBUTING CO. Beer 2,377.05
10645 PEPSI-COLA CO. Pop for Liquor store 99.40
10646 COCA-COLA CO. Pop for Liquor store 225.10
10647 GOLD MEDAL BEVERAGE CO. Pop for Liquor store 43.65
10648 ED PHILLIPS & SONS Liquor 1,265.88
10649 GRIGGS, COOPER & CO. Liquor 634.82
10650 INTERCONTINENTAL PACKAGING Wine 483.20
10651 MIDWEST WINE CO. Wine 310.20
10652 JOHNSON BROTHERS Liquor 944.80
10653 OLD PEORIA CO. Liquor 162.01
10654 QUALITY WINE CO. Wine 167.54
10655 PETTY CASH Reimbursement of fund 49.15
10656 NATIONAL CITY BANK Bond payment 39,597.44
10657 BEER WHOLESALERS, INC. Beer 720.00
10658 VOID CHECK
10659 DAVID AND HELEN HERZOG Easement-Eden View I 450.63
10660 JAMES AND LAVERNE CARDINAL Easement-Eden View I 35.50
10661 AMERICAN FORESTRY ASSOC. Book-Tree Disease 5.85
10662 AWARDS, INC. Plaque 27.75
10663 LYMAN ANTONSON Reimbursement for school expenses 17.25
10664 ACTION REDDY RENTS Equipment rental-Water dept. 13.00
10665 AUTO CENTRAL SUPPLY Equipment parts 76.13
10666 EARL ANDERSEN Street signs 936.00
10667 ALBINSON Supplies-Community Development dept. 20.17
10668 AKINS FIRE EQUIPMENT CO. Safety clothing-Fire dept. 258.73
10669 ERIC BENNETT Refund on karate class 10.00
10670 TRACY BINIEK Refund on gymnastics 18.50
10671 FRANKLIN D. BENSON Refund on overpayment of utility bill 8.09
1D672 BOUSTEAD ELECTRIC Equipment- Water dept. 74.10
10673 BITUMINOUS ROADWAYS, INC. Asphalt repair 226.00
10674 BLOOMINGTON CHRYSLER Equipment repair 39.95
10675 CITY OF EDINA Water samples 57.50
10676. CASTLE CHEMICAL CO. Copper sulfate-Beach 60.OD
10677 CLUTH & U-JOINT Equipment parts 125.07
10678 COPY EQUIPMENT, INC. Supplies-Engineering dept. 667.43
10679 MICHAEL DINHAtt Refund on horsemanship lessons 46.00
10680 DAVIES WATER EQUIPMENT CO. Supplies-Water dept. 123.80
10681 OALCO Cleaning supplies 119.46
10682 DORHOLT PRINTING Service 855.31
10683 ESS BROTHERS & SONS Supplies-Drainage control 80.00 ;i+
10684 FORESTRY SUPPLIERS, INC. Supplies-Tree Oisease 5.19
10685 JOHN FRANE June expenses 110.56
July 3, 1978
06-30-78 10686 STUART FOX Mileage-Tree Disease 46.05
10687 GLIDDEN PAIt1T Paint-Park Maint. 66.15
10680 G. L. CONTRACTING, INC. Repair water leak 611.22
10689 GRANT BATTERY SALES Batteries 200.83
10690 GENERAL COMMUNICATIONS Radio repair-Fire dept. 30.00
10691 GEORGE HANSEN CO. Audit services 2,05D.00
10692 HENNEPIN COUNTY CENTRAL SERV. Supplies-Engineering dept. 16.50
10693 ITASCA EQUIPMENT CO. Equipment parts 37.00
10694 INTERNATIONAL BUSINESS
MACHINES Office supplies 236.28
10695 JEAN JOHNSON June expenses-Planning dept. 21.20
10696 WALTER JOHNSON Reimbursement for school expenses 17.25
10697 HARLAN JACOBS Refund on karate lessons 10.00
10698 LYMAN LUMBER CO. Materials-Park Maint. 58.08
10699 LOCAL GOVERNMENT INFORMATION
SYSTEMS Service 1,254.88
" 10700 M. E. LANE CO. Insurance 1,477.00
10701 LEEF BROS., INC. Laundry service 112.80
10702 MINNESOTA VALLEY ELECTRIC Service 2.25
10703 ?IAYVIEW RADIO Repair services 244.15
10704 W. R. MCNAUGHTAN Services-Building dept. 128.00
10705 MINNESOTA PARK SUPERVISORS
ASSN. Dues for Wes Dunsmore 10.00
10706 MATT'S AUTO SERVICE Towing service 38.00
10707 MIDWEST ASPHALT Asphalt- Street Maint. 656.72
10708 MINNEGASCO Service 122.61
10709 METROPOLITAN ANItMAL PATROL May services 1,115.00 is
10710 NORTHERN STATES POWER Services-Information for Public 4.86
10711 NORTHERN STATES POWER Services 6,418.34
10712 NORTHWESTERN BELL Services 509.87 ."'
10713 KRISTI O'DEG Refund on volleyball 2.50
10714 PERBIX, HARVEY, SIMONS &
THORFINNSON Legal services 1,878.75
10715 J. C. PENNEYS Repair speedometers 30.00
10716 LINDA PETERSON Refund on tennis 9.00
10717 PITNEY BOWES Postage meter 7.39
10718 PETTY CASH Reimbursement of Public Safety fund 4.94 ``
10719 PRAIRIE LAWN & GARDEN Sharpen blades-Park Maint. 241.50
10720 ODEEN REKOSKE Refund on golf 18.00 ri
10721 REED'S SALES & SERVICE Supplies-Park Maint. 31.65
10722 ROOT-O-MATIC Sewer service 102.00
10723 JASON SEEBACHAN Refund on swimming 8.50
10724 TODD SHAW Refund on roller skating lessons 8.50 ``:
10725 HOLLY SHAW Refund on roller skating lessons 8.50
10726 SULLIVAN SEPTIC SERVICE Pump lift station-Water dept. 50.00
10727 TIM SUFLEY Refund on karate lessons 9.00
10728 VOID CHECK 3
10729 SATELLITE INDUSTRIES Portable restrooms-Parks 1,131.50
10730 LOWELL THONE Tuition for school 17.25 :-!
10731 JAYLENE TRONSTAD Refund on roller skating lessons 8.50 i
10732 VOID CHECK
10733 JILL TRONSTAD Refund on roller skating lessons 8.50 ,
10734 TEM-TEE ICE CREAM Ice cream for concessions 113.34
10735 ROGER ULSTAD July expenses 100.00 'a
July 3, 1978
06-30-78 10736 UNION OIL Oil 105.82
10737 DICK VOSMEK Refund on volleyball 3.00
10738 VAN WATERS & ROGERS Cooper sulfate-Beach 152.40
10739 VALLEY EQUIPMENT CO. Equipment rental-Community Development
Project 10,212.43
10740 WM. A. WEISMAN CO. Popcorn for concessions 182.35
10741 XEROX CORPORATION Service 712.77
10742 ZIEGLER Equipment rental-Community Development
Project 3,950.00
06-23-78 10743 EAGLE DISTRIBUTING Wine 318.11
• 10744 JOHNSON WINE CO. Liquor 631.41
10745 TWIN CITY WINE CO. Wine 208.33
10747 ED PHILLIPS CO. Liquor 1,852.59
10748 GRIGGS, COOPER & CO. Liquor 823.43
10748 CASH Tickets for Teen Work program 37.50
06-27-7B 10749 SUBURBAN NATIONAL BANK Bonds deducted for June 431.25
10750 PUBLIC EMPLOYEES RETIREMENT Employees deducted and employer
ASSN. contribution 6-23 payroll 5,844.22
10751 MINNESOTA STATE TREASURER Fire arm safety certificate 2.00
10752 STATE OF MINNESOTA Taxes withheld in June 7,004.22
10753 FEDERAL RESERVE BANK Taxes withheld payroll of 6-23 7,891.48
10754 UNITED WAY Donations withheld 6-23 payroll 27.12
10755 STATE OF MINNESOTA Auto title 2.00
06-30-78 10756 LORI WILDERMUTH Mileage-Community services dept. 29.40 `'.
10757 LEONARD SWEDLUND Tree subsidy 288.00
1075E ARrrJa JENSEN, TREASURER '
OF MCFOA Dues-8ecki Quernemoen 10.00 !k'
10759 MARY BARTLETT Refund on picnic 50.00
' 10760 ADVERTISER Employment ad-Street Maint. 9.00
10761 CARL JULLIE June expenses 112.12 ;j'
10762 MINNEAPOLIS STAR Employment ad-Engineering dept. 40.80
10763 KEVIN JOHNSON Mileage-Assessing dept. 29.25
10764 HOWARD NEEDLES TAMFIEN &
BERGENDOFF Services- 1,792.84
10765 ROBERT LAMBERT May and June expenses 206.00
10766 INTERNATIONAL CITY MANAGEMENT Dues-Roger Ulstad 30.00
10767 I.U.O.E. LOCAL 49 Union dues withheld for June 220.00
10768 JACK HACKING Expenses 54.54 1.
10769 INSTRUMENTATION SERVICES Repair radar-Public Safety dept. 64.00
10770 MEDICAL OXYGEN Oxygen-Fire dept. 64.55
10771 ROGER DANIELSKI Meeting expenses 17.00
10772 ALTECH Repair service-Public Safety dept. 70.00
10773 VOID CHECK
10774 VERNON STEPPE State fire school expenses 43.75
10775 CHRIS ENGER June expenses 103.79 ;l'.
10776 GERRY CONSTRUCTION Refund of overpayment on permit 125.00
10777 STUART FOX June mileage-Tree Disease dept. 34.65
10778 THOMAS BIGELBACH Mileage-Tree Oisease dept. 75.36
10779 SUPER AMERICA Gasoline 7.75 4.
10780 ROBERTS DRUG Supplies-Public Safety dept. 5.01
10781 VOID CHECK
10782 PETTY CASH Reimbursement of fund-Public Safety 1.50
10783 LORI WILDERMUTH Playground petty cash change 30.00
10784 MINNESOTA CITY MANAGERS ASSN. Dues for Roger Ulstad 15.00
10784 RICHARD W. ANDERSON Right of way purchase 37,452.54
TOTAL
"e 160,328.78
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CITY OF EDEN PRAIRIE
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CLERK'S LICENSE APPLICATION LIST
July 5, 1978
CONTRACTOR (Multi-family & Comm.) PRIVATE KENNEL LICENSE
C. O. Field Co. Dennis & Judith Peterson
Sid King Construction Co., Inc.
Loeffel-Engstand Company FOOD ESTABLISHMENT - Type A
Sears, Roebuck and Co. •
Volp Construction Co. Winchell's Donut House
CONTRACTOR (1 & 2 Family) FOOD ESTABLISHMENT LICENSE
Custom Pools, Inc. Anytime
Flaherty Development, Inc.
Gerry Construction, Inc. SOLICITOR'S LICENSE
Gorco Construction
Home-Kraft, Inc. Carolyn P. Hallinan
H. A. Kloss & Son, Inc. Steven O. Lane (Anytime)
C. H. Ostrom & Son, Inc.
PLUMBING
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Klemm Mechanical Contractor, Inc.
Leo's Plumbing
McGuire Plumbing & Heating
Nordic Services, Inc. jl
HEATING & VENTILATING
Grant's Mechanical, Inc.
GAS FITTERS
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Nordic Services, Inc.
CIGARETTES & TOBACCO
Osty's Vending
These licenses have been approved by the department head responsible
for the licensed activity.
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Rebecca Quernemoen, Deputy Clerk
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May 31, 1978
TO: Becki Quernemoen
FROM: CSO Mike Bosacker
SUBJECT: Private Kennel License Investigation - Dennis and Judith Peterson
Dennis and Judith Peterson reside at 7041 Alpine Trail. The dwelling is a
private home in a residential area. According to the City Assessor's office,
the Peterson's lot is slightly under 1-acre. The back yard is fully enclosed
by a chain link fence where the two dogs the Petersons now own are kept.
According to the owner's application, the dogs are kept in the fence during the
day when they are not home and are brought inside at night.
I have looked at the yard and have found it clean and groomed. While standing
near the fence in the back yard of the Bren residence, 16330 North Hillcrest
Court, I heard no barking nor did the dogs approach the fence where I was.
Upon questioning neighbors of the Petersons, I found nothing but good comments
on their care of the dogs and the fact that they are always kept inside the
fence.
The neighbors' comments are as follows:
"The dogs are always in the fence. Our dog barks more than Petersons' do."
"They take good care of their dogs (no complaints). "They are always in the
fence." "I wish everyone kept their dogs fenced." "He (Mr. Peterson) tol,;
me that they were going to get a show dog." "He (Mr. Peterson) takes pretty
good care of his dogs."
Besides not liking the thought of another dog in the area, she has no complaints.
She stated that the dogs are well behaved and that her children go to the
fence and talk to them. She stated, "I knew they were getting another dog
for show." She said that the dogs are out between 10AM and 9PH and seldom bark.
She also said that the yard was kept clean.
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"No complaints. The dogs are always in the fence unlike some dogs around here."
He knew of no complaints from his parents. He stated, "The dogs are very quiet.
One can't bark, the other one barks sometimes in the morning around LOAM."
"Dennis takes very good care of his animals; I would have no objections to
another dog."
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If you have any questions in regards to this investigation, please feel free to
contact me.
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-JUN 11978
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May 30, 1978
Mayor and Members of theEden Prairie City Council
Eden Prairie City Offices
8950 Eden Prairie Road
cis Eden Prairie, Mn. 55344
r1/t Re: Public Hearing for Creckside Heights
1 Dear Mayor and Council Members:
O
\, We rna=atfua y request you consider setting a public hearing for
18, 1978\tp review our request for rezoning and preliminary
('I1i plat approval for the Creekside Heights Addition.
The Planning Commission will hold a public hearing to consider the
project June 26, 1978. Timing is critical because we hope to enter
the project in the Modest Cost Housing Design Competition sponsored
by the Metropolitan Council. That competition requires completion of •
the homes by August 15th.
Thank you for your consideration.
Respe /
Richard A. Putnam
RAP/er
12750 PIONEER TRAIL,EDEN PRAIRIE,MINNESOTA 55343(612)941-4383
July 5, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
• RESOLUTION NO. 78-121
A RESOLUTION APPROVING FINAL PLAT
OF CROSSTOWN INDUSTRIAL PARK
WHEREAS, the plat of Crosstown Industrial Park has been submitted
in the manner required for platting land under the Eden Prairie Ordinance
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have
been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan
and the regulations and requirements of the laws of the State of Minnesota and
ordinances of the City of Eden Prairie. •
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
A. Plat Approval Request for Crosstown Industrial Park is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated June 29, 1978.
B. Variance is herein granted from City Ordinance No. 93, Sec. 8,
Aubd. 1 waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final
plat as described in said Engineer's Report.
C. That the City Clerk is hereby directed to file a certified copy
of this Resolution in the office of the Register of Deed and/or
Registrar of Titles for their use as required by MSA 462.358, Subd. 3.
D. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above
named plat.
E. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon
compliance with the foregoing provisions.'
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ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
July 5, 1978
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CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: June 29, 1978
SUBJECT: Crosstown Industrial Park
PROPOSAL: The developer, Mr. Carderelle, is requesting City Council approval
of the final plat of Crosstown Industrial Park. This is a 12 acre plat
consisting of 3 lots (1-2 Park).
HISTORY: The preliminary plat was approved on October 10, 1977, per Resolu-
tion #77-129.
Zoning to 1-2 Park was finally read and approved by the City Council on
March 21, 1978, per Ordinance No. 77-34.
The final plat now submitted for approval conforms with the approved
preliminary plat.
VARIANCES: A variance from Ordinance No. 93, Sec. 8, Subd. 1, waiving the
six month maximum time elapse between the approval date of the prelimi-
nary plat and the filing of the final plat, will be necessary. The
developer has proceeded with the plat in an efficient manner, therefore
this variance request should be allowed.
No setback variances will be allowed for this plat.'
UTILITIES AND STREETS: The City Council has received a 100% petition from
the developer requesting City installation of streets and utilities on
June 20, 1978, and ordered these improvements through Improvement
Contract 51-329.
Additional easements may be required along some property lines to enable
installation of utilities. These locations will be known when utility
plans have been completed.
PARK DEDICATION: A cash contribution in lieu of land will be paid prior to
issuance of each building permit. This amount will be in conformance
with the requirements of Ordinance No. 332.
BONDING: No bonding will be required. A cash deposit to cover the first
year maintenance and installation costs of street lighting and the in-
stallation of street signs will be required.
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RECOMMENDATION: Recommend approval of the final plat of Crosstown Industrial
Park, subject to the requirements of this report and the following:
1. Receipt of cash deposit for street lighting
in the amount of $152.
• 2. Receipt of cash deposit for street signs.
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July 5, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-122
A RESOLUTION APPROVING FINAL PLAT
OF CROSSTOWN INDUSTRIAL PARK 2nd ADD.
WHEREAS, the plat of Crosstown Industrial Park 2nd Addition has
been submitted in a manner required for platting land under the Eden Prairie
Ordinance Code and under Chapter 462 of the Minnesota Statutes and all pro •
-
ceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan
and the regulations and requirements of the laws of the State of Minnesota
and ordinances of the City of Eden Praire.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
•
A. Plat Approval Request for Crosstown Industrial Park 2nd Addition
is approved upon compliance with the recommendation of the City
Engineer's Report on this plat dated June 28, 1978.
8. That the City Clerk is hereby directed to file a certified copy
of this Resolution in the Office of the Register of Deeds and/or
Registrar of Titles for their use as required by MSA 462.558,
Subd. 3.
C. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above
named plat.
D. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon
compliance with the foregoing provisions.
ADOPTED by the City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
IiejOnry ,tw
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CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of the City Council .1
THROUGHT: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
OATE: June 28, I978
SUBJECT: Crosstown Industrial Park 2nd Addition
PROPOSAL: Mr. Richard Anderson is requesting final plat approval of Crosstown
Industrial Park 2nd Addition. This is a 28 acre addition consisting of
5 lots. Lots 1, 2 and 3, Block 1 have been zoned Office District and
Lots 4 and 5, Block 1 have been zoned I-2 Park.
HISTORY: The preliminary plat was approved on January 3, 1978, per Council
Resolution #78-01.
Zoning to Office Oistrict (Lots 1, 2 and 3, Block 1) and I-2 Park (Lots
4 and 5, Block 1) was finally read and approved by the City Council on
March [1, 1978, per Ordinance #78-01.
The final plat now submitted for review contains 5 lots compared to 6
lots receiving preliminary approval.
VARIANCES: No variances will be allowed for this plat.
UTILITIES AND STREETS: The City Council received a 100% petition from the
developer, requesting City installation of streets and utilities, on t
June 20, 1978, and ordered these improvements through Improvement Con-
tract 51-329.
Additional easements may be required along some property lines to enable
installation of utilities. These locations will be known when utility
plans have been completed.
PARK DEDICATION: A cash contribution in lieu of land will be paid prior to
issuance of each building permit. This amount will be in conformance
with the requirements of Ordinance No. 332.
BONDING: No bonding will be required. A cash deposit to cover the first
year maintenance and installation costs of street lighting and the
installation of street signs will be required.
JW/
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RECOMMENDATION: Recommend approval of the final plat of Crosstown Industrial •
Park 2nd Addition, subject to;the requirements of this report and the
following:
•
1. Receipt of cash deposit for street lighting in the amount of •
$152.
2. Receipt of sash deposit for street signs in the amount of $100. .
3. Receipt of Revised grading plan as required through Rezoning
Agreement dated March 21, 1978.
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July 5, 1978
CITY OF EDEN PRAIRIE
• HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-123
Appropriation of Municipal State-Aid
Funds for k/W Acquisition on Valley
View Road
WHEREAS, it has been deemed advisable and necessary for the
(City) of Eden Prairie to participate in the
cost of right-of-way acquisition along (C.S.A.H.) No. 39 (Valley View Rd.
at Washington Ave.)
WHEREAS, said acquisition has been approved by the Henn. Co.
Department of Highways,
NOW, THEREFORE, BE IT RESOLVED: That we do hereby appropriate
from our Municipal State-Aid Street Funds the sum of $37,452.54
collars to apply toward the purchase of said property per the purchase agree-
ment dated 12/21/77 and request the Commissioner of Highways to approve this
authorization.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penz- IDT-Mayor
ATTEST: SEAL
John. Frane, Clerk
. 40
Itt{1
UNAPPROVED MINUTES
SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING
MONDAY, JUNE 12, 1978 7:00 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
Roger Pauly; Planner Chris Enger; Director
of Community Services Bob Lambert; and Joyce
Provo, Recording Secretary
ROLL CALL: All Council members present.
I. 2nd Reading of Ordinance No. 78-14, rezoning 35 acres from Rural to Office for
Super Valu Stores, Inc., corporate headquarters and developers agreement
City Manager Ulstad explained after the Public Hearing for the Super Valu rezoning on
April 4, 1978, the Council directed Staff to draft a developers agreement.
At the Public Hearing the Council considered the proposed site by Super
Valu of 14D acres. City staff drafted the developers agreement as per Council
direction incorporating the recommendations of the Planning Commission, the
Parks, Recreation & Natural Resources Commission and Staff, and then submitted
the agreement to Super Valu. Super Valu, in reviewing it with the owner,didn't
have any problems with the developers agreement pertaining to the 80 acres,
but the application to the total 140 acres was not acceptable to the present
owner of the balance of the property because it wasn't fully decided by Super
Valu that they would be the ultimate owner. The Staff met with Super Valu to
work out the details of the developers agreement as submitted. The developers
agreement speaks to only the 80 acres rather than the 140 acres.
Director of Community Services Lambert distributed a map depicting what is
proposed for open space. (Attached as part of the minutes)
Ulstad further spoke to the request from Super Valu for a facility to obtain access
to the lake for their people to walk to the lake for the purpose of having lunch,
possibly sunbathing or swimming - not to include any docking facilities. Ulstad
explained this facility has been included in the developers agreement for Council
consideration.
Osterholt referred to the requirement in the developers agreement that boats
will be prohibited from being launched or permitted to dock at the Super Valu
facility, and asked if this met with agreement with Super Valu. Charles Dugan,
Vice President - Legal & Insurance, Super Valu, replied this would be satisfactory
with Super Valu.
Hayner Larson, 7011 Willow Creek Road, spoke in opposition to the dock as proposed
by Super Valu, and asked what pleasure a dock of this sort would give to the employees
of Super Valu that they could not have on the area of the property itself.
•
John Morrissey, Vice President - Distribution, Super Valu, explained the dock would
be more enjoyable if it were on the water than on dry land.
/6/2
Council Minutes - 2 - Mon.,June 12, 1978
I. 2nd Reading of Ordinance No. 78-14 (continued)
Osterholt questioned restricting the use of the dock facility to just
working hours. Morrissey replied it is not beyond belief that maybe once
a year Super Valu may want to have a picnic one day for a few hours and
it seems unreasonable at this time to place a restriction of this type on
this facility.
Mr. Dugan also responded that on Saturday or Sunday people come to the office
to work or may want to use the dock area for a picnic or lunch.
Dr. George Tangen, member of the Parks, Recreation & Natural Resources
Commission and a resident at 7032 Willow Creek Road, stated he did not realize
this 1600 foot dock was in the proposal until this evening and that it strikes
him as a large facility.
Tangen further explained the Parks, Recreation & Natural Resources Commission
is considering the Shoreland Management Act at this time and will be making
recommendations pertaining to same. He stated a facility of 1600 square feet
would not fall within the recommendations that will be presented to the Council
for construction on lakeshore within the City of Eden Prairie. It would not be
acceptable in his personal opinion and it would not be acceptable to the
neighborhood or people of Eden Prairie. The idea of having a small dock facility
does not strike Dr. Tangen as being as bad, but a 1600 square foot facility is a large
structure to build on a lake. Tangen reiterated the fact he was opposed to the dockinc
facility as a resident, and when it returns to the Parks, Recreation & Natural
Resources Commission they would not look on it favorably.
Don Sorensen, 7121 Willow Creek Road, spoke in opposition to the 1600 square
foot dock and does not see the need for a docking facility to address itself
to sunning, picnicing or fishing. He finds it hard to believe with a public
park and then this docking facility that it would be possible to enforce people
from coming down to the dock at any time. Mr. Sorensen sees this as an inviting
facility that people are going to see and want to use. For the limited purpose
that Super Valu will use the docking facility, it should and can be used on land
itself. Negative to this situation because it can only be trouble in the future
and cannot accomplish any meaningful purpose.
Mr. Morrissey explained when Super Valu met with a citizens group at Ellerbe
it was asked if Super Valu would be agreeable to no docking, and Super Valu
agreed and questioned if the citizens would be opposed to a small dock. Mr. Morrissey
stated the citizens at that time could not see anything wrong with a small dock.
Gail Roettger, 6881 Beach Road, commented that the area down by Super Valu is not
that large and it is used for a turn-around. If a large dock is extended out
in the lake, it would be a real hazard.
Mrs. Brill, 7041 Willow Creek Road, stated if a dock is constructed what says people
cannot put a boat down and launch it and who is going to police the area. Further
when Super Valu is not open do employees have the right to come and picnic?
Mr. Dugan explained Super Valu would be willing to consider something less in size
for the dock and will police and put a sign up indicating no trespassing. Super Valu
does not intend to go in with any boats.
j'3
Council Minutes - 3 - Mon.,June 12, 1978
I. 2nd Reading of Ordinance No. 78-14 (continued)
Mr. Bob Fransen, 6851 Beach Road, felt the site would be less attractive with
a docking facility.
Osterholt commented there must be a valid reason for Super Valu to want this
facility and does not feel Super Valu would come in and be a nuisance to people
living on the lake.
Dr. Tangen suggested rather than having a specific reference to docking at this
time, that any docking facility should be in accordance with the Shoreland
Management Act when the docking facility is constructed.
Mr. Jerry Carnes, 7036 Willow Creek Road, stated the lake can be enjoyed without
a dock,and kids will just walk in if the area is going to be unsupervised.
Mr. Jim McNeill, 7251 Willow Creek Road, stated that Bernardi, who owns the pro-
perty at the present time, will not put up a fence to keep the people out and
the police will not police it. The people using the area are stating they are
Super Valu employees and have permission to go in. How is it going to be policed
after Super Valu comes in?
Gail Roettger further questioned about winter policing for cross country skiing
and snowmobiles.
Meyers stated that during the Public Hearing in April there was much concern
about preservation and dedication to the City of the lagoon area and knoll area.
Mr. Dugan replied Super Valu cannot touch the area without zoning, grading and
the other necessary permits from the City.
Mr. Sorensen noted that in the Major Center Area report all the marsh, all the hills,
and the ponds on this site would not be developed. Now Super Valu wants the City of
Eden Prairie to simply grant them straight zoning of an area which was to be protected
City Attorney Roger Pauly responded the knolls referred to are not included in the
35 acre parcel under consideration for rezoning. The zoning to those knolls will
remain as is. In order for Super Valu to make any improvements in that area
they will have to come back for further zoning. Super Valu will be willing to abide
with any laws that are applicable to the area in the 35 acres.
Osterholt felt Super Valu has gone out of their way to get together with the
citizens and meet the objections of the people that live on the lake. He further
stated considering the proposals we have had and what might be proposed in the
future, this is the best possible use of this site.
Mr. Sorensen commented he doesn't object to the type of use; however, feels the best
building site is at the base of "old baldy". Also in any other development a scenic
easement is required and he doesn't see that in this situation.
Mr. Pauly noted that the Shoreland Management Act speaks to a figure of 30% for
use of land and improvements.
Bye asked the residents if they were supportive of the Super Valu proposal with
the exception of the newly added docking facility. Mr. Fransen replied in the
affirmative. Bye further commented then Mr. Sorensen is speaking for himself
and not the majority regarding the other problems he discussed.
Ito rii
Council Minutes - 4 - Mon.,June 12, 1978
I. 2nd Reading of Ordinance No. 78-14 (Continued)
Mr. John Wilkie, 7221 Willow Creek Road, explained he was part of a committee
on his street to meet with Super Valu and felt he had a clear understanding
as to the specifics addressed at that time. Now there seems to be a clear
misunderstanding. During their meetings and throughout the first meeting with
the Council, Mr. Wilkie understood how the property was going to be developed.
Now tonight, Mr. Wilkie stated, we see a different proposal in the developers
agreement.
Mayor Penzel called for a brief recess for the purpose of Super Valu and
the residents on Bryant Lake to get together and discuss the issue of the dock.
Meyers excused herself from the rest of the Council meeting.
The meeting reconvened and Mr. Morrissey announced the residents and Super Valu
were at an impasse as far as the dock was concerned.
Blanche Johnson, 7261 Willow Creek Road, explained she did not feel Super Valu
would be a detriment to the lake with the docking facility, and the City should
be grateful to Super Valu for locating on Bryant Lake. She further noted
that the other possibilities have not been as good as Super Valu's proposal.
MOTION: Osterholt moved, seconded by Bye, to give a 1st Reading to Ordinance
No. 78-32, the Shoreland Management Act by reference, and to consider
recommendations of the Parks, Recreation & Natural Resources Commission by the
2nd Reading. Motion carried unanimously.
Osterholt suggested an amendment in the developers agreement in Section 3 which
refers to'any docks or structure not to exeed 1600; should be amended to read
+not to exceed a total of 1,200 square feet and no more than 400 square feet, or
less, of such structure shall extend beyond the shoreline,' and that the
configuration of the facility be worked out with Staff and Sumer Valu and then
the matter be circulated to the residents living on the lake prior to the
meeting on June 20th. Council members agreed with this amendment.
MOTION: Osterholt moved, seconded by Bye, to approve the developers agreement as
amended. Motion carried unanimously.
MOTION: Bye moved, seconded by Osterholt, to adopt the 2nd Reading of
Ordinance No. 78-14, rezoning 35 acres from Rural to Office for Super Valu Stores,
Inc., corporate headquarters, contingent on the signing the
developers agreement. Motion carried unanimously.
II. Definition of Section 2, Subdivision 2.7 of Ordinance No. 135, special requirements
pertaining to design
Council reviewed the communication from Ross Thorfinnson relating to Section 2,
Subdivision 2.7 of Ordinance No. 135, and requested that this item be again
addressed during future Guide Plan meetings.
III. Anderson Lakes Joint Master Plan
The Council suggested that an invitation be extended to the Hennepin County Park
Reserve District for a member of their staff to appear before the Council at a
regularly scheduled Council meeting to outline the details of the proposed Master
Plan.
Council Minutes - 5 - Mon.,June 12, 1978
IV. Guide Man - Chapter VI
Due to the lateness of the hour,Council members requested that another
date be set to discuss Chapter VI of the Guide Plan. Date to be set at
the June 20th Council meeting.
V. ADJOURNMENT
MOTION: 8ye moved, seconded by Osterholt, to adjourn the meeting at 9:55
PM. Motion carried unanimously.
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June 28, 1978
TO: THE MAYOR AND MEMBERS OF THE EDEN PRAIRIE CITY COUNCIL
RE: REZONING AND REPLATTING OF THE LAKE TRAIL ESTATES
Attached is a petition signed by residents of Heritage Park First Addition and
Round Lake Estates First Addition.
There is presently one ingress and egress to these additions. The Plan is for
another access onto Highway#5 off the proposed Lake Trail Estates which will
tie in with Heritage Road in the future. With the predominant number of residents
using Heritage Road turning East onto Highway#5 due to work, school and services,
another access onto Highway#5 does not remedy the problem because of the ever-
increasing saturation on Highway#5. The residents strongly believe that because
of the aforesaid, the best solution is an access to the East to County Road#4,
preferably connecting with Luther Way.
1. There has to be an access to the East before any additional construction
brings more traffic onto Heritage Road.
2. The residents who attended the August 16. 1977 City Council meeting
were told they would have an access to the East before any additional
construction was done.
3. The question is why is the present proposal not connecting with Luther
Way.
4. A proposed Plan for access to the North does not solve the problem be-
cause most of the residents exiting Herit:ge Road go East on Highway#5.
The best solution is for access directly to the East to County Road#4.
5. What if there is an accident on Highway#5 or Heritage Road and there
is an emergency in the area such as a fire or need of an ambulance or
police assistance? There has to be another access to the area. Access
from County Road#4 directly West would insure that the emergency
vehicles could get through to the area in the least amount of time.
6. The area was not notified when the proposed street plans and utility
designs were discussed.
7. The concern is with future development in the remaining open areas, and
because of this, the most sound planning is access to the East to County
Road #4.
8. The proposed access to Highway #5 from Lake Trail Estates during peak
traffic will be almost impossible because of the stacking of traffic in the
East bound lane at the semaphore on County Road #4 and Highway #5 and
then the semaphore release of the West bound traffic.
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Minutes - Parks, Recreation Unapproved
and Natural Resources Commission -6 — Monday, Juno 19, 1978
1. Saner Vn)u eomm rcina (cont'd)
Tangen suggested a pedestrian crossing at a non-congested area with "flashing
lightd'and signage noting the crossing.
Dave Anderson, speaking to lack of separation for bikes and pedestrians,
suggested a center area for parking bikes. lazanyi indicated they could come
up with a plan for a collector sidewalk in the lower half of the parking lot,
with plantings.
MOTION: Dave Anderson moved to approve the Staff recommendations of June 9,
1978, and that the main condition be signalization at the Co. Rd. 18 and Anderson
Lakes Parkway interscction,because of bike and pedestrian traffic that will occur,
and the estimated heavy traffic. Tangen seconded.
DISCUSSION: Tangen requested addition to the MOTION: that the construction of
the bikeway system from the south be constructed in conformance with the re,.ain •
-
ing Amsden Dill Addition, signalization to include a marked pedestrian bike cross •
-
ing across Anderson Lakes Parkway, and the responsibility for construction of the
trail from the Preserve to the shopping contcr will belong to Super Valu and the
trail to the south of that will be constructed by the Preserve. Dave Anderson •
•
accepted the ADDITION.
AMENDED P(TI,,:.: Dave Anderson movedto approve the Staff reeommendaticec of June
9, 197S, that the main condition be signalization at the Co. Rd. 18 and Anderson
Lakes Parkway intersection, because of bike and pedestrian traffic that will occur
and the estirated heavy traffic; that the construction of the bikoway system from
the south be constructed in conformance with the remaining Ansden hiil.l Addition;
signalization to include a marked pedestrian bike crossing across Anderson Lakes
larin7ay; and the responsibility for construction of the trail from the Preserve
to the shopping center will belong to Super Valu and the trail to the south of
•
that will. be constructed by the Preserve. Tangen seconded, motion carried, with
•
Fificld abstaining.
Chairman Anderson called for a ten minute break nt 10:15 PM.
b. lake Trail Estates •
Lambert spoke to the check list and Planning Coiaission report, and
•
suggested the concern of the Corani:aien be what will happen to the marsh •
area and working out tho trail system, connecting the park with the develop-
ment.
Richard Anderson folt the road should be next to the park in ordor to make
it easier to got into the park. Lambert responded the entire cost of con-
structing the road woel.d fall on the City, and that the Public Safety Depart-
ment expressed concern that there would be too many accosses.
Tangen noted there were no provisions on tho east nide of tho development
for access to the park. Lambert explained the contour was higher, and also
it was the over flow to tho marsh area.
eo
/bp
11inutos - Parks, Recreation Unapprovod
and Natural Resources Association - 7 - Monday, Juno 19, 1978
b. Loko Trai) Estates (cont'd)
•
Mr. Stovo Young, Architect, spoke to tho proposal and answered quostions
from tho Commission.
Richard Anderson pointed out that the futuro high school would be located
at Round Iake, and speaking to what happens in Bloomington, tho kids tako
tho shortest routo even if it is through back yards, and felt for practical
purposes the road should be next to the park.
kruoll felt that houses should be on both sides of the road because of land
values and the economics involved.
Tangen suggested directing ourselves to both streets in this project, suggest-
ing a path on the high lido of the swail with a bridge of some type.
•
Mr. Clifford Swenson, Bloomington, spoke to Planning Staff plans to connect
the two cul-de-sacs, and that this arrangement was arranged or arrived at
as the best for futuro connection. Ho added that tho easement was given
and the intent was to leave the option open at the present time.
MOTION: Tangen moved to approve Staff recommendations, with construction
of pedestrian or bike path connecting the two cul-de-sacs along eaue ent
with n connection to the park, with width and construction of path to be
dotei._ined by Engineering De}.artreni,. Dave Anderson seconded. :lotion
carried with Richard Anderson voting "nay".
Richard Anderson commented that ho voted against the Motion because of the
location of the road, and that you cut off the public even more from the
park, noting that taking a ride around the park is still ono of the greatest S:
day afternoon pastimes.
Tangen felt that with a road next to the park, you would have the public
parking adjacent to peoples homes and that thero would also be too many
accesses to the park.
2. Foicntanl Ncirhborhood Pork Site/Bidden Fends Area
•
Lnubert sroko to option :secured on Hidden Fonds park site, which tcrminntcd in
January, 1977, and which may be developed soon. Ho recommended looking for
another site, and spoko to Camp frontier property for sale and another parcel
thnt is now available as a possiblo park site.
Since Lnmbort hnd limited information on tho two parcels, ho ngreed to research
tho topography and oxpcndituro of tho properties in rolation to each other.
Chairman Andornon left the meeting nt 11:00 PM, and turned tho mooting over to
l:ruell.
lambert spol:o to four crucial sites, oxp)nining that tho Rod Rock sito was tho
most critical na far as acquiring land for a park.
/Ga9 `
approved
Planning Commission -4- June 12, 1978
C. Lake Trail Estates, by Clifton Swenson & Arvid Schwartz. Request to
rezone from Rural and R1-22 and R1-13.5, RM 6.5 and Public, preliminary
platting of approximately 27 acres into 36 single family homes and 3
double lots, and 1 church site. .Site is located north of TH 5,
South of Round Lake, East of Round Lake Estates, and West of Kirk
Meadows. A public hearing.
The Planner referred the commission to the staff report June 9. He then
introduced Steve Young, Bruce Knutson Architects, who would present the proposal.
Steve Young stated the road system within the plat is based upon the recent
sanitary sewer plan of the City's and the accesses to TH 5 have been approved
by the Minnesota Highway Department. He said no variances from the ordinance
are being requested with the average single family lot size 15,D00 square feet.
Mr. Young then reviewed the landscaping plan of berms and planting between TH5
and the project , and between the church site and the residential. Mr. Young
stated they are in agreement with the staff report, but would suggest the trails
be staged, not required prior to construction.
•
Levitt asked if a church is interested in building immediately. Mr. Young
replied affirmative.
Pastor Liesenner stated the church wishes to
commence building as soon as possible.
Mr.Rousseau, 7741 Heritage Road, expressed concern that school traffic would use •
the residential streets. He then suggested a through street via Luther Way to
Co.Rd. 4 would help alleviate the extreme traffic hazard that exists at Heritage
Road and TH 5.
Donna Boller , 7690 Heritage Road, expressed disappointment of not being
notified of the recent road decision of permanently cul-de-sacing Luther Way.
Steve Young stated they could redesign and accommodate a through street via Luther
Way if it is recommended by the City.
Mr. Westlake ,7710 Heritage Road, requested access to TH 5 be upgraded prior to
any additional projects being approved.
Mr. Pavelka, 167?5 Luther Way, approved of the project as submitted stating Luther
Way is inadequate in size and condition to handle additional traffic.
Mr. Boen , 7760 Heritage Road, requested Heritage Road residents be
notified in the future of road decisions in the area.
•
Motion 1:
Be<arman moved, Redpath seconded, to close the public hearing on Lake Trail
Estates. Motion carried unanimously.
MO
approved
Planning Commission -5- June 12. 1978
Motion 2:
Bearman moved, Redpath seconded, to reconmend to the City Council approval
of rezoning of Lake Trail Estates from Rural and R1-22 to R1-13.5, RN 6.5,
and Public as per the staff report of June 9, 1978 and the engineering report
of June 6, 1978. Motion carried unanimously.
Motion 3:
Bearman moved, Redpath seconded, to recommend to the City Council denial of
the preliminary plat of Lake Trail Estates , dated May 8 , 197B , because the
traffic problems are such in the entire area that no further development
• should occur until a road network is designed to meet concerns of safety,
residents, and the city.
Discussion:
Levitt questioned if the Valley View Road extension would help alleviate the
traffic congestion. He felt it caused hardship without direct resolution
of the traffic problem and is the result of prior decision to close Luther Way.
Bearman believed the area needs another through street, running east / west
between TH 5 and Valley View Road .
Lynch stated he could not reconmend placing any more traffic on TH 5 in this
area of the city.
Vote: Motion carried 3:1 with Levitt voting nay.
V. PETITIONS AND REQUESTS
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII.PLANNER'S REPORT
A. Road Construction Program •
The Planner referred the Commission to the May 8, 1978 engineer's report
and the attached map outlining the road improvements considered.
The Commission briefly discussed the road improvements and agreed to
contact the city engineer or other city staff with questions and comments.
IX. ADJOURNMENT
Bearinan moved, Redpath seconded, to adjourn at 10:35 PM. Motion
carried unanimously.
Respectfully submitted,
Jean Johnson
/i 3I
•
STAFF REPORT
TO: Planning Commission
FROM: Chris Enger, Planning Director
DATE: June 8, 1978
PROJECT: LAKE TRAIL ESTATES
REQUEST: 1. Rezoning from Rural and R1-22 to R1-13.5 and RM.65,
and PUBLIC
2. Preliminary plat approval
PROPONENTS: Mr. Arvid Schwartz and Clifford Swenson
ZONING '
The proponents are requesting rezoning for 27.37 acres of land lying
west of exi: ing single family subdivisio•• called Luther Way (Kirk Meadows),
south of Round Lake Park, and North of TH 5. Rezoning is also requested
for a 2.7 acre site for church use; rezoning of 27.7 acres for 3 duplex
lots (RM 6.5); and 43 single family lots (R1-13.5). The overall density
proposed is 1.99 units/acre. ( see attachment)
•
•
BACKGROUND
The existing zoning is Rural and with R1-22 zoning occurring on the south portion of
the site. The 1968 Guide Plan illustrates this area as single family
residential. The 1978 Draft Guide Plan also illustrates this area as single
family residential with an area designated as open space for drainage purposes
occurring within the center of the project. ( see attachment )
The surrounding land uses are 1/2 acre (R1-22) to the east R R1-22 zoning
to the south of the Meadow Lane area. The site is bordered on the
south ,5y TH 5 and on the West by Eliaison Builders Round Lake Estates First
Addition, R1-1 3.5. Round Lake Community Park borders the site on the
north. The site is several hundred feet from the northwest corner of
the intersection of Co. Rd. 4 / TH 5 which supports the existing Prairie
Village Mall connunity commercial shopping center.
As part of the condition of approval of Round Lake Estates, the developer was
required to provide an alternate means of egress other than the existing access
to TH 5. For this reason , and far reasons of sanitary sewer improvements
the City Engineer and City Council have been conducting public meetings with
163a
. :.„
Report-Lake Trail Estates -lb- June 8, 19%8
1 9 6 8 GUIDE PLAN
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Report-Lake Trail Estates -2- June 8, 1978
•
Heritage Hills and Luther Way for the purpose of adopting a feasibility
study for utilities servicing the Round Lake Estates Area. The basic
street system shown in this proposed plat is a result of that feasibility
study and follows the adopted alignment of the sanitary sewer and water
for the area. it also illustrates a road system which is acceptable to
the people of Luther Way.
ROAD SYSTEM •
Because of the restraint imposed , of not being able to continue Luther Way
through to the west, because of neighborhood concern of additional traffic
which would be created and the low carrying capacity of existing Luther Way,
access for the entire western half of the project and for the church must
come from an access point from TH 5. This western road system is intended
to connect with a replat of Round Lake Estates 2nd which would then swing-around
the western side of Round Lake Park and connect to the future connection of
Valley View Road. At such time that the hook-up occurs to Valley View
Road, the Planning Staff would recommend that the access point to TH 5 within
the Lake Trail Estates Plat he limited to aright-in and right-out'only
access. This plan must be approved by the Minnesota Department of
Transportation. Because the western most road will operate as a throuoi.
road it should be a 60 foot minimum ROW with a 32 foot road.
LAND USE
•
The concept of the plan was to plat a single family area within the R1-13.5
District , and to allow for a 2.7 acre for a small church adjacent to Tli 5 .
In addition, an attempt to transition from the impact upon a residential area
of TH 5, the proponents have proposed 3 duplex lots shown clustered around
the south western cul-de-sac. The site planning problem therefore becomes
a number of transitions between different land uses. From TH 5,the 3 duplex
lots must be adequately screened both visually and from a noise abatement
standpoint . The proponent proposes to do this through the use of a 10 foot
earth berm. This measure would be effective , however there is a 1'; : 1
slope necessary to accomplish theheighth and this is anunmainteinable slope
without the use of low ground cover. An alternate to this would be to
establish a five foot berm at a 3:1 slope with additional evergreen vegetation
on the north side of the berm to bring the effective height to tire screen to 10 feet.
This entire berming and screening area should be extended on both ends to
curve around to the north to more appropriately screen the residential uses
from the highway.
•
The church site and the driveway leading to it will act as a very good transi-
tional buffer between the highway and the single family units. Plantings are
shown around the church site to act as a buffer bei.ween the church activities
and parking and the single fondly homes. Prier to final approval, a plan should
he submitted of the church illustrating : building type and location, parking'
design and location, and screening treatment , for staff review and approval.
/ 4
Report-Lake Trail Estates -3- June 8, 1978
•
The lot sizes in Kirk Meadows are 1/2 acre and larger and the setbacks
along Luther Way are greater than the 30 feet required in the R1-13.5
District. The staff would suggest the following:
* Lot 21 which is immediately adjacent to the boundary of
Luther Way, south side of the extension of Luther Way,
should include a front yard setback fronting onto Luther
Way , which is consistent with the existing lot lying to
the east. This may require the removal of a lot along
the Luther Way boundary to facilitate larger setback.
However, this would allow the enlargement of lots 16-20
to more appropriately match the lots in Luther Way area.
Lots 1-4, lying on the north side of the Luther Way extension,
setbacks should be consistent with the front yard setbacks
of the homes lying to the east in Kirk Meadows.
These revised setbacks should be illustrated in a develop-
ment plan submitted prior to final plat approval.
LOT REQUIREMENTS
The 3 duplex units occurring in the southwest portion of the plat are shown
on duplex lots which have been split to acconvnodate two duplex dwelling units .
However, the difficult configuration of the smaller lots will not allow for
a common lot line down the party wall, therefore the traditional duplex lots
should be required in this area. This would mean three lots with the
3 duplex buildings which may be surveyed down the party wall after construction
and split through an administrative land division.
•
All duplex lots should conform to the RM 6.5 requirements for the auplexes,
a minimum of 13,000 square foot lot and the single family lots should conform to
a minimunn of 13,500 square feet. No frontages should be less than 90 feet
except on cul-de-sacs, and these frontages should not be less
than 45 feet.
Front yard setbacks should conform to ordinance requirements of 30 foot front
yard setback, and 10:15 side yard setbacks. The setbacks along the northern
extension of Luther Way and the front yard setback on lot 21 should be modified
as outlined above. *
Report-Lake Trail Estates -4- June 8, 1978
STORM WATER SYSTEM
The schematic plan for the storm water treatment appears fairly complete
and carries all the drainage in the curbs of the streets and then picking
it up in catch basins which then lead to the central pond. However,
the swales which have been created to drain the marsh during high water to
the south and north should be redrawn so that the bottom of the swale
occurs within a public area platted for drainage purposes.
It is understood that the marsh area is part of the storm sewer system
and should not be creditted against the open space requirement.
SIDEWALKS
There is an existing pattern of circulation along a short distance of highway
#5 from Heritage Hills east to Co.Rd. 4 and also up to Round Lake Park.
Ten (10) feet of ROW along the northern ROW line of TH 5 should be dedicated
to the City and a sidewalk constructed by the developer. A sidewalk should
also be constructed along the east side and north side of the western 60 foot
ROW road. Sidewalks should be 5 feet wide concrete placed according to
engineering department standards.
1. An erosion and sedimentation cv.+rol plan be submitted to
the Riley Purgatory Watershed District for review and approval
prior to grading.
2. Access permit to TH 5 be obtained from Mn DOT.
3. Cash park fee of $275/single family lot , and $200/ duplex
dwelling unit be paid according to Ordinance 332 at time of
building permit.
4. Developer shall construct sidewalks along the northern ROW line
of TH 5 and along the east side and north side of the western 60
foot ROW road, as per staff report June 8, 1978 and according to
City Engineer's standards.
5. A detailed planting plan be submitted to the Planning Staff for
review and approval prior to final plat approval.
6. A detailed site plan for the church property shall be submitted for
review and approval by the Planning Commission and City Council.
7. Length of earthen berm on the southwest corner of the property adjacent
to TH 5 be increased on both ends and patered clown to the north, and
that total height of the berm be decreased to five feet in order to
provide a maintainable slope. Also, in conjunction with the five foot
berm , a landscape plan be submitted to the Planning Staff prior to final
plat approval which will illustrate heavy evergreen planting of no less
than 5 feet in height.
/63(v
Report-Lake Trail Estates -5- June 8, 1978
8. Drainage plan should be redesigned•so that the swales'
low point corresponds with the low line of the
dedicated area.
•
9. Duplex lots 1 and 2, 3 and 4, 5 and 6, be combined
to form three larger lots of no less than 13,000 square
feet in size.
10. All requirements of Ord. 135 should apply to the plat.
11. Lots 1-4 on the northern side of the extension of Luther
Way shall have a front yard setback equal to that of
lots adjacent to it.
12. Lot 21 on the eastern boundary of the site should have a
front yard setback consistent with the property lying to
the east.
13. Road right-of-way to the western property known as Round
Lake Estates Second, should be platted and a street
constructed at this time to city standards.
14. Western road shall be 60 foot ROW with a 32 foot road.
15. .At tine o' extension o' the western road up to the extension
of Valley View Road, the access onto TH 5 shall be limited to
'right-in/right-out' only.
CE:jj
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51 DGWALK••LAKE TRAIL ESTATES
• — — sidewalks ,
•
Riley- Purgatory Creek Watershed District
8950 COUNTY ROAD #4
° EDEN PRAIRIE,MINNESOTA 55343
June 7, 1978
•
Mr. Chris Enger
City Planner
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: Lake Trail Estates
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 proje.._. The following policies and
criteria of the Watershed District are applicable to this project.
3. The District notes that the large wetland area in the center of the
development site may he classified as public waters by the Minnesota
Department of Natural Resources. A determination of public waters
and a natural ordinary high water elevation must be established by
the Minnesota Department: of Natural Resources. Should development
encroach below the natural. ordinary high water elevation, a Chapter
305 Work in Public Waters Permit will be required. In areas where
development remains above the natural ordinary high water elevation,
a Riley-Purgatory Creek Watershed District. grading and land alteration
permit must be accompanied by an erosion control plan showing how
sediment will be prevented from leaving the development site both
during and after construction.
2. A detailed storm sewer plan must he submitted to the District for
review and approval.
3. The District is currently studying possible ways to improve the quality
• of Round Lake. One alternative is the diversion of surface runoff
from urbanized areas tributary to Round Lake. The District requests
the developer investigate the possibility of directing the runoff
from this development out of the Round Lake watershed rather than
into the lake as shown on the preliminary plan.
12) ) �t.
•
:Ir. Chris Enger
Page 2
June 7, 1978
Thank you for the opportunity to comment on this development. If you
have any comments, please contact us at 920-0655.
Sincerely,AWL
Allan Gebhard
BARR ENGINEERING CO.
Engineer for the District
AG/111
cc: Mr. Conrad Fiskness
Mr. Frederick Richards
Mr. Ronald Harnack
7{.
•
•
•
}
!6110 . "`
6/6/78
ENGINEERING REPORT FOR LAKE TRAIL ESTATES
Addendum to Planning Staff Report dated •
1. Approval by the Minnesota Dept. of Transportation will be required for
this plat. All recommendations of the MN/DOT for the entrance to
T.H. 5 will be required by the City.
2. Drainage and storm sewer must conform with the overall drainage plan
for the City. Final plans must be designed by a certified civil
engineer and be approved by the City Engineering Department.
3. Plat a g' radius along property lines at all street intersections and
cul-de-sac return to provide sufficient R/W for utility installations.
4. The developer shall submit a finalized development plan, prior to
final plat approval or building permit issuance, which shall show
proposed grading, strom water drainage areas and direction of flow,
preliminary utility plans, pending and flood plain high water levels
for 100 year storm and minimum floor elevations for all lots.
5. Riley-Purgatory Creek Watershed District review and approval shall be
required prior to preliminary plat approval.
6. Some changes in the proposed utility system are required. These changes
are noted on the Engineering Department's copy of said preliminary
plans.
7. Street grades shall not exceed 7.5%
8. Assessment information:
The following assessment has been levied:
#5627, trunk sewer & water, $29,796.00
The following assessment is pending:
I.C. 51-315, Round Lake utilities, $52,241.00
1641 . w-
« -.fj�
...... .
- --11- �----,_ .. \---) Riley- Purgatory Creek Watershed District
,...„:"----c‘ 8950 COUNTY ROAD+�4
o
EDEN PRAIRIE,MINNESOTA 55343
•
, -. June 7, 1978
Mr. Chris Eager
City Planner
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344 •
Re: Amsden Hills 4th Addition
Dear Mr. Eager:
The engineering advisors to the Board of Managers of the Riley4urgatory
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 notes that grading oper;.tions have commenced on this
development site. In accordance with Section E(2) of the Watershed •
District's Rules and Regulations, a grading and land alteration
permit application must he submitted to the District for this
project. This permit application should be accompanied with an
erosion control plan outlining how sediment will be prevented from
leaving the site both during and after construction.
2. The District will require that a detailed utility plan be submitted
for review and approval.
If you have any questions regarding the District's comments, please
contact us at 920-0655.
Sincerely,(
Sim
/10- .
A.. an Gebhard
BARR ENGINEERING CO.
Engineer for the District
AG/111
cc: Mr. Conrad Fi.skness
Mr. Frederick Richards
/64a
Minutes - Parks, Recreation 'approved
and Natural Resources Commission - 2 - Juno 5, 1978
1. Gymnastics Prorram (cont'd)
present request by parents on forming an association. She spoke to her attached
memo and to the Statement of Iurpose, explaining that if the organization wants
to take over the program and take on the status of the EPAA and NEAP, the City
could holp with support services.
Commissioners questioned relation of EPAA and HEAP to the City from a liability
standpoint. Worts responded that the City acts as an "umbrella", and that we
are liable only for the facilities.
Mr. Joe Pease, Business Consultant for the parents group, 6385 St. John Drive,
St. John's Wood, explained that he has put together an insurance program that
covers everything, and that the City would not be vulnerable to any part of the
program.
MOTION: Yruell moved to adopt option no. 2, in accordance with the Staff recomen-
dation of June 2, 1978. Garens seconded, motion carried unanimously.
2. Recreation Pro'ram Reeistreti.on Recap
Werts spoke to her memo summarizing present summer registration. No Action
Required.
3. Developmenm, .ronosals
a. Amsden Pills IV
Lambert spoke to the Planning Commission Report and Development Proposal
Chock List.
Mr. John Hissink, representing the Preserve, responded to questions by
the Commissioners on the proposal. Ho explained that tho Deer corridor
on the east side of the site and north of the storm water pond will be
dedicated to the City, and will be turned over to the Homeowner Associa-
tion.
lruell questioned Hissink on the distance of this land from Nesbitt Park
and what type of traffic was envisioned on Franlo Rd. Hissink responded
about one-half mile. Lambert added that a bikeway was designated for
the north side of Anderson Lakes Parkway and sidewalk along Franlo Road.
Tangen n^ked about a designated sidewalk south of the site. Hissink
responded that when the outlet is developed, with the platting of that
parcel, could be the time to make the recommendation. He added that the
Preserve would like to complete development by two and one-half years.
Dick Anderson expressed concern with a connection between Anderson Lakes
Park and the southern section. Lambert explained the regional trail grant
would provide money to connect tho Minnesota River to Anderson Lakes by
trail.
103
Minutes — Parks, Recreation and iapprovod
Natural Resources Commission — 3 — Monday, June 5, 1978
a. Amsdon Hill, IV (cont'd)
Knell pointed out that the necessity for two different types of
systems seems to bo appearing; one is the major connections, and •
equally important in the access of the people in the neighborhood
parks.
Hiasink commented that there aro trails in the budget for the Neill •
Lake area, and that the trail system to the park through the Preserve
is there presently.
Dick Anderson requested that Lambert find out where the trails are
going in tho Prairie East development end how they will connect with
those in the Preserve.
Eruell asked how the area outside of the Nesbitt Park area was served
as far as recreational needs. Hissink responded that this was taken
care of by the Preserve Center.
MOTION: Hrwoll moved to recommend to the Council approval of the
Amsden Hills IV as outlined in the Staff proposal of May 18, 1978. •
Dave Anderson seconded, motion carried unanimously.
4. Statua of Round LoPo LAi!COW C•rant
Lambert spoke to his letter of transmittal, explaining that we have sub—
mitted a copy of the deed that we received from the School on the Round
Lake Park Site to the State Planning Agency. He outlined the process of
tho grant and his estimation on completion of construction in 1979.
He explained that he felt the irrigation system needed was of the highest
priority, and suggested closing the park for one year for complete construc—
tion. •
Rrucll questioned the 010,000 cost of the irrigation system, commenting that
he thought the budget was for 550,000. He questioned further whether many
new parka being constructed are equipoadwith an irrigation system. Lambert
respented that the cost was affected by the type of system installed, and
that many of the new "Round lake type" parks are being irrigated. He felt
that with tho high use, there was a definite need for irrigation.
Carcns expressed approval of the suggested plan of closing down the park
and completing construction, rather than accomplishing it piece—meal. He
naked whether lPAA had been approached. Lambert answered that he had
talked withr£AA, and the plan was discussed.
Dave Anderson asked for clarification on whether LAWCON money can bo
received, even though there is a restriction on the deed. Lambert responded
affirmative, and that he had taken it to the State,Planning Agency and
received favorable response.
Dick Anderson expressed approval for the plan, also, commenting that we
should inform the public nbout it.
IGUy
approved
Planning Commission Minutes -3- May 22, 1978
•
C. Amsden Hills IV Addition, The Preserve, request to rezone from Rural to
RI.1 6.5 for 5 acres and preliminary plat approval of 11 duplex lots . A
continued public hearing.
Lee Johnson, The Preserve, reviewed the plat location, revision from 11 duplex
lots down to 10 , the corresponding soils and vegetation, and stated the PUB approval
for this site was medium density multiple. Mr. Johnson distributed revised plats
depicting the 10 lots and illustrated where berms would be placed and stated he
would meet with City staff in the future to determine if additional plantings are
needed to buffer the deer corridor. He stated a 3 foot berm would be constructed
along the north side of the plat to buffer the homes from Anderson Lakes Parkway
traffic .
Redpath asked if the developer has resolved access to the one remaining outlot.
Mr. Johnson replied that the access is not part of this plat or request , but he
is working with the residents, builders and City.
James Hansen, 9445 Aspen Circle, believed action on the IV Addition would predetermine
access to outlot C. •
Jim Edwards, 10260 Amsden Way, apologized for accusing The Preserve of misrepresen-
tation at the last Commission meeting, and added that concerns expressed during the
previous meeting are still germaine.
Levitt did not believe any action the commission may take on Amsden Hills IV is
an approval of any access to outlot C.
Motion 1: •
"Bea- man roved, Lynch seconded, to close the public hearing on Amsden Hills IV.
Motion carried unanimously.
Motion 2:
Bearman moved, Lynch seconded, to recommend approval of Amsden Hills IV rezoning
from Rural to RM 6.5 for 5 acres and 10 duplex lots contingent upon the plat
presented tonight dated May 22, 1978 and the staff report of 5-18-78 with
eniasis ipon_t.he develojmer adhering to the 50 foot setback recommendation.
Motion 3:
Bearman moved, Redpath seconded, to recommend to the City Council approval of the
Amsden Hills preliminary plat dated 5-22-78 for 10 duplex lots based upon the
staff report of 5-18-78 with emphasis upon the developEr adhering to the 50 foot
setback recommendation.
D. Crosstown Baptist Church, Review of site plan. Church site is located at
6500 Baker Road.
Pastor Cornelius, Crosstown 8aptisi 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. A
Staff Report •
•
TO: Planning Commission
FROM: Chris Enger, Planning Director
DATE: May 18, 1978
PROJECT: Amsden Hills IV Addition
PROPONENT:The Preserve
REQUEST: Rezoning from Rural to RM 6.5 for Duplex lots for 5.08 acres
Preliminary plat approval for 11 duplex lots
LOCATION: Southeast corner of Franlo Road and Anderson Lakes
Parkway .
•
BACKGROUND
The Amsden Hills IV site was conceptually approved in the 1970 Preserve
Planned Unit Development for mixed residential uses of 5-10 dwelling
units per acre.
As was reviewed by the Planning Commission during the Amsden Hills III •
public hearing, densities originally approved in the 1970 PUD for this
sector of The Preserve have generally been modified down for construction
of single family homes.
The Amsden Hills IV Plat and rezoning request is consistent with the
original PUD approval, and is at proposed at 4.4 units/acre.
•
LOCATION \ ' '° .'.
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Staff Report-Amsden Hills IV -2 May 18, 1978
ORDINANCE 135 •
In the RM 6.5 District, lots must be a minimum of 13,000 square feet in size
with a minimum site area per dwelling unit of 6,500 square feet. The Amsden
Hills 1V Plat does meet these requirements .
Ordinance 135 further requires a minimum lot width of 90 feet, minimum depth
of 100 feet, the plat meets these requirements also.
At the May 8th Planning Commission meeting the Commission required, upon
staff recommendation, that the proposal include a consistent 50 foot setback
along Franio Road and Anderson Lakes Parkway.
Ordinance 135 requires that building materials for duplex units be of either
face brick, natural stone, or specifically designed concrete units. However,
under Section 11, PUD Procedures, Section 1, Purpose, the PUD allows variance
from the provisions of Ord. 135 including setbacks, heights, lot area, width,
depth, etc., in order to :
a. encourage more creative design in the development
of land,
b. promote variety in the fiscal development pattern
of the Village,
c. concentrate open space in more usable areas or
preserve natural resources of the site,
d. preserve and provide a more desirable environment
than would be possible under strict interpretation
under the Zoning Ordinance or Subdivision Regulations.
With this in mind, and the precedent that has been established for wood and/or
brick residential structures within the City, the staff would recommend variance
from the material requirement to allow frame construction and wood or wood pro-
duct construction.
The Planning Staff would further recommend that if the duplex lots need to be
divided in the future to provide single ownership of each unit, that the
provisions of the ordinance requiring setback from the lot lines be waived to
allow common lot lines down the center of the lots.
DEER CORRIDOR TREATMENT
As was reviewed in the Amsden Hills III staff report, the effect of a land use
in the Amsden Hills IV location on the deer corridor lying adjacent and to the
east of this project, must be studied. At the time of the evaluation of the
Amsden Hills III Plat exact land use of Amsden Hills IV was not ascertained.
The Preserve has submitted a proposed grading and utility plan that shows a
berming treatment of the eastern side of the property and also shows evergreen
vegetation along the eastern side of the property to buffer the residential
uses from the more wild deer corridor area. is
71
Staff Report-Amsden Hills IV -3- May 18, 1978
q
The staff feels that this type of treatment is acceptable and would
require a detailed landscaping plan be submitted prior to building
is
suances.
ssuances.
OPEN SPACE
Anderson Lakes Regional Wildlife Park is directly north of the site
and is part of the Preserve's open space conmitment. The Deer Corridor
on the east side of this site and north of the storm water pond will
be dedicated to the City. It should be realized that people proceeding
from the Garrison Forest I & II , Amsden Hills I- III Areas do not have
convenient access to a trailway or sidewalk system to take them to the Preserve
Recreation Area. There are outlots that will be developed consistent
with The Preserve trail standards, however, a sidewalk along Franlo Road
on the east side would benefit the residents in The Preserve's Southeast
Area by allowing them access to the recreational areas. There is a
sidewalk proposed in the Olympic Hills First and Second Additions on the
west side of Franlo Road, however, as traffic increases the desirability
of a sidewalk on the east side as well will increase.
The staff has received a number of comments from residents in Garrison
Forest and Amsden Hills Additions regarding lack of access to the
remainder of the Preserve. The Planning Staff feels that because of
the way outlots in this southeast area are oriented, the most
appropriate place for a sidewalk in the area intially would be along the
east side of Franlo Road.
FRANLO ROAD FRONTAGE
There are two lots in the plat which front onto Franlo Road shown as
Lots 10-11. Since there is a fifty foot setback required in light of the
fact that the recent Hustad plats were allowed frontage onto Franlo Road,
and in light of the fact that Franlo Road will be designated a minor
collector of between 3,000 - 5,000 trips / day ultimately, the Planning Staff
feels with the 50 foot setback and 'T' driveways that two lots could be allowed
to front onto Franlo Road.
Staff Report-Amsden Hills IV -4- May 18, 1978
RECOMMENDATIONS
• The Planning Staff would recommend approval of the Amsden Hills IV
rezoning from Rural to RM 6.5 and approval of the preliminary plat
dated April 25, 1978 with the following conditions:
1. That a detailed landscaping plan be submitted to the
City staff for review and approval prior to building
permit issuance. Said plan should illustrate landscape
buffering to the deer corridor area.
2. That setbacks from Franlo Road and Anderson Lakes Parkway
be a minimum of 50 feet.
3. That lots 10 and 11 be allowed frontage and access to
Franlo Road with the inclusion of 'T'driveways.
4. That a variance from the special requirements of Ord. 135
regarding the exclusion of wood materials for duplex units
be given.
5. tnat a variance allowing a zero lot line concept be granted
to the Amsden Hills IV Mat to allow individual platting of
duplex units with a common lot line on the party wall.
6. That sedimentation control during and after construction
be acceptable to the Nine Mile Creek Watershed District.
7. That the approval of this plat and rezoning be contingent
upon the vacation of 'old'Amsden Hills Road ROW cutting
through theparcel on a east-west axis.
CE:jj •
ILLIo) i
approved
Planning Commission Minutes -6- May 8, 1978
•
V. PETITIONS AND REQUESTS
A. Amsden Hills IV, by The Preserve, request for rezoning of 5 acres to RM 6.5
for 11 duplex lots. Site is located in southwest corner of Anderson Lakes
Parkway and Franlo Road. The Preliminary plat public hearing will be held
on May 22, 1978.
Lee Johnson, The Preserve, stated the 11 double lots conform to the uses dis-
cussed during the public hearings on the Third Addition, and that they intend
to landscape the cast side of lot 5 and berm on part of the cul-de-sac to further
buffer the deer corridor and eliminate sweeping car lights to the lots and
into the deer corridor. He stated no variances are being requested for the IV
Addition. He requested the Commission recommend approval of the project with
30 foot sideyard setback on 2 lots instead of the 50 ' setback proposed by
the staff.
Sundstrom informed the proponent the Commission has on the previous two applica-
tions reconrended adherence to the 50 foot setback.
Jim Edwards,10260 Amsden Way, stated he and other lot purchasers were told no
road would he located north of Amsden Hills ( south of the pond) , and no develop-
ment would occur on OutlotC east of deer corridor and west of Amsden Hills Three.
He objected to the breakdown in communication and false information between The
Preserve and developers of additions which results in mis-information to h^me buyers.
Ken Krouchko,10300 Amsden Way, stated the sellers of Amsden Hills did not inform
him of the intended uses of multiple on this site, instead he was told it would
be open space.
Dean Larson, 9405 Franlo Road, stated he did not attend the hearings on Amsden Hills
Three because he was informed by The Preserve that the outlot east of the deer
corridor would be open space . He stated if he had know that the outlot (now proposed
as the IV Addition) was discussed during the public hearings on Amsden Hills Three
he would have certainly attended . He believed a road to serve the outlot east
of the corridor and development of the land would violate the deer corridor concept.
Joan Edwards,l0?60 Amsden Way, asked if theCity is requiring the road south of the pond.
The Planner replied the staff suggested the outlot be served from the east out of the
Amdden Hills Third Addition, or south of the pond, with preference givento the east
connection.
Gary Wanger,10220 Amsden Way, stated he would have attended earlier hearings hut his
salesman assured him the pond and surrounding hillside would remain in open space.
Mr. Larson requested tin Commission change the public hearing date from May 22 as
many residents have a conflict with the date. Sundstrom replied the notice is already
published.
Motion:
Ifear-maw moved, Retterath seconded, to continue the request to May 22 for the
public hearing on Amsden Hills IV and to attach to the official city copy of the
May 8th Planning Comnission Minutes a copy of the Strawberry Jam, Spring, 1978
Issue. Motion carried unanimously.
MINUTES
[DEN PRAIRIE PLANNING COMMISSION approved
7:30 PM City Hall
Monday, June12, 1978
COMMISSION PRESENT: Richard Lynch(Vice President), William Bearman, Paul
Redpath, Matthew Levitt
COMMISSION ABSENT: Rod Sundstrom (Chairman), Liz Retterath
STAFF PRESENT: Chris Enger, Manning Director; Jean Johnson, Planning
Assistant
I. APPROVAL OF AGENDA
Dearman moved, Redpath seconded, to approve the agenda as submitted.
Motion carried unanimously.
II. MINUTES OF THE MAY 22, 1978 MEETING
P. 4,VI., b. should read - Lynch moved, . . .
Bearman moved, Redpath seconded, to approve the minutes as submitted
•
and corrected. Motion carried unanimously.
III. MEMBERS REPORTS
A. Chai Tula n/Vice-Chairman. none
B. Others.
1. Bearman inquired if the Commission would like oie member to attend
the council meeting being conduct upstairs at which Super
Valu's Agreement for their rezoning of the Bryant Lake site will
•
De discussed.
After discussion it was decided all four members of the commission
present should remain. ..
IV. REPORTS AND RECOMMENDATIONS •
A. Norman Addition, by Dirlam Properties and Norman Clark. Request to
rezone frau Rural to R1-13.5 and preliminary plat 6.5 acres into 13
single family lots. The site is south of Duck Lake Trail at 18061
Ouck Lake Trail. A continued public hearing.
The Planner referred the commission to the revised plat dated May, 1978, and
the revised reports of June 9th and June 6th. Ile stated the staff is recommending
approval of the request as per the staff reports.
Mr. Peterson, Dirlam Properties, stated a cul-de-sac extension from the east
was more feasible than from the west. The cul-de-sac will serve six lots and
the remainder of the lots will have access from Duck Lake Trail. He believed
the drainage problems of Sterling Field and Hidden Ponds have been adequately
addressed by the plan proposed and the plan is approved by the Engineering
Department.
Fir. Peterson stated he disagrees with one point of the staff report; he
proposes some other type of ownership of the outlot than extending the lot
lines to include it as the staff is recommending. .
Bearman inquired how many lots fronted on Duck Lake Trail in the original
plat. Peterson replied six.
Bearman asked if the Public Safety Department has reviewed the plat relative
to emergency vehicle accessibility. The Planner replied the staff did suggest
a through street, but due to neighborhood concern,the developer has redesigned
the rent and ci inim•t:Y1 ow ikweetih street..
//.,1.
approved
Planning Commission Minutes -2- June 12, 1978
Redpath asked if Sterling Field will be bearing some of the utility costs.
Mr. Peterson replied negative.
Bob Pemberton,18070 So. Shore Lane,. asked at what elevation the pond
would be. Mr. Peterson replied the water is presently at 901.8, it would
be lowered to 899.2 with an overflow swale at 901.8 . Peterson added the
site would be serviced with a pipe or storm water pond, he prefers the
pond and the city has recommended a pipe.
Mr. Bowser ,7043 Park View Lane, believed a pipe would act as a dam in
the proposed location.
The Planner suggested if the ownership of the pond area can be resolved, then
ponding would be feasible.
Motion 1:
Bearman moved, Redpath seconded, to close the public hearing on Norman
Addition. Motion carried unanimously.
Motion 2:
Bearman 'roved, Redpath seconded, to recommend to the City Council approval of
Norman Addition rezoning from Rural to R1-13.5 as per the plan dated May, 1978,
and subject to the staff reports of May 3, June 9, with items 2 and 5 of the
June 9th report to be worked-out between the City and Owner so option of pond
ownership, other than City, is possible. Motion carried unanimously.
•
•
Motion 3: •
Bearman moved, Redpath seconded, to recommend to the City Council approval of
the plat dated May, 1978 as per the staff reports of May 3, and June 9th with
•
items land 5 to be worked-out as explained in Motion 2. Motion carried
•
unanimously.
•
B. Super Valu Stores, Inc., request to preliminary plat and rezone from Rural
to Community Commercial 10 acres located in the southwest corner of
•
Co.Rd. 18 and Anderson Lakes Parkway for a supermarket, hardware store
and drug store. A public hearing.
Mr. Nick Mazany, Super Valu, reviewed site plans for their proposed 27,500
square foot supermarket plus additional floor space of 40,500 square feet for
hardware and other shops. He also discussed the berming and landscaping
proposed along Co.Rd. 18, Anderson Lakes Parkway, and to buffer the stores from
the adjacent future single family. He informed the Commission the County
has not approved their access request to Co.Rd. 18. He stated Super Valu met
with surrounding neighbors in May to acquaint them with the proposal.
Mr. tiazany stated they agree with the majority of the staff report, but do not
believe the 4th side of the building should be brick.
Jim Ryan, Ryan Construction, informed the commission they would he managing the
shopping center in conjunction with Super Valu. He believed the hearing and
landscaping would sufficiently buffer the stores from the single family.
Redpath inquired if the the stores would he served by a mall. Mr. Ryan
stated the center would have 3 entrance doors, one of which enters into a
interior mall. I
lynch asked ii the signage would be similar to Prairie Village Mall,
1Jm Planner rrnlird the Super Vale :ianane deniclod on the plans does conform
4.EiJ
r_AKE
494 MPLs
2r
NestAE IL STERLING FIELD
ASSOCIATION, INC.
EDEN PRAIRIE,MINNESOTA 55343
Q
SHAeoPEE csou0 Aaribtr
June 10, 1978
To the Planning and Zonning Commission:
We the members of Sterling Field Association have approved the
plan of Mr. Petersons for the Norman Addition, pertaining to the
extension of nvanston Road into a small Cul De Sae containing six
homes. It was also stipulated that the new homes on lots i 8 and
13 be made larger (one half acre setbacks), we do not feel that
sidewalks are necessary, and that there will bo no assesments for
the storm sewer for the Sterling Field Area.
Sincerely yours,
Bill Carpenter, Pres.
au
i
STAFF REPORT ADDENDUM
TO: Planning Commission
FROM: Chris Enger , Planning Director
DATE: June 9, 1978
SUBJECT: NORMAN ADDITION, staff report dated May 3, 1978
The Engineering Staff and Planning Staff have met numerous times
with the proponents over the last month to resolve the drainage
and utility problems.
The proponents have met with the neighborhood association, and the
neighborhood association has found the cul-de-sac design,serving 6 lots,from
Evenston Road acceptable.
Attached is a Engineering Report dated June 9, 1978 on the
revised Norman Addition plat of May, 1978. Also, we have rerun
copies of the Planning Staff Report of May 3, 1978 for your information.
The Planning Staff would recommend the following:
1. Recormrendation of approval of the Norman Addition rezoning
from Rural to R1-13.5 as per the revised plan dated
May, 1978, and the Planning Report of May 3, 1978 and
Engineer's report of June 9, 1978.
2. Recommendation of approval of the Norman Addition preliminary
plat dated May, 1978, according to the Planning report of
May 3, 1978 and Engineer's report of June 9, 1978.
The revised Norman Addition plat, May, 1978 was in your May 26th packet
CC:j j
•
6/9/78
ENGINEERING REPORT FOR NORMAN ADDITION
Addendum to Planning Staff Report dated May 3, 1978 and update of June 8, 1978
Re: Revised Plan dated May, 1978
The Engineering Dept. has reviewed the revised plan and has the following
reconunenda ti ons:
1. Install an additional catch basin in the dul-de-sac,located at the
intersection with an extended side property line.
2. Install a continuous pipe (no permanent ponding area) from the
cul-de-sac to the pond and construct an inlet structure at the low
point in the area shown as Outlot A.
3. Grade an overflow swale along the proposed pipe, from the cul-de-sac
to the pond.
4. Dedicate a 20 foot wide drainage and utility easement along the pipe
alignment.
5. Lot lines should he extended into Outlot A with a drainage and utiliLy
easement granted to the City.
6. Extend the outlet of the pipe along Duck Lake Trail to the pond edge.
7. No floor elevation below el. 904.
•
•
•
•
•
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STAFF REPORT
TO: Planning Commission
FROM: Jim Jensen, Planning Assistant
THROUGH: Chris Enger, Planning Director
DATE: May 3, 1978
PROJECT: NORMAN ADDITION
APPLICANT: Dirlam Properties
LOCATION: North of Hidden Ponds I, South of Edenborough Addition,
and on Duck Lake Trail
REQUEST: Preliminary plat approval for 13 lots on 6.5 acres
Rezoning from Rural to R1-13.5
BACKGROUND
The parcel is designated on the 1968 Guide Plan as single family residential.
The current proposed updated Guide Plan also shows this area as low density
single faiaity residential. North and south of the proposal is Edenborough
and Hidden Ponds I Additions, both R1-1a.o subdivisions. Sterling Field ,
zoned R1-22. is directly to the east.
LOCATION MAP
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2-1
ZONING REQUEST
The proponent requests rezoning from Rural to R1-13.5 with no variances.
Lot sizes range from 13,650 sq.ft. to 22,475 sq.ft. with the average lot
being 16,513 sq.ft. The density of the proposed plat is 1.98 units/acre.
The following are provisions of District R1-13.5, Ord. 135:
30' front yard setback 13,500 sq.ft. minimum lot size
10-25' side yard setbacks maximum of 2 units/acre
(one side, both sides)
20' rear yard setbacks /6-)7
Staff Report-Norman Add. -2- May 3, 1978
TRANSPDRTATIDN '
Evenston Road will take access from Duck Lake Trail and connect to the
existing Evenston Road in Sterling Field. The street runs parallel to
and over existing sewer and waterlines. Park View Drive and proposed
Evenston Road will intersect Duck Lake Trail 150 feet apart, centerline
to centerline, which is the minimum separation allowed.
It is estimated that 110 vehicle trips per day (ADT) will be generated by
completion of the project . Duck Lake Trail presently has 3008 ADT just
west of Co.Rd. 4; and 1312 ADT just east of TH 1D1. The additbnal trips
should not significantly affect the traffic movement on Duck Lake Trail nor
Co.Rd. 4 and TH 1D1.
Sterling Field presently has 3 dead-end roads which abut the subdivision
outer boundary, (See Fig. 1). These 3 roads were originally platted in this
fashion to provide for future extension, both of Evenston Road to Duck Lake
Trail and of Loralee and Boyd Avenues to the south. This has in the past,
as well as present, been a planning procedure intended to provide good
through traffic movement and to prevent an l ocking developable adjacent
land. The staff recommends that Evens ton Road be extended through to Duck
Lake Trail and that a separate dead-end road not be established in development
I.
of Norman AJdition. j.
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Staff Report-Norman Addition -2b- May 3, I978
The staff estimates that approximately 80 homes could generate traffic
to the south that would affect the Sterling Field subdivision. The
outline on Fig. 1A illustrates the area north of Duck Lake Trail that
could conceivably travel through Sterling Field's streets to get to
the future Valley View Road. The staff feels that one additional access
through Norman Addition will serve to spread out the traffic that
would otherwise funnel through Loralee and Boyd Avenues to get south
to the future Valley View Road.
'PUD 70-2'= �'-1=-.. ra L
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Staff Report-Norman Add. -3- May 3, 1978
SOILS, TOPOGRAPHY, GRADING:
The topography on the site slopes gently from the northeast corner to the
south and southwest. A low area on lots 6 and 7 will have to be raised
in order to move stormwater to the holding pond at the very southeast corner
of the site. The southwest corner of the site drains north to the road and
west toward the holding pond.
The soils on the site are made-up primarily of the soils series Heyder,
(HeB,HeC, and HMB) and Lescuer (LtB). These soils are well suited for
residential development being loamy to sandy loam in texture. Bearing capacities
are fair to good, as is the soil's shear strength. Internal drainage will not
be a problem but erosion potential is fairly severe . Temporary erosion control •
structures should he implemented as per Riley/Purgatory Creek Watershed District
to prevent sedimentation of the holding pond. _
A portion of poorly drained soils extend into the south to southwest part
of the site. These Glencoe (Gc) soils are of a silty clay loam nature
with nodorately slow to slow permeability. This soil has severe limite:ions
for residential development due to the pour drainage, high water table and
fair to poor bearing capacity . Lots 1,2 & 3 , Block 2, and lots 6 and 7 ,
Block 1, are affected by the low, poor soils. The staff recommends that soil •
borings be taken on these problem lots prior to issuance of building permits .
to insure appropriate mitigative measures are taken to improve stability.
• SOIL MAP
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Staff Report-Norman Add. -4- May 3, 1978
VEGETATION
There are some evergreen trees planted in the northeast corne•of the site.
The developer has stated that some of these trees will be moved to help
landscape the individual lots. Other vegetation found on the site are
upland and transitional grass species.
STORM WATER DRAINAGE
The stormwater on the site mainly runs to the street. The proponent has dropped
the road elevation from 908.8 on Duck Lake Trail to approximately 902.6 in
front of lots 3 and 4, Block 2. The outlet elevation from the stormwater pond
is B98.94. According to the Engineering Department a 2 foot 'bounce' should
be allowed on the pond to accommodate periods of heavy rain; when the 18inch
outlet pipe cannot keep up with the amount of water flowing into the pond.
Therefore the catch basin in the "low area" ( see Figure 2), should be a
minimum elevation of 901 to allow the pond to temporarily raise Lo that
elevation with no adverse effects on the adjacent houses. Because the.s,.oim
pipe will be very close to the ground surface and coupled with the fact
that the pipes will be at minimum gradients, the developer has agreed to grade
in drainage swales ( See Fig. 2), in case pipes freeze during spring thaws,
etc.,to relieve stormwater build-up.
Drainage •easements will t 1 have to be or j' /'
tablished for
the storm pine / �� •and swales. �� ��, /
The staff realizes C _ /
that the stormwater ��
situation is a /,/� e 'M='4 f
tough one at j 1
con.
I L,t, '1 tel k � 1•of`,
dude that r`t- ' -
if this
land is to , •
� {
be develop x(=-"L=:= N—f--,ICv.Cc:rlot,<-,„a
ed the o,+sn+p:...wr. -
stormwater • ���
will have to ` �``='" T
be handled (nv o .Mal114in _,_il
in such a manner. weft' t—.ty,A;,wael'e
The Engineering Cu'v.r"y'
Department staff
has concluded that .
minimum basement dr
elevations shall be 904. Now!
Staff Reilort- Norman Addition -5- May 3, 1978
PEDESTRIAN CIRCULATION
The staff recommends that a trail be constructed in the right-of-way of
Duck Lake Trail and on the south side of the road. This trail will be
. consistent with those required in the Maple Leaf Acres Additions along
Duck Lake Trail and will be a major spine trail in the bikeway/hikeway
system. The trail shall be constructed ofconcrete according to City
Engineering specifications and shall be 5 feet wide.
Staff Report-Norman Addition -6- May 3, 1978
RECOMMENDATIONS:
The Manning Staff recorends approval of the following request contingent
upon the following:
1. Rezoning from Rural to R1-13.5.
2. Preliminary plat approval as follows:
A. Temporary erosion control be implemented during constructing
to prevent sedimentation into the adjacent holding pond as
per Riley / Purgatory Creek Watershed District recommendations.
Ground cover should be established prior to removal of erosion
barriers.
B. Stornavater plan shall be approved by the Engineering Department
constructed according to City Engineering specifications.
C. Soil tests shall be taken prior to issuance of building permits
to insure adequate bearing strengths or to indicate what
corrective measures must be taken. Minimum floor elevations
shall be no lower than 904.
D. A pedestrian trail shall be constructed on the south side of
Duck Lake Trail in the ROW. The trail shall be constructed of
concrete according to City Engineering specifications and feet wide.
E. All lots shall be subject to the cash park fee according to
Ordinance 332.
F. Provisions and setbacks of Ord. 135 shall be followed.
JEJ:jj
•
MINUTES
EDEN PRAIRIE PLANNING COMMISSION
approved
Monday, May 22, 1978 7:30 PM , City Hall
COMMISSION PRESENT: Chairman Sundstrom, Liz Retterath, Paul Redpath, William
Bearman, Richard Lynch, Matthew Levitt
COMMISSION ABSENT: John McCulloch's letter of resignation received and filed.
STAFF PRESENT: Chris Enger, Planning Director; Jean Johnson, Planning
Assistant
I. APPROVAL OF AGENDA •
The Planner requested the Commission to place the following two items
under New Business: 1. Vacation of portion of Ansden Hills Road
2. Vacation of portion of Homeward Hills Road
Redpath moved, Retterath seconded, to approve the agenda as submitted plus
the two items under New Business. Motion carried unanimously.
II. MINUTES OF THE MAY 8, 1978 MEETING,
Retterath moved, Redpath seconded, to approve the minutes as submitted.
Motion carried unanimously.
III. MEMBERS REPORTS
A. Chair..,
B. Others •
1. ['carman reported he had the Planning Staff research hack minutes,
etc. , related to other circumstances whereby Preserve residents have •
complained about misrepresentation of surrounding land uses. He
requested to have the June 8, 1976 letter to Chairman Don Sorensen
attached as part of the minutes. The Comnission agreed, •
2. Retterath informed the Commission she would be unable to attend the
June 12 and 26 meetings.
IV. REPORTS AND RECO'IMENDATIONS
A. Norman Addition, by Norman Clark and Dirlam Properties. Request for
rezoning from Rural to R1-13.5 and preliminary plat approval of 6.5 acres
into 13 lots. The site is south of Duck Lake Trail at 18061 Duck Lake
Trail. A continued public hearing.
The Planner informed ticCcmmission the staff has met with the developer and 2
residents of Sterling Field in an attempt to resolve the access and utility problems.
He stated a revised plan is being studied to determine its feasibility, and suggested
the Contni'ssion continue the public hearing to June 12th at which time the staff
report should be corpiete.
Redpath inquired if the revised plan would incorporate storm water assessments to
be shared by the Sterling Field residents. The Planner replied the developer may
assume the total cost, but is unsure at this time.
tint l rin
Rcdpath moved, Retterath seconded, to continue the Norman Addition public hearing •
to June 12th meeting. Motion carried 5:1 with Lynch voting nay.
Minutes — }arks, Rec. and :approved
Natural Resources Commission - 3 — Monday, May 15, 1978
a. 2iijasboroveh I (cont'd)
AMENUPlT TO THE POTICH: Garens moved to amend the notion to include that
this Commission approves the Hillsborough I proposal, and that the joint
agreement to be reached between the Staff and Pr. Johnson, or the Preserve,
be no more restrictive than present Creekwood restrictions and the Preserve
covenants. Motion and second were withdrawn.
1h•. Johnson spoke to the two readings by the Council and the opportunity by
the Commission to disapprove if the restrictions are not satisfactory.
Lambert explained that this proposal was not inconsistent with the Purgatory
Creek Study, and the only restrictions act forth are the strict enforcement
of setbacks and controlled access.
MOTION: Garens moved to recomend to the Council, the approval of Hillsborough I,
with the understanding that the Staff and l•ir. Johnson, representing the rrero ve,
meet to work out plans for the conservancy and transition zones that will comply,
but not be more then, the restrictions set forth by the Preserve's covcim nt and
at the Creekwood development, Edenvale; and to be brought back to the Coiesission
before the second reading by the Council. Dick Anderson seconded.
DISCUSSION: Dick Anderson spoke to "visual alterating encroachment" as defined
i.n the Purgatory Creek Study, and asked whether there was any dedication included
in the proposal. Lambert responded that the developer is responsihl.e lei• the
transition zone and must justify his plans for the area. He added that Outlet A
would be dedicated and they would pay the "cash park fee".
Pruell naked whether check sheet will identify problems such as this. Lambert
was unsure, but agreed that wo could ask the question on whether other projects
done at Purgatory Creek were consistent with proposals brought in for consider—
ation.
VOTE: The motion carried, David Anderson, Garens, Johnson, Kruoll and Targen
voted "ayo"; Dick Anderson and Fifiold voted "nay".
Dick Anderson objected to tho motion because he felt we should not approve the
proposal until we know what we are giving them approval to do.
b. Norran Addition
Lambert spoke to the proposal located off of Peek Lake Trail and to the Planning
Staff report of Pay 3, 1978, explaining that the two major Conaisaion concer;is,
the pedestrian circulation and "cash park fee" have been addressed and that he
hnd no further additions or comments.
Tengen n::ked whether the bike trail. n]ong Duck Joke Road would be continuous
or would there be gaps. Lambert spoke to the hik.ewey/hikoway Task Forco Report
and to designation of Duce, Lake Trail as a spinal trail, and that eventually
the City will buy the land needed to fill in the gaps along the trail.
Minutes - Parks, Roc. and approved
Natural Resources Commission - 4- Monday, May 15, 1978
b. Norman Addition (cont'd)
Commissioners expressed concern for the durability of the asphalt
constructed theils City.and
Llambertsrespond d that hthe main ttrailse lcould
required by
be 8', and the trails leading to those trails could be 51.
MOTION: Krucll moved to recommend approval of the Norman Addition to
the Council, in accordancewith the Staff Report of May 3, 1978, with
the exception that the trail along the south side of the project be
8' wide. Garen seconded, motion carried unanimously.
3. Eden Prairie Stables
•
Chairman Anderson requested that Commissioners direct comments to the pro-
_ posal, and asked Mr. Lorenz, Eden Prairie Stables, for any last comments. .
Lorenz questioned point no. 12 of the memo regarding the construction of ,3
a 34'x 200' addition when leasing fees would amount to the estimated construc-
tion costs, explaining that the high rate of inflation in construction would
prohibit the building of the addition for fifteen years. He spoke to direction
by the Council last year to make the operation worthwhile, and to approval by ,.
Minneapolis and Metro Council for such a facility.
Tangcn expressed concern with the location of the riding trails, and objected
to trails along the lei:ec;here. Lorenz responded that they did not want trails
along the lakechore.
Lambert spoke to the two most significant points of tho proposal: estimate
of v27,000 to build the addition and the *r700 per month rental fees over a
ten year period, which would retire debt service.
Kruell questioned what percentage of Bryant Lnko Park the present stable and
proposed horse trails cover. Lorenz responded approximately 20%.
q[�
Tangen asked whether the sleigh rides on the lake during the winter months
would take place. Lorenz assured the Commissioners that this had been din-
continued, end usually that only happened at livery stables. f�,
MOTION: In en effort to help move the question along, he moved to recommend f
to the Council the sale of the approximately 20% of the present land in t,.j
Bryant Lake Park for a sum not less than C2,000,000, with the land to be used p
as stables for a riding eperntion. The motion died for the lack of a second. .
iruol.l felt that this operation should bo privately operated, and that use by
only 1.4+ of tho population farther emphasized this point. f
Pick Anderson pointed out that canoe, bike and horse rentals worn allowed in
otato try.
uoll felt
typeofarks leaselrrequired inronehout othatlttypo ofroperation thanhn what we are wan a cconsidering
presently.
IWO
approved
Minutes-Planning Commission -4- MAy 8, 1978
D. Norman Addition, by Norman Clark and Dirlam Properties. Request for rezoning
from Rural to R1-13.5 and preliminary plat approval of 6.5 acres into 13 lots.
The site is south of Duck Lake Trail at 18061 Duck Lake Trail. A continued
public hearing.
•
The Planner reported the proponents and City Engineering staff have met on the
storm water plans for the area, but todate no resolution has been achieved and
the staff is waiting for further information from McCombs-Knutson.
The Planner then outlined the present and anticipated traffic flows in the Northwest
corner of the City, and the 3 stubbed roads within Sterling Field which were intended
to continue as access to adjoining properties and not cul-de-saced. The Planner did
not believe unreasonable hazards would result if Evenston Road is continued .
Mr. Iverson, 17971 Evenston Road, objected to Evenston continuing to Duck Lake
Trail and requested only two cul-de-sacs serve Sterling Field. The Planner stated a
through street would be beneficial for fire and safety vehicle access.
Kay Frick,17954 Evenston Road, objected to the through traffic if Evenston is
continued, especially if the high school is built at Round Lake.
•
Warren Meyers, 6980 Loralee Lane, did not believe a 12 inch pipe would be
adequate in the storm water plan. The Planner replied the Engineering staff is
recommending a 12 inch pipe with graded-in overflow swale , and such plans are
being checked by McCombs-Knutson.
Mr. Peterson, Dirlam Properties, stated the through street proposed is consistent
with the in-place utilities, but if the site is served by cul-de-sacs the
Sterling Field residents should be willing to pay their fair share as it would
handle their runoff.
Mr. Meyers did not believe the design of the homes in the new poposal would
integrate with the existing Sterling Field neighborhood, or that Sterling Field
needs a third access point to Duck Lake Trail.
Martha Seversen, 17771 Duck Lake Trail, objected to the idea that Round Lake
Park and the Prairie View Park will serve the new residents as she felt the
residents would use Sterling Field's park instead of traveling the extra
distances to the other two parks.
Redpath believed the item should be continued until the storm water isssue
is resolved.
Motion: '
Redpath moved, Retterath seconded, to continue the Norman Addition public hearing
to May 22.
•
Discussion:
Beerwan and Levitt felt the land use recommendation could be !made on this project
with approval contingent upon approval of a storm water plan.
Vote: Motion failed 2:3:1 (Redpath & Sundstrom voted aye, Bearman & Levitt & Lynch
'voted nay, and Retterath abstained).
Motion:
Bearman moved, Lynch seconded, to close the public hearing on Norman Addition.
Motion carried 5:1 with Sundstrom voting nay.
i40 0'1
,approved
Planning Commission Minutes -5- • May 8, 1978
Motion:
Bearman moved, Redpath seconded, to recommend to the City Council approval of the
rezoning from Rural to R1-13.5 based on the plan dated March, 1978, or a plan
contingent on the proponent's cul-de-sac alternate(serving the site with 2 cul-
de-sacs and having Sterling Field assume their fair share of the sanitary storm
sewer), and that the sanitary storm sewer runoff from Sterling Field through the
proposed Norman Addition is acknowledged by the City staff, the proponents, and
Sterling Fields' residents; and based upon the staff report of May 3, 1978.
Discussion:
Lynch expressed concern that the Conmission is approving the contingent plan without
knowing what it will look like.
Vote: Motion carried 4:0:2 with Lynch and Sundstrom abstaining.
Chairman Sundstrom suggested the Commission continue the preliminary plat since
2 alternatives are possible.
Motion:
Levitt moved, Redpath seconded, to reopen the public hearing on Norman Addition
and continue the public hearing to May 22. Motion carried 5:1 with Lynch
voting nay.
E. Lund Interim Use Request, request for an office interim use at 7928 Eden
Road. ---- -The Planner located the site in question South of Lake Idlewild and North of Fden
Road in the Major Center Area. He stated the Building Inspector has cheri,ed the
house for safety and fire code conformance.
Lynch inquired what would happen to the property after the proposed 5 year interim
agreement. The Planner believed the City could either terminate the use agrechnent,
the structure could revert to single family, or an application for rezoning could
be applied for.
Bearman asked if any further information has been received from the Council relative
to a transition ordinance to assist the City in reviewing such interim use requests
as asked by the Commission previously. The Planner replied after the guide Plan
is adopted 8 ordinances arc updated , the City would be developing such criteria if
necessary.
Lynch questioned if similar interim use permits would be possible along Eden
Road besides Bermel/Smaby's and therequested Lund use. The Planner believed it
would be possible.
Lynch expressed concern that no specific uses are being proposed.
Sundstrom believed since the site is located in the MCA and will eventually be
commercial, the interim use would not be spot zoning.
Redpath believed since the agreement would have a five year limit, the City could after
that time reevaluate the request.
Motion:' Redpath moved, Retterath seconded, to recommend to the City Council approval
of the Lund Interim Use Permit contingent upon the staff report of May 4, 1978 with a
plea to the Council to adopt guidelines for reviewing interim and transitional uses
in the MCA. Motion carried 4:0:2 with Lynch and Bearman abstaining.
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rlt/jh 5/25/78 DRAFT
Flying Cloud Airport
Commission
CITY OF EDEN PRAIRIE:
ITh4NEPIN COUNTY, MINNESOPA
ORDINANCE NO. 78- 36
ORDINANCE ESTABLISHING THE FLYING CLOUD AIRPORTS OOPR'IISSICXV
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DORS ORDAIN AS FOUL S:
Section 1. Subdivision 1. There is hereby created the Flying Cloud
Airport Commission for the City of Eden Prairie, Minnesota consisting of
seven nimbers to be appointed as follows: Three members to be appointed for
a term of three years; two members for a term of two years and two members
for a term of one year. All appointments are to be made by the Mayor with
the approval of the City Council. Subsequent appointments shall be made
for three year terms or until successors are appointed and qualified.
Subdivision 2. Members of the Commission shall serve without canpensation
and their respective terms of office shall expire at the end of the time for
which they are appointed.
Subdivision 3. Immediately following appointment of, and acceptance of
such appointment by all members of the original Commission, it shall meet and
organize by electing such officers as may be necessary, and adopt such rules,
by-laws and regulations for the conduct of its work as it deems necessary and
advisable. The Commission shall meet at least once each month. Three members
present at a regular or special meeting of the commission shall constitute a
quorum.
Section 2. The Commission shall advise the City Council with regard to
all matters affecting the Flying Cloud Airport, the classification, rules and
A'�'
1
regulations supplied to the operation of that airport and the develo)Znent
. of lands adjacent to said airport.
Section 3. The commission shall cooperate with the Metropolitan Airport
Commission staff in reviewing for the benefit of the City Council matters
affecting the use and control of Flying Cloud Airport and shall make its
recamre dations to the City Council upon request with regard to any proposal•
affecting the use or operation of Flying Cloud Airport.
FIRST REAL) at a regular meeting of the City Council of the City of
Eden Prairie this day of , 1978 and finally read, adopted
•
and ordered published at a regular meeting of the City Council of said City
on the day of , 1978.
Wolfgang H. Fenzel, Mayor
ATTEST:
John D. Frane, City Clerk
Published in the Eden Prairie News on the _ day of , 1978.
r.
ki71 -2-
POLICY STATEMENT
OF THE
MINNEAPOLIS-SAINT PAUL AREA
METROPOLITAN AIRPORTS COMMISSION
The Commission has received a request for approval of a Citizens Advisory
Committee from the City of Eden Prairie. The purpose of this Committee is
to improve the communications between the Commission and the City and to
discuss Flying Cloud operations as it affects the City. The Commission
supports such a concept, however to avoid an unmanageable workload it
is deemed necessary to establish a policy for this type activity.
Accordingly, the following general guidelines are adopted by the Commission
to determine the adviseability of participating in community advisory
committees:
1. At those airports where there are several communities
•
affected by airport operations, the Commission will
participate in one joint citizen/user committee for
the airport.
2. Due to the extensive airport system operated by the
MAC and the limited manpower, the commitment of the
Commission must not exceed one scheduled quarterly
meeting for each airport.
3. The Commission will be represented by Commission
member or staff to be appointed by the Chairman
or Executive Director as appropriate.
4. The Commission will review and act upon each request •
through Committee to Commission.
•
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ILMA
r1t/jh 6/1/78
Prairie East 8th & 9th
CITY OF EDEN PRAIRIE
HENNEPIN OOUNTY, MINNESOTA
ORDINANCE NO. 78-23
AN ORDINANCE RELATING TO ZCNING 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 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
darter 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 of 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 duyrees 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 cast, 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
Outlet C, Prairie East 2nd Addition, according to the recorded plat
thereof, (Prairie East 8th Addition)
which property shall be and hereby is removed frcm Rural zone and shall be
included hereafter in the RM 6.5 zone.
.r.
103
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 terns
and conditions of that certain Rezoning Agreement dated , 1978
entered into between HUSTAD DEVELOPMENT 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
•
RM 6.5 zones.
Section 4. 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 said City on
the day of , 1978.
Wolfgang Penzel, Mayor
ATTEST:
John D. Franc, City Clerk
•
Published in the Eden Prairie News on the day of , 1978.
-2-
Prairie East 8th & 9th
June 30, 1978
•
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 made a part hereof, ("the property"), and
WHEREAS, Owner agrees to lay out, develop and maintain the property
in consideration of the change of zoning as hereinafter set forth.
NOW THEREFORE, in consideration of the City adopting Ordinance 78-23
changing the zoning from Rural to RM 6.5 Dwner shall construct upon and improve
the property in accordance with the planning, architectural, engineering, and
landscaping requirements of all City ordinances and will submit development
stage plans to the City, and further covenants and agrees as follows:
1. Owner shall develop the property according to the approved
preliminary plats of March 14, 1978 and May 8, 1978, copies
of which , entitled Exhibit B, are attached hereto and made
a part hereof, for 160 townhouse units.
2. Owner shall develop two outside recreational facilities (one
for the 8th Addition and one for the 9th Addition), with
playground uses and structures. The recreational facilities
shall be graded and seeded by Owner and located away from
any bodies of water. Owner shall cause the recreational
facilities to be owned and maintained by an association of
which all owners of townhouse units may be members.
3. A 9 acre park site south of Buckingham Drive shall be dedicated
to the City and the Owner shall grade and seed entire park site
in accordance with the City site plane, Further, the Owner shall
construct a play structure and a back stop on the site.
/i•'i
•
Prairie East 8th & 9th Addition
page 2
4. The Owner shall dedicate a total right-of-way width of 60 feet
from and along the centerline of CSAH 18 for that portion of
CSAH 18 adjacent to proposed Prairie East 8th & 9th Additions.
5. All access from the property to CSAH 18 shall be via existing
Linden Drive. Any planned revisions of LindenDrive/Co.Rd. 18
intersection will require a new entrance permit application.
6. Owner shall construct turn lanes on Co. Rd. 18 according to
Hennepin County Highway Department requirements.
7. Plat approval shall be subject to Owner's correction of drainage
in conformance with Hennepin County Entrance Permit No.1452• ,
and upon Owner's repair of the damaged shoulder areas:.
8. Owner shall submit plans to Riley-Purgatory Watershed District
with grading and land alteration permits for approval. Alter-
ation shall be staged so as to minimize the effect on waters
of the District. Further, Owner shall submit a plan outlining
the control of erosion during and after construction and,
development of the site.
9. Owner shall submit for City Engineering Department approval plans
depicting the ownership and maintenance of utility lines and service
prior to approval of the final plat.
10. Owner shall submit to City Planning/Engineering Departments for
their approval, plans depicting the approved siting of all
buildings and streets prior to approval of the final plat.
11. Owner shall submit a finalized development plan, prior to approval
of the final plat or issuance of building permits, to depict pro-
posed grading, storm water drainage areas and direction of flow,
preliminary utility plans, pending and floodplain high water levels
for 1OD year storm, and minimum floor elevations for all buildings.
12. The 8th and 9th Additions shall be subject to City Cash Park Fee
as per Ordinance 332 at the rate of $200 per unit.
13. The Owner shall submit to the City Staff, prior to approval of the
final plat, for review and approval, the Articles of Incorporation
and Bylaws of the Homeowner's Association of which owners of the
townhouse units may be members and the declarations applicable to
the property. All documents shall be properly filed.
/f. , 1,
Prairie East 8th & 9th Additions
page 3
14. Owner shall construct a sidewalk along the west side of
Linden Drive , as depicted in figure 2 of the March 20, 1978
staff report, attached hereto as Exhibit C. Said sidewalk
shall be 5 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 excavate all areas of poor soils to an appro-
priate depth and backfill and compact them in order to
provide lots requiring only normal foundations.
16. Owner shall preserve natural vegetation and landforms where-
ever 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 August 1, 1978. Oak trees which are subject to grade
changes should be removed during construction to avoid more
costly removal later according to City Forester's recommenda-
tions.
18. Owner shall improve storm water drainage system between 1st and
2nd Additions per City Engineer requirements. Said improvements
shall be completed 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. Owner shall submit noise abatement plan for the proposed
additions for City and County Staff review and approval prior
to final plat approval.
21. City grants Owner variance from Subd.2.7 , items 1),2),3) &
4) of Ordinance 135 requiring construction using face brick,
natural stone, specially designed concrete units, or prefinished
metal.
22. City grants Owner variance from the 50 foot setback from CSAH 18
to 40 feet from new right-of-way subject to approved noise abate-
ment structures.
23. City grants Owner variance from the required 30 foot front
yard setback to 20 feet providing no unit driveways take access
directly from public street.
/G/•; 11,
Prairie East 8th 9th Additions
page 4
•
24. The City Engineer's reports shall be complied with and
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
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 speci-
fications shall also be delivered to 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 a bond or letter of credit in such form
as shall be approved by the City and which guarantees
completion of construction and payment of costs thereof
in an amount no less than the estimated costs of construction
plus 20r on all street and/or utility systems to be owned and
maintained by the City. The City shall accept such street
and/or utility systems subject to the recommendations of the
City Engineer and subject to receipt by the City of Owner's
warranty, guarantying such systems against any defects
therein for a period of at least two years, together with
a bond or letter of credit in the amount of 25% of the costs for
such systems in such form as shall be acceptable to and
containing such further terms as shall be required by the City.
25. Owner shall develop the property in conformance with the plat
dated January 1978, Exhibit B. Owner shall promptly file
this agreement with the Register of Deeds and supply the City
Clerk 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 the agreement.
26. If Owner fails to proceed in accordance with this agreement
within 24 months or provide proof of filing in accordance with
paragraph N 25 herein, Owner for itself, its successors, and
assigns agrees that it will not oppose a rezoning of the
property back to Rural.
27. Owner shall comply with all applicable rules, regulations,
ordinances, and laws of the City of Eden Prairie.
28. The provisions of this agreement shall be binding upon and
enforceable against Owner, its successors, and assigns of the
property herein described.
Prairie East 8th & 9th Additions
page 4b
29. A 20 foot wide access easement in the 8th Addition shall be given
to parcels 3207 & 3201 , as shown on Exhibit B, a copy
of which must be submitted to the City Engineering Department
prior to final plat approval.
30. Utility access in the 8th Additionshall be provided to parcels
3207, 3201, and 2840 as shown on Exhibit B according•to
City Engineering recommendations prior to installation of
utilities or final plat approval which ever occurs first.
31. Drainage and utility easements shall be dedicated to the City
over all private streets and in areas containing public
utilities for maintenance of public utilities not including
street maintenance.
Width and final location of these easements to be determined
according to City Engineering recommendations prior to final
plat approval.
•
•
1-.. ." 1
,:1
Prairie EAst Bth & 9th Additions
page 5
IN WITNESS WHEREOF, the parties of 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 corporation on hehalf of said corporation.
•
Notary Public
HUSTAD DEVELOPMENT CORPORATION, a
Minnesota corporation of the State
of Minnesota
BY:
Its •
BY:-— ------------Its
-- ---- —
The foregoing instrument was acknowledged before me this __day of
]97B by — -- — — the , and by
the , on behalf
of said corporation.
Notary Public
�r>
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
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 fret 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 cast, 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 cast 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.
•
•
•
•
•
EXHIBIT A
—Prairie EAst 8th & 9th Additions Rezoning Agreement
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•
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EXHIBIT C .
Prairie East 8th & 9th Additions Rezoning Agreement
MEMO
TO: Mayor Penzel and Members of the City Council
THRDUGH: Roger Ulstad, City Manager
FRDM: Carl Jullie, City Engineer
DATE: June 3D, 1978
SUBJECT: Lotus View Drive Right-of-Way Acquisition
I.C. 51-321
Since the May 2 public hearing for the proposed street improvements on
Lotus View Drive. We have had several meetings and phone conversations
with the residents involved in an attempt to secure commitments for
right-of-way dedication as required by the City Council as a condition
of ordering the improvements. _
To date we have such commitments from the Irvines and Audrey Buss. The
attached letter, dated June 21, 1978, to Mr. and Mrs. Shea, outlining the
conditions we are proposing for a settlement with the Sheas. If approved
by the Council, the Shea proposal will increase the assessment rate of
the street portion by about 7% because of the deletion of one unit of
assessments.
It is also proposed to shift the road alignment to the south by about five
feet, thus reducing the right-of-way taking on the north side from 25 feet
to 20 feet. We believe that this will satisfy the concerns of the Spandes
and Meyers. It is anticipated that by Wednesday evening all the necessary
right-of-way commitments will have been received.
It is recommended that the City Council approve the proposed Shea agreement
and order plans and specifications if all right-of-way commitments are
secured by the Wednesday, July 5, Council meeting.
CJJ:kh
Attachment
/'^'04
(:7)1rjf
r�
�J
1-"Ty OFFICES/8950 EDEN PRAIRIE ROAD/EDEN PHAIHIE,MINNESOTA 55344/TELEPHONE(612)941"2262
June 21, 1978 tG`r-f`
Mr. and Mrs. Peter J. Shea
6991 West 192nd Avenue
Eden Prairie, Minnesota 55344
Re: Lotus View Drive Discussions
Dear Mr. and Mrs. Shea:
In response to your letter of May 10th, 1978, and based upon conversations
with the Consulting Engineer, Mr. Lary Gardner, this letter is to document
the City Staff's position relative to acquisition of a portion of your
property for the Lotus View Drive right-of-way.
As%'ras explained to you by Mr. Gardner, every attempt is being made to treat
all parties involved in a uniform manner. In addition, it seems some aspects
of your involvement are unique in that there is a possibility to subdivide your
property at some future date. Therefore, the remainder of the proposal deals
primarily with the position of the City with respect to a potential future
lot split. It is our current understanding that in response to your letter
it would seem you are willing to dedicate the requested 25 foot wide ease-
ment for Lotus View Drive if the following conditions are met:
1. All curleut assessments proposed would be levied for a single parcel
or unit and no double assessment would be made at this time in antici-
pation of a future lot split. It is assumed that at such time as the
lotwere to be split those unassessed benefits would be collected as
part of that action.
2. The street alignment will be adjusted such that the curb line of the
new roadway will he coincident with the current edge of the gravel
surface as it abuts your property.
•
3. The proposed lot to be split is essentially 121 feet wide x I24 feet
deep after right-of-way. This lot of I5,004 square feet sleets fully
the R13.5 zoning classification. This zoning classification is
consistent with other lots being subdivided in the area at this
time. As the City Staff, we would recol::mend that the Council agree
that this is an acceptable buildable property under the R13.5
classification at such time as the improvement is ordered.
4. All construction, particularly with respect to the storm drainage
easement, would be restored to a condition as good or better than
currently exists. This is an integral part of all City construction
projects.
5. In accordance with discussions to date a payment would he negotiated
for the storm sewer easement.
44r
10/7
•
6. A summary of assessments, as requested in writing, is as follows.
The sanitary sewer lateral, watermain lateral, trunk sanitary sewer,
and trunk watermain costs would be collected for the potential newly
created lot at such time as the lot split is accomplished and
approved. •The ral.es are based upon a common figure utilized
throughout the City. The figures given below are for the current
1978 experience.
Sewer and Water Lateral
$5100 - $1300 Street Restoration Credit = $3,800
Trunk Sewer and Water Facilities _ $ 688
$2000 Per Acre x .344 Acres
Street Assessment (Estimated) _ $2,700
The above listed assessments proposed to be collected at the time of
a lot split are current figures for the sewer and water and
are estimated figures for the street. It is the proposal of the. City
that the sewer and water portion of the assessment benefit would
continue to be escalated in accordance with City practice for the
benefits received by the newly created lot for sewer and water
service. It is further proposed that the street assessment would not
be upgraded by any index but would remain constant at the amount
established during the assessment hearing. This is currently
estimated to be the $2,700.
7. Finally, with respect to drainage, only those portions of property
which drain to the Lotus View right-of-way would be assessed for
drainage and the current estimate is 4.5 per square foot. At this
time it appears the property proposed to be split to create a new lot
consists of 9680 square feet, resulting in an assessment estimated at
this time of $435.60. It would be our proposal to treat your entire
lot in the same fashion that all other lots within the subdivision
area are being treated and to assess the $435.60 at the time of the
assessment hearing.
Hopefully the above stipulated understanding constitutes an appropriate
response to your concerns. Please contact me with any questions or
comments you may have. If the above is satisfactory, please return the
notice of request of your intentions relative to dedication of the right-
of-way and feel free to add this letter as a condition to that agreement.
Sincerely,
Carl Jullie,
Eden Prairie City Engineer
ee
1671
a
MEMO
TO: Mayor Penzel and Members of the City Council
THROUGH: • Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: June 29, 1978
SUBJECT: Chanhassen DL-1 Sewer Service Agreement
The City Council has previously considered the attached sewer service agree-
ment with the City of Chanhassen, as drafted by Mr. Perbix. At that time
the Council requested that the agreement be modified such that Chanhassen
would be subject to the same reserve capacity as required for Eden Prairie
hookup.
The Chanhassen staff asked that we reconsider this request because Chanhassen
is also subject to reserve capacity charges as imposed by the Metropolitan
Waste Control Commission. This was confirmed with Mr. Ray Odde of the MWCC.
Mr. Odde stated that, accordingly, the MWCC would not impose the additional
charge on the City of Chanhassen.
To date the connection to the Eden Prairie system permitted by the agreement
has been completed and Chanhassen has paid to Eden Prairie the sum of S13,054
in accordance with the payment schedule attached to the agreement.
It is recommended that the Council consider approval of the 12/5/77 draft of
said sewer service agreement.
CJJ:kh
Attachment
Ate
109
whp/jh 12/5/77
EDEN PRAIRIE - CHANHASSEN
SANITARY SEWER SERVICE AGREEMENT
EAST LCTUS LAKE/DUCK LAKE AREA
THIS AGREEMENT, made and entered into by and between the City of
• Chanhassen, hereinafter referred to as Chanhassen, and the City of Eden
Prairie, hereinafter referred to as Eden Prairie, municipal corporations
under the laws of the State of Minnesota;
WITNESSETH, that in the exercise of their powers pursuant to the Joint
Powers Act, M.S. §471.59, and in consideration of the mutual covenants herein
contained, the parties hereto recite and agree as follows:
SECTION 1. RECITALS.
1.01. Eden Prairie Sewer System. Eden Prairie owns and operates a
municipal aitary sewer disposal system, and has constructed the Deck Lake
Trunk Sewer extension to said system in the vicinity of State Trunk Highway
1)101. and the Eden Prairie-Chanhassen boundary; that said Duck Lake extension
has been designed and constructed to convey sewage effluent to the Metropolitan
•
Waste Control Commission interceptor sewer located in the City of Minnetonka.
1.02. Proximity to Chanhassen. Said Duck Lake Trunk Sewer is so located as
to afford availability of sanitary sewer service to that abutting Chanhassen
sewer service area as outlined in red on Exhibit A hereto attached, which
exhibit is by reference incorporated herein and made a part hereof, said
area being designated as the East Lotus Lake area on said exhibit.
1.03. Central Purpose. The purpose of this agreement is to set forth the
terms, conditions and charges governing the connection and use by Chanhassen
and its residents of the Eden Prairie Duck Lake Trunk sewer system in said
Highway #101 area.
SECTION 2. CONNECTION.
2.01. Connection. Eden Prairie agrees to permit Chanhassen to connect its
East lotus lake sewer mains serving the Chanhassen service area shown on
Exhibit A to the Eden Prairie Sewer system, said connection to be with the
Duck Lake Trunk Sewer in accordance with the terms and conditions of this
agreement, and for the purpose of conveying East Lotus Lake sewage effluent
to said Metropolitan Waste Control Commission interceptbr sewer. Said Duck
Lake (D1.-1) Trunk sewer is shown on attached Exhibit B.
J
SECTION 3. CONNECTION CHARGE.
3_01. Connection charge and Payment. In full consideration for the grant
by Eden Prairie of permission to Chanhassen to connect the East Lotus Lake
sewer mains to the Duck Lake Trunk sewer and for the conveyance of sewage
effluent through said trunk sewer to said Metropolitan Waste Control
Commission interceptor sewer, Chanhassen agrees to pay Eden Prairie the sum
of Sixty-one Thousand and no/100ths Dollars ($61,000.00), in thenenner and
at the times following, to-wit:
$6,100.00 in cash, the receipt of which is hereby acknowledged,
and the balance of
$54,900.00 payable in equal annual installments of principal
in the amount of $3,660.00, commencing on the 5th
day of January, 1978, and on the 5th day of January
of each and every year thereafter until January 5,
1993, on which date the remaining principal balance
plus any accrued interest shall be paid. In addition
to the aforesaid principal payments, Chanhassen shall
pay interest- annually at the rate of six percent (6%)
per year on the unpaid principal balance; said
interest payments shall be due and payable on the 5th
day of January of each „sr hereafter until the entire
principal balance shall have been paid. Interest on
the unpaid principal balance shall continence to accrue
on January 5, 1977. Chanhassen shall have unlimited
prepayment privileges in any amount at any time.
Sec attached schedule of payments.
SECTION 4. GENERAL CONDITIONS.
4.01 perationand Maintenance. Eden Prairie agrees to operate its Duck
Lake Trunk Sewer collection system in an efficient manner so as to provide
the Chanhassen East Lotus Take area with adequate sanitary sewer service
to the said Metropolitan Waste Control Commission interceptor. Said
operation shall. he in conformance with Joint Use Rental Contract No. 438
between the City of Eden Prairie and the MWCC. Such operation and maintenance
shall be the normal cleaning and flushing operation associated with sanitary
sewers. It is understood and agreed that after the expiration of the 40-year
anticipated life of the Duck Lake Trunk Sewer constructed by Eden Prairie,
the costs involved in any major repairs required shall he shared by both
parties on a mutually agreeable basis.
Both parties shall operate their sewer lateral system which discharges into
the Eden Prairie Duck Lake Trunk Sewer in conformance with all applicable
requirements and regulations of the MCC.
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Chanhassen shall prohibit the introduction of dirt, sand, grease, petroleum,
combustible materials, acid, and any other corrosive or damaging substance
or substances producing noxious odors into any part of the sewer system
connected with the Eden Prairie Duck Lake sewer. If any such substance is
inadvertently introduced into said system, Chanhassen shall give immediate
notice to Eden Prairie, specifying the substance and the amount and source
thereof. Chanhassen shall take such action as is necessary to stop the
introduction of any such substance into the system.
4.02. Maximum Rate of Discharge and Infiltration. The maximum rate of
discharge into the Duck Lake Trunk sewer from Chanhassen shall be limited
to 1.1 cubic feet per second. Infiltration into the Chanhassen lateral lines
shall not exceed 100 gallons per mile per inch diameter per day.
4.03. Annual Connection Renort. Prior to January 10 of each year, Chanhassen
shall report to Eden Prairie the number, type and date of all connections
added during the previous year.
•
4.04. Perpetual Duration. It is the intent of the parties hereto that the
within agreement shall be of perpetual duration.
4.05. Successors in Interest. This agreement shall be binding upon the
parties hereto, and their respective successors or assigns.
4.06. Execution. Each party warrants and affirms that the within agreement
was duly authorized by its City Council and executed by its Mayor and City
Manager pursuant to Council resolution duly adopted, and each party shall
file with the other party a certified copy of the resolution approving the
execution of the within agreement.
Dated this — day of , 1977.
CITY OF CHANHASSEN
ATTEST:
BY: __
City Manager (SEAL) Mayor
CITY OF EDEN PRAIRIE
ATTEST:
BY:
Mayor
City Manager (SEAL)
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'�9 NORTH SERVICE AREA f#
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__LAKE AREA __-_--- .. 0 L PROPOSED LIFT
TRUNK SEWER 0 TATIGN ND 12
PROPOSED GRAVITY TRUNK SEWER--•-� t CCINNECT TO EXIS'.ING
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PROPOSED FORCE MAIN »»••••»• ���
SERVICE AREA BOUNDARY -r-- /7 f
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>Cl/OEI_L f3 MnDSON INC. -- - -`` T1Il{ "T 101 i./�. �A:1
FNuIN[ERS a SURvE1OHS 1.2.
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5(At F L,, /000 w.TF• t.PRII IS76 �I--/)/' 1n- /�/`,‘
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Al PAWAI NI__ _ 1 4,900.00 1 G.00 I 3660.00
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1 32 94.4;0 3660.00
3660.00 51240.00 6,9}4.14
3074.4 0 4 t514 O.00 6. 734.4.80
3 2654.80 3660.00 43920.0 6,514.80
4 2635.2U 3660.00 4 02 61).00 6,295.20
5 2415.60 3660.00 36600.00 6,075.60
6 2196.00 3660.00 32940.00 5,856.00
7 1976.4 0 3660.00 29280.00
B 1756.80 3660.00 25620.00 5,416.80
9 1537.20 3660.00 21960.00 -51,197.20
10 131 7.60 3660.00 18300.00 4,977.60
11 . 1098.00 3660.00 1 4640.00 4, 758.00
12 878.40 3660.00 10980.00 4.538.40
13 658.80 3660.00 1320.00 4.318.140
14 439.20 3660.00 3660.00 4,099.20
15 219.6C 3660.00 .00 3'879.60
'UT 26352.OJ 54903.00 81,252.00
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July 5, 1978
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 78-124
•
RESOLUTION SETTING HEARING FOR VACATING
PART OF TR. U, RLS #783
WHEREAS, a petition has been received requesting the vacation
of a portion of Tract U, RLS #783.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council
as follows:
1. A public hearing shall be held on the 1st day of Aug., 1978,
at 7:30 P.M. at the Eden Prairie City Hall to consider the
vacation of the 50' wide cul-de-sac portion of Tract U,
RLS #783.
•
2. The City Clerk shall give proper legal notice of such hearing
as required by law (2 weeks published and posted notice).
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Tirane, Clerk
PETITION FOR STREET VACATION I
Mr. Jullie
City Engineer
Eden Prairie, Minnesota .
Subject; Vacation of Outlot 01R_L.S. 783__.___
Dear Mr. Jullie:
Please initiate the necessary procedure to effect the proposed vacation
of the R.O.W. of Outlot U, R.L.S. *783 ___..___--
If you have any questions or require additional information please
advise me.
Sincerely, `_
1L
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MEMO
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: June 30, 1978
SUBJECT: Vacation of Outlot U, RLS #783
A portion of Lakeland Terrace
The attached petition has been received from Ruth M. Johnson, requesting
the vacation of Outlot U, RLS #783 (Lakeland Terrace), as shown on the
enclosed drawing. Mrs. Johnson indicated that after the right-of-way is
received, Tracts S and Q will be combined to form one building site..
There are no other properties which depend on the cul-de-sac portion of
said Tract U for access. Tracts F and and G have access by via private
easements across Tract A. A 66' wide portion of Tract U should be re-
tained by the City even though it has been privately maintained.
It is recommended that the Council adopt Resolution No. 78-124, setting —..
a public hearing date of August 1, 1918, for vacation of the 50' wide
cul-de-sac portion of Tract U, RLS #783.
CJJ:kh
6