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HomeMy WebLinkAboutCity Council - 08/01/1978 JOHN FRANE EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 1, 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. MINUTES OF COUNCIL MEETINGS HELD WEDNESDAY, JULY 5, 1978, AND Page 1784 TUESDAY, JULY 18, 1978 III. CONSENT CALENDAR A. Payment of Claims Nos. 10936 - 1093 Page 1810 B. Clerk's License List Page 1814 C. Set Public Hearing for Bluff's West 2nd Addition for September 5, 1978 D. Set Public Hearing for transportation alternatives for northwest corner of Trunk Highway 5 and County Road 4 for August 15, 1978 (Luther Way, Heritage Road, West 72nd Street., proposed Valley View Road) • E. Approve plans and specifications and order advertisement for bids for public improvements in Crosstown Industrial Park, I. C. 51-329 (Resolution No. 78-138) Page 1815 • F. Receive 100% petition and order preparation of_plans and • specifications for streets and utilities in Lake Trail Estates (Resolution No. 78-140) Page 1816 IV. PUBLIC HEARINGS A. '/acatin a portion of Lakeland Terrace (Resolution No. Page 1818 737T 8. Creekside Heights, request by Hustad Development and Mr. Page 1822 :1' el on for rezoning from fural and 1-2 Park to R1-13.5 and I-2 Par -Tor 27 single family lots with variances, 1 industrial lot, 1 existing singTe family home; and preliminary plat approval. The site is located north of Co.Rd. 1 and West of Creeknoll Road, approximately 11 acres. (Ordinance No. 78-37 and Resolution No. 78-133) #; Council Agenda - 2 - Tues.,August 1, 1978 IV. PUBLIC HEARINGS (continued) C. C,P. T.Corporation Headquarters, request from CPT for rezoning Page 1855 from Rural to I-5 Park on 30 acres located in the Northwest corner of Scenic Heights Road and Mitchell Road for a corporate headquarters (Ordinance No. 78-38) D. Gelco Corporation PUD, request for PUD approval of Stages Page 1874 II - V on 16 acres and the existing zoned 24 acres; rezoning of Stages II - V from I-5 Park to Office. (Ordinance No. 78-39 and Resolution No. 78-134) V. REPORTS OF ADVISORY COMMISSIONS VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-34, Amsden Hills IV, The Page 1900 - Preserve, rezoning from Rural to RM 6.5 for 10 duplex lots on 5 acres and developers agreement B. 2nd Reading of Ordinance No. 78-35, Norman Addition by Page 1909 Norman Clark & Dirlam Properties, rezoning from Rural to R1-13.5 for 6.5 acres into 13 lots and developers agreement C. 2nd Reading of Ordinance No. 78-30, rezoning from Rural to Page 1916 R1-13.5 and RM 6.5 and 21 single family and 7 duplex lots, Darkenwald, and developers agreement D. 2nd Reading of Ordinance No. 78-27, rezoning from Rural to_ Page 1928 R1-13.5 for 13 single family lots on approximately 8.5 acres for Tamarac Addition by Edenvale, Inc., and developers agreement VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. appointments of 7 members to the Flying Cloud Airport Page 1935 Advisory Commission of Eden Prairie (three for a three year term, and two for a two year term, and two for a term of one year - consisting of at least one member to be appointed by the Chairman of MAC, at least two representatives of the Flying Cloud Businessmen's Association, and four other members to be appointed by the Mayor with the approval of the Council) B. Report of City Manager 1. Communication from the School District on Community Page 1937 Education meeting for August 10, 1978 C. Report of City Attorney 7 Council Agenda - 3 - Tues.,August 1, 1978 D. Report of City Engineer 1. Consider bids for sanitary sewer improvements on Eden Road, I. C. 51-320 (Resolution No. 78-136) Page 1939 2. Final plat approval for Amsden Hills 3rd (Resolution Page 1941 No. 78-139) VIII. NEW BUSINESS IX. ADJOURNMENT. _ ,'l.. UNAPPROVED MINUTES 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 PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; City Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was requested to be added to the agenda under "New Business": A. Discussion on the "Storefront" • MOTION: Pauly moved, seconded by ^sterholt, to approve the agenda as amended and corrected. Motion carried unanimously. II. CONSENT CALENDAR A. Payment of Claims Nos. 10639 - 10784 B. Clerk's License List C. Set Public Hearing for Creekside Heights, Hustad Development Corporation, for August 1, 1978 D. Final plat approval for Crosstown Industrial Park 1st Addition (Resolution No. 78-121) E. Final plat approval for Crosstown Industrial Park 2nd Addition (Resolution No. 78-122) F. Right-of-way acquisition on Valley View Road (Resolution No. 78-123) MOTION: Osterholt moved, seconded by Meyers, to approve items A - F on the Consent Calendar. Roll Call Vote: Osterholt, Meyers, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. III. MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD MONDAY, JUNE 12, 1978 MOTION: Osterholt moved, seconded by Meyers, to approve the minutes of the Special City Council Meeting held Monday, June 12, 1978. Motion carried unanimously. Council Minutes - 2 - Wed.,July 5, 1978 IV. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation, to rezone from Rural to RM 6.5 and preliminary plat approval (Resolution No. 78-106 and Ordinance No. 78-31) MOTION: Meyers moved, seconded by Osterholt, to continue the Prairie East 7th Public Hearing to the July 18, 1978 Council meeting. Motion carried • unanimously. B. Darkenwald Duplexes, rezoning from Rural to R1-13.5 and RM 6.5 for 2 existing single family and 52 duplex lots, and preliminary plat approval (Resolution No. 78-102 and Ordinance No. 7B-30) Continued Public Hearing from June 20, 1978 City Manager Ulstad explained Staff has met with Mr. Darkenwald to review his proposal. Originally Mr. Darkenwald was requesting consideration from the Council of 52 duplex lots and 2 single family lots. In reviewing this proposal with Mr. Darkenwald, he has now agreed to request duplex lots that front on Franlo Road and the balance to be zoned single family. Mr. Darkenwald, the proponent, displayed a map showing the new proposal consisting of 7 duplex lots and 21 single family lots. Meyers questioned why the proponent can't put in one street. Mr. Darkenwald responded the topographic layout of the land becomes impractical to run a road through. City Planner Enger noted it is a lower area, but it is not a s+"nificant low area. Further City Engineer Jullie and Planner Enger looked at the layout and did not feel it would be an undue hardship to run a road through. Enger felt it is possible to swing a road down along the storm sewer easement. Jullie explained the cost of the road would be approximately $50.00 a running foot for a completed road, roughly $25,000 to $30,000 for the road construction which includes some grading and a fair amount of fill. Osterholt questioned if the road were realigned, would there be any possibility of building additional sites? Enger responded it would be feasible that the road could go in without losing a lot, however, he does not know if a lot would be gained or not. Penzel questioned if the City has adopted a policy that cul-de-sacs should not exceed 500 feet in length, as both of these exceed the 500 feet. Enger responded it is part of the City's Subdivision Ordinance and if a cul-de-sac exceeds 500 feet it would be a variance to this ordinance. Meyers felt the entire neighborhood should be self-contained in one loop street rather than in 2 cul-de-sacs. Penelope Needham, 8685 Westwind Circle, presented a petition indicating preference to have the Darkenwald property developed into single family residential lots in lieu of the proposed duplex lots. (Petition attached as part of minutes) Mrs. Needham, however, stated she was pleased to see the changes which have occurred since the June 2Oth Council meeting. r��r Council Minutes - 3 - Wed.,July 5, 1978 B. Darkenwald (continued) Osterholt stated he feels the proposal is an improvement, but would like to see an access for the one road to the east if it can be worked out. MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-30, rezoning 21 lots from Rural to R1-13.5 and 7 lots from Rural to RM 6.5. Motion carried unanimously. MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-102, approving the preliminary plat for Darkenwald, and that prior to final platting an alternate access to Preserve Boulevard be worked out. Bye, Osterholt,Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Bye, to direct the City Attorney to draft a developers agreement incorporating the recommendations of the Planning Commission, Parks, Recreation & Natural Resources Commission, and City Staff. Motion carried unanimously. C. Lake Trail Estates, request by Mr. Swenson and Mr. Schwartz, 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) City Manager Ulstad explained there is an affidavit on file calling . for +his Public Hearing. The proponents have appeared before the Planning Commission and the Parks, Recreation & Natural Resources Commission and notices have been sent to all affected and abutting property owners on file. Steve Young, Knutson Architects, representing the proponents, spoke to the proposal and answered questions of Council members. City Planner Enger stated this item was considered at the June 12th Planning Commission meeting where the rezoning was approved on a 4 - 0 vote, however, the preliminary plat was denied on a 3 - 1 vote. Enger noted Mr. Bearman, member of the Planning Commission, is present to speak to the reason for the motion of denial on the preliminary plat. Enger also spoke to the Planning Staff Report dated June 8, 1978. Bill Bearman, member of the Planning Commission, explained on many occasions Eden Prairie has become the land of cul-de-sacs, and we don't have enough through streets. The Planning Commission felt there needed to be some direction as far as the City Council is concerned for a new north/south street between Highway 5 and Valley View - one from the safety standpoint, and the second that everybody building along the area would be exiting on to Highway 5. Enger reitereated the position of the Planning Commission that the Commission was not in opposition to the plat, except as it deals with how the road system is to be handled, otherwise the plat meets all City ordinances. I'Jr ", Council Minutes - 4 - Wed.,July 5, 1978 C. Lake Trail Estates (continued) Meyers noted that on the preliminary plat a private drive is shown going into the park property and asked if consideration had been given to extending that private drive as a frontage to the vacant parcel east of the church site. Enger responded the Staff's original feeling prior to the proponent talking to the Highway Department was negative to any access to Highway 5. The Highway Department was in favor of access strictly for the church and the church would confine most of its hours to the wee!end. Enger commented the proponent also added accesses for half the subdivision and Staff does not feel this is a good solution. The proponent contacted Eagle Enterprises to the east for potential access to the east, and Eagle Enterprises was not ready to provide access to the church. Staff felt a frontage road would add to the amount of traffic and therefore would not recommend same. Ivan Kundel, 17491 Kilmer Avenue, explained there are 50 homes in the • area now that have to make their way out to Highway 5 already. If there is any emergency vehicle needed in'he area during a heavy snowfall, there would be no way for emergency vehicles to get into the area. Mr. Kundel thought it would be reasonable to extend Luther Way into this area as he feels all accesses should be open. He also does not feel two more cul-de-sacs make any sense. Greg Boen, 7760 Heritage Road, referred to petition signed by residents of Heritage Park First Addition and Round Lake Estates First Addition dot June 28, 1978, which speaks to the best solution to be an access to the east to County Road 4. (Petition attached as part of minutes) Osterholt explained the Council considered 11 transportation alternatives for a road system in this area, and it was decided one was more acceptable than the others. Jullie explained the City Council gave concept approval to Alternate #10, extending Luther Way around 500 feet to the west. The Council also ordered that water and sewer improvements would have to include a road connection up to 72nd Street as a temporary solution so that area would have another way out over to County Road 4 to get to a signalized intersection. As this becomes a reality, the system can work reasonably well. Jullie commented this was the general concept that seemed to be reasonably acceptable to the parties involved. Steve Longman, 17230 Park Circle, stated the residents in his area were not notified that a discussion would be held on the 11 alternatives in May. Mr. Longman requested to hear all of the plans and alternatives which were presented to the Council at that time. Penzel explained there were a number of Heritage people present at the meeting in May. The response of the Council at that time was clearly in accord on what we heard. The Council did not overlook the fact that Heritage Park has a problem with access to Highway 5. Mayor Penzel called for a brief recess for City Engineer Jullie to go through the 11 transportation alternatives and invited those in the audience interested to remain during the discussion. ft Council Minutes - 5 - Wed.,July 5, 1978 C. Lake Trail Estates (continued) Meeting reconvened. Osterholt questioned what the time schedule the developer is contemplating. Mr. Swenson, proponent, stated they are behind their proposed starting date now, and asked if there was a possibility of letting bids. Penzel replied as far as utilities are concerned, he doesn't think they would be affected. City Engineer Jullie agreed. Reverend Mark Liesener, Bloomington Lutheran Church, explained he is concerned that the church be allowed to proceed as soon as possible. Penzel stated the proponents could proceed with the engineering work with Mr. Jullie's guidance, and then resolve the transportation concerns as soon as possible through the Public Hearing process. MOTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-33, rezoning from Rural and R1-22 to R1-13.5, RM 6.5 and Public for 3 duplex lots, 43 single family and 1 church for Lake Trail Estates, and direct Staff to hold a Public Hearing with the Planning Commission and Council for the purpose of transportation alignment as it affects this particular development. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a developers agreement incorporating the recommendations of the Planning Staff Report dated June a 1978, Engineer's Supplement dated June 6, 1978, and Riley-Purgatory Creek Watershed District comments. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-116, approving the preliminary plat for Lake Trail Estates contingent upon preliminary plat that is approved as a result of the transportation hearings. Motion carried unanimously. D. Amsden Hills IV, The Preserve, request to rezone from Rural to RM 6.5 for 10 duplex lots on 5 acres and preliminary plat approval City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing. The proponents have appeared before the Parks, Recreation & Natural Resources Commission and the Planning Commission. Notices have been sent to all affected and abutting property owners on file. Lee Johnson, The Preserve, outlined the proposal and answered questions of Council members. Mr. Johnson requested consideration of the Council of setback variances of 30 feet on the two lots fronting on Franlo Road. City Planner Enger explained the proposal was considered by the Planning Commission on May 22nd and unanimously approved, with the stipulation that the lots on Franlo Road adhere to the 50 foot setback. Council Minutes - 6 - Wed.,July 5, 1978 D. Amsden Hills IV, The Preserve (continued) Jim Edwards, 10260 Amsden Way, commented that a final disposition of Outlot D has not been reached. Mr. Johnson explained he is in discussion with a number of people on the use of the parcel and access to it. Further Mr. Johnson stated he is coming in with a final plat for Amsden III, and he has a compromise proposed to a number of people and would like to get that in order before discussing same. He does not feel the question of the outlot corresponds to this proposal. Osterholt questioned if Mr. Edwards feels Amsden Hills IV has any impact on Outlot D. Mr. Edwards responded only as it would affect the access to Outlot D. Osterholt further questioned if The Preserve is contemplating any change in Amsden Hills IV to gain access to Outlot D. Mr. Johnson replied in the negative. Mr. Edwards then requested the proponents to keep Outlot D as open space. Mr. Krouchko, 10300 Amsden Way, questioned how far the lot line is from the pond in the southern most lot fronting on Franlo Road. Mr. Johnson replied about 400 feet. Mr. Krouchko commented that the land has been graded part way down the slope and asked if there was any particular reason. Mr. Johnson replied the property line is at the bottom of the flat spot. MDTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-34, rezoning from Rural to RM 6.5 for 10 duplex lots on 5 acres for Amsden Hills IV, The Preserve. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a developers agreement incorporating the 7 items in the Planning Staff Report, recommendations from the Riley-Purgatory Creek Watershed District, and the dedication of Outlots B and C through a Quit Claim Deed or Warranty Deed, whichever the City Attorney deems suitable. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-117, approving the preliminary plat for Amsden Hills IV by The Preserve. Motion carried unanimously. E. Norman Addition by Norman Clark & Dirlam Properties. Request for rezoning from Rural to R1-13.5 and preliminary plat approval of 6.5 acres into 13 lots City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing. The proponents have appeared before the Parks, Recreation & Natural Resources Commission and the Planning Commission. Notices have been sent to all affected and abutting property owners on file. If • Council Minutes - 7 - Wed.,July 5, 1978 E. Norman Addition (continued) Don Peterson, representing Dirlam Properties, spoke to the proposal and answered questions of Council members. City Planner Enger reviewed the Planning Commission minutes, pointing out the two main items of concern voiced by the residents: 1) the continuous street throughout the subdivision, and 2) the item of storm water run-off which was resolved at the June 22nd meeting with an updated report from the Engineering Department. The Planning Commission did approve the project unanimously with the consideration that the developer request the City Council to allow them the possibility of Outlot A being in private ownership as a pond for a storm sewer and utility easement by the City. Further that the Planning Commission recommended a 5 foot wide concrete pathway along Duck Lake Trail, however, the Parks, Recreation & Natural Resources Commission recommended that there should be continuity with an 8 foot wide bituminous pathway along this system. General discussion took place as to the need for a trail in this development, as there is a commitment for a trail across from this trail. Mr. Peterson stated for that reason he is requesting that a trail system not be part of the approval of this proposal by the City Council. He further requested the proponents be given an opportunity to work out the storm sewer system with the City Engineering Department. Osterholt questioned if there was a ponding area permitted, what would the liability be to the City if it remained in private ownership? City Attorney Pauly commented it would depend on what action is taken by the City Council, however, it would be a little remote that the City would have a liability if it remains in private hands. Ulstad questioned if Outlot A would be assigned to all lots in the area. Mr. Peterson replied he would like to work this out with their attorney in order to come up with the best possible solution. If this cannot be done, the proponents will go with a straight piece. Mr. Peterson stated in talking with the neighbors, the neighbors would like to have it done with a pond. Bob Pemberton, 18070 South Shore Lane, and Mr. Bowser, 7043 Park View Lake, spoke in favor of a pond. MOTION: Pauly moved, seconded by Meyers, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-35, rezoning 6.5 acres from Rural to R1-13.5 for Norman Addition. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 78-118, approving the preliminary plat for Norman Addition, contingent that the Staff work out the ownership and/or assessing of the ponding area. Motion carried unanimously. MOTIDN: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a developers agreement incorporating items of the May 3, 1978 Staff Report, deleting the trail requirement, and that lots 8 and 13 shall have front and side yard setbacks consistent with the adjacent R1-22 lots. Motion carried unanimously. I J.) Council Minutes - 8 - Wed.,July 5, 1978 • V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance Nol 78-36, establishing the Flying Cloud Airport Commission Sally Brown, 10080 Bennett Place, stated she does not know if there will be cooperation if the number on the commission is not equal between the citizens a the airport people. Would rather see an even number of members, i.e., 8 rather than 7. If the number is 7, she would like to see 3 citizens, 3 airport people, and one M.A.C. member. The following amendments were made to Ordinance No. 78-36: In the title after "Airports" insert "Advisory" and after Commission" insert "of Eden Prairie". In Section 1, Subdivision 1, 5th line after "year", insert "to consist of at least one member to represent the Metropolitan Airports Commission to be appointed by the Chairman of the Metropolitan Airports Commission, • no less than two members representing the Flying Cloud Airport Businessmen's Association to be appointed by the Mayor with the approval of the City Council, and four members to be ap^-=nted by the Mayor with the approval of the City Council", thus striking "All appointments are to be made by the Mayor with the approval of the City Council." • Add a new Subdivision 2 as follows: "The purpose of this Commission is to improve the communications between the Metropolitan Airports Commission and the City and to discuss Flying Cloud operations as it affects the City." Subdivision 4, 5th line, strike "each month" and "Three" . and insert in lieu thereof "a quarter" and "Four". Section 2, 1st line, after "City Council" insert "and the Metropolitan Airports Commission". Renumber the subdivisions accordingly. MOTION: Bye moved, seconded by Meyers, to give a 1st Reading to Ordinance No. 78-36 as amended. Motion carried unanimously. Penzel asked Mr. Les Lewis, who represents the Flying Cloud Businessmen's Association, and the Eden Prairie News to spread the word the Council is looking for citizens to serve on this Commission. Further Mayor Penzel requested Staff to contact citizens who participated on the Flying Cloud Airport Adhoc Advisory Commission in the past and inquire if they would be willing to participate on this newly formed commission. • Council Minutes - 9 - Wed.,July 5, 1978 B. 2nd Reading of Ordinance No. 78-23, Prairie East 8th and 9th by Hustad Development Corporation, rezoning from Rural to RM 6.5 and developers agreement City Planner Enger brought Councilwoman Meyers up-to-date on actions taken by the Council during this Public Hearing as she was not in attendance. MOTION: Meyers moved, seconded by Osterholt, to give a 2nd Reading to Ordinance No. 78-23, Prairie East 8th and 9th by Hustad Development Corporation, rezoning from Rural to RM 6.5. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to approve the developers agreement for Prairie East Bth and 9th with a change in item 2, in the 1st line strike"two" and insert "three", and in the same line strike "one" and insert "two". Motion carried unanimously. VII.REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of one member to the Planning Commission to fill an unexpired term to 2/28/80 Osterholt placed the name of Oke Martinson into nomination. Penzel placed the name of Fred Baumann into nomination. MOTION: Bye moved, seconded by Osterholt, that nominations be closed. Motion carried unanimously. Upon tabulation of ballots, Oke i4artinson was selected to fill the unexpired term on the Planning Commission to 2/28/80. 2. Mayor Penzel brought up for discussion the possibility of having a joint meeting with the School Board to discuss mutual concerns since two new members have been elected to the School Board. Osterholt stated he would like to have a list of items for discussion circulated to the Council for review before a meeting is scheduled. No action taken. B. Report of City Manager 1. Amendment to Super Valu's PUD Resolution No. 78-51 MOTION: Bye moved, seconded by Pauly, to amend Resolution No. 78-51 by striking "140 acres" and inserting in lieu thereof "80 acres". Motion carried unanimously. C. Report of City Attorney No report. Council Minutes - 10 - Wed.,July 5, 1978 D. Report of City Engineer 1. Report on Lotus View Drive right-of-way acquisition City Engineer Jullie spoke to his memo dated June 30, 1978, and communication to Mr. & Mrs. Shea dated June 21, 1978. Jullie pointed out he had hoped to have a commitment from the Shea's, Meyers and Spande's by this evening, but does not. Jullie requested that the Council consider approval of the Shea's agreement and shifting of the road alignment. Mrs. Shea, 6991 West 192nd Avenue, appeared before the Council speaking to her request as outlined by City Engineer Jullie. Mr. Meyers, 19040 Lotus View Drive, expresses concern about the project and objection to a house being built prior to dedication of the right-of-way. Mayor Penzel requested that the communccation received from Mr. & Mrs. Spande be entered into the record. MOTION: Osterholt moved, seconded by Meyers, to authorize the City Manager to enter into an agreement with Mr. & Mrs. Shea as outlined in memo dated June 30, 1978, and order plans and specifications subject to receipt of commitments from all parties for right-of-way dedication, and that the Shea's receive one assessment until lot is subdivided. Notion carried unanimously. 2. Chanhassen DL-1 Sewer Service Agreement MOTION: Meyers moved, seconded by Bye, to authorize the Mayor and City Manager to enter into a Chanhassen DL-1 Sewer Service Agreement. Motion carried unanimously. 3. Street vacation request on Lakeland Terrace (Resolution No. 78-124) MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-124, setting a public hearing for vacation of part of TR. U, RLS #783, for August 1, 1978. Motion carried unanimously. VIII.NEW BUSINESS A. Discussion on the "Storefront" General discussion took place regarding the "Storefront". Mr. Ulstad explained in his opinion, after reviewing the request from "Storefront" with Sergeant Tyson, that the services to be provided would be for one day week, and really the counseling services are needed at the time the problem happens. Mr. Ulstad stated he is willing to sit down and review the situation with representatives from "Storefront" The principal of the Eden Prairie High School has been asked by Sot. Tyson to provide a report on the use of the "Storefront" in Eden Prairie as well. Osterholt asked that "Storefront" provide the number of people from Eden Prairie who have been serviced by this organization. 092 Council Minutes - 11 - Wed.,July 5, 1978 • A. Discussion on the "Storefront" (continued) !' Pauly noted that South Hennepin Human Services Council is setting up a subcommittee which will be studying the "Storefront" indepth. IX. ADJOURNMENT MOTION: Osterholt moved, seconded by Bye, to adjourn the Council meeting at 11:40 PM. Motion carried unanimously. i') L l PETITION We the undersigned, being residents of the Preserve, would prefer to see the property west of Preserve Boulevard and south of Franlo Road, known as the Darkenwald Property, developed into single family residential lots in lieu of the proposed duplex lots, and would support such a proposal should the City Council give its approval. 1. y,•4-r/1/. 2. .44-LJ t 4 b c;. 3. v Gw (zy1u`f-- 4. 5.Afi 7. :136y: , 7- v....__ .._.:14..s5_____. (...::::::(z ,k 9.Vic_ t Ll 10.�__ tL,_ } ' 11. ,�jgn-t'r4�=- ('/4,alJ1 L 12.__ /j 13.- — _ 1 _4:A/Li___diett _ .7c_ 1 b. a, 1 /) 41)/ ... 1.D * /f 9-,del,t0)4.ce,- 19. Cawb-f vTdt,f-fe, ao. 227,7 ye.,. , PETITION We the undersigned, being residents of the Preserve, would prefer to see the property west of Preserve Boulevard and south of Franlo Road, known as the Darkenwald Property, developed into single family residential lots in lieu of the proposed duplex lots, and would support such a proposal should the City Council give its approval. 1. 2. 3. 4. 5.1 7z t� 6. 7•� `7'r1 a�U1 8. K7 jjs L 10. 11. 12. ' 13. 14. 15. PETITION We the undersigned, being residents of the Preserve, would prefer to see the property west of Preserve Boulevard and south of Franlo Road, known as the Darkenwald Property, developed into single family residential lots in lieu of the proposed duplex lots, and would support such a proposal should the City Council give its approval. 1. 2. -..vsJyr+t�.� 3. 4. X 5. / • g. 10. 11. • 13. (Up„,;'. // t 14. 15. iq0') PETITION We the undersigned, being residents of the Preserve, would prefer to see the property west of Preserve Boulevard and south of Franlo Road, known as the Darkenwald Property, developed into single family residential lots in lieu of the proposed duplex lots, and would support such a proposal should the City Council give its approval. 1. .• / 2. , /r 3. • 4. • 4 5. 7. D/aa' �GN7iL� 8. 9. 10. 11. 12. 13. 14. 15. • 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 r—idents 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 Heritage Road go East on Highway #5. The best solution is for access directly to the East to County Road ii4. 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 114 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 114 and Highway #5 and then the semaphore release of the West bound traffic. )") .u.,A ;Pros J:h g a, LL. . t (( M 5: I :--,—,3 ,s, n 1 -.,,,(N, ' () . ', all , ! f! �r can p• g L i . , • • r _, c ..... ‘'. t- c 1 s 1 Igo() t .? ,_.._ % ,,..,, 4 xro N Y~IT n ` , m \ ill II 7 F��I• aM \ P.;::.:. 1..p p , , !..- r..-. Cyy tl ra 10 A' r i ti. •, c�i \ i • -:- - ..' rs2 0 mMs l I;. ea. Eo 0 • C $,; . f!K / MO/ t\t . • ' r'lb — f., \ p !!:11 N * b t zfxg :' y•M2 n .4µ: • ik ii n I L 5& vin , to , .,. v 1, r • Ifs), yhJa0 pro 1 ry • N \1 N ill \�J `, r • I, 176 9- I , \\ _:* - 2» r / \ / \ _ ! | $ 4 §.f§ »a ,,■ \ � \ \ }k .. : ± w x K ,� N- as } � \ x i7$ / Z • ~ wn ( » . > E§ I ] ' \ 4 / x - \ \ T \ ; \. \ � . / \� . \ . x f Es2 ~ Q ' ƒ ' • �\ * ! Will ' ., ! . f -Evg ,;$9 a!» >E 804 !. . q 7 r } } • , if . s A • -tSC)\ .. -1 .--V 4, .----.)C- kL3 .tti-v 0)At.i,• . 1. 0 1T6Irit , t ze —i----- r / , z. .--it,L-r--e- • it z.) . -c--IL".-c--c-f• . p_ . ,716-t/ .---t.4--c ...-(--4,--c-1/ --1 i ,. .. i ._ 1 . . -L.t.(1/ :elk_( 17 j i I .. , . .--7(.'Kk (J--1.1.( . I --itt- - .4.41 ii _e,1 •6-- Le. tf-" -('- 6 .,,,Le a f , I ' , jil , --c. --LT , i . 4 \ \-1 / -1* i SI VI'3 - ;.• ..,) - -,-‘,-- 4 , i ,-, CS( r. 0-L(t.t. z,..t 22tre 1 , 55:31/ . , 1 Z041 i UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 1B, 197B 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney Roger Pauly; Planner Chris Enger; Engineering Assistant Gene Schurman; Civil Engineer Marty Hanson; and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel ROLL CALL: Meyers, Osterholt, Pauly and Penzel present; Bye absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: A. Discussion on the noisy party ordinance B. 2 resolutions pertaining to signalization at northeast corner of Highway Nos. #494 and #169 C. Presentation of a concept for novel water recreation MOTION: Pauly moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE COUNCIL MEETING HELD TUESDAY, JUNE 20, 197B Pg. 6, 4th para., 1st line, strike "verbage" and insert "verbiage". Pg. 7, 1st para., llth line, strike "continuous" and insert "continuation". Pg. 9, add a new paragraph after the 4th paragraph to read as follows: "Pauly requested of the audience if there were any other items which should be included in the PUD developers agreement as amended. There were no further requests."; and in the last pargraph, 1st line, strike "seconded by Bye" and insert "seconded by Osterholt". Pg. 10, 3rd para., 5th line, strike "charge the staff" and insert in lieu thereof "direct the City staff". MOTION: Osterholt moved, seconded by Pauly, to approve the minutes of the Council meeting held Tuesday, June 20, 197B, as amended and published. Osterholt, Pauly, and Penzel voted "aye", Meyers "abstained". Motion carried. • I I`..6 City Council Minutes - 2 - Tues.,July 18, 1978 III. CONSENT CALENDAR A. Resolution No. 78-131, designating Outlots D and E, Golden Strip Addition for highway purposes B. Change Order No. 1, I. C. 51-300, Edenview area sewer and water improvements C. Resolution No. 78-126, approving the Final Plat for Olympic Hills 3rd D. Resolution No. 78-127, approving the Final Plat for Olympic Hills 4th E. Resolution No. 78-128, approving the Final Plat for Hillsborough 1st F. Resolution No. 78-129, approving the Final Plat for Hillsborough 2nd G. Resolution No. 78-130, approving the Final Plat for Garrison Forest 3rd H. Payment of Claims Nos. 10786 - 10935 I. Set Public Hearing for Gelco PUD and rezoning from Rural & I-5 to Office for approximately 18 acres west of existing Gelco site and south of W. 78th for August 1, 1978 J. Set Public Hearing for CPT Corporation, request for rezoning of approximately 30 acres from Rural to I-5 Park for August 1, 1978. Located in NW corner of Scenic Heights Road and Mitchell Road K. Set Public Hearing for Anderson Lakes Parkway Apartments by The Preserve for rezoning from Rural to RM 2.5 for 126 market rate rental apartments for August 15, 1978. Located south of Anderson Lakes Parkway and west of The Preserve Center. MOTION: - Osterholt moved, seconded by Meyers, to approve items A - K on the Consent Calendar. Roll Call Vote: Osterholt, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation to rezone from Rural to RM 6.5 and ureliminary Oat approval (Resolution No. 78-106 and Ordinance No. 78-31) Continued Public Hearing from July 5, 1978 Frane explained the proponents have asked for a continuation of this Public Hearing to a future Council meeting. MOTION: Osterholt moved, seconded by Pauly, to continue the Prairie East 7th Public Hearing to the August 15, 1978 Council meeting. Motion carried unanimously. '1!0D City Council Minutes - 3 - Tues.,July 18, 1978 A. Prairie East 7th Public Hearing (continued) Roger Pollock 9950 Friar Drive, stated it has been six weeks since the developer said they were going to do something about the drainage problem and as of this date nothing has been done. Mayor Penzel requested Engineering Assistant Schurman to check with the proponents to see when the drainage problem will be resolved. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-36, establishing the Flying Cloud Airport Advisory Commission of Eden Prairie The following amendments were made to Ordinance No. 78-36: 1st para., last line, insert a period after "terms" and strike the remainder of the sentence. Add a new sentence to read: "Terms shall continue until successors are appointed and qualified." 3rd para.,2nd line, strike "the time for" and insert in lieu thereof "February of the year to". MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 78-36, establishing the Flying Cloud Airport Advisory Commission of Eden Prairie, as amended. Motion carried unanimously. Meyers suggested a copy of Ordinance No. 78-36 as amended be sent to the Metropolitan Airports Commission asking who their appointment will be. Meyers further suggested that the Commission begin sometime after Labor Day, as it is difficult to start anything in the summer. Sally Brown, 10080 Bennett Place, inquired as to the number of people thus far interested in serving on the Commission. Penzel responded he has seven interested from the previous committee, 3 from the Flying Cloud Businessmen's Association, and one who contacted him personally. Pauly stated she would like to see a Council member serve on the Commission. As there were concerns raised regarding the appointment of certain members to the Commission, the following motion was made: MOTION: Osterholt moved, seconded by Pauly, to continue the appointments to the Flying Cloud Airport Advisory Commission of Eden Prairie to the August 1, 1978 Council meeting. Notion carried unanimously. I/O') City Council Minutes - 4 - Tues.,July 18, 1978 A. 2nd Reading of Ordinance No. 78-36 (continued) Osterholt requested that a list be supplied to Council members by Mayor Penzel indicating the members he wishes to appoint. If any Council members have concerns about potential appointees, they should then contact Mayor Penzel regarding these concerns. B. Resolution No. 7B-119, finding No Significant Impact for Gelco's requested rezoning as outlined in draft Environmental Assessment Worksheet Meyers questioned why this item has come before the rezoning action? City Planner Enger explained the Staff has prepared about 10 Environmental Assessment Worksheets and there were a couple that preceded the rezoning request. Because there is a 45-day delay in waiting for approval of the EAW, approving it now allows the EAW to be sent on to the County and other agencies for their review. The 2nd Reading of the zoning ordinance cannot take place until the Environmental Assessment Worksheet has cleared the Environmental Quality Board. Enger further commented that approval of this EAW has been requested by the proponent, and has been before the Planning Commission and the Parks, Recreation & Natural Resources Commission. Council members made amendments to the Environmental Assessment Worksheet along with the title of Resolution No. 7B-119. City Planner Enger to incorporate amendments into the EAW before submittal to the Environmental Quality Board. MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 78-119, finding No Significant Impact for Gelco's requested rezoning as outlined in draft Environmental Assessment Worksheet as amended. Motion carried unanimously. Emerson Greenberg, Gelco Corporation, spoke to the amount of time involved in doing the research to complete the EAW, and the difficulty in answering questions to the satisfaction of all agencies involved. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members No reports. B. Report of City Manager Acting City Manager Frane introduced Marty Hanson, a Civil Engineer, who is now employed in the City's Engineering Department. C. Report of City Attorney No report. J hog` City Council Minutes - 5 - Tues.,July 1B, 1978 D. Report of Director of Community Services 2. Joint Master Plan for Anderson Lakes (continued from June 20, 1978) Frane requested that the Council continue this item until Director of Community Services Lambert is able to be at the Council meeting, and a representative of the Hennepin County Park Reserve District. Council members concurred with this request, and the Joint Master Plan for Anderson Lakes was continued until the August 15, 1978 Council meeting. 2. LAWCON Grant Application - Mitchell Lake Osterholt questioned if there would be funds from the bond issue from 1968 for the City's share. Frane responded in the affirmative, and/or park dedication fees. MOTION: Osterholt moved, seconded by Pauly, that the City of Eden Prairie make application for the LAWCON Grant for Mitchell Lake. Motion carried unanimously. VIII. NEW BUSINESS A. Discussion on the noisy party ordinance Councilwoman Pauly requested *hat the Public Safety Department provide a report on the specific use of the noisy party ordinance - how, when and where, by the 2nd meeting in August. B. 2 resolutions pertaining to signalization at northeast corner of Highway Nos. #494 and #169 Frane spoke to Resolution Nos. 78-132 and 78-135, and recommended the Council consider adoption of same. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-132, approving plans and specifications for signs at northeast corner of Highway Nos. 494 and 160. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 78-135, authorizing signature of a traffic control signal agreement. Motion carried unanimously. C. Presentation of a concept for novel water recreation Seilbahnenbau Rixen, Inventor, and Marcel G. Schnyder, International Marketing Consultant, gave a presentation and showed slides of their novel water sport - known as the Rixen Waterskiing Cableway. MOTION: Osterholt moved, seconded by Meyers, to refer this item to the Parks, Recreation & Natural Resources Commission and to Staff for review. Motion carried unanimously. IX. ADJOURNMENT MOTION: Pauly moved, seconded by Meyers, to adjourn the Council meeting at 9:30 PM. Motion carried unanimously. `,; ' August 1, 197B STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 06-16-78 10590 VOID CHECK ( 32.00) 06-30-78 10694 VDID CHECK (236.28) 06-27-78 10766 VOID CHECK ( 30.00) 07-12-78 10936 PRAIRIE VILLAGE MALL ASSN. Liquor store rent for July 1,065.38 07-13-78 10937 THE STORYTALERS CO. Performance services-Community Services dept. 67.50 10938 METRDPOLITAN WASTE CONTROL COMMISSION June SAC charges collected 25,344.00 10939 WALTER JOHNSON Reimbursement for tables purchased for City Hall 84.00 10940 STATE BUILDING INSPECTOR 2nd quarter report of surcharges collected 7,078.87 10941 STATE OF MINNESOTA June sales tax collected 2,234.75 10942 MINNESOTA ZOOLOGICAL GARDENS Bus parking-Community services dept. 5.00 10943 MINNESOTA ZOOLOGICAL GARDENS Tickets to the zoo-Community services 15.00 07-14-78 10944 DAVIDSEN DISTRIBUTING Beer 109.55 10945 DAY DISTRIBUTING CO. Beer 3,103.35 10946 PEPSI-COLA CD. Pop for liquor store 178.10 10947 COCA-COLA CO. Pop for liquor store 281.65 10948 GOLD MEDAL BEVERAGE CO. Pop for liquor store 127.70 10949 LEDING DISTRIBUTING CO. Beer 2,183.90 10950 THORPE DISTRIBUTING CO. Beer 3,126.05 10951 ROUILLARD BEVERAGE CO. Beer 1,021.91 10952 HDPKINS POSTMASTER Postage for the "Happenings" 338.63 07-15-78 10953 STATE OF MINNESOTA 2nd quarter F.I.C.A. report 25,291.53 10954 INTERNAL REVENUE SERVICE 2nd quarter report 137.50 10955 ED PHILLIPS & SONS Liquor 1,147.11 10956 GRIGGS, COOPER & CO., INC. Liquor 1,653.73 10957 MINNESOTA DISTILLERS, INC. Liquor 1,118.24 10958 INTERCONTINENTAL PACKAGING Liquor 377.29 07-17-78 10959 LORI WILDERMUTH Reimbursement of petty cash fund for playground 39.29 07-18-78 10960 HENNEPIN COUNTY Park property taxes 944.05 10961 TERRACE TUBES Apple River-Teen work payoff 51.75 10962 MULLER BOAT COMPANY boat rental-Community services dept. 120.00 10963 INSTY-PRINTS Services-Public Safety dept. 18.45 10964 IAAO CONFERENCE Registration for Robert Martz 60.00 10965 PETTY CASH Reimbursement of fund-City Hall 38.00 07-21-78 10966 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Plates and transfer fee for new truck 3.25 10967 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Plates and transfer fee for new truck 3.25 10968 ED PHILLIPS & SONS Liquor 1,129.57 10969 TWIN CITY WINE CO. Wine 334.11 10970 JOHNSON BRDTHERS Wine 358.40 10971 QUALITY WINE CO. Wine 591.61 10972 EAGLE DISTRI8UTING Wine 397.86 /r°ic August 1, 1978 07-24-78 10973 VOID CHECK 10974 G. G. KRANZ & SONS Contract-City Hall addition Est. No. 8 & 9 23,115.00 10975 HARVEY BREN Relocation fee-Park dept. 10,935.79 10976 STATE OF MINNESOTA July taxes withheld 7,335.86 10977 PUBLIC EMPLOYEES RETIREMENT Employees withheld and employers ASSN. contribution 7-21 payroll 6,120.D7 1097E VOIO CHECK 10979 FEDERAL RESERVE BANK Taxes withheld 7-21 payroll 8,678.66 10980 UNITED WAY Donations withheld 7-21 payroll 27.12 10981 SUBURBAN NATIONAL BANK Bonds withheld 7-21 payroll 431.25 10982 GRIGGS, COOPER & CO. Liquor 379.74 07-28-78 10983 AQUA ENGINEERING Refund on plumbing permit 75.50 10984 ACTION REDDY RENTS Rental of dollies for moving at City Hall 30.00 10985 ADVANCE AMBULANCE Supplies-Fire dept. 427.99 10986 BELLIS PAPER Supplies-Liquor Store 15.78 10987 BRDWN PHOTO Services-Fire dept. 34.79 10988 BLUE CROSS INSURANCE July insurance 494.84 10989 CARSON, PIRIE, SCOTT & CO. Carpet for Council chambers 380.00 10990 DUANE CABLE Mileage-Fire dept. convention 93.75 10991 TRI-CITY PUBLIC HEALTH LA8 Water samples-Water dept. 52.50 10992 CUTLER-MAGNER CO. Lime-Water dept. 97.64 10993 I'nYD CHERNE Tree subsidy 32.00 10994 CHANHASSEN LAWN & SPORTS Supplies-Public Safety dept. 15.99 10995 EDEN PRAIRIE JAYCEE WOMEN Assistance in preparing the "Happenings" 15.00 10996 EDEN PRAIRIE NEWS Ad for Liquor store 25.20 10997 EDEN PRAIRIE FIRE OEPT. Rooms for State Fire Convention 407.65 10998 EDEN PRAIRIE SCHOOL Gasoline 1,500.00 10999 EDEN PRAIRIE GROCERY Supplies-Public Safety & Recreation 30.53 11000 JOHN FRANE July expenses 102.60 1000 FIRE INSTRUCTORS ASSN. Training supplies-Fire dept. 5.00 1001 JOHN HENRY FOSTER CO. Service on air compressor-Water dept. 229.60 1002 MARSHA FICKES Mileage-Community Development project 36.90 1003 DANIELLE FREDRICKSON Film making classes -Community services dept. 25.00 1004 C. D. FIELD COMPANY Contract-Fire stations Est. no. 1 55,084.43 1005 LYN GRAHAM Refund on volleyball 1.50 1006 GROUP HEALTH PLAN Insurance 891.45 1007 J. WALTER GOAR Repair dehumidifier-Water dept. 115.48 1008 GUNNAR ELECTRIC CO. Services-City Hall 142.39 1009 GUY'S AUTO SUPPLY, INC. Equipment parts 81.10 1010 GENERAL OFFICE PRODUCTS File cabinet for Building Dept. $222, Refund on desk returned by Public Safety dept. $188 33.57 1011 GROSS INDUSTRIAL SERVICES Cleaning supplies-Liquor Store 9.02 • 1012 ELEANOR & ARTHUR HOLASEK Contract for deed payment 39,352.50 1013 HUB DFFICE PRODUCTS CO. Office supplies-Public Safety dept. 23.40 1014 MARK HURD AERIAL SURVEYS Topographic mapping-Engineering dept. 1,255.00 1015 GEORGE HANSEN CO. Audit services for 1977 3,550.00 1016 HOPKINS CAR WASH., INC. Trailor Hitch-Community Services dept. 98.40 1017 HENNEPIN COUNTY Photo overlays-Engineering dept. 32.00 1018 DIANNE HANSON Mileage-General services 9.60 1019 HONEYWELL Repair service-Water dept. 1,072.25 I. August 1, 1978 07-28-78 1020 KATHY HALLARAN Mileage-Community Services dept. 47.25 1021 JACK HACKING Meeting expenses 24.81 1022 INTERNATIONAL UNION OF OPERATING ENGINEERS July dues withheld 221.00 1023 1023 INTERNATIONAL CITY MANAGEMENT ASSN. Dues for Roger Ulstad 230.00 1024 INTERNATIONAL BUSINESS 39.59 MACHINES CORP. Repair service 1025 ELIZABETH JOHNSON Reimbursement for postage for the 31.80 news letter 1026 JERRY'S FRAME & BODY Repair service on equipment 191.66 1027 EDWARD KRAEMER & SONS Limestone-Bryant Lake 1028 KARULF HARDWARE Supplies-City Hall, Parks Utilities 426.78 1029 LONG LAKE FORD TRACTOR Equipment parts-Park Maim 4.56 1030 LOCAL GOVERNMENT INFORMATION SYSTEMS Service 1,182.98 1031 LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS Dues 39.00 1032 M. E. LANE INSURANCE Insurance-Work comp & Liability 67,819.00 1033 LANDCO EQUIPMENT, INC. Equipment rental-Tree Disease dept. 1,000.00 1034 LEEF BROS., INC. Service 59.10 1035 MINNESOTA VALLEY ELECTRIC Service 3.75 1036 METROPOLITAN ANIMAL PATROL June services 1,060.50 1037 METROPOLITAN CLINIC OF 425.00 COUNSELING, INC. Service 1038 I.IINNESOTA RECREATION & PARK ASSN. Entry fees for softball teams 600.00 1039 MINNEAPOLIS STAR Employment ad-Assessing dept. 144.42 1040 MINNEGASCO Service 108.56 1041 MINNESOTA PETROLEUM SERVICE Repair gas pumps-City Hall garage 195.77 1042 MINNESOTA TRANSIT LINES Charter services-Community Services 57.00 1043 VOID CHECK 1044 MINNEAPOLIS STAR Pictures for display-Public Safety 58.55 1045 AARCEE RENTALS Rental of camping gear-Community Services 73.19 1046 METRO PRINTING, INC. Business cards-Public Safety 45.00 1047 MIDWEST ASPHALT CORP. Asphalt-Street Maint. & Drainage control 282.83 1048 MOORLANE, INC. Dart balloons-Community services dept. 32.09 1049 MINNEAPOLIS OXYGEN CO. Ground clamps-City Hall garage B.30 1050 MINNESOTA FIRE INC. Supplies-Fire dept. 53.20 • 1051 NORTHERN STATES POWER CO. Service-Public Information dept. 4.86 1052 NORTHWESTERN NATIONAL BANK Bond service charge 102.00 1053 NORTHWESTERN BELL Service 539.03 1054 NORTHERN STATES POWER CO. Service 6,857.01 1055 CURTIS OBERLANDER Meeting expenses 10.40 1056 PRAIRIE VILLAGE MALL ASSN. August rent-Liquor Store 999.38 1057 PERBIX, HARVEY, SIMONS & THORFINNSON Legal services 3,434.50 1058 PARK AUTO UPHOLSTERY Repair service 27.50 1059 TERRY RINDER Swimming instructions 35.20 1060 RIDGE DOOR SALES CO. Maint. supplies-Public Works Bldg. 9.55 1061 PAT REDMOND Mileage-Tree disease 40.50 1062 STATE OF MINNESOTA Book on laws-Public Safety dept. 35.00 1063 SONIC ALARM CORPORATION Services-Liquor Store 173.20 1064 SUBURBAN AUTO ELECTRIC Equipment parts 17.68 1065 SPORTS WORLD Soccer ball-Community services dept. 5.00 tl+') a 1 August 1, 1978 07-28-78 1066 SAVOIE SUPPLY CO., INC. Vaccum cleaner-City Hail 340.00 1067 SATELLITE INDUSTRIES Portable restrooms-Park Dept. 737.56 1068 ERIC & EMILY TURNER Refund on swimming lessons 14.50 1069 TWIN CITY TESTING Water samples-Planning dept. 45.00 1070 TUFFY LIGHTING SUPPLY CO. Fluorescent bulbs-Public Works Bldg. 132.84 1071 TRIARCO-GAGERS Supplies-Community Services dept. 25.19 1072 ROGER ULSTAD August expenses 100.00 1073 UNIVERSITY OF MINNESOTA Registration for seminar-Robert Lambert 10.00 1074 UNIFORMS UNLIMITED, INC. Domes for new squad cars $48, uniforms for Public Safety $490 538.25 1075 VALLEY EQUIPMENT CO. Equipment rental-Community Development project 10,200.00 1076 VAN WATERS & ROGERS Chlorine-Water dept. 188.50 1077 STEPHEN WHITE Fire training expenses 70.00 1078 LDRI WILDERMUTH Mileage-Community services dept. 42.45 1079 WILENSKY AUTO PARTS Equipment parts to repair radiator 333.26 1080 WATER PRODUCTS CO. Water meters $1134, Pipe for Drainage Control $2492, Repair parts for Water dept.$252 3,880.01 1081 W. A. WEISMAN CO. Food for concessions 327.80 1082 BECKY ZABEL Mileage-Playground on wheels 37.65 1083 ZIEGLER TIRE SERVICE Tire repairs 12.00 1084 XEROX CORPORATION Service and supplies 1,300.89 1085 JENNIFER YOUNG Refund on gymnastics 12.50 1086 BECKY ZABEL Reimbursement for arts supplies- Community services dept. 24.81 1087 MASOTA IKEGAMI Rental of gym equipment-Comnuhi,.y services dept. 100.00 1088 RESEARCH, INC. Refund on softball entry fee 60.00 1089 MARK PANNKUK Mileage-Tree disease 73.50 1090 THOMAS BIGELBACH July mileage-Tree disease 118.80 1091 JAMES MATSON Replacement of watchband distroyed performing duty 6.19 1092 JACK HACKING Expenses 79.02 1093 STATE OF MINNESOTA Unclaimed interest on bond 855.00 TOTAL 349,639.66 17►3 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST August 1, 1978 CONTRACTOR (Multi-family & Comm.) Elder Jones, Inc. CONTRACTOR (1 & 2 Family) Harris Construction Co. West Construction Air Seal Company PLUMBING Piper Plumbing, Inc. Steffens Plumbing Co. GAS FITTER A. Binder & Son, Inc. P4^^r Plumbing; Inc. HEATING & VENTILATING A. Binder & Son, Inc. Piper Plumbing, Inc. FOOD ESTABLISHMENT - Type A Winchell's Donut House VENDING MACHINE LICENSE SirVend, Inc. TEMPORARY BEER LICENSE Lions Club - Corn Feed Aug. 19 These licenses have been approved by the department head responsible for the license activity. C L Rebecca Quernemoen, Deputy Clerk August 1, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 78-138 RESOLUTION APPRDVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (1.C. 51-329) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-329, Utility and street improvements for Crosstown Industrial Park. and has presented such plans and specifications to the Council for approval: NDW, THEREFORE, BE IT RESOLVED BY THE CITY CDUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which iattached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under the approved plans and specifications. The adver- tisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Thursday, Aug. 31, 1978, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, Sept. 5, 1978, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on • Wolfgang H. Penzel, Mayor ATTEST: SEAL Johm D. Frane, Clerk August 1, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-140 • RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS IN LAKE TRAIL ESTATES (I.C. 51-315) BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of I00% of the real property abutting upon and to the benefitted from the proposed sewer, water and street improvements in Lake Trail Estates, I.C. 51-329, at an estimated total cost of $400,000, have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer, with the assistance of Rieke Carroll Muller Assoc., Inc. shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby Directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS • TO THE EDEN PRAIRIE CITY COUNCIL: • The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie'City Council to proceed .1 with making the following described improvements: (General Location) • Lake Trail Estates x Sanitary Sewer ;r1 1,4, gr,*1, 8cc-.8, T.11G_:, R.22S1. y Watermain - " " x Storm Sower " " y Street Paving " n Other Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- • • sessed against the property described b-''=w in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is • Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served (Must be owners of record)st y . fi/.E• /D 7 S7 Cvy I %',AV..ss'yav • C , -- ,X6arrN.,--g...-1' =, ,7110/. s-SY z, ,. i. (For City Use) Date Received Project No. J�i GG l7 Council Consideration t. • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer • DATE: July 28, 1978 SUBJECT: Vacation of Tract U, RLS #783 A portion of Lakeland Terrace Mrs. Ruth Johnson, the petitioner for said vacation, is the owner of Tracts • U, R and S, RLS #783. In addition to the vacation of the cul-de-sac, she is requesting Council approval of a new Registered Land Survey as shown • on the attached drawing. Tracts Q and S, together with a portion of the vacated cul-de-sac, would be combined to form a single lot. Recommend Council adoption of Resolution No. 78-137 ordering the street vacation and also Council approval of the proposed new Registered Land Survey, dated 7/28/78. • CJJ:kh Attachments • • • • • /ill • August 1, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-137 RESOLUTION VACATING PART OF TRACT U. RLS #783 (Lakeland Terrace) WHEREAS, the City of Eden Prairie has a street right-of-way over the following described land: The 50' wide cul-de-sac portion of Tract U. RLS #783 WHEREAS, a public hearing was held on August 1, 1978, as required by law, and WHEREAS, it has been determined that good area planning requires that this right-of-way to be vacated and that it would be in the public interest to do so, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The above described portion of Tract U. RLS #783 is hereby vacated. 2. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the pro- ceedings and shall be recorded in accordance with the pro- visions of M.S.A.117, 19. ADOPTED by Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • I /9 • ' • • ./ /.. Ir ` ��� L • .i ems= •• i _ II • • • ,im • •/ r ([4 : v.!:'0...--11.t i., if I ._ 7?:---- -i-.----,e 7:,;;..frr...,. •:1-1.• 1-':%.\I.: • • .1 t: ,, 0: ri ti j • : ..r. .rit ::',:4.7,1'.." \ 1c B - A •` • '1,Rt2 G- -i I FM . ' ' ‘• ;�`) '%. , T `r„ \... w • 1 ' '•,i • i S . r' \r,, G� ! • r- /// / 1 •-t , / v ' • 's - I . , -130J 'y. 7t• N. .i•.4 ail G. 1 1 19-t1 .9°- Sb \ • ' • � ` ' •\ \ \—i \ \ \ " `0 . \ �\ % \ \ \ \ .i, \ \ \ \ \ \ \ '` • \ \ \ )\ I \ \ \ \ \ \ \. \ \ • \ \ \ .\ \• \ \ • ` •% `% ` .` \ 00 3'. \t\ \ \ \\ \ \ ` . \ \ \\ l3Y.o9. • • `l \ ' •-N\ \ / ' • i'; N89 50'E, \\` , \\ ' • \ ;, 1 ` \ 90 /, / . \ \ eVao • '( I 6� 11 \ ^ I H ,- \ ' mob • ,- 1 "tcT5 Q Q,16 . I ' ,I,,,' At ,.. :1 f /7� • i . . . ' • f; �ga� • h a Minutes - Parks, Recreation and Unopposed Monday, July 17,1978 Natural Resources Commission - 7 - Members Present: Anderson(Dave),Fifield,6arens, c. Creekside Heights Kruell, Tangen Enger explained that this was an attempt by the Hustad Development Corp. to put in some lower cost housing in the $30,000 to $40,000 range and were asking for variances for smaller lot sizes. He explained further that the steep wooded hillside would be deeded to the City. Enger, referring to Staff report recommendations, spoke to the proposal and answered questions from theCommission on: size of Outlot A that would be dedicated as play area - about 10 acres; who would pay for it - Hustad Dev. Corp. would construct pedestrian foot bridge across Purgatory Creek and con- struct a totlot structure in the open space area which shall be dedicated to the public free of any taxes or assessments; and whether this project will qualify the City for low cost housing credit - this project would not fall within modest cost housing, but would be to the City's benefit to have them. Dave Anderson questioned no. 3 of the Staff Report and asked where the utility sheds or garages would be located. Putnam responded that they would be a combination patio fenced storage area for items normally stored in the back of the the garage, and the reason for this was to keep the costs down. Kruell asked whether any of the land would infringe into the Purgatory Creek area. Enger pointed out a small area which would lay in the conservancy zone of the Sunnybrook•Sector. Kruell spoke to the limited recreation area and what would happen when the center area is developed. Putman responded that the area is close to Staring Lake and the Flying Cloud Fields. E, The Commissioners questioned the feasibility of crossing T.H. 169 until a traffic signal is installed. MOTION: Oave Anderson moved to recommend approval with the Staff recommen- dations except for no.3, that the garage be made an integral part of the house construction. Motion died for the lack of a second. Tangen asked what the trade-off was to the City. Enger responded approximate- ly 10 acres and facilities in lieu of "Cash Park Fee". MOTION: Tangen moved to recommend approval with the Staff recommendations, ;y because Eden Prairie has to consider alternatives in types of housing, and that because of the location it may be one of the better sites for this. Fifield seconded, motion carried 3-2, with O.Anderson and Kruell voting "nay", (Dave Anderson because of disagreement with no. 3 of Staff Rec. and Kruell because he was concerned with the lack of sufficient play area for any future , development here. d. Anderson Lakes Parkway Apartments- Tabled. e. 8riarfield Estates Enger spoke to the EAW prepared, and explained that there was no Staff report {; prepared at this time, but would be ready for_the next Planning Commission • Commission Present: Sundstrom, Redpath, Levitt, Lynch • approved Planning Commission Minutes -6- June 26, 1978 C. Creekside Heights, request by Hustad Development and fir. Peterson for rezoning from Rural and I-2 Park to R1-13.5 and I-2 Park for 27 single family lots with variances, 1 industrial lot, 1 existing single family home; and preliminary plat approval. The site is located north of Co.Rd. 1 and West of Creeknoll ' Road, approximately 11 acres. A public hearing. Mr. Putnam, Hustads, stated they are requesting the approval of a plat which will allow for modular units to market between approximately $40,000-50,000. He added the request does require approval of variances for lot size, density, setbacks, and minimum width and depth from the R1-13.5 District. Steve Heinemann , Hart Homes , informed the Commission lots 6-10 would be walk-outs, approximately 105'6 square feet and would be the only units with basements as the others would be on crawl spaces. He added no two homes would have the same exterior or exterior color. • • Redpath questioned the advisibility of locating 27 lots for modestcost housing in the same area. Al Schrader, Hart Homes, summarized the homes' construction as follows: drywall, • ceramic baths, wood windows, lauan trim, finished interiors, etc. Lynch asked if the modular home on display last year at the EP Center was from Hart Homes. Mr. Schrader replied affirmative, adding the home d`:played • was a single-wide modular home that did not meet UBC. Levitt asked how much larger lots would cost. Mr. Putnam replied larger lots may cost $15,000 instead of the estimated $10,000 at the size shown. . The Planner believed it was imperative to have adequate buffering between the proposed residential and the future industrial uses. He felt the project provides the city with the opportunity to have modest cost housing, but only if theCity receives commitment that the homes and lots will be marketed as proposed . Steve Heinemann stated their most popular home is 1248 square feet and markets for $46,500 . • Levitt asked why the proponent is requesting rear lot setback variances. Mr. Putnam replied some lots will need to have the future garages placed behind the home and therefore need setback variances. Mrs. Nemec, 9449 Creeknoll Road, expressed concern over the additional traffic the project will create on Creeknoll Road. Redpath asked the proponents if they agree with the recommendations of the staff report. Mr. Putnam stated there are two conditions in the staff report they may not be able to meet and would like to work it out with the staff. The two were : 1. 50% of the units to sell under $40,000 ; 2. Peterson would like approximately 5 months in order to receive a building permit and start constructio• Levitt inquired how much garages would cost if chosen for an option. Steve Heinemann replied $4,500 for a double garage. 1/.>S • • ipproved Planning Commission Minutes -7- June 26, 1978 • Motion 1: Redpath moved, Lynch seconded, to close the public hearing on Creekside Heights. Motion carried unanimously. Motion 2: Redpath moved, Lynch seconded, to recommend to the City Council approval of the rezoning from Rural and I-2 Park to RI-I3.5 and 1-2 Park subject to the staff report of June 22, 1978 with the following changes : page 7. 7. The developer shall agree to provide 20% of the units to the home buyer for no more than $40,000 and 80% for no more than $50,000. page 8. 2. Within 6 months of rezoning of the proposed industrial building the owner must commence construction of an approved industrial in order to carry on his existing industrial use of the property. Discussion: • Sundstrom questioned what trade-offs the City is receiving for granting all the variances the proponent is requesting. Redpath and Lynch believed the trade-off was the opportunity for the City to provide opportunity for low and modest cost housing. • Vote: Motion carried 3:1 ( Sundstrom voted nay ) Motion 3: Redpath moved, Lynch seconded, to recommend to the City Council approval of the Creekside Heights preliminary plat dated May 26, 1978 as per the staff report of June 22, 1978. Motion carried 3:1 with Sundstrom voting nay. • /8 / \Iwo Riley- Purgatory Creek Watershed District 8950 COUNTY ROADEDEN PRAIRIE,MINNESOTA 5534 July 13, 1978 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Creekside Heights Development Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley—Purgatory Creek Watershed District have 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 for this project. 1. A grading and land alteration permit must be obtained from the Watershed District for this development. An erosion control plan must accompany the permit application. 2. A detailed storm sewer plan must be submitted to the District for review and approval. Consideration should be given to carrying the discharge from the small ponding area to Purgatory Creek. Details of the ponding area outlined must also be provided. Thank you for the opportunity to comment on this development at an early date. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely,1/ec'' (��J�(�� II� �� 1.1,'''tom'`^^ Allan Gebhard BARR ENGINEERING CO. Engineers for the District AC/tn cc: Mr. Conrad Fiskness Mr. Frederick Richards Mr. Rich Sathre 1Flzu7 .. . . . . . nazsand • devQ_©�ment corporat.ai) • A. May 26, 1978 Ms. Joanne Barron Metropolitan Council 300 Metro Square Bldg. 7th & Robert Streets • St. Paul, Minnesota 5f101 Re: Modest Cost Housing Competition Dear Ms. Barren: I am pleased to inform you that Hustad Development Corporation and Hustad Development Corporation and Hart Custom Homes, Inc. will be entering the Modest Cost Competition for 1978. Our project is currently before the Eden Prairie City Council and Commissions for review and we hope approval. Our project will provide 27 single family lots ranging in size from 6,000 sq. ft. to about 11,0(X) sq, ft. with a modular factory built, UBC home of 980-1200 sq. ft. for prices ranging from under $40,000 to $48,000. The financing package we anticipate using will allow the buyer to purchase the home with $3-.4,000 down and P/I payments around $300/month. . If we are unable to finish construction of the first two homes by the August 15 application deadline, I expect we will have to change our • application to the design segment of the competition. We believe that the approach we are trying may turn out to be a significant breakthrough in providing affordable single family homes. Sincerely, Richard A. Putnam RAP/sr '�,�`. 12750 PIONEER TRAIL EDEN PRAIRIE,MINNESOTA 55343(612)941-4383 tionstad . . . • ,. deve0opmQnt eorporat 001) r 1 May 26, 1978 . : To: EDEN PRAIRIE CITY COUNCIL, COMMISSICNS, CITY STAFF From: Rusted Development Corporation The Creekside Heights proposal for 27 single family lots and a 1 acre • 1.2 industrial lot is made by Hustad Development Corporation in behalf of Mr. Roy Peterson and Hart Custom Homes. Mr. Peterson is the owner of 2.3 acres (Block 3, Lots 1 & 2 on the Creekside Heights Addition preliminary plat.) Hart Custom Homes, Inc. is the prospective purchaser of the 27 lots for construction of single family homes available to • moderate and middle income families. Hustad Development Corporation proposes to develop 27 single family lots for Hart Custom Homes who will build and market homes.to individuals. Mr. Peterson currently lives in the home and is temporarily operating his plumbing business out of his home. Mr. Peterson purchased the property in 1977 from Hustads with the intent of living in the home and building small office/warehouse along Co. Rd. 1 for his business. Mr. Peterson's plans and HDC's plans aro presented together in an effort to clarify any questions. • . • PRMENT STATUS The properties are part of the Hustad Office PUD approved in 1973. The original PUD plan proposed office and industrial for the site with open space dedicated or reserved by scenic easement for the Purgatory Creek • 12750 PIONEER TRAIL,EDEN PRAIRIE MINNESOTA 55343(612)941-4383 . 1 .dam Valley. • The site is presently zoned rural except for a 1.15 acre parcel which is zoned 1-2 Park. Across Co. Rd. 1 three industrial buildings exist and one single family home. West of the site is a small home which is rented ^' ^; and Flying Cloud Oil bulk storage tanks,and Associated Well Company. Hennepin County and Minnesota Department of Transportation are currently working up plans to relocate the U.S. 169/Co. Rd. 1 intersection and move existing Co. Rd. 1 south behind the existing industrial buildings. Completion of the project is projected for 1980. ;. F,. PROPOSAL • HDC is proposing to develop 6.7 acres as small lot single family expressly designed for modular units that meet the state Uniform Building Code (UBC). These units will be constructed on crawl space foundations or full basement foundations. The units are proposed with no garage. The site plan illustrates apace available for future garage addition that will work with each home design. The homes will range in size fran a 241 x 41' unit of about 980 sq. ft. to a 26' x 48' with over 1200 sq. ft. on the first floor. Hart Homes and HDC will be entering the Metropolitan Council's Modest Cost Housing Competition if the project is approved by the City. The competition deadline is August 25th for units constructed, so our timing for govern— mental .approvals and construction is very tight. We hope to be able to produce homes that will provide a total price of $40,000 to $50,000 and monthly payment as low as $300 per month Principal and Interest with $3-4,000 down payment. We believe the project has an excellent chance to win the competition because of the site/location, design and value to the home buyer. SUBDIVISION STANDARDS In order to make the lot cost compatible with the lower price home the lot size and design standards are different from those used in conventional Eden Prairie single family neighborhoods. Basically, the lot costs are 2. fixed in terms of development costs; streets, utilities, and grading, etc. so the land price remains amstant. The major way of reducing the total cost per lot is by increasing the number of lots (density) in a given area and holding your development costs fairly constant. • The proposed Creekaide Heights Addition has lots ranging from 6050 sq. ft. to 11,000 sq. ft. at a gross density 4 units/acre including Outlot A or 2.9 units/acre including Outlot A. The lots are sized to fit specific home designs and range from 56' to 78' at the building setback line. Set- backs are proposed to reduce non-usable outdoor space. For example the minim m► distance from street curb to garage door is no less than 31' with the 20' front yard setback. Side yard setbacks are proposed at a 5' minimum and rear yard at 5' minimum. =6 : : Proposed Creekside Heights PUD Standards ft Lot area 4000 sq. ft. minimum Minimum frontage at building setback- 52' at street right of way 45' Setbacks - yards ' front 20' ; side 5' • rear 5' Parking/Garage No garage required 2 parldng spaces/unit minimum HDC is working closely with Hart Custom Hanes to design a subdivision that will be a model for small lot, low priced, single family development. a, We believe this concept fills a void in the housing market that represents a large share of those currently unable to afford a home. Young families and retired couples are the most likely buyers. We believe that the opportunity to own a new home for around $40,000, today is a break through which can only be achieved by using factory building technology in combination with efficient land planning and development. PETERSON PROPEEEY Mr. and Mrs. Peterson wish to retain their present home overlooking Purgatory Creek and develop a 1 acre industrial lot adjacent to Co. Rd. 1 for a 9-10,000 sq. ft. building. HDC proposes shifting the 1-2 park arming adjacent to their land to their lot fronting on Co. Rd. 1. The industrial building will orient to the west with only landscaping and blank wall exposed to Peterson's existing home and the Creekside Heights homes. We believe this provides a positive buffer with the existing industrial area and retains the existing Peterson home as residential. A 40' easement is proposed for access to the home through the industrial parcel an what will be the industrial building driveway. This should provide adequate access an a maintained road for safety purposes. Mr. Peterson will begin ccmstructioi of the new industrial building if approved by the City during 1978. PROJECT SUMMARY '! Gross Industrial Residential Open Acres Acres Acres Space Peterson property 2.3 1 1.3 Creekside Heights 27 lots 6.7 6.7 • Outlot A 2.6 1 8.0 2.6 Total 11.6 1 8.0 2.6 SUMMARY OF REQUEST Rusted Developnent Corporation is requesting the following consideration for • the Creekside Heights Addition. 1. Rezoning fran 1-2 Park and Rural to R1-13.5 single family for construction of 27 lots which vary from Ordinance 135. 2. Approval of the Preliminary Plat for Creekside Heights Addition for 27 lots and Outlot A to be dedicated to the City of Eden Prairie. Mr. and Mrs. Roy Peterson request consideration by the City of Eden Prairie ofs 1. Rezone appro%mately 1 acre fronting on Co. Rd. 1 from Rural to 1-2 park consistent with Ordinance 135 except for minimum lot size of 2 acres. • 2. Approval of the Creekside Heights Addition preliminary plat including the division of their 2+ acres into two lots. 4. DEPARTMENT OF TRANSPORTATION o"" 320 Washington Av. South �. �j 55343 �•.:s^ • Hopkins, Minnesota HENNEPIN . J L... 935-3381 ft July 17, 1978 :1. Mr. Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Enger: RE: Proposed Plat - "Creekside Heights" CSAH 1 - North side, east of TH 169-212 Section 27, Township 116, Range 22 Hennepin County Plat No. C71 Review and Recommendations • Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We have reviewed the above referenced plat and find it acceptable with consideration of the following conditions: 1. The proposed development is within the construction limits of State Project 2744-28. This project is scheduled for contract _letting in 1979. Contact Mn/DOT District 5 Headquarters, Golden . - Valley (545-3761) for specific project information. 2. Any conflicts between the State project and the Creekside Heights 1 development should be resolved before allowing work to begin on the proposed plat. 3. A minimum of an additional 7 feet of right of way, for a total of 40 feet from and along the centerline of CSAH 1, should be dedi- cated. 4. All access from the plat to CSAH 1 must be limited to proposed Creekview Circle and the proposed easement located along the west side of Lot 1, Block 3. HENNEP1N COUNTY /-�.I an equal opporlun ly employer Creekside Heights Page 2 5. An approved entrance permit is required before beginning access construction. Entrance permit forms are available from our Traffic Division, 935-3381. 6. All proposed construction within County right of way requires County approval before beginning construction. This includes, but is not limited to, drainage construction, utility construction, trail development, and landscaping. A utility permit is required for this work. Utility permit forms are available from our Main- tenance Division. 7. The developer must restore any area within County right of way that is disturbed during construction. Please direct any response or questions to Douglas Mattson at this office. incerely, (/% ., loll,444, ames M. Wold, P.E. Chief, Planning and Programming JMW/DBM:hg cc: Hustad Development Corporation • Mr. Roy Peterson Hart Custom Homes • • /,', D L 1, o�;t'?`sotg2 , '" ° Minnesota Department of Transportation A < ) r` f. �lOF TF.t. 1,?O55 No. Lilac Drive t F; Golden Valley,Minnesota 55422 (612)545-3761 y, July 12, 1978 Ir. Chris Cnger, Planning Director City of 'den Prairie 1950 Eden Prairie Road Eden Prairie, 'linncsota 55344 '`i S.P. 2744 T.H. 169 Plat review of Creekside ;?eights located in the N.E. quadrant of T.H. 169 and C.S.A.H. 1 in • in Section 27, Township 116 North, Range 22 hest in City of Eden Prairie - Heneepin County Dear Pr. inter: • We are in receipt of the above referenced plat for our review in accordance with lIinnesute Statutes 505.62 and 505.03 Plats and Surveys. ife find the prat acceptable for further developnent with consideration of the following - The Pinncsota Departaent of Transportation (It-/DOT) is planning to _ prove T.H. 169 in this area. Plans will include relocation. of C.S.A.H. 1, wbiening, sis-nals and channelization on T.H. 169. This wort- will a f feet the propcsed plat because it will reruire additional runt of way for T.H. 169. Our .rsib-ner is presently worti.ng on final et istruc n .- -,its which will d:•cc•r,-ine out- right of nay needs. It is anti:'. ;-,-'d these will he co-pieced is Neve;irr, 197S and at that tine we will he able to Teter ine a new ri ht of way line. ^sed on prl, .in.'ry review it ars that Out lot A, Lots 6 and 7 in ; ..k. flock 2 and lot 22 in flock 3 will ne a:facted. - It is expected that noise levels will exceed both State and Federal standards for resicrntial land use. `h /DOT policy is such that we will not provide any noise abat ntent for new developt,eate adjacent to major transportation facilities. Alternative '_•cc:sures to design of the proposed develo;.^.,ant such as building set Laci:s, use of local topography or estahlish:rtwnt of earth `errs should he i.nvestii;ated. A Lood reference on this subject is a r.ac•.al which was prepared for the U.S. Department of i Transportation entitled, "The Audible Landscape." - It should he understood that all access to the proposed plat will be off of C.S.A.H. 1. An Equal Opportunity Employer / 32 C:.ris Enter July 12, 1978 Pale 2 - The developer's surveyor should contact our District Land Surveyor, Mr. }:eith Sur at 545-3761 extension 199 hu.fore the plat is fira.led to ensure that his ru:vey is compatible with hi;;hway right of way. If you have Pay questions in regard to the shove ce-aents, plr_::se contact • our District '..avoct, F.: ..,ich and Deve:u,ruent Ln, facer, ttr. J. S. l;atz at • 545-3781 extension 150. Th,Ink you for your coo^c•,at-ion in this 1:atter, Sincerely, -' W. M. Crawford, P.E. • District Director / cc: John no?and ..etrepolitan Council Gary Sacker H=nnepin County • • /e.?, • STAFF REPORT TO: Planning Commission FROM: Chris Enger, Planning Director DATE: June 22, 1978 PROJECT: Creekside Heights DEVELOPER: Hustads, Inc., Leroy Peterson, LOCATION: North of Pioneer Trail, West of Creekside SF & DBL , And East of US 169 ' REQUEST: 1. Rezoning A. rezoning from I-2 Park and Rural to R1-13.5, with variances, for 27 single family lots. B. rezoning from Rural to I-2 Park for 1 acre, with lot size variance 2. Preliminary plat approval of Creekside Heights, including: 27 single family lots, outlot A , 1 industrial lot, and 1 existing single family lot LOCATION MAP ---N\ ..,.....----- - ._ 1: :. . ja L5N---1111:3L--.----- -1:1- STARING LAKE .,/ N 147h.v 'Y'..\ i1131m ( (*P \\ 11\0•....?:' ,I.. ••.44.4.4 4, el(„ -•-• ...4" PS% r.:(0 7 , LIT-6 ,' i,:f_t- ifrtitA ;`....,\I,ilk, ''•77-)“---6 I ,,, 47,v44,14,....ii.,......)... +.......N � '"-r 3.'1 P Cr ekwo SF&DBL -- t • 27-5 3 iv is o PUB c Loup 27`r 7:7111, 011t /I PU 0 /7..j,i/ ! 1 • A Report-Creekside Heights -2- • e t,�11'l June 22 , 1978 a u `,fit \ RRR BACKGROUND • �='��� s' .4• 1 1975-02 PUDa. :�,.) . - `'--- HUSTAD OFFICE 4f' I, o'i:o••cy;:. '>v.\;C(a „'; . �;t M Me 2ete concept plan g 1978 REZONING REQUEST / 77 t , �1\=��f�' .._ • e/ /�i ° � �N — ,�f ��� ` ' v. :„,,:ti ,„ ..,.... • ;t.• ..:: _ ,. •' :7 =1 -•_�._ �i\� 1. I iP i. / �.. n :: ,rye T.. )1,,, „,0• ,\ ', tw � :k\ N iy �� r r .J.�2 rj- , � . ;: „ , 4 1 ems\14-/- ,,y,'. .(,(1D. /.4)),1',\1. v*„._f_ 1, ,:•--i.'-.:rj;:T 1 ','y',, s', ; G• ' ', } '/, ( y fit \ `1 U :it \' ` , 4___ ) 1 ill v.)) it t It.." : : . . ��17 i .. ` - s%1t ,;.-:i-7 i(• n�TY�it- f+... ',' . Staff Report-Creekside Heights -3- June 22, 1978 REZONING REQUEST: The proponents are requesting rezoning from I-2 Park and Rural to R1-13.5 for 27 single family lots on 6.7 acres; and from Rural to I-2 Park for 1 acre industrial lot on property which was concept approved in 1975 for industrial and office uses. The 1968 Guide Plan depicted this site ( area north of Co.Rd. 1, West of Creeknoll Road, and East of US 169 ) , as multiple and single family. The 1978 Draft Guide Plan proposes this site as residential low density and park/open space. The following are requirements of Ord. 135 for the R1-13.5 District: maximum density of 2 lots/acre (min. width 90', depth 100') front yard setback 30 feet rear yard setback 20 feet side yard setback 10:25 feet lot size minimum 13,500 square feet Variances Requested The proponent is requesting the following variances if the proposal is approved as submitted: variance from density to allow 4.3 units/acre (2.9 u/a if the park dedication land is counted) variance from garage requirement of 1 enclosed/ 1 outside space variance from minimum lot size of 13,500 square feet to allow lots of 6,000 square feet and greater. variance from minimum frontage of 90 feet, to allow 52 feet at building setback, 45 feet at ROM line. variance from setbacks as follows: front yard setback 20 feet • side yard setback 5 feet either side rear yard setback 5 feet /J • Y Staff Report-Creekside Heights -4- June 22, 1978 The City , in 1976 , did approve Edenvale 11 th Addition, without garages and with setbacks of:5 feet from garage to side yard, 10 feet for 1-1= story house to side yard, and 15 feet for house$of 2 stories or greater to side yard. This was in an attempt to provide modest cost housing. The sales of the project were successful, and todate nearly all theunits have garages . The proponent is proposing to construct modular units on crawl space foundations or full basements. In checking with the Metropolitan Council's Department on Modest Cost Housing Competition, applications for the Modest Cost Housing Competition will be reviewed on building type, house for the money, location, design, etc., garages or basements are not required. Zoning Ordinance 135, Subd. 4.2 (b), page 3, addresses modular construction as follows: " (b) R1-13,500 single family detached dwellings and accessory structures of standard or modular construction by platting or planned development with sanitary sewer service. " ROAO SYSTEM When Co. Rd. l's intersection with US 169 is realigned and signalized, the proposed single family plat, existing Creekwood single family and double plat, and future office/industrial uses, will have very good acccess to Co. Rd. 1 and US 169.. The City will receive the abandoned portion of Co. Rd. 1 as a City street �. from the County when the realigned portion of Co. Rd. I is functioning. This new city street will be the future access for the plat. • 16• L Staff Report-Creekside Heights -5- June 22, 1978 LAND USE Modest Cost Housing The Metropolitan Council's competition for provision housing under $50,000 for single family homes is laudible. However, as it pertains to this project in particular, the following information is necessary to be able to determine how much of a cost savings is being provided by the smaller lot sizes. • 1. Cost per lot to Hart Homesor ultimate buyer. 2. Estimated cost savings on sewer, water and street by going to smaller lots. 3. Approximate cost of raw land. 4. Cost of units from Hart Homes. 5. The model numbers on the site plan do not seem to correspond to numbers in the brochure, unit sizes should be clarified. Eden Prairie has a commitment to providing opportunity for housing of all economic ranges. The proposed Guide Plan suggests a residential district for manufactured housing to provide low and moderate income units. This would provide middle income housing which is of course also important. The question is, if the opportunity is provided, what assurances does the City have that all of the homes will be under S50,000 . Or will the units range over $50,000 providing 1200 square feet units with walkout basements. If commitments to not exceed $50,000 for the rest can be obtained from the devel- oper, this site seems fairly well suited to try this from other residential areas of the City,and does abut Purgatory Creek as an open space amenity. Site Plan The street alignment and lot layout for the 27 small lots requires substantial grading'. With 10 feet total occurring between some of the homes, with a 3-4 foot grade difference,positive drainage may be difficult to maintain. However, without a more precise grading plan showing how swales would be treated between units it is impossible to tell. Drainage problems may have a tendency to be accentuated on small lots. The road reaches a maximum of a 7% grade on the northern curve. There will be approximately a 5 foot cut required on the road in the location of the old barn. lc'- Staff Report-Creekside Heights -6- Jume 22, 1978 The site plan submitted shows building locations and potential garage locations. The ultimate development of this area will differ from traditional subdivisions; the closeness of the units, the placement of garages toward the front of the house, detached garages and smaller front yard setbacks. In order to alleviate a cluttered appearance in this project prior to garages and basements, a small utility building should be designed which is complementary to the homes and should be required as a part of the sale if a garage is not . Mr. Peterson is operating a plumbing business illegally out of the existing single family home. Material, equipment, and trucks are being stored in the front yard. This use is clearly in violation of Ordinance 135. Platting of his property into two lots could result in a very poor relationship between the existing single family home and the proposed industrial building if the property was sold separately. Access to the home, other than through the proposed industrial parking lot should be required as well as connection to sewer and water. Detailed plans illustrating heavy screening around the proposed industrial building are essential prior to rezoning. Parks, Open Space and Trails A major community trail along the north side of existing Co. Rd. 1 is anticipated to be built using grant money. However, an additional 10 feet of ROW will be required through this project on the north side of the road. Because of the small sizes on the 27 lots, an area for neighborhood play is very important. Outlot A alone is not suitable for this purpose, however , the triangular shaped piece north of the wooded slope for the whole PUD would be. It would provide space for a totlot, open game field and skating rink if the developer provides a safe way down the slope and across the creek. The entire site had been inspected last year and the year previous for Dutch Elm disease. Over 100 trees were ordered down. To date , none of these have been removed. Staff Report- Creekside Heights -7- June 22, 1978 RECOMMENDATIONS The Planning Staff would recommend the Planning Commission recommend to the City Council approval of the Creekside Heights rezoning from Rural &I-2 & prel•imina plat approval of 27 single family lots and 1 existing single family lot subject to the following items: 1. A detailed grading plan showing existing and proposed contours must be submitted prior to council review. 2. Project must be approved by Hennepin County and the Riley Purgatory Creek Watershed District. 3. A utility shed design must be submitted prior to review by the Council and these buildings must be erected with the house if a garage is not. 4. An additional 10 feet of ROW on the notth side of Co. Rd. 1 shall be given for for trail purposes. 5. All diseased elms on the property and on the property to be conveyed to the City must be removed prior to final plat approval. 6. A stairway to give access for the residents to the open space area shall be constructed at the time of utility construction. In addition, a pedestrian foot bridge shall be erected across Purgatory Creek. 7. The developer shall agree to provide 50% of the units to the home buyer for no,more than $40,000 and 50 % for no more than $50,000. 8. The developer shall provide information on lot cost and utility cost savings prior to review by the City Council. 9. Access shall be provided through the project to the existing single family home. 10. A totlot ( swings, slide, sand box ) structure shall be constructed by the developer in the open space area shown in the original PUD and this area shall be dedicated to the Public free of any taxes or assessments. 11. The 27 lot area shall be exempt from the cash park fee. �. 12. Lot size and setback variance requests to be granted. 13. Scenic easement to be given to the City across the back of lots which fall within the Transition Zone prohibiting clearing of vegetation, grading , and structures of any kind. 14. Future land use in PUD to be asesseable for cash park fee. /`j ) Staff Report-Creekside Heights -8- June 22, 1978 RECOMMENDATIONS, Continued Planning Staff would recommend the Planning Commission recommend to the City Council approval of the preliminary platting and zoning of the proposed industrial site subject to the following items: 1. Access to the existing single family home must be provided through the proposed single family plat. 2. Within 60 days of rezoning of the proposed industrial building,the owner must commence construction of an approved industrial building in order to carry on his existing industrial use of the property. 3. A detailed screening plan must be submitted to the City prior to review by the Council showing adequate screening of the ildustrial use from the surrounding single family. 4. The existing home should connect to sewer and water at time of construction of the industrial building. 5. The existing single family home shall be brought into conformance with City policies and ordinances. 6. The $1200 / acre cash park fee shall be paid at time of building permit for the industrial use. CE:jj QCA1*tall �o 1• o (� :��3 111ll hvg O� �� j404, PlvitN Ct'rt�g 900 Metro Square Building.7th Street and Robert Street,Saint Paul.Minnesota 55101 Area 812.291-83Se March 20, 1978 TO: Metropolitan Area Builders, Developers, Architects and Interested Citizens On behalf of the Metropolitan Council, I invite and encourage you to enter a housing competition the Council is sponsoring this year to stimulate and recognize innovation in the construction and design of housing affordable by middle-income people. The competition consists of two parts: a competition for con- structed housing; and a design competition. Housing units and designs which fit the attached criteria and which sell for no more than $50,000 can be entered. The Council has asked a connnittee of experts in housing and hous- ing related fields to design and carryout the competition. The committee will also select the winners. The winning housing units will be open for a Metropolitan Council sponsored public tour during a September weekend; the winning designs will be exhibited in one or more public places the same weekend. Winners will receive public recognition, plus a certificate or plaque from the Council. The competition is, I believe, a useful way to recognize and stimu- late efforts in the private sector to meet the Region's goal of more affordable housing for Metropolitan Area families. Competition details are attached. If you have questions, feel free to contact Joanne Barron of the Council's Housing staff at 291-6385. Sincerely, ( CD" ~� ✓N✓ .,ohn Boland Chairman JB:em /0/ An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: 0 Scott County 0 Washington County Anoka County o Carver County 0 Dakota County o Hennepin County o Ramsey County A • • MODEST-COST HOUSING CONSTRUCTION AND 'DESIGN COMPETITIONS Y .Sponsored By } THE METROPOLITAN COUNCIL OF THE TWIN CITIES AREA • ' i'' x ' 1978 Y ! r• f ti. • .The Metropolitan Council ii pleased to announce the 1978 Modest- :.Cost Housing Construction and Design Competitions. In 1977 the Council conducted a housing competition that was • successful in bringing visibility to modest-cost housing and 'recognition to the builders and developers of the housing. - This effort is being continued this year. T.. •The 1978 competition will"consist of two parts: a competition ?' 'for built housing and a design competition. The purpose and theme of both parts is the•same--to encourage and recognize innovation in the design and construction of modest-cost housing. The Council invites entries of constructed housing units or designs which are affordable to modest-income persons and which are innova- tive in some way. The Council finds a great need for housing that is affordable to modest-income families, and encourages the con- struction of such housing. By including innovation as well as cost as criteria for the competition the Council hopes to stimulate and recognize new ways of providing more housing alternatives for modest- income families. Innovation is defined as any change in design, construction techniques, use of materials or other application which provides more liveability in a housing unit and reduces cost. The housing units and designs will be evaluated by a nine-member committee of experts in housing and housing-related fields. Winners will be selected for each competition in several categories by type of housing. The winning housing units will be open to public tour the weekend of September 30-October 1. The winning designs will be on display in one or more public locations beginning that weekend. The winners will receive plaques or certificates of recognition. The two major criteria for both parts of the competition are cost and innovation. These are as follows: Cost Criteria The housing units and the designs must have a sales price (estimated -2- . . ' . sales price for designs) of no more than 550,000, including land costs. ••.Housing units selling for more are not affordable, by the .general rule-of-thumb, to modest-income families. - 1 . The entries will be judged in two cost categories: under $39,000 • and $39,000-550,000. . . . Modest operating and maintenance costs, in addition to modest initial costs, are important considerations for any consumer buying a house today. Therefore, the energy efficiency and the maintenance or life-cycle costs of the entries will be important considerations. Examples of ways to decrease maintenance or life-cycle costs in- - :•clude choice of roof materials, choice of exterior siding, and :solar-assisted hot water heating. - . Innovation Criteria 4 '' The housing units and designs must be innovative in some respect. Innovation may take many forms, and a variety of types of innova- . tion is encouraged. Some suggested types of innovation are listed • below; these do not exclude other types of innovation. An entry is considered innovative if it is a design or technique, etc. that is not generally marketed . in this area or that the public is not generally - aware of. Innovation may be a variation in the use of materials, construction methods, floor plans, or site planning which adds liveability and reduces costs. Innovation may involve site planning on a broad scale, such as for attached housing, and for subdivision design and cluster housing design which might include zero lot line and other ways of making better use of the land. Innovation may involve designing a housing unit that is easily adaptable to the needs of physically handicapped persons. . Eligible interested persons are invited to enter a constructed hous- ing unit or design that fits the above criteria. The schedule and details for each part of the competition are con- tained on the following pages. Anyone interested in entering the competition is asked to request an application form from the Metropolitan Council by filling out and returning the form at the bottom of page 4. /09 r -3- • . Schedule , . } Housing Construction Competition ; 'Design Competition March 17 •.'Announce competition : Announce competition • • • 'July 14 - Application deadline - Pre-application dead 1:00 p.m, r< line-intent to enter (a pre-application • must be submitted by e I every applicant) August' 15 Construction completion Application deadline •. i =I, date• • 1 (1:00 p.m.) • I. •=September 15 . • Announcement of winners Announcement of winners • September 30 r Tour weekend Public exhibits begin • October 1 ,. ? y - r Housing Construction Competition Builders, developers, and other public or private groups engaged in the production of housing are invited to design and build a housing unit fc. the competition. The winning housing units must be available for public tour the week- end of September 30-October 1. If the house is occupied, the ap- plicant is required to make arrangements for the home to be avail- able for the tour. Any type of housing-for-sale is eligible for the competition--single- family homes, townhouses, quadraminiums, condominiums, or other types of housing. The housing may be constructed by any method, convention- al or manufactured. Subsidized housing is eligible, but the unsub- sidized market rate sales cost must be no more than $50,000. The housing must have been completed since September 1, 1977. Rehabilitated housing is also eligible, if the rehabilitation was be- gun after September 1, 1977. Rehabilitated housing is defined as housing built before 1939 in which all mechanical structures have been updated to current standards, and which has been completely redecorated. It may or may not include alteration of the interior, such as in condominium conversions. The housing must be serviced by public sewer and water and must be consistent with the orderly growth of the Metropolitan Area. An applicant must submit an application form available from the Metro- I��IN r -4- • politan Council. . Two photographs of the entry must be sub- witted .along with a site plan which describes the relationship of the housing unit to its lot. Each applicant must Also in- ,t • T, . elude with the application a description of the innovative . ,.features of the unit. Applications which do not contain these .. • `: :~items cannot be accepted. Preliminary judging by the committee .will be based on these items. ▪ Design Competition .:Any Metropolitan Area .resident-may submit a design that fits the "•.• ' ;',criteria described above. .,.The design may be for any type of hous ,`: :' ing, as listed above. : Applicants do .not have to be registered -builders or architects.-• -'"::.:' - '...:-.:::? `• An applicant must submit along with'the design an application- form ••,:available.from the Metropolitan Council. Each submitted design may include up to three sheets, each of which measures 20x30 • :: inches. All entered materials including drawings, descriptions, . - and cost estimates must be mounted on these sheets. One of the • items that must be submitted is a description of the innovative • features of the design. All materials submitted must be re- producible. Final contestants may be asked to submit additional material for display. To request an application form, fill out the form below and return to: - ' Joanne Barron - :- Metropolitan Council . 300 Metro Square Building , 7th and Robert Streets . . . St. Paul, MN 55101 • 291-6385 • • Please send me an application form for the • housing construction competition housing design competition • Name Address City '!' 1978 MODEST-COST HOUSING CONSTRUCTION AND DESIGN COMPETITIONS Sponsored by the Metropolitan Council RULES AND APPLICATION FORM FOR HOUSING CONSTRUCTION COMPETITION The eligibility criteria and rules for the housing construction com- petition are contained in the competition announcement. Please re- fer to the announcement for this information. Schedule - Housing Construction Competition July 14, 1:00 p.m. • - Application deadline August 15 - Construction completion date September 15 • - Announcement of winners September 30 - - Tour weekend October 1 1978 MODEST-COST HOUSING CONSTRUCTION AND DESIGN COMPETITIONS Sponsored by the Metropolitan Council APPLICATION FORM - HOUSING CONSTRUCTION COMPETITION Name of Builder or Firm: Address Phone City • Contact Person Phone Address of Entry: City Month and year completed, placed on site, or expected completion date: Is the home now occupied or will be in September? Yes No Sales Price Lot Value (must be updated to current cost) Description of Home: • Type of Home: Detached single-family home split-level rambler other-state Townhouse or other single-family attached Condominium or cooperative apartment number of units in monthly maintenance charg the building Type of Construction: Manufactured housing pre-fabricated pre-cut mobile home Conventionally-built housing (stick-built) Substantial rehabilitation or conversion This home is: Part of a subdivision Number of units in the subdivision: Scattered site development Garage included: Yes No Square feet of finished living area: sq. ft. Number of rooms (exclusive of bath) PLEASE COMPLETE REVERSE SIDE 1� ,') Number of bedrooms:_ Expansion space: Yes No Appliances included in sales Landscaping: Yes No price: Yes No Lot size: sq. ft. What have you done to decrease maintenance and operating costs, specifically energy costs (appliances, fixtures, choice of siding, etc.)? Comments: Name of co-sponsoring agency, if any (such as non-profit group or local HRA) , Were funds received for the construction of this house through federal, state, or local subsidy programs, or through partial supplement of the selling price by land write-down, purchase of HRA lot, etc. Yes--Program or Type of Subsidy No • If yes, what is the current unsubsidized market rate sales price? The following must be submitted with this form: -- A site plan which describes the relationship of the housing unit to its lot. -- A description of the innovative features of the unit. -- Energy calculations for compliance with energy code. The following must be submitted with this form or by August 15: -- Two photographs of the entry. Return this form by 1:00 p.m. , July 14 to: Metropolitan Council 300 Metro SquareBuilding St. raul, MN 55101 ' ATTN: Joanne Barron, Housing Division 1978 MODEST-COST HOUSING CONSTRUCTION AND DESIGN COMPETITIONS Sponsored by the Metropolitan Council RULES AND APPLICATION FORM FOR HOUSING DESIGN COMPETITION The eligibility criteria for the housing design competition are contained in the competition announcement. Please refer to the announcement for this information. As listed in the eligibility criteria, the maximum estimated current sales value of a submitted entry is $50,000. The entries will be judged in two categories: under $39,000 and $39,000-$50,000. The applicant is required to estimate the total costs to construct the design and to select a properly- zoned available site within the Metropolitan Area. The value of the chosen site including all public improvements together with the construction cost estimate cannot exceed $50,000. The items which must be submitted with the application are listed on the application form. Schedule - Housing Design Competition July 14, 1:00 p.m. Pre-application deadline-intent • to enter (a pre-application must be submitted by every.applicant) August 15, 1:00 p.m. Application deadline-all materials due September 15 Announcement of winners September 30 - Public exhibits begin October 1 • ��i�a • 1978 MODEST-COST HOUSING CONSTRUCTION AND DESIGN COMPETITIONS Sponsored by the Metropolitan Council PRE-APPLICATION - HOUSING DESIGN COMPETITION Please complete and return this form by 2:00 p.m., July 14 if you in- tend to enter the competition. Name Address City Phone 1978 MODEST-COST HOUSING CONSTRUCTION AND DESIGN' COMPETITIONS Sponsored by the Metropolitan Council APPLICATION FORM - HOUSING DESIGN COMPETITION Name of Applicant or Firm: Address Phone City Contact Person • Phone Qualifications of Applicant Builder/developer Architect Student None of the Above Type of Home: Detached single-family home Townhouse or other single-family attached Condominium or cooperative apartment number of units in the building Other-state The design if for: A subdivision or Number of units in the cluster develop- subdivision: ment Scattered site development Cost estimate The attached cost sheet must be completed to ensure that all costs necessary to construct the design are accurately reflected. The total of the costs listed on the attached sheet cannot exceed $50,000. List below, from the cost sheet, the following costs: Estimated construction cost + land cost ffi (not more than $50,000) Location of Lot City PLEASE COMPLETE REVERSE SIDE 661 -2- • • Garage included: Yes No Square feet of living area: sq. ft. Number of rooms (exclusive of bathl: Number of bedrooms: Comments: The following items must be submitted with this form: -- The attached cost sheet. -- Any drawings and descriptions the applicant chooses to explain his design. -- A description of the innovative features of the unit. -- A site plan which shows the relationship of the design to its lot. The above items with the exception of the cost sheet must be mounted on no more than three sheets, each of which measures 20x30 inches. All materials submitted must be reproducible for display purposes only. No models or other materials will be accepted or reviewed. • Return this form and all materials by mail or in person by 1:00 p.m., August 15 to: Metropolitan Council 300 Metro Square Building St. Paul, MN 55101 ATTN: Joanne Barron, Housing Division Submitted entries may be picked up at the Metropolitan Council before November 1. • • i1 1`d5Z 1978 Modest-Cost Housing Design Competition sponsored by the Metropolitan Council COST ESTIMATE • Labor, Material • Items and Subcontractors Total Cost .. SURVEYS, BUILDING PERMITS L ARCHITECTURAL SERVICES I. EXCAVATING, BACKFILLING I. GRADING 1. FOUNDATION s. CONCRETE WORK t. WATERPROOFING E. STEEL r. LUMBER D. CHIMNEY, FIREPLACE - ROOFING • INSULATION t.. MILLWORK • CABINETS HARDWARE PLASTER, DRYWALL • WATER, GAS, SEWER CONNECTIONS • PLUMBING N. HEATING L AIR CONDITIONING - SHEET METAL • ELECTRIC WIRING L ELECTRIC FIXTURES ▪ COUNTERTOPS 1. LINOLEUM FINISHED FLOOR SURFACE • PAINTING AND DECORATING ▪ CARPENTRY BUILT-IN APPLIANCES t, GARAGE PORCHES AND DECKS SOD AND LANDSCAPING . WALKWAYS AND DRIVES • ▪ MISCELLANEOUS LOT-WITH ALL IMPROVEMENTS ▪ MORTGAGE EXPENSES .• OVERHEAD AND PROFIT SALES PRirE 11,E ✓ • -3- • Schedule • Housing Construction - Competition Design Competition March 17 • _ -.:Announce competition z Announce competition • `July 14 Application deadline Pre-application dead- 1:00 p.m. 4, line-intent to enter (a pre-application • must be submitted by •• - - '4: every applicant) •• August 15 Construction completion _ Application deadline date , 'WOO p.m.) -September 15 •'Announcement.of winners Announcement of winner. September 30 Tour weekend '` - Public exhibits begin' • October 1 ' • ;S S , Housing Construction Competition • Builders, developers, and other public or private groups engaged in • the production of housing are invited to design and build a housing unit for the competition. • The winning housing units must be available for public tour the week- end of September 30-October 1. If the house is occupied, the ap- plicant is required to make arrangements for the home to be avail- able for the tour. • Any type of housing-for-sale is eligible for the competition--single- family homes, townhouses, quadraminiums, condominiums, or other types of housing. The housing may be constructed by any method, convention al or manufactured. Subsidized housing is eligible, but the unsub- sidized market rate sales cost must be no more than $50,000. The housing must have been completed since September 1, 1977. Rehabilitated housing is also eligible, if the rehabilitation was be- gun after September 1, 1977. Rehabilitated housing is defined as housing built before 1939 in which all mechanical structures have been updated to current standards, and which has been completely redecorated. It may or may not include alteration of the interior, such as in condominium conversions. The housing must be serviced by public sewer and water and must be consistent with the orderly growth of the Metropolitan Area. An applicant must submit an application form available from the Metrc • r! Lf • Members Present: Anderson(Dave), Fifield, Garens, Kruell, Tangen Minutes - Parks, Recreation and Unapproved Natural Resources Commission - 6 - ' Monday, July 17, 1978 • b. C.P.T. Corporation • Enger spoke to the proposal and Staff recommendations, noting that according to Shoreline Management Act guideline, the pond was considered public waters. He added that a 'Cash Park Fee" would be paid for 30 acres, and a sidewalk would be constructed along the west side of Mitchell Road. Mr. Robert Knutson, legal counsel for C.P.T. Corporation, responded to questions from the Commission. Tangen inquired what the nature of the opposition was. Enger responded that a 70 signature petition opposing any project was submitted by the residents. Kruell asked why the change of zoning from each guide plan. Enger responded that the site was in a very undefined area, with no definite use outstanding. MOTION: Tangen moved to recommend to the Council the approval of the C.P.T. proposed project for a corporate headquarters facility, with the Staff recommen- dation. Garens seconded. Motion carried 4-1, with Kruell voting "nay", noting that the Development Proposal Check List contained opposition from neighbors who would rather see a different type of construction and he would like these owners to 'have the opportunity to be heard. Knutson responded to the opposition of the neighbors, commenting that many who were against the project were from the Red Rock. and Atherton sections, and were mainly opposed to any traffic congestion. ji">') Members Present: Sundstrom,_Bearman, Retterath, Lynch, Levitt, Martinson approved Planning Commission Minutes -2- July 10, 1978 B. C P T Corporation, request from CPT for rezoning from Rural to 1-5 Park on appproximately 30 acres located in the northwest corner of Scenic Heights Road and Mitchell Road for a corporate headquarters facility. Continued from June 26, 1978. The Planner summarized the contents of the June 30th staff report recommending approval contingent upon adequate landscaping, future building expansion review by City, low scale lighting, 5 foot sidewalk along eastern property boundary,etc. Dick Olson,Architectural Alliance, stated he did not feel the majority of residents signing the petition would be able to view the building. He added the building would be all-brick. Robert Knutson, legal counsel , CPT , stated the hours of operation of CPT would not coincide with MTS, multiple family units on this site would produce more auto trips, and that the use of mature trees in conjunction with berming would reduce the visibility of the building to the Scenic Heights neighborhood. He added they are requesting rezoning of the entire site not a portion ai. recommended in the staff report. Mr. Martinson asked if the future building would house office or assembly . Mr. Knutson replied it would house both. Mr. Knutson requested the Commission to recommend approval of both accesms Mitchell Road and Scenic Heights, as `hey feel it.is necessary for safety reasons. Lynch questioned the City's ability to limit truck traffic to 10%. The Planner replied 10% refers to the percentage of truck traffic Mitchell Road can handle without congestion or damage to surface. Mr. Sheppard, 14242 Chestnut Drive, suggested CPT request rezoning only on the portion of property which lies north of the proposed alignment of 212. Darcy Peterson,8357 Mitchell Road, felt the land use proposed is inconsistent with the existing residential. Mr. Sheppard stated he would prefer to have multiple on the site than industrial. Don Zupan,8210 Hiawatha Circle, stated some residents of Hipps Mitchell Heights do now prefer the CPT proposal to multiple as the traffic flow might be easier to handle and there would be no evening or weekend traffic. Gene Schnabel , 8211 Hiawatha Circle, stated he would face directly into the building and large parking lot area. Mr. Knutson replied adequate mature trees would screen Mr. Schnabel direct views of the site. Mrs. Sheppard, 14242 Chestnut Drive, expressed opposition to the site being developed as industrial or multiple. Motion: lynchmoved, Bearman seconded, to recommend to the City Council rezoning of the CPT site from Rural to 1-5 Park for approximately 30 acres with the stipula- tion that the remainder of the property (future building and/or parking ) be sub- ject to City Commission and Council review and approval. Rezoning approval to be contingent staff report of June 30, 1978. Motion carried 5:0:1 with A - Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD a4 EDEN PRAIRIE,MINNESOTA 55343 1-� July 13, 1978 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: C.P.T. Corporation Headquarters Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District have 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. Grading operations are planned adjacent to the ponding areas on the north side of the development site. This ponding ar_ will likely be classified as public waters by the Minnesota Department of Natural Resources (MDNR). A natural ordinary high water elevation has been established, no grading operations adjacent to this ponding area. Once the natural ordinary high water elevation has been established, no grading or filling will be permitted below this elevation until a permit to alter the bed, banks and cross- section of public waters is obtained from Minnesota Department of Natural Resources. If grading operations remain above the natural ordinary high water elevation, a grading and land alteration permit will be required from the Watershed District. An erosion control plan showing how erosion will be controlled both during and after construction must accompany the permit application. 2. The District requires that a detailed storm sewer plan be submitted for review and approval. If the ponding area is public waters, settling and oil skimming must be provided prior to the discharge of storm water to the ponding area. 3. The basement floor of all buildings must be constructed a minimum of 2 feet above the 100-year frequency flood level of the ponding area. Unless a detailed flood level determination is carried out, the District recommends that the natural overflow elevation from the two ponding areas on each side of Mitchell Road be used as the flood level. This elevation should be supplied by the developer of the proposed project. firc r • Mr. Chris Enger July 13, 1978 Page 2 Thank you for the opportunity to comment on this development at an early date. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, dij.‘AdiU Allan Gebhard BARR ENGINEERING CO. Engineer for the District AG/tn cc: Mr. Conrad Fiskness Mr. Frederick Richards Mr. Ronald Harnack Mr. Cliff Anderson Mr. Jim Larson Jpj ---CITT OFFIES/FSSS EDEN PRAIRIE ROAD/EDEN PRAIRIE.MINNESOTA SSSIS/TELEPHONE ,5121 141.22F2 _ ILr t ' ., . , June 21, 1978 Mr. Bill Crawford Mn DOT 2055 North Lilac Drive Golden Valley, Mn. 55427 Dear Mr. Crawford: Enclosed is application material from CPT Corporation for a headquarter office/warehouse proposal at the Northwest corner of Mitchell Road and Scenic Heights Road. This proposal will be'before the Planning Commission of Eden Prairie on June 26th and July 10th. As you see from the information, this project does fall within what was once considered the U.S. 212 corridor. We would appreciate MnDot's current position toward any acquisition of kris right-of-way. , • If you need further information or have questions, please feel free to contact me or other staff members at the City Hall. Sincerely, hris Enge Planning Di"•ctor CE:jj encl: • STAFF REPORT TO: Planning Commission FROM: Chris Enger, Planning Director DATE: June 30, 1978 PROJECT: C P T CORPORATION PROPONENT CPT Corporation REQUEST: Rezoning from Rural to 1-5 Park for 30 acres LOCATION: Northwest corner of Scenic Heights Road and Mitchell Road BACKGROUND The 1968 Guide Plan shows the southern half of this site,on which the building and parking are proposed, as M3 , low and medium density residential multiple dwelling. The 1977 Draft Guide Plan Update suggests this area as RN or residential multiple in a density range of between 6-10 units/acre. The existing zoning of the site is Rural and the site is bordered on the west by Public and the Methodist Church, to the south bordered by townhouses and single family homes&to the east bordered by vacant land which is partially zoned RN 2.5 ( multiple dwelling, 15u/acre maximum). Within the '68 Guide Plan the land occurring across Mitchell Road to the east is shown as Institutional/Multiple Dwelling. The 1977 Draft Guide Plan Update proposes this area as Industrial. The land to the north of the site is zoned I-5 Park with an existing single family home occurring on a 5 acre parcel immediately north and adjacent to Mitchell Road. 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C' % I J• c TT TNI Li ' ' \z-fe t( N,k/. -,/1 - • ' °3 --- la 1 i 1 I chaA. _ 1. t. 1 ) 1 jC\'il.;�` h1c9 Gt. ii'tl a w 11 \4 i.. +".-7 ,��' i l�_ ` 1 \ • _ - CI Staff Report-CPT -2- June 30, 1978 INTERSTATE 212 For years an anticipated 212 Interstate Corridor was foreseen diagonally across Eden Prairie somewhere through the location of this site. Both the 1968 Guide Plan and the Draft 1977 Guide Plan Update reflect this diagonal corridor, both showing the generally location traversing this site. The city staff has met on several occasions with Minnesota Department of Transportation (MN DOT ) regarding the 212 alignment. MN DOT no longer speaks of this corridor as the only potential route for 2I2. Although 212 has become become #2 priority in the State for completion within the Stage's Highway System, an environmental impact statement must first be written which will consider a number of different alternates for the corridor location. For this reason the highway department cannot commit to the alignment of 212 through this parcel at this time. We have forwarded the CPT request to the highway department to make them aware of this proposal in the area which used to be referred to as the preferred alignment through Eden Prairie for 212. If the reservation of the right-Of-way for 212 is considered as a reason for denying the rezoning application, the City would be in the position to have to obtain right-of-way for the highway department in relatively short order after denial of the request. TRAFFIC Scenic Heights Road is currently being upgraded to a 48 foot wide state aid section and this construction is expected to be completed within 6 weeks. As part of the upgrading of Scenic Heights Road there will also be an eight foot wide bicycle trail along the south side of Scenic Heights Road. Scenic Heights Road, from Red Rock Road west , will continue to be a 24-26 foot wide section, but has been overlayed with en asphalt leveling coarse. Scenic Heights Road west of Red Rock Road is a rural section containing no curb and gutter. Scenic Heights Road has been planned to be a minor collector and will have the capacity , when finally upgraded all the way to Co. Rd. 4 with 48 foot wide section, for 5,000-8,000 trips/day. 1%O Staff Report-CPT -3- June 30, 1978 Scenic Heights Road west of Red Rock Road after being upgraded will have a capacity of between 3,999-4,000 trips/day. Mitchell Road was upgraded recently with a 2-3 inch bituminous overlay which increased its capacity to the equivalent of a 7 ton road. The City Engineering Department considers this road as having the capacity of carrying truck traffic if no more than 10% of the total trips are available to trucks. There is a need at the intersection of TH 5 and Mitchell Road for a free right turn and an acceleration lane onto TH 5. The staff would suggest that it would be appropriate for the City Council to pass a resolution petitioning MNDOT to install a right turn lane and an acceleration lane on TH 5. It is our understanding that MNDOT has been anticipating such a request and will be acceptable to it. This free right turn lane will increase the capacity of the intersection and should alleviate much of the peak hour traffic load which backs up on Mitchell Road now . In addition, it seems imperative , both to MTS and the proposed CPT , to orient their work schedules to spread out the peak hour traffic so as to not cause an overload of the intersection at peak times during the day. CPT's proposed entrance drive off of Mitchell Road offers about 1200 feet of potential stacking distance back to the parking area for cars accessing out on Mitchell Road. This would allow for stacking of approximately 60 vehicles without counting the parking lot area itself. CPT illustrates in their brochure that they have an occupant load at the current proposed building of 335 employees. This would give them a daily trip generation of approximately 750 daily trips, or 2.24 trips/day/emnlnvee including service traffic. The staff feels these trip generations are reasonabl, and if this information can be extrapolated based upon site coverage , we see that the future building expansion will add an additional 750 trips per day and that the total site area , of approximately 25 acres of buildable land , offers a floor area ratio potential of .5 , which would be a total potential of 532,250 square feet of industrial space that would be possible under our ordinance if parking could be accommodated. CPT is proposing 227,000 square feet, or roughly half of this, therefore, it seems apparent they do have the potential to generate over 1500 vehicle trips per day from this site. If we look at the same site based upon a 10 unit/acre density , we can estimate 300 units on this site with an average vehicle trip of 8 trips/ unit, bringing the potential traffic generation from a residential project to 2400 trips/day. The main difference between the two is the peak hour traffic for the industrial which is approximately 750 trips within a 1 hour period, while peak hour traffic for the residential would be about 400 trips for a 1 hour period. I i/I Staff Report-CPT -4- June 30, 1978 The proposal shows access on Scenic Heights Road. This road will certainly have capacity for this type of traffic, however, it does not seem reasonable that a residential area should be subjected to peak hour traffic of an industrial use when it was not previously anticipated for this area. SITE PLAN The overall plan as proposed benches the parking down lower than Scenic Heights Road and offers space for berms to interrupt sight distances between Scenic Heights Road and also the residential uses and the parking lot area. Spaces shown for parking are 316; our staff's calculations according to Parking Ordinance 141 reflects that they should have approxi- mately 380 spaces. The building has a maximum height of 36 feet and will be constructed of brick and reflective glass having a relatively low profile for the majority of the building looking out over the small six acre ponding area. This ponding area is considered public waters , but according to information from the DNR requirements of the Shoreland Management Act need not be considered on areas of less than 10 acres. This pond is an intermittent pond area , less than 3 feet deep and almost drying up during dry years. The general drainage of the site will be oriented toward the pond and should help to keep the level of the pond higher more consistently. The storm water and drainage plan should be reviewed and approved by the Riley Purgatory Watershed District Board of Managers prior to final approval. The overall grading of the site is more or less reflective of the lay of the natural terrain. The site is largely lacking in major tree vegetation and the proposal depicts the building being sited on the open part of the site. The setbacks required for I-5 Park District are: 75 feet front yard setback 30 feet side yard setback 25 feet rear yard setback This particular site has two front yards, one on Mitchell and one on Scenic Heights. The building is several hundred feet back from both frontages. However, the parking lot would be allowed within 1/2 of one of the front yard setbacks , and is shown as such on the Scenic-Heights Road side. Staff Report-CPT -5- June 30, 1978 Maximum height allowed in I-5 District is 4D feet and a maximum floor area ratio ( multiple story ) is .5 , which as stated previously would allow a 30% building coverage on the site with a 50% floor area ratio. The development brochure and model illustrates the method of screening of the parking area through the use of berms and vegetation. However, the building must be set at an elevation which will not allow an oblique view of the top of the roof. In the majority of cases, as illustrated in the building sections, this is true with the exception of section b. The solution to this may be to provide a higher parapet wall in some locations. In any event any mechanical equipment to be on top of the building must be screened from view. LAND USE When taking into consideration the possibility of a freeway corridor extending through the northern half of this site, and the industrial use to the nwth, a clean industrial use well screened from the residential with traffic oriented away from residential roads, may be a very good buffer to existing industrial and also a future potential freeway. Since the building is several hundred feet away from the residential uses, the impact on the existing residences would be limited to visual impacts if access for traffic is from Mitchell Road. The lighting of the parking must be carefully done so as to not adversely impact the residential areas . A suggestion would be to locate lighting on poles less than 20 feet high, or locate the poles on the southern side of the parking lot so that they wash toward the north away from the residences. The applicant proposes to plant the berm along the southern border of the property line in ground cover, such as alfalfa. This of course would be a relatively low maintenance ground cover , but the residential neighbors who would have to look at the berm , should be consulted as to their preference toward a more manicurred look. • • Staff Report-CPT -6- June 30, 1978 RECOMMENDATIONS The Planning Staff would recommend approval of rezoning from Rural to I-5 Park for the area required under ordinance for the first phase of the proposed building subject to the following items: 1. Rezoning from Rural to I-5 Park should be granted only within the area shown , Exhibit A , at this time in order that future expansion of the building will be reviewed by the Commissionsand Council prior to further construction. 2. Adequate area within the site plan must be provided for 380 parking spaces as required by ordinance. 3. Screening of the parking as illustrated in the development brochure must be submitted in a detailed landscape plan prior to building permit issuance. Further, release of the bond as required under Ord. 178 for screening shall not be accomplished until all parking and loading spaces are screened in fact from differing adjacent land uses and public streets on the site. 4. The building shall be placed at an elevation which does not allow visibility of the top of the roof from surrounding residential uses. This may also be accomplished through the extension of parapet walls not to exceed 4 feet of height for total structure. 5. Access to Scenic Heights Road shall be either eliminated or provided as a visitor entrance leading to the parking area, not to exceed 30 parking spaces. 6. A concrete sidewalk, 5 feet in width , shall be provided along the eastern boundary of the site at time of construction according to City Engineering standards. 7. Cash park fee of $1,200/acre shall be paid based upon the rezoned acreage at time of building permit issuance. 8. The Plan shall be reviewed and approved by the Riley Purgatory Watershed District prior to final plat approval to determine proper sedimentation and erosion control measures. 9. Lighting in the parking area shall not exceed 20 feet in height and shall be oriented away from residential areas. 10. Access to the northwestern portion of the property must come through the existing proposed section or through a northern potential easement to Mitchell Road. 11. Industrial truck traffic generated by the project shall not exceed 75 trips/day. CE:jj tbtli . . ._,_ ... _ C . ...... :•••:••.:•.1•:•:..•••/• fa-•• 7, -. "•• l..‘-:•:.:• ::•-'::;;,''''''''''''''' ' ''' ''''' ''''''''''''''''''''''''''''''''''''' T......-1.-- . ............ ? 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C P T Corporation Headquarters , request from CPT Corporation for rezoning from Rural to 1-5 Park on 25 acres located in the Northwest corner of Scenic Heights Road and Mitchell Road for a corporate headquarter facility. (CPT, Computor Powered Typewriters) Dick Olson, Architectural Alliance, representing CPT, presented the project through a model and diagrams. He stated the first phase construction would be approxi- mately 108,00O4'with potential horizontal expansion of 110,000 square feet. He reviewed the sight line distances from homes north of Scenic Heights Road, and the berming and landscaping which will attempt to conceal the parking lot from the homes. Redpath•asked if the project is within the proposed 212 alignment... The Planner replied affirmative. Lynch asked the staff if they have any updated status on 212's alignment or timeframe. The Planner replied they have not received commitments on alignment, but the staff has written the State Highway Department requesting information and have forwarded this request to the highway department. Mr. Ted Johnson,•8351 Mitchell Road, Atherton HOA representative, submitted a petition in opposition to the rezoning request. (petition attached ) Mr. Tom Thie1,82O4 Tamarac Trail, Mitchell Heights Townhouses HOA representative, submitted a petition in opposition to the rezoning request. (petition attached ) Pat Pidcock, 8379 Red Rock Road, objected to the increased traffic the project would produce on Mitchell and Scenic Heights Roads. Mr. Bob Knutson, attorney for CPT, stated the business wouldnot have heavy truck traffic , and trucks coming and leaving would be expected to use Mitchell Road. He added their employees would work from 7:30 to 4:00 . Darcy Peterson, 8357 Mitchell Road, inquired how the rezoning process would work . Mr. Sundstrom replied the Commission would make a recommendation to the City Council regarding the rezoning request. Pat Wakely, 8202 Tamarac Trail, asked how many multiple units could be built on this site. The Planner replied possibly 6-10 units / acre. He added multiple units would generate approximately 8 trips/day/unit in comparison to the industrial traffic generation of 2-3 trips/day/employee. Charles Vick,14252 Chestnut Drive , felt weight limits should be posted on Mitchell Road between TH 5 and Scenic Heights Road. • Don Zupan , 8210 Hiawatha Circle, objected to the placement of industrial or a freeway at this site. Tom McIntosh 8323 • Hiawatha Ave. , objected to the proposed access on Scenic Heights Road. Paul Strand, MIS , stated the starting times and quitting times of MTS and CPT would not be the same. He supported the request by CPT. Motion Inch moved, Redpath seconded, to continue the request to July 10th for a staff report. 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HA.£ ADDRESS • _1c/ /J. sf y 1;;; ini0-etela.YU -- 7/ itL ery 4-'Ccuy. /,Clt1t t_ 1L I • Minutes - Parks, Recreation and Unapproved Natural Resources Commission - 3 - Monday, July 17, 1978 Members Present: Anderson(8ave),Fifield,Garens, B. Reports of Staff Kruell, Tangen 1. Development Proposals a. Gelco City Planner Chris Enger spoke to request for re-zoning by Gelco for approximately 18 acres for construction of Stages III - V of their building,construction program. He spoke to the Minutes - Parks, Recreation and Una oved Natural Resources Commission - Monday, July 17, 1978 review in February by PR & NR Commission of the'Blacklock Line'and explained that none of this property in the proposal lay to the south of this line. Mr. Ray Geiger, The Leonard Parker Associates, made a brief presentation of the request and spcke to the recommendations of the Staff report of July 7. Enger noted City concern with the water quality of the.lake and what type of impact the parking lot areas would have on Anderson Lake. He spoke to the Shoreline Management Act requirement of not more than 30% impervious surface, and informed the Commission that they were awaiting the decision from ONR as to what constitutes that 30%, and of Gelco's agreement to abide by that decision. Geiger spoke to plans for run-off, and to their intention of constructing structured parking in Stage III, if the ruling says the roofs are impervious. Kruell spoke to a letter from the Minnesota Waterfowl Association pointing out that because of proposed development, an Environmental Impact Statement was needed before further development takes place. Enger responded that this EIS has been included in an overall Environmental Worksheet prepared by the City, and which will go out to forty agencies. Garens expressed concern with the height of the seven story building proposed. Geiger responded they felt it would compliment the high point of the hill, and and added if it were built further west, it would stand out. Mr. Emerson Greenberg, Gelco„ explained that the reason for going to seven • stories was that they feel it is the maximum the site can stand, without rising above the tree line at that point. Tangen inquired whether if the re-zoning were approved, we are granting the right to Gelco to construct seven stories if they desire to. Enger responded that Gelco is agreeing to re-zoning agreement that will protect further building, with approval by the Council. He explained it was important to note that when the Planning Commission approved this proposal, they were not approving seven stories portion. Minutes - Parks, Recreation and Unapproved Monday, July 17, 1978 Natural Resources Commission Fifield asked how Gelco plans to handle the run-off on the site. Enger responded that at this point it is a schematic plan only, but that the drainage system must be reviewed by the Nine Mile Watershed District. Mr. George Bently, 10800 Fieldcrest Rd. complimented Gelco's present building and asked the purpose of the proposed expansion. He also spoke to the lack of notification of the residents and although he was aware of the City's policy of notification of notifying residents within 500', he felt they should be notified because they can see the project even if they live outside of that range, as he did. Greenberg responded that their plans were strictly expansion because of their tremendous growth. Enger explained the City procedure on public meetings and hearings, adding that we seem to have a consistent problem in a growing community where the Staff tries to make a determination on far to go for notification, noting they have gone as far as 3,000 ft. t . Minutes - Parks, Recreation and Unapproved 17, 1978 Natural Resources Commission - 5 - July Mr. Dick Sampson, 8048 Ensign Road, expressed concern with traffic problems and run-off, and requested that the lake be checked twice a year, and that the standards be stictly adhered to. Greenberg spoke to a recent study done at Ridgedale Shopping Center, indicating that better parking lot maintenance is what was shown to decrease undesireable run-off of chemicals into the lakes. Enger added that additional information availabledeindicatesml this fact,whichhg000ddoparkin to ghe lotlgh maintenance9e of could dechorus rease. could be from leaf droppings, 9 P 9 Mr. Frank Hartmann, 8216 Ensign Rd., President of the Anderson Property Owners Association requested that the letter submitted July 10, 1978 be recorded in the Minutes pertaining to the 560 signatures obtained to petition the State Environmental Quality Board to have anEnvironmental Statement done for unbuilt lands on the Anderson Lakes and requested that this action be taken into con- sideration when receiving input for the Gelco property. Geneva Middleton, Timber Trail, expressed concern for the lake itself, explaining that she felt the development going on around it is disturbing run-off and causing the lake to go dry, and requested that anEIS be done before any more construction take place. She spoke to previous measurements done and the vegetation indicating that the water level has dropped, in spiteof the recent heavy rains. Marijean P. Carr, 8100 Ensign Rd. complimented attractiveness of Lue present Gelco building. She identified herself as a U.S. Wildlife volunteer, and expressed concern with the lowering of the water line, which she has noted within the past on and one-half years, explaining that only about one-half of the usual geese popu- lation has been observed during that time.. /1)J Minutes - Parks, Recreation and Unapproved July 17, 1978 Natural Resources Commission Greenberg responded that Gelco would like to be in concert with the environment, and they are willing to spend the money to correct any problems, but feels it is an engineering problem as to why the outlet doesn't work. He added that Gelco is he for approval, and we have to live up to these concerns. Dave Anderson, addressing Middleton, inquired whether in any of her conversations with the DNR, they have given any indication of what is causing the lowering the water line. Middleton responded they don't seem to know, adding that their re- quest for an EIS is for the purpose of finding out what is happening to the lake, and not to keep development out. MOTION: Kruell moved that the recommendation as submitted by the Staff be approved: with the exception that the State II building be limited specifically to 3 stories. Dave Anderson seconded. Garens request.AMENDMEHT of limiting Stages III - V to 5 stories. Amendment was accepted by Kruell and refused by Dave Anderson. AMENDED MOTION: Kruell moved that the recomnendation as submitted by the Staff be approved with the exception that the Stage II building be limited specifically to 3 stories and that Stages III through V buildings be limited to 5 stories. Garens seconded. .\• Minutes - Parks, Recreation and Unapproved Monda Jul 17, 1978 Natural Resources Commission - 6 - y+ Y DISCUSSION: Tangen noted that the listing of 7 stories on the report indicate that PR 8 NR Commission has to address itself to that issue in opposition to that high of a structure on Anderson Lakes. Middleton asked whether park land marked for future park acquisition will be included in the re-zoning. Greenberg responded that the park land referred to is proposed to be given to the City by the Preserve. Dave Anderson called the question and the VOTE was: Motion carried 4-1, with Dave Anderson voting "nay", stating he was not opposed to the seven stories in Stages III - V. MOTION: D. Anderson moved to direct Staff to contact appropriate bodies to find out why Anderson Lakes water level is dropping, in spite of recent heavy rains. Fifield seconded, motion carried unanimously. MOTION: Tangen moved that the Environmental Worksheet for this project be forwarded to the Council. Kruell seconded. DISCUSSION: Fifield questioned whether plant species and vegatation was checked. Enger responded that on-site inspection was done along with arial inspection. VOTE: Motion carried 4-1, with Fifield abstaining. Acting Chairman Garens called for a 5 minute recess.] ?b approved Manning Cormiission Minutes -4- July 10, 1978 (Cormiission Present: Sundstrom,Bearman,Retterath,Lynch,Levitt, Martinson) D. Gelco Corporation, request for PUD approval of Stages II-V on 16 acres and the existing zoned 24 acres; rezoning of Stages II-V from I-5 Park to Office. Continued from June 26, 1978. The Manner referred the Commission to the staff report and added additional information is expected soon from the DNR regarding impervious surfaces and water quality test results. He outlined the PUD and zoning request of Gelco and stated Gelco has agreed to rezoning of the sites and would return with future building and/or parking lot designs for review and approval. The Planner informed the commission the 16 acres requested for rezoning are within the approved Preserve E.I.S., in the previous Gelco E.A.W.; and the rezoning request from Bachman-Anderson is being reviewed by the EQB as residents have petitioned for its review. He stated,in discussions with the EQB, no actions by the City are precluded until EQB decision. Bearman inquired if the proponent could build without rezoning to office as the site is zoned I-5 Park. The planner replied affirmative. Levitt inquired who would determine if runoff could be detrimental to the lake. The Planner replied water quality engineers at the Nine Mile Watershed District. Levitt then asked the proponent if they would correct any detrimental effects their runoff may have on the lake in the future. Mr. Emerson Greenberg,Gelco, replied affirmative. Mr. Emerson Greenberg, Gelco Corporation, stated they basically =?ree with the staff report , but have concerns on the following recommendations: 1. (Cash Park Fee, $1200/acre) Mr. Greenberg asked to be able to negotiate the cash park fee to ascertain if they do have to pay the entire amount. 2. (Story height of future stages) Greenberg stated he is unsure at this time if such a recommendation would work as the buildings proposed are sized to work mechanically, but he would be willing to investigate. 3. (Impervious surface to be determined by DNR,City & Watershed) Mr. Greenberg stated they will follow the DNR's recommendations. 4. (No future stages until improved access or company transit ) Mr. Greenberg believed such a recommendation would be unreasonable and they are working towards solutions, but they do not wish to be hindered in future stages due to matters which may be beyond their control. Lynch asked how soon the company may build stage II. Mr. Greenberg replied after investigation of the number of stories(as suggested in recommendation #2 of the staff report), they hope to build in the first part of September, 1978. Mr. Greenberg believed the Gelco PUD if approved would give conceptually approval of the site plan and it is difficult at this time to predict the exact number of stories of all future buildings. approved PlanningComission Minutes -5- July 10, 1978 Lynch inquired if the City could withhold development along West 78th Street until road improvements are made. The Planner replied because of the magnitude of the Gelco proposal, the future Bachman-Anderson development, etc., the staff is recommending improvements should be made prior to additional auto trips. Levitt believed a decision denying future development could be based on poor access if the problem so warrants. Martinson inquired what the long range building plans are for Stages III-V. Mr. Greenberg replied he is unsure at this time. Mr. Hartmann, President Anderson Lakes Voluntary Homeowner's Association, presented a petition in opposition to the proposal. (attached ). Mr. Dick Feerick, EP Chamber of Commerce President, expressed approval of the development stating Gelco has been a good use for Eden Prairie, will continue to be a good use, and that recommendation #4 is beyond the proponent's control. Mr. Hartmann inquired if the storm water system proposed by Gelco could handle heavy rain. Mr. Greenberg replied during heavy rains water would back into parking lot areas until the system could process the water. Mr. Greenberg added that Gelco would be following the DNR regulations strictly. Mr. Hartmann requested the commission take no action on the proposal until the EQB decision on Bachman-Anderson's rezoning on Anderson Lakes is made. Lyman Olson, 8016 Ensign Road, asked if Gelco would be doing anything to lessen traffic during peak hours. Mr. Greenberg replied they are working to solve the road problem with the City and Highway Departments. Sundstrom inquired why Gelco is requesting development up to the limits of the ordinance and why not propose development less than ordinance limits on this sensitive site. Mr. Greenberg believed they are under the limits of the ordinance. Mr. Dick Putnam, Wayzata , stated Gelco has done a very good job of building the first building and will practice just as sensitive treatment of future buildings. He believed multiple use on this site would be detrimental to the lake and still have traffic impact on West 78th Street. Motion: rynch moved, Bearman seconded, to recommend to the City Council approval of Gelco's amended PUD for approximately 18 acres for office development and rezoning from I-5 Park to Office based on the plan dated June 6, 1978 and the following recommenda- tions: 1. Cash park fee of E1200 / acre shall be collected at time of building permit for the second stage for 1.72 acres of land which was:not included in the Gelco Stage I or the original Preserve PUO. 2. Gelco shall commit to no more than 30% impervious surfacing to be determined by representatives of DNR, the City of3Eden Prairie and Nine Mile Watershed District. • approved Planning Commission Minutes -6- July 10, 1978 3. Gelco would agree to review of stages beyond Stage II with City Planning Commission, Parks, Recreation and Natural Resources Commission and City Council making this subject to their approval. 4. The Nine Mile Creek Watershed District must receive and approve proper drainage and grading plans prior to construction. 5. Gelco agrees that Stage IV building will be setback from West 78th Street 30 feet if a 3 story, 40 feet if a 4 s.tory, 50 feet if a 5 story, 60 feet if a 6 story, 70 feet if a 7 story. • 6. Final grading plans and landscaping plans which illustrate comp.ete screening of the parking areas from the lake and from differing adjacent land uses shall be submitted to the city staff prior to building permit issuance for their approval. 7. That as part of the landscape plan, grading and plant material equal in effectiveness to a six foot cyclone fence shall be provided similar to that which was installed in Stage I as a barrier between the developed area and the public wildlife area occurring on the shore of the lake. 8. That the building materials shall be similar for Stages II,III,IV and V as was used in Stage I. 9. If it is determined that runoff from the Gelco site has a detrimental effect on the wildlife of Anderson Lakes it will work with the City and Nine Mile Creek Watershed District to develop treatment methods of the settlement ponds to mitigate these ill effects. 10. Gelco's rezoning to be subject to the general land use concept illustrated in the informatior,submitted for rezoning dated June 6, 1978 . 11. That a condition of the developer's agreement shall be that Gelco agrees to submit future buildings and/or parking lot designs to the City for commission and City Council review and approval. Discussion: Sundstrom stated he would prefer to have separate motions on the PUD request and rezoning request. Vote: Motion carried unanimously. • ;July 10. 1973 Rod Sundrtrom Chairman, Panning & Zoning Commission Eden Prairie, Kn. Chairman and !•embers, The Anderson Property Owners Association would like you to know that because of the recent rezoning action on the Bachman- Anderson Property on the north shore of Anderson Lake, it has bean petitioned to the state Environmental Quality Eo;rd to have an En- vironmental Impact Statement done for the unbrilt lands on the lake. 560 signatures were obtained for the petition and dates for hearings and decisions have Tees set. We would like this actinn to be taken into consideration when receiving input for the Gelco property Further information car be obtained from Frank Hartmann, 944-2021, Geneva Viddleton, 944-2967 or Nary Sullivan at the state offices. Thank you. zinc-rely, Frank Hartmann fires. A:. 0k ,1,,‹) STAFF REPORT TO: Planning Commission FROM: Chris Enger DATE: July 7, 1978 PROJECT: GELCO CORPORATION PUD , STAGES II - V REZONING FROM I-5 TO OFFICE FOR APPROXIMATELY 18 ACRES APPLICANT: Gelco, Incorporated LOCATION: West of existing Gelco Corporation, North of Anderson Lakes, and South of West 78th Street REFER TO: 1968 Guide Plan • 1972 Major Center Area Report 1977 Guide Plan Update 1978, June , Environmental Assessment Worksheet 1976, June , Preserve Environmental Impact Statement BACKGROUND: The 1968 Guide Plan illustrates the northern shore of Anderson Lakes as Industrial with a buffer strip of park along the shoreline of Anderson Lakes. The 1973 Major nenter Area Report depicts this area as suitable for highway commercial &regional office, separated from the lake by a buffer of floodplain and open space. The 1977 Guide Plan Update depicts this area similar to the 1968 Guide Plan showing the area nearest West 78th Street as commercial as office, buffered from the lake by park Earlier this year the Planning Commission, Parks, Recreation and Natural Resources Commission and City Council reviewed a plan proposed by the City staff for the final dedication line around Anderson lakes Park ( dated March 21 ,1978 ). This was adopted by the commissions and council and is reflected as the southern property line of the Gelco Site Plan. The original Gelco site,where the current building stands, was approximately 30 acres in size. Approximately 12 acres of the 30 acres was made up of steep shoreland and marsh area which was dedicated to the City of Eden Prairie as open space. The existing building is approximately 110,000 square feet and was approved for an addition of 115,000 square feet. Gelco was granted a variance from the parking ordinance and subsequently found they did not have enough parking for the growth they have experienced. ;eel • Staff Report-Gelco PUD,Rezoning -2- July 7, 1978 In 1976 Gelco requested rezoning of approximately 9 acres (acquired west of first parcel) to allow for additional parking and future office space. Gelco was granted rezoning to Office with the stipulation that they return to the City for review of future building plans. Also, as part of the 1976 rezoning, Gelco agreed to convey to the City Parcel B which is the area of shoreland included in the 9 acre parcel and of about 2.5 acres in size. The current request is for rezoning of 1.72 acre site that contains the two existing single family homes adjacent to West 78th Street to Office District; and rezoning of additional 16.17 acres from I-5 Park to Office District. Gelco is requesting Planned Unit Development approval of the entire site plan concept. They are also requesting rezoning of these two parcels according to the general site plan submitted , however, they are willing to return for building review and approval . GELCO ENVIRONMENTAL ASSESSMENT WORKSHEET The City has completed the EAW for Gelco Site. The Planning Commission reviewed the EAW at their June 24th meeting. One major question not yet resolved is the impact and definition of 30% coverage which is a maximum restriction allowed under the Shoreland (Management Act. The Shoreland Management Act specifies that for a lake , such as Anderson Lakes which is classified as Natural Environment Waters, structures shall be at least 150 feet from the ordinary high water mark for lots served by public sewer. Gelco's closest building is in excess of 400 feet from the 838.6 elevation, the normal high water mark for Anderson Lakes. The Shoreland Management Act stipulates that all structures shall not exceed 35 feet in height unless such structures are approved as part of a PUD. The total area of all impervious surfaces on a lot shall not exceed 30% of the total lot area according to the Shoreland Management Act. Also, no impervious surface shall be placed within 50 feet of the ordinary high water mark. It is also stipulated that where feasible and practical all roads and parking areas shall meet the setback requirements established for structures,which is 150 feet in this case. Gelco does meet this stipulation. The Shoreland Management Act also states that natural vegetation or other natural materials shall be used to screen parking areas when viewed from the water. Gelco's grading and parking plans illustrate that the parking areas will be screened from the lake. /1 — Staff Report-Gelco PUD,Rezoning -3- July 7. 1978 The Planning Staff has been in contact with Mr. Ron Harnack, DNR , regarding the definition and purpose of the 3o%impexviouscoverage maximum criteria in the Shoreland Management Act. Gelco is interested in this determination because of the roof top design detail which would place soil planting areas on top of each building similar to the existing building to cut down on heat loss and also act as an aesthetic relief for buildings looking down on the roofs. Gelco's architect feels that by placing soils on top of buildings it converts them from being impervious surfacing to being pervious surfaces. Mr. Harnack will be reviewoong a cross section o f this design detail submitted by Gelco to determine if it meets the purpose of the Act. We have communicated with the DNR and Nine Mile Watershed District regarding this and other aspects of drainage of the site. Barr Engineering, engineering staff for Nine Mile Watershed District, feels that it may be possible to simulate the same degree of surface water runoff by placing earth plantings on top of the buildings, but will be reviewing the question in more detail. The ground water percolation that would be interrupted by placing buildings on this site would have a negilible effect on the ground water recharge of the area because of the small amount of area in comparison to the overall watershed that is being covered, according to Barr Engineering. However, Gelco has the option, pending these determinations, to build parking ramps sooner to service earlier stages of building thereby reducing ground coverage and meeting %me strict percent coverage requirement. SITE PLAN Building Placement and Massing Gelco's current proposal illustrates the existing 110,000 square foot building and stage II (3 level, 120,000 square foot addition which they anticipate beginning this Fall). Stages III,IV and V would each be 120,000 square feet and Gelco would like to have the potential of going to seven stories in each of the three final stages. The existing building with the small mechanical enclosure on top is effectively six stories in height. The stepping design of the original building and the height not exceeding six storiee has kept the structure down below the tree line and has been the major contributing factor in integrating the building into the site. Stage II, 3 level building, would be built into the hill and has a long low silhouette profile which would be well under the tree line and also blend into the site. However, the 3 seven story buildings proposed would exceed the tree line by at least one story. Although they would be in theopen area their relationship to the other two buildings and the natural skyline may have an adverse visual impact on the skyline of the northern shore of Anderson Lakes. Gelco is willing to return to the City for review of these stages as they occur . However, a possible suggestion at this time would be to build if • Gelco Staff Report-Gelco PUD, Rezoning -4- July 7, 1978 the stage II building so it would have a potential height of six stories. This six story height would be consistent with the existing building and tree line and would probably allow the reduction of the III, IV and V buildings to five stories. The overall massing of the complex then would be consistent with the existing skyline of the northern shore of Andeson Lakes when viewed in relationship with the existing woods. The massing of the buildings however does place them well away from the shoreline of Anderson Lakes and provides the added benefit of screening the parking area from the north . Although Ordinance 135 , Office District, only requires a 35 foot front yard setback, the ordinance also has a maximum height restriction o f 30 feet . Since this area falls within the Major Center Area PUD and there are essentially no height restrictions to be imposed , if the height of the building in Stage IV is to increase to five or seven stories, the front yard setback from West 78th Street should increase propor- tinately. A five or seven story building 35 feet from the road is too close, the taller the building the greater the setback. The parking 'yea shown for Stages I and II would be graded in such a way so that a hill form would be created between the lake and parking area. This will effectively screen the cars from the lake and the southeast shore . In addition to this earth form sufficient screening and/or fencing similar to that required for the original building should be required all along the shore of the remaining property to provide an adequate buffer between the office and parking uses and the public preserved lakeshore area. The stage I and II 500 car parking area will be screened from West 78th Street and I-494 and also from Anderson Lakes. Additonal landscaping of canopy tree type should be planted along the shoreline to assure the western shore which is higher will not be looking down on the 'sea of parking'. To fur t her reinforce this effect, heavy canopy trees plantings should be done throughout the parking area. The parking areas for stages II, III ,IV and V , occurring on the west half of the site would also be placed down below grade of West 78th and I-494 . However, with the addition of parking ramps parking will become visible looking from the southwest area across the lake. This would have to be screened with heavy landscaping. The parking areas as depicted give a good accessibility to the total building area. However, inclusion of ramp parking on the existing parking area within the woods would have far less impact visually upon the site . Staff Report-Gelco PUD,Rezoning -5- July 7, 1978 TRANSPORTATION West 78th Street is currently at about 2700 ADT. In review of the Bachman/ Anderson proposal , east of this site, it was necessary for the planning and engineering staff to discuss alternate methods of access to Co.Rd. 18 from West 78th Street. We have been informed by representatives from MnDOT, District 5, that a merge ramp from West 78th east-bound to the off ramp of 494 east-bound to Co. Rd. 18 will be included in the Co.Rd. 18/I-494 intersection improvements in 1979. This will bring east bound traffic from the Gelco area to the existing Co.Rd. 18 signal rather than the area of intersection of West 7Bth and Co.Rd. 18 which is without a signal at this time. In addition, the City of Bloomington has passed an ordinance prohibiting through traffic on Ensign Road between the hours of 4:30PM-6:OOPM, weekdays. In addition the city has also been informed by the highway department that the construction of the underpass at Schooner Boulevard and I-494 and the related on and off ramps will be let in 1979 along with the off ramp of 494 west bound to US 169. These improvements have also been programmed into the City's proposed $ 5 million dollar transportation improvement system to be implemented over the next three ye?em . These improvements will greatly enhance the ingress and egress out of this north shore area. However, in GElco 's original rezoning agreement Gelco agreed to investigate alternate means of transportation which would not require : 1. so many average daily trips • 2. so much parking coverage Gelco in 1976 informed the City they have not reached the number of employees necessary to make van pooling workable. However it seems reasonable that Gelco should be limited to phase II construction if steps are not taken to alleviate the transportation problems. GRADING The remainder of the Gelco site which is proposed for development is a large meadow area which has the capability of supporting upland game birds and provides nesting coverage for deer and small mammals and birds. Coverage of the area will result in exclusion of the habitats of many of these species. However, dedication and preservation of several hundred feet of the lakeshore area , deer corridor and habitat areas , should be preserved and the major marsh area on the northwest end of the lake will be saved and habitat areas will be preserved. The grading necessary for construction of the building and parking areas will be significant. The grading plan does illustrate that the overall land form of the hills as viewed from across the lake will be similar in character STaff Reprot-Gelco PUD, Rezoning -6 July 7, 1978 to those now occurring. The soils report indicates that the top soil is relatively thin in this area and will be graded,stock-piled , and redistributed in the planting areas. DRAINAGE Drainage on the site will be contained within an onsite storm sewer system which must be reviewed by the Nine Mile Watershed District . This surface drainage will be altered and taken into a storm sewer system which may outlet into sedimentation ponds and/or skimmer basins. These devices have been successful in settling solids out of the runoff from parking areas. However, soluable elements , such as sodium chloride and potassium , remain in the water and pass into the lake. To determine what effect this may have on the lake we will be comparing water quality samples of the lake from 1971 with samples taken July 6, 1978 from the Gelco existing sedimentation pond , the existing marsh to the east of the site , and lake water directly in front of the site. The Nine Mile Watershed District engineering staff feels the impact upon the lake from soluable elements will oe negilible. RECOMMENDATIONS The Planning Staff would recommend approval of the request for PUD Concept Approval and rezoning of approximately 8 acres from I-5 Park to Office subject to the following items: 1. Cash park fee of $1200 / acre shall be collected at time of building permit for the second stage for 1.72 acres of land which was-not included in the Gelco Stage I or the original Preserve PUD. 2. Gelco shall give acceptable reasons why stage II construction should not be planned in such a way as to allow up to 3 additional stories to placed on Stage II in lieu of additional stories beyond V on Stages III, IV and V. • 3. Gelco shall commit to no more than 30% impervious surfacing to be determined by representatives of DNR, the City of?Eden Prairie and Nine Mile Watershed District. 4. Gelco shall not request further buidHng permits beyond Stage II prior to : a. improved access to I-494 from West 78th Street at the Co.Rd. 18 interchange and at the Schooner Boulevard interchange, or • Staff Report-Gelco PUD, Rezoning -7- July 7, 1978 b. adoption of a plan acceptable to the City of Eden Prairie of van pooling or similar transportation which Gelco would supply for its employees to reduce traffic impact. 5. Gelco would agree to review of stages beyond Stage II with City Planning Commission, Parks, Recreation and Natural Resources Commission and City Council making this subject to their approval. 6. The Nine Mile Creek Watershed District must receive and approve proper drainage and grading plans prior to construction. 7. Gelco agrees that Stage IV building will be setback from West 78th Street 30 feet if a 3 story, 40 feet if a 4 story, 50 feet if a 5 story, 60 feet if a 6 story, 70 feet if a 7 story. 8. Final grading plans and landscaping plans which illustrate complete screening of the parking areas from the lake and from differing adjacent land uses shall be submitted to the city staff prior to building permit issuance for their approval. 9. That as part of the landscape plan, grading and plant material equal in effectiveness to a six foot cyclone fence shall be provided similar to that which was installed in Stage I as a barrier between the developed area and the public wildlife area occurring on the shore of the lake. 10. That the building materials shall be similar for Stages II,III,IV and V as was used in Stage I. 11. If it is determined that runoff from the Gelco site has a detrimental effect on the wildlife of Anderson Lakes it will work with the City and Nine Mile Creek Watershed District to develop treatment methods of the settlement ponds to mitigate these ill effects. 12. Gelco's rezoning to be subject to the general land use concept illustrated in the informatior,submitted for rezoning dated June 6, 1978 . CE:jj re6 1 N • • • RICHARD F.CONDON MAJOR MEDIA,INC. President • OUTDOOR Am•Ea siNG 7751 Flying Cloud Drive June 26, 1978 Alinncnlwli.MN 55343 612.941.1900 City of Eden Prairie • • 8950 Eden Prairie Road Eden Prairie, MN 55343 Re: NOTICE OF PRESENTATION We agree with the request by Gelco Corporation to rezone the 16 acres from I-5 Park to Office. We consider them a credit to the area. S' 1, R. F. Condon as • I7ZB Members Present:Sundstrom, Redpath, Levitt,Lynch• • .approved Planning Commission Minutes _3_ June 26, 1978 C. Gelco Corporation PUD, request for PUD approval of Stages II- V on 16 acres and the existing zoned 24 acres; rezoning of Stages 11ic V hearing.1 Park to Office , and preliminary plat approval The Planner referred the Commission to the draft EAW and the material submitted by the proponent. . Ray Geiger, Parker-Klein Associates, representing Gelco, presented the project ' through the use of a model and exhibits. He stated the future 4 buildings would all connect together and with the existing Gelco office. They have tried to maintain the integrity of the site, propose two additional access points to West 78th Street, future buildings will not be closer to the lake than the present building, and future parking can be accomplished through the use of ramps . He added they are working with the watershed district and will follow their recommendations. Redpath inquired if the proponents would assist in the developing and cost of improvements to alleviate the traffic problems along West 78th Street. Mr. Greenberg, Gelco, ir transportationed they systemswofld Westntinu 78th, Scehoonerrong Boulevardvandnt to improve the I-494. Levitt• asked how many Edenemployees Prairiepresently additional 300cin nearby. Mr. rsuburbs.replied 550 at the office in Lynch asked if Gelco supports making West 78th Street a one-way street infront of the site. air. Greenberg replied it would be convenient for some and inconvenient for others. Levitt , referring to the EAW, asked for explanation of impervious surfaces. The Planneroi replied iousthe surfaces,nt andsthe counting staffpandosed DNR doroof not top enwiths tand el P gain further the determination by the proponent. He stated the staff would try to interpretations: • Motion 1: Redpath moved, Levitt seconded, to continue the Gelco Public Hearing to the July 10th • meeting for a staff report. Motion carried unanimously. Motion 2: Redpath moved, Levitt seconded, to forward the Gelco EAW to the City Council without •a recommendation. Disc Devitt objected to forwarding the EAW without a recommendation and believed the statement of impervious 'surface stould be clt.;fied. Mr. Greenberg stated if their interpretation is in error they would revise the statement in the EAW. Vote: Motion carried 3:1 with Levitt voting nay. Amsden Hills IV CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-34 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof shall be and hereby is removed from the Rural District and shall. be included hereafter in the RM 6.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated ,1978, entered into between THE PRESERVE, a co-partnership consisting of Carter & Gertz, Incorporated, a Minnesota corporation and The Minnesota Gas Company, a Delaware 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 of Eden Prairie relating to the RM 6.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk Published in the Eden Prairie News on the day of ,1978. /4UO Amsden Hills IV CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-34 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof shall be and hereby is removed from the Rural District and shall. be included hereafter in the RM 6.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated ,1978, entered into between THE PRESERVE, a co-partnership consisting of Carter & Gertz, Incorporated, a Minnesota corporation and The Minnesota Gas Company, a Delaware 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 of Eden Prairie relating to the RM 6.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk Published in the Eden Prairie News on the day of ,1978. EXHIBIT A AMSDEN HILLS IV ADDITION That part of Government Lot 2, Section 24, Township 116, Range 22, Hennepin County, described as follows: Beginning at a point on the easterly Franlo Road right-of-way, 610 feet north of the south line of Government Lot 2, Section 24; thence northerly along the easterly right-of-way of Franlo Road to the southerly right-of-way of Anderson Lakes Parkway; thence southeasterly along the Anderson Lakes right-of-way 469.91 feet; thence S 21° 01' 58" E, 73.92 feet ; thence S 24° 58' 59" W, 150 feet; theno?S 15° 46' 44" W, 128.17 feet; thence S 58° I3' 30" W, 125.00 feet; thence S 89° 05' 46" W, 274.94 feet to the point of beginning. Subject to final plat boundary. • 7-18-78 Amsden Hills IV DEVELOPER'S AGREEMENT THIS AGREEMENT made and entered into in triplicate this _ day of 1978 by and between THE PRESERVE,'a co-partnership consisting of Carter & Gertz, Incorporated, a Minnesota corporation and The Minnesota Gas Company, a Delaware corporation, hereinafter referred to as "Owner", and the CITY of EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner has applied to City for changing of the zoning from Rural to RN- 6.5 for approximately 5 acres for 10 duplex lots, for develop- ment of land more fully described as: That part of Government Lot 2, Section 24, T.116, R.22, Hennepin County, described as follows: Beginning at a point on the easterly Franlo Road right-of-way, 610 feet north of the south line of Government Lot 2, Section 24; thence northerly along the easterly right-of-way of Franlo Road to the southerly right-of-way of Anderson Lakes Parkway; thence southeasterly along the Anderson Lakes right-of-way 469.91 feet; thenre S?10 01' Sf?"F, 73.92 feet• thenrr S24° SR' ca"W, 160 feet; thence S15° 46' 44"W, 128.17 feet; thence S58° 13' 30"W, 125.00 feet; thence S89° Y 05' 46"W, 274.94 feet to the point of beginning. Subject to final plat boundary. NOW THEREFORE, for and in consideration of the Mayor and City Council 1� of Eden Prairie adopting Ordinance #78-34 changing the zoning from Rural to RM 6.5 , Owner covenants and agrees to construct, develop, and maintain the property as follows: 1. Owner shall conform with all planning, architectural, _ engineering, landscaping, fee , and building requirements of all City ordinances. 2. Owner shall develop the property in conformance with the material reviewed and approved by the City Council at its July 5, 1978 meeting, attached hereto as Exhibit A, and dated June 8, 1978. 3. Owner shall submit to the City staff for review and approval prior to building permit issuance a detailed landscaping plan to illustrate buffering of the deer corridor occurring in outlots B and D as shown in Exhibit 8 attached hereto and made a part hereof. H 3 Agreement-Amsden Hills IV page 2 4 ,Owner shall final plat lots within the Amsden Hills IV Addition t all units will meet a minimum of 50 feet �I�"�r; setback from Franlo Road and Anderson Lakes Parkway Right-of-Way. 1`J5. Owner shall final plat the Amsden Hills IV Addition so that units on lots 9 and 10 be allowed frontage and access to Franlo Road with 'T' driveways. 6. Owner shall obtain a land alteration and grading permit from the Watershed District. Along with the grading and land alteration permit application, Owner shall submit a detailed erosion control plan for review and approval by Watershed District. 7. Owner shall dedicate outlots B and D illustrated on Exhibit B to the City as part of The Preserve's PUD open space requirement. Said dedication to be processed through a warranty deed and provide a title opinion on outlots B and D or provide a contract for deed to outlots B and D prior to final plat approval. 8. Immediately after filing the plat, Owner shall deliver to the City a warranty deed conveying to City good and marketable ,title free and clear of all mortgage liens 51;76 of y isze sioacts and-encumbrances., the land described as r-*lots B and'D on Exhibit D,and Owner shall file the warranty if=•,' deed in the office of County Recorder or Registrar of Titles(in the case of registered property) and shall deliver to City a copy thereof with the filing date thereon. 9. City grants the Owner variance from Ordinance 135 requirement regarding the exclusion of wood materials for duplex units. 10. City grants Owner variance from Ordinance 135 requirement to allow a zero lot line concept for individual platting of duplex units with a common lot line on.the party wall. 11. Owner shall remove all diseased trees on the property within 45 days of the date of this agreement as per the recommendations of the City Forester. 12. All sanitary sewer, watermain and storm sewer facilities concrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards by a Registered Professional engineer and submitted to the City Engineer for approval. The Owner , through his angineer, shall provide for competent daily inspection of all street utility constructin;; both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifi- cations shall also be delivered to the city engineer. The Owner also agrees to pay for all City fees required. The Owner , prior to final plat approval, shall provide a bond or letter of credit in such form as.shall be approved by the Agreement-Amsden Hills IV page 3 City and which a guarantees completion of construction and pay- ment of costs thereof i n an amount no less than the estimated costs of construction plus 20% of all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility system subject to recommendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such systems against any defect or 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. , 14. Owner shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with infor- mation as to Document Number and date and time of filing duly certified thereon within 6D days from the date of this Agreement. 15. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with paragraph 14 herein, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural: 16. Provisions of this Agreement shall be binding upon and enforceable against Owner,its successors, and assigns of the property herein described. 17. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens or other encumbrances, except . . . : spec sit Asscssa:CA/TS 11_7. 1 n --_pa proval. Agreement-Amsden Hills IV .page 4 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF. EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: it gang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 1978 by Wolfgang Penzel, the Mayor and by Roger Ulstad, c ty manager, o the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. . Notary Public THE PRESERVE, a co-partnership consisting of Carter & Gertz, Inc.,a Minnesota corpora tion and The;Minnesota Gas Company, a Del aware'Corporati op.> '-/ A -I"`BY • ;�`/� o,: i ✓ ��L11 Its • /c,/I.� /N JC1?"1 /' t Aid`%fr•^ii ^, / ' /�tS VCO e ti.C-., The foring instrument was acknowledged b fore me this, ay of t i , 119778 b ,/y,./Y cy the and by 152---. /. , CA,W)-� the P.- on behalf of said ner. n `r',; NOTOMYPU�BICANO[SOTA dry U c TE l`!!�k. HENNEPIN COUNTY s MY Comm ssw^E,O�.A,No..a AO .. • r - / ` EXHIBIT A I t t June 8,,1978 - t : '.• .•/ II- •..• • \ 1 I ii, I \ • • i ‘ 1 IN \ • 6 •. 1 • • i , , . •%.7„.•! `•.• 1 b•. \ 1 a • • _ ;L�\•� o /\ /` \ / ' ` ` r , . •-..T \‘..._ ) '" • ,--'. . , ' ',p4 \`; % *AZ) 0 "t. .` RAf aO.It 4.', • dif3;410 F':•-....,. ..N s'--(4-...„.„.... --, _1 -.1) •,. . • . " I/ -:\ , , . .,. .."- t--.. , . 0,4\ , .. , , ., . . _. . 1. -- :,.. ._ _-, .. 1 ,,................... ___:......_...„..--„, -;----....------- .. ...,.... 1.,. . : 0., , , , . 1: : f ': 3• 1 mr .11 .". 7:%114.j.P-77--r''' .,.8...-,.....t ..1_5....:.. ...1....-... •,<",....0.......,...:1\/\\.•/.,.'‘)..1.,:‘1.....;s4\::...!\::::\:1141.\\1\:(‘Iii.,":.:./.:../..... . „,'''''',' v �� _ - tl. I`� - - ..- _ =--- 'ea: % . ' t '� - w• --_ - `.'• ` \ .. . .. '� SCALE • 1„1:7 - 1, -•...�_-------- '.. -- : *. / �;, �., i -----......' . --- —4 -.131k \, I t • 'k I • It . , --- :III.iiii.',,:,-. --- -- :\'`i ,.a' Y N89'Oj 4&E—.�```, --- `%.,s`.�'• ' `i \‘ ! 1. • 11• .. .. .. . \ \ \� o • 0 �':?•1 � �c0 ♦ i or �----� \Ih • ••t� ,so T • Eti. ------ ....e-1--------_, •..:) � • -. . st .• — I, \ 1 AL 11‘.en 'IV. . . ..-__ ra -or' ;1 ies 17 a et. s N N\.:.•\?\ A\1) P. 1 54 Die qo -� p t• ti /b. tt e / iil . • I ADDS n1l�L '� eh 825.00 \ Fop 832Ldo - '� •"EXHIBIT .� - ,.. �1 *~` Norman Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-35 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property; that portion of the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 116 North, Range 22 West, lying Southeasterly of Duck Lake Trail,Hennepin County, Minnesota, shall be and hereby is removed from the Rural District and shall. be included hereafter in the R1-13.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated ,1978, entered into between DIRLAM PROPERTIES, a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk Published in the Eden Prairie News on the day of ,1978. 7-26-1978 Norman Addition DEVELOPER'S AGREEMENT THIS AGREEMENT made and entered into this day of 1978 by and between DIRLAM PROPERTIES, a minnesota corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS., Owner has requested City for changing of the zoning from Rural to R1-13.5 on 6.55 acres for 13 single family lots, for development of land more fully described in Exhibit A. attached hereto, and from hereinafter to be referred to as "the property". NOW THEREFORE, for and in consideration of Mayor and City Council of Eden Prairie adopting Ordinance 78-35 changing the zoning from Rural to R1-13.5, Owner covenants and agrees to construct, develop, and maintain the property as follows; 1. Owner shall conform with all planning architectural, engineering, landscaping, fee, and building requirements of all City ordinances. 2. Owner shall develop the property in conformance with the material reviewed and approved by the City Council at its June 7, 1978 meeting, attached hereto as Exhibit 8 and dated May , 1978. 3. Owner shall submit to the City staff for review and approval prior to final plat approval, a preliminary plat depicting the Lot lines extended into Outiot A with a drainage and utility easement granted to the City. Such plan shall also illustrate the extention of the outlet of the pipe along Duck Lake Trail to the existing sedimentation pond edge. 4. Owner shall submit soil tests to the City Engineering Department prior to final plat approval to insure adequate bearing strengths or to indicate what corrective measures must be taken. Minimum floor elevations shall not be less than 904 elevation. • 1-)10 Norman Addition - Agreement - 2 - 5. All lots shall be subject to cash park fee of $275/lot as per ordinance 332, payable at time of issuance of building permit. 6. Front yard setbacks for lots 8 and 13 will be consistent with the existing adjacent lots to the east. Further, the sideyard setbacks be no less than 15 feet on the eastern side of lots 8 and 13. 7. Owner shall install an additional catch basin in the cul-de-sac, to be located at the intersection of anextended side property and the edge of the roadway. - 8. Owner shall install an approved storm sewer system from the cul=de-sac to the existing pond west of the project. 9. Owner shall grade an overflow swale along the proposed pipe, from the cul-de-sac to the pond. 10. Owner shall dedicate a 20 foot wide drainage and utility ease- along the pipe alignment. 11. All sanitary sewer, watermain and storm sewer facilities, concrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards by a Registered Professional engineer and submitted to the • City Engineer for approval. The Owner, through his engineer shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with speci- fications shall also be delivered to the city engineer. The Owner also agrees to pay for all City fees required. The - Owner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and pay- ment of the costs thereof in an amount no less than the esti- - mated costs of construction plus 20% of 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 recommendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such systems against any defect or 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. • ' 11 Norman Addition - Agreement - 3 - • 12. Owner shall file this Agreement with the Register of Deeds and supply the City with a ccpy of this Agreemnt with in- formation as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. 13. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with paragraph 18 herein, Owner for it- self, its successors, and assigns shall not oppose rezoning of said property to Rural. 14. Provisions of this Agreement shall be binding upon and en- forceable against Owner, its successors, and assigns of the • property herein described. 15. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens or other encum- brances. • • e /9ta IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal • corporation of the State of Minnesota BY: • Wolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1978 , by Wolfgang Penzel, the Mayor and Roger K. Ulstad,he City Manager on behalf of said corporation. Notary Public DIRLAM PROPERTIES, a minnessota corpora- tion of t tate of nn of • BY: i'j- �/,z-N Its !//c+° ' Si"�' BY: Its . STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN The foregoing instrument wash acknowledgedf before me this. da of yal 197E by the 1//,t,G Ai...14., , and by the on behalf of said corporation. . �a-; Wo>.w N ry Public• i44.4"4"rAa°' s 110 Norman Addition - Agreement • • LEGAL DESCRIPTION That portion of the southwest 1/4 of the southeast 1 / 4 of Section 6, Township 116 north Range 22 west, lying southeasterly of Duck Lake Trail, lying in Hennepin County Minnesota. • • • • Exhibit A . • •• DEVELOPMENT • • PLAN ,,�� . .• • OEZMAN • •. dN.1t'.rs'Y•�1 IR.��� ' •• ' ,.,--..-e..--" ,. ,.,.,,• .,„...,,,, .,„......... . c� ./••� /�. . ..,.„ �` .:•`.•,�.,•�, • �G °' i; z.ti) `'�`' 7 rJ 7 %•^• •If' • r•r 1/ .11: - '.4'. 1. ---`,;-- ....• , . .:. \ N #. .../. ..._•...h. , _ „....,..:.• _.....„,,,„:. ./.../et:•.. . .., 4, ‘ .. 1 .. •‘xcs ....9 . ...........4...;. 373 v7;1.P•.•.0. •• ..-:•••• 4 . , ;....• .,-1----I• ,i .. \ • ..! ';'4 I el :'\ Gi".' .• lotAt*°f . ...'. e•f”..il. i); ,.•..- 1 :\. - :.'1 ...;‘' . , . ,••.)(Ili 1 / 4U ...-4/4 I 3\ Al: , . • • 1 C.4l • f J 41 VI I. ‘. ..4 * • • Via•. • /r•.Er•,.14 • • • • • •-yam . Ir•Ir7.w, .I•.••.••..•ti• • .... Ss••7J.1 ✓.n. $..•.n. . • 0 C -' I••••• • BY DIRtAM PROPERTIES DATE dre. M as r 1070 • •...—... # _ 9..•' h•••••• • '.. • O••r •••-Jq Jw•••• &CAt.0 •$0• -��` • .•_ . .« .—.-;ar - L -r•--""�'•"' • Darkenwald CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-30 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance 135 is amended as follows: (a) The property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereafter in the RM 13.5 District. (b) The property, as set forth in Exhibit B attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereafter in the RM 6.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated ,1978, entered into between DARKENWALD REAL ESTATE INCORPORATED, a Minnesota corporation, and DOUGLAS GROHE, 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 of Eden Prairie relating to the District in which it shall be included hereafter. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1978, and • Darkenwald Page Two finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1978. Wolfgang H. Penzel, Mayor SEAL ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of 1978. Hi EXHIBIT A The north 683.00 feet of the east 335.00 feet of the Northwest Quarter of the Northeast Quarter of Section 23, Township 116, Range 22, Hennepin County, Minnesota. except the following: That part of the east 335.00 feet of the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Northwest 1/4 of the Northeast 1/4; thence on an assumed bearing of South 01 degree 29 minutes 57 seconds West a distance of 145.31 feet; thence North 88 degrees 30 minutes 03 seconds West a distance of 167.50 feet; thence North 01 degree 29 minutes 57 seconds West a distance of 7.00 feet; thence North 88 degrees 30 minutes 03 seconds West a distance of 167.50 feet to the west line of the east 335.00 feet of said Northwest 1/4 of the Northeast 1/4; thence North 01 degree 29 minutes 57 seconds West a distance of 129.00 feet more or less to the north line of said Northwest 1/4 of the Northeast 1/4; thence east along said north line to the beginning. and That part of the North 683 feet of the NW 1/4 of the NE 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota lying East of a line drawn parallel with and 1005.08 feet West of the East line thereof. Except the East 335 feet thereof. except the following: That part of the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of the east 335.00 feet of said Northwest 1/4 of the Northeast 1/4; thence on an assumed bearing of South 01 degree 29 minutes 57 seconds West along the west line of said east 335.00 feet a distance of 208.27 feet; thence South 89 degrees 07 minutes 01 seconds West a distance of 480.00 feet; • EXHIBIT A thence North 0 degrees 52 minutes 59 seconds West a dis- tance of 86.53 feet; thence South 89 degrees 07 minutes 01 seconds West a distance of 187.05 feet to the intersection with a line drawn parallel with and 1005.08 feet west of the east line of said Northwest 1/4 of the Northeast 1/4; thence North 01 degree 29 minutes 57 seconds East along said parallel line to the north line of said Northwest 1/4 of the Northeast 1/4; thence east along said north line to the beginning. ta19 EXHIBIT B That part of the east 335.00 feet of the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Northwest 1/4 of the Northeast 1/4; thence on an assumed bearing of South 01 degree 29 minutes 57 seconds West a distance of 145.31 feet; thence North 88 degrees 30 minutes 03 seconds West a distance of 167.50 feet; thence North 01 degree 29 minutes 57 seconds West a distance of 7.00 feet; thence North 88 degrees 30 minutes 03 seconds West a distance of 167.50 feet to the west line of the east 335.00 feet of said Northwest 1/4 of the Northeast 1/4; thence North 01 degree 29 minutes 57 seconds West a distance of 129.00 feet more or less to the north line of said Northwest 1/4 of the Northeast 1/4; thence east along said north line to the beginning. That part of the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of the east 335.00 feet of said Northwest 1/4 of the Northeast 1/4; thence on an assumed bearing of South 01 degree 29 minutes 57 seconds West along the west line of said east 335.00 feet a distance of 208.27 feet; thence South 89 degrees 07 minutes 01 seconds West a distance of 480.00 feet; thence North 0 degrees 52 minutes 59 seconds West a dis- tance of 86.53 feet; thence South 89 degrees 07 minutes 01 seconds West a distance of 187.05 feet to the intersection with a line drawn parallel with and 1005.080 feet west of the east line of said Northwest 1/4 Northeast 1/4; thence North 01 degree 29 minutes 57 seconds East along said parallel line to the north line of said Northwest 1/4 of the Northeast 1/4; thence east along said north line to the beginning. Darkenwald RE/ Grobe DEVELOPERS AGREEMENT THIS AGREEMENT made and entered into in triplicate this _ day of , 1978 be and between Darkenwald Real Estate, Incorporated, a co-owner and Mr.7ouglas Grobe,a co-owner, hereinafter referred to as ''Owners", and the City of Eden Prairie, a municipal corporation, hereinafter refereed to as "City". WITNESSETH: WHEREAS, Onwers have applied to City for changing of the zoning from Rural to R1-13.5 and RM 6.5 for development of 7 duplex lots and 22 single family lots, for land more fully described in Exhibit A, attached hereto and from hereinafter referred to as "the property". NOW THEREFORE, for and in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-30 changing the zoning from Rural to R1-13.5 and RM 6.5, Owners covenants and agrees to construct, develop, and maintain the property as follows: 1. Owners shall conform to all planning, architectural, engineering, landscaping, fee and build'ng requirements of all City ordinances. 2. Owners shall develop the property in conformance with the material reviewed and approved by the City Council at its July 5, 1978 meeting attached hereto and labeled Exhibit B. 3. Owners shall final plat the addition • so all lots meet or exceed lot size requirements as per Ordinance 135. 4. Owners shall submit plans depicting the project storm sewer system and grading of existing ditch to the City Engineering Department for review and approval prior to final plat approval. Further, Owners shall submit said storm sewer system plan to the Riley/Purgatory Creek Watershed District for review and approval. 1'3.11 Agreement-Darkenwald Duplexes b SF page 2 5. Prior to final plat approval by City : A. Ownersshall submit plans depicting the project storm sewer system and grading of existing ditch to the City • Engineering Department for review and approval. And Owners shall submit said storm sewer system plan to the Riley/Purgatory Creek Watershed District for review and approval. B. Owners shall submit a detailed grading plan to the City Engineering Department and Riley Purgatory Creek Watershed District showing both existing and proposed contours For review and approval. And shall apply to the Watershed District for a land alteration and grading permit. 6. Owners shall final plat addition so that runoff from roadways and adjacent areas will be contained in storm pipes as recommended by City Engineering Department. 7. Owners shall submit minimum floor elevation of the structures to be built on lots to the City Engineering Department for review and approval. Approval of the final prat shall be subject to the approval of the minimum floor elevations. 8. Owners shall take additional soil boring tests after the rough grading of the project and before any building permits are issued to insure adequate bearing capacities and drainage. Organic soils shall be excavated and backfilled with a coarse, granular material to obtain buildable lots not requiring excessive footings or pilings. 9. Owner shall construct a concrete sidewalk, according to City Engineering specifications, in the right-of-way of Preserve Boulevard which is adjacent to the eastern boundary of the property. 10. All lots shall be subject to payment of cash park fees prior to issuance of building permits as follows: $275/ single family unit $200/ unit for the duplexes 11. Ownersshall remove all diseased elm trees during initial grading of streets and utilities as per the City Forester's recommendation. Agreement-Darkenwald /Grobe page 3 12. Owners shall accept an additional assessment of $25/abutting foot along Preserve Boulevard less a credit for previous assessment levied for the upgrading of Preserve Boulevard . 13. All sanitary sewer, watermain and storm sewer facilities, concrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards by a registered professional engineer and sbumitted to the City Engineer for approval. The Owner, through his engineer, shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifi - cations shall also be delivered to the city engineer. The Owner also agrees to pay for all City fees required. The Owner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and pay- ment of the costs thereof in an amount no less than the esti- mated costs of construction plus 20% of 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 recommendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such systems against any defect or 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. 14. Owners shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with in- formation as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. 15. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with paragraph 14 herein, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. 16. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. • 17. Owners represent and warrants it owns fee title to the property free and clear of mortgages, liens or other encumbrances. • • 1'P•3 Ag eemert-Darkenwald/Grobe page 4 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF.EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: Wolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) )SS: COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 1978 by Wolfgang H. Penzel, the Mayor and by Roger K. Ulstad, City Manager, of the City of Eden Prarie, a Minnesota municipal corporation on behalf of said corporation. • Notary Public • DARKENWALD REAL ESTATE INC., a minnesota corpor on, co-owner BY: .jy1. X.14 Its r4.09- DOUGLAS GRIME, co-owner • -,'- STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this qa day of 1978 by y ��n. ,�a-c<y(a, ��C . the G 0 - PtN-�� �� and byj/I�/ ,/�77 U.rl,,/�, the re - on hehalf of said Owners. .. Notary Public �j� 19a4.1 �tr�•e/� Ceyi2 • EXHIBIT A , page 1 Grobe Property to be zoned to R1-13.5 The north 683.00 feet of the east 335.00 feet of the Northwest Quarter of the Northeast Quarter of Section 23, Township 116, Range 22, Hennepin County, Minnesota. Subject to easement for road for Franlo Road. except the following: That part of the east 335.00 feet of the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Northwest 1/4 of the Northeast..114; thence on an assumed bearing of South 01 degree 29 minutes mi...ites 57 seconds West a distance of 145.31 feet; thence North 88 degrees 30 minutes 03 seconds West a distance of 167.50 feet; thence North 01 degree 29 minutes 57 seconds West a distance of 7.00 feet; thence North 88 degrees 30 minutes 03 seconds West a distance of 167.50 feet to the west line of the east 335.00 feet of said Northwest 1/4 of the Northeast 1/4; thence North 01 degree 29 minutes 57 seconds West a distance of 129.00 feet more or less to the north line of said Northwest 1/4 of the Northeast 1/4; thence east along said north line to the beginning. to be zoned to RM 6.5 19As • Exhibit A, page 2 DARKENWALO PROPERTY to be zoned R1-13.5 • That part of the North b83 feet of the NW1/4 of th.• NE1/4 of Section 23, lownship 116, Rd* 22, Hennepin County, Minnesota lying East .,l a line drawn pnrnllel with and 1O05.08 fret West of the East line theroof. Except the East 335 feet thereof. Subject to eas.•m.•nt for a public road over the North 33 feet thereof. • except the following: That part of the Northwest 1/4 of the Northeast 1/4 of Section 23, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of the east 335.00 feet of said Northwest 1/4 of the Northeast 1/4; thence on an assumed bearing of South 01 degree 29 minutes 57 seconds West along the west line of said east 335.00 feet a distance of 208.27 feet; thence South 89 degre:.3 07 minutes 01 seconds West a distance of 480.00 feet; thence North 0 degrees 52 minutes 59 seconds West a • distance of 86.53 feet; thence South 89 degrees 07 minutes 01 seconds West a distance of 187.05 feet to the ine with and 1005.08e feet t withion l drawn west oftheeastli a of parallel said Northwest 1/4 of the Northeast 1/4; thence North 01 degree 29 minutes 57 seconds East along said parallel line-to the north line of said Northwest 1/4 of the Northeast 1/4; thence east along said north line to the beginning. to be zoned to RM 6.5 • • f92( 1 . 1 I !. • i I. 2,• 01•,1 :':• : J.::•''''S ....I' t .!•.:: 1.;•.1 •-•"„:',3 ', ,., 11 ....•-•..3';3• .:i ,_a:, • S'2 ........,... 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Appendix A of Ordinance No. 135 is amended as follows: The following described property, Outlot H, Edenvale 3rd Addition, Hennepin County, Minnesota, shall be and hereby is removed from the Rural District and shall. be included hereafter in the R1-13.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated ,1978, entered into between EDENVALE INCORPORATED, a Minnesota corporation and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk Published in the Eden Prairie News on the ' day of ,1978. 112(/ Tamarac Woods DEVELOPMENT'S AGREEMENT July 26, 1978 THIS AGREEMENT made and entered into in triplicate this day of , 1978 by and between EDENVALE, INCORPORATED, 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 applied to City for changing of the zoning from Rural to R1-13.5 for approximately 8.5 acres for 13 single family lots, for development of land more fully described as: Outlot H, Edenvale 3rd Addition • NOW THEREFORE, for and in consideration of the Mayor and Council of Eden Prairie adopting Ordinance 78-27 changing the zoning from Rural to R1-13.5, Owner covenants and agrees to construct, develop, and maintain the property as follows: 1. Owner chall conform with all planning, architectural, engineering, landscaping, fee, and building requirements of all City ordinances. 2. Owner shall develop the property in conformance with the material reviewed and approved by the City Council at its June 7, 1978 Meeting, attached hereto as Exhibit A, and dated February, 1978. 3. Owner shall construct an asphalt trail:in the right-of-way of Edenvale Boulevard from the pedestrian underpass north to Birch Island Road as shown in ExhibitB . This trail will be completed on or before November 15, 1979 and shall be constructed to City engineer's standards of: 6 feet wide and 2 inches of asphalt on 4 inches of class V aggregate; curb letdowns shall be installed wherever the trail crosses the street to allow for bicycle traffic. r 'r • 2 _ Agreement - Tamarac Woods Owner shall construct the remaining portion of the trail from the the pedestrian underpass south to Valley View Road in conjunction with the development of those outlots. This trail will be of the same standards as stated above and as shown on Exhibit R • • _ • .. 4. Owner shall final plat a 9 foot radius along property lines at all street insersections and cul-de-sac returns to provide sufficient right-of-way for utility installation. • 5. Owner shall submit for approval to the Riley/Purgatory Creek Watershed District the grading and storm sewer plans. 6,__ Owner shall obtainaland alteration permit from the Watershed District. Along with the grading and land alteration permit application, a detailed erosion control plan must be submitted to the District. This plan must outline procedures to be used to prevent sediment from leaving the construction site both during and after construction. Owner shall submit a detailed storm sewer plan to the District for review and approval. Owner shill submit to the District a grading plan showing existing and proposed contours so a determination can be made as to whether an encroachment into the 100 year frequency floodplain of Purgatory Creek will occur. J • • 110 Tamarac Woods - Agreement - 3 - 7, City grants Owner the following sideyard setback variances from District R1-13.5, Ord. 135: 5 feet from garage to side yard line 10 feet from 1-115 story house to side yard line 15 feet from 2 story house or greater to sideyard line 8. Owner shall excavate the organic soils and replace with a coarse, granular fill to obtain buildable lots not requiring excessive footings or pilings. g. Owner shall final plat"Outlot H Edenvale 3rd Addition, Tamaratk Woods showing lots not less than 13,500 square feet.— -- 10. Owner shall remove all diseased elm trees during initial grading of streets and utilities as per the City Forester's recommenda- tions. 11. All sanitary sewer, watermain and storm sewer facilities, concrete curb and gutter and bituminious surfacing, whether to be public or private, shall be designed to city standards by a Registered Professional engineer and submitted to the City Engineer for approval. The Owner, through his engineer, shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with speci- fications shall also be delivered to the city engineer. The Owner also agrees to pay for all City fees required. The Owner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and pay- ment of the costs thereof in an amount no less than the esti- mated costs of construction p1us20% of 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 recommendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such systems "against any defect or 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. 12. Owner file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with in- formation as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. 1931 T Tamarac Woods Agreement - 4 - 13. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of ;. filing in accordance with paragraph 18 herein, Owner for it- self, its successors, and assigns shall not oppose rezoning of said property to Rural. 14. Provisions of this Agreement shall be binding upon and en- forceable against Owner, its successors, and assigns of the property herein described. 15. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens or other encum- brances, except...: is • OWNER SHOULD STATE IF NO LIENS OR OTHER ENCUMBRANCES ARE ON THE PROPERTY, OR LIST THOSE THAT ARE • ft)32` IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. • _. - •• • CITY OF EDEN PRAIRIE, a municipal corporatit of the State of Minnesota • BY: . Wolfgang H. Penzel, Its Mayor BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTA) SS. • COUNTY OF HENNEPIN) The foregoing insturment was achknowledged before me this day of , 1978 , by Wolfgang Penzel, the Mayor and Roger K. Ulstad, the City Manager on behalf of said corporation. • • Notary Public r EDENVALE, INCORPORATED, a minnesota corpora of the State o�fQMinnesota BY: /e—la-- . ITS /,'7,4" BY: • ITS • - - STATE OF MINNESOTA) • )SS. • COUNTY OF HENNEPIN) The foregoing► in�st®rume as acknowledged before me this 28day of 2.4,Gyi- , 'a1978 by(9l'1s.4/ the ar�f/ by the on behalf of said corporation. -.. 7.-- - -• N ar b /�� tip. '':••• :.7'':•%F...:*•:•'*i'.••••'•••'.': i•••;••• ••;•.... ''•i•'i•"••.• ':• ; ,• • '. •• • 4?' .":' •'•• t:'%' /•'. -• :: •*. •:'••••••,-••••• ••••;11•.: :'•:"' -`9•-•t*.:•'.•-'''.'•: ;'•••:. .....,,:•• ... . : ,• -...• t-•••.?...:..: ... -/ .•:.1 .• ..... • •. .,„•I •••.••• . : •...: ••.: ••• : . 1...• •:*••••: •,..•• itt:•• • •' • ••: "...!;*.••,....•.r.'.... :.-:.:.1.:.!•••••:.;*':;.1!, • " • • •• • ..,:•:.,,,-,..:71.•:•:-.c.:_••••:-...1„• ...i ,,,,es,ri"-77. s. ........... . ,; ' -...•.•.• •:,••r' • "..0:c...k.:1-...... . ••• . . •• • ..:.,.• .•••i • ...;::!•••••:,::: ..':%,t••• •••• • :• ....., i.t•111 •:•.-•••••..;••;•• , ••f ..... • %..: . 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Pad METROPOLITAN AIRPORTS COMMISSION P.O.BOX 1700 • TWIN CITY AIRPORT • MINNESOTA 55111 OFFICE OF EXECUTIVE DIRECTOR • PHONE(612)726-5770 July 21, 1978 'JUL Z41978 Mr. Roger Ulstad,City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN. 55344 Dear Mr. Ulstad: The Metropolitan Airports Commission during the regular meeting on July 17, 1978 formally adopted a Policy (copy attached) for Commission participation in Advisory Committees. We believe this policy is consistent with Eden Prairie's Ordinance No. 78-36 establishing the Flying Cloud Airport Advisory Commission. The Commission also approved Commission participation in the Eden Prairie Advisory Commission by a staff person. In view of the foregoing, Mr. Glumack, the Executive Director has appointed myself as the regular member of the Advisory Commission and to assure attendance during my absence, has appointed twc alternate members. This letter is to officially advise you of the appointments to the Flying Cloud Advisory Commission established by the City of Eden Prairie. Regular Member - Claude C. Schmidt, Director Operations and Environmental Affairs Alternate Members - Ed McGaa, Manager Secondary Airports - Flying Cloud Airport Crystal Airport Anoka County Airport Jeff Mamie!, Manager Noise Abatement and Environmental Affairs We are looking forward to participation in this Commission as we believe this Is an excellent vehicle for maintaining good communication between the City of Eden Prairie and its citizens and the Metropolitan 1. Airports Commission. If we can be of any assistance in the formation of the Commission, please advise. ). Sincerely, C Claude C. Schmidt,Director Operations and Environmental Affairs CCS:aas OFFICE LOCATION-60.0 26t1 AVE. SO.-WEST TERMINAL AREA-MINNEAPOLIS-SAINT PAUL INTERNATIONAL AIRPORT POLICY STATEMENT OF THE .. MINNEAPOLIS-SAINT PAUL AREA METROPOLITAN AIRPORTS COMMISSION The Commission has received a request for approval of a Cltizens'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 estabiish a policy for this type activity. Accordingly, the'following general guidelines are adopted by the Commission to determine the adviseabitity 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 mc__ing 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. 4 COMMUNITY EDEN PRAIRIE MINN. 8025 School Road,Eden Prairie 55343 941.6320 COMMUNITY SCHOOL SERVICES •EDUCATIONAL SERVICES • July 14, 1978 Dear Community Leader, • We are in the process of updating the "Eden Prairie Organizational Guide to Services". We realize that you may no conger be the contact person for your organization but could you help us out be getting the enclosed questionaire to the proper person. We would appreciate the return of the information we've requested by Friday August 18, so the updated guide will be available to the community by September 1, 1978. Secondly, we are now involved in developing the Fall 1978 Community School Services brochure in cooperation with the City of Eden Prairie Community Services Department. if you have organizational needs or services you want to provide to the community, we need to hear from you immediately. For example, you may need a place to meet, promotionai help, or want to offer a program or service to the Community. If so, we will do everything • possible to assist you. • Thirdly, as you strive through your specific organizations to provide services. You may discover some human needs that you or any other orga- nization are not able to provide. The Public Schools and the City of Eden Prairie need to be informed about those areas, so that efforts can be made to provide those services, whether it's in the Health Education area, Adult education/leisure activities, Social Services, or whatever. Thank you for your time and interest. Sincerely, Mick Anderson MA/bu Enclosure 1 p 10 CERTIFICATE OF COMPLIANCE MEETING NOTICE �VP July 19, 1978 Dear Community Leaders, Elected Officials, Eden Prairie School District 272 would like to cordially invite you to attend a special meeting to be held at 7:45 on August 10, 1978 in Room 410 of the Eden Prairie High School. This meeting is being 311ed to comply with state Community Education laws relating to Certifi�,te of Compliance requirements, for continued Community Service Levy funding. The meeting, held as a part ofaregularly scheduled Eden Prairie School Board meeting, will focus on discussing methods of mutual cooperation. Your attendance would be greatly appreciated. Agenda • Mick Anderson, Director Eden Prairie 1 Community School Services-Moderator 1. Purpose of Community School Services 2. Statement of Future Directions of Community School Services 3. Major Program/Process Areas • 4. Current/Proposed Funding • 5. Ways to Increase Cooperation Sincerely, 7 Mick Anderson, Director Eden Prairie Community School Services • • MA/bu • Oft y " Y 1 Ur CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-136 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements; • I.C. 51-320 bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to NORTHDALE CONSTRUCTION COMPANY as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Northdale Construction Company in the name of the City of Eden Prairie in the amount of $95,275.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on ATTEST: Wolfgang H. Penzel, Mayor SEAL: John D. Frane, Clerk Ia3°1 CITY OF EDEN PRAIRIE IMPROVEMENT CONTRACT 51-320 EDEN ROAD SANITAgY SEWER EXTENSION SUMMARY OF BIDS NORTHDALE CONSTRUCTION CO. $ 95,275.00 G. L. CONTRACTING, INC. 99,427.80 BROWN 8 CRIS, INC. 101,532.20 C. S. McCROSSAN, INC. 109,468.00 NODLAND ASSOCIATES, INC. 112,504.00 IDEAL ENTERPRISES, INC. 113,555.15 • Aug. 1, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-139 • A RESOLUTION APPROVING FINAL PLAT OF AMSDEN HILLS THIRD ADD. WHEREAS, the plat of Amsden Hills Third Addition has been sub- mitted in a manner required for platting land under the Eden Prairie Ordin- ance 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 Amsden Hills Third Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated July 27, 1978. B. That the City Clerk is hereby directed to file a certified copy.of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as i.muired by MSA 462.358, Subd. 3. • C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL hI John D. Frane, Clerk 041 CITY OF EDEN PRAIRIE HENNEPIN CDUNTY, MINNESOTA 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: July 28, 1978 SUBJECT: AMSDEN HILLS THIRD ADDITION PROPOSAL: The Preserve is requesting City Council approval of the final plat of Amsden Hills Third Addition. This is a 30 lot single family residential (R1-13.5) and 10 lot double bungalow (Rm6.5) plat, lo- cated south of Anderson Lakes Parkway and east of Franlo Road. HISTORY: Originally Amsden Hills Third Addition encompassed the 30 single family lots and Amsden Hills Fourth Addition encompassed the double bungalow lots to be platted in an outlot of Amsden Third. The final plat has combined these two areas and is to be called Amsden Hills Third Addition. The Preliminary Plats for the single family and double bungalow areas were approved by the City Council on April 4, 1978, per Council Resolution No. 78-56, and July 5; 1978, per Council Resolution No. 78-117, respectively. Zoning for the single family area from Rural to R1-13.5 was first read on April 4, 1978 and was finally read and approved by the City Council on May 2, 1978, per Ordinance 78-18. Zoning for the double bungalo area from rural to RM 6.5 was first read on July 5, 1978, and is scheduled for 2nd reading by the City Council on August 1, 1978, per Ordinance 78-34. VARIANCES: In the single family area variances from the lot size and side- yard setback requirements of Ordinance No. 135 should be allowed as follows: 9 lots - Lot size variance from 13,500 sq. ft. minimum a. 5' - nearest garage wall without living space over to side lot line 10' - nearest main house wall, 11 story, to side lot line ;. 15' - nearest main house wall, 2 story, to side lot line These variances were approved in the Rezoning Agreement dated May 2, 1978. _ I . 2 In the double bungalow area variances from Ordinance No. 135, 1 regarding the exclusion of wood materials for duplex units shall be allowed. Variance from Ordinance No. 135, to allow a zero lot line concept for individual platting of duplex units with a common lot line on the party wall, shall be allowed. These variances are to be approved in the Oeveloper's Agreement dated July 18, 1978. • UTILITIES ANO STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, walkways, street signs and street lighting will be installed throughout the develop- ment in accordance with City standards. PARK OEOICATION: Outlots B and D will be dedicated to the City as part of the Preserve PUD open space requirement. Said dedication to be processed through a warranty deed and provide a title opinion on Outlots B and D or provide a contract for deed to Outlots B and D prior to release of hardshells. Outlot A shall be retained and maintained by the Homeowner's Association with a drainage and utility easement. Outlots E, F and G to be owned and maintained by the Homeowner's Association. BONDING: A performance bond or letter of credit, approved by the City Attorney, shall be posted in an amount approved by the City Engineer to cover the cost of sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, walkways, and street signs. A cash deposit of $709.80 will be required upon release of the final plat, to cover the installation and first year maintenance costs of street lighting. RECOMMENOATION: Recommend approval of the final plat of Amsden Hills Third Addition, subject to the requirements of this report and the following: 1. Approval of the Oevelopment Agreement in conjunction with Ord. #78-34. 2. Receipt of fee for City Engineering services in the amount of $1200. 3. Receipt of cash deposit for street lighting in the amount of $709.80. 4. Receipt of revised development and grading plan. 5. Receipt of bonding for streets and utilities. CJJ:kh Mit3