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City Council - 08/15/1978
EDEN PRAIRIE CITY COUNCIL JOHN FRANE TUESDAY, AUGUST 15, 1978 7:30 PM, C11Y MALL 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. PRESENTATION OF AWARD TD THE EDEN PRAIRIE PUBLIC SAFETY DEPARTMENT Page 1944 FOR THE "BEST DRESSED POLICE DEPARTMENT FOR 1978" FROM THE NATIONAL ASSOCIATION OF UNIFORM MANUFACTURERS, INC. II. CONSENT CALENDAR A. Payment of Claims Nos. 1094 - 1264 Page 1945 B. Resolution receiving 100% petition and ordering preparation Page 195D - of feasibility report for street and utility improvements on Franlo Road, west of Preserve Boulevard, I.C. 51-331 (Resolution No. 78-146) C. Resolution receiving petition from Super Valu Stores, Inc., Page 1951 and ordering preparation of feasibility report for sanitary sewer extension, I.C. 51-332 (Resolution No. 78-147) D. Resolution requesting D.O.T. to make intersection improvements Page 1952 at TH 5 and Mitchell Road (Resolution No. 78-148) E. Set Public Hearing date of September 5, 1978 for cul-de-sacing Page 1953 Creek Knoll Road at T.H. 169 F. Receive petition and set hearing date of September 5, 1978 Page 1955 for changing "Darnell Road" street name G. Final Plat Approvals: Norman Addition (Resolution No. 7B-149) Page 1959 Raven Ridge (Resolution No. 78-150) Page 1961 Tamarac Woods (Resolution No. 78-151) Page 1964 Prairie East 4th (Resolution No. 7B-152) Page 1967 Prairie East 6th (Resolution No. 78-153) Page 1970 III. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation to Pages 882, rezone from Rural to RM 6.5 & preliminary plat approval (Resolution 1215, 1346, No. 78-106 and Drdinance No. 78-31) Continued from 7/118/78 1548 & 1973 • :1 Council Agenda - 2 - Tues.,August 15, 1978 III. PUBLIC HEARINGS (continued) 8. Transportation alternatives for northwest corner of Trunk Page 1974 Highway 5 and County Road 4, Luther Ways Heritage Road, West 72nd Street, proposed Valley View Road C. Anderson Lakes Parkway Apartments by The Preserve, request Page 1978 to rezone approximately 9 acres from Rural to RM 2.5 for 126 rental apartments units (Ordinance No. 78-40) IV. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission - Discussion by Duncan Page 2012 is Laidlaw, Chairman of the Human Rights & Services Commission, supporting the philosophy of "Storefront" V. ORDINANCES & RESOLUTIONS A. Resolution No 78-143, appointing election judges Page 2013 8. Resolution No. 78-142, in support of the Bachman/Anderson Dffice Page 2015 :+ Development Proposal North of Anderson Lakes C. 2nd Reading of Ordinance No. 78-38, C.P.T. Corporation Page 2018 Headquarters, rezoning from Rural to I-5 Park, and developers agreement D. 2nd Reading of Ordinance No. 7C 37, Creekside Heights by Page 2020 Hustad Development, rezoning from Rural and I-2 Park to R1-13.5 and I-2 Park, and developers agreement VI. REPORTS DF OFFICERS, BOARDS & COMMISSIONS 'k is A. Reports of Council Members B. Report of City Manager ?• 1. Report from Public Safety Department on Party Ordinance Page 2033 Nb. 77-22 2. 1977 Audit Report Page 2034 3. Discussion on carbide cannons Page 2038 C. Report of City Attorney D. Report of Director of Community Services 1 1 1. Joint Master Plan for Anderson Lakes (continued from 7/1B/7B) Page 2040 1 2. Tennis Court Plans and Specifications/Prairie View & Round Lake Page 2041 Council Agenda - 3 - Tues.,August 15, 1978 E. Report of City Engineer 1. Preliminary plan approval for traffic signals at TH 5 and W. Page 2044 78th Street, S.P. 2701-22, I.C. 51-327 (Resolution No. 78-144) 2. Resolution declaring costs to be assessed and ordering Page 2045 preparation of proposed 1978 special assessment rolls and setting hearing date (Resolution No. 78-145) VII. NEW BUSINESS VIII. ADJOURNMENT. rL .l 13\ NATIONAL ASSOCIATION OF UNIFORM MANUFACTURERS inc. , 11S6 Avenue of the Americas,New York,N.Y.10036(212)869-0670-71 HOWARD A.WOLFE,fnTu6.e Secrel.y • It May 19, 1978 • Mr. Jack Hacking, Director Eden Prairie Public Safety Department 7905 Mitchell Road Eden Prairie, Minnesota 55344 Dear Mr. Hacking: It gives me great pleasure to inform you that the Eden Prairie Public Safety Department has been named the "Best Dressed Police Department of 1978" by the National Associa- tion of Uniform ;Manufacturers. Cong.utulo.ions! As the winner, you will receive an appropriate plaque attest- ing to'your achievement. A $300 cash award will be donated by the NALAi to the police oriented charity of your choice. We are contacting your Mayor requesting that arrangements he #' made for a ceremony at which he would join John Radabough; the supplier of your uniform program, in officially presenting the plaque and check to you. Please let us know which charity you \.'ish the cash award to be donated to, so the check may be made out properly. We will notify you as soon as arrangements have been made for the presentation ceremony. Sin ely, Howard A. o2 i e HAW:bv Executive SCcretary • • /9WW • • August 15, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: )7-27-78 1094 MINNESOTA TWINS, INC. Bus parking-Community services dept. 7.50 1095 MINNESOTA TWINS, INC. 8us parking-Community services dept. 7.50 1096 MINNESOTA TWINS, INC. Tickets for game-Community services dept. 92.00 1097 HENNEPIN COUNTY PARK RESERVE DIST. Camping fees-Community services 7.00 1098 BERG CHRISTIAN ENTERPRISE Ribbon awards-Community services 31.35 1099 SEER WHOLESALERS Beer 4,212.56 )7-28-78 110D OLD PEORIA CO. Liquor 301.17 ' 1101 INTERCONTINENTAL PACKAGING Wine 223.99 1102 JOHNSON WINE Wine 871.82 1103 ED PHILLIPS & SONS Liquor 871.25 1104 t1IDWEST WINE CO. Wine 164.35 1105 GRIGGS COOPER & CO. Liquor 773.46 )8-02-78 11D6 MY PIE PIZZA Food-Teen work program 67.25 1107 RESEARCH, INC. Refund on softball entry fee 30.00 1108 HENNEPIN COUNTY PARK RESERVE DIST. Deposit on campsite-Community services 5.00 1109 MINNESOTA ZOOLOGICAL GARDEN Tickets-Community services 100.00 1110 MINNESOTA ZOOLOGICAL GARDEN 8us parking-Community services 5.00 08-03-78 1111 PETTY CASH Reimburse fund 41.50 1112 CHRIS ENGER July expenses 106.12 ` 08-04-78 1113 HOPKINS POSTMASTER Utility bills 78.60 1114 U. S. POSTOFFICE Stamps for Public Safety dept. 150.00 1115 SOW ON THE ROAD Disco show for teen center 125.00 1116 LORI WILDERMUTH Reimburse petty cash fund for playgrounds 35.80 08-07-78 1117 PUBLIC EMPLOYEES Employees withheld and employer RETIREMENT ASSN. contributions 8-4 payroll 6,138.75 1118 FEDERAL RESERVE BANK Taxes withheld 8-4 payroll 8,730.31 1119 UNITED WAY Donations withheld 8-4 payroll 27.12 112D ED PHILLIPS & SONS Liquor 4,116.24 1121 INTERCONTINENTAL PACKAGING CO. Wine 130.57 1122 JOHNSON WINE CO. Wine & liquor 801.59 1123 EAGLE DISTRIBUTING Wine 435.93 1124 QUALITY WINE CO. Wine 610.93 1125 JACK HACKING Expense money for Los Angeles trip 500.00 :i 1126 DALE SCHMIDT Expenses to pick up army truck 50.00 08-09-78 1127 MINNESOTA RECREATION & PARK ASSN. Playground trip-Community services 696.00 08-11-78 1128 A & H WELDING Equipment parts 13.03 1129 EARL ANDERSEN & ASSOC. Street signs 396.65 1130 AKINS FIRE EQUIP. CO. Supplies-Fire dept. 46.00 I' 1131 AST1_EFORD EQUIPt1ENT Equipment parts 198.80 1132 BACHMANS Plantings for City Hall addition 227.60 1133 8LOOMINGTON LOCKSt1ITH Keys-Public Safety dept. 15.50 August 15, 1978 18-11-78 1134 BRYAN AGGREGATES Rock-Park Maint and Public Works 505.08 1135 BRAUN ENGINEERING Compaction test-Street Imp. Nygren Est. 204.00 1136 BATHER, RINGROSE, WOLSFELD, GARDNER Services-Lotus View St. Imp. and INC. Edengate & Maple Leaf St. Imp. 3,098.33 1137 BROOKLYN INDUSTRIES,INC. Council table 2,115.00 1138 CLUTCH AND TRANSMISSION SERVICE, INC. Repair service to equipment 90.71 1139 CENTER FOR UR8AN POLICY RESEARCH Book-Planning dept. 45.00 1140 DAVID CHURA Refund on gymnastics 10.50 1141 COMMUNICATIONS SPECIAL- ISTS, INC. Equipment repairs 132.25 1142 CHAPIN PUBLISHING Bid ad 108.00 1143 CROWN RUBBER STAMP Desk signs 9.05 1144 CHANHASSEN AUTO PARTS Equipment parts 174.27 1145 CHANHASSEN LAWN & SPORTS Supplies-Tree disease dept. 78.70 1146 DON'S SOD SERVICE Sod-City Hall addition and Forest Hills Park project 165.00 1147 C. 0. FIELD CO. Services-Fire stations 64,975.09 1148 DORHOLT PRINTING Services 630.61 1149 EDEN PRAIRIE SCHOOLS Cities share Community Ed and Community Services 5,500.00 1150 ELK RIVER CONCRETE Concrete-Orainage control 7.13 1151 EATON CORPORATION Refund tournament entry fee 30.00 1152 EDENVALE GOLF COURSE Golf instructions-Community services 702.00 1153 EOEN PRAIRIE SANITATION July service 22.50 1154 EDEN PRAIRIE NEWS Liquor store ad and Crime Prevention inserts 54.80 1155 EDEN PRAIRIE GROCERY Supplies-Park and Rec. dept. 12.04 1156 BENJY AND BECKY FARBER Refund on swimming lessons 14.00 1157 STUART FOX Mileage-Tree Oisease dept. 68.70 1158 MARSHA FICKES Mileage-Community Oevelopment program 30.60 1159 FAIRVIEW COMMUNITY HOSPITAL Blood alcohol test-Public safety 4.00 1160 FEED-RITE CONTROLS Ferric Sulfate-Water dept. 1,819.80 1161 F.Y.S. Framing Custom frames-Public Safety dept. 27.88 1162 DENNIS AND SARA GOODENOUGH Refund on gymnastics 21.00 l. 1163 GLIODEN PAINT Paint-Park Maint. 142.06 1164 DALE GREEN CO. Sod-City Hall, Drainage control and Street Maint. 381.15 1165 GUY'S AUTO SUPPLY Equipment parts 98.06 1166 GENERAL SPORTS Playground balls-Community services 12.96 1167 GEBERT FLOOR COVERING Vinyl tile-City Hall 107.25 1168 NORM GANZ FENCING CO. Fencing-Prairie View School 1,502.00 1169 GOLD MEDAL BEVERAGE Pop-Concessions 177.50 1170 HENNEPIN COUNTY Prisoners board-Public Safety 186.00 1171 JACK HACKING Expenses 21.04 1172 HENNEPIN COUNTY PARK RESERVE DIST. Rental of straw mulcher-City Hall addition 26.60 1173 HOPKINS DODGE SALES Equipment parts 51.55 1174 INTERNATIONAL UNION OF OPERATING ENGINEERS August dues withheld 209.00 1175 ITASCA EQUIPMENT Equipment parts 142.88 i' August 15, 1978 08-11-7B 1176 JAMES JENSEN Mileage-Planning dept. 80.10 1177 ELIZABETH JOHNSON July services 237.30 1178 CARL JULLIE July expenses 100.00 1179 ADAIR JONES Reimbursement for pictures picked up- Public Safety dept. 5.99 1180 JEAN JOHNSON Reimbursement for supplies purchased- Planning dept. 12.87 - 1181 KRISTIE KONDRICK Refund on swimming lessons B.50 1182 EDWARD DRAEMENR & SONS Rock for Bryant Lake Park project 3,339.50 1183 KARULF HARDWARE Supplies 321.64 1184 KRAEMER'S HARDWARE Supplies 175.69 1185 LANG AND PAULY, LTD Legal services 3,364.45 1186 BEVERLY LARSEN Refund on tennis lessons 7.20 1187 LEEF BROTHERS Laundry service 112.85 1188 MINNESOTA RECREATION & PARK ASSOC. Softball tournament fees 180.00 1189 DAVID MONDELL Refund on tennis lessons 10.25 1190 METROPOLITAN WASTE CONT CONTROL COMMISSION 9-1 sewer service charges 13,456.19 1191 MATT'S AUTO SERVICE Towing services 25.00 1192 MIDLAND RECORDS Records for Teen Center-Community services 102.08 1193 MEDCENTER HEALTH PLAN Insurance 958.73 1194 ROBERT MARTZ August expenses 100.00 1195 RAY MITCHELL Expenses-Fire dept. conference 97.20 1196 MINNESOTA TORO, INC. Equipment parts-Park Maint. 8.00 1197 MERIT PRINTING CO. Services-Building dept. 300.52 1198 MODERN TIRE CO. Tires and repairs 1,459.39 1199 MEDICAL OXYGEN Oxygen-Fire dept. 53.27 1200 MINNESOTA FIRE, INC. Supplies-Fire dept. 43.57 1201 MIOWEST ASPHALT CORP. Asphalt-Street Maint. 947.41 1202 MINNEGASCD Services 26.18 1203 BEN MEADOWS CD. Paint-Tree disease dept. 171.69 1204 METRO PRINTING Printing service-Public Information and Public Safety dept. 1,128.00 1205 NEWLAND FEED CO. 200 bales hay-Bryant Lake Park project 130.00 1206 NORTHERN AUTDMOTIVE CO. Equipment repair services 205.27 1207 NORTHWOOD GAS CO., INC. Refill propane bottle-Street Maint. 5.00 1208 NORTHWESTERN NATL. BANK Bond payment 114,001.25 1209 NORTHERN STATES POWER Services 557.37 1210 NORTHWESTERN BELL Services 1,780.13 1211 PERBIX, HARVEY, SIMONS, & THORFINNSON Legal services 2,034.00 1212 PENNY'S SUPERMARKET Supplies-Teen work program 124.64 1213 KELLEY PATRICK Refund on tennis lessons 10.25 1214 SCOTT & SHELLEY PETERSON Refund on swimming lessons 13.60 1215 PHYSICIANS HEALTH PLAN Insurance 3,957.96 1216 PROJECT PLUMBING CO. Repair service-Water dept. 247.00 1217 PEPSI-COLA Pop for machines 332.80 121E RIDGE DOOR SALES Repair door-Public Works bldg. 105.80 1219 H. A. ROGERS Supplies-Engineering dept. 23.40 1220 R. C. PRINTING CO. Liquor servers ID cards 9.00 1221 RIEKE-CARROLL-MULLER Services-Eden View I, Norseman Park 2nd Add, & ASSOC. Util. & St Imp. Crosstown Ind. and Homeward Hills Rd. Imp. 15,65D.65 :y1 August 15, 1978 :::: )8-11-78 1222 CHRISTA SCHMIDT Refund on gymnastics 10.50 1223 GORDON SMITH CO. Diesel fuel for Bryant Lake Park project $132, and Community Development project $973, - fuel and parts for equipment 1,197.27 1224 SATELLITE INDUSTRIES Portable Restrooms-Preserve Park 46.90 1225 SUBURBAN CHEVROLET CO. Equipment parts 66.41 1226 STEWART SANDWICHES Sandwiches-Concessions 58.52 1227 SHAKOPEE SPORTS CENTER Equipment repair-Park Maint. 79.78 1228 SPRAYCO, INC. • Supplies-City garage 9.15 1229 DAN THOMPSON Tennis instructions 1,917.60 1230 TEM-TEE Ice cream for concessions 119.86 1231 TRI-STATE MACHINERY Equipment rental and parts-Bryant Lake Park project 814.62 • 1232 TNEMEC CO., INC. Supplies-Water dept. 68.25 1233 TWIN CITIES HARLEY DAVIDSON, INC. Motorcycle repairs 34.45 1234 TRW Supplies 6.82 ' 1235 TOWN'S EDGE FORD, INC. Repair service 287.22 1236 UNIFORMS UNLIMITED Uniforms-Public Safety dept. 283.80 1237 ROGER ULSTAD Meeting expenses 31.40 1238 VAN WATERS & ROGERS Chlorine-Water dept. 188.50 1239 VALLEY EQUIPMENT CO. Equipment repairs-Community Development . Project 232.82 1240 HAL WELDIN Reimbursement for gratuity-Teen Work program 11.33 1241 WILENSKY AUTO PARTS Equipment parts 42.77 1242 WESTERN LIFE INSURANCE Insurance 343.60 1243 WACONIA PATRIOT Liquor store ad 9.30 1244 SENNIFER YOUNG Refund on gymnastics 12.50 1245 ZECO Equipment parts and supplies for Street Maint.193.35 1246 ZIEGLER Equipment rental-Community Development project 3,950.00 1247 XEROX CORPORATION Services-City Hall and Public Safety 345.79 1248 SWEDLUND SEWER Repair service-Sewer dept. 400.00 1249 FRED A HABEGGER AND FLORENCE HABEGGER Easement-Neill Lake Drainage 10,300.00 1250 MODERN SPECIALTIES CO. Supplies-Liquor Store 5.10 1251 DON STODOLA'S WELL DRILLING Services-City Hall Maint. 52.90 1252 ADVERTISER Employment ad 9.60 1253 MINNEAPOLIS STAR Employment ad 72.21 1254 GLENROSE FLORAL Flowers 41.50 1255 FREEWAY FORD Two trucks 21,468.00 1256 ROBERT O'GRADY Refund of rent deposit 200.00 1257 M. E. LANE, INC. Auto insurance 22,544.00 1258 P.C.I. Contract- Est. No. 10, TH169 82,219.35 1259 MCNAMARA-VIVANT CONTR. Contract-Est. No. 5, Scenic Heights ' Upgrading 105,973.39 +' 1260 JOHNSON BROTHERS CORP. Contract-Est. No. 4, Eden View I 39,778.36 1261 G. L. CONTRACTING Contract-Est. No. 2, Well Pumphouse #3 50,014.59 . 1262 BROWN & CHRIS CONST. Contract-Est. No. 3 Homeward Hills Road Improvement 21,822.20 1263 RICHARD KNUTSON, INC. Contract-Est. No. 1, Street & Water Country Vista 26,490.15 August 15, 1978 8-11-78 1264 NDRTHDALE CONSTRUCTION Contract rctdEst. No. 1, Norseman Park2n 154,407.00 TOTAL 832,339.88 1911 August 15, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-146 RESOLUTION RECEIVING 100% PETITIDN AND ORDERING FEASIBILITY REPORT ON IMPROVEMENTS (I.C. 51-331) WHEREAS, a 100% petition has been received and it is proposed to make the following improvements: I.C. 51-331, Street and utility improvements on Franlo Road, west of Preserve Boulevard. and assess the benefitted property for the cost of the improvements, pursuant to M.S.A. 429.D11 to 429.111. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke Carroll Muller Associates, Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on Wolfgang H. Fenzel, Mayor ATTEST: SEAL John D. Franc, Clerk • • ���'� - August 15, 1978 CITY OF BEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-147 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT ON IMPROVEMENTS (I.C. 51-332) WHEREAS, a petition has been received and it is proposed to make • the following improvements: I.C. 51-332, Sanitary sewer extension for the proposed Super-Valu, Inc. headquarters site and adjacent properties at the southwest corner of Bryant Lake • and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke Carroll Muller Assoc., Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • IL I August 15, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-148 RESOLUTION REQUESTING MINN. D.O.T. FOR INTERSECTION IMPROVEMENTS AT T.H. 5 AND MITCHELL ROAD BE IT RESOLVED by the Eden Prairie City Council as follows: 1. That the Minn. Dept. of Transportation, District 5, is herein requested to include in its maintenance program, at the earliest possible date, the construction of a right • turn accelleration lane on eastbound T.H. 5 for traffic turning from northbound Mitchell Road to eastbound T.H. 5. 2. If additional right-of-way is needed for said improvements, the City shall provide same from its property at the southeast corner of T.H. 5 and Mitchell Road. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk I9C MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 10, 1978 • SU8JECT: Public Hearing for Cul-de-sating Creek Knoll Road The Minnesota Department of Transportation, District 5, has requested that the City authorize the cut-de-sacing of Creek Knoll Road at T.H. 169 in conjunction with the signalization project at Co. Rd. 1/T.H. 169. This cul-de-sating was contemplated by the City during the rezoning hearings for the Hustad development along the west side of Creek Knoll Road and is certainly appropriate from a safety standpoint. The actual right-of- way of Creek Knoll Road between the proposed cul-de-sac and T.N. 169 should be retained for trail purposes or possibly future extension of Creek Knoll Road over to connect with Sunnybrook Road. It is recommended that the Council set a hearing date of September 5, 1978, for the proposed cul-de-sacing of Creek Knoll Road. The Planning Com- mission will consider this matter at their Aug. 14 meeting, as shown on the attached notice. CJJ:kh • • • CITY OF EDEN PRAIRIE NENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN, that the Eden Prairie PlanningCommission will meet on Monday, August I4, 1978 , at 7:30 PM in the Eden Prairie City Hall, 8950 Eden Prairie Road and will during said meeting consider the cul-de-sating of Creek Knoll Road, eliminating its intersection with US. 169/212. • • All comments, questions, or inquiries should be presented at the meeting, or submitted prior to the meeting to the City Hall between the hours of 8:00 am - 4:30 pm, Monday through Friday. BY ORDER OF THE PLANNING COMMISSION ,� Published in the EP News August 10. 1978 o • c • •..., it" 4; • pion_ :'r'•.;1 ;' C .•moo g�� :a' i.•.,t• • ___71,iS'i.:.SriaiS. ••.. X':.. ' Q' . _...._.•a•.* -•}.....: 1" r.*.••«... fit•. COUNT % _ rdt. . .-' .. ‘11:4.0"'44 . I .,. I • 'I •••• i ' /�... _ I: ; 4i' ;.—M.{—•,_ ::_ • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 10, 1978 SUBJECT: Street Name Change on Darnell Road The attached petition has been received requesting the City Council to • change the street name of "Darnell Road," as noted in yellow on the attached drawing. Apparently, many motorists going into the area • become confused with the unusual street numbering system resulting from the circular roadway having the same name. At this point we would recommend changing that portion shown in yellow from Darnell to Blue Grass Trail. This would require the least number of homeowners to chance their records. Since the name change will affect residents who have not signed the petition, a public hearing is • recommended to beset for September 5, 1978. • CJJ:kh Attachment • • CITY OF EDEN PRAIRIE•, MTI4NESCTA 100% PETITION FOP. LOCAL IMP}:•JV_MENTS 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 with making the following described improvements: g (General Location) e �, • Sanitary Sewer _ 0,�b.c,. ,C• .-1*-4 ,_`= `7 -- Watermain {,�n� R , C'_SA-1 -Storm Sewer t--i -,..o/ -, � ! ` & � Street Paving Other Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby eaive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall he specially as- sessed against the property described below in accordance with the Cit ':; 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 rrpperty to be Served ( (Must be cwners of record) ? �914f ,/7.71.--,PI4: 944i) Ot �• . 1 . ` •(‘. .. '!? •4;4-..) g 7;4 s bo-v.u., /..,,,,,Q _ ,I Yves t9cl—,n.u/ ICd• ` I2ti. w Lao A-J maiko f v 7S�S_a2,ririzit 74. _ 7714. *71(„0..P. a�. n 19,s .e2474tc I .Li ____ 444 /r<<!' xi)( .(cried • & j iC(�Cr-e rtC _ ireZ IA _---- — — is (For City Use) Date Received <D- /.5 7A Project No. Council Consideration • • CITY OF EDEN PRAIRIE, MINNEEOTA • 100E 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 with making the following described improvements: ( "�r (General Location) t, Sanitary Sewer `� .00�, 1 r`Q✓1' (W jam-"\ Watermain ( 0-[✓.14� / ( 1'�" K� Storm Sewer iQK. r..,,`-,... _Street Paving . .: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- , sensed against the property described below in accordance with the City`s special assessment policies. We further understand that the pre l:minary, estimated total cost for the said improvements is Street Address or other Legal Names and addresse_ Df Peti•.icne:s - Description of e(Property tc be Served (Most be owners of record) _ ��____ c' xz„w„K_L Q�� )-1\ `1 C\,J.� � Ai%r'%.C/J .:i i 47-e- e..A. of c4 .1. �.f/�?�':.(A(3. ,/s:i _,:.________,. :i, g1 1. It P. c 1�:a� ca." 8 7O ) 1 jit M\j3X. itkv ° .& 2 'y`� • L '- / �- j� 1 15i!-,%7 .d)21,�,r=ick_(1 (-L.�� t-go,4r�,7�>)&60,..r,/,�=, e):-�i).J 3 -‘,s)"0 AGE/1We Cid i721. .//2/c'r 3/i(L� (iA /67.0 A(2.=9?dP1)rqt117 12.1 o .� r_e7../ "7 f-21,te/' (For City Use) Date Received el.,- - /5- "M Project No. Council Consideration 9 7 4/ _f t__ w .ON 1 ,. , ma — ..22- 23 T -.it l / ` . , . Imm di.A.A ' WANOtti4A4#AL )C A GIN illit , : ANDERSON L. Kes 4111114 41! ., ilapk4 41 I I&4 4qk 1 �y r - WV*.111141* 11 *1)9 . -.., . . r 11 --)r .1 .... 4. . ,. , : , 1 N___,111V,' ' --i..-ti- .. w.ff* r _ d- Aior_ _ ..____ 1 :. . . _.. ,..7. . .. _• Soo L a%-4T/oAl i✓IAP PE-64.1 ES T Fe,2 5 T R1-=t7 NArit Gf/44N4E 1219RivEL t. g o BOA ``°" August 11, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 7B-149 A RESOLUTION APPROVING FINAL PLAT OF NORMAN ADDITION WHEREAS, the plat of Norman Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 452 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 Norman Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 10, 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 required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • 19i CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 10, 1978 SUBJECT: NORMAN ADDITION PROPOSAL: The Developer, Dirlam Properties, is requesting City Council approval of the final plat of Norman Addition. This is a 13 lot single family residential (R1-13.5) plat located south of Duck Lake Trail, north of Hidden Ponds and east of Sterling Field. HISTORY: The preliminary plat was approved on July 5, 1978, per Council Resolution NO. 78-118. Zoning to R1-13.5 was finally read and approved by the City Council on on August 1, 1978, per Ordinance No. 78-35. The final plat now submitted for approval conforms with the approved preliminary plat and Developer's Agreement, dated August 1, 1978. VARIANCES: No variances will be allowed for this plat. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, street sings and street lighting will be installed throughout the development in accordance with City standards and the requirements of the Developer's Agreement. PARK DEDICATION: Park dedication requirements of Ordinance No. 332 shall apply to this plat. BONDING: A performance bond or letter of credit approved by the City Attorney in an amount approved by the City Engineer, to cover the cost of sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, street signs and street lighting, will be required prior to release of hardshell. A cash deposit of $1D1.40 will be required to cover the first year installation and maintenance costs of street lighting. RECOMMENDAITON: Recommend approval of the final plat of Norman Addition, subject to the requirements of this report and the following: 1. Receipt of cash deposit fee for street lighting. 2. Receipt of fee for City Engineering services in the amount of $390. 3. Satisfaction of bonding requirements. 190 August 10, 1978 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-150 A RESOLUTION APPROVING FINAL PLAT OF RAVEN RIDGE • WHEREAS, the plat of Raven Ridge has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Raven Ridge is approved upon com- pliance with the recommendation of the City Engineer's Report on this plat dated August 8, 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 required by MSP 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 • John D. Frane, Clerk I9(o j • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TC: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 8, 1978 SUBJECT: RAVEN RIDGE PRDPOSAL: The developer, Universal Land Inc., is requesting City Council approval of the final plat of Raven Ridge. This plat consists of 22 single family residential (R1-13.5) lots and 6 townhouse lots (RM 6.5 consisting of 24 units.) The plat is located south and east of Eden- vale Boulevard and Woodland Trail. HISTORY: The preliminary plat was approved by the City Council on May 2, 1978, per Resolution No. 78-78. Zoning to R1-13.5 and RM 6.5, as described above, was finally read and ti approved by the City Council on May 16, 1978, per Ordinance No. 78-25. The final plat now submitted for approval conforms with the approved preliminary plat and the Rezoning Agreement dated May 16, 1978. VARIANCES: Variance from the side yard setback requirements of Ordinance No. 135 shall be allowed as approved in the Rezoning Agreement dated May 16, 1978. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, street signs, street lighting and walkways will be installed throughout the development in accordance with City standards. PARK DEDICATION: Outlots A and B will be owned and maintained by the Eden- vale Homeowners Association and are to be used for walkway and open space purposes. BONDING: A performance bond or letter of credit approved by the City Attorney shall be posted in an amount approved by the City Engineer to cover the cost of sanitary sewer, watermain, storm sewer, streets, street signs and walkways. • • MO- f3, - 2 - A cash deposit of $465.60 will be required to cover the first year costs of installation and maintenance of street lighting. RECOMMENDATION: Recommend approval of the final plat of Raven Ridge, subject to the requirements of this report and the following: 1. Execution of the Engineering Agreement. 2. Satisfaction of bonding requirements. 3. Receipt of cash deposit for street lighting. 4. Receipt of fee for City Engineering services in the amount of $1380. CJJ:kh August 10, 1978 ; f CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-151 A RESOLUTION APPROVING FINAL PLAT OF TAMARAC WOODS WHEREAS, the plat of Tamarac Woods has been submitted in the manner required for platting under the Eden Prairie Ordinance Code and under Chap- ter 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, 8E IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Tamarac Woods is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 9, 1978. B. Varinace is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said EngiP Pr's Report. C. that the City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Register of Deeds and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3, together with the "Declaration of Covenants. Conditions and Restriction," dated D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to execute the Certificate of Approval on behlaf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk /964 _ 2 :: 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 installing sanitary sewer, watermain, storm b; sewer, concrete curb and gutter, bituminous surfacing, street signs and walkways. Plan for such improvements to be reviewed and approved by the Engineering Dept. staff. A cash deposit of $304.20 will be required to cover the first year installation and maintenance costs of street lighting. RECOMMENDATION: Recommend approval of the final plat of Tamarac Woods, subject to the requirements of this report and the following: 1. Receipt of fee for City Engineering services in the amount of $390. 2. Receipt of cash deposit for street lighting. 3. Incusion of restrictive covenants in conformance with the requirements of Item 7, Development's Agreement, dated August 1, 1978. 4. Conformance with the Development's Agreement. CJJ;kh Ig65 • C1TY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 9, 1978 SUBJECT: TAMARAC WOODS . 7 PROPOSAL: The developer, Universal Land, Inc. is requesting City Council ap- proval residential h(R]i1315)e fnal i plat at f located cwest dof Edenvale Boulevard s. This is a 13 lot sand lnorth e �ly of Edenvale 5th Addition. HISTORY: The preliminary plat was approved on June 7, 1978, per Council .;. Resolution N78-99. Zoning to R1-13.5 was finally read and approved by the City Council on Au,,.•:t 1, 1978, per Ordinance No.78-27. The final plat nowand thetDevelor Devroval elopers reementfdatedorms with August 1, 1978ed ." preliminary platPe, 9 • VARIANCES: Variances shall be as approved through the Development's Agree— ment dated August 1, 1978. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, • concrete curb and gutter, bituminous surfacing, street signs, street • lighting and walkways will be installed by the Developer in accordance with City specifications. A radius of 9'must1 be platted at the street intersection and cul-de-sac return as required through the Development's Agreement, dated August 1, 1978. PARK DEDICATION: This plat is located in the Edenvale PUD, therefore park • dedication requirements have been satisfied. Outlots A and B will be owned by the Edenvale Homeowners Association and will be used for open space purposes. August 15, 1978 CITY OF EDEN PRAIRIE `r i: . HENNEPIN COUNTY, MIN.NESOTA RESOLUTION NO. 78-152 A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE EAST FOURTH ADDITION • WHEREAS,•the plat of Prairie East Fourth Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minne- sota 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 Prairie East Fourth Addition is • approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 9, 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 thier use as required by MSA 452.358, 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 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 • UiTh D. Frane, Clerk • /90 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT 7O: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 9, 1978 SUBJECT: PRAIRIE EAST FOURTH ADDITION PROPOSAL: Hustad Development Corp. is requesting final plat approval of Prairie East Fourth Addition. This is a 69 lot single family resi- dential plat (R1-13.5) located east of Franlo Road, south of Prairie East Addition and west of Prairie East Third Addition. HISTORY: The preliminary plat was approved on May 16, 1978, per Council Resolution No. 78-65. The PUD concept plan was approved on May 16, 1978, per Resolution 78-92. Rezoning to R1-13.5 was finally read and approved by the City Council on June 2D, 197B, per Ordinance No. 78-22. The final plat now submitted for approval conforms with the approved preliminary plat and Development Agreement dated June 20, 1978. VARIANCES: Variance from maximum density, setback and lot size require- ments of Ordinance No. 135 have been requested and allowed per the Development Agreement, items 15 and 16. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, street signs, street lighting and walkways will be installed throughout the development in accordance with City standards. PARK DEDICATION: Park dedication requirements for this plat are covered in items 3, 4 and 5 of the Development Agreement. 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, street signs and walkways. • A cash deposit of$1115.40 will be required to cover the first year maintenance and installation costs of street lighting. - 2 - RECOMMENDATION: Recommend approval of the final plat of Prairie East Fourth Addition, subject to the requirements of this report and the following: 1. Receipt of cash deposit for street lighting. 2. Receipt of fee for City Engineering services in the amount of $1500. 3. Satisfaction of Bonding Requirements. CJJ:kh • • • • 19(09 August 15, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTIDN NO. 78-153 A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE EAST SIXTH ADDN. WHEREAS, the plat of Prairie East Sixth Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings • have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minne • - sota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 7:' A. Plat approval request for Prairie East Sixth Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 10, 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 required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk CITY DF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 10, 1978 SUBJECT: PRAIRIE EAST SIXTH ADDITION PROPOSAL: Hustad Development Corp., is requesting City Council approval of the final plat of Prairie East Sixth Addition. This is a 51 lot single family residential (R1-13.5) plat located west of Franlo Road, north of Pioneer Trail and east of Olympic Hills 4th Addition. HISTORY: The preliminary plat was approved on May 15, 1978, per Council Resolution NO. 78-65. The PUD concept plan was approved on May 15, 1978, per Resolution No. 78-92. Rezoning to R1-13.5 was finally read and approved by the City Council i on June 20, 1978, per Ordinance No. 79-22. The final plat now submitted for approval conforms with the approved preliminary plat and Development Agreement dated June 20, 1978. VARIANCES: Variance from the maximum density, setback and lot size require- ments of Ordinance No. 135 have been requested and allowed per the I Development Agreement, items 15 and 16. UTILITIES AND STREETS: Municipal sanitary sewer, watermain, storm sewer, s$• concrete curb and gutter, bituminaous surfacing, street signs, street lighting, and walkways will be installed throughout the development in accordance with City specifications. • v Building permits will be allowed for buildings proposed below eleva • - tion 865 until the proposed ponding area flood elevation has been determined and provisions, approved by the City Engineer, have been made for a controlled outlet. • The street name "Raven Drive" conflicts with other names being used j and must be changed. The Developer will submit a new name, to be 4i approved by the Engineering Dept. and Hopkins Postal Dept., prior t k. to filing the final plat. . PARK DEDICATION: Park dedication requirements for this plat are covered in items 3, 4 and 5 of the Development Agreement. - 2 - 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, street signs and walkways. A cash deposit of $709.BD will be required to cover the first year maintenance and installation costs of street lighting. RECOMMENDATION: Recommend approval of the final plat of Prairie East Sixth Addition, subject to the requirements of this report and the following: 1. Receipt of cash deposit for street lighting. 2. Receipt of fee for City Engineering services in the amount of $1500. 3. Satisfaction of bonding requirements. 4. Acceptance of street name change. CJJ:kh • • • 1011 EDEN PRAIRIE INOEPENOENT SCHOOL OISTRICT NO. 272 RESOLUTION FROM AUGUST 3, 1978 MINUTES Motion made by Bette Anderson and seconded by Geneva Middleton that: WHEREAS the Eden Prairie Planning Commission did meet on July 24, 1978 and did make a recommendation to the City Council concerning an alternate road to serve an area described as Section 8, Township 116, Range 22, Hennepin County, Eden Prairie, Minnesota and as otherwise identified as the area immediately adjacent to the South and West sides of Round Lake; and, WHEREAS the area described will probably be planned and platted in three separate developments starting with the southerly development (blue area on attached map) and progressing west with the third area (red area on attached map) probably being developed in 12 to 18 months; and, WHEREAS the third area's development (red area on attached map) will Include a road to connect with either Valley View Road or West 72nd Street; and, WHEREAS it would be most desirable for the City of Eden Prairie to connect this alternate route to Valley View Road but since the exact location of . Iley View Road is presently uncertain the plan is to make the alternate connection to West 72nd Street until the exact location of Valley View Road is constructed; and, WHEREAS the normal assessing practice is to assess the "benefiting" land owners which the City may determine to be Independent School District No. 272; and, WHEREAS the School District may benefit from this alternate road proposal only if and when the School District should use West 72nd Street as an entrance to its new high school; and, WHEREAS Eden Prairie residents using 72nd Street as a temporary exit to County Road 4 would encounter a safety hazard from heavy construction equipment using 72nd Street during the construction period of the new high school; and WHEREAS the School Oistrict would incur detrimental additional traffic problems by having additional traffic channeled past this educational facility thereby increasing the concern for the safety of children attending the new high school; and, f9�q • WHEREAS West 72nd Street is not an officially platted street with a defined right-of-way; and, WHEREAS a joint resolution signed by the Mayor of Eden Prairie and the School Board Chairman on September 16, 1976 staled that "it is the intent to use 72nd Street as a temporary road"; THEREFORE BE IT RESOLVED that the School Board of Independent School District No. 272 does respectfully request that the Eden Prairie City Council delay the implementation of the alternate route until the exact location of Valley View Road is determined and constructed; and, • FURTHER RESOLVE that if the delay in determining the exact site of Valley View Road is extended beyond the best interests of the community that the exact legal status of West 72nd Street including its exact location and width be cooperatively determined with the School District prior to upgrading Its use; and, FURTHER RESOLVE that if West 72nd Street is used as the alternate route that the asse.»•,�nts against the School District be mutually and cooperatively determined so that the School District's portion would not be greater than the amount the School District would have invested in making improvements upon West 72nd Street if it was used as a "temporary road" or driveway for the high school's use while awaiting Vally View Road's construction. • f995 • , _ 1_. ice'i • •,.........' J /4. I �' 1 AI s 1.4. vs.," • .0.40 ''. ma\ R, I.•! i I wi • fir1 .4!..,44,.. "v../ / ii PlifirP...fcl 9"•T4 � • maw j - ' 1: ir, ' V ft : • i • . fL : 1E-TR I:s ;1 ` - 11".37C .1$ • ''''' •- it • • I- I ►SA:R:E ViteaE n •�,� YlJ1 u j -,',. �� ..- - �f�RpF0SED Gr.�RUi, SITE :: "-........\ r- _I . ., ... _ 19119 • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 11, 1978 SUBJECT: Recommended Street System for the Round Lake Area At the July 5, 1978, Council meeting, in conjunction with the proposed rezoning and platting of the Lake Trail Estates subdivision, the Council directed that public hearings be held before the Planning Commission and also the City Council regarding a comprehensive street system plan for the general area north of T.N. 5 and West County Road 4 in the vicinity of Round Lake. The primary issues to be addressed included: 1) the exten- sion of Luther way, 2) alternate access for Heritage Road, and 3) align- ment for Valley View Road. On Monday, July 24, 1978, the Planning Commission conducted a hearing on the staff recommended street system which is shown as "Alternate 1A" in the at- tached minutes. The area notified for this hearing included all proper- ties from County Road 4 to the west line of Heritage Park between T.H. 5 and the Milwaukee Railroad. The minutes of this hearing and the Planning Commission recommendations are attached hereto. The staff has the following recommendations regarding the street system plan for the Round Lake Area (refer to Exhibit A): i4 1. Luther Way Extension Luther Way should be extended westerly in accordance with Alternate 1A (which has been incorporated in Exhibit A), thus providing an 9 - 2 - interconnection of existing and future residential neighborhoods. The interconnection would be very indirect, thus discouraging any thru traffic from Valley View Road and the proposed high school site. The advantages of interconnecting neighborhoods include: 1) alternate access routes in case of emergency, 2) more even distribution of traffic, 3) more efficient snow plowing and school bus routes, 4) inter-neighborhood travel is possible without using major highways. The surfacing on existing Luther Way is in good condition and with proper maintenance can withstand for several years the added traffic (est. 500-800 trip/day) which will result when the inter- connection is completed and full development occurs. At such time that sewer and water laterals are installed in the Kirk Meadows subdivision (5 years?) Luther Way would be reconstructed to City standards as a 32' wide residential thru street. This same street design will be required in the new subdivisions to the west of Kirk Meadows. If Luther Way is extended as proposed, and unanticipated traffic problems do occur, it would be possible to utilize one-way streets to help mitigate such problems. 2. Alternate access for Heritage Road The residents in Heritage Park and Round Lake Estates 1st Addition have expressed a strong concern and desire for an alternate access other than the Heritage Road/T.H. 5 intersection. They have suggested that some form of connection to existing Luther Way is - 3 - essential, even with a connection to Valley View Road or W. 78th St. and an additional connection to T.H. 5. The staff concurs that the Luther Way connection will help relieve the Heritage Road/T.H. 5 intersection, but that also a northerly connection to new Valley View Road or W. 72nd St. in the absence of Valley View Road, is a necessary component for the proper long- term access to these neighborhoods. 3. Alignment for Valley View Road As directed by the City Council the staff is in the process of preparing a detailed feasibility report for the extension of Valley View Road west of County Road 4 to Tartan Curve and also Dell Road from Duck Lake Trail to the south line of Hidden Ponds 2nd Addition. At the present time, certain information is lacking from the Milwaukee Railroad Co. and Minn. D.O.T. regarding the requirements for the railroad underpass structure and the need and extent of a railroad by-pass during construction of the under- pass structure. This information is necessary to properly com- plete the report. Also, we are reviewing the need for sanitary sewer, watermain and storm sewer service along the Valley View Road alignment. Exhibit 8 shows a typical section of the design for the proposed Valley View Road. The design must conform to Municipal State Aid standards to be eligible for State Aid funding. The key design elements are as follows: - 4 - 48' wide driving surface with concrete curb and gutter 10,000 A.D.T. projected, traffic volume and 35 MPH speed limit for design purposes. (present traffic on Co. Rd. 4 is approx. 6,000 A.D.T.) 5' concrete sidewalks on both sides 3 pedestrian overpasses in Round Lake School/Park area Traffic signal at Co. Rd. 4 intersection Installation of required utilities, including sanitary sewer, watennain and storm sewer Cost elements: $30/ft. Road surfacing $8/ft. Curb and gutter $12/ft. Sidewalks $30/ft. Drainage $20/ft Grading Railroad underpass ? Shu-Fly $40,000 ea. Pedestrian overpass $75,000 ea. Traffic signal at Co. Rd. 4 25% Engineering & temp. financing 7 Right-of-way Special assessments for Valley View Road and Dell Road improvements would be levied to abutting, assessable properties at the rate of $25 per foot for single family residential property and $30 per foot for the Round Lake school/park property. The rate of $23 per foot would apply in the Maple Leaf Acres project in accor- dance with the approvals for that development. The balance of the i I - 5 - project cost would be funded through a combination of state aid and general fund bonding by the City. Exhibit C showns four alternate alignments for Valley View Road between the terminus points of County Road 4 at existing Valley View Road and the proposed railroad underpass northwest of Round Lake. Following Exhibit C are listings of the pros and cons for each alternate. It is the City staff's opinion that the Direct Route remains the most feasible alternate for the alignment of Valley View Road through the Round Lake Area. RECOMMENDATIONS The staff recommends to the City Council as follows: 1. Recieve this memo of 8/11/78 giving conceptual approaval to the comprehensive street system plan as shown on Exhibit A.. 2. Direct the staff to continue the feasibility study for the exten- sion of Valley View Road based on the direct alignment alternate, with construction to be programmed for the summer of 1979. •♦ \ r r. 1 I - S \ - , --__,. ,--- - n ED a:R ■ iteBlr' ' v li \Ara. ,: raire .. ... . „..., ..1 . 4ip.‘, ,. , . .............. . . .. ...••_.::::....i ........t, iha,,i, 3 .. il` ,:...:•..., . a s ....___ 2 .. 1:::.; : t;. . 41.0. t4 6 tea L.,p..... i •... ., l s�� !,..: 4 . . •... i1h . .. • . ‘\ -443, • - it)4t, - -:-....,:::. , _ant,. ,,-. a . ‘ ., .. ,k_... . .. .„......,:___ i . ...„..., •...........:.:•:........ Tam vim% • 1....; Elr. . ___1111....71. ......•:„:„.....:.: f.,==ri: \tit ' \ ' ... _al., ,,, — WIN! l• ► 1 1‘‘ r�I4 IF1 �'� s 1! #o„,.1„. ., . : ; 4,, ,. -.vicg . , , , i trc,.[(4„,_..liai. hk.4140-obili.." afrr,i•Li .I; ill ': \. I ' , „, . .. 0 _. tail . , . ,t,....,„ ,L. .... . ...li . „ . ,,,,,,,,,,,, _., ..... 41 .1 •4p .....: 4.0 -,-,,,/ --vrermIxr-- i `Pi;akw -tlfrt 0, > lei, I) _Irli .:, & - -��• - � � z o z r,. .. -- ,...ite., III. - .-.! - EXHIBIT A R' --- -------- -1'---` - r 1 z d u z o U -O O 1 I fi zcc' 0 • v LLI * 'O - O `� }— f— W ui o .c)11 LAw N �'- r a y I-- z - '.:Ca MC in ca QC Q' N N.) O Q 1 ooa -;f- J cc Odo CO T �„ ffg u <I > 1 1 V W w O O�0 a Q- f 4 p 2 o 1— r v Ui — — — 1 in J 01 F z O I Q• th W K O W C Q Q Q a a = f Vi z U n O F o • N o EXHIBIT B ila' � f ' !r --1�� . ()/ rrY/ _ . , , { - • •yir....., 1pL._;,---Dai , - j,„ i ' �L1 ill: ,l,.., _ r, Iiiii '•10 1 jANI ..,....._ Ill • 1 .',-- '. 111" 1-ii' ik . .. . .. ff\S� k ) ' i . .. z k 1 i f . s. w r C ,• aIII t; ni ri.....,..L._2.>„ .,:..: 0 ve_ . ..,....,,!: p lisIM.W .--2 te41":; • rk? sCCIl1►n • V at, Ai i!: 1111,p1411 . .. •. . .. igI11111111/ (1°3 - 1 ... i / -1 l:TlL ( r '� :• " ,..a. is1 ... I: ,� -!� \ %Acti Flifti I_ a :'.',;"r L*114‘ 1/04111.1121:10--t. 111 .4111 rag .4.40-46.14tr: --:,,,- -11 :: ' \ z ,,,,: iit*tam. a ti , ..,,,-: - - -... 4ili. t 1 Alot : ,..vm.,...,_-, , , ....,.. pi Ei. :t„ co..4 A A..%Mt' i> i--.1#riq .......7_,. , 41 .+� • AI i II , • EXHIBIT ,„ la.wt.o n.os t M e C / Unapproved Planning Commission Minutes - 4 - July 24, 1978 'timbers Present A. Public Hearing om transportation alternatives for northwest corner of Trunk Highway 5 and County Road 4. (Luther Way, Heritage Road, West 72nd St., proposed Valley View Road). The Planner spoke to feasibility study by the Council on the Heritage Hills and Round Lake areas for sewer and water, and that no further plan would work without an alternate access from the site. Neighbors were concerned about impact of sewer and water on their neighborhood as far as what types of roads it might entice. He spoke to thirteen alternate roads developed by the Engineering Department showing different types of cul-de-sacs and road alignments. Council has directed the Planning Commission to hold this Public Hearing, and will then be considered at a City Council Public Hearing. The Planner presented various road alternatives and answered questions on details of the plans. He spoke to the Planning Staff and Engineering Departments recommendation of locating many access points out of the area to divide traffic as even as possible, and consideration of making Luther Way a one-way street so traffic will have to come back on one of additional accesses. Bearman questioned the safety factor of only two accesses out to Highway 5. Enger resoonded that access is anticipated further west, from Dell Road. Bearman favored alternate #3 because it was a more disjointed route, therefore eliminating the possibility of people using shortcuts through their neigh- borh. J. Mr. Kenneth Geason, 7621 Atherton Way, spoke in favor of alternate road plan 1A, speaking for residentons in his area. Mr. Paql Martin.7An1 Athertgp_W4v, sooke to the safety of the children going to the Prairie Village Mall, and felt this should be addressed. The Planner• spoke to re-zoning of Trail Lake Estates subject to providing a sidewalk in additional right-of-way. Mr. David Pavelka, 17625 Luther Way, favored alternate road plan 10, ex- plaining that Luther Way was built to serve 13 unitsand would not be able to handle additional traffic without extensive improvements. He said the access to T.H. 5 was inadequate and consideration of a plan with a "straight shot" through would encourage high speeds. He asked that the problem in Atherton Way not be transferred to Luther Way and Co. Rd. 4, and that the Commission consider those people living the closest to the area. Mrs.Lawrence Russell, 12101 Sunnybrook Rd., favored an inner frontage road to alleviate traffic on Co. Rd. 4 and T.H. 5 because of safety factor. Mr. Geason felt that alternate road plan 10 did not give the people in Heritage Hills a way out and it offered the people on Atherton Way nothing. Lynch suggested moving Valley View Road below Round Lake and tieing all of these developments together. Enger responded that this was considered, but would tend to divide the area into less usuable sizes and would have a sig- nificant effect on the park. Unapproved Planning Commission Minutes - 5 - July 24, 1978 Mr. Ivan Kundel, 17491 Kilmar Ave., spoke to Heritage Rd. and Kilmar Avenues as the same as Luther Way and felt additional traffic on these streets was just as undesireable as on Luther Way and spoke in favor of frontage Road along TH. 5 and felt traffic patterns should be opened up in all directions. Redpath question assessment for a service road on the north side of T.H. 5 and asked whether the cost could be split among the developments. Enger responded that a frontage road made it more attractive to an owner for commercial use and generate more traffic. Pavelka spoke in favor of a service road, noting also that Eden Prairie needs an east/west road and that people on Luther Way are concerned that Luther Way will become that major east/west road. Enger responded that a service road could not serve the same functions as the alternate road plans studied, because it would not provide an access out of the area except to the Prairie Village Mall. He did not believe that Luther Way would be used as an east/way connection. Mr. Steve Longman, 17230 Park Circle, spoke to the need in Heritage Hills area for an access, pointing out that their area has 120 houses, while the Luther Way area has only 20 houses. Mr. Charles Mills, 7640 AthtertonWay, said the safety factor was the prime concer of the residents in his area, and he feels additional building in that area should not be allowed until they have an alternate access. Dearman suggested a road behind Luther Way and suggested moving road to the back of the lots. Mr. Longman asked what the Staff recommends. Enger responded that they recommend alternate road plan 11 or 1A. Sundstrom felt the link should be Valley View Road and should not encroach on residents. Mr. Pearson, 7760 Meadow Lane, spoke to additional homes that will he built, and suggested that if the Valley View Road were in place, this dis- agreement would not be present. Mr. Cliff Weiss,16600 Luther Way, requested a traffic count at the Luther Way exit so the residents know where they stand. MOTION: Dearman moved to close the Public Hearing. Lynch seconded, motion carried unanimously. MOTION: Dearman moved to recommend to the City Council the approval of the Road Alternate lA as proposed road network of Section 8; in addition request City Council to consider placing a sidewalk or path along T.H. 5 through the City property in Heritage Hills and the unbuiltparcel west of Prairie Village Mall to provide access to the Mall. The Planning Commission also felt that Valley View Road be given high priority, and upgrading of Luther Way be given priority when warranted. Lynch seconded, motion carried 6:0:1, with Lynch voting "nay". Levitt asked what the status of Valley View Road was presently. Enger res- ponded that the Engineer Department is directed to prepare a feasibility study to construct the connection on Valley View. Planning Commission Minutes - 6 - July 24, 1978 Lynch favored that Luther Way be converted back to cul-de-sac position upon completion of Valley View Road. Eiger responded he did not feel this would solve the problem of giving the residents a way out, and in addition, you would cut off another access at that time and cut those people off. MOTION: Redpath moved to recommend to the Council that the Luther Way traffic be limited one-way east bound for three hours daily from 7:00 A.M. to 10:00 P.M. , and that this limitation be put on area from western boundary at Kirk Meadows. Levitt seconded, motion carried 4:2:1. Bearman and Levitt voted "nay°., Lynch abstained. Lynch commented that his belief was that this solution does not deal with the problem and that the real solution of the re-location of Valley View Road south of the lake or from re-location of Valley View Road or south of street running north of Luther Way and connect- ing perhaps with Westgate. 4 PLANNING COMM. MINUTES towESOOq Minnesota Department of Transportation • a ?' -R++ Qa- District 5 rOF TO" 2055 No.Lilac Drive Golden Valley,Minnesota 55422 i612 I545.3761 • July 7, 1978 • • Mr. Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: S.P. 2701 T.H. 5 Plat review of Lake Trail Estates located approximately '; mile West of C.S.A.H. 4 & • Worth of T.H. 5 in the Southwest Quarter, Section 8, Township 116, Range 22 in City of Eden Prairie Hennepin County Dear `Ir. Enger: We are in receipt of the above referenced plat for our review in accordance with Fnnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: Long range plans for existing T.H. 5 improvements are indefinite, therefore, every effort should be made to prve vedthe hecopertti integrity of the existing facility. Congestion poten- tial increases with additional access points; thus, wherever possible direct_access points should be minimized. it is very'possible that the proposed street connecting to T.H. 5 would be terminated by future frontage road construction or left turns to the street may be enated by construction of a median island when (and if) T.H. 5 is upgraded. Predicted noise levels at the proposed location of the homes tccan n be expected to be 65 d(A and at the church location, 70 dBA. standards for both of these uses are 65 dbA. It should be understood the Minnesota Department of Transportation policy is such that we will not provide noise abatement facilities for new development adjacent to major transportation facilities. • The proposed earth round in the area of the new homes is a good step towards providing protection from noise. An Egan,Opportunity Employer PLANNING COMM. MINUTES Mr. Chris Enger,Planning Director July 7, 1978 Page 2 • Before construction of the proposed street an entrance permit must We be applied for and approved at our District Office in GlenaVa ley. will require construction of a right turn and a by-pass condition of the permit. Design details of the entrance will be worked out when the permit is applied for. Our District Surveyor, Mr. Keith Slater,iis He wcurr like the herprocess f montact ng our inplace right of way�nsure coordination of the surveys. contact him at 545-3761 ext. 199 to please contact If you have any questions in regard to the above continents, atr District1ext. 150.ReThankhyoudforvyourn�cooperent ationrin'r.these matters. 545-3761 ext. Sig rely, W. M. Crawford, P.E. I District Director v nd cc: Mr. John Metropoli8 tan aCouncil 301 Metro Square Building 7th & Robert Streets St. Paul, Minnesota 55101 Mr. Gary Backer Hennepin County Surveyors Office Hennepin County Government Center 300 South 6th Street A-703 Minneapolis, Minnesota 55487 • • PLANNING COMM. MINUTES JULzet1 , July 26, 1978 Eden Prairie City Council Eden Prairie City Hall On Monday, July 24th, the Eden Prairie Planning Commission held a public hearing on the "transportation alternatives for (the) northwest corner of Trunk Highway '#5 and County Road 4." Shortly into the discussion on this matter it became apparent that this would essentially be a rehearing of matters that had been discussed by both the PlanninCommission and the City Council within the past few months. The main thrust of the comments (especially from residents of the Heritage Park area) was not directed towards a total, safe, and sound transportation system for the planning area involved, but towards the development of the quickest alternative route-of-exit for the residents of the Heritage Park/Round Lake Estates area. The quickest available route in the minds of those understanably frustrated homeowners was (as in the past) access to Trunk • Highway $5 via Luther Way. The major east-west collector/arterial systems in this area, i.e. Trunk Highway.k5 and the Valley View Extension, were generally ignored as the appropriate major transportation systems, either because of existing safety concerns or the fact that the Valley Vie' Extension was not indicated as being available for use until possibly 1979. The result of this hearing (which was essentially a re-play of arguments that had been presented before to the Council) , was the Planning Commissions's recommendation (six to one) to alleviate the concerns of the Heritage Park area by moving the "problem" to Luther tray. (This proposal generally reflected the Commission's previous recommendation.) In effect, the major planned transportatic collectors for this area were bypassed, and Luther Way was recommended to become a major collector street. (Traffic increase projections for Luther Way have ranged from 200% to 500%) . This decision, and recommendation, by the Planning Commission is misplaced and wrong. It only moves a traffic safety problem - it does not solve one. It transfers the problem to an area that is already "surrounded" and burdened by high traffic uses which will increase drastically in the near future as the high school' is built, the park expanded, and the northeast corner of County Road 4 and Trunk Highway #5 is developed. • page 2 PLANNING COMM. MINUTES I would request that the members of the City Council find that the alternative recommended by the Planning Commission (See Alternative lA attached) is innappropriate to the proper and safe planning of this area. I would request that the Council re-affirm its previous intentions to provide a comprehensive, safe, and planned transportation system for this area by requiring the implementation of a plan that would use the existing and planned collector/arterial routes (See Alternative 10 attached) . This total system plan will provide a reasonable, safe, and comprehensive approach to the present and future transportation requirements for this entire area. Very truly yours, (Lt. Robert K. Williams 16600 Luther Way • • .,___J. . . . ••: •• . ..., , .... . . .•..:: .: .1..2., it. "(., ..ik_.- c---,......„- --,\----\1/4... • - -: ___ , • —___i ALTERNATE lA (PLANNING COMM. MINUTES) ;7•:"....."----- • .• • . _EM _______--•-----T:„.- . 77 • LTV: .... .. . _.7 • \ . . I— c•..._?At • , . . /s.,..,.,..........`4... __T._____:: • . . . — \ -.... .., -.. . -....._.....-- ‹...., -... .4 1.1 .----I , .... • . .... • - . • •Z-7-r. --I-1-7 '-------- -.I-N 'Fr.:-.):''r): :"._.'• ' - ':;.:. i.:.i :.::i::-:.:. 1.:. i:.:.:.:..,i:.: :.iii . :.. Ai. ..:: ::: /_11.. .)7:..e .:- '.. :--, ::?::-:..:ii:i .:*::::: :i:::::i::.:i: : ._ . 1 •Ci\..,,-- :::.:::ii:], :::ir.:::::.:!-:.-.:1 :.: , • •- •• - • • •.•.•.•.•.-. . . . .. . • - f- -ti- •::::::::::::::::::::::-. •iii.. ... -'---- --,- *. • .. - / N . . . . .. I 1 - /4 ALT 1 h pc ,-1-- 11:4_ TeN1 ___ i,:.•.;<- - scf , - i. . . ...:r.t. , ._ _... 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L . wail -2, • . \• - - -...., \ 4 t ______JL._— . • 5 • ---------.------- ---- -•N PROPOSED CHORCH-A :;..:.,. -----------. {.:;;. — .•:::::',7:::-:-:: ::7.!---7.,,-.7,---",..,- . • • .•::::: :i: :i: :!: :i::::: : :: :::::::!7:7::\ •::::::::•:•:•:•:•••!•:•:•:-:- .. . . . . .. . . .,. •-.•.- -.•..... . •:: i:::::::: ..:: ::•:•:.:-:•:•:•:•:•:-: :•:-. • :••: :-:::::::::: ."7:•:.::: ::., .--%..""\ ...... .... . . . . • . . . .\-...._ ..•..•...•.•. •.•.• • ... .. . .. . .. . . . . . .... . ... . . . . . .. . . . . . . .. : •::::::::::::::::::::::::::::::•:.:•:. •::::::::::::::::::: ::::.: _...---..._17..._____ r---- .................. ....... ..... .... . . . . . ell,- = I 2 00 1- 147 c 4 IS Q 0 AL-TIP z tal • gip, _1lR . ALTERNATE 10 1 1c / (Planning Comm. Minutes) ..� ..f I I . Le. . '« s,.. d11111,,r tr.illikil1 /,,ram •• 'I:: 1 IC-oca • ert.4404.7 —7:: • • — Mil', .„0".. 5 --;57, • • . f- --. :.--- --1- , . ..-- • n.m • ....._ ••••••._ .. --„, i• ------ - . I • • -- _ . • v\ •��\ -__--_ �, ,,,,.• _____, 1 ___v_Lr._,__ ...,.....___,,,....,i-,_-_____- _. • • •••••••.__ ____- ......, ..,/,.. _ _ ..._____ , ...--4 • .,�lL I jl __ —,r--7— ' ":::'i =c•:='�5:::: c::[[i'[ 1 - - CCET - --i F._j �,Jly 's'l _ 7:CET V2R -1, ' , - ., -' e ., `_ F •ik' " • . ALT 10 3 L: T ,. 500 ■it>■ 4� ) - -3 (Yi .s_' .T ? (fit 1 1. r t �4 �.[ !IJ'�'!.'. ------- v /� c• 1-t V —._ J :I _ PR lrf�E N_LtLC• T. H. 5 ' - PROPOSED CHURCH — _ SITE SITE — — -- — ALI,. to - -- DIRECT ROUTE Length: 4,000 ft. Est. Cost: $700,000 PROS CONS 1. Shortest distance, gas savings, 1. Direct Route would require careful most efficient traffic mover, design to preserve physical and least initial casts, and on- visual access between school location going maintenance costs. and lake and other site uses. This would also require careful drainage 2. Leaves northern portion of design. Grading costs would be site undisturbed for maximum comparable to longer norther routes flexibility for expansion of without overpasses. school, addition of middle school, possible civic center 2. Three pedestrian passes would have site, plus future areas (the to be provided. Based on torten main purpose of a Community steel prefabricated bridges, this Playfield Park.) cost would be about $40,D00 per bridge. 3. With stretegically located 'at grade' overpasses and a 3. Could possibly require purchase of west depressed road section road ern farm home. would not interfere with physical relationships be- 4. School district is opposed because of tween school and lake or concerns over safety of students and between uses on the site. unobstructed access to Round Lake 4. Proper design of road would enhance approach to school and siting of school 5. Would give everyone driving on the road visual use of the park (pleasant scenic drive.) 6. If properly designed, road could serve to intercept surface run off from athletic fields and channel it into sedimentation ponds, lake water quality would have the potential to improve. 7. Consistent with the Comprehen- sive Guide Plan which residents in the area may have relied upon when purchasing homes. 8. Provides good alternate access for subdivisions to the south and west of Round Lake. NORTH I ROUTE Length: 5,000 ft. Est. Cost: $780,000 • PROS CONS 1. Does not come between schoon 1. Cuts the norther portion of the and lake. site into sizes & portions difficult to use. 2. Creates a logical place to split off land for other 2. Prevents the expansion of the school uses (if that is the intent.) addition. 3. More costly than Direct Route. 4. Creates sites along Co. Road 4 which are bordered on both sides by four lane roads. 5. Geometrics of alignment inefficient for east/west traffic movement, which is purpose of road. 5. Circuitous connection for subdivision south & west of Round Lake NORTH II ROUTE (Using Co. Rd. 4) Length: 5,800 ft. Est. Cost: $990,000 PROS CONS !. Does not cut through site with 1. Requires an extra traffic signal on a 4 lane road. Co. Rd. 4. 2. Allows flexibility of park uses. 2. Puts 8-10,000 additional trips along 2,000' of Co. Rd. 4 and causes 3. Part of northern road may be excessive turning movements across accessable to property north Co. Rd. 4 thru traffic. 3. Poor sight distance to the north at railroad overpass on Co. Rd. 4. 4. Negative impact for existing residents along Co. Rd. 4. 5. More costly than Direct Route. 6. Poor connection for subdivision south & west of Round Lake. SOUTHERN ROUTE Length: 5,800 ft. Est. cost: $800,000 PROS CONS • 1. Allows most flexibility for 1. Cuts through existing City park, school dist. plans and hockey and free skating rinks, alleviates their concerns separates pavilion from playfields. for student safety. 2. Destroys a portion of the oak woods on 2. Would provide good access to south shore of Round Lake. subdivisions south and west of Round Lake. 3. Negative effect for existing residents along Luther Way. 4. More costly than direct route. 5. Could lose funding for park development project. Minutes - Parks, Recreation, and Natural Resources Commission - 3 - August 4, 1978 (All Tribe'-s present) V. B. 3. Development Proposals b. Anderson Lake Parkway Apartments Lee Johnson, representative of the Anderson Lake Apartments explained that they were proposing 126 units of apartments in two buildings. He also explained the landscaping, and general plans for • how the development would be done. Although this is the third proposal that has been brought to the city, it is different than the last one that had been presented. When asked how they had arrived at the estimated 10-12 children that would be playing in the tot lot, Mr. Johnson stated that there would be very few children living in the apartment complex. MOTION was made by George Tangen to recommend to the council the approval of the apartments, sub- ject to the staff recommendations. The motion was seconded by Dave Anderson. Motion carried 5-2 with William Garens and Robert Krucll voting "nay". MEMORANDUM ' TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: July 14, 1978 • SUBJECT: Development Pyoposal Check List • PROJECT:Anderson Lakes Parkway Apartments PROPONENT: The Preserve REQUEST: Rezoning from Rural to R.M. 2.5 for 8.98 acres 14 units/acre LOCATION: South of Anderson Lakes Parkway adiacent to Preserve Center • BACKGROUND: see attached Planning Staff Report CHECKLIST: • • Nesbitt Preserve Park 1. Adjacent to parks? (Neighborhood, Community, Regional) within % mile of park Affect on park: Will increase demand on park 2. Adjacent to public waters? Neill Lake Affect on waters: Parking lot runoff plans and sedimentation pond to be submitted to Purgatory Creek Watershed for approval. Sedimentation pond in N.E. coT 3. Adjacent to trails? Preserve will continue with current plan - underpass under Anderson Lakes Parkway to Preserve Center - connecting with other trails Type of trails: (bike, multi-use, transportation, etc.)Bike and Pedestrian Construction: (asphalt, concrete, wood chips, aglime) Asphalt Width: 6' Party Responsible for construction? Preserve • Landownership: (dedicated, density tradeoff, etc.) Preserve • Type of Development? (residential, commercial, industrial) High Density ( , Where will CASH PARK FEE go? (what neighborhood) Not required Need for a mini-park? Need for tot lot with adequate capacity for 10-12 childre /r' 9 d , _2- 5. REFERENCE CHECK: a. Major Center Arca Study: N/A • b. Neighborhood Facilities Study: Nesbitt Preserve Park currently under construction •• c. Purgatory Creek Study: N/A d. Shoreland Management Ordinance: N/A cprrent State Art dnec not apply to multiple family. e. Floodplain Ordinance: N/A f. Guide Plan: 1968 Guide Plan shows single family; 1970 Preserve Plan ammendPr1 1968 Plan and designates site multiple. g. Other: i978 Draft Cudie Plan illustrates area as residential multiple range of 6-10 units per area. 6. Existing or pending assessments or taxes on proposed park property: IAA 7. CASH PARK FEE? Not required because of land in lieu of cash. . 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: Multi family, apartments and community center opinion negati to more rental units. 9. Number of units in residential development? 126 Number of acres in the project?8.98 Special recreation spsce requirements: A tot lot should be provided with adeq capacity for 10-12 children. 10. STAFF RECOMMENDATIONS: Recommend approval as per Planning Staff Report of July /9/C) 11•1 .I, .. _ Riley- Purgatory Creek Watershed Distri 40. 8950 COUNTY ROAL 11�r~ EDEN PRAIRIE,MINNESOTA 5`. i' e t c July 13, 1978 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Anderson Lakes Apartments - The Preserve 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 District are applicable to this project. 1. In accordance with Section E (2) of the Riley-Purgatory Creek Water- shed District's Revised Rules and Regulations, a grading and land • alteration permit must be obtained from the District for this project. A detailed erosion control plan must be submitted to the District for review and approval. 2. Detailed storm sewer plans must be submitted to the District for review and approval. The District will require that settling and oil skimming be provided before storm water runoff is dis- charged to public waters. Thank you for the opportunity to comment on this development at an early stage. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, iiIcLAUJL Allan Gebhard BARR ENGINEERING CO. Engineers for the District AG/tn cc: Mr. Conrad Fiskness Mr. Frederick Richards Mr. Lee Johnson i- yi Richard M. Santino 8655 Windward Cr. Eden Prairie, Mn. 55344 941-7791 • • • June 20, 1978 • City of Eden Prairie Hennepin County, Minn. Gentlemen: • Lot 2, Block 1, Outlot A, Preserve Center Addition Business scheduling will not permit me to attend the public meeting involving the rezoning of the above mentioned property. In lieu of my physical presence, I wculd appreciate it if the contents of this letter be read at the public hearing. As so often happens in planned communities initial plans are drawn and approvals granted in a manner which will least upset local residents. After the community has been started rezoning petitions take away the beauty and amenities which persuaded people to settle in that community. As I see it, the Preserve is falling into this mode. If you read Preserve literature or walk into the Preserve Center you will immediately get the ir.;pres::ion that the Preserve stands for preserving nature in its natural habitat. Gentlemen, if the Preserve wanted this section of land to be zoned for rental unit apartments it should have done so when the initial community was approved. If you continue to allow outlots and rural zoned areas of the Preserve to be rezoned for high density living; the whole concept of the Preserve and its theme of living with nature will be destroyed. My family and I request a "NO" vote on this proposal. Sinly, /G� Richard M. Santino tpproved Planning Commission Minutes -3- July 10, 1978 Mrs. Sheppard, 14242 Chestnut Drive, expressed opposition to the site being developed as industrial or multiple. Motion: lynch moved, Bearman seconded, to recommend to the City Council rezoning of the CPT site from Rural to I-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 Martinson abstaining. 6 MEMBERS PRESENT REDPATH ABSENT C. Anderson takes Parkway Apartments, request by The Preserve for rezoning from Rural to RM 2.5 for 126 rental apartment units on approximately 9 acres located south of Anderson Lakes Parkway and west of Center Way. Continued from June 26, 1978. The Planner referred the Commission to the staff report and stateHd ththe staff ff is recommending approval contingent upon the items in the report. d request is consistent with the Preserve PUD. Levitt inquired if apartments or condominiums were originally outlined in the PUD. The Planner replied the site was conceptually approved for a density of 10-40 units/acre with no unit type . ( Doug Moe, Doug Moe Architects, stated they have no disagreements with the staff report and will submit the necessary items requested. Martinson asked if the building would be of masonry construction. Mr. Moe replied the building would have a concrete block basement with brick veneer above. Motion: Lynch moved, Retterath seconded, to recommend to the City Council approval of the Anderson Lakes Parkway Apartments rezoning from Rural to RM 2.5 for 126 apart ments based upon the staff report of July 5, 1978 and the plan dated June 19, 197 Motion carried unanimously. • I`)ti 3 approved Planning Commission Minutes -5- June 26, 1978 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, MTS , stated the starting times and quitting times of MTS and CPT would not be the same. He supported the request by CPT. Motion Lynch moved, Redpath seconded, to continue the request to July 10th for a staff report. Motion carried unanimously. 4 MEMBERS PRESENT, RETTERATH & BEARMAN ABSENT B. Anderson Lakes Parkway Apartments, The Preserve, request for rezoning from Rural to RM 2.5 for 126 rental apartment units on approximately 9 acres locate( South of Anderson Lakes Parkway and West of Center Way. �I Mr. Doug Moe, Doug Moe Architects , outlined the apartment site location, proximity to recreational uses, and unit breakdown of : 3 bedroom units rent of $475, 2 bedroom units rent oft395, 1 bedroom units rent of $310, and studios. with rent of $245. Lynch inquired when the•parkway in this location of the City would be up to parkway standards. The Planner replied probably not until the traffic warrants upgrading to 4 lanes. Motion: Redpath moved, Lynch seconded, to continue the request to July 10th for a staff report. Motion carried unanimously. • STAFF REPORT TO: Planning Commission FROM: Chris Enger, Planning Director Jean Johnson, Planning Assistant • DATE: July 5, 1978 PROJECT: ANDERSON LAKES PARKWAY APARTMENTS APPLICANT: The Preserve REQUEST: Rezoning from Rural to RM 2.5 for 8.98 acres (14 units/acre) BACKGROUND 1970 The Preserve 70-PUD-03 depicted this site as medium-high density,10-40 units/acre, residential. 1976-May In May, 1976 The Preserve applied for rezoning from Rural to RM 2.5 for 129 rental apartments under a HUD 221-D-4 Program for low and moderate income subsidized rental. The request was denied by the Council at the July13,'76 Meeting ( see attached minutes). 1976-October In October, 1976, The Preserve reapplied for rezoning from Rural to RM 2.5 for 129 rental apartment units under a HUD 221-D-3 Program (mortgage commit- ment from HUD, 50r real estate abatement which is to be applied to further reducement of tenant's rents). The following action was taken at the Council's meeting of December 14, 1976: "Close the public hearing and that the Council not consider the • request for reconsideration of the rezoning of the East/West Apartments from Rural to RM 2.5 on 8.98 acres for 129 rental units as it is the Council's determination that no substantial new information has been presented on the project. Motion carried 3:2 . I978-June the present request is for rezoning from Rural to RM 2.5 for 126 market rate rental apartments. % ,f Staff Report-Anderson Lakes Parkway Apt -2- July 5, 1978 LOCATION MAP �l Y �1�`t' G'.'� Y201` '` r tt�lindslope � '4�' 251 U91 , -I3 (:, ✓✓-[[�.--1 1 Fraser Home t-., 8 ., 1 Rm.2R _±..2m r;vb. :0 `c }}��I'r�U ,.. _ tlassroods; ,4- �) I 18 9 , Y' j—i 1 e 11'J 1151�n .' 75 1 -li i t FP .R1r�2 J 1 --. - c' ' '�� j `K.::t......:..., _ _ ` � Jonathan T ��/\� ` arn s 1os • 295 T 2 PRK • dgew ol5 ' '.;^6 s ' t et,c A.. t 770,_ex c aa. LAND USE The current use of the land is for a horse pasture/paddock area which connects to the Preserve Horse Barn to the southeast. To the east of the site is the Preserve Center with future additional uses of apartments. To the south is Neill Lake. Bordering the project on thenorth is Anderson Lakes Parkway and future apartment and/or commercial-office, and a churcn site. Across Anderson Lakes Parkway are two existing multip% projects: 168 units of subsidized apartments ( Nindslope ), and the 3 Fraser Homes for the mentally retarded. Immediately to the west is an approximate 5 acre site zoned RM 6.5 for townhouses. The site was approved in 1972, the applicant was Jonathan Housing Corporation, and todate no construction has begun. The size of this parcel has been changed from the original Preserve PUD. The area shown to the north and east of the site has been shaved off. It is important to know what the plans are for this site . Access to this parcel shall not be taken directly from Anderson Lakes Parkway. The Preserve's original PUD was based upon a balance of housing type, style, and income levels. The inclusion of housing such as that proposed is impor- tant to the housing mix to allow a choice of housing opportunity. One of the original concepts of the PUD was to place higher densities in close proximity to services and amenities. This is why densities increase closer to Neill Lake and The Preserve Center, and also closer to the Major Center Area. ZONING REQUEST the Preserve's request to rezone this site from Rural to RM 2.5 ( no variances requested), is consistent with the Preserve PUD. The 1968 Guide Plan shows single family for this site, but the 1970 Preserve PUD amended the '68 Guide Plan and designates the site as multiple. • The Draft 1978 Guide Plan illustrates this area as residential multiple , range of 6-10 units/acre. I)r,y Staff Report-Anderson Lakes Parkway Apts -3- July 5, 1978 TRANSPORTATION The project's main access is north to Anderson Lakes Parkway, approximately 500 feet from the temporary dead-end. Alternate access is shown to the east through The Preserve Center which also feeds to Anderson Lakes Parkway. Anderson Lakes Parkway is a major collector , presently 2 lanes of traffic, but with potential expansion to 4 lanes when warranted. Traffic counts conducted in October, 1977 indicate 823 Average Oaily Trips ( ADT ) on Anderson Lakes Parkway immediately in front of this proposed site, and 2,124 AOT on Anderson • Lakes Parkway just west of Franlo Road's intersection. If an estimate of 40 units is made of units constructed and occupied since October, 1977, it can • be estimated that 863 AOT are presently occurring at the first traffic count location, and 2,364 ADT are occurring at the second traffic count location. Presently Anderson Lakes Parkway has the capacity to handle approximately 6,000 ADT. When it is improved to a four lane collector it is foreseen to handle 10,000+ ADT. The 126 apartment units could add 1,008 AOT. The parkway is anticipated to connect through to US 169 in 1979 under the City's current road system proposal. The existing parkway has limited access all along it at this point. No individual driveways back out on it. This factor, and the design criteria of 28 foot width with no parking allowed may enable this half of the parkway to function smoothly for years until an upgrading is necessary. However, the ultimate design of the road through this area is a 4 lane divided parkway which would preclude a full access to it from this project at some future time. The alternate access through the Preserve Center Area is therefore very necessary. We do have 100 feet of right-of-way for the parkway at this time. TRAILS As outlined in The Preserve's comnunication of June 9, 1978, the pedestrian pathway through this site will connect The Preserve Center with the uses on the north side of Anderson Lakes Parkway of : Windslope, Fraser Homes, etc.. through the use of an underpass under Anderson Lakes Parkway. It is assumed that this trail will be consistent with existing pathways The Preserve has constructed todate. However, if The Preserve Association is to maintain this trail it should be dedicated to them in the form of an outlot or through a dedicated easement. CASH PARK FEE The project will not be assessed the cash park fee because of previous land in lieu of cash negotiated between The Preserve and City. fi Staff Report-Anderson Lakes Parkway Apts. -4- July 5, 1978 TOTLOT With 48 of the 126 units being 2 and 3 bedroom units, care must be taken to provide a totlot with an adequate capacity for 10-20 children at one time. SITE PLAN Grading The grading on the south end of the site is being modified slightly to accommo . date the parking.There pill be a 6-10 foot bank occurring on the north side of this parking. Many of the trees shown on the plan as being saved in this area will be lost due to change in grade. This is also true of the grading to be done on the west upper central border of the site. Trees represented as being saved will be lost. The grade on the sidewalks on the interior of the project increases tower 10% as the walks cross the slope toward the southern parking area. Step: sI:ild be considered in these locations to eliminate a potentially hazardous winter problem. Drainage The majority of the parking lot area and the entire northern half of the site flows toward the drainage pond. No information was given as to how the roof top drainage is being handled. Water from the drainage pond is represented as flowing overland the majority of the distance to Neill Lake. At one time theproponent was interested in augmenting the flow throughthis swale, to produce a constant stream with the existing well. It is not clear what the current intent is. however, since the swale will ultimately be under two separate ownerships the City staff would usggest that this drainage be put in a pipe if the flow is expected to exceed (1) one cubic foot/second. A more complete storm sewer plan must be submitted to the Engineering Department. Parking Ordinance N141 requires 2 parking spaces per dwelling unit with at least (1) one enclosed. The site plan does meet this requirement. At grade parking is used largely for visitor and second vehicle parking. The parking is distributed disproportionately to the north and east units, with a rather long walk occurring for people living in the western building. Staff Report-Anderson Lakes Parkway Apts. -5- July 5, 1978 Landscaping and Screening A very general landscape plan has been submitted. Prior to a building permit being issued a detailed planting plan must be submitted to the Planning Department which illustrates complete screening of the parking areas from differing adjacent land uses and public streets. Also, included as a part of this plan, overstory tree planting should be placed to buffer theparking from the apartment units. Much of the screening could be done most efficiently through proper grading. Any mechanical equipment expected to be placed on the roof tops must be screened by parapet walls. RECOMMENDATIONS The Planning Staff recommends the Planning Commission recommend approval of the request for rezoning from Rural to RM 2.5 for 8.98 acres for 126 units subject to the following items: 1. Access to Anderson Lakes Parkway be given with the understanding that it may be limited to right-in/right-out only in the future. 2. Final grading shall incorporate retaining walls and grading revisions to preserve the trees along the west edge of the site and the trees in the southern portion of the site. 3. A drainage plan showing culverts, catch basins, and storm sewer locations and sizes be submitted to the Watershed District and the City Engineering Department prior to Council review. 4. A detailed landscape plan must be submitted for review and approval prior to building permit issuance. 5. A trail easement shall be dedicated to The Preserve Homeowner's Association, for the trail leading from the Anderson Lakes Parkway underpass to the eastern boundary. This trail shall have right of public use. 6. The access drive to the east must be reviewed by the City Engineering Department for its acceptability for dedication. If acceptable , it should be dedicated. 7. The proposed totlot structure design must be submited for review and approval as a part of the landscape plan. 8. Grades on walks shall not exceed 10%. 9. Overflow from the drainage pond to Neill Lake shall be carried in a properly sized storm sewer pipe. 10. Positive drainage away from the pedestrian underpass must be illustrated in the final grading plan. CE:jj Council Minutes - 2 - Tees.,July 13, 1976 A. East/Wrst Parkway Apartments, The Preserve, request to rezone approximately 9 acre site to PM 2.5 for 129 rental apartments. • Mr. William Bale, 315 Peavey Building,•loyal counsel for The Preserve, spoke to his communications dated 7/8/76 and 7/9/76 on the Last/West Pkwy.Apts., and communication dated July 13, 1976 on the status of the Windslope project. (See attached). Mr. Bale answered questions of Council members. Rosemary Dysinger, 15613 Lund Drive, questioned Mr. Bale's mention of$5,C00 to the City and asked what would happen as far as taxes to schools. Mr. Bale • replied that if East/West Apartments were approved by the City Council as a 221-•D-3 project, It would have a negative impact on the School District of $4,415.38 a year. Neill Lake Apartments would have a positive impact on the. School District of $3,622.32. The two together would mean a negative impact of approximately $800.00. • !; The following residents of The Preserve spoke in opposition to the East/Wect Parkway Apartments: Robert Cerlson, 9061 Neill Lake Road, Michael • 4, Sankey,10745 Ficldcazst Road, John Bergin, 6705 Bentwood Drive, Barb Skogland, 'KI740 Fieldcrest Road, and Jim Mars, 10700 Lake Fall Drive. a . • The consensus of The Preserve residents present seemed to be that The Preserve. ,' management was not living up to what they had promised, particularly the promise that there would be no rental apartments in The Preserve. A. MOTION: Pauly moved, seconded by Penzel, to deny the request of The Preserve to rezone the East/`lest Apartments, a 221-D-3 project, for the following reasons: l)Recnterendation for denial by the Planning Commission at their teeeting a held May 24, 1976, and 2) Letter from Phil Riveness of the coitte Hennepin '';r::, a. Services Council dated June 22, 1976. Pauly. Penzel, Meyers and Pierre voted "aye", Bye voted "nay". Motion carried. MOTION: Pierce moved, seconded by Pauly, to approve the Fast/Vilest 1pattmarte g. prefect based on IIL'L 221-D-4 financing and that the matter go back to he `4 Planning Commission for their reecenn,andation. Motion failed unanimously. (It wan the consensus of the Council to vote down tiro motion as The )'reserve ' had not request:d the East/West Apartments to he classified as a 221-D-4 project). i B. I_ C`51-293, ilitemi�t_lue Surfacing an Eden Prairie Road from County Road 1 to trp_ac»ionet elyit00 feet notch of T.11. 169-212_ City Engineer Jullic s1•oke to Resolution No. 1159 and recommended approval of same. An assessment would be levied at a rate of $1.00 per abutting toot over a three year pettod at ill interest, or the total may h; paid in full. Mr. Jullic noted that his rcconuacudation include a larger area than originally 1 c.tit+erred for by residents on the south end i,t taieu Prairie Road. (Petition on file at City Hall, adman with a ;utter from Edwaid l tank representing hlmsaif and Mr. Charlson dated July 7, 1926, in favor of improvement as stated above). Mr. gaol-::on, 9R00 Edon Prairie Road, not on any petition, spoke in favor of the •.1 11 twllru V:'Itlt•Lt. ,1. )r t. � d t/ • South Hen ;pin Human Services Cc icil • 6401 France Avenue South • Edina,Minnesota 55435 Phone 9201194 Serving: Bloomington Eden Prairie Edina Richfield June 22, 1976 • Mr. Wolfgang Penzel, Mayor City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, Minn. 55343 Dear Mayor Penzel: At its June 16, 1976 Board Meeting, the South Hennepin Human Services Council • reviewed the East/West Parkway Apartment's request to develop 129 rental apartments in the Preserve. The SHHSC wishes to commend the City of Eden Prairie for their efforts in ,r' meeting their 1975 housing Assistance Plan goals. Eden Prairie has provided leadership and demonstrated great concern in the area of subsidized housing for low and moderate income families, and will hopefully continue this positive stance as the City continues to develop in future years. The SHHSC, however, does feel that the current proposal, at this time, may constitute an excessive concentration of subsidized housing and may have some negative ramifications if approved. The issue of excessive concentration in the Preserve, is itself a valid reason for a careful consideration of this proposal. Although the Preserve's philosophy has consistently been to provide a positive living environment for persons from a variety of backgrounds and income groups, the current proposal could result in a "tipping" of the char- acter of the Preserve to the extent that it loses its heterogeneous flavor. The SHHSC also considered the impact of the current proposal on certain support • services that would need to be generated. These services would probably in- elude day care, social services, financial services, recreation, transportation, etc. Although significant progress has been, and is being made, to provide services to meet the unique needs of the residents of Briarhill, and the antici- pated needs of the residents of Windslope, additional pressure on such services may constitute an excessive burden on their development, at this time. Our recent survey of the status of subsidized housing in Edina Bloomington. and Richfield indicates significant progress in the entire South Hennepin area. Although we concur that the current reservations regarding this proposed pro- ject arc valid, we nonetheless encourage Eden Prairie to maintain its leader- A ship role in this regard, in the future. Sincerely, Cr.„.4(l; ,;c g4 t,�✓ Philli J Riveness Executive Director pta•ih 1' 1 • • • • . y • spproved Planning Commission Minutes -4- May 24, 1976 • PETITIONS AND REQUESTS. A. East/West Parkway Apartments , The Preserve . Request to rezone an approximate 9 acre site to RM 2.5 for 129 rental apartments. The site is west of the Preserve Center on the East/West Parkway . • • • i•ir. Sawhill representing Land Tech,sponsers of the project, said the project was a 221 D 3 FHA project authorized under the amended National Housing Act. Mr. Putnam asked Mr. Sawhill if the project was a subsidized project for low and C moderate income families. Mr. Sawhill responded that the name of the HUD program • HUD is the Program for Low and Moderate and Elderly Incomes, but Land Tech is not requesting Section 8 funding for subsidized rents. • ,nning Commission Minutes -S- ft1tp1QXCd1976 f: .4r. Putnam explained to the Planning Commission provisions of the 221 0 3 • as follows: 1. A reduced interest rate to 71,2% sponsored by !IUD to the developer. • 2. A restriction on the amount of profit the developer can make per year on the project. 3. That the units would fall within a rent guideline established for Minneapolis and St. Paul for Section 8 units. •;` 4. That the developer must sign a regulatory agreement with HUD for the program. • S. That the City of Eden Prairie School District and Hennepin County would reduce taxes to the project by 1/2 identical to Briarhill ( 236 ) r. and Windslope ( Section 8 ). The planner felt that under the 221 D 3 program, because it was a program for low and moderate income families , HUD would prefer low and moderate income ;j families The planner noted that Eden Prairie has approved 2 projects for low and moderate income families,one of which is built I ( Briarhill, 126 units ) and one approved but not yet built ( Windslope.168 units). .•• He stated both projects arc approved for market rate low and moderate and rent supplement units, therefore, the total units available for low and moderate income families would be around 300 units or lob of the City's housing stock. In Eden Prairie's Housing Assistance Plan submitted in the Hennepin nnepin County yPCommunitysted Development Grant applicatior approved by the Metro , r '* ' its.housing goals for the next three years as follows: . "The city lists ..o first-year goals for :..derally subsidized housing. ,I It has listed as its three-year goal its pro-rata share based upon the Allocation Plan's guide percentage. However, this city now . has greater than 10 percent of its units as subsidized housing. Under 1HUD's guidelines, the county is bound to prevent overconcentration of subsidized housing. Eden Prairie's three-year "pro-rata-share" _.; goals are listed. But, it is the strong feeling of both the city and county that the current amount of subsidized housing available in I the city represents already an overconcentration of federally- subsidized housing. During the upcoming program year, the county . will look at the problem of overconcentration closely. It is quite possible that the county will support further temporary elimination of federally subsidized housing beyond the current years. Thus, the city's plan and program arc adequate and realistic, given its peculiar :• ! ' situation. " 1 t The.nl:,nner then further stated that the Metropolitan Council Human Resource Committee at their May Ilth review of the }lousing Assistance Plan for Hennepin i County and the City of Eden Prairie,commcnted as follows: "The following communities should tie commended for meeting or making meaningful efforts towards fulfilling their 1975 Horsing Assistance • Plan goals : (Brooklyn Park, Eden Prairie . . . • }• Housing Assistance Plan Comnwnity Development Block Grant Program Urban Hennepin County, 1976, • l993 f • • approved• ,,. :�ming Commission Minutes -6- May 24, 1976 ^ is ' The Planning Commission questioned why the low and moderate income project was 1 • proposed across the street from Windslope. Mr. Sawhill responded that they did not intend to rent the project under the low and moderate income provisions and that it would be a cut above the Windslope project and slightly below the Neill Lake Apartment project. t Mr. Carlson said that this was another indication of how the developers of The i Preserve have broken faith with the residents by proposing subsidized housing . directly across the street from an existing subsidized project. 'Motion: Schee moved, Lynch seconded, to recommend to the City Council denial of the rezoning application from Rural to RM 2.5 for the East/West Parkway Apartments proposed by The Preserve and Land Tech for the following reasons: 1. That the East / West Parkway Apartments of 129 rental units financed under the 221 D 3 HUD program requires rental to low and moderate income families and elderly. 2. That the site is located across the street from the previously approved Windslope 236 project for 168 units and currently is being considered for Section 8 funding. 3. That the construction of the East/West Parkway Apartments and the • Windslope project would lead to an over concentration of low and moderate income units within 1 planning sector of Eden Prairie. 4. That the 129 unit proposal is inconsistent with the City Council approved Housing Assistance Plan submitted with the Community Development ;,.:t Grant with Hennepin County for 1976,and is incon- sistent with the Metropolitan Council's Regional Housing Goals. The motion carried unanimously. . VI OLD BUSINESS. none VII . NEW BUSINESS. none • ' :III . PLANNER'S REPORT. A.Homeo:.ncr Associations. The planner indicated that a report outlining the areas of concerns would be prepared for the next meeting. IX. ADJOURNMENT. Lynch moved, Fosnocht seconded, to adjourn at 11:45 PM. The motion carried unanimously. 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CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 78-142 aS A RESOLUTION IN SUPPORT OF THE BACHMAN/ANDERSON ;:a, OFFICE DEVELOPMENT PROPOSAL NORTH 4.: OF ANDERSON LAKES WHEREAS, the City of Eden Prairie did receive an application r1 for rezoning from Public and Rural Zoning to Office District from Bachman/Anderson for approximately 12 acres of land located south of West 78th Street, west and adjacent to the Eden Prairie/Bloomington ' Boundary and north of Anderson Lakes, dated April 10, 1978, and ).41 WHEREAS, the Planning Commission reviewed the proposal on March 27 and April 10, 1978 and found it consistent with the 1968 Comprehensive Guide Plan, and the Major Center Area Planned Unit Development, and did recommend approval of the proposal dated April 10, 1978 , according to the staff recommendations dated April 6, 1978, ,. and WHEREAS, the Parks, Recreation and Natural Resources Commission reviewed the proposal on April 17, 1978 and found it consistent with: the guidelines of the Shoreland Management Act, the approved LAWCON A. Anderson Lakes Master Plan dated July 1, 1975 , the Blacklock Study "The Best of Two Worlds", the City Floodplain Ordinance (#276), and 1. requirements of MEQC 24, and did recommend approval of the proposal dated April 10, 1978 according to the staff recommendations dated April 6, 1978, and WHEREAS, the Nine Mile Creek Watershed District is charged with the responsibility and authority of protecting the public health, safety, ' ; and welfare, natural assests and resources of the district, and WHEREAS, the Nine Mile Creek Watershed District Board of Managers 1 did review this proposal on April 19,1978 and gave approval for a grading qq permit subject to staff recommendations dated April 6 , 1978, and #' i WHEREAS, in order to best protect the shoreline and wildlife habitat along Anderson Lakes, Bachman/Anderson is donating all lands below the 850 contour to the City to be preserved in its natural state, and 1 J Resolution 78-142 page 2 WHEREAS, recommendations from the Planning Commissionand iS Parks, Recreation and Natural Resources Commission, for approval of the proposal were received by the City Council, and proper legal notification of a public hearing were given prior to a public hearing to consider the rezoning of the property before the City Council, and WHEREAS, said legal public hearing was held before the City Council on May 16, 1978, and WHEREAS, after receiving recommendations, listening to lengthy testimony, and giving proper and deliberate consideration, the City Council did vote unanimously to rezone from Public and Rural to Office District the Bachman/Anderson site by adopting Ordinance 78-26, first read on May 16, 1978 and second read on June 7, 1978 , and duly published on June 22, 1978 in the official city paper. NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie as follows: 1. The Bachman/Anderson proposal as approved is in compliance with all city plans and policies. 2. The development of the Bachman/Anderson site will contribute toward the necessary and orderly growth of the City. 3. The donation of land below the 850 contour to the City will assure protection and preservation of the lakeshore and wildlife habitat. 4. The development will eliminate the erosion problems presently occurring on the site being caused by motor cycles and mini- bikes. 5. The development will eliminate physical intrusion of people on the sensitive lakeshore. 6. The development will be in the public benefit by providing a pleasing waking environment, help to contribute to a sound tax base, contribute money toward the parks fund, and donate land to add to Anderson Lakes Regional Park. Resolution 78-142 page 3 • BE IT FURTHER RESOLVED, that the City Council of Eden Prairie does support the Bachman/Anderson proposal and strongly urges the Environmental Quality Board to give careful consideration toward the above items in their deliberation regarding the determination of the need for an Environmental Impact Statement. ADOPTED, by the City Council of Eden Prairie this day of , 1978. • Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL August 10, 1978 • TO: Members of the Eden Prairie Council; We, the undersigned residents of the Preserve, oppose any development of the portion of land adjacent to the Preserve Center, now housing the horse stable, paddock and ring. We feel it adds immensely to the character and feeling of our community and is a visual joy for all. The attached map was given to new and potential Preserve residents as recently as last year, and from time to time on display at the Preserve Center, show the stables and ring on the map and therefore imply them to be permanent fixtures. We feel the stables wore a large part of our inducement to buy and,and in several cases, people bought houses here specifically for that reason as they own their own horses. Even those families that have never ridden horses find the stables enjoyable-as an outing for children and themselves. 'vie feel, as such, the developer has an obligation to leave them as is. We feel it would make too dense a population in that area for more apartments to be added. We want the stables, ring, and paddock to remain as they are, an important visual and recreational part of our country community. 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Trolls TowMNrras is1,10. 8920Franlogoad <1o'! - . Eden Praule M nhlesota 55343 �________ • NY OFFICES/695D EDEN PRAIRIE RDAD/EDEN PRAIRIE,MINNESOTA 55344/TELEPHONE t612)941-2262 Gd _if. c. July 28, 1978 Steve Lepinski The Storefront 7145 Harriet Ave. S. Richfield, MN 55423 Dear Steve, Thank you for taking time to discuss the concept of Storefront's youth program with the Eden Prairie Human Rights and Services Corn- mission on July 10. • As a result of the information you presented to us, as well as information from Executive Director Russ Stricker from South Hennepin Human Services Council, Public Safety Officers Tyson and Geiger, and Jean Anderson from Eden Prairie School District, the Commission endorses your program wholeheartedly, but will not be recommending direct financial support from 4_1.3 City. The Commission encourages you to seek funds from other sources within the community. Financial support from the City would create a precedent for possible requests from some of the many other agencies and groups • also being used for referrals and counseling. City funds are not now available for such requests. It was also felt that because of the community's increasing population, there would be more need for • City assistance in the future in order to maintain and provide such services. Sincerely, •.✓.GLi ec A�., Qtt ,iCLL.� Chairman Eden Prairie Human Rights and Services Commission DL:bj CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-143 BE IT RESOLVED by the City Council of the City of Eden Prairie, the following persons have agreed to serve as election judges and are hereby appointed for the Primary Election, September 12, 1978. *Indicates precinct chairperson. Precinct I King of Glory Lutheran Church Rosemary Dysinger )5613 North Lund 938-4836 Loretta Ellison * 16920 South Shore Lane 938-6520 Marcie Kehr 15804 South Eden Drive 938-3755 Helen Schoeneck 16950 North Manor 933-2129 Precinct II Immanuel Lutheran Church Barbara Eigen 7701 Meadow Lane 941-3631 Katherine Koski 7664 Superior 941-8754 Jeanne Martinson 7312 E. Franklin Circle 941-3214 Mary Upton * 16163 Edenwood Drive 941-2851 • Precinct III Forest Hills Schools au a Barman a ey iew oad 941-3189 Joanne Carlin 6890 Canterbury Lane 941-6690 Rae Gardner 7032 Willow Creek Road 944-1842 Doris Johnson * 14315 Crown Drive 941-2039 Precinct IV Eden Prairie Methodist Church Virginia Gartner 15701 Cedar Ridge Road 941-1803 Ginny Gibson * 15737 Cedar Ridge Road 941-1624 Shirley Jellison 9560 Highview Drive 445-2650 Evelyn Rogers 9100 Eden Prairie Road 941-4776 Precinct V Eden Prairie Presbyterian Church Mi dred C ark 8779 Basswood 941-3269 Janet Clifton 14323 Fairway Drive 941-7194 Sharon Lynch * 11426 Leona Road 941-2792 Barbara Vanderploeg ' 8735 Leeward Circle 941-5363 Precinct VI South Suburban Hennepin County Vo Tech Jean Reiciow 1050T—Pioneer Trail 941-4054 Virginia Schmitz 11555 Sunnybrook Road 941-2359 Edna Walker * 8952 C Neill Lake Road 941-6479 Lorraine Weis 9146 Neill Lake Road 941-3713 .2Z/3 . Page 2 Resolution 78-143 Counting Center / Absentee Ballot Precinct Cit Hall Jane Rohe 159D3 North Eden Drive 938 5917 Sharon Levitt 8406 Hiawatha Avenue 944-1300 ADOPTED by the Eden Prairie City Council this day of August, 1978. Woldgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL RAP CPT Corporation - CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-38 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 fpllowing described property, ! as set forth in Exhibit A attached, a shall be and hereby is removed from the Rural District and shall #' be included hereafter in the I-5 Park 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 '"' CPT Corporation, 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 tLe City of Eden Prairie relating to the I-5 Park 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 Join D.fcane, City Clerk Published in the Eden Prairie News on the day of _ _,1978. , 4 of Section That part of the East 1/2 of the of a/line drawn from,a Township 116, Range 22, lying Southerly point on the East line of the Northeast 1/4 of said Section which is distant 1106.5 feet North along said East line hffrom tthe iSSouth- east corner of said Northeast 1/4 to a point e of the East 1/2 of said Northeast 1/4 which siscd distant str tfg53.5.5 feet North along said West line frail the Southwest East 1/2, according to the U.S. Government Survey thereof. EXHIBIT A, CPT Corporation C. P. T. Corporation 8/11/78 ,. DEVELOPER' S AGREEMENT THIS AGREEMENT, made and entered into in triplicate this day of , 1978 by and between CPT Corporation, a minnesota corporation, hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a v. municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City for rezoning of approximately ', 30 acres from Rural to I-5 Park for land more fully described in Exhibit A } attached hereto and hereafter referred to as "the property", WHEREAS, Owner desires to develop the property as a corporation headquarters office, assembly and warehouse facility. NOW THEREFORE, this Agreement witnesseth that for and in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance #78-38 changing the zoning from Rural to I-5 Park, Owner covenants and agrees to construction, development, and maintenance of 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 August 1, 1978 meeting attached hereto as Exhibit 8 and dated June. 1978 as amended by this agreement. 3. Owner shall not build, construct or make any future improvements upon the property without approval of the City Council and Planning Commission. Consideration of owner's request for approval from the City Council shall be at a public hearing, Agreement-CPT Corporation page 2 • 4. Owner shall submit a detailed landscaping and screening plan to the City Planning Department for review and approval prior to building permit issuance. The plan shall include, but not be limited to, screening of parking #. areas from differing adjacent land uses and public streets, and screening of building and loading areas from differing adjacent land uses and public streets. Also, the plan shall contain evergreen plant material and shall be consistent with Ordinance 178. The building to be constructed shall be faced with brick on all sides as outlined in Exhibit B. 5. Owner shall place the building at an elevation which does not allow visibility of tne top of the roof from surrounding residential uses. If parapet walls are used they may not exceed 4 feet in height above the main structure. 6. Owner shalluse access to Scenic Heights Road as a visitor and executive entrance. The parking lot for the Scenic HeightsRoad access shall not exceed 30 parking stalls and shall not provide access for additional parking. 7. Future access to the --rthwestern portion of the property shall be from the proposed Mitchell Road access or through an easement to Mitchell Road situated northerly of the property. 8. Owner agrees to pay for or construct a sidewalk of 5 feet wide 5 inches deep concrete along the west side of Mitchell Road when the City deems the improvement necessary. g. Dwner shall pay cash park fee as per Ordinance 332, $12D0/acre x 30 acres = $36,000.00, payable at the time of building permit issuance. 10. Owner shall install parking lot lighting not to exceed 20 feet 1 in height and oriented away from residential areas. 11. Owner shali'attempt to accommodate the Highway 212 Corridor. lla. Owner shall convey to the City 7 (seven) feet of right-of-way along Mitchell Road at time of building permit issuance. Agreement-CPT Corporation page 3 12. Owner shall obtain a grading and land alteration. permit from the Riley Purgatory Creek Watershed District. . An erosion control plan must accompany the permit application and also be approved. A detailed storm sewer plan must be submitted to the Watershed District for review and approval. If the ponding area is public waters, settling and oil skimming must be provided prior to the r' discharge of storm water to the ponding area '>' according to Watershed District and City Engineer reconnendations. 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 submitted to the rj 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 ouilt 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. 14. Owner shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. y' 15. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accor- dance 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, and other encumbrances, except . . . : -3 • - Agreement - CPT Corporation page 4 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EVEN 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. a: COUNTY OF HENNEPIN) 4' The foregoing instrument was acknowledged before me this day of , Ar 1978 by Wolfgang H. Penzel, the Mayor and by Roger K. Ulstad, city manager A'. of the City of Eden Prairie, a minnesota municipal corporation on behalf ;; of the corporation. `1 • Notary Public -4: • ;. CPT CORPORATION, a minnesota corporation of the State of Minnesota BY:__ (--1 /(1�A 1..e j=,C�_— Its ,eY'e/1-G\; t V ! BY: 7? 7 ,.,,�' . Its Se,,-'to/ { The foregoing instrument was acknowledged before me this //27 day of ' _J 7 , 1978 by -Pak. r, Sc G.p ff the /,--ef' 0- .4 , and by X�•0• k-�,,fJQ,-, the ��c '�uvy on behalf of said Owner. __4(.41/, � a' :i' Notary Public/ J. BEVERLY J.BENDELL ;G9,1!t' NOTARY PUSLIC•MINNESOTA HENNEPIN COUNTY her Comnowon Expo.D,a l/9e4 4 1 1: ZAP Creekside Heights CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-37 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 I-2 Park District and shall be included hereafter in the R1-13.5 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 I-2 Park 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 PIONEER PARTNERS, a Minnesota corporation, and the City of Eden Prairie, which Agree- ment is hereby made a part hereof and shall further be subject to all 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 passa;;: and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1978, and �J��o ZAP Creekside Page Two Heights 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. y,l)I • Parcel 1 , to be rezoned from Rural and I-2 Park to R1-13.5 • Tract C, REGISTERED LAND SURVEY No. 791, Hennepin County, Minnesota. ALSO That part of Tract B, REGISTERED LAND SURVEY No. 791 and that part of the East half of the Northeast quarter of Section 27, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Tract C; thence easterly and southerly along the northerly and easterly lines of said Tract C, to the southeast corner of said Tract C; thence easterly along the centerline of Hennepin County Highway Plat No. 6, County State Aid Highway No. 1, a distance of 322.39 feet; thence North 2 degrees 30 minutes West, 360.00 feet, assuming the east line of said Tract B to having a bearing of North; thence North 25 degrees West, 185.00 feet; thence North 66 degrees West 145.00 feet; thence southwesterly ' to the intersection of the centerline of U.S. Highway No. 169-212 with the northerly extension of the westerly line of said Tract C; thence southerly to the point of beginning. Parcel 2 , to be rezoned from Rural to I-2 Park That part of Tract B, REGISTERED LAND SURVEY No. 791, Hennepin County Minnesota, lying westerly of the west line of Tract C, said REGISTERED LAND SURVEY No. 791 and its northerly extension and which lies southerly of the following described line: Commencing at the northwest corner corner of said Tract C; thence on an assumed bearing of South along the west line of said Tract C a distance of 122.00 feet to the point of beginning; thence South 85 degrees West to the west line of said Tract B and said line there terminating. • EXHIBIT A Creekside Heights Creekside Heights 8/3/78 DEVELOPERS AGREEMENT THIS AGREEMENT, made and entered into in triplicate this day of _ , 1978 by and between PIONEER PARTNERS, 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 and I-2 Park to R1-13.5 and as described as parcel 1-on Exhibit A; and fray Rural to I-2 Park as described as parcel 2 on Exhibit A, all of which is attached hereto and from hereafter referred to as "the property", and WHEREAS, Owner desires to deve'^p property as 27 single family modest cost lots and 1 industrial lot. NOW THEREFORE , this Agreement witnesseth that for and in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance #78-37 changing the zoning from Rural and I-2 Park to R1-13.5 and I-2 Park, Owner consents and agrees to construction, development, and maintenance of said 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 August 1, 1978 Meeting attached hereto as Exhibit B and dated May 25, 1978, and as amended by this agreement:. 1 Agreement-Creekside Heights Page 2 3. Owner shall offer for sale and sell no less than six single family homes to be constructed on a portion of the property for less than $40,000: and the remainder of the single family homes to be constructed on a portion of the property for less than $50,000. 4. Owner shall, immediately after filing plat, deliver to the City a warranty deed conveying to City good and marketable title free and clear of all mortgages, liens, taxes, and assessments, the land described as Outlot A on Exhibit C, outlined in red, attached hereto. Owner shall file the warranty deed in the office of County Recorder or Registrar of Titles, and shall deliver to City a copy thereof with the filing date thereon. 5. Owner shall construct a 6 foot wide bituminous trail beginning at Creekview Circle and running northeasterly between lots 10 and 11, on a 10 foot wide area depicted as Outlot A in red on Exhibit C, to the point of intersection of the back lot lines of lots 10 and 11 , and from that point owner shall construct 6 foot wide steps, or a 6 foot wide blacktop trail (trail not to exceed 10% in grade) northerly to the 820 topographic contour, A totlot shall be constructed in the general location as shown in green on Exhibit C which shall contain swings, slides, climbing structures, acceptable in design and construction to the City Park and Recreation staff. Owner shall further construct a 6 foot wide limestone trail, 5 inches deep compacted from the totlot area to a bridge crossing Purgatory Creek as shown on Exhibit C. Said bridge to be designed and constructed by Owner subject to review and approval of City Park and Recreation staff. All trail, steps, totlot, and bridge construction shall be completed at time of site grading and utility construction. 6. According to Ordinance 332, the cash park fee shall be waived in lieu of the dedication of and construction of facilities described in paragraph 5 hereof.. This agreement shall not.imply_the waiver of cash park fee provisions of Ordinance 332 with_respect_of all other property. in_the Hustad_Office PUD. A.greeL,ent-Creeiside Heights page 3 7. Owner shall plat a 16 foot drive between lots 3 and 4, Block 2, as described in Exhibit C, to provide access to the existing single family lot of Mr. & Mrs. Leroy Peterson, Lot 2, Block 3. Approval of final plat shall be subject to conveyance immediately upon filing of plat of 16 foot drive to the owner of lot 2, block 3. Said plat to be consistent with City Engineering requirements. 8. Owner shall dedicate to Public a strip of the property, 10 feet wide, extending parallel with and adjacent to Co.Rd. 1 for trail and such other public purposes as shall be required by City. Dedication shall be included in final plat application. All assessments levied against the 10 feetrof property as shown in Exhibit C shall be paid in full by Owner prior to final plat approval. As an alternative to paying the assessments levied against the 10 feet, Owner may cause the amount thereof to be reassessed against all of the lots shown in Exhibit C and such other property contained Exhibit B of which City now or in the future shall own or hold and or possess any interest. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title to the dedication, transfer of conveyance of the real property or any interest as may be provided herein by Owner to City shall vest in City good and marketable title therein free and clear of any mortgages, liens or encumbrances. Owner shall rough grade in trail bed after utility construction is complete according to City Engineer requirements. 9. Owner must submit plans for utility shed construction and placement to the City Planning Department for review and approval prior to the second reading of the ordinance. Utility sheds must be erected with the house if a garage is not. 10. Owner agrees not to further subdivide, lot 2, block 3 as depicted on Exhibit C, which shall remain in Rural District zoning. 11. Owner agrees not to plat remaining acreage in the Hustad Office PUD area into similar sized small lots. 12. Owner shall obtain a grading and land alteration permit from the Riley Purgatory Creek Watershed District. An erosion control plan must accompany the permit application and also be approved. Agreement-Creekside Heights page 4 13. Owner shall submit a storm sewer plan to the City Engineering Dept. and Watershed District for review and approval. Consideration shall be given to carrying the discharge from the small ponding area to Purgatory Creek. Details of the ponding area must also be provided for review and approval. 14. Owner shall remove all diseased trees during initial grading of streets and utilities as per the City Forester's recommendations. 15. City , in order to provide opportunities for low and modest cost housing, grants the Owner the following variances from City ordinances pursuant to the provisions of Section 11, Ordinance 135 for the property described in Exhibit A as parcel 1 A. Owner may plat lots and construct single family residences thereon on that portion of the property exceeding the 2 units/ acre maximum of Ordinance 135 to the extent of 4.3 units/acre excluding from the computation the portion of property described as outlot A on Exhibit C, or in alternative 2.9 units/acre if the property described as outlot A on Exhibit C is included in the computation. B. Owner may final plat lots less than 13,500 square feet in size, but not less than 6,000 square feet. C. City grants Owner variance to allow lots not less than 52 feet wide at a point intersecting with the front of any home constructed thereon and shall be no less than 45 feet wide at intersection with street right - of - way line. D. City grants Owner the following setback variances from Ordinance 135: 1. front yard setback 20 feet 2. side yard setback 5 feet either side 3. rear yard setback 5 feet 16. The existing home of Mr. & Mrs. Leroy Peterson situated on lot 2, block 3, on Exhibit C, shall be connected to sewer and water at time of construction of the industrial building as provided in paragraph 17. • Agreement-Creekside Heights page 5 • • 17. Within 6 months of the date of this Agreement, Owner must commence construction of an approved industrial building on lot 1, Block 3, depicted on Exhibit C, in order to carry on his existing industrial use of the property. 18. Owner must submit a detailed landscaping and screening plan to the City Planning Department for review and approval showing screening of the industrial use on lot 1, block 3, from the surrounding single family homes prior to issuance of building permit. 19. The industrialilot will be subject to $1200/acre cash park fee • at time of building permit issuance. 20. The City Engineer's will be complied with and 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. Asbuilt drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifications shall also be delivered to the city engineer. The Owner also agrees to pay for all City fees required. The Owner, prior to final plat approval, shall provide bonding or an approved letter of credit covering the estimated construction cost, plus 20% for all street and/or utility system to be owned and maintained by the City. The City shall accept such street and/or utility system subject to recommen- dations of the City Engineer and a 2 year warranty backed by a bond or letter of credit in the amount of 25% of the construction cost for such system. 21. Owner shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. 22. If Owner fails to proceed in accordance with this Agreement within 24 months of the,date hereof and provide proof of filing in accor- dance with paragraph 21 herein, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. 23. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 24. Owner represents and warrants its owns fee title to the property free and clear of mortgages, liens or other encumbrances, except. . �f � . Agreement-Creeks:de Heights page 6 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 Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public • PION ER PARTNERS, a minnesota corporation of t e State of MMii ne ota/ Le Roy E. •i'eterson to BY: the The foregoing instrument.vs acknowledged before me this 1 day of aa, c.o 1978 by, j k Y.f&ern/ the and by i-7..-12) (e.e.l 1 ,} the S on behalf of said Owner. -_,,l_t_cd aie.„2--,._./ }NotaryPubl ic ELIZABETH A.RUSTAD 41 NOTARY PUBLIC•MINNESOTA .� HENNEPIN COUNTY %y Commission Expim.My 21.1083 • CONSENT TO BE BOUND The undersigned, Hustad Development Corporation, agrees to the provisions of the Agreement between PIONEER PARTNERS and the CITY OF EDEN PRAIRIE in consideration of City entering into agreement with Pioneer Partners and agrees to be bound to any provisions applicable to Hustad Development Corporation • HU TAD DEVELO ENT CORPORATION By: Ut BY: Its • • 202.9 Parcel I , to be rezoned from Rural and I-2 Park to R1-13.5 • Tract C, REGISTERED LAND SURVEY No. 791, Hennepin County, Minnesota. ALSO That part of Tract B, REGISTERED LAND SURVEY No. 791 and that part of the East half of the Northeast quarter of Section 27, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Tract C; thence easterly and southerly along the northerly and easterly lines of said Tract C, to the southeast corner of said Tract C; thence easterly along the centerline of Hennepin County Highway Plat No. 6, County State Aid Highway No. 1, a distance of 322.39 feet; thence North 2 degrees 3D minutes West, 360.00 feet, assuming the east line of said Tract B to having a bearing of North; thence North 25 degrees West, 185.00 feet; thence North 66 degrees West 145.00 feet; thence southwesterly to the intersection of the centerline of U.S. Highway No. 169-212 with the northerly extension of the westerly line of said Tract C; thence southerly to the point of beginning. parcel 2 , to be rezoned from Rural to I-2 Park That part of Tract B, REGISTERED LAND SURVEY No. 791, Hennepin County Minnesota, lying westerly of the west line of Tract C, said REGISTERED LAND SURVEY No. 791 and Its northerly extension and which lies southerly of the following described line: Commencing at the northwest corner corner of said Tract C; thence on an assumed bearing of South along the west line of said Tract C a distance of 122.00 feet to the point of beginning; thence South 85 degrees West to the west line of said Tract 8 and said line there terminating. EXHIBIT A Creekside Heights 2o30 • : / 1 1 .\ `/ r . . 4: :;74p, 7,..!3f_,.....,>,; \.i. .." .'l''..'.) Y/ #1)4,q \-4\'. g•'\ . • f / 10.. ‘7r, . • • ' 4,%7• .R$,,ii2;" 0 0 tity.•.-4,,,,,..2,,_...0., 4-76 \ '.' • '/..P/; L • 4 • • jit.,,,,,-7,-,,/,..,:jji, C1,50-.1 -27:::..,,-Ji-,_:, . ,,,_/-_-„, ,,,,. ).0-:--„,„___-_ ---,N- \\, \N . .ram , . ..„_. _c__:... __, _,0- 0- j . --,-- , "\\ \ . rX/ .:- .„,,,, i , v,. II :-\', . 7:-.), .----;::----A.:1-i i,.‘,0.,, ,-;:st,-- ----- - \\ ) , ....,-.?:_::• ,•••0-, r.:!"), •••••-•'--z--T--•;•- - \ \ ,°ill 0.,;_,U ..\ pi)'11 .1 • -. ,/-88°—<••__--- - , p--'"2-,,-7. --/ -7 i. • .1 i N .-`;-`/l,j,\ 0 ice! 3 w . . f o ��� ( CLt, / `: iF -V t IY 11 t �� -�-, 1 7L.1__ c Y i - CREEKS IDE HEIGHTS PRELIMINARY PLAT EXHIBIT B, May '25, 1978 • • 203i O\:-1:-:;c'ct\, O . 2/ tf --4 '''k\- ‘\ ' ) _ 1f 41. 41 /L O T PPP• �� 9OUTLOT v� � � �� A • po side bridoe • '�/ ti • ��,1� location *My?•Jh �/, -....: ri5 • c,,vj? A._i _dam_ _ :Y�' ,� / c. - rf,::-.1� �,�• •� ZONE CONSERVANCY ///! i �`=—_-" t' t1 •-'''-,\�. /.% s- -t' •- r ''y . ' CreekWggd�R) F , '' - _•_,-.•(••• ..7 --',-1\.2-.-14----1--:'---- :'.e. .%'<i---,;---- — i' Ns•sk \, iii,, ,;..;s._,t..i\f_t.__,( r /- --i \`, ^I'7,,I` JO fe t \ \\\`,1\i 11a.,-! ` Y -� '-° r 1'71\: \ '-- t/ .,,,� t ip ,(� 9ngles doublQs ..-.4C •0_ • - -. --—lc ./•• 1 ,,/ 1- iv,W /(yiL,s' / i 16foo rtv� a�c Ir fop \-°r gtrxiD -�A • ��. 1I , .,,o i)• I. K � _� ��lto e_e � � t� )Y _-"-_ • AII )11 '��e- _� 1.—_ate _L/J_ t—__ p_ 1„� 1196� . �J o ssr��O \ isse,r 4-i71 i � �t, � �\_- e,/ o i EXHIBIT C C. . • 2032. • t.... �._ .-- . . . 7 ,.» "•' —. -- 7_ :....•., ,► >: .r,P 4 .r s,a..n.a. .aa+.1*,. - - I:a r,.ae.u:i 41 r- •N-3•4 :5 444% d4i.."-4,.rawc.. , ; .-, 1.. , 1 1 , I ' 1 ! .4-1 f I.-__� t f " } ` , " • 1I1 i I 33 1 ; II • , 1 4 , _ 1 1 1 1 , f _ . 1 pI `1 t j I -i i l , � , 1 1 I 1 I 1 ' '- r / E, r a l i - -1 . ---T i- , l,- I , L+ 1 11�-r I , — I 1 i' , f _ ::- f ` f . ' t i I ! _. } r�(At ` 1 t C a - t 1- 41 ,> i _I I 1 1 ' -1 , 1 I._.I 1 _I__1- 1 Ja ,7 1 ' - -- 11f f t 1 " 1- 1 1 1 ! , 1 1 1 I I i I ail t I � t _ ( I ; � •- `�� • ; 'II 1 ' �,..� 1 1.__1- r b — .tr �_ I 1 I I 1 i 1� ' . I i I — I is 1 I_..i . : .-1-- �i_-----i._ _.! -I -- -- ----f 1. _;. - -.i _._i -......1-......1�..L....1�.1 I R1"ra:i.TFT.r...C1:.ii .. aas.1i .''''..'ev''....'',,,,,, r•...6"-..••re-1-...,•,,,....,.,.......•., • , . , , : j, _;. .I , • ' ' f_i_ i__.' ?—ri - - - , .,, EEt _]......7"1._ _i__, i__,--i- i 41......, I , 1 ' I r I i • .;-...4-- ....., rs. . 1... .1 L I -I- f--- i---I-1- --r- 1 1 ; i I - t T r'''') -i• --.' - 1 ' 1, - ,-; - __,_ ,;__ • , ‘, , .._......1._ .1.__, ' .____;__L_,_ I___, ,_ .., ..____• _ • i ;. 1---;--;-- ; • ._ . . • ••• •. . * . , , i i , __.. • ' '.. _I__ _;___ ; __,..._ • -,----„---i—,---;-- --- - . ... . . _ ,,-;-;,,,---,-_„ . -1---- ----- --1—'-/--t---;-- -"------L____--- --: ------- ____ __ , 1----I - --.---- "1.1-•-- 7"- $ i . -.. -I.-- - 4- . L.-1 --. I . . , . - . . . • • • • ...,- , , , i . . i 1 • • - - . 1 t - .i, -',*•i , .- - , 1 . . . L_ _.,_ .__....,__.,.. . . .. . . ±LTiIL- i . • e.'e'-,—r-r- ; ' • - - _ , • i 1 r . I- -1 "- ...` -4---t.—41-.--[----1 I---1- --t-- --t-- ,OV., -i- - r ..... •i____,....._.._____,..................m ! : , , ; 1 , 1-- -- -- I • _ ' ____1_ ____!_ 1 I- ii 1 1 Hi , . • .r • • I . t -1• - , • 1 , i : : . • , 1 : i i _.,_ .3 _i_. ,. i_. , , 1 1 • - - .N' LI- , --L-- ! , I • ' i . . . . . ---. —....a..... ' . . I - !-. ' 1 Is- 1 ti -1-1 - I I . . . . -T - ---i 1_ ' i. 1 i i_ _J. Ii____t • l• • 1 1 . ; ..•. , .!.... i I No;.• 0 . ;- L __ c‘ZNIN.1(\•.--r:i eA't\I.‘ .; • • -. 1 — . 1 _I_ 3 - 1 • , , I , • ._ . (ag_k"•.:Xiit.-,..$ iktil.Clti.7-•.. . . s . a I " I ' .... • —1.• • • . ' I I . . I . i ' , . 'ID ' I : ' -I -- - -- -1-F-7- "; ; ; i , • . • ; . , . ., . .,. . ....1 .1 _1.._,.. .- , ....., 1 I . 1 , • , ti . . . . • - • - , -, --t 1 1 t- • . ; • , :;t. e93,;2. • ! ' I : ... . . . ', •, : : : I .1 .1 .•! 1 i • I 1 , 1 • • 4•1114 1,•••,,I r7 • „. ,11...,.-.7F"a.,• • .4*.filianeta011Wirr,NIN,Pai..l A:Qt.:TIM*:V.::"ta•Vla.7.3'..'''''''''"...17.'....'.1.74: ."....'"'...A . ....L... • ......7 _ ,-„ '' ..„ , • August 10, 1978 TO: Roger Ulstad FROM: Bob Tyson SUBJECT: Party Ordinance 77-22 It has been several months since we last reviewed activities involving the use of ordinance 77-22. During this period, we have had five major incidents where reference to the ordinance averted serious problems. It should be noted that it was not necessary to make any custodial arrests or issue citations in these matters because the language of the ordinance was sufficient to resolve these situations. I have attached detailed reports involving two of these incidents. As time goes on, we learn from experience that this ordinance is doing what we hoped it would. Namely, making explosive incidents more manageable and producing satisfactory results for those who file complaints regarding neighborhood noise. We are grateful for the Council's original approval of this ordinance and are hopeful that it will remain available for future use. 1 R� • MEMORANDUM TO: Roger K. Ulstad, City Manager FROM: John D. Frane, Finance Director SUBJECT: Letter of 7/20/78 from George M. Hansen Company DATE: July 27, 1978 • As a regular part of the audit, the George M. Hansen Company offers comments on the City's accounting controls. A copy of their letter is attached. The following is a response to the letter. Receipts Prenumbered series of receipts have been issued to each department. A cash register would improve cash control only if all cash were collected at one location. The configuration of the buildings and the amount of activity in each department collecting money makes central cash receipting impractical. Disbursements Checks on the voucher list are handled in this manner. Payroll checks are distributed by the bookkeeper in order to limit the number of people who have . access to salary data.. • Checking Accounts The inactive accounts have been closed as indicated in the letter. Contract change orders are now a part of the Council business. General Fund Balance In time it would be ideal to have the fund balances indicated. The City does have balances in other funds which are more than sufficient to cover the cost deficits in the General Fund. Anti-Recession Funds The Council has now adopted a resolution appropriating these funds. JDF:jp Enc. • GEORGE M. HANSEN COMPANY CtriiJ,.d Prblir Atrornbnta 175 SOUTH PLAZA BUILDING WAYZATA BOULEVARD AT HIGHWAY 100 9. NI- 19�� MINNEAPOL0SOTA 55410 04 7 D46-256-ZDDB es July 20, 1978 The City Council City of Eden Prairie 8950 County Road 4 Eden Prairie, Minnesota 55343 Dear Mayor and Council: During the course of our examination we make certain observations which we feel will be of interest to you. These observations, of course, refer only to those areas to which our audit work extended. It is our responsibility to comment on the internal control of operations. Internal control is defined as the segregation of duties so that no one employee has complete control over an entire transaction. Good internal control suggests that the work of one employee becomes an automs"c check on the work of another employee. The comments which follow are not criticisms of the present system, but rather suggestions for improvements based upon both our experience and our observations of similar situations in other governmental entities. INTERNAL CONTROL Receipts At present several departments collect money and issue receipts. To improve internal control we suggest that each department have its own series of prenumbered receipts and the finance department would then keep a numerical control on the receipts remitted to them. The City staff should investigate the use of a multi-total cash register to record collections in the finance office. Such a cash register would improve cash • control Disbursements Internal control would he improved if checks were signed by someone who is not involved in check preparation or in the reconciliation of the bank account. The person signing checks should examine the claims and checks to see that all docu- ments have been properly prepared and approved. After the checks are signed, they should be distributed to the respective payees without being returned to the persons responsible for their preparation. n The City Council City of Eden Prairie, Minnesota July 20, 1978 Page 2 INTERNAL CONTROL (CONTINUED) Checking Accounts During the year the City maintained two checking accounts which had little or no activity. Several outstanding checks have been issued on these accounts which are over a year old. These checks should be written off and added back to the cash balance. During 1978, these accounts were closed and the outstanding checks written off. Contract Change Order The Council minutes should include approval for all contracts and change orders. The contractors' names, project or project number and change order amount • should be indicated in the Council minutes. OTHER ITEMS General Fund The 1977 budget provided for a decrease of $25,000 in the fund balance during the ye...; however, the balance increased $313,193 as shown in the following summary: Actual over (under) Budget Actual budget Revenue $1,789,625 $2,069,471 $ 279,846 Expenditures 1,814,625 1,756,278 ( 58,347) S( 25,000) $ 31.3,_1.43 $ 338,193 A portion of this increase, $233,885, was appropriated for the expansion of the City hall facilities, leaving an unappropriated fund balance of $240,480 at December 31, 1977. The unappropriated fund balance represents approximately 127 of the 1978 General Fund budget. An unappropriated fund balance of only 12% of the budget leaves little reserve for budget variations and emergency appropriations as a substantial part of the balance is necessary to finance operations between collections of property • taxes and State aids. Many cities try to maintain an unappropriated fund balance of 15% to 20% of the budget. The City Council • City of Eden Prairie, Minnesota July 20, 1978 Page 3 OTHER ITEMS (CONTINUED) Anti-Recession Funds Anti-recession funds were received during 1977 and as of December 31, 1977 had not been appropriated or spent. Anti-recession regulations require that monies received be expended within six months of receipt or returned. If this money has not been appropriated or spent since December 31, Council should take the necessary steps to appropriate this money as soon as possible. We would be pleased to discuss these suggestions with you and assist with any changes you may wish to make. We also wish to express our appreciation for the courtesy and assistance extended to us during the course of our examination. Very truly yours, GEORGE M. HANSEN COMPANY JGM:jp ✓ J. Gregory Murphy Field work completed June 9, 1978 1:1:1'1 AUG 1 O tt 9599 Bluff Road IS,a Eden Prairie, MN 55344 October 9, 1978 Mr. Roger Ulstad City Manager Eden Prairie City Hall 8905 Eden Prairie Road Eden Prairie, MN 55344 Subj: Noise Pollution Dear Roger: This concerns the subject of our recent conversations, the continuous firing of a cannon intended to scare birds from a corn field located in an area bounded by County Road 18, County Road 1, Franlo Road and Bluff Road in Eden Prairie. As I have mentioned, this nerve shattering gas-fired cannon explodes every twenty-five seconds from sunrise to sunset. It is unpleasantly audible within a home a distance of at least a mile from the scene with all doors and windows closed. This occurs within earshot of dozens of homes with a conservative minimum valuation of $150,C:: each. That these valuations are severely and adversely reduced by this continuing nuisance is too obvious for comment, no one but a family of deaf mutes being likely to buy into a community with a nerve shattering roar occuring every twenty-five seconds from day light to dark. In discussing this problem with officials hereinafter referred to, they agreed that this unquestionably is a major public nuisance subject to immediate abatement by the city. Mr. Al Perez, Chief of the Noise Section of the State Pollution Control Agency, reviewed the situation with me. Considering the great and definite damage to the local property values and the fact that in his experience with this identical problem over a period in excess of ten years he has established that these noise producing devices are wholly ineffectual, Mr. Perez assured me that the city has an iron clad and easily substantiated case for the abatement of this nuisance and although he did not think it would be necessary, he is definitely available to so testify at the pleasure of Eden Prairie's management. Mr. Lou Loken, Head of the Environmental Control Department of the City of Bloomington was equally of the opinion that such a nuisance should and could promptly be abated. He mentioned that the standards followed in their -2- area prohibited a noise intensity above 60 db by day and 50 db by night and that there is no question that the noise intensity caused by this gas cannon is many, many times those limits. Chief of Police llacking's department has verified the intensity and frequency of these blasts through a detailed investigation made by Officer Alan Larson on August 8th. Mr. Perez offered the opinion that it would be advisable to have the city staff contact the offending party and explain to him the completely non-productive nature of his activities as to disbursing birds (Mr. Perez was most positive about this) and the fact that his activities were having a highly adverse effect upon a very large area surrounding his location, and that if he would not immediately abate the nuisance, the city would be obliged to act upon the pending complaints against him and order him immediately to shut down the device. If necessary, the writer will execute a complaint and appear as necessary in support of it. Last year when a similar nuisance existed in Bloomington, one phone call to the police department resulted in its immediate stoppage, and in the case of a second incident, the Bloomington police promptly investigated and reluctantly reported that the offending party was in Scott County and out of their jurisdiction. It is the consensus of just about everyone within ear shot : of this senseless needless outrage that if our city government were un- willing or unable to deal with it, the manifold attractions of living in our present ..ivironment would be completely overshawdowed by the prospect of listening to cannon blasts over 2,000 times a day. The writer has assured those expressing these views that there is no question but that once aware of the nature of the situation our city management and police department will do the necessary, and promptly. Should you have any questions about the above please do not hesitate to call me (944-3414). Cordially yours, Hugh renne� cc: Roger Pauly, City Attorney, Eden Prairie, MN Jack Hacking, Chief of Police, Eden Prairie, MN Al Perez, Chief, Noise Section, State Pollution Control Agency • ar 1 • MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Robert Lambert, Director of Community Services - • - DATE: August 10, 1978 SUBJECT: Joint Master Plan for Anderson Lakes On August 4, 1978, I met with staff from Hennepin County Park Reserve, the City of Bloomington and Metro Council to discuss the language and purpose of the Joint Master Plan for Anderson Lakes Park. There are some differences of opinion on how detailed this Joint Master Plan should be. I am requesting the Council to continue this item until staff members of the involved agencies can reach agreement on the plan. Roger Ulstad and I will meet with Clif French and John Christian of the Park Reserve on Thursday, August 19th. Hopefully we can resolve some of our con- cerns at that meeting. RL:md • l MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services r DATE: August 11, 1978 SUBJECT: Tennis Court Plans and Specifications for Prairie View and Round Lake Park Staff is requesting to advertise for bids on plans and specifications for construction of two tennis courts at Prairie View School/Park and two tennis courts at Round Lake Park. These porjects have both been approved for 50o matching funds thru the Governor's State Outdoor Recreation Grant Program. Each project is estimated to cost $22,200, therefore the City will have to match with $11,100 at each site. I am recommending that the courts at Prairie View be matched with cash park fee funds, and the courts at Round Lake Park be matched with funds from rental income from houses leased on park property. (The City receives over $21,000 per year on rental income.) Bids would be received by September 12, 1978 and brought before the Council on September 19, 1978. Construction would be completed by November 15,197S. The City we••'d prepare the 110x122' site and provide the aggregate. The color coat would probably be installed in the spring of 1979, before May 15, 1979. The locations of the proposed courts are shown on the site plan maps attached. RL:md i 1 i ___I___ __ : f .,.' t ).. , w , i. s . ,'Id i \--- - Z. ajEl ‘' • 1 r -FA f h , o 1 t. (11 .J .: 'dl .! (4, .. i . .1.:.,k .... ,, ,, i v. ., g . ,..,:. ., :1 N t� L I I S t. T et i t § a .a 1 i I aZ or _—,�— �� 1 t ! •-,, p rrim iI im MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 10, 1978 SUBJECT: Preliminary Plan Approval of T.H. 5/W. 78th St. Signals SP 2701-22 Preliminary plans for the traffic signal at T.H. 5/W. 78th St. have been submitted by Minn. D.O.T. for approval by the City Council. The plans are available for review at the Engineering Department offices. We have mailed notices to the property owners in the area that the Council will be considering this matter on Tuesday evening, August 15. Recommend approval of the preliminary plan and adoption of Resolution No. 78- subject to the easterly extension of the frontage road to service the Teman property if the proposed Menard's project for that property is approved by the City. CJJ:kh 14 August 15, 1978 CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESDLUTIDN ND. 78-144 RESOLUTION APPRDVING PRELIMINARY PLANS FOR TRAFFIC SIGNALS AT T.H. 5 AND WEST 78TH STREET WHEREAS the Commissioner of the Department of Transportation has prepared preliminary plans for the improvement of a part of Trunk Highway Number 121 renumbered as Trunk Highway No. 5 within the corporate limits of the City of Eden Prairie, from the 0.5 miles west to D.5 miles east of W. 78th Street; and WHEREAS said preliminary plans are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 1A S.P. 2701-22 (5-121 from 0.5 miles west to 0.5 miles east of 78th Street; and WHEREAS copies of said preliminary plans as so marked, labeled, and identified are also on file in the Office of the City Clerk; and WHEREAS the term "said preliminary plans" as hereinafter used in the body of this resolution shall be deemed and intended to mean, to refer to, and to incorporate the prelimirary plans as in the foregoing recitals par- ticularly identified and described; NDW, THEN, BE IT RESDLVED that said preliminary plans for the improvement of Trunk Highway Number 121 renumbered Trunk Highway Nimber 5 within the limits of the City of Eden Prairie be and are hereby approved. ADOPTED by the Eden Prairie City Council on oii f'gang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk ' .'2521 (4/77) RESOLUTION At a (regular) (special) meeting of the City Council of the City of Eden Prairie duly held on the day of , 19 78 , the following Resolution was offered by , seconded by --. -- , to-wit: WHEREAS the Commissioner of the Department of Transportation has prepared preliminary plans for the improvement of a part of Trunk Highway • Number 121 renumbered as Trunk Highway No. 5 within the corporate limits of the City of Eden Prairie , from the 0.5 Miles West to 0.5 Miles East of W. 78th ; and Street WHEREAS said preliminery plans are on file in the Office of the • Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. IA S.P. 2701-22 (5=121) from 0.5 Miles West to 0.5 Miles East of 78th Street and WHEREAS copies of said preliminary plans as so marked, labeled, and identified are also on file in the Office of the City Clerk; and WHEREAS the term "said preliminary plans" as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and to incorporate the preliminary plans as in the foregoing recitals particularly identified and described; NOW, THEN, BE IT RESOLVED that said preliminary plans for the improvement of Trunk Highway Number 121 renumbered Trunk Highway Number 5 within the limits of the City of Eden Prairie be and hereby are approved. ,NNFSO q y . Minnesota Department of Transportation - District Five OF 1 p 5801 Duluth Street Golden Valley,Minnesota 55422 July 21, 1978 • (612)545-3761 Mr. Carl Jullie Eden Prairie City Engineer 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 S.P. 2701-22 T.H. 25 • from 0.5 Mi. W. to 0.5 Mi. E. of W. 78th Street in Eden Prairie Layout & Profile lA City Approval Dear Carl: Enclosed are preliminary plans, form of resolution and clerks receipt relating to the proposed construction on the above referenced project. We ask that the preliminary plan and resolution be presented to the City Council for approval and the signed clerks receipt along with the approved resolution be returned to this office. The proposed project is scheduled to be let in June of 1979. The project will include installation of signals, right and left turn lanes, frontage road construction, regrading of TH 5 and construction of 4 lanes of traffic through the intersection. Normal participation in the signal and some of the con- struction on West 78th Street will be expected from the City. If you have any questions in regard to this project, please feel free to con- tact me or Joel Katz at 545-3761 extension 119, or extension 150. Sincerely, Evan R. Green Project Manager • ERC:bn A 1 An Equal Opportunity Employer r.IL iE_..... CITY OFFICES/8950 EDEN PRAIRIE ROAD;EDEN PRAIRIE.MINNESOTA 55344/TELEPHONE(6121941•2262 U _ C41 _..... ,.31 11f.1= . i. TO WHOM IT MAY CONCERN: RE: S.P. 2701-22 T.N. 5/W 78th St. Traffic Signal NOTICE IS HEREBY GIVEN, that the Eden Prairie City Council will consider at their meeting at 7:30 P.M., Tues., Augs. 15, 1978, approval of Minn. D.O.T. preliminary plans for construction of a traffic signal and related access roads at the junction of T.N. 5 and W. 78th St. Copies of the preliminary plans ore available for public review at the Engineering Dept. office at the City Hall. Thank you. CITY OF EDEN PRAIRIE Engineering Dept. _'A ; y=' •' _\\ I el 0 *z (5,-5\ ‘\*V‘ 4: .! '''\ o If ti / • ?� , 1 • FR RD. CONN • z - / �'\ _ 0FR RD. POI • / . �/ V O. \ , tA tR z QQG \ / .\ i N • n ! i \ / _ 1 27 • f lk .' l —,1 ___ ___ , ....... ..._ . 1 t%ce y . ,_ • O �1 ,\ Q FR RD. POT 117. qH C.q�`IlVp 26 I t �`. \\OP: FR RD.POI 115. II I „ o. _ / 1 ,i 1 '.4.. \ i I. ;I I e I PT.1b4+94.31= �WBPOT 1154+70.82 1 ' I i I 1 i I CI I 1: 4. 2 I , 1 . 1 L R'PO.T.II^5.32 I I I • I O I I . 000b t I I � 'qg ` Icl Zz� d I� gmNT --i . --•.I- 1 �SpgN fiSC 1 1 ( .Zi, "' ri� 3 ( ( cam a ' 2. . ( cc!m • r lr l n o 0 I I I 4:?T~= ewe I of ,iti �""' .. �P --ass. e August 15, 197V CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.78-145 RESOLUTION DECLARING COSTS TO BE. ASSESSED AND ORDERING PREPARATION OF 1978 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improve- ments and the total project cost, including expenses incurred, or to be incurred 1 and the City's share, exclusive of that assignable to City property, are established as follows: AMOUNT TOTAL CITY TO BE PROJECT COST ($) FUNDS ($) ASSESSED (S) (See attached Exhibit A) NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The cost of such improvements to be specially assessed are hereby declared to be those as set forth above. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as proveded by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. A hearing shall be held on the 19th day of September, I978, in the City Hall at 7:30 P.M. to pass upon such proposed assess- ments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. He shall also cause mailed notice to be given to the owner of record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 0 W V) V) W N N O O O 0 O cc W 0 0 N N 0 CO ^ N 01 tO .-1 O) p 01 CO Cr O N F- CO N. 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