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City Council - 09/05/1978
EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 5, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE RDLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS a II. MINUTES A. Minutes of the Regular City Council Meeting held Tuesday, Page 2046 August 1, 197B B. Minutes of the Regular City Council Meeting held Tuesday, Page 2058 August 15, 1978 III. CONSENT CALENDAR A. Payment of Claims Nos. 1265 - 1473 Page 2087 B. Clerk's License List Page 2092 C. Set Hearingdate for vacating portion of Eden Road (Resolution Page 2093 No. 78-162) D. Final Plat approval for Mill Creek 6th Addition (Resolution No. Page 2094 78-164) E. Resolution No. 78-166, Lutheran Church in America Page 2097 F. Set Public Hearing for Briarfield Estates for October 3, 197B Page 2098 G. Set Public Hearing for .49 acre rezoning for American Family Page 20991. Insurance for October 3, 1978 H. Set Public Hearing for Centex Homes Midwest, Inc., for October 3, Page 2100 1978 IV. PUBLIC HEARINGS A. Prairie East 7th by Hustad Devel pment Corporation, to rezone Pages 882, _ from Rural to RM 6.5 and preliminar pat approval (Resolution 1215, 1346, W. 78-106 and Ordinance No. 78-1—Continued from August 15, 1548, 1973 1978 & 2101 • Council Agenda - 2 - Tues.,September 5, 1978 IV. PUBLIC HEARINGS (continued) S. Anderson Lakes Parkway Apartments by The Preserve, request to Page 1978 & rezone approximately 9 acres from Rural to RM 2.5 for 126 rental 2102 apartment units (Ordinance No. 78-40) Continued from August 15, 1978 C. Bluff's West 2nd Addition by Hustad Development Corporation by Hustad, Page 2105 • Dr. & Mrs. Brandt, and B.F.I. Request for rezoning from Rural to R1-13.5 and approval of revised preliminary plat of approximately 194 units on 97 acres. Site is located north of Riverview Road • and west of Homeward Hills Road. Consideration and discussion on cul-de-sacing Riverview Road. (Ordinance Na. 7S-41; Resolution No. 7S-154 and Resolution Ne. 7S-167) D. Creek Knoll Road Cul-de-sating, located between U.S. 119 and Page 2157 Pioneer Trail (Resolution No. 71-157) • E. Darnell Road Street name changes (Ordinance No. 7S-53) Page 2165 V. REPORTS OF ADVISORY CDMMISSIDNS • VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Petition from residents in Heritage Park and Round Lake Estates Page 2167 for additional discussion on road alignment issue VII. ORDINANCES & RESOLUTIONS A. Resolution No. 78-155, granting preliminary approval for MIDB's Page 2178 for Random Specialties B. Resolution No. 78-156, granting final approval for MIDB's for Page 2183 Barrett Moving & Storage C. Resolution No. 78-160, granting preliminary approval for MIDB's Page 2192 for Kensington Investments, Inc., and Neil Brastad; D. Resolution No. 78-158, supporting City of Richfield Lawsuit Page 2197 contesting PELRA compulsory binding arbitration provisions E. 2nd Reading of Ordinance No. 78-33, Lake Trail Estates by Mr. Page 2202 'a Swenson and Mr. Schwartz, rezoning from Rural & R1-22 to R1-13.5, RM 6.5 and Public for 27 acres for 3 duplex lots, 43 single family and 1 church, and developers agreement F. 2nd Reading of Ordinance No. 78-39, Gelco Corporation, rezoning Page 2212 of Stages II - V from I-5 to Office, and developers agreement G. Resolution No.78-168, supporting a single vendor for Hennepin Page 2247 County public health nursing services VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members Council Agenda - 3 - Tues.,September 5, 1978 VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS (continued) B. Report of City Manager 1. 1979 City Budget 2. Taxation Committee - Eden Prairie Chamber of Commerce Page 2252 C. Report of City Attorney D. Report of City Engineer 1. Preliminary plan approval County Road 18/I-494 interchange Page 2253 improvements, S.P. 27B5-188, I.C. 51-330 (Resolution No. 78-161) 2. Final Plat approval for Edengate project (Resolution No. Page 2257 78-163) 3. Resolution No. 78-165, regarding T.H. #212 Page 2260 4. Consider bids for street and utility improvements in Page 2261 Crosstown Industrial Park, I.C. 51-329 ((Resolution No. 78-159) VIII. NEW BUSINESS IX. ADJOURNMENT. !1 September 5, 1978 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 08-10-78 1265 LORI WILDERMUTH Reimbursement of petty cash fund for 28.79 playgrounds 1266 GOLD MEDAL BEVERAGE Pop for Liquor store 47.20 1267 LEDING DISTRIBUTING CO. Beer 1,659.05 1268 ROUILLARD BEVERAGE Beer 716.44 1269 COCA COLA CO. Pop for Liquor store 111.35 1270 BEER WHOLESALERS, INC. Beer 3,857.24 1271 DAVIDSEN DISTRIBUTING Beer 40.80 1272 THORPE DISTRIBUTING Beer 2,236.10 1273 PEPSI COLA CO. Pop for Liquor store 150.40 1274 DAY DISTRIBUTING CO. Beer 1,839.82 1275 MIDWEST WINE CO Wine 636.81 1276 GRIGGS, COOPER & CO. Liquor 844.67 1277 OLD PEORIA CO., INC. Liquor 600.23 1278 JOHNSON BROTHERS CO. Liquor and wine 704.73 1279 INSTY PRINTS Services-Community services dept. 8.70 08-14-78 1280 INSTY PRINTS Services-Public Safety dept. 14.55 1281 BELLIS PAPER SuF^'ies-Liquor store 492.87 08-16-78 1282 ED PHILLIPS Liquor 532.33 1283 INTERCONTINENTAL PACKAGING Wine 214.18 1284 TWIN CITY WINE CO. Wine 369.76 1285 METROPOLITAN WASTE CONTROL COMMISSION July SAC charges collected 25,344.00 08-18-78 1286 STATE OF MINNESOTA Permit fee-Engineering dept. 10 1287 CAPITAL CITY Wine 10.90 25.90 1288 TWIN CITY WINE Wine 304.03 1289 EAGLE OISTRIBUTING Wine 1290 GRIGGS, COOPER & CO. Liquor 523.5259 5 1291 QUALITY WINE CO. Wine 6 1292 JOHNSON WINE CO. Liquor 1,529 526.199 1293 ED PHILLIPS & SONS Liquor 524.85 1294 CEDING DISTRIBUTING Beer 1,669.57 08-21-78 1295 HENNEPIN COUNTY Taxes on Park property 1296 STATE OF MINNESOTA July sales tax collected 2,357.93 1297 PETTY CASH Reimbursement of fund-City Hall 48.26 08-22-78 1298 STATE OF MINNESOTA August taxes deducted from payroll 7,462.42 1299 VOID CHECK 1300 FEDERAL RESERVE BANK Taxes deducted 8-18 payroll 8,865.61 1301 SUBURBAN NATIONAL BANK Bonds deducted 8-18 payroll 356.25 ;, 1302 UNITED WAY Donations deducted 8-18 payroll 27.12 I, 1303 PUBLIC EMPLOYEES Employees withheld and employers RETIREMENT ASSN. contribution 8-18 payroll 6,231.64 1304 INSTY PRINTS Services-Public Safety dept. 41.20 09-01-78 1305 JEFF BARTH Teen work program 36.00 ;. 1306 DAVE BROSDAHL 57.00 1307 PAULA BROSDAHL 31.20 1308 RANDY CHANCELLOR 18.00 •, . J September 5, 1978 09-01-78 1363 PAUL EDWARDSON Assist the Community Band director 15.00 1364 EDEN PRAIRIE SCHOOL Custodial services and microfilming services 2,093.73 1365 EDEN PRAIRIE NEWS July ads 98.52 1366 ELK RIVER CONCRETE Supplies-Drainage control 35.59 1367 ESS BROTHERS & SONS Supplies-Drainage control 142.00 1368 EDEN PRAIRIE FIRE DEPT. Fire training and expenses for Bergquist at Fire Convention 18.09 1369 FUTURE PUBLICATIONS Engraving services-Community services .•., 190.00 1370 LISA FRANSEN Mileage-Community services dept. 13.65 • 1371 FRONTIER LUMBER Materials 246.80 1372 FEED-RITE CONTROLS Ferric sulfate-Water dept. 1,841.80 1373 GROUP HEALTH PLAN September insurance 704.25 1374 GENERAL OFFICE PRODUCTS Furniture-City Hall addition 3,886.97 1375 GUY'S AUTO SUPPLY Equipment parts 53.15 1376 GOLD MEDAL BEVERAGE Pop for concessions 94.00 1377 GUNNAR ELECTRIC CO. Repair services-Water dept. 212.57 1378 MARK HURD AERIAL SURVEYS Topography maping-Engineering dept. 815.00 1379 KATHY HERMANN Mileage-Engineering 6.00 1380 KATHI HALLORAN Mileage-Community services dept. 32.40 1381 HENNEPIN COUNTY Board for prisoners-Public Safety 6.00 1382 HENNEPIN COUNTY Replacement of lost check 10.00 1383 HOPKINS DODGE Repair service 35.3E 1384 HOPKINS FIRESTONE DEALER Tire and tire repair 52.44 1385 INTERNATIONAL BUSINESS MACHINES Repair service 40.09 1366 INTERNATIONAL ASSN. OF CHIEFS OF POLICE Book-Public Safety dept. 4.48 1387 INTERNATIONAL UNION OF OPERATING ENGINEERS Dues withheld for September 198.00 1388 INTERNATIONAL BUSINESS MACHINES Office supplies and two typewriters 1,640.2E 1389 J. N. JACQUES Tree subsidy 264.00 1390 EDWARD KRAEt1ER & SONS Rock-Bryant Lake trail grant 262.67 1391 KAPAK CORPORATION Supplies-Public Safety dept. 51.75 1392 KARULF HARDWARE Supplies 24.77 1393 LAYNE MINNESOTA CO. Supplies-Water dept. 7.26 1394 LANDAU, INC. Refund on permit-Building inspections 1,161.79 1395 LOCAL GOVERNMENT INFORMATION SYSTEMS Service-July 1,262.39 1396 LINHOFF LABORATORY Film developing-Public Safety dept. 9.00 1397 MINNETONKA POOLS Refund on entry fee-Community services 30.00 1398 MINNEAPOLIS STAR Rental of park property ad 18.50 1399 t1ATT'S AUTO SERVICE Towing service 40.00 1400 MINNESOTA VALLEY ELECTRIC CO-OP Service-Park dept. 4.75 1401 W YVIEW RADIO Repair service 158.80 1402 METROPOLITAN ANIMAL PATROL SERVICES July services 755.50 1403 MINNESOTA DEPT. OF ECONOMIC SECURITY Employer contributions 264.80 1404 MIDWEST ASPHALT CORP. Asphalt-Street ttaint. 390.56 1405 MINNEGASCO Service 246.51 1406 MCCARTHY WELL CO. Pump repair-Water dept. 82.00 1407 VOID CHECK • 1408 MODERN TIRE CO. Tires and repair service 146.10 :,l,tli:LLI September 5, 1978 09-01-78 1309 KAM DANIELS Teen work program 42.00 1310 DAVE DUVICK 11 45.60 1311 JEFF ELDER 11 ," 46.20 1312 BRENT FIELDS 43.20 1313 KIRSTEN FRAGALE 11 " 51.60 1314 DENISE GALLAGHER 43.20 1315 CATHY GILMORE 61.50 1316 VICKI GUETHLING " 57.60 1317 ERIC HUIBREGTSE " 32.40 1318 LISA KINGREY " 31.20 1319 BRIAN LARSON if 0 51.00 1320 MARK MARTINSEN " 51.00 1321 MARY MITCHELL II " 55.20 1322 ALAN NADON " 48.00 1323 AMY PETERSON " 61.80 1324 DEBBIE ROWLAND 11 " 36.60 1325 JIM SALENTINE " 7.20 1326 DICK SAXE " 67.80 1327 CARINA SCHOTT " 33.60 1328 MARY STETTER II " 56.40 1329 BOBBY STEWART " 43.80 1330 MICHELLE TRAASETH " " 31.80 1331 SUSAN WILLIAMSON " 23.40 1332 TED WELDON 55.80 1333 TIM WELDON 55.80 1334 MINNESOTA DISTILLERS Liquor 1,298.40 1335 GRIGGS, COOPER & CO. Wine 144.19 1336 ABBEY RENTS Tables-City Hall addition ( 360.91 1337 ACRO-MINNESOTA, INC. Office furniture-City Hall addition 526.60 1338 A & H WELDING Supplies-Forest Hills park development 4.55 1339 ANTLER CORP. Refund of overpayment of sac charges 640.00 1340 EARL F. ANDERSEN Street signs 256.20 1341 ARTSIGN Supplies-Park planning dept. 11.86 1342 AKINS FIRE EQUIPMENT Boots-Fire dept. 88.00 1343 BAN-CON INC. Refund of overpayment on sac charges 480.00 1344 BALDWIN COOKE CO. Supplies-Manager dept. 11.23 1345 BUREAU OF BUSINESS PRACTICE Book-Water dept. 44.04 1346 C & D BATTERIES Supplies-Water dept. 80.08 1347 BLUE CROSS INSURANCE August insurance 1348 BRAUN ENGINEERING Services-Norseman Park 2nd Add. 590.89 1349 BLOOMINGTON LOCKSMITH CO. Keys-Public Safety dept. 598.5 1350 BLOOMINGTON CHRYSLER Equipment parts r 8.50 1351 BATTERY TIRE WAREHOUSE Equipment parts 64.20146.85 1352 CAROLYN CASSOLA Guitar instructions-Community services 288.00 1353 JILL CONNAUGHTY Mileage-Community services dept. 12.90 1354 CITY OF EDINA Water samples-Water dept. 88.00 1355 CLUTCH AND TRANSMISSION Equipment parts 10.14 1356 CENTEX HOMES Refund of overpayment of permit fees 588.15 1357 CUTLER MAGNER CO. Lime-Water dept. 41.94 + 1358 COPY EQUIPMENT Printing service 38.11 1359 DAVIES WATER EQUIPMENT Repair supplies-Water dept. 38.54 1360 DALTON BOOKS Book-Public Safety dept. 1361 DORHOLT PRINTING Printing service 11.64 1362 DALCO Cleaning supplies-Water and Fire dept. 283.70 September 1, 1978 09-01-78 1409 MEDICAL OXYGEN Oxygen-Fire dept. 109.06 1410 MINNESOTA TORO, INC. Oil filter-Park dept. 22.85 1411 NORTHERN STATES POWER Service-Public Information dept. 5.17 1412 NORTHWESTERN NATIONAL BANK Bond service fee 87.00 1413 NORTHWESTERN BELL Service 899.46 1414 NORTHERN STATES POWER Service 7,714.91 1415 TOI.1 ODENDAHL Mileage and reimbursement for supplies- Comnunity services dept. 11.40 1416 DAVID OLSON Reimbursement for supplies for City Hall remodeling 20.20 1417 PENNY'S SUPERMARKET Supplies-Community services dept. 63.40 1418 PEPSI-COLA Pop for machines 264.20 1419 POWER, INC. Battery-Fire dept. 21.89 1420 PERBIX, HARVEY, SIMONS, & THDRFINNSON Legal services 4,360.70 1421 POWER BRAKE EQUIPMENT Compressors-Civil defense truck 20D.00 1422 PRAIRIE LAWN & GARDEN Repair lawnmower-Park Maint. 8.50 1423 BECKI QUERNEIlOEN Mileage-General services 10.50 1424 DONALD RDGERS Repair pump at Round Lake Park 22.50 1425 REMINGTDN RAND CORP. Supplies-Public Safety dept. 69.00 1426 ROBERTS DRUG Supplies-Public Safety dept. .75 1427 STATE OF MINNESOTA Exemption certificate for Water dept. 4.00 1428 RADIO SHACK Microphones-City Hall addition 353.25 1429 RIEKE-CARROLL-MULLER Sei,;ces-Str.&Wtr County Vista, Stewart ASSOCIATES, INC. Highlands, Well Pumphouse #3, Norseman Park 2nd Add., Amco on TH169, Crosstown Ind. Park 13,495.37 143D SATELLITE INDUSTRIES Portable restrooms-Community services 1,854.62 1431 SUN NEWSPAPERS Employment ad 17.00 1432 EMMET STARK Band director services and reimbursement for refreshments-Community Band 244.43 1433 ST. REGIS PAPER CO. Equipment parts 66.64 1434 VOID CHECK 1435 STATE DF MINNESDTA Services-TH169-494 14,779.72 1436 DON STREICHER GUNS Shot gun cases-Public Safety dept. 106.65 1437 SPORTS WDRLD Volleyball-Community services dept. 12.50 1438 TWIN CITIES TREE TRUST Dperating costs of Co-Dp nursery 167.66 1439 JULIE TDRNOE Refund on gymnastics 14.80 1440 ROGER ULSTAD Sept. expenses 100.D0 1441 VAN'S DIRECT Supplies-Community services dept. 227.24 1442 VAN WATERS & ROGERS Chlorine-Water dept. 188.50 1443 VALLEY EQUIPMENT CO. Equipment rental-Community Development project 10,206.73 1444 VOID CHECK 1445 WALDDR PUMP & EQUIP. Repair lift station pump-Water dept. 5,298.00 1446 HAL WELDIN Mileage-Teenwork program 9.68 1447 WINDSDR DEVELDPMENT CORP. Refund of overpayment on SAC charges 320.00 1448 KEITH WALL Expenses 17.28 1449 WILENSKY AUTD PARTS Repair parts 150.00 145D WATER PRODUCTS CO. Supplies-Drainage control $5D, Water dept. $109 159.69 1451 WORD PRDCESSING CENTER Repair recorder-Engineering dept. 24.00 1452 BECKY ZABEL Mileage-Community services dept. 19.80 September 1, 197B 09-01-78 1453 ZIEGLER, INC. Equipment rental for Community Development project$2730, Bryant Lake Park bond $77, and Equipment parts for City garage $27 2,634.91 1454 ZECO CO. Supplies-Water dept. 162.03 1455 XEROX CORPORATION Service & supplies-City Hall 9B3.54 1456 MASATO IKEGAMI Rental of gym equipment-Community services dept. 100.00 1457 PATRICIA STEIGER & MICHAEL RICHAROSON Softball supervisor services 270.00 145E SANDRA WERTS July expenses 39.2E 1459 LORI WILDERMUTH Mileage-Community services dept. 49.5E 1460 MARK PANNKUK Mileage-Tree disease 90.30 1461 THOMAS A. BIGELBACH Mileage-Tree disease 147.90 1462 OICK CARPENTER Services-Engineering dept. 50.00 1463 CHRIS ENGER August expenses 103.93 1464 STATE OF MINNESOTA Inspection and testing-TH169-494 and Traffic Signal repairs 300.13 1465 CARL JULLIE August expenses 100.00 1466 OIANNE HANSON Mileage-General Services 7.B0 1467 JAMES JENSON Expenses-Planning dept. 37.50 1468 BATHER, RINGROSE, WOLSFELD JARVIS, GARDNER, INC. Services-Lotus View Street Imp. 4,092.68 1469 CARSON, PIRIE, SCOTT & CO. AND LUND PAINT Carpet and installation-City Hal' 1dd. 3,525.90 1470 SHARON DAVIDSON Payment of Creative Dramatics Day- Community Services dept. 300.00 1471 ROBERT HENDERSON Sewer backup 19.29 1472 JOHN FRANE August expenses 107.20 1473 KAREN OLSON August services 101.50 TOTAL 172,095.47 • 2u01 JOHN FRAME MEMDRANDUM TO: Mayor and City Council /// FROM: Roger K. Ulstad, City Manager,t���/ SU8JECT: Council Agenda for Tuesday, September 5, 1978 DATE: September 1, 1978 II. A. & Correct, approve and file minutes of Council Meetings held Tuesday, August 1, 8 1978, and Tuesday, August 15, 1978. III. A. - Recommend that the Council consider approval of all items on the Consent H Calendar. IV. A. Attached find a request from the proponents for a continuance again of this Public Hearing. As directed by the Council, we have sent notices to some 180 residents in and around Prairie East 7th. Mr. Ostenson did say that he had notified a number of the residents that he was requesting this continuance. If the Council chooses to continue this matter to the September 19th Council agenda, it might be well for the Mayor to announce same at the beginning of the Council meeting. IV. 8. The Preserve has submitted a request for the Council to continue this Public Hearing in an effort to allow The Preserve and residents of The Preserve to discuss more fully the positives and negatives of the Anderson Lakes Parkway Apartments. IV. C. Proper notices have been published and adjacent properties in the area have been notified of the Public Hearing for Bluff's West 2nd Addition. The proponents have appeared before the Planning Commission and also the Parks, Recreation & Natural Resources Commission, of which both commissions have recommended that the Council consider approval of the proposal along with certain conditions being complied with on the part of the proponents. You will also note that consideration on the cul-de-sacing of Riverview Road has been placed on the agenda along with a request for rezoning and preliminary platting. Based on the recommendations outlined and attached hereto, I would recommend that the Council consider a 1st Reading to Ordinance No. 78-41, and adoption of Resolution Nos. 78-154 and 78-167. IV. D. Recommend that the Council consider approval of Resolution No. 78-157 as outlined in the attached memo from Mr. Jullie. IV. E. Recommend that the Council consider a 1st Reading to Ordinance No. 78-53 as outlined in the attached memo from Mr. Jullie. VI. A. Enclosed is a petition from the residents in Heritage Park and Round Lake Estates. As you will note they would like the City Council to again explain the motion that was passed relative to the transportation pattern which would connect Luther Way and Lake Trail Estates. The Council in their consideration ip approving the minutes of August 15th, might want to also address this request at the same time. Mayor atJ City Council - 2 - September 1, 1978 VII. A, Our legal counsel has reviewed all documents and has foypd them in order. 8 & C Recommend the Council consider adoption of Resolution Nos. 78-155, 78-156 and 78-160. 1 VII. D. The City of Richfield is requesting the cities in the metropolitan suburban area to support their City by resolution in their lawsuit contesting PELRA, the compulsory binding arbitration provision. It is my opinion and I concur with the City of Richfield that there are other ways to settle differences and they would be as follows: 1) strike and 2) referendum. Recommend that the Council consider adoption of Resolution No. 78-158. VII. E. All documents are in order and I would recommend that the Council consider adoption of.'the 2nd Reading of Ordinance No. 78-33, and approval of the developer's agreement. VII. F. All documents are in order and I would recommend that the Council consider adoption of the 2nd Reading of Ordinance No. 78-39, and approval of the developer's agreement. VII. G. As requested, we have drafted a resolution supporting a single vendor for Hennepin County public health nursing services. Would recommend the Council consider adoption of Resolution No. 78-168. VII. 8.1 I had hoped to have the 1979 proposed budget completed this afternoon and inserted in your Council packet. However, I didn't quite make it. It will however, be completed on Tuesday and I would like to present it to you Tuesday evening and request that the Council at that time consider setting a date future for the purpose of reviewing the budget. The Council might consider September 12th for this purpose. VII. 6.2 The Chamber of Commerce has requested that the Council consider appointing one of the Council members to their Taxation Committee. Mr. Frane did attend the first meeting that was held and will continue attending their meetings as the staff person from the City Hall. It is my understanding that they are desirous of having an elected official also serve on the Taxation Committee. VII. D.1, Recommend that the Council consider approval of Resolution Nos. 78-161, 2 & 3 78-163 and 78-165, as per Mr. Jullie's memos. VII. D.4 Recommend that the Council consider awarding the bid to the low bidder, North Central Underground, Inc., in the amount of $204,119.00, and adoption of Resolution No. 78-159. RKU:jp MEMORANDUM TO: Mayor and City Council ��� FROM: Roger K. Ulstad, City Manager j� "'� SUBJECT: Council Agenda for Tuesday, September 5, 1978 DATE: September 1, 1978 II. A. & Correct, approve and file minutes of Council Meetings held Tuesday, August 1, B 1978, and Tuesday, August 15, 1978. III. A. - Recommend that the Council consider approval of all items on the Consent H Calendar. IV. A. Attached find a request from the proponents for a continuance again of this Public Hearing. As directed by the Council, we have sent notices to some 180 residents in and around Prairie East 7th. Mr. Ostenson did say that he had notified a number of the residents that he was requesting this continuance. If the Council chooses to continue this matter to the September 19th Council agenda, it might be well for the Mayor to announce same at the beginning of the Council meeting. IV. B. The Preserve has submitted a request for the Council to continue this Public Hearing in an effort to allow The Preserve and residents of The Preserve to discuss more fully the positives and negatives of the Anderson Lakes Parkway Apartments. IV. C. Proper notices have been published and adjacent properties in the area have been notified of the Public Hearing for Bluff's West 2nd Addition. The proponents have appeared before the Planning Commission and also the Parks, Recreation & Natural Resources Commission, of which both commissions have recommended that the Council consider approval of the proposal along with certain conditions being complied with on the part of the proponents. You will also note that consideration on the cul-de-sacing of Riverview Road has been placed on the agenda along with a request for rezoning and preliminary platting. Based on the recommendations outlined and attached hereto, I would recommend that the Council consider a 1st Reading to Ordinance No. 78-41, and adoption of Resolution Nos. 78-154 and 78-167. IV. D. Recommend that the Council consider approval of Resolution No. 78-157 as outlined in the attached memo from Mr. Jullie. IV. E. Recommend that the Council consider a 1st Reading to Ordinance No. 78-53 as outlined in the attached memo from Mr. Jullie. VI. A. Enclosed is a petition from the residents in Heritage Park and Round Lake Estates. As you will note they would like the City Council to again explain the motion that was passed relative to the transportation pattern which would connect Luther Way and Lake Trail Estates. The Council in their consideration ip approving the minutes of August 15th, might want to also address this request at the same time. Mayor and City Council - 2 - September 1, 1978 VII. A, Our legal counsel has reviewed all documents and has fogpd them in order. B & C Recommend the Council consider adoption of Resolution Nos. 78-155, 78-156 and 78-160. VII. D. The City of Richfield is requesting the cities in the metropolitan suburban area to support their City by resolution in their lawsuit contesting PELRA, the compulsory binding arbitration provision. It is my.opinion and I concur with the City of Richfield that there are other ways to settle differences and they would be as follows: 1) strike and 2) referendum. Recommend that the Council consider adoption of Resolution No. 78-158. VII. E. All documents are in order and I would recommend that the Council consider adoption of'the 2nd Reading of Ordinance No. 78-33, and approval of the developer's agreement. VII. F. All documents are in order and I would recommend that the Council consider • adoption of the 2nd Reading of Ordinance No. 78-39, and approval of the developer's agreement. VII. G. As requested, we have drafted a resolution supporting a single vendor for Hennepin County public health nursing services. Would recommend the Council consider adoption of Resolution No. 78-168. VII. 8.1 I had hoped to have the 1979 proposed budget completed this afternoon and inserted in your Council packet. However, I didn't quite make it. It will however, be completed on Tuesday and I would like to present it to you Tuesday evening and request that the Council at that time consider setting a date future for the purpose of reviewing the budget. The Council might consider September 12th for this purpose. VII. 8.2 The Chamber of Commerce has requested that the Council consider appointing one of the Council members to their Taxation Committee. Mr. Frane did attend the first meeting that was held and will continue attending their meetings as • the staff person from the City Hall. It is my understanding that they are desirous of having an elected official also serve on the Taxation Committee. VII. D.1, Recommend that the Council consider approval of Resolution Nos. 78-161, 2 & 3 78-163 and 78-165, as per Mr. Jullie's memos. VII. D.4 Recommend that the Council consider awarding the bid to the low bidder, North Central Underground, Inc., in the amount of S204,119.00, and adoption of Resolution No. 78-•159. • RKU:jp UNAPPOVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 1, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; City Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION: City Manager Roger Ulstad PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Osterholt moved, seconded by Meyers, to approve the Council Agenda as published. Motion carried unanimously. II. MINUTES OF THE COUNCIL MEETINGS HELD WEDNESDAY, JULY 5, 1978, AND TUESDAY, JULY 18, 1978 July 5th Minutes: Pg. 4, 1st para., 2nd line, strike "park" and insert "church" Pg. 5, 4th paragraph, 1st line, strike "Bloomington" and insert "representing Prairie". Pg. 7, 6th paragraph, 4th line, strike "piece" and insert "pipe". MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the Council meeting held Wednesday, July 5, 1978, as amended and published. Motion carried unanimously. July 18th Minutes: Pg. 5, 7th paragraph, 2nd line, strike "signs" and insert "signals", and in the 3rd line, strike "160" and insert "169". MOTION: Pauly moved, seconded by Bye, to approve the minutes of the Council meeting held Tuesday, July 18, 1978, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Payment of Claims Nos. 10936 - 1093 B. Clerk's License List Council Minutes - 2 - Tues.,August 1, 1978 III. CONSENT CALENDAR (continued) C. Set Public Hearing for Bluff's West 2nd Addition for September 5, 1978 D. Set Public Hearing for transportation alternatives for northwest corner of Trunk Highway 5 and County Road 4 for August 15, 1978 (Luther Way, Heritage Road, West 72nd Street., proposed Valley View Road) E. Approve plans and specifications and order advertisement for bids for public improvements in Crosstown Industrial Park, I.C. 51-329 (Resolution No. 78-138) F. Receive 100% petition and order preparation of plans and specifications for streets and utilities in Lake Trail Estates (Resolution No. 78-140) MOTION: Osterholt moved, seconded by Pauly, to approve items A - F on the Consent Calendar. Roll Call Vote: Osterholt, Pauly, Bye, Meyers and Penzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. Vacating a portion of Lakeland Terrace (Resolution No. 7B-137) City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing, and referred to the petition received from the property owner, Mrs. Ruth Johnson, who is the owner of the property abutting this cul-de-sac. City Engineer Jullie outlined the area by graphic illustrations,explaining there are no other parcels which abut the area to be vacated or depend on that cul-de-sac for access, and he, therefore, can see no problem with vacating this portion of Lakeland Terrace. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-137, vacating part of Tract U, RLS #783 (Lakeland Terrace). Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the revised RLS #783,dated July 28, 1978, for Ruth Johnson, which combines tracts Q, S and T. Motion carried unanimously. B. Creekside Heights, request by Hustad Development and Mr. Peterson for rezoning from Rural and 1-2 Park to R1-13.5 and 1-2 Park for 27 single family lots with variances, 1 industrial lot, 1 existing single family home; and preliminary plat approval City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing. The proponents have appeared before the Planning Commission and the Parks, Recreation & Natural Resources Commission, and notices have been sent to all affected and abutting property owners on file. Dick Putnam, Hustad Development Corporation, spoke to the proposal for 27 single family homes, explaining the intent is for housing slightly under $39,000 to $49,000. Further that garages would not be required Council Minutes - 3 - Tues.,August 1, 1978 B. Creekside Heights (continued) at this time, but could be added as the owners wish at a later date. The request for rezoning for 1 industrial lot would be for Mr. Roy Peterson for his business. Mr. Al Schrader, President of Hart Homes, and Steve Heineman, Manager of Modular Homes for Hart Homes, spoke to the proposed project and answered questions of Council members. City Planner Enger explained this item was considered at the 6/26/78 Planning Commission and was approved on a 3 - 1 vote, and was also considered at the 7/17/78 Parks, Recreation & Natural Resources Commission and was approved on a 3 - 1 vote. Enger outlined the recommendations of the Planning Commission and Staff Report dated 6/22/78 and answered questions of Council members. Putnam stated Hustad will dedicate the entire open space in the original PUD. Meyers questioned if this project has been entered in the competition and, if not, will they be able to. Putnam explained after they received a favorable recommendation from the Planning Commission they went ahead and applied, and after the Council's decision this evening they will either proceed or withdraw from the competition. If the project is approved by the Council, the proponents would like to ask if two of the homes could be put up between now and August 15, 1978. Osterholt questioned why the previous plan for this area was abandoned. Putnau explained the previous plan was for industrial. One of the reasons the previous plan was abandoned was because of the alignment of the road which takes away the visibility, and also office and industrial in this part of town has been slow. Pauly stated the Council is being asked to give some variances to allow for smaller lots to provide for this housing, and she would feel alot more comfortable if there were some way to enforce the affordability of this housing. Enger explained in his conversations with the proponents they are not adverse to binding themselves to the information supplied. Pauly further asked if Hustad would commit that they will not put additional small lot modular homes in the immediate area. Putnam explained if the Council includes this as part of the approval, he would agree to that restriction. Bye commented that Eden Prairie has a commitment to lower cost housing, but all of the Council questions concern themselves as to the fact we want it to work. Osterholt asked for an explanation of the industrial lot. Enger explained that the single family home and the area to the south is owned by Mr. Peterson at this point. Further that Mr. Putnam and Mr. Peterson did come intc the City offices back in December and discussed that Mr. Peterson would like to purchase the property and would like to operate his plumbing business in his home anticipating construction. Mr. Enger advised Mr. Peterson at that time he could not give approval to this, and told him it was in conflict to the City's existing ordinances. The staff is aware that Mr. Peterson went ahea and is operating the business. Enger commented Staff and the Planning Council Minutes - 4 - Tues.,August 1, 1978 B. Creekside Heights (continued) Commission is very concerned about how this small lot subdivision will relate to the industrial to the east and feels a significant screening plan must be submitted and undertaken,and that much of it should be done with the overall grading of the single family plan. Osterholt asked Mr. Peterson if he was aware he was in violation of City ordinances. Mr. Peterson answered he was aware, however, he had lost a lease and was in a real bind as to what to do. Peterson further stated he would prefer to build an industrial building rather than doing business from the home presently in existence. The Petersons would like to stay in the house and put up screening as required. MOTION: Meyers moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-37, rezoning from Rural and 1-2 Park to R1-13.5 for 27 single family lots with variances, and rezoning from Rural to I-2 Park for one industrial lot leaving the existing home in the Rural category. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-133, approving the preliminary plat for Creekside Heights. Motion carried unanimously. MOTION: Pauly moved, seconded by Meyers, to direct the City Attorney to draft a developers agreement incorporating recommendations of the Planning Staff Report dated 6/22/78 as modified by the Planning Commission, Planning Commission recommendations of 6/26/78, the Parks, Recreation & Natural Resources Commission reconmendations of 7/17/78; *hat Hustad Development Corporation agree to the 20% under $40,000 and 80% under $50,000, that Hustad's commit to not develop the land east in small lot low cost housing up to Creek Knoll Road, that Outlot A be expanded to include the open space designated in the original PUD of approximately 10 total acres, and that credit for this entire open space be applied to Creekside Heights only, and that Mr. Peterson commit not to subdivide his Rural residential parcel. Motion carried unanimously. C. C.P.T. Corporation Headquarters, request from C.P.T. for rezoning from Rural to I-5 Park on 30 acres located in the northwest corner of Scenic Heights Road and Mitchell Road for a corporate headquarters City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing, and that the proponents have appeared before the Planning Commission and the Parks, Recreation & Natural Resources Commission. Further that notices have been sent to all affected and abutting property owners on file. Robert Knutson, Director and Legal Counsel for C.P.T. Corporation, and Dick Olson, Architectural Alliance, spoke to the proposal and answered questions of Council members. City Planner Enger explained that this item was considered at the 7/10/78 Planning Commission and was approved 5 - 0 with one abstention, subject to the Planning Staff Report dated 6/30/78. Further that the Planning Commission did recommend rezoning of the entire parcel to I-5 Park. The Parks, Recreation & Natural Resources Commission met on this item 7/17/78 and it was approved 4 - 1. Enger explained that the Watershed District considered 2�11q Council Minutes - 5 - Tues.,August 1> 1978 C. C.P.T. Corporation (continued) this proposal on 7/13/78 and did note that the pond would be considered public waters and all setbacks from the pond and elevations above the pond would have to be conformed with. Enger further noted that he has received a communication from the Highway Department and based on the information the City supplied them regarding this site, the Highway Department finds this proposal within their preferred alternative corridor for Highway #212. Meyers questioned if there might be further additions on this parcel. Mr. Knutson responded there may be further additions, but it would be in the distant future. Mr. Knutson further stated one of the reasons they want to buy a good size piece of property is so they won't have to keep moving. Ted Johnson, 8351 Mitchell Road, representing Atherton Homeowners Assocation, read from a prepared stated. (Attached as part of minutes) Don Zupan, 8210 Hiawatha, spoke in favor of the C.P.T. proposal, commenting he would like to see no development, but is realistic and feels this would be better than a higher density. Mr. Peterson, 8357 Mitchell Road, spoke in opposition to the proposal, stating that he came to Eden Prairie because of the comprehensive plan which he felt would be adhered to. He feels before C.P.T. is considered, that the City should wait until the update of the Guide Plan is approved. Mr. Peterson further questioned when the park in this area will be started. Mr. Ulstad replied next Spring at the earliest. Torn McIntosh, 8323 Hiawatha Avenue, questioned the amount of traffic which would be anticipated to have access to Scenic Heights Road. City Engineer Jullie explained the road in question would be for a limited parking area of approximately 30 cars. Gene Schnabel, 8211 Hiawatha Circle, asked what type of access will there be to the parking lot of the expanded proposed parking area,and what type of procedures are there to insure citizens that the expansion is taking place. Penzel replied the expansion is not being considered this evening, and a Public Hearing notice will be sent to all abutting and affected property owners when this occurs. MOTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-38, rezoning from Rural to I-5 Park for C.P.T. Corporation. Osterholt, Meyers, Pauly and Penzel voted "aye", Bye "abstained". Motion carried. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a developers agreement including the recommendations of the Planning Commission and Staff Report dated 6/30/78 with following amendments: Item 1 to read: "1. Rezoning from Rural to I-5 Park should be granted for the 30 acre parcel but that future expansion of the building will be reviewed by the Commissions and Council prior to further construction." Item 3 to include "that plantings included in brochure shall include "evergreens", and in addition, thaVC.P.T. attempt to accommodate the Highway H212 corridor." Meyers, Osterholt, Pauly and Penzel voted "aye", Bye "abstained". Motion carried. av;� Council Minutes - 6 - Tues.,August 1, 1978 D. Gelco Corporation PUD, request for PUD approval of Stages II - V on 16 acres and the existing zoned 24 acres; rezoning of Stages II - V from I-5 Park to Office City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing, and the proponents have appeared before the Planning Commission and the Parks, Recreation & Natural Resources Commission. Ray Geiger, Leonard Parker Associates, and Emerson Greenberg, Gelco Corporation, spoke to the proposal and answered questions of Council members. City Planner Enger spoke to the recommendations of the Planning Commission, whereby the 6 members present granted unanimous approval. Enger further explained that the Parks, Recreation & Natural Resources Commission approved the proposal on a 4 - 1 vote at their July 17, 1978 meeting,with the exception that the Stage II building be limited specifically to 3 stories, and that Stages III through V buildings be limited to 5 stories. Enger stated he does not have the specific information on the Anderson Lakes water level regarding the concern expressed at the Parks, Recreation & Natural Resources Commission that the lake level appeared to be going down. The Watershed District has taken monthly elevations on the lake since 1960 and they say the lake was at a low in January of this year, however, the level is coming up at this point. ':eyers suggested plantings be required along the southerly boundary now. Mr. Greenberg stated he would be willing to adhere to this requirement, and that Gelco is looking to soften the impact from across the lake. Dave Hubred, 8056 Ensign Road, expressed his concern about the affects of this proposal on Anderson Lakes and that considering the tremendous amount of rainfall the lake should be up and it is not. Geneva Middleton, 9411 Timber Trail,also expressed concern about the water level of Anderson Lakes explaining if the lake is coming up, it should have come up faster. Mrs. Middleton spoke to discrepancies she feels have been made in the Environmental Assessment Worksheet. The traffic problem also is becoming increasingly bad and pollution is caused by this traffic Mrs. Middleton commented. City Engineer Jullie explained there is a requirement by the Pollution Control Agency that a discharge permit is required when traffic volumes reach a certain stage. Mrs. Carr, 8100 Ensign Road, commented that the wild geese are almost gone from Anderson Lakes,and she cannot understand why Eden Prairie is not concerned about Anderson Lakes as every lake is very high right now and Anderson Lakes is not. Lyman Olson, 8016 Ensign Road, explained when he thinks of traffic he thinks of West 78th Street, and he is concerned about future traffic which will be generated by this proposal, the Bachman Anderson proposal, and also the other proposal in Bloomington. Council Minutes - 7 - Tues.,August 1, 1978 D. Gelco Corporation (continued) City Engineer Jullie explained the City has recently developed a proposed transportation program and in that program a major element to be constructed in fall of 1980 would be a connection of Schooner Boulevard to Highway #494 with a ramp system. The other improvement, which is scheduled for late next fall, would be the upgrading of County Road #18 and Highway #494 interchange to tie West 78th Street into the exit ramp to Highway #494. Maurice Moe, 9441 Timber Trail, suggested the Council look into this proposal more thoroughly before any construction is allowed. George Bentley, 10800 Fieldcrest Road, asked the Council not to approve the proposal for Phases III, IV and V at this time. Mr. Bentley also requested continuation of this item to a later date. Guy Bovi, 8108 Ensign Curve, asked about the Shoreline Management Act. Mr. Enger explained that a first reading was given to the Shoreline Management Act about six weeks ago, and the City did not receive the Shoreline Management Act in the present form until the first part of this year. Mr. Greenberg explained Gelco has an Environmental Impact Statement which they filed some years ago. Gelco's Environmental Assessment Worksheet and two Environmental Impact Statements should put them in compliance according to Mr. Greenberg. Mrs. Middleton explained the Anderson Lakes Property Owners Association is asking that Gelco be included as a related action with 8achman Anderson in the Environmental Impact Statement. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-39, rezoning of Stages II - V from I-5 Park to Office for multi-story approval rather than any specific building height for Gelco Corporation. Motion carried unanimously. MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-134, granting PUD approval for Stages II-V for Gelco Corporation. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers, to direct the City Attorney to draft a developers agreement incorporating recommendations of the July 7, 1978 Staff Report with the exception that the multi-story approval not be given for a specific number of stories,but rather each building would be reviewed at the time of the request for approval, and that all landscaping be done along the water at this time. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to direct Staff to check the water level at Anderson Lakes and clarify communications with the Watershed District. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. MOTION: Osterholt moved, seconded by Bye, to continue past the 11:30 PM adjournment time. Motion carried unanimously. 20;�. Council Minutes - 8 - Tues.,August 1, 1978 VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Drdinance No. 78-34, Amsden Hills IV, The Preserve, rezoning from Rural to RM 6.5 for 10 duplex lots on 5 acres and developers agreement Lee Johnson, The Preserve, spoke to initialed changes they have made, and requested of the Council to accept these changes. Osterholt stated he is disappointed that the deer corridor has been destroyed. MOTION: Osterholt moved, seconded by Meyers, that the developers agreement be put back into the original form as drawn up by the City, not to include changes from The Preserve. Motion carried unanimously. Council directed the City Attorney to insert language appropriate for Lots A & D in the developers agreement, and to incorporate plat of Amsden Hills Third Addition. MOTION: Osterholt moved, seconded by Pauly, to approve the developers agreement for Amsden Hills IV, The Preserve, with appropriate changes to be made by the City Attorney. Motion carried unanimously. Mr. Johnson requested of the Council that item 18 be spread over the rest of the lots. Council asked that this item be worked out with the City Engineer. MOTION: Meyers moved, secon ^'1 by Bye, to adopt the 2nd Reading of Ordinance No. 78-34, Amsden Hills IV, The Preserve, rezoning from Rural to RM 6.5 for 10 duplex lots on 5 acres and to withhold publication of the ordinance contingent on the signing of the developers agreement. Motion carried unanimously. B. 2nd Reading of Ordinance No. 78-35, Norman Addition by Norman Clark & Dirlam Properties, rezoning from Rural to R1-13.5 for 6.5 acres into 13 lots and developers agreement MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading of Ordinance No. 78-35, Norman Addition by Norman Clark & Dirlam Properties, rezoning from Rural to R1-13.5 for 6.5 acres into 13 lots. Motion carried unanimously. MOTION: Pauly moved, seconded by Bye, to approve the developers agreement for Norman Addition by Norman Clark & Dirlam Properties. Motion carried unanimously. C. 2nd Reading of Ordinance No. 78-30, rezoning from Rural to R1-13.5 and RM 6.5 and 21 single family and 7 duplex lots, Darkenwald, and developers agreement MOTION: Osterholt moved, seconded by Bye, to adopt the 2nd Reading to Ordinance No. 78-30, rezoning from Rural to R1-13.5 and RM 6.5 and 21 single family and 7 duplex lots for Darkenwald. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to approve the developers agreement for Darkenwald. Motion carried unanimously. .2u 3 Council Minutes - 9 - Tues.,August 1, 1978 D. 2nd Reading of Ordinance No. 78-27, rezoning from Rural to R1-13.5 for 13 single family lots on approximately 8.5 acres for Tamarac Addition by Edenvale, Inc., and developers agreement MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading of Ordinance No. 78-27, rezoning from Rural to R1-13.5 for 13 single family lots on approximately 8.5 acres for Tamarac Addition by Edenvale, Inc. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the developers agreement for Tamarac Addition by Edenvale, Inc. Motion carried unanimously. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. Appointments of 7 members to the Flying Cloud Airport Advitnry Commission of Eden Prairie (three for a three year term, and two for a two year term, and two for a term of one year - consisting of at least one member to be appointed by the Chairman of MAC, at least two representatives of the Flying Cloud Businessmen's Association, and four other members to be appointed by the Mayor with the approval of the Council) Mayor Penzel referred to communication from the Metropolitan Airports Commission naming their representative on this Commission and also two alternates as follows: Claude Schmidt as MAC's representative, and Ed McGaa and Jeff Hamiel as alternates. Mayor Penzel recommended appointments to the Flying Cloud Airport Advisory Commission of Eden Prairie as follows: Sally Brown - 1 year term Sidney Pauly - 1 year term Kent Barker - 2 year term Les Lewis - 2 year term William Gilk - 3 year term Norma Schee - 3 year term Claude Schmidt - 3 year term (Alternates Ed McGaa and Jeff Hamiel) MOTION: Osterholt moved, seconded by Bye, to approve the recommendations of Mayor Penzel as appointments to the Flying Cloud Airport Advisory Commission of Eden Prairie. Motion carried unanimously. Tom Jensen, 98D6 Crestwood Terrace, expressed his desire to the Council to be a member of this Commission noting that he does not want jets flying out of Flying Cloud Airport. Mr. Jensen feels he would be a good representative on this Commission from the community. 20 Council Minutes - 10 - Tues.,August 1, 1978 B. Report of City Manager 1. Communication from the School District on Community Education meeting for August 10, 1978 Councilman Bye volunteered to attend this meeting. C. Report of City Attorney No reports. D. Report of City Engineer 1. Consider bids for sanitary sewer improvements on Eden Road, 1. C. 51-320 MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 78-136, awarding the bid for sanitary sewer improvements on Eden Road, I.C. 51-320 to Northdale Construction Company, the low responsible bidder, in the amount of $95,275.00. Roll Call Vote: Meyers, Osterholt, Bye, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Final plat approval for Amsden Hills 3rd MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-139, approving the final plat of Amsden Hills Third Addition. Motion carried unanimously. VIII. NEW BUSINESS ' A. Bachman Anderson - A request was made by the Council that Staff prepare a resolution for the next Council meeting regarding the Council's opposition to art Environmental Impact Statement for the Bachman Anderson proposal. Further direction was given to City Planner Enger to check with the Environmental Quality Board as to when this resolution should be presented, i.e., at the August 24, 1978 EQB meeting to be held at the Eden Prairie City Hall. IX. ADJOURNMENT MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting at 1:20 AM. Motion carried unanimously. 2 ec'd g" 1 To: City of Eden Prairie Council We the residents of Atherton Town Houses located at the corner of Mitchell Road and Chestnut Drive in Eden Prairie object to the re- zoning of the land northwest of the corner of Mitchell Road and Scenic Heights Road for the following reasons: 1. The re-zoning to industrial of this site, only one half block from our homes, is not in keeping with the zoning plan in effect at the time of our purchase. 2. Mitchell Road and Scenic Heights are both school bus routes and the small children wait for their buses there. The present traffice count is heavy - often with excessive speed. The increased congestion in- creases the danger for the children. 3. The traffic congestion is presently a problem between 7:30 and 8:30 a.m. because the plant entrance from Mitchell Road is East bound at about the same location as the pro- posed entrance West bound. 4. We feel our city has many areas of commercially zoned un- developed property that could be used by this company. Without moving into a residential area. We also feel that by re-zoning this plot, a president will have been established for land East of this location. 5. The congestion between 5:00 and 6:00 p.m. on Highway 5 and Mitchell Road would become even more difficult. At times it backs up more than a mile now. 6. During the early morning hours Mitchell Road is so con- gested that in the event of a fire or other emergency the equipment would have a difficult time leaving the fire station. The addition of this plant would further compound the problem. 7. Regardless of care, the attractiveness of the plant, or the consideration of the management, a factory across the street from our homes will not be a benefit to our part of the community. We need a place for our children to play. A park would be a great help. We feel that the same kind of encouragement given to a residential developer could result in a residential development in the area, and'could be a benefit to us. The bike paths along Scenic Heights Road are appreciated. We need more of this type of support, and we don't think the addition of Industrial neighbors will be a benefit. asi(s, Page 2 • You have the petitions from Atherton and Hipps areas. We represent more than 100 families that feel strongly about this issue, and if the city finds it necessary to follow through on the zoning Com— mission's recommendation and ignore us competely we will continue our struggle to be heard. ATHERTON HOME ASSOCIATION T. D. Johnson 8351 Mitchell Road Eden Prairie, Minnesota 941-2845 • 2U 4'1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL • TUESDAY, AUGUST 15, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Billy Bye, Joan Meyers, Dave Dsterholt and Sidney Pauly • COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; City Engineer Carl Jullie; Director of Community Services Bob Lambert, and Joyce Provo, Recording Secretary INVOCATION: Councilwoman Joan Meyers PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. PRESENTATION OF AWARD TO THE EDEN PRAIRIE PUBLIC SAFETY DEPARTMENT FOR THE "BEST DRESSED POLICE DEPARTMENT FOR 1978" FROM THE NATIONAL ASSOCIATION OF UNIFORM MANUFACTURERS, INC. Jon Radebaugh, President of Uniforms Unlimited, presented "The Best Dressed Police Department Award for 1978" to the Eden Prairie Public Safety Department, along with a check for $300.00 to the Eden Prairie Crime Prevention Fund. • Publ"^ Safety Officer John Conley accepted the award and check on behalf of the Eden Prairie Public Safety Department. II. CONSENT CALENDAR A. Payment of Claims Nos. 1094 - 1264 B. Resolution receiving 100% petition and ordering preparation 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., and ordering (Rreparation of feasibility report for sanitary sewer extension, I.C. 51-332 esolution No 8 147) D. Resolution requesting D.O.T. to make intersection improvements at TH 5 and Mitchell Road (Resolution No. 78-148) E. Set Public Hearing date of September 5, 1978 for cul-de-sacing Creek Knoll Road at T.H. 169 F. Receive petition and set hearing date of September 5, 197B for changing "Darnell Road" street name G. Final Plat Approvals Norman Addition (Resolution No. 78-149) Raven Ridge (Resolution No. 78-150) 2U • Council Minutes - 2 - Tues.,August 15, 1978 G. Final Plat Approvals (continued) Tamarac Woods (Resolution No. 78-151) Prairie East 4th (Resolution No. 78-152) Prairie East 6th (Resolution No. 78-153) MOTION: Osterholt moved, seconded by Bye, to approve items A - G on the Consent Calendar. Roll Call Vote: Osterholt, Bye, Meyers, and Penzel voted "aye", Pauly "abstained". Motion carried. III. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation to rezone from Rural to RM 6.5 & preliminary plat approval (Resolution No. 78-106 and Ordinance No. 78-31) Continued from 7/18/78 • City Manager Ulstad explained the proponents are prepared to outline their proposed changes to the Council. Ulstad further noted that Staff has not had a chance to review the changes as they were received last Friday afternoon. Jim Ostenson, Hustad Development Corporation, spoke to the site plan, noting what Hustad has attempted to do over a period of weeks or months. After initial presentation to the Council and Planning Commission, and after meeting with the residents of Prairie East, Sherwood and also RanCon, Hustad has attempted to provide as much buffer as they can. There are some restraints on the property in doing this - one is a pond and the other is a 4.3 acre park in which they are trying not to encroach on. There will be a 25 foot natural area which would remain in its present form for BanConand Hustad will provide additional plantings and screenings in that area. Initially, Mr. Ostenson stated, Hustad was proposing 60 units and they are now at 52 units. The townhouses will be built by Windsor Corporation in the $6O,0OO - $70,000 price range, or perhaps inthe low $80,0D0 price range. City Planner Enger stated he could not see any difference from the plan submitted as of July 31, 1978. Meyers commented that the plan dated 6/5/78 and 7/31/78 are identical. Ostenson explained they have mainly gone back and looked at the soil tests and also looked at extending the property further into the pond and they have determined this can't be done. Therefore, since the last Council meeting, there have been very little, if any, adjustments. Osterholt reiterated his feelings that 25 feet is hardly enough of a buffer for the single family homes. Ostenson replied the 25 foot buffer was suggested by the residents in the area. Further that Hustad has always approached this site as a multi- family medium density site,and they are trying to live up to their commitment to different house types to protect the integrity of the PUD. Osterholt commented if the residents had a choice of a 125 foot buffer area in comparison to a 25 foot buffer, the residents would take the 125 foot buffer. Osterholt further questioned the placement of the sign on the site. Council Minutes - 3 - Tues.,August 15, 1978 A. Prairie East 7th (continued) Ostenson explained the sign was placed on the site, however, it did not face towards the BanCon area. Bob Kurland, 101136 Laurel Drive, expressed the following concerns: 1) disappointment in Windsor Corporation and the Planning Commission as some of the residents had asked to be notified as this project progressed, and they have never been notified, 2) Children have no place to play until the area is finished down below - being a taxpayer he would like to have his children have someplace to play, 3) Hustad was asked to clean up the area and nothing has been done, in fact, it has gotten worse, 4) there are elm trees which Hustad has been notified to remove and they have neglected to take the trees down, 5) would like the park to be public and not private, and 6) 25 feet between homes isn't very much. Mr. Kurland requested that the Planning Commission and proponents meet with the people living there now and see what the residents want. David Moore, 10081 Laurel Drive, agreed with all of Mr. Kurland's comments, and reiterated cooperation to get everything cleaned up in the neighborhood has been very poor. Ostenson explained the plans for drainage have been completed by Hustad's engineer and approved by City Engineer Jullie. Hustad has received grading permits from the Watershed District and material is on the site as well as equipment. Should be starting tomorrow, weather permitting. The drainage problem will be taken care of before any improvements are made on any of Hustad's other projects. Bye asked if the soil tests make it impossible for Hustad to adjust the alignment. Ostenson replied in the affirmative. Bye further questioned if Staff agreed that the alignment couldn't be adjusted. Mr. Ulstad replied it is possible to build on peat, however,it would help if the soil borings were submitted to Staff to then go through these conditions and discuss same with the proponents. Bye inquired should the soil tests prove alright, would Hustad be amendable to an adjustment. Ostenson replied the whole thing comes down to dollars. As a developer Hustad is willing to do anything, but the question is can Windso. stand the price. When units are taken out after awhile it gets too expensive and you don't have a feasible project. Further Mr. Ostenson stated, that is why single family does not work in the site under consideration. MOTION: Osterholt moved, seconded by Meyers, to refer this item back to Staff for review based on the information submitted to the Council this evening. Further that an opinion be requested from Staff on public vs. private for the park. Direct staff to renotify abutting property owners of this continued Public Hearing to the September 5, 1978 Council meeting. Motion carried unanimously. Council requested that the proponents, both Hustad and Windsor, meet with residents in the area so that fresh input can be received from the residents. .2oW Council Minutes - 4 - Tues.,August 15, 1978 B. Transportation alternatives for northwest corner of Trunk Highway 5 and County Road 4, Luther Way, Heritage Road, West 72nd Street, proposed Valley View Road City Manager Ulstad explained that the Council requested this item be referred back to the Planning Commission for a Public Hearing and their recommendation be forwarded to the Council, and that a Public Hearing before the Council be scheduled. This has now occurred. The Planning Commission has reviewed this entire area and they do have a recommendation for the Council. City Engineer Jullie spoke to memo dated August 11, 1978, regarding the recommended street system for the Round Lake Area. (Attached as part of minutes) Director of Community Services Lambert spoke to his findings in reviewing the LAWCON grant application and its effects, and displayed graphic of the Round Lake site showing the southern route. Lambert explained that Mr. Clausen of the State Planning Agency informed him that the southern route would definitely eliminate the '77 LAWCON grant which is in the amount of $134,000.00. Councilwoman Pauly explained she agreed with the overall idea, but thought Luther Way is too long and too straight, and wondered if it would be possible to change the road so that it would not come straight across. General discussion took place regarding limiting of Luther Way traffic to a one-way at certain hours of the day, and City Engineer Jullie spoke to the traffic counts taken at two locations: 1) just 50 feet west of County Road 4 - average daily trips of 377 during weekdays, and 2) west of the Church entrance but east of the nursery school - average daily trips of 280 during the weekdays. Dick Anderson, 14208 Charing Cross Road, and member of the Parks, Recreation & Natural Resources Commission, requested Council's consideration of a parkway road system. 8elieves a very important thing has been left out and that is the recreational needs of the people of the community. Ken Geason, 7621 Atherton Way, feels there has been no concern shown for people on Heritage, Kilmer and Atherton, and his area is looking for an access east. David Pavelka, 16725 Luther Way, offered a solution to this long stretch of Luther Way, which is to revert it back to a deadend. Mr. Pavelka presented a petition to the Council to be entered in the record. (Petition attached as part of minutes) Mrs. Kundel, 17491 Kilmer Avenue, questioned if speed bumps would be a practical solution on Luther Way, and that people in her area have the problem of getting out to Highway #5 during the rush hours. Jul lie explained Staff has looked at speed bumps and recommendations by traffic engineers and by the Public Safety Department are to not use such devices for speed control on public streets. Council Minutes - 5 - Tues.,August 15, 1978 B. Transportation alternatives (continued) Don Peterson, 7025 Mariann Drive, spoke in favor of Alternate 10, as he feels it is an excellent plan. Charles Mills, 7640 Atherton Way, believes the primary consideration and practically the only consideration in his neighborhood is the lives and safety of the people that live there. Mr. Knauss, 17221 Park Circle, questioned if Luther Way were extended and the Savryn property was developed, would sewer and water have to come through Luther Way at that time. Jullie explained sewer and water does not have to come through Luther Way to serve Lake Trail Estates (Savryn property). Mr. Geason stated people in his area have never suggested that Luther Way should not have what they want, however, his area wants an alternate way out of their area and Alternate 10 offers them nothing. Jon Westlake, 7710 Heritage, asked if the Council had reviewed the petition presented to the Council earlier. Mayor Penzel responded that the Council has reviewed the petition in question, and also asked that this petition be made a part of the record. City Manager Ulstad read the petition as submitted. (Petition attached as part of minutes) Owen Anderson, 17220 Parkview Circle, questioned how many homes will ;t there be in the Heritage area that would be limited to 2 accesses. Jullie responded there were a total of approximately 150 units, a-4 figuring about 8 trips per day per unit on the average,would be about 1,200 trips. Further, if there were no connection, then the accesses would be Highway 5 and Valley View Road. Mr. Boen, 7760 Heritage Road, stated if the Council does pass on the suggestion that was put forth by the Planning Commission, he would like the Council to delete the recommendation for a one-way during the morning hours. He believes it takes out one of the major benefits they have. Only problem he can see is that the people on Luther Way would prefer to live on a cul-de-sac, but it looks like all the facts would point to a through connection. Paul Martin, 7691 Atherton Way, asked that the Council strongly consider a bike path. Mrs. Pavelka, 16725 Luther Way, questioned if it would be possible for the Highway Department to approve of a stop sign at the Luther Way connection as it is so close to the one on Highway #4 and Highway #5. Jullie explained it would be difficult to have a signal in such close proximity to have q. efficient movement. Mr. Westlake consented that the Planning Comnission and Staff have studied this area several times and the one they are looking at seems to make the most sense. Robert Jakubowski, 17299 Park Circle, asked for a definition of the one-way traffic suggested by the Planning Commission. Jullie spoke to the recommen- dation of the Planning Commission as per minutes dated July 24, 1978. -1l 3 :ouncil Minutes - 6 - Tues.,August 15, 1978 B. Transportation alternatives (continued) Pauly questioned how a one-way out for certain hours only could be enforced. Jullie explained it would be difficult to enforce and suggested that if indeed problems do develop for the residents on Luther Way, it would be an option to make it a one-way street. MOTION: Bye moved, seconded by Meyers, the affirmation of the Council in their transportation program of the direct route for the Valley View Road alignment through the Round Lake area per City Staff's recommendation. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Alternate IA (A-1) as recommended by the Planning Commission and Staff, with the addition that Luther Way not be a direct route and that the connection to Luther Way be a temporary one which would be terminated when the city could provide a Northerly access to Valley View Road and/or a traffic signal at one of the roads exiting onto Highway 5. Further that the staff contact the Minnesota Department of Highways regarding the signal request. The staff is also directed to address themselves to the potential speed problem on Luther Way. Osterholt, Bye and Pauly voted "aye", Meyers and Penzel voted "nay". Motion carried. Meyers explained she was not in favor of making the connection west of Luther Way a temporary thing contingent on others. Is more in favor of permanently adopting the street system with the street interconnection of neighborhoods as recommended by Staff. Pauly felt we would be better off if we would review it at a later date. Believes it is a good idea to look at it again once the roads are in place. Mayor Penzel concurred with Pauly, commenting if it were left for future review it would be wiser, recognizing the temporary nature until such time as that review has taken place. Osterholt thought the Council should put themselves in the place of the residents on Luther Way as they do not want a decision that is permanent. Believes it satisfies both sides of the question. C. Anderson Lakes Parkway Apartments by The Preserve, request to rezone approximately 9 acres from Rural to RM 2.5 for 126 rental apartment units City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing, and all affected and abutting property owners have been notified. Doug Moe, Doug Moe Architects, spoke to the proposal and answered questions of Council members. City Planner Enger spoke to the unanimous recommendation for approval by the Planning Commission subject to Staff recommendations dated July 5, 1978. Further that the Parks, Recreation & Natural Resources Commission reviewed this item at their August 4th meeting and recommended approval on a 5 - 2 vote. Meyers questioned the long-range intent for The Preserve's horse operation. 1 Council Minutes - 7 - Tues.,August 15, 1978 C. Anderson Lakes Parkway Apartments (continued) John Gertz, The Preserve, explained their intent has been to make the stables an interim land use as it is a multiple site. Further Mr. Gertz commented that the stables cannot be operated as a profitable busines and may exist for another year. Meyers felt the map used to show residents and potential residents is misleading as far as the property where the stables are located. George Bentley, 10800 Fieldcrest Drive, asked Mr. Moe when he met with The Preserve Homeowners Association, was it a general meeting or an executive committee meeting. Moe responded it was an executive committee meeting. Bentley commented the executive committee does not truly represent the homeowners of The Preserve, it represents the interests of the developer. The executive committee meetings are not open to the public. In fact, the homeowners don't even know about the meetings. William Steinbicker, 9152 Neill Lake Road, stated that in asking questions of The Preserve he was told that the stables were operated privately but no one told him that the stables were not part of The Preserve Center,which the homeowners support by yearly dues. Steinbicker commented The Preserve is going to be tearing down the stables next to the pool and building Neill Lake Apartments, across the street is Windslope, then Anderson Lakes Apartments, the Ridgewood condominums, and another apartment building between The Preserve and Neill Lake. The Preserve is going to have a miniature downtown Minneapr1is. The people who bought in The Preserve did not have this type of development in mind. When things like this are developed, it destroys the whole promise that so many of the people bought when they purchased homes in The Preserve. Bruce Anderson, 9130 Neill Lake Road, assumed the stables were part of the package deal. Further that if the homeowners don't pay their dues a lien is put against their home. Linda Drase, 9125 Neill Lake Road, explained she bought a home in The Preserve because it was a different area. At the time when she bought she asked a lot of questions and came away thinking The Preserve was quite different. The entire character of being rustic and open was not supposed to change, now 1 1/2 years later she is grossly disappointed. Mrs. Drase stated a lot of the residents did not know the stables were going to be an interim use, and if the stables were such a bad idea in the first place why did The Preserve even start them. Mr. Gertz explained The Preserve didn't start the stables to lose, it just happened. There is no way The Preserve can make a profit on the stables. Mrs. Craig, 9194 Neill Lake Road, stated she moved into The Preserve to be close to her horse. There are many stables around that are operating at a profit and she cannot understand why The Preserve's stables cannot operate at a profit or at least break even. I Council Minutes - 8 - Tues.,August 15, 1978 C. Anderson Lakes Parkway Apartments (continued) • Mr. Retterath, 9011 High Point Circle, stated the residents have all 4 had the impression the stables was one of the amenities. Further that after seeing all the confusion in rental properties in City of Minneapolis, wonders how The Preserve will be able to handle rental units. He is really in dobut as to the good faith of The Preserve. Also apprehensive about the traffic flow. Feels each and every step of this project should be monitored carefully. Mr. Steinbicker commented that a lot of the development that is going on f! in The Preserve is excellent. All the residents are asking is that the )' concept or promise of this type (stables) of recreational area and rustic setting be kept. Barb Bergren, 8705 Bentwood Drive, stated the barns and stable were never #. mentioned as an interim thing when they were buying their home in The ' Preserve. Don Pennie, 9154 Neill Lake Road, asked if the $60.00 dues paid to The Preserve includes the use of the marina,and asked Mr. Gertz if The Preserve has been advertising the use of a marina in recent promotional pieces. Mr. Gertz replied they have advertised a marina, however, there have been problems with weeding of Neill Lake so the marina has not yet been completed. Mr. Pennie questioned the use of Neill Lake for this type of a facility. s; Mayor Penzel requested Mr. Gertz, Mr. Pennie and Staff review the Shoreline Management Act to see if there is a conflict. Pauly stated her inclination is to continue this item for a couple of reasons: 1) have staff research as to the commitment the City has with The Preserve, and 2) clarify the new updated Guide Plan as to the • densities. Pauly felt there has been no attempt on the part of The q; Preserve to work with the neighbors on this project. Feels a lakeshore site like this deserves input from the people around it. Osterholt asked that The Preserve prepare an undated plan for this area and take off areas that are there for window dressing and call it what it is so the Council can look at an overall plan. Further Osterholt directed Staff to take the entire Preserve area and take areas that are sensitive, and meet with The Preserve and go over areas for that reason. Feels density is too high. Would prefer to see a lower density. Meyers also agreed that a meeting with the neighbors is necessary and expressed her extreme disappointment about the misrepresentation to people who are living in The Preserve. Penzel commented he would like to see consideration be given to a modification of the proposal to be more in line with what the 1978 update Guide Plan speaks clearly too in the 6 - 10 units per acre density range. Also feels the proximity of the southern units to the lake is too great. )v., Council Minutes - 9 - Tues.,August 15, 1978 C. Anderson Lakes Parkway Apartments (continued) MOTION: Pauly moved, seconded by Osterholt, to continue the Public Hearing on the Anderson Lakes Parkway Apartments to the September 5, 1978 Council meeting. Motion carried unanimously. IV. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission Duncan Laidlaw, Chairman of the Human Rights & Services Commission, spoke to the recommendation of the Commission wholeheartedly supporting the philosophy of Storefront, however, not recommending the City contribute the 56,500 as requested by Storefront. Mr. Laidlaw distributed a brochure entitled "Proposal for a comprehensive study of human services needs in Eden Prairie; dated August 14, 1978 and prepared by the South Hennepin Human Services Council. MOTION: Bye moved, seconded by Meyers, to refer this matter back to the Human Rights & Services Commission for review and recommendation. Motion carried unanimously. V. ORDINANCES & RESOLUTIONS A. Resolution No. 78-144, appointing election judges MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-144, appointing election -judges. Motion carried unanimously. B. Resolution No. 78-142, in support of the Bachman/Anderson Office Development Proposal North of Anderson Lakes MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-142, in support of the Bachman/Anderson Office Development Proposal North of Anderson Lakes. Motion carried unanimously. C. 2nd Reading of Ordinance No. 78-38, C.P.T. Corporation Headquarters, rezoning from Rural to I-5 Park, and developers agreement MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading to Ordinance No. 78-38, C.P.T. Corporation Headquarters, rezoning from Rural to I-5 Park. Osterholt, Pauly, Meyers and Penzel voted "aye", Bye "abstained". Motion carried. MOTION: Meyers moved, seconded by Osterholt, to approve the developers agreement for C.P.T. Corporation. Meyers, Osterholt, Pauly and Penzel voted "aye", Bye "abstained". Motion carried. D. 2nd Reading of Ordinance No. 78-37, Creekside Heights by Hustad Development, rezoning from Rural and I-2 Park to R1-13.5 and I-2 Park, and developers agreement Council members directed questions to Dick Putnam, representing Hustati Development Corporation, as to the signatures on the developers agreement, and also asked who the Pioneer Partners are as referred to in the agreement. As questions were not fully answered to the satisfaction of the Council, the following motion was made: Council Minutes - 10 - Tues.,August 15, 1978 D. 2nd Reading of Ordinance No. 78-37, Creekside Heights (continued) MOTION: Meyers moved, seconded by Osterholt, to adopt the 2nd Reading of Ordinance No. 78-37, Creekside Heights, rezoning from Rural and I-2 Park to R1-13.5 and I-2 Park, withholding publication until the developers agreement is legally executed to the City Attorney's satisfaction. Motion carried unanimously. The following amendments were requested to be made in the developers agreement: page 3, 2nd paragraph of item 8, City Attorney to work out new language; page 4, item 15. D. 3., add "for garage" after "5 feet"; and, as stated above, that the developers agreement be legally executed to the City Attorney's satisfaction. Motion carried unanimously. MOTION: Pauly moved, seconded by Osterholt, to approve the developers agreement for Creekside Heights as amended. Motion carried unanimously. City Manager Ulstad stated that based on the action taken by the Council, the proponents are requesting a permit to erect two model homes. MOTION: Osterholt moved, seconded by Pauly, to grant a permit to Hustad to erect 2 model homes subject to the City Manager's approval. Motion carried unanimously. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Councilwoman Meyers made the Council aware of an upcoming special Cable TV meeting. B. Report of City Manager 1. Report from Public Safety Department on Park Ordinance No. 77-22 Public Safety Director Hacking and Sergeant Bob Tyson spoke to report '. dated August 10, 1978 as submitted to Council members regarding the use of Ordinance No. 77-22, and answered questions of Council members. Sergeant Tyson explained they have received no complaints from citizens on the use of Ordinance No. 77-22,and the ordinance has worked as intended and has reduced the number of parties. 2. .1977 Audit Report MOTION: Osterholt moved, seconded by Meyers, to receive and file the 1977 Audit Report. Motion carried unanimously. 3. Discussion on carbide cannons General discussion took place regarding the use of carbide cannons in Eden Prairie, and the complaints which have been received. City Attorney Pauly stated the City's tools are limited and we do not have an ordinance which would apply. \ Council Minutes - 11 - Tues.,August 15, 1978 3. Discussion on carbide cannons (continued) Council directed the City Attorney to communication with residents in the community who are using carbide cannons, and inquire as to what the agricultural laws are pertaining to same. C. Report of City Attorney No report. D. Report of Director of Community Services 1. Joint Master Plan for Anderson Lakes Director of Community Services Lambert requested that this item be continued until all agencies involved are able to get together. .P. MOTION: Osterholt moved, seconded by Bye, to continue the Joint Master Plan for Anderson Lakes as per Bob Lambert's recommendation. Motion carried unanimously. 1 2. Tennis Court Plans and Specifications/Prairie View & Round Lake Council directed staff to secure an agreement in writing from the School District allowing the City to put tennis coin-ts on their property before the construction of the tennis courts. MOTION: Bye moved, seconded by Pauly, to authorize staff r: to advertise for bids for construction of two tennis courts at Prairie View School/Park and two tennis courts at Round Lake Park. Motion carried unanimously. E. Report of City Engineer 1. Preliminary plan approval for traffic signals at TH 5 and W. 78th Street, S.P. 2701-22, I.C. 51-327 MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution �. No. 78-144, approving preliminary plans for traffic signs at TH 5 and West 78th Street. Motion carried unanimously. 2. Resolution declaring costs to be assessed and ordering preparation of proposed 1978 special assessment rolls and setting hearing date MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-145, declaring costs to be assessed and ordering preparation of 1978 special assessment rolls and setting hearing date for September 19, 1978. Motion carried unanimously. 2c;c7 Council Minutes - 12 - Tues.,August 15, 1978 VII. NEW BUSINESS f. '4 A. Councilwoman Pauly requested a resolution be drafted and placed on the September 5, 1978 Council agenda requesting the Highway Department to proceed with plans on Highway #212. VIII. ADJOURNMENT MOTION: Pauly moved, seconded by Bye, to adjourn the Council Meeting at 12:35 AM. Motion carried unanimously. r. .1 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): I. Luther Way Extension Luther Way should be extended westerly in accordance with Alternate IA (which has been incorporated in Exhibit A), thus providing an .200 - 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 1. ( 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 E, 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 coin- 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: 202 - 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, watermain 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 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 - 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 approava; Lu 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 sunnier of 1979. 20)4 • •(:\ ,-----, ,r:,,,./), .[4_14_ - -,'--1- _i_i_i -- . .... _ , )ii 1 ''','/' r D ` F VI 3 r IIII ',.. _.4. . N., Al :j; ea. / ...... kA : --•.::.a , .., . :. ...: .. k, t ..., v . .1,, ‘ .. ..... ,0,4•••1... - • •,.tilt'° Loss... : g_us- r„. „4„-- . .:•., ..... ... . •..,..• . .. ....... .. .. ' ig...ai Wit • 1 - *OK -i11ui11111 ,i°i Mil 1i . . / r '7(niUi \ Illr--. ', '..-' .D 111 Gam _ ar \ • oili. PI � • _ a I 1 oa-- .14. \ .41.- /,� 4 4 Piiii, . ill AM"! —- ---1. .. .. {l_ I,'. y,_ _ o A,L - n ' �I . . f n - ..4 a' EXHIBIT' A __-== J i i - 11 --1- .-.-. Cri.3, 11_" oa`oi—�-- \\ 1 1 r . -cif: ;1 . t • o U `0 I -o {I — T O Z ec O a C..) u W > 'o O I- 1- r W o ' W W j' r o y I-.- z o U .Mo0ia 0Q Q� NNU O O - 000 -w- -1 cc oao T -.. U giI- V w o oo n Q mud z l} o f Y- . 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S • ls ( n ,• PROPOSEDTECHURCH 1 r 1 SI June 28, 1978 TO: THE MAYOR AND MEMBERS OF THE EDEN PRAIRIE CITY COUNCIL RE: REZONING AND REPLATTING OF THE LAKE TRAIL ESTATES Attached is a petition signed by residents of Heritage Park First Addition and Round Lake Estates First Addition. There is presently one ingress and egress to these additions. The Plan is for another access onto Highway 1i5 off the proposed Lake Trail Estates which will tie in with Heritage Road in the future. With the predominant number of residents using Heritage Road turning East onto Highway#5 due to work, school and services, another access onto Highway #5 does not remedy the problem because of the ever- increasing saturation on Highway #5. The residents strongly believe that because of the aforesaid, the best solution is an access to the East to County Road#4, preferably connecting with Luther Way. 1. There has to be an access to the East before any additional construction brings more traffic onto Heritage Road. 2. The residents who attended the August 16. 1977 City Council meeting were told they would have an access to the East before any additional construction was done. 3. The question is why is the present proposal not connecting with Luther Way. 4. A proposed Plan for access to the North does not solve the problem be- cause most of the residents exiting Heritage Road go East on Highway #5. The best solution is for access directly to the East to County Road #4. 5. What if there is an accident on Highway 15 or Heritage Road and there is an emergency in the area such as a fire or need of an ambulance or police assistance? There has to be another access to the area. Access from County Road 04 directly West would insure that the emergency vehicles could get through to the area in the least amount of time. 6. The area was not notified when the proposed street plans and utility designs were discussed. 7. The concern is with future development in the remaining open areas, and because of this, the most sound planning is access to the East to County Road #4. 8. The proposed access to Highway#5 from Lake Trail Estates during peak traffic will be almost impossible because of the stacking of traffic in the East bound lane at the semaphore on County Road #4 and Highway #5 and then the semaphore release of the West bound traffic. Iv 4 ' ; 11Ij1 * I C6� Iwl 1 wgv • x j • zbb jj “` ��x1 , a iHHJ4 Jill 0 0 � c q, C_. {�- 1:- T cc v \ ry \ vo f \ r r ~ N v 0.N. C p \ \ r- 6 vc c% u 6 > ax i v Na `jl r1 r LIir: `1 1 (. ,�7- _` a"z • l,sor 4 x� . -.1—\ .5,3 L\ ., 1' ' ' ooks ' - • l!ii . N+ , r - • E Oyu . •.',.. e a A ` 6 a& N i so II ' . t r:ii ,z,. '' ''' t 1/4 '' • ° .IPIP i Vii iZlg ► i• . '"" a 4 Oist e �f �qpf 9.3 ij C... ��� la % \ % ! , 01, *4\ N'S t fl L `«f Eifi $ g � �\. - \ iiT.g ! \ ' .., $ \ • �� ' ■" . , ' ' / fl!i,1 i!E { � • '|7 sr !2 k 4 « $ & & > • E & � ` ik ; x \ k \ K % a , tN , . . % , • (III kk© © l eo - : bjj 3 , � ` c & • 1 } ! i It . • il .. § cs• c•.. it vs -..s -.... 7.1 i''' u: t g , 6z1 g Vzi 1..< itlE - p-I..g. • _ _ k -,1 Z :.. %'''' 1.z.", - - • „Z .,- ; -,,•:,. -4.'"1 7 -,1' k.t tn , . , ,...<„, .,1 N N -. . •.. t--, .., i I 11' .00 i \ • •- tA t a,71; . . ,• .'. .4:21 ' N.— .' ' \‘'.-..-:- ,____I;. (_-. .--,,,..-• .-... ---- , .• gE; 'N, ' • ; -- ------ --- ' piq t,.. kl,Ik -',... i• •• C::-. -....._ ... . \' . ;11:i..2 R°I- sei\ N - .„..,:' -.........: .,_‘..... 5.---: _A., , • . . '.1 C'''',-•,',.. - .' ..,..1: .. '-`-- ...., • 0K45, . i, CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 5, 1978 CONTRACTOR (Multi-family & Comm.) FOOD ESTABLISHMENT - Resturant Cornell Corporation Canteen Company of Minnesota Crosstown Baptist Church Country Kitchen L. L. Dysart Construction C. F. Haglin and Sons Co. RETAIL CANDY OUTLET W. L. Hall Co. Kraus-Anderson if Minneapolis, Inc. Morrow's Nut House Lovering Associates, Inc. Prairie Motel Naugle-Leck, Inc. Rainbow Mechanical, Inc. VENDING MACHINES CONTRACTOR (1 & 2 Famliy) Christopher Harrison Prairie Motel Durabilt Associates, Inc. Hastings Building Co. Kraemer Const. Sager Construction, Inc. Wars & Associates PLUMBING Hovde Plumbing & Heating Northland Mechanical Contractors, Inc. John Ruckh Plumbing Town & Country Plumbing CIGARETTES & TOBACCO Prairie Motel The Wye Cafe HEATING & VENTILATING Narkie Heating & Air Cond., Inc. These licenses have been approved by the department head responsible o th�ep licensed a- iv�ity/ �.y Rebecca Quern moen, Deputy Clerk 2092, s MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: Sept. 1, 1978 SU8JECT: Street Right-of-Way Vacation Eden Road and W. 78th St. The proposed right-of-way to be vacated is no longer needed for road purposes. Eden Road has been relocated with the upgrading of T.H. 169. The proposed vacations were anticipated during the negotiations for the T.H. 169 ease- ments (I.C. 51-266) and are stipulated in an agreement between the City, Jesse Schwartz and Cal Anderson, dated August 20, 1978. Recommend adoption of Resolution No.78-162, setting the hearing date for October 3, 1978. CJJ:kh • 'Sept. 5, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-162 RESOLUTION SETTING HEARING FOR VACATING PORTIONS OF EDEN ROAD AND WEST 78th STREET WHEREAS, it is proposed to vacate certain portions of old Eden Road and W. 78th St. R/W which are no longer needed for road purposes and which are legally described as follows: (See attached Exhibits I and II) NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. A public hearing shall be held on the 3rd day of October, 1978, at the Eden Prairie City Hall to consider the vacation of said portions of old Eden Road and W. 78th St. 2. The City Clerk shall give proper legal notice of ouch hearing as required by law (2 weeks published and posted notice.) ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk N . .4.•4 L I \ i Li— / 1c I8l4 ; A JI -\ 71.1in rj'1ootia �P. 3��,�' I7 5 / • re --Pc the 1Ad aTEP < /, ��� k asp Vp�/ . 9 c.oB 53s Rcp'' . •Ln �'',• G P.- Rc ; / ` • �y i 509'oa 3svJ- ; 148.34 a t'. d :,,,,,,, Zt �+�•o. NSW [�131.T �'0 t. 1, ,i Of 4Ef 1 a4' S ,&. p5 ar'r,G� L . .1 ( It it;G'0`� rD a K d`� ,. „. .N F'l� c �[ . • • I Q '...... "'ft.\ • ''4.1"..- • ,rt Acfr ..1 r •,..-. 4i. o. f.,..-• (fp, 610, ---''''s-..›.....'• 074 ,• --„,..... 7,-..,,,,•,,../--:— --- -" -- • tt ,.. . / '-: 43'1 e0 t• Zp Oc. ki)11 ..... ....'""--,..,..,_. ,:e9...„... . .,_ ..\,,,,,,.,•4,,...,,-...e.s.oIN.,.,.,,v..,,‘4-.%4..\1.,.c•iE,.t, .... I ' , , . ,,1Si -, c1 . L,,,,•,...,,,,. ,..,.. 7"v t•-•. "1,....„ • VITA:.•••„ •••N,I ' z.P4.-r,---<.§. -9 - ..s. ,•p.,*:.-,..i.,. ,,,,,,,,,, ,.• - ,... , ., • -,;ig,,%•:,404,•,.... •• • .• ..,..:..,.4c ..!..:..:,',,...•... S• .• . ,,, \k .. • .. . . I , ., .,. ,t..,,,,,.-7'''' \I.hiPi•,': '.... • / , ) . `To ?:;• . Vikei4TE4P:"'"?.. 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Sept. 5, I978 :t 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-164 A RESOLUTION APPROVING FINAL PLAT OF MILL CREEK 6TH ADDITION WHEREAS, the plat of Mill Creek 6th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DF EDEN PRAIRIE: A. Plat approval request for Mill Creek 6th Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 31, 1978. B. That the City Clerk is hereby diyrected 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 certividate 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 OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City MaNager FROM: Carl Jullie, City Engineer DATE: August 31, 1978 SUBJECT: Mill Creek 6th Addition PROPOSAL: Hustad Development Corporation is requesting City Council approval of the final plat of Mill Creek 6th Addition. This ad- dition consists of 5 townhouse units in the cluster. This is a replatting of Outlot F, Mill Creek 1st Addition, located south of Pioneer Trail and West of Purgatory Creek. OUtlots A and B will be replatted as the phasing continues HISTORY: The Mill Creek PUD concept plan was approved by the City Coun- cil on March 27, 1973, per Resolution No. 668. The preliminary plat was approved March 27, 1973, by the City Coun- cil through Resolution No. 669. Zoning to RM 6.5 was approved by the City Council April 10, 1972, per Ordinance No. 135. The final plat now submitted for approval conforms with the approved preliminary plat. VARIANCES: A variance 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 will be neces- sary. UTILITIES AND STREETS: Sanitary sewer, watermain and storm sewer have been installed and approved within the development. Concrete curb and gutter and bituminous paving will be installed in accordance with City Standards. PARK DEDICATION: No public perk or open space dedication is required under this platting. BONDING: The City will not be responsible for roadway maintenance within the plat, therefore no additional bonding will be required. _ 2 RECOMMENDATION: Recommend approval of the final plat of Mill Creek 5th Addition, subject to the contents of this report and the following: 1. Hennepin County recommendations and approval of plats abutting a County road. 2. Receipt of fee for engineering services in the amount of $150. MJU:kh • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: Sept. 1, 1978 SUBJECT: Resolution No. 78-166 LCA Road Easement Mr. Ulstad and I have had several meetings and discussions with Mr. Robert Robinson of the Lutheran Church in America, regarding the City's continued use of the blacktop road which crosses the easterly edge of their property at the corner of Mitchell Road and Valley View Road. This road was con- structed when the watermain was installed in 1971 and has been considered a temporary road to be abandoned when Hennepin County extends Mitchell Road to Co. Rd. 60 in conjunction with the Crosstown Highway extension. The Church has agreed to sign a new temporary easement agreement allowing the City to use the road, upon assurances by resolution that the setbacks for the proposed church building would not be affected by the road and that the City would not object to the ..losing of the road on or aft:- July 1, 1982, if the owners so desired. Mr. Pauly has reviewed this matter and the staff recommends Council adop- tion of Resolution No. 78-166. CJJ:kh Attachments 2091• Sept. 5, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-166 RESOLUTION PROVIDING TEMPORARY ROAD EASEMENT WHEREAS, the Board of American Missions of the Lutheran Church in America, a Minnesota non-profit corporation, (hereinafter"Board") is the owner of a 3.5 acre parcel of land lying northerly of and adjacent to the intersection of Mitchell Road and the proposed Valley View Road in Edenvale 2nd Addition, City of Eden Prairie, Hennepin County, Minnesota, shown and depicted on the Exhibit "A" hereto attached, and WHEREAS, there had been granted an oral temporary road easement along the easterly portion of said tract, the same being forty (40) feet in width, by Board's predecessor in title to the City of Eden Prairie (hereinafter "City") to provide access between Mitchell Road and Valley View Road, which easement expired July 1, 1975, and WHEREAS, it is needful, prudent and desirable that the City of Eden Prairie continue said temporary easement pursuant to a more definite, formal easement reducted to writing, and that such easement be limited as to time, there being no compensation afforded to Board by City for past use or continued use of Board's property. RESOLVED, that City, for and in consideration of One Dollar and other good and valuable consideration by it paid to Board, hereby accepts, ratifies and confirms the temporary easement for road purposes granted to it by Board by Quit Claim Deed in the form hereto attached as Exhibit "B", said easement to terminate July 1, 1982, and FURTHER RESOLVED, that City shall not apply its setback require- ments or any other zoning requirements in such a manner as to penalize Board for the granting of said easement, and that it will use its best efforts to assist Board in gaining tax exemption for the property devoted to the easement, as well as abatement of taxes, if any, that have been paid by Board on said property subsequent to July 1, 1975, the date when the temporary easement granted by Board's predecessor expired. FURTHER RESOLVED, that on or after July 1, 1982, at the request of the Board, the City shall, at its cost, remove said temporary road surfacing and restore said easement area with topsoil and seeding. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: • �p SEAL John D. Franc, Clerk °1 1 • ,n ew. Form No.3i-M. wraw Co. .n.. , .M ..rwi. »,1,r„hrer.ee. MY.e.ws U.uarw Gever,n.W ahM,la..s.d 9, n,n YLbig 31nacnture, Slade ate_._....._......_..._..................dayy of...._....................... _.._..___. 1978_, between.kloa.rd..of,(lmoricaq„ji,ias,ione of th-gLutheran Church to Amerleas.a.: -� Minnesota non-profit corporation. x;oor arattsMmndM>7hitsaYro axittalsoyk. -____...._.._....-........___,party of the Tuft part.and a eorporatlon under the taus of the Stab of......_.Minaesata._ , party of the wound part, t8itnessetb That the said party of the first part in eons.oration of the suns of Ano..AQ14sy_aodother rood and valuable eonstdcration .........., pgx, to U is hand paid by the said party of the emend part,the receipt whereof le hereby acknowledged. doe.hereby Brant.Bargain,Quibtatm,and Convey unto the east party of the seawall part,its eeeeeuen end assign.,Ferevw,all the treat_._...or parcel........of land lying and bring in the County of _..B.ets.nARLR..............................._...and Stat.of Minnesota,described as fellow.,to-wile A.teenporary easement for road purposes over and across " that part of Lot I, Block I, lying north of the south line of the Northwest Cuarter of Section 10, Township 116, Lange ZZ, I'denvate Second Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles In and for said County. This easement shall expire unconditionally and finally on • July 1, 1982. Said temporary easement is described as follows: Lying 20 feet ore each side of the centerline of the existing blacktop road crossing the easterly portion of said property. O o)9obe ant to iholb the tame, Together silk all the hereditament:and appurtenance*there• unto belonging or in anywise appertaining,to the said party of the second part,ite suecemon and aniline, Forever. • / � 3n trestimonp&fljcttol. The said first party has caused thew presents to be executed la its corporate name by its........................_... President and its......_.._._. ....._.. .and tie eorporat•seat to / be hereunto affixed the day and year/Int above written. • dy------------ --..�........__ ___ —...........�_. )-OaJ� Ste __ • EXIiHIBIT"A" • • 41)4-N LAND CORPORATION • . o, .. __. . _.. - ... .... _ ..__...._... j aor j ,; /43.�0 ... �, IN• 1. ..: I.......4;a. IV:.h a h ; i , (.7...4 -J......., i • �o, I 4a i r 3 C A I : .• r. o I . L Fp. , j Q-sea.. . L •\ / • " V i' 3�;b '" • It dr4.61 t d '•( • \�0 ' .4.2.I,7 t .• N. ,: .....ii . i Cr .4 . Nl ^ )91 C- EXHIBIT"A•• ooti_ 3'01- 9/i9 41 7900 X(RXES AVENUE SOUTH MINNEAPOI 1`i,MINNESOTA 55431 835-5636 August 17, 1978 { Roger Ulshad City Manager City Of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, Mn. Re: Briar Field Estates Dear Roger; We are requesting a public hearing to consider preliminary plat and zoning approval of the above mentioned project. We would greatly appreciate any help you can give us to expedite this matter. If you have any questions or need further information, please contact me. Thank you, Dominic Sciola President DS/bjs tfr 209g a RAUENHORST CORPORATION v � August 31, 1978 Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota Dear Mr. Ulstad: Rauenhorst Corporation requests that the City Council hold a public hearing at its earliest convenience on the rezoning of .493 acres in Opus 2 to permit the expansion of the American Family Insurance Company parking lot. Thank you for your cooperation. Sincerely, ` r / Michele Foster Governmental Affairs Coordinator dm EXECUTIVE OFFICES:2700 NORTHWESTERN FINANCIAL CENTER,7900}%ERXES AVENUE SOUTH,MINNEAPOLIS.MINNESOTA 65431(14Y1111PMN of oq0 aC¢n Wgm¢s Midwest.Inc. Mad en.Ns. Sio.EMUS August 29, 1978 UU29197k Mr. Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Ulstad: Centex Homes Midwest, Inc. requests the Eden Prairie City Council to set a public hearing at their earliest convenient date for re-zoning and preliminary plat approval on Centex' proposed plat of Ridgewood West, which plat has been reviewed and approved by the city's Planning Commission. Sincerely, CENTEX OMES MIDWEST, INC. Timothy R. Eller Assistant Vice-President TRE:aep t8801 Darnell Rd.,Eden Prarle,Minnesota 55343/(812)941-0871 aloe MEMORANDUM TO: Roger Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: August 30, 1978 SUBJECT: Prairie East 7 - Open Space The original Hustad PUD for Prairie East committed to a 6 acre and a 2 acre mini park. The 6 acre mini park was always shown in the location of the 7th Addition. Earlier this year when the Hustad Corporation submitted their proposals for Prairie East 4-9th, they changed their commitment of 6 acres and 2 acres to two 4 acre mini park sites, one located adjacent to Linden Drive in the 7th Addition and the other located adjacent to Prairie East 3rd, 4th and 5th. Both of these parcels were essentially holding pond areas that contained very little open space conducive to active games; therefore, City staff recommended accepting one 8 acre site more suitable for neigborhood recreational use. That site was eventually obtained adjacent to Prairie East 4th and 5th Additions. Many residents living adjacent to the proposed 7th Addition feel there has been a commitment for public open space in that addition. They are requesting that the City accept the outlot in the 7th Addition as public open space. The staff has gone on record recommending the open space remain in private ownership for several reasons: a. It is too small an area to develop into a active use type of park that the neigbhors are expecting (there would be a great deal of conflict between townhouse residents and neighborhood children trying to play softball or baseball in an area less than 200' in width.) b. There will be an 8 acre park less than one quarter of a mile from this site. c. After deleting the 50' backyard for townhouse residents and the pond acreage the "park" becomes little more than a corridor that would be very expensive for the City to maintain. • The City staff still recommends that the open space area remain in private owner- ship to be left as a natural area. The Council could possibly require a covenant on the area allowing public use of the open space. The Council could also consider accepting the open space area as public under a condition that it would remain a natural area. However, it is very probable that the City would receive a great deal of pressure to maintain that area as a manicured neighborhood park. BL:md .. f . ,,d .. ,. deve[Iopment corponrE 4. S September 1, 1978 Er. Ro7er Ulstad City 1:anager City of Eden Prairie Eden Prairie, ilinnesota 55344 Re: Prairie East Seventh Addition Deer fir. Ulstad: Since our last appearance before the city council regarding Seventh Addition, we have attempted to comply with all instructions from the council. The soil tests have been completed and a copy of them given to the staff. `lhile we have discussed the public—privatcontroversy with soma individual representatives of the residents, we have not hr<: a full public meeting with all of the residents. Therefore, I would appreciate this project being continued to September 1.9, 1978 meeting so we can present a united and harmonious front with the residents. I will be notifying several residents myself of this continuance so that the residents are not inconvenienced and, further, it might be good to have this announced at the beginning of the meeting so that they may leave early. Thank you for your kind consideration of this matter. S' ce sonrel i J a Osten J /er 12750 PIONEER TRAIL EDEN PRAIRIE,MINNESOTA 55343(612)941-4383 " ,. „ ,. .. ,.•.'li., 1q,l.',:•r• r,r': •1'•v, lniro•at, 'If. . . l.n. .. I . ..1 , 11,. , . ve• ,.,•t,t...•, n..0 h,u:;ilti: ,t,,. I;,..•.;,• :tt rt!.lr•. r.• ,. .. tr,- I:, , iik • !nr•1 t!. a ? ,•nnr.col? '.n I hn rha,•rtr!j,• and fncl it I, o1• o'i '•nr..a:rni t.v nm! IS ri vial:•:i y 1, _ „I!. :i, t.' ta I ,p::, t•!ilrh ir•••o riven t.o now and potrnt.int 1•..:1m.,,n .•n:tidc:nt:i ,i •rrrntly na Lc:! 1•, c'r1 1',•,:u I.itrr., in tot:- on IIInpin•, n!. Ihre I'.o:v,•v,e :tit r.•, •`tr:r Ihet 0r.l1,n, •,td.,,, ...I h,. 'in ;h,• ,i,.,...1npn••ttt. 1,1a41 runt Ihr,.•,r,,,.r 4P,.p1v :1.•r••t t,t I'n !I...._..'n,•ttt rt:•. ..ra. .•t , 1 t' ;r1 '. •1 I•t,-t of ;hr. i nur riL,•Gt. t„ fur.rh'n t ttnd, et; runt;, 'Ito dr:mini,/ • I'tn n.•. r:h?ir:.'in:, to lnivc t'"•.n r.:t in. t .tt. .'.r . -ale•t, ,•ir.'• nnd rn(ldirl! to ,•n:•,tin an they a-r., an it^a-.•tnnt vi::17•t1 nnd , • - .• i•:•.•tl :"1.''. t,.^ nt..• rol7:,'.._y rot tPutt.p. Gar lC�2• L®S?:1L //37,5 Zelzet e.k/Z/A 1C/� , _r_ii_ /t C1.0 - • z.•C c) ( R ,ew //.3e / <.«r�' xe, Ala jv 1.,A..n )! 3 (.--'..s' " CA Yc</J .A t I bS p t 6 Kate.fr . T 6dP. \ \c t A-p 4,,,r l y/ d.,/ 8-�eae,t, //r/ J J a-7- - Q.. Suz .THC k So A /11413S vk STI/;4� Ae. ,( E t Qc_ xt..C:e dJ 1137-G(�e� c11. 4, 10AI• "✓�t'� s -�t.r z //57s-d), ,itc. =.,0 4. e___._ ..—-- 7/373 l . ),J. ct c ' )3 1iw a4i U Ac� � % 11 39 &I' '711 ,tit- [ccr _ , . / .'?•/// ///5ti/.5- ide21.0"/2. /If C /1/6,7_ d/t. ' p 3 g.s--- 1.0_,,v(A,,,,Q A _, n , 4, : • -KQs U J leQQD t t 3(19 Us\32 tuC Cc C jl ,. 6:27,4-,,,e-... /72Y.l--- [.A-,/..tagw•-..0 /'_/ !/ Udy GccC1C.hUU,t� �i � IS- �' .t D 1 J i 1 ,,1/J.z - 1 pui'r~n� �o r� 'r` n"` `.,"j� � :" ��"rc~ ��nc� rsa ri''in- "e z,.-1 'I' r t/u,nr~�' to t'' oh�rcn�r� 'u� r"ylio: of "vr ' uo��uu/ vxu i3 , "j.';v'.l jo, for all, � The u �� �..uoo m�/�, ,)/iob xero ivao to new unu pot,ot/al Preserve � . reo�d,nts an rocontl7 as lost 'year, and from tlne to time on display l at the rrp�er", Center, shvv the stables, n*ddnob andrin� on the � . . uevvzopmont plpn and therefore imply them to be p*rm,nont fixtures � '!e /vrl u`io was part of the indvcrMoot to pvruhonv and, �� avub ^ � the uvv^lop,r �ms on oulinrtioo to leave tb^m as is " � yo ypnt the otablro, rin: and p �n ~xc� .a./ovx to re �n oa ^ nr no � .,mp^r:aot visoxl rou ,eor,a�iooxl pnrt or our cvua� umw:n°`it�, � . "^ 4. 5. AC Eli 10, u l ` ` lZ, \�"�.` �\,,(- l* ^ - 16. ly. l«, 19'- ------'-- �------- ----' 20,_ �-__---- ,` _---____ ---- -_-'-- �� / :. .... a; oopnnr, rp. .a,., r,Pi'., . of tiv • •, t,... ,. .•ut, :;tru•;r•, {r..{!r.,•: ni:•+. ..}d}r., rrel it. r•ddn inr-.ennely to the ehnr•note,v• and foolinr ^nro::.,:nit.}• and in n vtnurrl v :'u,• all. at.tart.r•d :r-tp^, uhieh ue,.e given to neu and ryt.entinl I•enn••••e. • : r n.:: l,r:.!. ;r::-, r:.d f,•em tier, to tome on di:r lint at the i,rrr...,, p f t e ;:.•ntr.., ;Lar the ::nllr•:3, r.•:!r)oc•t in -int on the d;:v,�lo�u rnt, pinn told tho.•efo,•e i:a'. ' th'o to 1,0 :rl••.r•: r fr•c•i ti:is t':n Wn,•t of thn indur,ersent to pr:.•c}:ncn nnd, no nueh, the I n lni ,. hnn nn �!li^r•!In•, to le;vc: 1 :ern nn to. tto nt', I lnq and pndr.00k to .•rrr•nin ea t.he., n.,•e, nn i,,:no'.tnnt vinrrnl nod . "' :. cin:�' co-rmnity. • • U A•Mtic ili. r1� Vli�c�-�x� .� \ ( § I 2 s f w;h c1 \ At iu, , a .i d yt 1 /L2 '5 2i.,Axml t.'tC • • :)/611 `k Beal August 31, 1978 Mr. Roger Ulstad, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Roger: Please request the City Council to continue the Public Hearing on the Anderson Lakes Apartments from September 5, 1978 to September 19, 1978. The Council was concerned about The Preserve's communication effort with the residents. Accordingly we have called two meetings on August 30th and 31st with the residents to review The Preserve PUD and to explain our plans in The Preserve Center area. We feel there is not sufficient time between August 31st and September 5th to analyze and digest the comments from these meetings and respond to the Council's concern. Very truly yours, THE RESERVE ree Lee W. Johitsbn Vice President - Engineering LWJ/P1 • 011 11111 Anderson Lakes Parkway,Eden Prairie,Minnesota 55344 • (612)941.2001 • DV/1 Fl_ revised 8/30/78 :4 • t1INNESOTA ENVIRONMENTAL QUALITY COUNCIL .ENVIRCNtENTAL ASSESSMENT WORI.SHEET (EAW) AND NOTICE OF FINDINGS • DO NOT WRITE IN THIS SPACE ... _---•..•-_—..--- E.R. (t NOTE: The purpose of the Environmental Assessment Worksheet (EAW) is to provide infor ation on a project so that one can assess rapidly whether or not the project requires an Environmental Impact Statement. Attach additional 'pages, charts, maps, etc, as needed to answer these questions. Your answers should be as specific as possible. Indicate which answers are• estimated. 1. SUMMARY • A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) ©Negative Declaration (No EIS) EIS Preparation Notice (EIS Required) B. ACTIVITY IDENTIFICATION 1. Project name or title pl,lffa !•?Pat. 2 1 Adrritirm 2. Project proposer(s) Hustad Development Corporation .Address 12750 Pioneer Trail, Eden Prairie, Mn. 55344 .Telephone Number and Area Code (612 ) 941-43='3 _ 3. Responsible Agency or Person City of Eden Prairie Address C950 Eden Prairie Road, Eden Prnirien, 'hi. 553L4 •• Person in Responsible Agency (Person) to contact for further information on this EAW: ::r. Chris En^er-Plannin ll_irTclephone 9.':1_2262 4. This EAW and other supporting documentation are available for public in- spection and/or copying at: Locat..on Eden Prairie City H 11 • Telephone 941_2262 Hours 8:C0-h:10 5. Reason for EAW Preparation EMandatory C::togory -cite Petition 0 Other (-J MEQC Rule number(s) I hC 24 (b) (I) (uu) C. ACTIVITY DESCRIPTION SUMMARY 1. Project location 1 .• County Hennepin City/Township name City of Eden Prairie • Township number 116 (North), Ranee Number 22 East or at .(circle one), Section number(s) t>_•4 Street address (if in city) or legal description: IU 2. Type and scope of proposed project: Single family residential subdivision of 207 lots on 112 acres. 3. Estimated starting date (month/year)_Fa11 . 1978 4. Estimated completion date (month/year) January, 1981 5. Estimated construction cost Land develormnnt S1.2 million - total cost of housing estimated in 1978 dollars $19-20 million 6. List any federal funding involved and known permits or approvals needed from each unit of government and status of each: Unit of Government Name or Type of Permit/Approval Status (federal, state, or Federal Funding regional, local) VA - FHA Subdivision approval Upon completion of City review application t b� submitted City of Eden Prairie Zoning approval - Building permi' ending Lower l9n. River Grading &land alteration )Watershed Dist. permit: Pending Riley/Purg. Creek ., a a 7. If federal permits, funding or approvals arc involved, will a federal EIS be prepared under the National Environmental Policy Act? NO YES UNKNOWN II. ACTIVITY DESCRIPTION • A. Include the following maps or drawings: 1. A n-- showing the regional lccation of the project. 2. An original 81/2 x 11 section of a U.S.G.S. 711 minute, 1:21,n0 scale map with the activity or project area boundaries and site layout delineated. • Indicate quadrangle sheet name. (Original U.S.G.S. sheet must be main- tained by Responsible Agency; legible copies may be supplied to other EAW distribution points.) 3. A sketch map of the site showing location of structures and including significant natural features (water bodies, roads, etc). 4. Current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points. Maps attached exhibits 1,2,3 8. Present land use. 1. Briefly describe the present use of the site and lands adjacent to the site. The 112 A. site is currently vacant with past use as crop land over 10 years ago. 3 large single family homes are adjacent to the site with one home located within the site. East of the site is a single family subdivision of . approx. 219 units. A land fill operation is located west of the site owned by Drowning Ferris International. 2. Indicate the approximate acreages of the site that are: a. Urban developed 0 acres - f. Wetlands (Type III, IV, V) 0 acres b. Urban vacant 0 acres g. Shoreland .3 acres c. Rural developed 2 'acres h. Floodplain 0 acres d. Rural vacant 0 acres i. Cropland/Pasture land 104 acres o. Designated Recre- 0 acres j. Forested 6 acres ation/Open Space 2- X)/0'1' ; • I .. . _ ..,...., 1)., , Hi t i I •• ca ....„ ......7101.. CO.,... 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''N,,r•'- :• •-...-.....•-•:e.. i ,:• s ,„. • .. ... 1 .....' ..: s• . -.•- • —I- • ..: .• ,• I • .. . :.• I ... •• . . • . . . 1 • • • ...... • . t . . . , NATION 11,I; '': an r.r.z......-.... ..-r.Z...—.... ....7.---." •.....C.Z.... "'''' V.I4LC•••• VILLaCI, ...... . .....1.....71.--.•:.--1,-,= • ._..._.. , . . ......__—__.. : .. .'• • • 9. List names and sizes of lakes, rivers and streams on or near the site, particularly lakes within 1,000 feet and rivers and streams within • 300 feet. Minnesota River south of site approximately 280'. • C. Activity Description 1. Describe the proposed activity, including staging of development (if any), operational characteristics, and.major types of equipment and/or pro- cesses to be used. Include data that would indicate the magnitude of the proposed activity (e.g. rate of production, number of customers, tons of raw materials, etc).Development of the single family residential project is expected to begin in Fall 1978. Normal site grading, underground utility installation, street construction and home construction will be activities necessary for project completion. The first phase anticipates about 75 to 100 units/year constructed. 2. Fill in the following where'applicable: • a. Total project area 97 acres g. Size of marina and access n/a sq. ft. or channel (water area) Length n/a miles h. Vehicular traffic trips generated per day 91z6 ADT-• •b. Number of housing or recreational units 197 i. Number of employees C. Height of structures 35 ft. j. Water supply needed 73,90gal/da • max. Source:City , tor �yst.�m • • d. Number of parking spaces •minimum 4 spaces/home k. Solid waste requiring disposal 471.6tons/yr e. Amount of dredging n/;, cu. yd. 1. Commercial, retail or f. Liquid wastes requir- industrial floor space n/a sq. ft. ing treatment 58,995 gal/da III. ASSESSMENT or POTENTIAL ENVIRONMENTAL IMPACT A. SOILS AND TOPOGRAPHY 1. Will the project be built in an area with slopes currently a exceeding 121? No JLYes t; 2. Arc there other geologically unstable areas involved in the project, such as fault zones, shrink-swell soils, peatlands, or sinkholes? X NO YES 3. If yes on 1 or 2, describe slope conditions or unstable area and any ')' measures to be used to reduce potential adverse impactss.The site is composed of very errodable soils along the Minnesota River bluffs. The soil conservatio: service has prepared recommendations for soil and slope stabilization for the site. The most severe problem is the gully formation created by off road vehici• (SCS recommendations attached Exh. 4). Homo construction, storm sewer, drainage pending, and native grass plantings will be methods used to improve the ...........d r.r11.:9,.,, nrnhl runs... aZ 00 j 4. Indicate suitability of site soils for foundations, individual septic systems, and ditching, if these are included in the project. The soils on the site are well suited for residential building construction, underground utility and street construction. Exhibits (attached) illustrates the soil groups and location. Exh.6 briefly explains the suitabilibjof the soil 5. Estimate the total amount of grading and filling which will be done; groups. 1(a...a u. yd. grading irr,/L£vi cis filling What percent of the site will be so altered? 60 6. What will be the maximum finished slopes? 10-12 7. What steps will be taken to minimize soil erosion during and • after construction?Graded street and blvd. areas will oe surfaced and sealed soo after utilities are installed. Temporary and permanent sanitation ponds will be constructed at the beginning of site grading. Storm water will be diverted from the Minn. River bluffs to ponding areas with connection north to pond storage area. Recommendations of Soil Conservation Service report April 18, 197 B. VEGETATION will be incorporated in sealing bluff slopes. (attached exh. 4) 1. Approximately what percent of the site is in each of the following vegetative types: Woodland 9a Cropland/ 0 Pasture Brush or shrubs 15 % Harsh 0 % Grass or herbaceous 76 % Other • (Specify) 2. Row many acres of forest or woodland will be cleared, if any? 3 acres 3. Arc there any rare or endangered plant species or areas of unique • botanical or biological significance on the site? (See DNR publication The Uncommon Ones.) 'X NO YES 1 yes, list the species or area and indicate any measures to be used to reduce potential adverse impact. C. FISH AND WILDLIFE 1. Are there any designated federal, state or local wildlife or fish manage- ment areas or sanctuaries near or adjacent to the site? NO X YES The Minnesota River federal Jildfile Refuge is proposed sBEthwe 5r75f the site. 2. Are there any known rare or endangered species of fish and wildlife on or near the site? (See DNR publication The Uncommon : NO YES Ones.) 3. Will the project alter or eliminate wildlife or fish ND X YES habitat? f, } 4. If yes on any of questions 1-3, list the area, species or habitat, and indicate any measures to be used to reduce potential adverse impact on them. The development of homes will displace small mammals and :.omc ground nesting birds such as the pheasant. Reduction of these habitats will force man: of these common meadeu species to the proposed wildlife refuge southwest of Riverview Rd. The bluff slopes will remain undeveloped and will be revecetated with a mixture of prairie grosses and Cottonwood and Carogana trees. This area j. will provide a new habitat for some of those species desplaced by the development. - 4 - 2111 i' • • D. HYDROLOGY 1. Will the project include any of the following: • If yes, describe type of work and mitigative measures • . to reduce adverse impacts. a. Drainage or alteration of any lake, pond, marsh, NO !! lowland or groundwater supply X b. Shore protection works, dams, or dikes c. Dredging or filling operations d. Channel modifications or diversions �_• _ e. Appropriation of ground and/or surface water f. Other changes in the course, current or cross • - section of water bodies on or near the site other g. Creation of 3 upland pending areas totalling 2.25± A. to accommodate surface 2. What percent of the area will be converted to new impervious serfece? 17 ♦ runoff 3. What measures will be taken to reduce the volume of surface water run- , off and/or treat it to reduce pollutants (sediment, oil, gas,•etc.)? Because of the errosive soils, special surface water runoff systems will pond storm drainage II in upland ponds away from the bluff area. Roads will be utilized along with site grading to intercept drainage that.might reach the bluff top and divert that runoff to the ponds through a storm sewer system. The Lower Minnesota River and Riley/Purgatory Creek Watershed Districts and Soil Conservation Service'will reti_w and approve specific sit- development plant to insure drainage/runoff , designs are adercrea. 4. Will there he encroachment into the regional (100 year) floodplain by new fill or structures? . X NO YES If If yes, does it conform to the local floodplain ordinance? n/a NO YES , 5. What is the approximate minimum depth to groundwater on feet i the sitc?Very deep groundwater 15-20 feet except in Kennebec soil areas where water maybe encountered within 5 feet of surface. ti }: . WATER QUALITY 1. Will there he a discharge of process or cooling water, sanitary sewage or other waste waters to any water body or to groundwater? NO X YES If yes, specify the volume, the concentration of pollutants and the $! vater body re•7oivin7 t-hr off L,n,1t }recess water- no; Cooling water- no. Sanitary sewer will be handled by Eden Prairie's trunk & lateral system which discharges to the Blue Lake treatment , plant south of Minnesota River. Storm water-erosion & sedimentation controls s applied by the.aonronriate Watershed Dist. and accordin'! to SCS recommendations. is 2. If discharge of waste water to the municipal treatment system ip` planned, identify any toxic, corrosive or unusual pollutants in the wastewater. • •" t none { 3. Will any sludges be generated by the proposed project? X RO _YES If yes, specify the expected volume, chemical composition and method of disposal. 4. What measures will be used to minimize the volumes or impacts identified in questions 1-3? »/a answered under question #1. • 5. If the project is or includes a landfill, attach information on soil profile, depth to water table, and oropcsed depth of disposal. n/a F. AIR QUALITY AND NOISE 1. Will the activity cause the emission of any gases and/or particulates into the atmosphere? NO K YES • If yes, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and specify the approxi- mate amounts for each emission (at the source) both with and without the emission control measures or devices. During construction engine emissions from truck-and heavy equipment will add gases and particulates from grading and traffic will change the composition of the air quality. Upon completion of the land development construction, normal emissions associated with a suburban residential. development will be common. • 2. Will noise or vibration be generated by construction and/or operation of the nroject7 WO YES If yes, describe the noise source;'); specify decibel levels (du(A)), and euration (hrs/da) for each and any mitigative measures to reduce the noise/vibratien.D,..., ,7 con-t ction Measurement standards for noise am 110 hr. periolkS100 to opm Dai, Night • construction equipment will generate d13A levels exceeding residential L50 L10 L50 L10 • standards. These d3A levels will 60dba d>dba 50dba 55dba 3. Itie yeo nonn d otr o 2t,hep eRfyidw +�.1)\ roeet ouends ette anyjareassnsv. ve to noise or • reduced air quality-(hospitals, elderly housing, wilderness, wildlife areas, residential developments, etc.) are in the affected area and give distance from source. The proposed Minnesota River wildlife Refuge will 1e located about 1/3 to 1/2 mi. 3.1. Purgatory Creek Wildlife corridor is located .to east and north. Two single family homes arc located adjacent to the projects southern boundary along Riverview Road and 1 home northeast of the site along Homeward Hills Road. G. LAND RESOURCE CONSERVATION, ENERGY 1. Is any of the site suitable for agricultural or forestry production or currently in such use? NO.. :i YES If yes, specify the acreage involved, type and volume of marketable crop • or wood produced and the•quality of the land for such use. The sandy soils on ruil,nj terrain could prouuce light soil suitable field crops Scotch Pine and Red Cedar treos are scattered on the upland areas. 2. Are there any known mineral or peat deposits on the site? X NO YES If yes, :,ecify the type of deposit and the acreage. 211� g, Will the project result in an increased energy demand? NO _X YES Complete the following as applicable: Development must comply with Minn. Energy Code and Uniform Building code. a. Energy requirements (oil, electricity, gas, coal, solar, etc.) Estimated Peak Demand Annual (Poar1v or nails) Anticipated Firm Contract or Type Peeuirerent , summer. Winter Supplier _ Interruptible Basis? * Electric (,,21O.C^0 Y.'i' 'QS r..1 6211C4 ESP Fini contract * Gas 3b,500 reef per unit x¢ t Minnegasco Firm contract it 4olar k.j cci ,ic uivaint� 1E7,500 ! ,i: nia n/a *Assuming 25 expensive homes along south facing bluff will utilize substantial solar operation systemab. Estimate the capacity of all proposed on-site fuel storage. n/a Note: If solar homes are constructed as expected heat storage systems will be built as part of home construction. c. Estimate annual energy distribution for: space heating 63 t lighting �.3 t • air conditioning 6 t processing 0 t ventilation n/a t appliances 28 `,' include rater 'heater d. Specify any major energy conservation systems and/or equipment incorporated into this project. Some homes will more likely be constructed , using some solar systems because of the southerly facing home sites and the expensive loYhome costs. The type and amount of solar development will greatly depend upon government incentive programs, system costs and timing of home construction. e. What secondary energy use effects ray result from this project (e.g. more or loner car trips, induced housing or businesses, etc)? The project will be a continuation of existing single family horae development in the area and should not by itself result in any significant secondary energy use effects. H. OPEN SPACE/r.ECrs:ATloy 1. Arc there any designated federal, state, county or local recreation or open apace areas near the site (including wild and scenic rivers, trails, lake accesses)? NO X YES If yes, list areas by name and explain how each may be affected by the project. Indicate any measure: to be used to reduce adverse impacts. 1. J. Wilkie Regional Park (1,: mi. cast) 2. Purgatory Creek Wildlife Corridor (;- to 1 Mi. cast) 3. Minn. )(over Wildlife Refuge (1/3 to 1/2 mi. west) h. Anderson Lake Regional Park (21,, mi. north) 2.11LI ( 5. Minnesota River Trail Corridor (adjacent to sites south boundary) Two project will have little direct impact upon these mnnaged open space areas _.,.__ :.. ,,..,,.:.,.-.. „n rn of the various recreational, educatio:nl . r3irdl4fe U. TPA:4SPORPATION 1. Will the project affect any existing or proposed transportation systems (highway, railroad, water, airport, etc)? NO X YES •:','..':'; If yes, specify which part(s) of the uysten(s) will be affected. for these, specify existing use and capacities, average traffic speed and percentage of truck traffic (if highway): and indicate how they will be affected by the project ie.g. congestion, percentage of truck traffic, xis. 7 estimated traffic safety, increased traffic (ADO, access requirements).( ulrec 1oi� ). Road 1 (east/west arterial) U.b. 169/212 Co. Rd. 18 -c t is volume today is 1765- Traffic voiwme today is The traffic on Co, ad. 18 is 780 ADT at the 50 mph posted speed. 14,3C0-16,900 ADT with 13 2,700-3,200 ADT today with a se project will add about 1370 ADT truck traffic under capacity capacity of 10,000 ADT. The t full development, of 16,500 ADT at 55 mph. The project will add about 9C0ADT project will add about 90 AT at full development. at.full,development,. In_al likelihood new 212/169 will be constructed by the mid 80's relieving the present facility. 2. Is mass transit available to the site? X NO YES Express commuter bus service available at Eden Prairie Centc mi. no.) 3. What measures, including transit and paratransit services, are planned to reduce adverse impacts? Only governmental actions can significantly alter the transportation impacts for this development. If ),TC service were expanded to area then a ;'% of auto trips might use service. Car/van pools are possible alternatives for the work trips depending upon destination, etc.. The road systems are designed to accommodate bus service if available. J. PLANNING, LAND USE, CO!M4UNITY SERVICES 1. Is the project consistent with local and/or regional comprehensive O X S plans? -- If not, explain: • If a zoning chance or special use permit is necessary, indicate existing zoning and change requested. • Rural District requested change to R1 13.5 single family residential district consistent with Eden Prairie Zoning Ordinance 135. • 2. Will the type or height of the project conflict with the character of the existing neighborhood? X NO YES If yes, explain and describe any measures to be used to reduce conflicts. • • .8. 2 W) . '3. How many employees will move into the area to be near the project? n/a How much new housing will be needed? 4. Will the project induce development nearby--either support services or similar developments? If yes,explain type of development and specify any other counties and municipalities affected. The project by itself is not of scale to bring about support services, however the neighborhood area of which the project is a part will induce those services normally associated with suburban residential development. 5. Is there sufficient capacity in the following public services to handle .the project and any associated growth? Amount required Public Service for project Sufficient capacity? water 73,940 gal/da Yes, city system with planned additi. wastewater treatment 58,995 gal/da Yes, city/regional system sewer 13,000 feet Yes, trunk & interceptor system in p.L Yes, new school construction schools 300 t pupils approved in 76 bond issue solid waste disposal 39.3 ton/no Yes, UPI landfill has 5 year ± life streets 2.7 miles City services are developed based other (police, fire, etc) upon need and revenues :hich keep pace with development. If current major public facilities are not adequate, do existing local plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? The project is planned to be phase over a 2-4 year period which will not overburden the City or school districts ability to provide services. b. Is the project within a proposed or designated Critical Area or part of a Related Actions EIS or other environmentally sensitive plan or program reviewed by the WC? X NO YES If yes, specify which area or plan. 7. Will the project involve the use, transportation, storage, release or disposal of potentially hazardous or toxic liquids, solids on gaseous substances such as pesticides, radioactive wastes, poisions, etc? y NO YES If yes, please specify the substance and rate of usage and any measures to he taken to minimize adverse environmental impacts from accidents. 2,06 • . - 9 — • 8. When the project has served its useful life, will retirement of the facility require special measures or plans? � e10 YES If yes, specify' K. HISTORIC RESOURCES 1. Are there any structures on the site older than 50 years or on federal or state historical registers? X NO YES 2. Have any arrowheads, pottery or other evidence of prehistoric or early settlement been found on the site? NO X YES Night any known archaeologic or paleontological sites be affected by the activity? NO X YES 3. List any site or structure identified in 1 and 2 and explain any impact on them.The home sites along the bluff may be located in areas where archaeologic sites may be encountered. Indian mounds have been identified near the site in similar locations. The developer is working with the State Historical Society to inventory potential site and prepare specific plans that will respect any archaeologic site encountered. L. ( TIER ERVIRONM3NTAAL CONCERNS Describe any other major environmental effects which may not have been identified in the previous sections. Because of the sites location overlooking the Minnesota River Valley special erosion control measures are being incorporated in the subdivision design • III. OTHER MITIGATIVE MEASURES Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. none • • .' 10 — ;7_ V. FINDINGS The project is a private ( ) governmental ( X) action. Tne Responsible Agency (Person), after consideration of the information in this EAW, and the factors in Minn. Reg. MEQC 25, makes the following findings. 1. The project is ( ) is not (X ) a major action. The project will occur on rolling State reas..ns:meadow and will displace only small mammals and ground nestinr birds. Many of these displaced animals and birds will probable relocate either to the south in the wildlife refuge or to the north in'vacant land. Soil erosion is only significant is not mitigated by erosion control practices as established by the Soil Conservation Service and the Lower Minnesota River and Riley/Pur;:atory Creek Watershed Districts. Municipal services such as sewer and water are to be extended to the site as are natural gas and power. Other numicipal services such as police and fire protection, school and transportation systems are being planned as capacities warrant. 2. The project does (_, does not (X) have the potential for significant environmental effects. State reasons: Assuming careful planning and construction, the environmental effects of the project will be mitigated. The river bluffs will be better protected in single family lots and will be stabilized and revegetated as a result of the proposed development. The Soil Conservation service is making recommendations (attached) to insure soil loss during and after construction is kept at a minimum. Little tree cover will have to be removed to accomplish the development. 3. (For ptl.ate actions only.) The project is ( ) is not ( ) of more than local significance. IV. CONCLUSIONS AND CERTIFICATION NOT:: A Negative Declaration or EIS Preparation Notice is not officially filed until the date of publication of the notice in the NC Monitor section of the Minnesota State 1'_gister. Submittal cf the EAW to the EQC constitutes a request for publication of notice in the EQC Monitor. A. I, the undersigned, am either the authorized representative of the Responsible Agency or the Peepons_ble Person identified below. Based on the above findings, the Responsible Agency (Person) makes the following conclusions. (Complete either 1 or 2). 1. X NEGATIVE DEC,ARATION NOTICE No EIS is needed en this project, because the project is not a major action and/or does not have the potential for significant environmental effects and/or, for private actions only, the project is not of more than local significance. 11 • 2. EIS PREPARATION NOTICE An LIS will be prepared on this project because the project is a major action and has the potential for significant environmental effects. For private actions, the project is also of more than local significance. a. The NEQC Rules provide that physical construction or operation of the project must stop when an EIS is required. In special circumstances, the MEQC cal soecifically authorize limited construction to begin or continue. If you feel there are special circumstances in this project, specify the extent of progress recommended and the reasons. b. Date Draft EIS will be submitted: (month) (day) (year) (MEQC Rules require that the Draft EIS be submitted within 120 days of publication of the EIS Preparation Notice in the E'C Monitor. If special circumstances prevent compliance with this time limit, a written request for extension explaining the reasons for the request must be stdxaitted to the EQC Chairman.) c. The Draft EIS will be prepared by (list Responsible Agency(s) or Person(s)): Signature Title • Date B. Attach an affidavit certifying the date that copies of this EAW were mailed to all points on the official EQC distribution list, to the city and county directly impacted, and to adjacent counties or municipalities likely to be directly impacted by the proposed action (refer to question III.J.•3 on page 9 of the EAW). The affidavit need be attached only to the copy of the RAW which is sent to the EQC. C. Billing procedures for E'C Monitor Publication State agency Attach to the EAW sent to the EQC a completed OSR 100 ONLY: form (State Register General Order Form--available at Central Stores). For instructions, please contact your Agency's Liaison Officer to the state Register or the Office of the State Rcgi::er--(612) 296-8239. - 12 — 211q • r4 1 MINNESOTA RIVER BLUFFS CRITICAL AREA PLANTING 1. Situation: i a. The present vegetation on the river bluff is primarily the native warm season grasses. The soil type is Salida coarse sandy loam. Slopes range from 18-400. Exposure I is facing south. These loose, steep, sandy soils are especially sensitve to traffic and erosion is easily in- duced wherever a trail wears away the vegetation. Rain- fall on the slope or runoff will cause gullies of some magnitude to form where vegetation has been removed. b. Traffic will have to be restricted by fencing, posting and police surveillance. 2. Solutions: a. Seeding recommendations: The most appropriate type of seeding for longevity and durability on this site would be a mixture of native grasses. Mixture alternatives: Alternative 1 i Species Variety PLS lbs/ac. Big bluestem Pawnee or Champ 3 < Little bluestem Native 2 1 Sideoats grama Pierre or Butte 4 Switchgrass Neb-28 or Pathfinder 2 Prairie Sandreed Native 1 1 Sand Dropseed Native 2 Alternative 2 Big Blucstem Champ or Pawnee 2 Little bluestem Blaze or Native 3 Sideoats grams Pierre or Butte 4 Blue gramagrass Native 4 Sand Dropseed Native 2 Switchgrass Neb-28 or Pathfinder 2 Alternative 3 ! Little bluestem Blau or Native 2 ISideoats grama Pierre or Butte 4 ' Blue gramagrass Native 4 Sand Dropseed Native 2 Switchgrass ,Neb-28 or Pathfinder 2 • 2I v0 Page -2- 1 pAlternative 1 would be my first choice if all species arc available from a commercial seed dealer. If they arc not # all available, then I would select either Alternative 2 or 3. • t Seedbed Preparation and Fertilizer - All sites to be seeded 7 should be shaped and graded to a 3:1 slope if at all poss • - ible. Fertilizer should be mixed into the soil during the final shaping of the site at the rate of: t Nitrogen - 20 lbs/ac. P205 - 80 K20 80 " 1 If hydroseeding is used, the fertilizer can be blown on with the seed. Seedinc Equipment - Due to the steep slopes, the seeding sfoulc�be completed with a hydroseeder. The seed and fert- ilizer can be mixed in a water slurry and blown onto the site. Broadcasting is the other alternative if a hydro- seeder is not available. ` Seeding Dates - Optimum seeding dates for warm season i grasses usually range from May 15 to June 15. Do not seed before soil temperature reaches 6O°1: or after July 1. Mulching - As soon as the seeding is completed apply 3000- S 4000 lbs straw mulch (oats straw preferred) per acre; or 1500-2000 lbs of wood fiber mulch/ac. Anchor the mulch with an erosion control netting (Con Wed type) immediately after mulch application. Another alternative is to use i the Excelsior erosion control blankets. The netting and blankets arc anchored in the same manner. i Management - Due to the natural droughtiness of this site, 1 the shaping, seeding and mulching should be completed with- in about one month or less. May would no doubt be the best month. If this project is properly seeded and mulched then the main key to success is the control of the trespassers, 1 which arc now using the area for a motorcycle and 4-wheel $ drive obstacle course. t 1 b. Fencing: We have considered a three 3/4" cable fence similar to high- way guard type used on roadways at the bottom of the slope. Eventual recommendations arc subject to discussion. 1 212t Page -3- c. Tree Planting: Row of Cottonwood (seedlers) at bottom of slope inside fence and three rows of dense planted Caragana at top of slope d. Gully Control: Gullies will be stabilized with grade structures that meet design standards acceptable to the Hennepin Soil and Water Conservation District. All the above practices in Item 2 arc eligible for Cost- Sharing under the Erosion Control Program. Funds will be available contingent upon the allocation received by the Dis- trict. Applications should be presented to the City of Eden Prairie to be received by the District with their recommen- dations and assigned order of priority. HUSTAD DEVELOPMENT CORPORATION BLUFF COUNTRY WEST CITY OF EDIiN PRAIRIE April 18, 1979 • by I'atrici` N. Kennedy, James L. Anderson and Mahedi A. Jiwani • . • . • gliror 5 : I -..., .. • ..., .., ‘ , •\„I Le s. \ . , 0 . . , .. .,.e-s,_..:),,li 1 , i :•••• 1...1,71 ji( : 1 .....N..-.>„....,----. . . - - - . c.....k........ ,:I : • I - i ••--------.. -SoN . 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V-4. k-a.64407.14", a! taaisi • -"--,. ... ..De 4.00... 5 LUFFS'''' 0-no— ADDITiON -1.., ,......4r.ev -.•. .- - .-. - - --- ..•......................... ........ . . - landscape Planning Unit/Three-E Well drained moderately steep(12-18%) 4.Good soil strength for low buildings and roads. 5.Low potential for frost action. slopes on Outwasll Plains. 6.The soil substratum is a source of sand and gravel. 7.Low shrink-swell (volume change) with changes in Landform Description moisture. 8.Good compaction characteristics. This planning unit is found on the sideslopes of low hills. Unfavorable Features around depressions and along draioageways. They are 1.Erosive soils—unstable in cut banks. 75-125 feet wide and are part of slope runs 150-300 feet 2.Rapid percolation rates;severe pollution hazard with long. individual soil treatment sewage systems. O Land Development With Public Sewer 1.Buildings—Three Levels or Less•'t,il, Hills often need to he cut 15.30 feet or more to accommodate large single level buildings and parking areas.More level lands that require only minor land alteration should be considered for indus- a trial/commercial centers. id': v „�`es`�' Community facilities such as schools. hospitals, ..i�.e j eS churches, etc., are also better suited to more level f- .o p lands.If none is available within the immediate vicin- ,:,y ity roads and buildings could be designed to fat the existing landtorm. 2.Single-Family Homes This planning unit can provide an attractive setting if Figure 101.landscape Planning Unit 3E is on sideslopes in the the development is made a part of the existing land- 12-18%slope range that occur in the Eden Prairie.Dayton end form;it should not he left to haphazard tract develop- • Minnehaha Crook Outwash. ment. Small lot gridiron development clears large acreages. planes down hills, tins swales. and during Soil Names and Map Symbols the construction period leaves bare soil exposed to the • erosion process. Gridiron development will result in Bull-Burnsville Sandy Loam complete destruction of this landscape. If natur,.' EtD-Estherville Sandy Loam-Figure 89,page 94 earth forms are used to background structures the HuD-Hubbard Loamy Sand living environment will be enhanced through seclusion RsD-Hassel Loamy Sand of homes in peaceful surroundings. SaD-Salida Coarse Sandy Loam Roads and streets to service residential areas should flow with the terrain utilizing swales.sags.and sad- Soil Description dies closely associated with this planning unit or place All the soils in this planning unit arc underlain by sand them on the rim above these steep slopes or on the toe or stratified sand and gravel that is generally more than slope below. 20 feet thick. Brief soil descriptions are given in Land- Homes with Individual Soil Treatment and Sewage Dis- scapc Planning Unit Three-D. posal Systems These loose sandy soils have a highly porous substratum that allows sewage effluent to seep into the underlying Water table water table and pollute shallow wells. The water table is deep and generally reflects a regional Erosion and Sediment Control water table that is emu rolled by t he depth to liner textured slowly permeable m:ncrials.'I'his finer material Retetences on erosion and sediment control for Land- iscommonly below NI-liwt depths,and ih places at more scapc planning Unit One-D apply here except these soils than 50-t:xx depths. are more vulnerable to gully erosion.Grading is easily done hut cut banks and downslope tills are dtllicult to Site Development Considerations stabilize.Soils are also difficult to rcvegetate because of droughty characteristics unless the area is blanketed Favorable Features with loamy soil that is more fertile and retentive of 1.Terrain s ith cli vat ion: ut contour dilTercnces. water.Water needs to he intercepted and diverted tram • 2.Deep seater table. construction sites to prevent the loose substratum from 3.Rapidly permeable soils. gullying and ersxling around fnundations. • •.t11.::I .f1.11r.e-1tA., !F Htj-)aY-SIN r:-„'11,-Tf I. r'•..;,tnaly r 1L.i tar 11N •'el l et,.'�tV.:ltw\/s-1Wh'. , I l K- itt, t.....1 - T. kV I 1 • .... — •,. ------ ,' 1 is> t , c- 1.- --. 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I , ,, -- �� v I � ��.e n,l6 .,1 43 '°�....,1 ( .3 r. m�� it I N,' o ( 1 Y il L . _-I I I'''''f1- sI--I LoIr:ry T ' \ ' v / i ` -__\ '� / I. I J/{ .' r `', \ afNL N1t N01LS it 1:` -\ -. ' ‘V)- --i: . _ Pal L IAI/NArlY Pt 4 F •:‘•1—'.1 L "",— —=_` BLUFFS WEST SECOND ADDITION 17;...!Y 1740PMI N1Y -- ,��—,,,—w approved Minutes - Parks, Recreation f, -q- August 7, 1977 Natural Resources Commission • 2. Shoreland Management Ordinance (con't) Page 15, Paragraph 3, A 2 should be 150 feet. Paragraph 4, A 2 should be 150 feet. Paragraph 5, A 2 should be 150 feet. Paragraph 6, A 2 should be 150 feet. • . Page 16, Sub-division 2. Strike the workd earth tone. Sub-division 3. Change 15% to read 30%. Page 17, Sub-division 5, Section 8, Paragraph 4. The whole fourth para- graph should be stricken. Page 18, Sub-division 4. There should be a number four titled "Exceptions" • with a breakdown listing boat launching, ramps, etc. Bob Lambert will bring a retyped version with the changes made in it to the next meeting. Page 19, Sub-division 4. The whole fourth Subdivision referring to Planned Unit Development should be taken out. Page 20, Sub-division 3. The City Council will be responsible for setting the dollar amount, and will be left blank until it has been set. Page 21, Section 3. The commission members would like an interpretation of the wording of the last sentence. Page 22, Section 8. At the end of the sentence the words, where facilities • are available, should be added. The staff was asked to come back with a { clearer definition of "are available", and also to find out if there is t an existing ordinance that can take care of this problem. Page 23, Section 15. Under A, it should read: To the Park and Recreation, Natural Resource Committee, the Planning Committee, and the... V. B. Reports of Staff 1. 3. Development Proposals I i a. Bluffs West 2nd Addition Richard Putnam, a representative for the Bluffs West 2nd Addition, came to answer the Commissions' questions. The discussion centered mainly around the different options that could be done with Block 8, 1 Lots 24-36. Those being, the City owning it for a park area, to which it was decided that the City would probably not want it. Using i it for private ownership. At this time, the Bluffs West 2nd Addition , will not include it in their project, they may at sometime in the future look at the possibility of using that area. : MOTION was made by George Tangen to approve the Bluffs West 2nd Addition as per planning staff reports of July 7 and 21, with the exception of Lots 24-36, Block 8. The motion was seconded by Dave • Anderson and passed unanimously. 21:L1 1 • approved Planning Commission Minutes - 8 - July 24, 1978 • Mr. Tim Eller, Centex Homes Inc., stated they are trying to re-inforce the idea that they are selling their houses as their end product, and would like to offer houses in the broad income range. Sundstronasked how these lots compared with those east of H. 169. Eller responded that they were about the same with some larger lots. Sundstrom summarized Commission action as not opposed to the concept, but to the size of the lots. Eller responded that it was a business decision on the size of lots they decide to build. C. Bluffs West 2nd Addition, by Hustads and Dr. Brandt and Browning Ferris Industries. Request for rezoning from Rural to R1-13.5 and preliminary plat approval of approximately 207 lots on 112 acres. The site is located north of Riverview Road and West of Homeward Hills Road. A continued public hearing. The Planner spoke to communication with Mr. Pat Kennedy of the Soil Conservation District, and he expressed concern with t.re planning of homes on the slope. He reviewed the two alternates as recommended in the Staff report, and to the considerationof the closing of the road and re-vegegation. Mr. Dick Putnam, Hustad Development Corporation, presented slides and commented on the Staff recommenddLions, stating he was in agreen,,.rt with the alternative reconnnended and right-of-way situation. He added they could not comply with Mr. Kennedy's recommendations for the lower lots, and that were expensive, making it unfeasibile for Hustad to improve the road by putting in storm sewwer and improving the road in other ways. Lynch spoke to the significance of these lots, and he was concerned with how they would be developed, and suggested on eliminating these lots (24-36). Putnam responded that they will not be building the homes at the top or • bottom of the bluff this year, and suggested a couple of houses spotting the area for policing purposes. He continued that if this section was a problem, Hustad requests that this Block be eliminated Levitt asked whether elimination of lots 24 through 36 would eliminate the problem. Enger responded affirmative if Hustads intend to use fencing and erosion control measures outlined by the Soil Conservation District. Putnam spoke to undercutting occuring in the public right-of-way and to their desire to cut down on the vandalism that is such a problem on this road. • Levitt inquired whether developing on top of the bluffs will worsen the undercutting. Enger responded negative if it is done with SCS measures. Sundstrom asked whether that Block be treated as an outlot. Putnam res- ponded they would just eliminate those lots (24-36). MOTION: Burman moved to close Public Hearing. Redpath seconded, motion carried unanimously. 1i' approved Planning Commission Minutes - 9 - July 24, 1978 • • MOTION: Bearman moved to recommend approval of rezoning from Rural to 13.5as per Staff Report of July 21, 1978, eliminating lots 24 through 36 designated as Outlot C, and referring to report of July 21, 1978 received from Mr. Pat Kennedy, of the Soil Conservation District, directed the Staff and developer to meet in order to eliminate or begin to eliminate the erosion problem in Outlot C. Retterath seconded, motion carried unani- mously. MOTION: Bearman moved to recommend approval of Preliminary plat as per Staff Report of July 21, 1978, eliminating lots 24 through 36 designated as Mr. Pat Kenned C, and y of theSoil to report Conserof vationy 21,District, receivedirt from to meet in order to eliminate or directed the Staff and developer • begin to eliminate the erosion problem in Outlot C. Retterath seconded, motion carried unanimously. • Putnam noted that the d seve tedrthatm was locbeatedr more in the Browning and Ferris a Levitts noted that this development would be served by Bluffs Boulevard and Homeward Hills Road. VI. OLD BUSINESS None. • VII. NEW BUSINESS • None VIII. PLANNER'S REPORT IX. ADJDURNMENT MOTION: Bearman moved to adjourrkt 1:00 Ni. Retterath seconded, m^tio" unanimously. • 1;i1 .MEMO: TO: Planning Commission FROM: Chris Enger, Director of Planning REGARDING: Bluffs West 2nd Addition DATE: July 21, 1978 The Planning Commission, at their July 10, 1978 meeting continued Bluffs West 2nd Addition for a review and recommendation on the plat by the Soil Conservation District. I spoke with Pat Kennedy several times over the last two weeks regarding this and he has made the following recommendations (which we should have a letter on by Monday night.) • 1. The Soil Conservation District is very concerned about the impact of additional drainage and construction on the steep slope and the preferred alternate would be to have a one sided road running paralle'lto the top of the bluff, no closer than 50' from no.of the 860' contour. The road would serve to inter ept any drainage from the subdivision. There would be no home built on the slope. 2. Alternate two would be to plat lots fronting on the t^7 bluff road and tip the grade toward the road in conjunction with providing a 50' building setback north from the 860' contour. All hard surface, roof top, and manicured yard drainage_ would drain north toward the road. These top lots would extend all the way down to Riverview Road and would he no less than 150' in width at the building set baq line. This alter- nate would place large lots (roughly 150' x 600')- 2 acres - on the steep slope for protection of the slope. Accompanying each of these recommendations would be the Soil Conservation District's suggestions for fencing the southern boundary of the slope and revegetation. The S.C.S. has also reviewed the cross sections submitted by Hustad's illus- trating how they would intend to build on the lower side of the Bluff. The S.C.S. feels that guarantee of these measures working and enforcement of them once the lot is sold is very risky and recommends against development of the slope. • The Planning Staff supports alternate two and recommends it to the Planning Commission. The proponent has also slightly redesigned the plat so that the second east/west road from the top is no longer a through road. The Staff is not opposed to this but feels that it is undesireable for people in parts of • i3U Memo July 21, 1978 Page 2 the subdivision to have to walk up to k mile in the street to reach a side- walk. The Staff therefore feels that there should be a sidewalk along the central north/south road leading to the sidewalk along the north collector. The Planning Staff recommends approval of the plat subject to Alternate 1 or 2 suggested by the S.C.S. and inclusion of the north/south sidewalk as well as Staff recommendations dated July 7, 1978. • C.E.:ds . • • 1161 ..e. 17 St• $..- . . U 0.. ''• r' a,..-x.... pi,,,453,:x\ , :. . .... . . :.. . ., , .g.j.,.._•,,, .. :,.... .. .,_,...., .....y. r D.A5 ask. arA . , _v. ,...:.• 23., -- . . . , •,., .. . . , , ,•• .. . : . !,...„....,..-!- . if , • . • ", , . • •-,, ..,. ,, , i • • . ,,,,.. • -,,. ,,N ./.. ,. . .. ..I, 2:.-----k •.... • ' . •'''.-. A ...!-- ,--- - . ,•-;011 ,_(. ..--.: --_ eyi '. . • . --- • -- „- frertf?0,0 i t f„e 3,,,,te • . • . :,-:-••---5-- k-:.4,7 1 eg sy,.°_....._. .,t.',-..1 • ...... 640 . . : •• • . . . . • raus-rii.tcA 4' Issi, WPU- ,.. 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V C-itr• I".a' 4... ,. fterP4t.511.)Gt $ ti t i . • 11" . be WCW,Nst" I ti. 740. — "- __. ._.. . .. . . , ,, . • -mvicr-view ...1_..4 Al. TZ)N$ 7-to-le ..':- 5 k i • HENNEPIN SOIL AND WATER CONSERVATION DISTRICT . 250 N.Central Avenue t Wly:otn,Minn/solo 55391 Telephone(512)473-0249 MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS July 21, 1978 Mr. Chris Enger Planning Director City of Eden Prairie Eden Prairie, Minnesota 55344 Dear Mr. Enger: In reference to the preliminary plat for Bluffs West 2nd Addition as submitted to the City of Eden Prairie and your letter of July 10, 1978, requesting comments pertain- ing to the inherent erosion problems on the bluff portion of this site, I would like to offer the following: Preference No. 1 1. Best use would be open space preservation with restricted recreational use. 2. Road constructed along the length of the bluff above contour elevation 860 with appropriate set-back from edge of bluff with no homes built on down-hill side of road. 3. Follow recommendations made in Critical Area Planting report made for Hustad De- velopment Corporation Bluffs West 2nd Addition April 18, 1978. 4. Close portion of Riverview Road not ser- ving approach to existing residences. AN EQUAL OPPORTUNITY EMPLOYER 1 I ‹,i"O' .kris Enger ./21/78 Page 2 Preference No. 2 1. Homes at top of bluff with appropriate set backs from the 860 contour elevation with no homes at bottom of bluff. 2. Backyard elevation graded so all drain- age is toward the road or diversion dike constructed between home and the top of the bluff to direct all surface flow away from the bluff. Plus items 3 and 4 in Preference No. 1. Preference No. 3 1. Approval of Block 8 in the Preliminary Plan with homes at bottom of bluff just above Riverview Road contingent upon an erosion control plan for all earth disturbing activ- ities on the bluff. The above comments relate only to Block 8 in this proposed development. Sincerely, Patrick N. Kennedy District Conservationist PNK/iw HUSTAD DEVELOPMENT CORPORATION BLUFF COUNTRY WEST CITY OF EDEN PRAIRIE April 18, 1979 by Patrick N. Kennedy, James L. Anderson and Mahedi A. Jiwani • • MINNESOTA RIVER BLUFFS CRITICAL AREA PLANTING 1. Situation: a. The present vegetation on the river bluff is primarily the native warm season grasses. The soil type is Salida coarse sandy loam. Slopes range from 1S-40o. Exposure is facing south. These loose, steep, sandy soils arc especially sensitve to traffic and erosion is easily in- duced wherever a trail wears away the vegetation. Rain- fall on the slope or runoff will cause gullies of some magnitude to form where vegetation has been removed. b. Traffic will have to be restricted by fencing, posting and police surveillance. 2. Solutions: a. Seeding recommendations: The most appropriate type of seeding for longevity and durability on this site would be a mixture of native grasses. Mixture alternatives: Alternative 1 Species Variety PLS lbs/ac. Big blucstem Pawnee or Champ 3 Little blucstem Native 2 Sideoats grama Pierre or Butte 4 Switchgrass Neb-28 or Pathfinder 21 Prairie Sandrecd Native 2 Sand Dropseed Native Alternative 2 Big Bluestem Champ or Pawnee 2 Little blucstem Blaze or Native 3 Sideoats grama Pierre or Butte 4 Blue gramagrass Native 24 Sand Dropseed Native Switchgrass Neb-28 or Pathfinder 2 Alternative 3 Little blucstem Blaze or Native 2 Sideoats grama Pierre or Butte 4 Blue gramagrass Native 42 Sand Dropseed Native Switchgrass Neb-28,or Pathfinder. 2 i - Page -2- Alternative 1 would be my first choice if all species are 4 available from a commercial seed dealer. If they arc not all available, then I would select either Alternative 2 or 3. Seedbed Preparation and Fertilizer - All sites to be seeded should be shaped and graded to a 3:1 slope if at all poss- ible. Fertilizer should be mixed into the soil during the final shaping of the site at the rate of: Nitrogen - 20 lbs/ac. P2°S - 80 K20 - 80 If hydroseeding is used, the fertilizer can be blown on with the seed. Seeding E ui ment - Due to the steep slopes, the seeding should e completed with a hydroseeder. The seed and fert- ilizer can be mixed in a water slurry and blown onto the site. Broadcasting is the other alternative if a hydro- seeder is not avail"le. Seeding Dates - Optimum seeding dates for warm season grasses usually range from May 15 to June 15. Do not seed before soil temperature reaches 60tor after July 1. Mulchin - As soon as the seeding is completed apply 3000- 400p s straw mulch (oats straw preferred) per acre; or 1500-2000 lbs of wood fiber mulch/ac. Anchor the mulch with an erosion control netting (Conked type) immediately after mulch application. Another alternative is to use the Excelsior erosion control blankets. The netting and blankets arc anchored in the same manner. Management - Due to the natural droughtiness of this site, The shaping, seeding and mulching ould dobe eouompt leted with- in about one month or less. Maymonth. If this project is properly seeded and mulched then the min e rol whicha are know ey tusing o cthe motorcyclearcaess is h for oatotrespassers,f the and4-whee drive obstacle course. • b. Fencing: We have considered a three 3/4" cable fence similar to high- way guard type used on roadways at the bottom of the slope. Eventual recommendations arc ,subject to discussion. • ?t4l Page -2- Alternative 1 would be my first choice if all species are available from a commercial seed dealer. If they arc not all available, then I would select either :Alternative 2 or 3. Seedbed Preparation and Fertilizer - All sites to be seeded should be shaped and graded to a 3:1 slope if at all poss- ible. Fertilizer should be mixed into the soil during the final shaping of the site at the rate of: Nitrogen - 20 lbs/ac. P205 - 80 " " • K20 - 80 " If hydroseeding is used, the fertilizer can be blown on with the seed. Seeding Equipment - Due to the steep slopes, the seeding should be completed with a hydroseeder. The seed and fert- ilizer can be mixed in a water slurry and blown onto the site. Broadcasting is the other alternative if a hydro- seeder is not available. Seeding Dates - Optimum seeding dates for warm season grasses usually range from May 15 to June 15. Do not seed before soil temperature reaches 60°F or after July 1. Mulching - As soon as the seeding is completed apply 3000- 4000 lbs straw mulch (oats straw preferred) per acre; or 1500-2000 lbs of wood fiber mulch/ac. Anchor the mulch with an erosion control netting (Conited type) immediately after mulch application. Another alternative is to use the Excelsior erosion control blankets. The netting and blankets are anchored in the same manner. Management - Due to the natural droughtiness of this site, the shaping, seeding and mulching should be completed with- in about one month or less. May would no doubt be the best month. If this project is properly seeded and mulched then the main key to success is the control of the trespassers, which are now using the area for a motorcycle and 4-wheel drive obstacle course. b. Fencing: We have considered a three 3/4" cable fence similar to high way guard type used on roadways at the bottom of the slope. Eventual recommendations arc subject to discussion. ' i!1 • • c. Tree Planting: Row of Cottonwood (seedlers) at bottom of slope inside • fence and three rows of dense planted Caragana at top . of slope d. Gully Control: Gullies will be stabilized with grade structures that meet design standards acceptable to the Hennepin Soil and Water Conservation District. All the above practices in Item 2 are eligible for Cost- Sharing under the Erosion Control Program. Funds will be available contingent upon the allocation received by the Dis- trict. Applications should be presented to the City of Eden Prairie to be received by the District with their recommen- dations and assigned order of priority. • 1 HENNEPIN SOIL AND WATER CONSERVATION DIS • 250 N.Cnvol A. Woylano.M:nnew' Telephone i6121 47 • MINNESOTA 4131' SOIL AND WATER CONSERVATION DISTRICTS April 19, 1978 Mr. Richard Putnam • Hustad Development Corporation 12750 Pioneer Trail Eden Prairie, Minnesota 55344 Dear Dick: It would seem that we could tackle the ' ,, tiff" problem on a piecemeal basis. I'm not sure if it would be too late this year or not because seeding should be done in May. The seeding and fencing probably could be contrac- ted. It would probably require a commercial hydro-seeder that is why I suggest contracting out. Of course we need to decide on the most economical and durable type of fen- cing. The option exists to do the fencing and gully re- pair this year and seed next year. We have made a survey on the large gully below the land- : fill and arc presently drawing up a grade stabilization structure plan. I have been in contact with Jin Nelson of BPI Properties to coordinate this section of the bluff with that on the Hustad Properties. Applications are enclosed and hopefully once this prograr., gets under way this year, we will be able to commit funds for the project. At this point all I can do is help you initiate action so that things are in place to be consid- ered when we receive our appropriation. At any rate, no commitment is required at this time. Sincerely, 7 • Patrick N. Kennedy District Conservationist ' i PNK/iw 2.143 • AN EQUAL OPPORTUNITY EMPLOYER • Riley- Purgatory. Creek Watershed Distri 1Y1 8950 COUNTY ROAI • V �y EDEN PRAIRIE,MINNESOTA 5` 4 July 13, 1978 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Bluffs West 2nd Addition Dear Mr. Enger: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District have reviewed the preliminary plans as submitted to the District for the above referenced project. The following policies and criteria of the Watershed District are applicable to this project. 1. In accordance with Section E (2) of the 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. Due to the size of the development, the District requests that the developer investigate the possibility of staging the proposed construction so all of the area is not altered at any one time. 2. The District will require that all altered areas on the Bluffs West 1st Addition tributary to the Bluffs West 2nd Addition be restored prior to the commencement of land alteration on the 2nd Addition. 3. A detailed storm sewer plan must be submitted to the District for review and approval. The proposed 38 acre-foot capacity storm water storage facility located north of the proposed development must be included in the plan. 4. Block 8 of the proposed development is within the Lower Minnesota Watershed District. Staff of that Watershed District should be contacted regarding their requirements for this development. Mr. Chris Enger July 13, 1978 Page 2 If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely,,/ / L) Allan Gebhard • BARR ENGINEERING CO. Engineers for the District AG/tn cc: Mr. Conrad Fiskness Mr. Frederick Richards Mr. Carl Jullie Mr. Rich Sathre • Mr. Jim Ostenson Lower Minnesota River Watershed District • • • • o J/J� . t approved Planning Commission Minutes -7- July 10, 1978 E. Bluffs West 2nd Addition, by Hustads and Dr. Brandt & BEI . Request for rezoning from Rural to R1-13.5 and preliminary plat approval of approximately 207 lots on 112 acres. The site is located north of Riverview Road and West of Homeward Hills Road. A continued public hearing. The Planner reviewed the staff report and made a correction to page 3,2nd paragraph- . . . intersection off-set only 125-130 feet, . . . The Planner informed the commission in a telephone conversation with Mr. Pat Kennedy, Soil Conservation Service, he discovered Mr. Kennedy has not reviewed the plat before the commission and withdraws any information attached to the EA1! from the SCS. The Planner stated approval of the Bluffs West 2nd Addition would require variance on minimum lot frontage. Levitt inquired if the road system in this area of the City could handle the traffic from the Bluffs additions. The Planner replied with improvements , underway and future , the roads will be adequate to handle the traffic. Mr. Putnam, Hustads, expressed surprise at the SCS withdrawing their recommnenda- tions as the plat does respond to concerns the SCS had . He stated he would be talking to Mr. Kennedy to resolve the difference. Mr. Putnam stated they have only one disagreement with the staff report, they do not believe the center east/west street needs to have 60 feet of ROW as the northern east/west street will be the collector street. The Planner stated the staff is recommending redesign of the northeast portion of the plat. according to Figure 2 ( 35 lots ) within the staff report. The Planner suggested the commission continue the item to receive the SCS's recomuendation on the lotting pattern along the bluffs as they are experts in the field . MOtion: moved, Martinson seconded, to continue the Bluffs WEst 2nd Addition to the July 24, 1978 meeting for the Soil Conservation Service review and report and an updated staff report. Motion carried unanimously. V. PETITIONS AND REQUESTS A. US 169 / Anderson Lakes Parkway Shopping Center, request by Eden Prairie Real Estate Investment Company for rezoning from Rural to Community Commercial for 10 acres located in the southeast corner of US 169 and Anderson Lakes Parkway. Ron Krank, Krank Korsunky Architects, Inc., presented the request as 50,00D square feet of commercial on 10 acres; uses of:supermarket, hardware, and other small shops; 50 feet landscape buffer between proposed commercial and residential area; previous PUU concept approval for commercial; and no variances are needed. • STAFF REPORT TO: Planning Commission FROM: Jean Johnson, Planning Assistant Chris Enger, Planning Director DATE: July 7, 1978 PROJECT: BLUFFS WEST SECOND ADDITION APPLICANT: Hustad Development Corporation, Dr. & Mrs. Brandt, Browning Ferris Industries LOCATION: 112 acres in the Northwest corner of Riverview Road and Homeward Hills Road (excluding Kiesner homestead) REQUEST: Zoning from Rural to R1-13.5 • Preliminary plat approval of 207 single family lots on 112 acres LOCATION The 112 acres is located across Homeward Hills Road from Bluffs Hest First Addition (200 acres, 249 lots ). The site is north of Riverview Road and • east of the Browning Ferris Industries (BFI) Planned Unit Development of industrial/multiple residential/open space occurring on approximately 225 acres. North of the proposed Bluffs West 2nd site is a large tract of Rural vacant land owned by BFI. ( see attached map ) p--frw��a�KMcs P7.6 -yjL— ," do l l ..rue...�-/-FV'9! il I � t'1�^'r7- i .,l.7; II'------- ,} 1 II r �PAcr s��i L ¢ne fle v— Hills �bo oughdtn. u6 ;�, 55� I 1 °sl^ tom\ %�i�. I I 13 ::' o - -r-PUp 7(11-�• 0. - r _ I„, , 4� 1 InDUSTR{AL I `} I, !! 00 MULTIPLE FaMILI�: N i fi, LI-r�I _— _._ice. t'�' •• 21 g I ham..:rs -----RJ�•�-OrEPA�SKACc�. o°� • .��u{�'S 4les& irst�� V 0- 77.20 a � Bluffs 4Jest ' I i " ° d ' 2nif- > J7:1 1-..4 P. —",--t" 1 i,) rZi•z. ` Staff Report-Bluffs West 2nd Add -2- July 7, 1978 ZONING REQUEST: The proponents are requesting rezoning from Rural to R1-13.5 with no lot size or setback variances. Therefore, requirements of the ordinance the plat must meet are: Maximum density 2 lots/acre minimum lot width 90 ft minimum lot depth 100 ft Setbacks: 30 foot front 20 foot rear 10:25 feet one side; both sides Minimum lot size 13,500 square feet Preliminary counts indicate that the plat as submitted will require variances from minimum lot width and depth as approximately 76 lots of the 112 are less than 90 reet in width. ( 68%). The staff believes the plat can be redesigned to bring many of the lots up to meet the minimum width requirement. The plat has a gross density of 1.85 units/acre ( 207 acres, 112 lots ). This is under the maximum density allowed of 2 lots/acre. The City's 1958 and 1966 Zoning Map depicted this site as Residential-Agricultural with a strip of Public, Open Development, Conservation & Reclamation District approximately 500 feet wide along Riverview Road. The area was zoned to Rural at the time of Ordinance 135's adoption in 1969. GUIDE PLAN USES: The 1968 Guide Plan shows this site as single family residential with park uses to the west on the BFI Planned Unit Development. • The Draft 1978 Guide Plan illustrates this area as low and medium density residential . There have been attempts by bluff area landowners to compile an overall Bluff PUD, but no plan reached a stage of application, and therefore there are no other plans other than the Guide Plan in effect on this property. • Staff Report-Bluffs West 2nd -3- July 7, 1978 SITE PLAN ANALYSIS Streets Existing Riverview Road has grades of up to 20% and the road is not of sufficient width or improvement to handle traffic from construction or the ultimate 200+ homes. This road should be upgraded to City Engineer's recomnendations. The southern most east/west street, on the east side of the plat where it is Riverview Road is platted as a 66 foot ROW. At the first street intersection the southern half of the road decreases to 25 feet while thenorthern half remains at 33 feet. In addition, a north/south street intersects near this first intersection off-set only 75 feet, ( City minimum is 150 feet ). The City Engineering Department , after brief review o f the plat, would recommend that the intersection either be aligned or off-set the minimum 150 feet and that the southern most east/west street should be d minimum 60 foot ROW through the entire plat. • The northern most east/west street is depicted as 60 foot ROW. Engineering Department is recommending the street be increased to a 80 foot ROW to allow for a 32 street curb to curb. This street will be the mdpr collector and therefore no lots should access directly on the street. The plat as proposed does have lots 2 and 3, block 1, accessing on the street. The proponent has submitted an alternate lotting pattern in this area which is acceptable as illustrated in figure 2. Grading It is assumed Orrin Thompson will be the purchaser of all or some of the lots . It is believed their development process includes mass grading the entire area, stock-piling the topsoil, and then redistribution of the topsoil during home construction. As indicated in the Draft EAW , this area has very errodable soils . Unless the grading and soil erosion plans are reviewed and approved by the City Engineering Department, Minnesota River Valley Watershed District, Riley/Purgatory Creek Watershed District , and proper erosion control measures taken, severe erosion will occur effecting the lots .:ithin the plat, road systems, and the watershed. For many years the steep bluff overlooking the Minnesota River Valley has been subjected to 4-wheel recreational and overland terrain vehicles causing erosion,policing problems, and many tresspassing complaints. The developer anticipates that platting this area will alleviate this problem. I L/ 1 .. ... . . . . „,. .. . . • - •• - • t 1 1 1 . •. . :. . ... • • . .: f . . . , , ..• . .. .•. . • • • . .. .3 -1-e717-; . . . • .. , • • • --- ---- . . . . .,,,,,..---__--- . I. . • ' . 7.-----\....) t, 4°1 1 • i • / -,......: -----7--- i i .77-P‘7'i ..\--‘1"--:.\--: I lie - -72-:—.1 >,---S/ 7/ \\. i 1- ‘ 4 .• 1 t) 1.ke..._ Lk • I _o__--_-._.-.--_-•- •' 4--.-:77-•:-----::--- ' -;"--Vr-- 1 . .i, . • / 7\, i,ir: 4 . t, ,1 . ,1 . 0,.. iit, \ . .... . .. .. .\ . i of 1''. ,.:1_,..,,,,,,,<:-.- .,.-\ .• ... , kK . r"--------V\ -'1- , . 6 . •! i . ., •1 1 :. . 5 2, 4 •1 :s ,1 1 ....-7-71:-.•40---, . , -;,.---..-:••-%:-.------1\\ •, :i 1 :. .. ,..!,-..,..--1 n ,\,, :•• 1:: -.4 ko -t :i \\ •:-1, i , . //r ..st s :-...":\6 t•I • I ------ ., , 1 -. .;;;;;:i....• . • : • -,- .1/ ---•-...--_____.. ________. ,1 .---;•;--------1 i • C.; 1 x • -; • . , • tk. • tp, .;1.tik ‘......i° '.. ..!, , ••1 \\ , . 0 ..,, z. ,,/.. \,. I 91.1.1. • A. if • (.; I '., •,-'n n „..„, ' \\. 4 4 A 10 . ,, ......-.1::;: • i I .7' 'N:1.11 — • .:::\ . • —:0"...`" ;;;'. ,A'1 . \ t.i _,/.,.— (r\ \.•-•• '-'-' ----;' 1\ 1V--",- 0 1 • 'I I • 0 . . . . i „..,"."‘% . • •,-,• .. . - . . . Figure 2 • ____ 4 • . • i 1 1 51 i . I • Staff Report-Bluffs West 2nd -4- July 7, 1978 It appears that access to lots 24-36 , block 8, will be extremely difficult to achieve without excessive grades and investment in retaining walls, etc., to prevent erosion. The staff would recommend the area of lots 24-36 be replatted into wider lots enabling more flexibility for access without steep grades and potential for erosion control problems. It is advisable to have the area rezoned to a single family district so that sewer and water hook-up is required. Lots 5-19, block 8, will have to have erosion control measures approved by the appropriate agencies and strictly enforced to prevent slides which would deposit soil on the lots below and Riverview Road. Minimum floor elevations are shown for all lots except the lower most lots, lots 24-36, block 8. The elevations shown allow for proper drainage to the streets to accommodate flow into the storm water system. Drainage Three ponding areas are shown , but no information as to inlet and outlet elevations were submitted. The Engineering Department requests that this information he submitted prior to final plat application so they may review the feasibility of the system shown. Outlots A & B The proponent states outlots A and B will be residential and will be developed eniunction with the BFI property to the north some time in the future. Parks During previous plat reviews ( Prairie East Additions ) neiyic:~'eod parks were identified in the southeast corner of the City,(see attached map). These parks will be paid for from the cash park fees collected in the affected area. The proponents of Bluffs West 2nd propose to pay full cash park fee towards purchasing designated parkland and not dedicate any land in lieu of cash. Since neighborhood parks have been identified and the plat is composed of lots 13,500 square feet and larger, the staff would recommend the cash park fee be paid with no additional totlot or park areas to be dedicated to the City. This plat will be in close proximity to neighborhood parks, Purgatory Creek Corridor and scenic overlooks, and the Lower Minnesota River Wildlife Refuge Area. zi; Staff Report-Bluffs WEst 2nd -5- July 7, 1978 . Trails In order to feed pedestrians and bicyclists to the backbone trails along Homeward Hills Road up to Co.Rd. 1, and to provide access to the neighbor- hood parks, the staff would recommend the following sidewalk system be installed by the developer: 1. Five foot concrete, 4" deep , sidewalk along the west • side of Bluffs Boulevard. 2. Five foot concrete, 4" deep , sidewalk on both sides of the most northern east/west street as it will be redesigned to a collector of 80' ROW. Construction of the sidewalk on the south side of the road woul d occur at this time with construction of the northern sidewalk coinciding with future development. 3. Five foot concrete, 4" deep, sidewalk along the south side of the east/west street across Bluffs Boulevard from Chesholm Lane. • , —,,,-,- -,,,,,--:-... ;„,,,,,,\.—,-,,. , ,_. 4,./ , . ---,_________ _.,,,,,.., ..„, , , ,..„.,._,.,, .,,.:_:„. ..,. ;_______ 7...._ , ________ —,-- _ , ,,, . __, .._...___,..., i\,.. 5, ,„_....„ ., :, ?„,„..,,.., , ,______,, ,_<.._,_ \si\ .... . , , .. .,:•,,,,,,_,,,,..._•,_, ,., 4-...-4.'4 1 Z; -7-,:.--.3;; ,..,:. 00, , ,. .1,...„.f.----...4... )., %,_,,,..\,,,,..:...,. .2,'t. !, :,--,-;-i.k ..,..;.-:, ,. s ` . t °- " " �! j / • ,--.1". -rrl -T , �,, 1\i, _3t r ,� r ! 47.4 rr .�.7'( .SJ+I, t`w-"'j( � „� 1,r t. i t"�1 . _. �� NVVV4r � � � �,,t {� �• _p yt"'I 11 " t �i '\\,.... t I..� 1.1_ " to r\ 4 __4. r n L. / • ! rL iio1 tea ,, A � • 'fi:+f. J - ^ rI1 ' ' t.t....f.z.;s..i I:.7:,...: i.-- ....,,.:.1.::,, ,,,,,,:I b I..:•/ . I.\•1i "'!:_i:s\s,,.::.'.,;../ `..1� s Staff Report-Bluffs West 2nd -6- July 7, 1978 RECOMMENDATIONS The PlanningStaff would recommend approval of the preliminary plat for approximately 207 single family lots and rezoning from Rural to R1-13.5 for Bluffs West 2nd Addition subject to the following items: 1. The ROW of northern most road should be increased to BO feet and built according to Engineering recommendations. 2. The east/west road coming from Chesholm Lane should be increased to 60 foot ROW to allow a 3D foot road surface as required by the City Engineering Department. 3. The Plat should be modified to align off-set road intersections or off-set the intersections at least 150 feet. 4. Old Riverview Road should be upgraded to a rural blacktop section with appropriate curbing as required by the City Engineering Depart- ment. 5. Lots 24-36, block 8, shall De increased to a minimum 150 foot frontage to allow more flexibility to the individual lot buyer in placing the access driveway to decrease the slope and potential for erosion and special structures. 6. That blocks 1 and 2 be altered similar to illustration in figure 2 so as not to require fronting of lots onto Bluffs Boulevard or northern east/west collector. 7. A variance from the minimum lot frontage shall be given for lots in blocks 1-7 provided that the sideyard setbacks of 10:15 feet and minimum lot size of 13,500 square feet be adhered to . 8. That sidewalks be placed along the northern east/west collector and the east/west through road directly west of Chisholm Lane , as outlined in this staff report, at time of utility construction. 9. Cash park fee of $275 / lot shall be paid at time of building permit issuance. 10. Detailed drainage plans shall be submitted to theCity Engineering Department prior to final plat application for their review and approval. 11. This project must be reviewed and approved by the Lower Minnesota River Valley Watershed District prior to grading permit issuance. 12. Theproject shall be constructed in no less than 3 similarly sized phases with stabilization of one phase completed with proper erosion control seeding and sodding techniques and storm sewer completed prior to commencement of the next phase. , • w N ..\ ,, • 1 4# • W a . •. 4 t :........;:.;... " •4,... `,-,.i.;,',11:‘,k.' ...•:. 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I- 4 40.. :In •--II DI 4440'72 1.4:1.• .54x IA jil ..1 iglira it • '/ .g r,`,;..,.,. 2••(=.i.,. . :,.- t.41,I) ,i. ; .. • • I 0.?,..-t4i,;.,.. ilgi. a ; -, .t- ..1 ...._ _ ._ . . • ... ----1L.- 1 2 _ 1111,- :<•, 0, .. r y . 1 ""1 ••••••••.-••-•-•.—",,....i'•••••" ,.• , il . .• , .. - ------- ' 1, . _ _ il...,..•••:........... :) '_ ...: ,_ •. -.., • <7 4.)•--N ,....•••• : . /......' ' ..... ...... ,,,, ....... f . ,- 1 ' f'• I -- . 4 e • I i t / ( M Char LyN Jep(eseN �reserVer • R� . `t f. • ( ." ' : «boos 5z. 330 ).--1)31-1..' 6 F f 5 Co. :TH44!...-' -- . 0630 ._ C �h ` 'btu 5 O. e : c . H-- • n;hkN DT zooBLUFFS Co. �beoo) .; riiv • �.� A �- . agooP AN:ON W uooN f. .$ �� Ati`�`sota (50V.9 M ��yer i, Approved Planning Commission Minutes -7- June 26, 1978 Motion 1: Redpath moved, Lynch seconded, to close the public hearing on Creekside Heights. Motion carried unanimously. Motion 2: Redpath moved, Lynch seconded, to recommend to the City Council approval of the rezoning from Rural and 1-2 Park to R1-13.5 and I-2 Park subject to the staff report of June 22, 1978 with the following changes : page 7. 7. The developer shall agree to provide 20% of the units to the home buyer for no more than $40,000 and 80Z for no more than $50,000. page B. 2. Within 6 months of rezoning of the proposed industrial building the owner must commence construction of an approved industrial in order to carry on his existing industrial use of the property. Discussion: Sundstrom questioned what trade-offs the City is receiving for granting all the variances the proponent is requesting. Redpath and Lynch believed the trade-off was the opportunity for the City to provide opportunity for low and modest cost housing. Vote: notion ce'-ried 3:1 ( Sundstrom voted nay ) Motion 3: Redpath moved, Lynch seconded, to recommend to the City Council approval of the Creekside Heights preliminary plat dated May 26, I978 as per the staff report of June 22, 1978. Motion carried 3:1 with Sundstrom voting nay. D. Bluffs West 2nd Addition, by Hustads, Dr. Brandt and Browning Ferris Industries. Request for rezoning from Rural to R1-13.5 and preliminary plat approval of approximately 207 lots on 1I2 acres. The site is located north of Riverview Road and West of Homeward Hills Road. A public hearing. Due to the late hour, Mr. Putnam, Hustads, very briefly presented the project stating no variances are being requested. The Planner referred the Commission the draft EAW and stated the staff would recommend the item be continued for a staff report. Chairman Sundstrom asked if anyone in the audience had questions or comments. None were raised. Motion Redpath moved, Lynch seconded, to continue the public hearing to July 10 for a staff report. Motion carried unanimously. • Motion Lynch moved, Redpath seconded,to forward the Bluffs West 2nd Addition CAW to the Council without a recommendation. Motion carried unanimously. 2 I �:> Sept. 5, 1978 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION CUL-DE-SACING RIVERVIEW ROAO RESOLUTION NO. 78-167 WHEREAS, there are continuing erosion problems, street main- tenance costs and public safety concerns regarding Riverview Road from T.H. 169 to Homeward Hills Road, and WHEREAS, a public hearing was held on September 5, 1978, before the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: Riverview Road shall be cul-de-saced at a point approx- imately 5100 ft. easterly from T.H. 169 and also at a point approximately 1150' west and south of Homeward Hills Road. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 215L i f ..5 , ,,,, 1 •illIN \*NT`-'• 1 1 I 1 1, • , ., . i Illii . . 1 11 MOW!'lilt' ' it / ..! • (d 1,, . •• i.„, s 13 / .i rt'.,3' . Ift# * 4OP . Z . 11 ii 1 IL i C yr 1 r IT E. m - i irn A 11 li sg. II 0 t. • 0 ij - :-@.' • i C I t 1 i o • th g.. - te4 'mniRiu 4,4 rbailk., „, )) 1 • :N0 .c,c.) In I 04 Fl '--•,' Afo ,,‘ • •ffz, fl- ' HOMEWARD HILLS ROAD ...i A Y . ( it i ,f 7j d' iitIO t c f,,v 4, v,,•„, i ( `-'" -'.• . • ; . . I It r ob IS:1) . . I 5 4crf. (1, -t , 215 i'e a )6 ' P n .1 1 Sept. 5, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION CUL-DE-SACING CREEK KNOLL ROAD RESOLUTION NO. 78-157 WHEREAS, the Minnesota D.O.T. has requested permission from the City of Eden Prairie to cul-de-sac Creek Knoll Road near T.H. 169 in conjunction with the signalization project a.t the T.H. 169/Co. Rd. 1 intersection, and WHEREAS, the present intersection of Creek Knoll Road and T.H. 169 is a safety hazard, and WHEREAS, a public hearing on the proposed cul-de-sacing was held on Sept. 5, 1978, before the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: That permission is herein granted to the Minnesota D.O.T. to include the cul-de-sacing of Creek Knoll Road at T.Y. 169 in the construc- tion plans for SP 2744-28 (T.H. 169/Co. Rd. 1 signal.) ADOPTED by the Eden Prairie City Council on 1 Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 915'1 a�NNESOT4 1ZO D < Minnesota Department of Transportation • a g ¢ District Five +.OF Ta.Z:1)1- 5801 Duluth Street Golden Volley,Minnesota 55422 (612)545-3761 August 10, 1978 • 1-'31 �� Mr. Carl Jullie • Eden Prairie Engineer 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 In reply refer to: 315 SP 2744-28 and 2744-31 (TH 169) At CSAH 1 and Vo-Tech entrnaces in Eden Prairie, Hennepin County Dear Mr. Jullie: I'm writing to follow up our discussion on August 4 regarding the above referenced projects, especially our discussion on the intersection of Creek Knoll Road and TH 169. As I mentioned, Mn/DOT along with the FHWA, is concerned about the hazards associated with this intersection, as expressed in our earlier meetings. I think we all agree that our safety improvement projects do not address . this intersection. Consequently, the FHWA is withholding Design Approval until this problem is satisfactorily resolved. So that these projects may proceed as scheduled, I request that you take the necessary action to obtain public input and support for closing Creek Knoll Road at its intersection with TH 169. As you indicated, this can be done through a public hearing on September 5, at your regular Council meeting. As I mentioned, this closing could be made part of our construction plan. I look forward to hearing from you and if you need any assistance, don't hesitate to call me. r Pint • Mn/DOT Project Manager . AEP:bn S di I • 9 i i.111 .1 C An Equal Opportunity Employer approved Planning Commission Minutes - 2 - August 14, 1978 • IV. REPORTS AND RECOMMENDATIONS • B. Cul-de-sacing of Creek Knoll Road, located between U.S. 169 and Pioneer Trail. The Planner presented a request from the Department of Transporta- tion to cul-de-sac Creek Knoll Road as part of the proposed up- grading of the intersection of T.N. 169 and Co. Rd. 1 (to be let • in 1979). He explained that the possibility may also exist for the extension of Creek Knoll Road at some point in time up to • Sunnybrook Rd. The potential right-of-way would be acquired by Mn DOT as part of the T.N. 169 road improvement. Lynch inquired whether the Department of Transportation was aware of former Planning Commission suggestions on cul-de-sacing on either side of the bridge on Creek Knoll Road. The Planner responded that tin DOT was aware of this suggestion, and that it was their in- tention to eliminate access onto T.N. 169 at the existing Creek Knoll/169 intersection, because it is hazardous. Mr. John James, 9566 Woodridge Dr., expressed opposition to the proposed cul-de-sacing of the road because of additional mileage involved and was in favor of keeping the intersection open in order to channel traffic in two ways. He was also concerned about an alternate across for ,...,ergency vehicles: Redpath, noting housing construction to the southeast, did not feel it was an advantage keeping the road open because of the extra traffic that would "short cut" through on Creek Knoll Road. Martinson inquired how many families lived on the road. The Planner responded that one family takes access directly from the road and approximately forty homes have access off of Creek Knoll Road or Co. Rd. 1. He added there have been numerous complaints received on the intersection of Creek Knoll Road and T.H.169, as well as • Sunnybrook Road and T.N. 169. Lynch asked where the nearest locations of north/south roads paralleling T.N. 169 on the west and east are. The Planner res- ponded that there is currently Franlo Road existing approximately 11 miles east of T.N. 169 and Co. Rd. 18 occurringapproximately two miles east of 169, and Co. Rd. 4 ,occurringapproximately two • miles west of T.N. 169, and Mitchell Rd.occurring one mile west of 169. He further explained there were plans for a north/south collector road occurringeast of T.N. 169 from Homeward Hills Road north to Preserve Boulevard and that there taas also the opportunity for a minor collector road o curring through the Olympic Hills 5th Addition connecting up to Anderson Lakes Parkway. Gregg McCormick, 9449 Woodridge Dr., expressed favor for the cul-de- sacing p -Creek Knoll Road, commenting that excessive speeds have been clocked on the road, making it extremely dangerous. He noted that people tend to take the shortest route, and that with the new construction, the traffic would get extremely heavy for a road that is not built to handle it. 2�yT,1, approved Planning Commission Minutes - 3 - August 14, 1978 Tom Myers, 9539 Creekwood Dr., spoke in favor of the cul-de-sac, commenjing that the road is very narrow and would not handle the additional traffic from new construction, noting also the potential park site lying on the west side of Creek Knoll Rd. , and the un- desirability of heavy traffic in that area. Mrs. Don Nemec, 9449 Creek Knoll Road, spoke in agreement with the cul-de-sacing of the road. • Mr. Gregg Koschinska, 9379 Creekwood Drive, noted the danger involved • when trying to turn off of T.H. 169 into Creek Knoll Road and expressed favor for the cul-de-sacing plan. • MOTION: Lynch moved to recommend to the City Council approval of construction of Creek Knoll Road cul-de-sacing by Mn DOT as per memo and diagram of 8/10/78, with "knock down barrier" placed at the north end of cul-de-sac for emergency vehicles. Redpath seconded, motion carried unanimously. B. Briarfield Estates, by Pride Maintenance. Request for PUD concept approval for multiple and commercial with rezoning from Rural to • RM 6.5 for 25 lots for 50 duplex units. Project located north of Valley View Road. A continued public hearing.. Doug Goriesky, representing Pride Maintenance, gave a brief presen- tation outlining the project illustrating the changes that had been made since the original submission. The Planner reviewed the Staff report recommending approval of the PUD for multiple designation with no density approval at this time. He further recommended approval of the preliminary plat and rezoning of 25 duplex lots from Rural to RM 6.5 subject to the Staff report of 8/10/78 and the plan of 8/10/78. He explained that the Staff report recommendations included paying a cash fee to be used for construction of a sidewalk along the southern boundary of the duplex site at some future date. As a further recommendation, he suggested elimina- tion of lot 5 as a building site in order to preserve a larger per- centage of steeply wooded slope. He also mentioned that the Planning and Engineering Departments felt that a 34' right-of-way dedication should be given by the proponent along the north boundary of Valley View Road on the eastern half of the site. Bearman questioned the location of the sidewalk and why it was needed. He also commented that he felt it was not proper to require 34' dedication of property from this owner because he felt Valley View Road should not be upgraded even partially through this section, as it was not in accordance with the Smetana Lake Sector Plan. Sundstrom questioned whether truck traffic should be brought along the residential area. r P,1(oJ :01/71 MEMO: TO: Planning Commission FROM: Chris Enger, Planning Director REGARDING: Proposed cul-de-sacing of Creek Knoll Road This is a request by the Department of Transportation to cul-de-sac as part of the proposed upgrading of the intersection of T.H. 169 and Co. Rd. 1 to occuriin 1979. Attached is a drawing showing pro- posed re-alignment of Co. Rd. 1 and the anticipated cul-de-sacing of Creek Knoll Road. Cul-de-sacing in this location will eliminate an unsafe intersection with T.H. 169. Anticipated right-of-way acquisition for T.H. 169 in this general area may provide the oppor- tunity in the future to connect Creek Knoll Road with Sunnybrook Road, thus helping to eliminate a bad access with Sunnybrook and T.H. 169. CE:ds • ' r . • y 1, S .td` 1 ',•'••I,t. , • G ,y •:i 16 .'. \tilt, ? LI�NNrENl �, ,.�;, C • REF _ --1 -,..,a.•r, . s. 1 •, ' i:2 ' �. 'P f.�%! i•�,I� ,,.' `Qj�IF :'.. ; /�� • J '1 ( \\ a l 1.0 l 4 `. 4 t.F ' 1 Il '1 • r i I. ' r ,, D L I • • k.� ''• ' 11 I.! / III ' � ` .' , I I i • { ,. 1 .,.. l u 11 a;L 1 p• 1 II. C ;.1-q .h' / o J � 1. • v NI j r.-' ss - ' 1 �``• Imo; • \ • II r, R . A MLhi"Cr -g . • I. 0. (.................. Y -`u.; . '� :1 i ' — -1,y r\� • ., t.^ . ( f I I. : . • t (� >fo �t ..,1 Matt+ . ... ,....„.„.. .\,,, , . , _,,x., • . \ 1 ...' i '..•1,4,,- • .\s:. ;:: ,•-.,.. ::i...._:_\ .-•. :......,,,•-••.., 4 ,,:„..:.. -. . • , ! 1'+1 1\ ' I;� �+'`a �; ,.\ j ice}: ;: 1. Il�d '. �i I>� .+fir`•» • • 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: Public Hearing for Cul-de-sacing Creek Knoll Road The Minnesota Department of Transportation, District 5, has requested that the City authorize the cul-de-sacing of Creek Knoll Road at T.N. 169 in conjunction with the signalization project at Co. Rd. 1/T.H. 169. This cul-de-sacing 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 Sec==tuber 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 • 2 Ito J • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN, that the Eden Prairie PlanningCo/mission will meet on Monday, August 14, 197B , 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 Al e• i tact n(i • •,) ! .•:Y .•4 It. A, oft.. • i'• •'�.1.•. • i •• $• .dam;' •• • - -- tt•),rc,..,. ..,. /ram/` .,,,.' .—,c. ;,i, ... Sept. 5, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 78-53 AN ORDINANCE CHANGING THE STREET NAME OF DARNEL ROAD TO BLUE GRASS ROAD IN LAKE EDEN NORTH PLAT TWO AND LAKE EDEN SOUTH THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: The street name "Darnel Road" is changed to "Blue Grass Road" within the platted limits of Lake Eden North Mat Two and Lake Eden South described as follows: Beginning at the intersection of Darnel Road with Porcupine Court, thence southwesterly and southerly along the platted limits of Darnel Road to the southerly line of Lake Eden South and there terminating. First read at a regular meeting of the City Council of the City of Eden Prairie this 16th day of August, 1977, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 19 . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk Published in the Eden Prairie News on the day of 19 IJI � /.'J 06 ? 31978 t , , /9 7 k9 s ,c9- ,cc '/,0- -i/1.LL1 4.. IN 1 � •H.C.�..e o _ �r e.,+.cC 0-L. • l/ e"1-c o cZ ��-c�c� , cam. �7o rrwt_ ..c r: cL ezi- • Nartx 9.Ilo MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: Sept. 1, 1978 SUBJECT: Petition from Heritage Park and Round Lake Estates Residents (8/23/78) The attached petition has been received from residents in the Heritage Park and Round Lake Estates neighborhoods requesting additional discussion on the Council's motion on 8/15 regarding the transportation plans for the Round Lake area. The City Staff understands the intent of the 8/15 Council action regarding this matter as follows: 1. The Council endorse the direct route alignment for the extension of Valley View Road through the Round Lake School/Park area. 2. The Council approve the conceptual street layout as shown on the attached drawing. 3. The Staff was directed to work with the developer of proposed Lake Trail Estates to address the concern of possible excessive speeds because of the long, straight alignment of Luther Way extension. 4. That Luther Way, within the Kirk Meadows Addition, shall be re- turned to its existing dead end cul-de-sac condition at such time that the following should occur: a) A northerly road connection is completed to County Rd. 4 via the direct alignment of Valley View Road, which will provide alternate access for Heritage Park, Round Lake Estates and Lake Trail Estates residents. b) A traffic signal is—installed at the Heritage Road/T.H. 5 intersection. 5. The Staff was directed to contact the Minnesota Department of Trans- portation regarding the warrants and cost participation for traffic signal at Heritage Road and T.H. 5. 6. Lake Trail Estates and Round Lake Estates Second Additions may pro- ceed to he developed with the connections to existing Luther Way and T.N. 5 and providing for the eventual connection to Valley View Road, as shown on the attached drawing. _ 2 _ The attached letter of 8/24/78 is a preliminary response from Minn. D.0'.T. on the signal request for Heritage Road/T.H.5. It will probably be at least 4 to 6 weeks before the warrant determination is completed. In order to help alleviate th. concerns of the petitioners, the Council may wish to consider the following two additions to the 8/15 motion. I. The City will pursue the traffic signal installation on Heritage Road only if the warrants are met and upon receipt of a majority petition from residents of the Heritage Park and Round Lake Estates Subd. j. 11. Prior to closing a connection to existing Luther Way, a public hearing would be held for the Council to consider any new facts or circumstances which could develop between now and the time that the north connection to Valley View Road is open, or the Heritage Road signal is installed. CJJ:kh Attachments • 2I�5 August 23, 1978 TO: THE MAYOR AND MEMBERS OF THE EDEN PRAIRIE CITY COUNCIL RE: REZONING AND REPLATTING OF THE LAKE TRAIL ESTATES The residents of Heritage Park and Round Lake Estates request by this petition to discuss the motion passed by the City Council at their August 15, 1978 Council meeting in reference to Item III B of that agenda. The item has been discussed with all the Council members and City staff by certain residents in the neighbor- hood. The implications of the motion are as follows: A. Lake Trail Estates road work and construction can commence immedi- ately and most of the new homes could be built without another access which is in direct disagreement to five (5) years of Council meetings and prior Council approval. This is also in direct contrast to the Planning Commission's recommendations. B. Most immediate is that the residents of Heritage Park and Round Lake Estates may no longer have access to a second way out of our area. This is in direct disregard to five (5) years of Council meetings and prior Council approval. In acid'"on, it disregards every sta`ttment and recommendation of the Planting Commission for five (5) years. C. All of the new homeowners will have purchased expensive homes with no prior knowledge or input into a road closure that we are sure will not be pointed out to them at the time of purchase. The Council, we, nor Luther Way residents have the right to remove the consideration of such new residents and their point of view by an action passed today to alleviate the feelings of seventeen (17) homeowners on Luther Way. If the connec- tion to Luther Way is to be closed, it should be done only after the homes in Round Lake Estates II and III are complete and only after the City of Eden Praire can determine the correctness of such a decision. This decision can best be made at aluture date when community traffic has stabilized. D. If a semaphore goes in at Highway 5 and Heritage Road causing Luther Way to be closed, we can now have upwards of 150 homes all trying to exit at Heritage and with no alternate route for emergency use. E. The past Councils and our petitions (i.e. August 9. 1977 and June 28, 1978 signed by 78 residents all from within our area, which is 13 more than the 17 homes in Luther Way area) have agreed and/or requested that no new building would commence until a permanent alternate route exists. A closure of a temporary route is not a permanent alternate route. • F. If a semaphore is approved by the State, North/South traffic off Valley View will now flow down Atherton, to Kilmer, to Heritage for exit onto Mayor and Eden Praire City Council August 23, 1978 Page Two Highway#5. Why must only the residents of Heritage Park and Round Lake Estates (the majority) be forced to bear this traffic? It is not unreasonable to ask the residents of Luther Way to share the burden of traffic. (Please note that Luther Way was never a cul-de-sac. It is a dead-end street just as is Atherton and also Heritage.) Signals at Heritage and Highway#5 will undoubtedly mean an island from County Road #4 to Heritage prohibiting left-hand turns at any point in between. How then do the people on the south side of Highway#5 headed west get into their property? G. The cost of a divider, light and an access road for south of Highway #5 residents will certainly far exceed the cost of the Luther Way tonne ction. As taxpayers, we violently object to our tax dollars being spent in such a fashion which merely appeases 17 homeowners with no empathy for their city or neighbors. H. A pedestrian/bike trail from Heritage Park and Round Lake Estates to the shopping mall was discussed at the 8/15 meeting, but not made a part of the final motion. The residents of Heritage Park and Round Lake Estates feel it is very important that a pedestrian/bike trail be made a part of the motion. I. Semiphore at Highway #5: A. Because of the semiphore, the streets in Heritage Park designated for through traffic will become collector streets even though the City Thor- oughfare Plan does not classify them as such. When a car is parked on any of these streets, it is impossible for moving cars to meet, and this can only be done if one car stops and waits for the other car to pass. B. If a semiphore is constructed at Heritage, more than likely the median from County Road #4 will be extended past the new church exit west to Heritage. The new church exit would then be made a right-in and right- out only. C. With a semiphore at Heritage, the new high school will use the through street to distribute the buses to and from other parts of the city. Also, there will be a greater number of people going through the area for school functions. D. If the new semiphore is put in and access through Luther Way is cut off, the area will still be isolated if there is an accident on Highway #5. 1. There is talk of a breakaway chain on Luther Way - ambulances and police cars do not carry bolt cutters. 2, Does the Council realize the cost of keeping this area cleared of 1..0° snow and snow drifting? It requires special equipment. 3. This approach is used for single complexes - not acres of housing. Mayor and Eden Praire City Council August 23, 1978 Page Three E. The cost of a highway semiphore is approximately$80,000. Can the Council justify this expenditure or portion thereof? A semiphore does not solve the problems of the area. F. Highway It5 to the west of Heritage is at a lower grade. When traffic is stopped at the semaphore, with today's lighter cars, they will not be able to get started on the hill in the winter. Also, access to the homes to the south of Highway 5 would be difficult. G. The problem is now during peak traffic on Highway 5. When traffic is stop.and go, a semiphore will only make it worse. Access to the north and east is the only solution to disperse the traffic, especially with additional homes. H. With the new church and a semiphore intersection at Heritage, Heritage will be the route of the church members. What if they begin a day care or school program? I. If there is a semiphore at Heritage, the future design for the development of L'.e open land (100 plus acres of farmland) will be to direct the traffic to the semiphore intersection at Heritage and Highway#5. II. Road to the North: A. For sound planning, the area needs a road to the east and north (in the future to the west) because of the difficulty of Highway #5 (winter con- ditions, peak traffic). B. Any planning consultant will tell you the more ways to disperse traffic, the longer that area will remain viable, especially with the consideration of additional homes. C. During peak traffic, Highway #5 is now backed up from County Road #4 to beyond Heritage; therefore, it will be impossible to get on Highway #5 at the new church access so all the traffic will go to Heritage and Highway #5. With the additional homes in the area and no place to go on Highway #5 during peak traffic, the best solution is for dispersion of traffic to the east and north -- which would allow traffic to also filter onto Highway #5. This petition is signed by //{`% of the Round Lake Estates and Heritage Park res- idents. There are presently 50 homes in the area, of which 46 are occupied. • I , N q J \ < '4, --.4 \: z4 — . :, ‘, •• :. 4,0 -z - , c, ., . ... q - _ , .. . k: _-6 -r: s‘:. -,, K. - ,. \I. \I . F • ale k;IC �� tom, ifW P Y H \ • 8�w� c r • - -; 3 i ..i • ,• .4 , • . =6 ,,,,. •,.... .,.., �1 . ,•,. '•', .,_, u., ; 4. ,i). ,,- . ; • _ 3 o n N M1 \. 1 r r. v n ^ ^ w n 6 IIL 4 i) .t is r li 1 i., . . 4.: M ..--, '1-7.?, c 3 l,_ 1 _} Y il �) . 21'12- 1 4 ., .-12 __ , ., „ -,..). P 2 1 Z II ... 0. r — -.•., t• -- al , t ft . lig • ..), t rog q -ce 1 , v.:4v ., • , ... .2....t • ., •,) ,E, 4:ell.:... 10 ,, , _„ ,, . • :„. 1 1 --:Z to' ZSol , • ' z'c `%•-• •N , • I 1 *., ' . ' • i — o . o ,s, •z=• ,1 ...1 r 1 . wl ,......\' 4' . il ly u9 rge Eqz .40 F.f.'.`4 Ir.*: ":! q) - -,'"itY-; 2t11,,;; -.-7 c ...: • ,0-4- ''. z,le.E., -. ii,-3, - 4, 11.x A 2-11 \ n -- 1 r , . , fi w1 o d g Go !J \. U 2 C` . 16%4 . „is. ... UP a k, A ti,... 1 N., d1 i .4dI i . ti IL _ 4'ilP t!! 1 VP n zt1L fY • p wii v 1.4 W N M 41 yawl M W" tl az.1< 115 \-; 44---7. .-'i'; ' V ,IL: 1101 _11_,g. ..--r-ar. _ . III iri- N ` ,IA /1 • • _ ap iir • - t. - \ ,1 `• ; - t . ‘ ti ; . • ... , vo,immetfr‘ i ...4 a. IliR : OA IC dam` i"a4I 3 R% I' -.•.>!•��V,,/ is `�r , �� fi � :1AII • • / ,~ lit il1111 i . • 0 04 Nil 1 tiKt* 1 m, i i, \,$'14°41.-44 /pc, c.- -,i \4144,qr-1- \\ i .417149 -- '''\- -./ -0 ,N\t:C.,\ k 1 . 21 ir •:, / • . . -- 4"),-ill::. , . � 1 rii .1,`, .0s°7q Minnesota 'Q Department of Transportation 4 District Five 5801 Duluth Street of 710' Golden Valley, Minnesota 55422 August 24, 1978 1612)545.3761 Mr. Carl J. Jullie Director of Public Works City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 In Reply Refer To: 315 C.S. 2701 (T.H. 5) At Heritage Road Traffic Signal Dear Mr. Jullie: In response to your letter dated :,.gust 17, 1978, we will co.r.:uct a signal warrant study for the subject intersection as soon as i schedules permit. However, even if warrants are met, it would ; probably be a few years before we could install a signal since our priority list currently has S9 locations within our District which meet one or more of the warrants and yet do not have signals be- ); cause of manpower and funding restraints. i The cost sharing of the signal would be based on entering leg jurisdiction. Therefore, the State would be responsible for 2/3 and the City of Eden Prairie 1/3 of any non-federally funded costs. At todays prices, the estimated signal cost is $70,000. However, r roadway channelization will also be required which may cost an additional $200,000 or more. We will let you know the results of the warrant study. I Sincerely, "3/ 04;./..etf, R. Michael Robih on, P.E. ', District Traffic Engineer ' An Equal Opportunity Employer 1ri TO: Mayor and Council THRU: Roger Ulstad, City Manager FROM: John Frane, Finance Director DATE: August 28, 1978 RE: Random Special ties - Request for MIDB's { Random Specialities, a company presently located in Hopkins and Bloomington is requesting the City's approval for M.I.D.B.'s in the form of a mortgage. City Guidelines Random $500,000 minimum $775,000 2 year audits Furnished Dun and Bradstreet • Furnished • Earnings 2 x Principle and Interest 2 + Random plans to build on land zoned I-5 which is proper for "eir use. Resolution #78-155 is enclosed for your consideration. r ( s P, A , R- ...,-"4"/q)./-j: ' . l A j�,,� ,y t t t,. r r',- of 1y Jw• .a�` it fL� • r 78-155 • • • RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT TO BE CONSTRUCTED AND FINANCED UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. There has been presented to this Council a proposal that the City undertake a project pursuant to the Minnesota Munici- pal Industrial Development Act, Chapter 474, Minnesota Statutes, consisting of the acquisition of land and construction thereon of a combination light manufacturing-office building (the "Project") in the City to be used by Random Specialties, Inc. (the "Company"). Under the proposal, a Minnesota partnership consisting of Messrs. John W. Allen, Paul W. Allen and Keith P. Allen (the "Allen Partner- ship") will enter into a loan agreement with the City whereby the Allen Partnership agrees to construct the Project and the City agrees to issue up to approximately $775,000.00 of Industrial Development. Revenue Bonds (the "Bonds") pursuant to the Act to finance the Project. The Bonds will be issued to an institutional investor or investors in a tax exempt private placement mortgage financing whereby the Bonds will he secured by a mortgage on the Project. The Allen Partnership will retain title to the Project and the loan agreement will require the Allen Partnership to pay amounts sufficient to pay the principal of and interest on any Bonds issued. The Allen Partnership will lease the Project to the Company under lease terms sufficient to provide for the payment of principal of and interest on the Bonds. The interest of the Allen Partnership in the lease will be assigned to the bondholders as security for the Bonds. The City will assign its interest in the loan agreement to the bondholders to secure the Bonds. The Bonds will be issued in accordance with the Act, and will provide that the Bonds are payable solely from amounts received by the City pursuant to the loan agreement and other property pledged to their payment. The Bonds will not be a general obligation of the City or be payable from any other property or funds of the City. 2. There has also been presented to this Council a form of Application to the Commissioner of Securities for approval of the Project setting forth the estimated costs of the Project and the increased employment ,and payrolls to result therefrom. It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent, se-4e4. vornible, the eA.ergenec of 4lit1 • of chronic unemployment; the development of industry to use the available resources of the community, in order to retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, educated perconne•l e4—mat-u-r , fumm-resourcca need as a base for providing governmental services and facilities; and the more intensive development of land avail- able in the area to provide an adequate tax base to finance the increase in the amount and cost of governmental services provided by the city, the county and the school district in which the city is located. • 3. The Project is hereby given preliminary approval by the City, subject to (i) approval of the Project by the Minnesota ;y Commissioner of Securities and (ii) approval of this Council, the Allen Partnership, the Company and the institutional investor or •fi investors of the ultimate details of the Project and the terms of the Bonds. 4. The Company is undertaking to make arrangements with institutional investors for the purchase of the Bonds. Upon receipt of a letter of intent to purchase the Bonds, the Mayor, • City Manager and City Clerk are hereby authorized and directed to 3 submit an Application to the Commissioner of Securities for approval of the Project, substantially in the form presented to this meeting, together with the letter of intent for the purchase of the Bonds necessary to complete such Application. The Mayor, City Manager and City Clerk and other officers, employees and agents of the City are hereby authorized to provide the Commis- sioner of Securities with such preliminary information as he may request. 5. The Company has agreed to pay any and all costs incurred by the City in connection with the Project whether or not • the Project is approved by the Commissioner of Securities and { whether or not the Project is carried to completions sit .•,,cr"cto. rt a do." J !,t o - +%R r•,. .,..a "4{j C•c. .:,;q 6. The Company and the Allen Partnership are hereby authorized to enter into such contracts as may be necessary for the construction of the Project by any means available to it and in the manner it determines without advertisement for bids as may be required for the construction or acquisition of other municipal 'I facilities. • ! Mayor • Attest: City Clerk • DRAFT 111. CAuG081978) I1TO1:TANT This Application must be submitted to Coml:issiei;ir in tri.:%licatc STATE OF MIlNESOTA DEPA1:TNE:I'i OF Co:: :ERCE - SECU?.I•ITES A.taxY: :ant.o..;u::*ao::a:...............x9:y; *e::';Win::Ai.:......... • APPLICATION For Approval of ;;unicioal Industrial P.cvet:ue Flond Date August , 1978 To: I - Hinnesota Department of Commerce Securities Division 500 i:etro Square 7:uildinr, St. Paul, Minnesota 55101 The governing body of Eden Prairie , Countr of Eenne^4n_ , Minnesota, i lcrti,'. applies to tile. Ce::3ai ic,_c_ ''. tlil• �••. :. ' :� t Securities Division of the I;ep.rti:'.Cnt of Ci".'.t.'.C'rce. _G:• _ this community's proposed 'a:nicipal Industrial ::cvc;,.:r required by Section 1, Subdivision 7, Chapter 474, ::i.• ^c::otc: We have entered into preliminary discussions with: FIR1t RandQ�_ Z�n;alt;ec Tnc. _ ADDRESS150 Jackson Avenue North • CITY Hopkins STATE Minnesota 55343 State of incorporation 1i.nnesota Marvin C. Ingl er Attorney Mackall, Crounse & Moore 1000 First National Bank Building Addres:; Minneapolis, Minnesota 55402 This final is cn};aged primarily in (nature of bu:;i : ) : the preduCtx4a_4. aslYsxsi: n9_speca�zltY_� Qd ctsa---•— .------ The funds received from the rale of the Izdu::tri.:1 ;:ern::•_ : 7ne.:; will be used to (:,cncral nature of project) : partially_fund the purchase of real estate and the construction of a combination light_manufacturing and office building. It will be located in Eden Prairie, Minnesota ____• R/1/77 • . . ....,, .. . • ;• . . . . • - The total Lend issue will be approximatriv $ 775,000 be applied toward payment of costs nu.. estimazed :i.s.' 10: : --- : . , Cost Item Amin: Land Acquisition and Site Development - $-----2.60 000 , Construction Contracts Equipment Acquisition and Installation Architectural and Engineering Fees inluded_im construction contract 1.ep,a1 Fees • ' 25 000 Interest durinp, Censtruction 10 500 i*44 ,6ckicjo&k5oti:502 Construction loan fee 7,500 Continr.eneics . -1500--------- 1Xxxk)0(xxxx.2= Leasehold improvements Other Appraisal; mtg. registration tax; -------6-66-6-------- _f.... title policy; title company fees and misc. closing costs. It is presently estimated that contrt:cion w: i. 1 ,--..3.1., about q,pt,mhpy. i5_, 197 . and will he completed C;: or •February 1 , Isi3.9. When completed. there it he :::•:1 .ii la.!y - An_65_ new jobs created by the pro'jcat nt an aravA : 1•.-:-.Aro: : ,• ' : p- i proximately $ 702 440 • based upon currently prevaiJi .• w..a.-A. The tentative lease term is 25 years, cermoncit- 4 February , 1978, and the tenant •,;1-11 knet) .::-A.., the r7,:.:-.-. purchase the project for a nominal value upon ettpiration of t'ac :Pr.sc A term. A • The municinality will provide the Com-lisiener A:i: . n = .. ::i...-. statement Iltlictfn ho..-: Lilo project satisficr t:1,. Th.,, policies of the nnenota Imiustrial Developi•ALut Act. A letter of intent to purchase the bend issu,: .:-..:-. an . :.-n-:: :er or an analysis of n fiscal consultant as to :::le o,-,.:11:iliz.... project from a financial standpoint is attached to this applieen. We, the undersigneJ, are duly elected re2vc:;c.niLi-,- .1 .... _IAOD_ExAirie , l!iimesota, anc! solicit your project at your earliest convenience so that we may car-,-y it to a final conclusion. Signed by: (Principal Officers) . , _ — -. . i This approval shall not he decilsed to be an approval ;,..- tLe C-H .::: :' or the state et. the feasibility of the project or :h.: ter:is ef lease to be executed or the bond:: to be ir,s110:: thel.e...or. H Date of Approval: ',Ira • 78-156 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BONDS PURSUANT TO CHAPTER 474, • MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO BADA REALTY CO, INC. FOR INDUSTRIAL PROJECT AND APPROVING MORTGAGE, ASSIGNMENT OF RENTS, LOAN AGREEMENT, CONSTRUCTION LOAN AGREEMENT, LEASE AND PLEDGE AGREEMENT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. Authority. The City is, by the Constitution and Laws of the State of Minnesota, including Chapter 474, Minnesota Statutes, as amended (the "Act") authorized to issue and sell its revenue bonds for the purpose of financing the cost of construc- tion of authorized projects and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act. 2. Documents Presented. This Council proposes that the City shall issue and sell its City of Eden Prairie Industrial Development Revenue Bond (Barrett Moving & Storage Company Proj- ect) in substantially the form set forth in Exhibit A hereto (the "Bond") pursuant to the Act and loan the proceeds thereof to Bada Realty Co. , Inc. (the "Company") to pay the cost of constructing a terminal-office building and a maintenance building, together with necessary equipment, exterior utilities and site improve- ments (the "Project"), all pursuant to the Act. Forms of the following documents relating to the Bond and the Project have been submitted to the City Council and are now on file in the office of the City Clerk: (a) Loan Agreement, dated as of August 1, 1978, between the City and Bada Realty Co. , Inc. whereby the City agrees to make a loan to the Company and the Company agrees to complete the Project and to pay amounts sufficient to provide for the prompt payment of the principal of and interest on the Bond; (b) Assignment and Pledge Agreement (the "Pledge Agreement"), dated as of August 1, 1978 from the City to the Mortgagee whereby the City assigns its interest in the Loan Agreement to the Mortgagee as security for the Bond; (c) Construction Loan Agreement, dated as of August 1, 1978, by and among the City, the Mortgagee and the Company, providing for the purchase of the Bond by making advances thereunder; (d) Combination Mortgage and Security Agreement, dated as of August 1, 1978, between the Company and Northwestern National Bank of Minneapolis (the "Mort- gagee") by which the Company will grant to the Mortgagee . In -2- a mortgage lien on and security interest in the Project and all improvements thereto as security for the Bond (this document will not be executed by the City); (e) Assignment of Rents, dated August 1, 1978, from the Company to the Mortgagee assigning the Compa • - ny's interest in leases of the Project to the Mortgagee as additional security for the Bond (this document will not be executed by the City); (f) Lease, dated , 1978, between the Company and Barrett Moving & Storage Company (the "Lease") (this document will not be executed by the City); 3. Findings. ' It is hereby found, determined and declared that: • (a) The Project, comprised of the buildings, improvements and equipment described in the Loan Agree- ment and the Mortgage constitutes a project authorized by and described in Section 474.02, Subd. la of the Act. (b) The purpose of the Project is and the affect thereof will be to promote the public welfare by: preventing the emergence of blighted and marginal lands and areas of chronic unemployment, preventing economic deterioration; the development of sound industry and commerce to use the available resources of the commu- nity, in order to retain the benefit of the community's existing investment in educational and public service facilities; halting the movement of talented, educated personnel to other areas and thus preserving the eco- nomic and human resources needed as a base for providing governmental services and facilities; and increasing the tax base of the city and the county and school district in which the Project is located. (c) The Project has been approved by the Commis- sioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act. (d) The issuance and sale of the Bond, the execu- tion and delivery of the Loan Agreement, the Construc J. - tion Loan Agreement and the Pledge Agreement and the performance of all covenants and agreements of the City contained in the Bond, the Loan Agreement, the Construc- tion Loan Agreement and the Pledge Agreement and of all 1 other acts of the City and the State of Minnesota to make the Loan Agreement, the Construction Loan Agreement • 1 and the Pledge Agreement and Bond valid and binding obligations of the City in accordance with their terms, are authorized by the Act. (e) It is desirable that the City of Eden Prairie Industrial Development Revenue Bond (Barrett Moving & Storage Company Project) in the amount of $1,100,000 be issued by the City upon the terms set forth herein, and that the City's interest in the Loan Agreement be assigned to the Mortgagee as security for the payment of principal and interest on the Bond. (f) The Loan Agreement provides for payments by the Company to the Mortgagee for the account of the City of such amounts as will be sufficient to pay the principal of and interest on the Bond when due. No reserve funds are deemed necessary for this purpose. The Loan Agreement obligates the Company to provide for the operation and maintenance of the Project, including adequate insurance, taxes and special assessments. (g) Under the provisions of Section 474.10, Minnesota Statutes, and as provided in the Loan Agree- ment, the Bond is not to be payable from nor charged • upon any funds other than amounts payable by the Cc-pany pursuant to the Loan Agreement which are pledged to the payment thereof; the City is not subject to any liability thereon; no holder of the Bond shall ever have the right to compel the exercise of the taxing power of the City to pay the Bond or the in- • terest thereon, nor to enforce payment thereof against any property of the City; the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, other than its rights under the Loan Agreement; the Bond shall recite that the Bond, including interest thereon, shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and that the Bond does not constitute an indebtedness • of the City within the meaning of any constitutional or statutory limitation. 4. Approval and Execution of Documents. The forms of Loan Agreement, Pledge Agreement, Construction Loan Agreement, Combination Mortgage and Security Agreement, Lease and Assignment of Rents referred to in paragraph 2 are approved. The Loan Agreement and Construction Loan Agreement shall be executed in the name and on behalf of the City by the Mayor and City Manager, upon execution thereof by an authorized officer of Bada Realty Co., Inc. , in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approv- al shall be conclusively evidenced by the execution thereof. The Pledge Agreement shall also be executed in the name and on behalf , -4- i of the City by the Mayor and City Manager in substantially thn form on file, but with all such changes therein, not inconsistent with the Act or other laws, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all documents shall be delivered and filed as provided therein. The Mortgage, Lease and Assignment of Rents may contain such revisions as may be approved by the Mortgagee and the parties executing the same. 5. Approval, Execution and Delivery of Bond. The City shall proceed forthwith to issue its City of Eden Prairie Indus- trial Development Revenue Bond (Barrett Moving & Storage Company Project), to be dated the date of delivery, in the principal amount of $1,100,000 in the form and containing the terms set forth in the form of Bond attached hereto as Exhibit A, which terms are for this purpose incorporated in this resolution and made a part hereof. The proposal of the Mortgagee to purchase such Bond at a price of $1,100,000 (100% of its par value) by making advances in accordance with the Construction Loan Agree- ment is hereby found and determined to be reasonable and is hereby accepted. The Mayor and City Manager are authorized and directed to prepare the Bond in typewritten form substantially in the form set forth in Exhibit A. The Bond shall be executed by the manual signatures of the Mayor and City Manager and the official seal of the City shall be affixed thereto and attested by the City Clerk. When so prer,red and executed the Bona shall be delivered to the Mortgagee upon receipt of the purchase price therefor, which may be paid to the parties entitled to receive the loan proceeds in accordance with the Construction Loan Agree- ment and the Loan Agreement. The Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Capital Expenditures Election. The City hereby elects that the $5 million limitation of capital expenditures set • forth in Section 103(b) (6) (D) of the Internal Revenue Code shall be applicable to the Project and the Bond, and the City Clerk shall execute and file on behalf of the City the form of election required by said Section and the regulations thereunder. 7. Registration Records. The City Clerk, as Bond Registrar, shall keep a Bond Register in which the City shall provide for the registration of the Bond and for transfers of the Bond. The principal of and interest on the Bond shall be payable to the Mortgagee or registered assigns in lawful money of the United States of America at the address of the Mortgagee or registered assigns as shown on the Bond Register. 8. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond is mutilated, lost, stolen or destroyed, the City may exe- cute and deliver to the registered owner a new Bond of like date, number, maturity and tenor as that mutilated, lost, stolen or i 2 -s- I$� destroyed; provided that, in the case of mutilation, the mutilated Bond shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the City and the Company evidence of such loss, theft or destruc- tion satisfactory to the City and the Company together with indemnity satisfactory to them. The City may charge the Bond- holder with its reasonable fees and expenses in this connection. 9. Transfer of Bond; Person Treated as Owner. The Bond shall be transferable by the registered owner on the Bond Register of the City, upon presentation of the Bond for notation of such transfer thereon at the office of the City Clerk, as Bond Registrar, accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by the registered owner or its attorney duly authorized in writing. The registered owner seeking to transfer ownership of the Bond shall also give written notice thereof to the Company. The Bond shall continue to be subject to successive transfers at the option of the registered owner of the Bond. No service charge shall be made for any such transfer, but the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith. The Bond Registrar shall give written notice to the Company of any transfer of ownership recorded on the Bond Register immediately upon effectuating same. The person in whose name the Bond shall be registered from time to time shall be deemed and regarded as the absolute owner thereof • for all purposes, and payment of or on account of the principal of and interest on the Bond shall be made only to or upon the order of the owner thereof, or its attorney duly authorized in writing, and neither the City, the Bond Registrar nor the Company shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. 12. Amendments, Changes and Modifications to Loan Agreement, Construction Loan Agreement ,and Bond Resolution. The City shall not, without the written consent of the Mortgagee, enter into any agreement, change, modification, alteration or termination of the Loan Agreement, the Construction Loan Agree- ment, the Pledge Agreement or this Bond Resolution. 13. The Mayor, City Manager and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the purchaser of the Bond, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Approved p! Mayor Attest City Clerk a1/f7 -6- _. EXHIBIT A (Form of Bond) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE No. R-1 $1,100,000 Industrial Development Revenue Bond (Barrett Moving & Storage Company Project) The City of Eden Prairie, Minnesota, a municipality in the County of Hennepin and State of Minnesota, being a body corporate and politic (hereinafter sometimes called the "City"), for value received, hereby promises to pay to Northwestern National Bank of Minneapolis, or registered assigns, solely from the revenues derived by the City from the Loan Agreement herein- after described, the principal sum of ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000), or such portion thereof as may be advanced under the Construction Loan Agreement hereinafter described, and to pay interest on the unpaid principal amount thereof at the rate of Seven and one-fourth percent (7.25%) per annum (computed on the basis of a 360-day year, 30-day month) . Interest only accruing on said principal amount from the date of the delivery of this Bond shall be paid September 1, 1978, and the first day of each month thereafter to and including the first day of the month following the month in which the Assignment Date, as defined in the Loan Agreement occurs. Thereafter principal and interest shall be due and payable in 299 equal • consecutive monthly installments of principal and interest in the amount of $ each on the first day of each month, com- mencing on the first day of the second month following the month in which the Assignment Date occurs, and one final installment of all unpaid principal and interest shall be paid on the first day of the following month, which final payment shall in no event occur later than 1, In the event of a Determi- nation of Taxability, as defined in the Loan Agreement, the rate of interest hereon shall be increased to 9.75% per annum effective as of the Date of Taxability, as defined in the Loan Agreement, unless the Date of Taxability occurs before the Assignment Date, in which case, the Bond shall bear interest from the Date of Taxability until the Assignment Date at an annual rate (calcu- lated on the basis of the actual number of days elapsed in a 360- day year) that shall at all times be equal to 3% over the prime rate of interest charged by Northwestern National Bank of Minne- apolis from time to time on 90-day unsecured loans to its commer- cial borrowers of the highest credit standing, which annual rate shall change when and as said prime rate shall change. In the event of a Determination of Taxability, monthly payments of -8- 1_t a'� principal and interest from and after the Date of Taxability shall be recomputed at the applicable rate or rates set forth above and the Municipality shall promptly pay to the registered owner and to any prior registered owner the aggregate difference between (i) the amounts actually paid hereunder between the Date of Taxability and the effective date of such rate increase and (ii) the amounts which would have been paid to such registered owner during such period if the increased rate or rates had been in effect and this Bond had been amortized at the rate of 9.75% per annum from the Date of Taxability to maturity. This Bond is issued under the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes, as amended (herein called the "Act"), and in conformity with the provisions, restrictions and limitations thereof. This Bond does not represent a debt or pledge the faith or credit of the City or grant to the owner of this Bond any right to have the City levy any taxes or appropriate any funds for the payment of the principal hereof or interest hereon, nor is this Bond a general obligati- • of the City or the individual officers or agents thereof. T1 Bond and interest hereon are payable solely and only out of Ole moneys received under the Loan Agreement or realized from the enforcement of the security hereinafter described. This Bond is issued pursuant to a resolution of the City adopted by its City Council on August 15, 1978 (the "Bond Resolution") for the purpose of constructing a terminal-office building and a maintenance building, together with appurtenant equipment and site improvements (hereinafter called the "Project") and pursuant to a Loan Agreement dated as of August 1, 1978 (herein called the "Loan Agreement") between the City and Bada Realty Co. , Inc. , a Minnesota corporation (hereinafter called the "Company"). Under the Loan Agreement, the Company has agreed to construct and equip the Project and has agreed to make certain Loan Repayments in amounts and at times sufficient to pay the principal of, premium, if any, and interest on this Bond when • due. Pursuant to an Assignment and Pledge Agreement dated as of August 1, 1978 between the Company and the Mortgagee (the "Pledge Agreement"), the City has pledged and assigned its interest in the Loan Agreement (except its rights under Sections 4.02, 6.01 and 7.05 thereof) to the registered holder hereof. This Bond is further secured by a Combination Mortgage and Security Agreement dated as of August 1, 1978 (the "Mortgage") by which the Company has granted to Northwestern National Bank of Minneapolis a mortgage lien on and security interest in the Project and an Assignment of Rents dated as of August 1, 1978 (hereinafter called the "Assignment") by which the Company has assigned to North- western National Bank of Minneapolis its interests in all leases with respect to the Mortgaged Property. Advances of funds for the Project are being made pursuant to a Construction Loan Agree- ment dated as of August 1, 1978 by and among the City, the Mort- gagee and the Company. Reference is hereby made to the Bond Resolution, the Loan Agreement, the Construction Loan Agreement, -9- 21 the Mortgage and the Assignment for a complete description of the covenants and agreements therein contained, the nature and extent of the security thereby created and the rights, duties and immunities of the City thereunder. This Bond is subject to prepayment prior to maturity, at the option of the City upon direction of the Company, in whole but not in part, on any installment payment date on or after August 1, 1983, at the redemption prices (expressed as percent- ages of the unpaid principal amount of the Bond to be prepaid) set forth in the table below plus accrued interest to the re- demption date: Redemption Redemption Dates Price August 1, 1983 to July 1, 1984 105% August 1, 1984 to July 1, 1995 104% August 1, 1995 to July 1, 1996 103% August 1, 1996 to July 1, 1997 102% August 1, 1997 to July 1, 1998 101% but without premium if redeemed thereafter. This Bond may also be prepaid in whole without premium upon a Determination of Taxability as provided in the Loan Agreement upon payment of the principal amount then outstanding, accrued interest and all other amounts representing additional interest from the Date of Taxa- bility to the prepayment date. Notice of any such prepayment shall be deemed sufficient if mailed by the Company to the regis- tered owner of this Bond at least 30 days prior to the redemption date. This Bond is also subject to prepayment in certain instances of damage to or destruction or condemnation of the Project as provided in the Loan Agreement and Mortgage. All prepayments, whether voluntary or otherwise, shall be applied in inverse order of priority. This Bond is transferable, as provided in the Bond Resolution, only upon the books of the City kept for that purpose at the office of the City Clerk, by the registered owner hereof in person or his duly appointed attorney and similarly noted hereon. By acceptance of this Bond, the registered owner agrees to provide to the City Clerk, at the Clerk's request, a verified statement of the dates and amounts of all payments of principal, premium and interest received in respect to this Bond. In the event of default in the payment of principal or interest hereon or if an Event of Default as defined in the Mortgage or Loan Agreement occurs, or if for any reason Assignment • Date does not occur before 1, 19 , the unpaid princi- pal of this Bond together-with all interest then due thereon may a1 -10- aJ ' 1 • be declared or may become immediately due in the manner and with • the effect and subject to the conditions provided therein. It is hereby certified and recited and the City Council has found: That the Project is an eligible "project" defined in Section 474.02, Subd. la of the Act; that the issuance of this Bond and the acquisition and construction of the Project will • promote the public welfare and carry out the purposes of the Act; that the Project has been approved by the Commissioner of Securi- ties as tending to further the purposes and policies of the Act; that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; and that this Bond does not exceed or constitute a debt of the City within the meaning of any constitutional, statutory or charter limitation. • IN WITNESS WHEREOF, the CITY OF EDEN PRAIRIE, by its City Council, has caused this Bond to be signed in its behalf by the signatures of the Mayor and City Manager and attested by the City Clerk and sealed with the corporate seal of the City, all as of the day of , l'17R. CITY OF EDEN PRAIRIE By Mayor And By City Manager (Seal) Attest: City Clerk Certificate of Registration It is hereby certified that, at the request of the holder of the within Bond, the City of Eden Prairie has this day registered it as to principal and interest, in the name of such holder, as indicated in the registration blank below, on the books kept by the undersigned for such purpose: Name of Authorized Registered Date of Signature Owner Registration of City Clerk • -11- lq I • • TO: Mayor and Council ''� THRU: Roper Ulstad, City Manager /" �/�* ?// 1 FROM: John Frane, Finance Director /1 W- ur (/ i , DATE: August 31, 1978 RE: Kensington/Brastad - Request for MIDB's One Million ollars Mr. Neil Brastad and Kensington Investments Inc. propose to construct and lease a building to Phillip Temro Inc., a subsidiary of the Budd Automative Company of Canada. This request differs from previous requests in that the lessors (Kensington) have no connection with the lessee (Phillip) other than the normal lessor/ lessee relationship. The city's guidelines are not suited to this request and the request should be reviewed in a different manner. Both the Phillip and Budd companies would comply with the city's guidelines. The Budd company which will guarantee the lease of Phillip has 177 million in sales and 43 million in Shareholders Equity. The bonds will be issued in the form of a tax exempt mortgage. Resolution #7B-160 is attached for your ronseration.� 1 fr tl': :" l ' j „O I i li cd _ 61„..e______i_j_________L_c______ . • '17�" �� • I,ar.„ 4� . 1 Member, , introduced the following resolution and moved its adoption: RESOLUTION NO. 78-160 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT • REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING PREPAR- ATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. It is hereby found, determined and declared as follows: 1.1 Kensington Investments, Inc., a Minnesota corporation, and Neil Brastad (hereinafter the "Developer"), has advised this Council that it desires to acquire and construct a building and improvements and acquire and install equipment in connection there- with (hereinafter referred to as the "Project"), which Project will be leased to Phillips Temro, Inc., which Lease will be guaranteed by The Budd Automotive Company of Canada, Limited, which Project, when leased will be used for assembly, manufacture, storage and shipping of automotive products. 1.2 The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an increase in opportunities for employ- ment for residents of the City. 1.3 The City has been advised that conventional, commercial financing to pay the capital cost of the Project is available at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid • of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. 1.4 This Council has been advised by a representative of Tower Mortgage Corporation of Minneapolis, Minnesota, that on the basis of information submitted to them and their discussions with representatives of the Corporation and potential buyers of tax-exempt bonds, industrial development revenue bonds (which may be in the form of a single debt instrument such as a note) of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.5 The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance the cost, in whole or in part, of the acquisition and construction, consisting of prop- erties used and useful in connection with a revenue producing enterprise, such as that of the Developer, and the issuance of ; such bonds by the City would be a substantial inducement to the °u 21 Developer to construct its facility in the City 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provi- sions of Chapter 474 to finance the Project of the Developer at a cost presently estimated not to exceed $1,000,000. 3. The Project above-referred to is hereby given pre- liminary approval by the City and the issuance of bonds for such purpose and in such amount approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this body, the Developer and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. Messrs. Faegre & Benson, Minneapolis, Minne- sota, are hereby appointed as bond counsel in connection with the bond issue. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project and each bond, when, as, and if issued, shall recite the substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7a, the Mayor is hereby authorized and dir- ected to submit the proposal for the Project to the Commissioner of Securities for his approval ..)f the Project. The Ma}ter, Clerk, City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary information he may need for this purpose, including but not limited to a statement as to the findings of public purpose for the Project, as stated herein, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. 5. The Developer must pay all administrative and legal costs and fees incurred by the City, if any, whether or not the devel- opment contemplated herein is completed or whether or not the bonds contemplated herein are issued or whether or not the entire transaction contemplated herein is consummated. MAYOR ATTEST: CLERK • {n"i a 1 r • �M� • • , • . n IMPORTANT This Application must be submitted to Commissioner in triplicate • ' • STATE OF MINNESOTA • DEPARTMENT OF COM`ERCE - SECURITIES DIVISION • . APPLICATION • For Approval of Municipal Industrial Revenue Bond Project Date September 1978 • To: 0 Minnesota Department of Commerce Securities Division • 500 Metro Square Building St. Paul, Minnesota 55101 The gove::_:ing body of Eden Prairie , , County of Hennepin Minnesota, hereby applies to the Commissioner of the State of Minnesota, Securities Division of the Department of Commerce, for his approval of this community's proposed Municipal Industrial Revenue Bond issue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. • We have entered into preliminary discussions with: Lessor: Kensington Investments; Iric. and Neil A. Brasted; FIRM Lessee: Phillips-Temro Division of the Budd Automotive Company of Canada Lessor: 405 - South 8th Street Ninneapolis,hDI ADDRESS Lessee: 8200 Grand Avenue South Bloomington, MN , CITY STATE • State of Incorporation Minnesota Attorney Thompson, Nielsen, Klaverkamp & James (Bond Counsel) 4444 IDS Center Address Minneapolis, MN 55402 This firm is engaged primarily in (nature of business) : Production and marketing at wholesale level of cold weather starting aids throughout the United States and Canada. The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of project): finance construction, architectural and financing costs of 60,000 + S.F. Office, Manufacturing and Warehouse Plant. IV will be located in Eden Prairie, Minnesota • , 2195 iz/, »� 1 The total bond isst. will be-approximately $_ 1,000,000 tO be applied toward payment of costs now estimated as follows: Cost Itcn • Amount Land Acquisition and Site Development . $ 305,000 Construction Contracts 970,000 Equipment Acquisition and Installation 35,000 Architectural and Engineering Fees10,000 0,000 ' Legal Fees • Interest during Construction _ Initial Bond Reserve 50,000 Contingencies 50,000 Bond Discount .Other • • y 1,42O,u0u Total • It is presently estimated that construction will begin on or about October 15, , 1978, and will be completed on or about March 1 , 1979 . When completed, there will be approximately /20 new jobs created by the project at an annual payroll of ap- proximately $ L7O boo . based upon currently prevailing wages. The tentative lease term is 10 years, commencing March , 1979, and the tenant will (not) have the option to purchase the project for a nominal value upon expiration of the lease • term. The municipality will provide the Commissioner with a co;^pre!:ensive statement indicating how the project satisfies the public purpose and policies of the Minnesota Industrial Development Act. A letter of intent to purchase the bond issue from an underwriter or an analysis of a fiscal consultant as to the feasibility of the project from a financial standpoint is attached to this application. We, the undersigned, are duly elected representatives of Eden Prairie , Minnesota, and solicit your approval of this project at your earliest convenience so.that we may carry it to a final conclusion. Signed by: (Principal Officers) This approval shall •not be deemed to be an approval by the Commissioner • or the state of the feasibility of the project or the terms of the • lease to be executed or the bonds to be issued therefor. Date of Approval: . • • 21%0 Commissioner of Securities Minnesota Department of Commerce 3 • j , August 10, 1978 • U • micr , Cr) Mr. Roger Ulstad • N City Manager d' 8950 Eden Prairie Rd. ® U) Eden Prairie, Minnesota 55343 to a) 0 Dear Roger: ,=MI o I am writing to provide information and seek the support N of your city in our lawsuit contesting the compulsory binding arbitration provisions of the Minnesota Public C Employees Labor Relations Act. IIC C This action was initiated by the Richfield City Council as a result of an arbitration panel award issued Q • March 31, 1977 for a 1976 labor contract with Local 1215,International Association of Fire Fighters. In addition to the question of whether binding arbitration. Is con- 8ME6 Q) stitutional, the lawsuit involves Issue IX of this arbi- Lim :3 tration award concerning contract duration. 4) The Attorney General intervened at the district court level on the side of the bargaining unit to defend the constitutionality of the statute. In addition, the Q American Federation of State, County and Municipal • Employees AFL-CIO joined the proceedings as amici curiae at this lower court level in support of the bargaining unit position. On January 19, 1978, Judge Allen Oleisky • 03 in fiennepin County District Court issued an Order and Memorandum denying the city's motion to declare the com- >N u. pulsory binding arbitration provisions of PERLA uncon- O stitutional and refusing to vacate the arbitration award Oisla a pertaining to Issue IX. 8W= o The Richfield City Council decided to appeal the lower • court decision to the Minnesota Supreme Court. While o 0 ti a Supreme Court hearing date has not yet been set, the court has indicated a preference to hear this matter early in the fall term and we can anticipate a date in late September or early October. In June, 1977, the League of Minnesota Cities Board of Directors voted to support this Richfield action. The • Board found it to have very great potential impact on cities throughout the state. Moreover, the Richfield telephone:869-7521(612) an equal opportunity employer Page Two August 10, 1978 position was consistent with adopted League policies on impass • resolution with public employee unions. The League has joined the proceedings as amici curiae at the Supreme Court level and will assist in coordinating efforts of individual local governments who wish to support the lawsuit. • The City of Richfield and the League of Minnesota Cities have both filed their Supreme Court briefs. On the other side, the Attorney General, and AFCME have filed their briefs. The IAFF has not yet • filed its brief but is expected to do so shortly. In addition, the Minnesota Education Association has intervened at the Supreme Court level and will file a brief on behalf of it's membership in support of the arbitration provisions. This lawsuit is the first attempt to determine the constitutionality of the compulsory binding arbitration provisions of PELRA since first enacted in 1971. However, similar efforts have occurred in other states with varying degrees of success. The most recent litigation occurred in Texas where a lower court decision found the Texas arbitration law unconstitutional. Early in July the Hartford, Connecticut Superior Court found that state's compulsory arbitration law unconstitutional. A copy of an NLC news article on this Connecticut decision is attached. You will note in the article on the Connecticut decision that 75 Connecticut municipalities helped to support the action initiated in that state. We believe that in addition to LMC support it would be very helpful for the court and our state legislatures to know that a large number of cities in the state are concerned with the binding arbitration provisions in the state statutes. Therefore, I am asking that you bring this matter to the attention of your city council and recommend that your city support our action through adoption of the attached resolution. (3a61 '1 0«Y' C,wlt We are requesting that interested cities help defray the cost of the Supreme Court appeal with a $100 contribution (should contributions exceed costs, we will return the balance on a pro rata basis) . How- ever, please note that the contribution is not a prerequisite for the resolution of support. It is most important that cities indicate their positions with respect to this litigation by adopting a resolution similar to the sample which is attached. • Please send a copy of your city's resolution to: • Mr. Stan Peskar, General Counsel League of Minnesota Cities 300 Hanover Building • 480 Cedar Street St. Paul, Minnesota 55101 Checks should be made out to the League of Minnesota Cities and • designated for this binding arbitration lawsuit. • Page Three August 10, 1978 Inasmuch as the Supreme Court could hear this case as early as next month, we would appreciate a response as soon as possible. Any inquiries on details of the case should be directed to Stan Peskar, 612/222-2861 or our attorney Dennis O'Brien 612/333-0543 with the firm of LeFevere, Lefler, Pearson, O'Brien & Drawz. I would be happy to answer any other questions or provide any other additional :1 information you desire. Sincerely yours • Pti UL E - Wayne S. Burggraaff// City Manager WSB/jkl Enclosures 13Sy j, 1 i • '1 10t) l CO• • o =- u d d� u , N a,5 V v &''2• A "",.o s .c >... G -. A G • to A 7.- - u C n 'rt i-J c 7 u z-b. r rG ='u O A G o' � G.+ 3 3 I E.- � L. .._ VAG G O 9.'G ,. rt C `u `L _ C • . . �:. I0 o • Ev Lc I <U x4c i oL c E "* fAc A o . .s 'n .— iLA -3 Y 7C c OG 73 tO \ .. G ,y . vN c' .� A J ya2 u u G V- AG V w ... Gcu 3 E a O C? c °-be 41 j'"v. i i !c7 ZC : •` ° SL Y °_° _ . . A . I A •• C uc xL0y= E ' " 02=3 r1r 8 - 1 � Ica p O-5' gA A2 u GAO - trl �W u .G u -..owlLoO.O �( oD 7 ------ M ° � °0. � c°v Ec °� �6= °G o � ___ ..7," E omt _ o-oG Su }r, wg et O W 771 `r' u o. sE. od u.5 1 w Ufff W, - — O o u :.; oz-- cF.G u 2'lF" .i.., -zJ OU - _ _ V •wI Uv v E au E A a_ :1= �,.,°, U o la ; 3 0,-' O OD C G N 6r N 4U - LuG GA v >LLG N _ s p ey 6 7 VIA G _TL u G- A `0 '° 6_ t -• Uu G n a O t O O O y V G V ErTG J A GAG. E 'G^3 6 - OE . V ° , % 0yA` g - A = °mood $ o - A - E 0 O L `.fl Ti: G.A.' ` u " A.r�.,j., V 3. I-' 3 A,,, G A 3 p 0 f"' G fJ 6�' G 3 V U E� ° ;U E E w Y A•E G.Vf- RESOLUTION NO. 78-158 RESOLUTION SUPPORTING CITY OF RICHFIELD LAWSUIT CONTESTING PELRA COMPULSORY BINDING ARBITRATION PROVISIONS WHEREAS, the City of Richfield has initiated a lawsuit contesting the compulsory binding arbitration provisions of PELRA (City of Richfield vs. Local No. 1215, ry International Association of Fire Fighters and State of Minnesota, Intervenor), and WHEREAS, this lawsuit is currently under appeal to the Minnesota Supreme Court, and WHEREAS, the PELRA binding arbitration provisions delegate fundamental decisions regarding the kind, extent and cost of governmental services to private, politically unaccountable individuals, and WHEREAS, cities in Minnesota have generally had poor experience with these binding arbitration provisions in that decisions have been unfair, inf'-tionary and detrimental to the collective bargaining process, and WHEREAS, other viable, more fair and just alternatives do exist to the PELRA binding arbitration provisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. That the city supports the City of Richfield in this lawsuit and directs that a copy of this resolution of support be filed with the League of Minnesota Cities. ADOPTED by the City Council of the City of Eden Prairie, Minnesota, this 5th day of September, 1978. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk 1} Lake Trail Estates �-'�- August 31, 1978 RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-33 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, described as Parcel 1 in Exhibit • A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereafter in the RM 6.5 District. • (b) The property, described as Parcel 2 in Exhibit A, shall be and hereby is removed from the R1-22 District and shall be included hereafter in the RM 6.5 District. (c) The property, described as Parcel 3 in Exhibit A shall be and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District. • (d) The property,described as Parcel 4 in Exhibit A, shall be and hereby is removed from the Rural District and shall be included hereafter in the Public District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of ,1978, entered into between CLIFTON J. SWENSON and ARVID W. SCHWARTZ and the City of Eden Prairie, which Agreement is hereby made a part i Lake Trail Estates August 31, 1978 Page Two hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the Districts 1. in which it shall be included hereafter. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1978, and 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. • Lake Trail Estates August 30, 1978 RAP DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into in triplicate as of , 1978, by and between CLIFTON J. SWENSON and ARVID W. SCHWARTZ, 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 to change the zoning of land from Rural and R1-22 to RM 6.5, described as parcel 1, Exhibit A at- tached hereto and made a part hereof; from Rural to R1-13.5 described as parcel 2, Exhibit A; and from Rural to Public described as parcel 3, Exhibit A; all of which land is hereafter referred to as the "proper- ty", and WHEREAS, Owner desires to plat the property and develop parcel 1 into 3 lots for the construction of residential duplexes thereon, parcel 2 into 43 lots for the construction of single family residences thereon and, parcel 3 for construction of a church thereon. NOW THEREFORE, in consideration of the Mayor and City Council of Eden Prairie adopting Ordinance 78-33 changing the zoning from Rural & R1-22 to RM 6.5, R1-13.5 and Public, Owner covenants and agrees to the construction, development and maintenance of the property as follows: • 1. Owner shall conform with all planning, architectural, engineering, landscaping, fee and building require- ments of all City ordinances. 2. Owner shall develop the property in conformance with the material reviewed and approved by the City Council on July 5, 1978 dated 5/8/78 and attached hereto as Exhibit 11, except as otherwise provided herein. 3. The road system shall be as approved by the City Council on August 15, 1978, and as set forth in Exhibit C attached • hereto and made a part hereof. Developer's Agreement Page Two Lake Trail Estates August 30, 1978 • • 4. Owner shall dedicate to the Public the area outlined in • green on Exhibit D attached hereto. Approval of the plat shall be subject to approval of the specific boundaries of the area to be dedicated to the City. 5. Owner shall construct walkways on the property as depicted on Exhibit D, according to City Engineer's requirements. Said walkways shall be completed prior to conveyance of title of any lots abutting said sidewalks. 6. Owner shall submit a detailed landscaping plan to the City Planning Department for review and approval prior to final plat approval, which illustrates heavy evergreen planting of no less than 5 feet in height together with a 5 foot earth berm to reduce the level of noise on the property generated by the traffic on TH 5. 7. Owner shall submit detailed site plans for the church to be located on parcel 3, Exhibit A, to the City for review and approval by City Commissions and Council. 8. Owner shall submit final development plans, prior to final plat approval, which shall show proposed grading, storm water, drainage areas and direction of flow, preliminary utility plans, ponding and flood plain high water levels for one hundred years and minimum floor elevations for all lots. The utility plans shall reflect changes as noted and filed in the City Engineering Department. 9. Owner shall plat all streets not to exceed 7.5% grade. 10. Owner shall plat that part of the property described as Exhibit A, parcel 1, into 3 lots having no less than 13,000 square feet per lot. 11. Owner shall plat 9 foot radii at all street intersections and cul-de-sac returns to provide sufficient right-of-way for utility installation. 12. Front yard setbacks to lots 1-4 located in northeast corner of proposed plat, Exhibit B, situated north of Luther Way extended westerly shall be equal to those existing on lots situated north of Luther Way and east of the property. 13. Lot 21, on the east side of the proposed plat, Exhibit B, shall have a front yard setback consistent with setbacks existing on property lying to the east. 14. Owner shill obtain a grading and land alteration permit, and othtsr necessary permits, from the Riley/Purgatory Creek Watershcd,District. Developer's Agreement Page Three Lake Trail Estates August 30, 1978 An erosion control plan shall accompany the permit applica- tion and shall be approved by Riley/Purgatory Creek Water- shed District. Owner shall conform to watershed recommen- dations as to surface water runoff. 15. Owner shall obtain an access permit from the Minnesota Department of Transportation. 16. The lots zoned from Rural to RM 6.5 shall be subject to payment of $200/unit cash park fee; the lots zoned from Rural to R1-13.5 shall be subject to payment of $275/lot cash park fee. Cash park fees shall be payable concurrent with issuance of building permits. 17. Owner shall remove all elm trees marked for Dutch Elm Disease prior to September 30, 1978. Marginal oak trees should be removed during construction to avoid more costly removal later. 18. 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 apt.,oval. The Owner, through his engineer shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar and certification of completion and compliance with specifi- cations shall also be delivered to the city engineer. The Owner also agrees to pay for all City fees required. The Owner, prior to final plat approval, shall provide a bond or letter of credit in such form as shall be approved by the City and which guarantees completion of construction and payment of costs thereof in an amount no less than the estimated costs of construction plus 20% of all street and/or utility systems to be owned and maintained by the City. The City shall accept such street and/or utility system subject to recommendations of the City Engineer and subject to receipt by the City of Owner's warranty, guarantying such systems against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the costs for such systems in such form as shall be acceptable to and containing such further terms as shall be required by the City. 19. Owner shall file this Agreement with the Register of Deeds and supply the City with a copy of this Agreement with in- formation as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. Developer's Agreement Page Four Lake Trail Estates August 30, 1978 20. If Owner fails to proceed in accordance with this Agree- ment within 24 months of the date hereof and provide proof of filing in accordance with paragraph 19 herein, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to its present zoning. 21. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 22. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens, and other encumbrances, except: ... 3)1-. SAVArY4 ' ok1 first Ihcrf , e. 23. Prior to dedication, transfer or conveyance of any real property or interest therein to the City as provided here- in, 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. 24. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed to the City as may be provided herein by Owner shall be such as shall, upon such dedication, transfer or conveyance vest in City good and marketable title therein free and clear of any mortgages, liens or encumbrances. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of 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 ;,' Agreement-lake Trail Estates page IN WITNESS WHEREOF. th a 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 J STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 'i 1978 by Wolfgang H. Penzel, the Mayor and by Roger K. Ulstad, Its Manager. ' ' of the City of Eden Prairie. a Minnesota municipal corporation on hehalf of the corporation. : Notary Public ; lo Clif in J., ' o , co-owner F if a Aryl W. Schwartz n owner ` r STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) Dr. John P. Savaryn i, The foregoing instrument was acknowledged before me this_i_day of '�I. . 1978 by Clifton J. Swenson, co-owner, and Arvid W. Schwartz, co-own r, s and Dr. John P. 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' '.''r- Aft.::. //E..--N. 7:--: (-- -' ''-="---- • •1 -.J . - ' ...;*-------:::-k I /.7 trpy ro .r . ..1 ,• ft.- ., i/ •k.....),‘‘t; ; .1v)-3., _----- _Z.,' -1,-,--------:—\•-"T -N i-s.......s.t, . „„si,,, . •••••< ,!,.... . ri ii. , ‘..... ... ,!,,i,:ti d . \ `�'',_ ! q ,rpm. t--,9i i,_;- " ,7. .1-," , —},1f t, 1 , _- _ \ f ?‘ r "11.1 .,4� Eill . 1 n In CT ( Al ( /' V !V • IF Mfg 02 _ i 0 ± t • O .. • 1 `— Gelco Corp. August 31, 1978 RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-39 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: (a) The property described as Parcel 1 in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereafter in the Office District. (b) The property described as Parcel 2 in Exhibit A, shall be and hereby is removed from I-5 Park District and shall be included hereafter in the Office District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of ,1978, entered into betweeen GELCO 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 the City of Eden Prairie relating to the Districts in which it shall be included hereafter. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1978, and finally read i�2�2- Gelco Corp. Page Two August 31, 1978 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. Parcel 1 • A tract of land, lying and being in the County of Hennepin and State of Minnesota, described as follows: That part of Government Lot 5, Section 13, Township 116. Range 27, lying south of original State Highway No. 5, described as follows: All that part of Government lot 5, Section 13. Township 116, Range 22. lying South of centerline of State Highway No. 5, described as follows: Beginning at the intersection of fast line of said Government Lot 5, with centerline of said State Highway To. 5; thence South along said Fast line of Government Lot 5, 300 feet; thence Blest parallel to the centerline of State Highway No. 5, 140 feet; thence North parallel to the Last line' of Government Lot 5 to the centerline of State Highway No. 5; thence Last along centerline of said State Highway No. 5, to beginning. A tract of land, lying and being in the County of Hennepin and State of Minnesota, described as follows: That part of Government Lot 5, Section 13, Township 116, Range 22. lying south of original State Highway No. 5, described as follows: Commencing at a point in the centerline of State Highway a distance 140 feet west from its intersection with the East line of lot i; thence South parallel with said Fast line 300 feet; thenere southwesterly parallel with said road line 140 feet; thence North parallel with said Last line 300 feet to the Intersection of said Highway; thence Northeasterly to beginning except road. Parcel 2 That part of Govt lot 5, Sec. 13, T116,R22, lying southerly of West 78th St. westerly of the following described line; Together with the easterly 400 feet of Govt lot 4, Sec. 13, T116, R22 lying southerly of West 78th STreet. Commencing at the northeast corner of said Government Lot 5; thence south along the east line of said Government Lot 5 a distance of 1282.93 feet; thence westerly. deflecting to the right 8S degrees 09 minutes 08-seconds, a distance of 381.75 feet to the actual point of beginning; thence southerly, deflecting to the left 84 degrees 42 minutes 55 seconds, along a line hereinafter referred to as line "A" a distance of 638.97 feet; thence southerly, deflecting to the left 4 degrees 26 minutes 13 seconds, to the shore line of Anderson ' EXHIBIT A,' ORD. 78-39, Gelco I Gelco Corp. Stages II-v 3/30/78 RAP DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into in triplicate as of ,1978, by and between GELCO CORPORATION, a Minnesota corpo- ration, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City for approval of its proposed • Planned Unit Development of approximately 18 acres for office use and rezoning Rural and I-5 Park District to Office District of land more fully described in Exhibit A, attached hereto and made a part hereof, hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property in four stages for office structures and related parking as described in Exhibit B dated June 6, 1978, attached hereto and made a part hereof. NOW THEREFORE, in consideration of the Mayor and City Council's adopting: Resolution #78-134 approving Owner's Planned Unit Development, Resolution #78-119 finding that an Environmental Impact Statement is not necessary and Ordinance #78-39 approving the rezoning from Rural and I-5 Park to Office District, 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 require- ments of all city ordinances. 2. Owner shall develop the property in conformance with the provisions of Exhibit B reviewed and approved by the City Council at its August 1, 1978 Meeting, except as otherwise specifically provided herein. 3. Owner shall submit all plans for future building and A' parking lot stages (Stages III, IV, V) to the City for G' Commission and City Council review and approval. No specific height is approved at this time for structures to be bpilt in Stages III-V, however, the concept of multi-story structures is approved. Agreement-Gelco Corp. Page Two August 30, 1978 Review by the City shall be by public hearing before the City Council and public meetings before the Com- missions with notification given no less than 10 days prior to each public hearing. 4. Owner shall obtain a grading and land alteration permit from the Nine Mile Creek Watershed District prior to any construction of any phase. An erosion control plan must accompany each permit application and be ap- proved by the Watershed District. 5. Construction of any structure on the property during any phase shall not be closer to W. 78th St. than the following: setback from West 78th Street if a 3 story building 30 feet if a 4 story building 40 feet if a 5 story building 50 feet if a 6 story building 60 feet if a 7 story building 70 feet 6. Owner shall submit a landscape and plant material plan to the City for review and approval prior to each build- ing permit issuance. The plans shall include, but not be limited to, complete screening of the parking areas from the lake and differing adjacent land uses, con- struction of a barrier between the developable areas and the public wildlife area encompassed within the shoreland of Anderson Lakes, (equal in effectiveness to a six foot cyclone fence) . The entire screening and barrier for all stages on the lake side shall be imple- mented at the time of Stage II construction. 7. Owner shall pay the $1200/cash park fee contsmi end s w j i.+y e , $ i9v1 ryZ'S-i- ts3'�di`a-ach�hcgt4-b-fi (k• .ZIdlllc 4iS4 Sag..kb,for 1.72 acres upon issuance of a building permit for Stage II construction. 8. Owner shall construct no more than 30% impervious surface. Impervious surface shall be determined by the City of Eden Prairie after having sought the recommendations of repre- sentatives of the Nine Mile Watershed District, and Department of Natural Resources. i 22 1(0 Agreement-Gelco Corp. Page Three August 30, 1978 , , • 9. Owner shall use building materials (face brick and glass) • for Stages II-V which are similar to the materials in exist- ing Stage I. 10. Owner shall construct all drainage control structures in conformance with recommendations of the Nine Mile Watershed District and shall maintain such structures so that their function as holding and settlement ponds is preserved. These structures shall be designed to a 25 year storm capaci- ty. 11. Owner shall install parking lot lighting which is subdued, low canopy in nature, and oriented away from Anderson Lakes. •• 12. 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. 13. 1f Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filingin accor- dance with paragraph 11 herein, Oaner for itself, its successors, and assigns shall not oppose reaoning of said property to Rural. 14. Provisions of this Agreement shall he binding upon and enforceable against Owner, i.ts successors, and assigns of the property herein described. • • 2211 • Agreement-Gelco Corp. Page Four August 30, 1978 • • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesotz I[ BY Wolfgang H. Penzel, Its Mayor BY Roger K. Ulstad, Its Manager STATE OI• i IINNESOTA ) SS. COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me this day of ,1978, by Wolfgang H. Penzel, the Mayor, and Roger K. Ulstad, City Manager of the City of Eden Prairie, a Minneosta munici- pal corporation on behalf of the corporation. Notary Public GELCO CORhORATION, a Minnesota corporatjonf the State of Minnesot= BY 044-,• Its BY �y�ic✓S� Its P-OZ' /A"41-‘44.4r 7.211 A Agreement-Gelco Corporation Page Five August 30, 1978 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) Theforegoing instrument w� acknowledged before me this ,�'� { • day of ,f_ ,1978, by`fr,„6/ :.1;,./ and , ,,a, a<,r f . /. , the .zinc_�--.J..• 1..4i� ,,2' and f/.., ('7-, ,y�/,�f / of GELCO CORP6RATION, a Minnesota corporation, on behalf a the corporation. u Notary' id Nwccie'.tcr) t No1. YPUHIC.MM Ik SPTA HC:INI.1•:N COIINTY C_�- N,Co-��iss.on FtDtrci hry If.MS • That part of Government Lot 5, Sec.13,T116,R22, lying southerly of • West 78th Street westerly of the following described line; commencing at the NE corner of said Gov't lot 5; thence S along the E line of said Gov't lot 5 a distance of 1282.93'; thence westerly, deflecting to the right, 89 degrees 9 minutes 8 seconds, a distance of 381.75' to the actual point of beginning; thence southerly , deflecting to the left 84 degrees 42 minutes 55 seconds, along a line hereinafter referred to as line"A" • a distance of 638.97 feet ; thence southerly, deflecting to the left 4 degrees 26 minutes 13 seconds , to the shore line of Anderson Lakes together with the easterly 400 feet of Gov't lot 4, Sec. 13, T 116, R 22, lying southerly of West 78th Street except the south 400 feet thereof. TRACT 1 A tract of land, lying and being in the County of Hennepin and State of Minnesota, described as follows: That part of Government Lot 5, Section 13, Township 116, Range 22, lying south of original State Highway No. 5, described 1. as follows: All that part of Government lot 5, Section 13, lownship 116, Range 22, lying South of centerline of State Highway No. 5, described as follows: Beginning at the intersection of Fast • line of said Government Lot 5, with centerline cf said State Highway No. 5; thence South along said East line of Government Lot 5, 300 feet; thence Vest parallel to the centerline of :,.ate Highway No. 5, 140 feet; thence North parallel to the East line of Government Lot 5 to the centerline of State Highway No. 5; thence Fist along centerline of said State Highway No. 5, to beginning. • TRACT 2 • A tract of land, lying and being in the County of Hennepin end State of Minnesota, described as follows: That part of Government Lot 5, Section 13, Township 116, Range 22, lying south of original State Highway No. 5, described as follows: Commencing at a point in the centerline of State Highway a • distance 140 feet west from its intersection with the East line of Lot 5; thence South parallel with said East line 300 feet; thence southwesterly parallel with said road line 440 feet; thence North parallel Avith said East line 300 feet to the intersection of said Highway; thence Northeasterly to beginning except road. EXHIBIT A, Gelco rezoning to Office, 1978 i • 12 lc) The Leonard Parker Associates • • GELCO CORPORATION REQUEST FOR REZONING 6 JUNE 78 EXHIBIT B 22 20 I LEGAL DESCRIPTION House Parcel: Tract 1 A tract of land, lying and being in the County of Hennepin and State of Minnesota, described as follows: That part of Government Lot 5, Section 13, Township 116, Range 22, lying south of original State Highway No. 5, described as follows: All that part of Government Lot 5, Section 13, Township 116, Range 22, lying South of centerline of State Highway No. 5, described as follows: Beginning at the intersection of East line of said Government Lot 5, with centerline of said State Highway No. 5; thence South along said East line of Government Lot 5, 300 feet; thence West parallel to the centerline of State Highway No. 5, 140 feet; thence North parallel to the East line of Government Lot 5 to the centerline of State Highway No. 5; thence East along centerline of said High- way No. 5, to beginning. Tract 2 A tract of land, lying and being in the County of Hennepin and State of • Minnesota, described as follows: That part of Government Lot 5, Section 13, Township 116, Range 22, lying south of original State Highway No. described as follows: Commencing at a point in the centerline of State Highway a distance 140 feet west from its intersection with the East line of Lot 5; thence South parallel with said East line 300 feet; thence southwesterly parallel with said road line 140 feet; thence North parallel with said East line 300 feet to the inter- section of said Highway; thence Northeasterly to beginning except road. West Parcel: • That part of Government Lots 4 and 5, Section 13, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the northeast corner of said Government Lot 5; thence South along the East line of said Government Lot 5, 1282.93 feet; thence westerly, deflect- ing to the right 89 degrees 09 minutes 08 seconds, 381.75 feet to the actual point of beginning; thence South 05 degrees 51 minutes 38 seconds West, assumed basis for bearings, deflecting to the left 84 degrees 42 minutes 55 seconds, along a line hereinafter referred to as "Line A" a distance of 638.97 feet; thence • South 87 degrees 33 minutes 31 seconds West, 487.65 feet; thence North 71 degrees 59 minutes 55 seconds West, 257.53 feet; thence North 60 degrees 10 minutes 41 seconds West, 418.89 feet; thence North 28 degrees 39 minutes 03 seconds West, 387.18 feet; thence on a bearing of North 65.92 feet to a point on a line here- inafter described as "Line B"; thence easterly along said "Line 8" to the northerly extension of "Line A"; thence southerly along said northerly extension to the point of beginning. <-3 e).; , •7A, #,/j") ( 1 r, ' elri t/. // (. • . _ • = 1 2 (.411 "-- -99t, • •,/7 N 7\;, i Le ,,,, wN,9.:;,.-----,i.5,-- VI)/ ix \ v - , , a [•F if 4 . < ... . . . I E- 4' :/' Z .. i l& s '''': ' ' ''/' /, , M . ,, j 7..:__- 7/'v,'-•7,...--- e 11 ,--/, -1.1i, ,- ,•? 0 CO .- 1 Z i t A4111 0 f I 1 _/,' ''4 ,. 't-7;1 :I _i! I , 4t4 :\1.' . . .. ,//4 WI gkix . A . j'../i ' 11,b ,, , „A ifs\ 14K -.No R -- / -•1 • ‘c,, t____ . i, • 1 . , zyi„,E . VII• ( : e , 1 . .. • 1 e.,z. ,1 / k / '-----/ ‘• 1 i''„-i• ;,)).1 N,,, ,/,;• , /,/,/, i.... • . 1 . ,''•`(',71-.4' //:/ (//// • - .,/--- • . • 1 . \\..t. . I The Leonard Parker Associates EXISTING LAND USE House Parcel: - Contains 1.72 acres - Contains two existing houses and a garage - Contains some vegetation West Parcel: - Contains 16.17 acres - Contains some low land immediately adjacent to Gelco's existing west boundary - The remainder is all meadow with a few trees spotted on the high ground - Buildings that show on following graphic have been removed m x .'}[' 4- ° t y,tif A :.../......,.......... `Fi, j s Cf) 1 i m • /;//7"---."N- 0 5 o 61 / -n O A y( ,r! ',. . a . to W ' C 7 Ot x• co co / . • \ • • 2mA j' .x 'oi a1 / /( ,Lir. .1. 1 I The Leonard Parker Associates TRANSPORTATION The proposed expansion to 2,500 people on the expanded Gelco site will generate around 2,000 ADT which will adversely affect the traffic flow on West 78th Street. Top priority should be given by the City to the completion of Schooner Boulevard and its on-off ramps to and from I494. Several transit options exist for Eden Prairie as outlined in the "Transit Potentials Interim Report". Eden Prairie Center is expected to be center of activity in the area and seems to be the logical location for several transit alternatives. These include Coordinated Transfer Service, Park-N-Ride, Service & Car and Van Pooling. Others not necessarily dependent on Eden Prairie Center as a central location are Fixed Route Deviation and Demand Responsive Service. • • The Leonard Parker Associates ZONING The site being considered for Gelco's expansion is ctirre❑'li' onnd xr +dus- trial Park. It is part of the major center area as defined in r..'. Prairie Guide Plan Update. The request for rezoning would be for offices which is consistent with the M.C.A. land use of highway commercial or regional office. Eden Prairie zoning ordinance for offices requires the folloaini - Minimum lot size - 20,000 sf - Minimum lot width - 100 ft. - Minimum lot depth - 100 ft. - Maximum height of main structure - 30 ft. - Maximum floor area ratio - 0.3 for 1 story and 0.5 for multi-story - Off street parking required at 5 cars/1000 sf of GFA Variance from the above zoning ordinance constraints can be requested in a planned unit development proposal. The PUD provision of this ordinance is to allow variations from the provisions of this ordinance including setbacks, height, lot area, width and depth, yards, etc, in order to: - Encourage more creative design and development of land. - Promote variety in the physical development pattern. - Concentrate open space in more usable areas or to preserve unique natural resources of the site. - Preserve and provide a more desirable environment than would be possible under strict interpretation of the zoning ordinance or subdivision regulations. The original Gelco building was the result of a PUD approved by the City in 1973. This PUD was amended when Gelco purchased the 6.4 acres immediately to the west of the original site. It would follow that the additional purchase of 17.89 acres again immediately to the west would be considered as an amend- ment also to the original PUD. • V fig. 5.1 Concept Development Plan { {c 1 1(.7 ! ro( tl i I.,..-,., 1 1 a 1LI(1 aM'Ilf; : til 1 i,inM ,/ty� Ii , Y-'1' -)1' .-t 6cji),,,),) 1 -{ 7 (pttnM.1 `I. ..ri_alI ' � J l_ l tCI \\' \ !' n>� ` n ! . {..i P � n/ P` ' { M It IA 1 1c.A }1�2: I . ' /, M Y ! f,.'% TA,/ ,n ` I� p a 'd. ye {. - . i(- 1 ' i rltie'U p , (�rG,f nM 4 t,!, , -c r R /� /p f` l �;/.-f' 1e�1�\p 1 �'\.�._�� " fint�Jl ,�•id�_7��rd/`"`UCr _�y►,.)L4 . p_„.._ lir j •_p � F.,,i, ,}1M IA C 1 I . } \nM ,d i Id c s ?:;) ANNi Alle. 1 �. ..<Fp.A r. C. I ' ; - •-•‘4 , 4",..„...... . -----) I- @ / 7r. ,:_ PM 1 • I "a\ 1y • .P1 `-� p / '� �NM '/ J.jam p' 1 .i:1, t,. 1 !1 .•�` p '•1 Ems'- \.>..... l I,}.. i � � Cs •�� ��- r �SE )aMa•� L lb � __A��'r p i- 0 I P ...._ ••. /\ °.'piaR- .. .,,,,,.... n ..„_, .,.,,,,,,„ „___,• c.„„ 4, ..., :t.,„... 't..,,,y4/ \.2 _. 6 P hi. °".• ' Cto 'Y frI, r ElJ fll FiM \ ' K 1�.� ;lip 1 , P' .: ;37 i �, \ _ i I, ♦♦ ill -. ;s� —I— legend: + I `. . *St! und.•,gna.d.low density t.•Id.ntlel RM residential I,n.d..m density( E elementary school SC sports complex RH residential (nigh density) t church, cemetary principal arterial C commercial SE secondary education intermediate " Id industrial HC Hennepin County minor arterial P public CS city services collector a quasi-public F tire sal " M.U.S.A Line Eden Prairie Guide Plan Update Source: Brauer & Asso- ciates, Inc. 2) 1.7 fig. 5.13 M.C.A. Land Use Task Force ' .Jii:ii-71 .,; ;; \\%.i,_\...),--\,,,:.:1 1, :-,rirri_• 2 r. �. .(;fir, • 1..?.. 1 ,, ; .1(...... 'i, 0� , x legend: i lc „' -regi • onal park t I 2 flood plain :kit ki ;..' ; :,;'..' 7.�`v I I !, 3 open space NI ry . rC� /T 1, � set .$• ` �.. 4 regional commercial Si 0 I 5 highway commercial li j , , X le :.b.:.kza ,,, 6 regional service i l - 1-: 7 regional office .::, ) ��� 8 industrial * housing i 'X- '' ten• ;t - ,.x! te .,, 1„,....:c...,\,".1, r‘,..‘,,N,:.1.,. ,c, L,::..,p.41.,:al U U rd' o P �' T fI� 6,e ' ;,• V • ..(legend: •E elementary school , I, .I•- cn V t church, cemetary � rr���t):!_. --- F fire I . .`= . c P RM residential ; O l c P : RN residential 1711 c 2 (\�/ c l C commercial C �1/` Id industrial 6;" ni I N�` �' P p public • ,. `'.Him.N• \ Yr��2,(EJ�,•\ .A 1' Q quasi-public Eden Prairie Guide Plan Update Source: MCA Task Force & Brauer & Associates I 1. Major Center Area -exclusive area for regional commercial and major office/commercial development. -a zone providing for interim phased property development. -exclusive site for high density multifamily housing. -public/quasi-public institutional zone. -define major highway commercial zone. 2. Airport Control Area ;. -noise and safety requirements for residential development. 9 . I' The Leonard Parker Associates SOILS The soils conditions on the expanded Gelco site are similar in nature to those on the site currently built on. The findings of previous soil borings have been that the natural soils will support a building using a conventional spread footing foundation. Enclosed is a Hennepin County soils map of the area and a copy of the last soil borings test report for Gelco. • 1 . • 2-2-03a j. �i 1 ( .fl,t' • '� ��W w - t m I• k c1z • t,` ir>� tiv ^•4 t u \ i - •Y I\ •�'+ N4 �I+.�•^+• til• t , t.� i.. ^ II j;. 1 z / z� �iu �l i'\;jt z .(� ) o% /�2 �. i J l o ) �Y 151 m w ,W r " i+, v` µN, ,i z MT i I "t. , _6.1, • P. , it 1' � ; .�- /�:. 1 _{"1�Y5; ♦. • Y ,: `•W. !\. l ,rig • ,( y y,Rl `fin ! � S. tr.•,c {y 17..; 1. *.l,i\ • 't'� //,.i \ w u ?�? - }».. '.y'.V' n, f. ,.. ` �r !° I t_ VA__ w w l �K L,ma n � c -�\ v • . N, �. i i i x x ' ♦♦ .3W�,� i^ • l. o. i ti c, t\. ;t Epic `� )il;i �� .. 1 T, ,I ,,,d0� `(\ ",, • :.. � N• 'dp 1 w�2 \ - s % r Zo k....;U \rr?�'z / pu1ma, sI ibati V 4 cx , � ``' -w m I1 si4 J t " ;tilf l ' ; yr:t•c z.....4. % , I 1 i Z Zp I. o I' .�-I' ' �`t�z• �i sa I , / '�' 1 f i � 3� _ .{ W r _ ., j? • T � • ��,. ' aaf o i & o 'C n+. 1,2 t\,•-Uf. i2Lfl J i (it: • . > "-..j 2-, \ ;-,,,%-f, -'•7 73 •-• .--°2 rg -'''' , •,., 7°2'-'( I Z ,/I USd : m 1 m L\R1_ \!_ �; giotr l/ C: xN O_, , �irc' Y i / m • ' C 03 . V J I• > l 9, _ \ I i W ,• i to j,/ f;.� / ,j/' / ,.3 i•� x' H i �. , '/, :,;,i„., •. . jo 6.._._ : . ..,4,_ ,,,. (4h, .:, ...,..No• \ . 0 -,, •, .:. 1 ,. c,,.,:., ',,‘ - , .. -t .- , ,,,\ 1 -0,5--. t 4 y •� '. $ e Q(',. ems, i t ,. � A 1I3ORTON SOIL IrVIiSTIGATION CORPORATE EXPANSION PROPERTY PARCEL A, THE PRESERVE EDEN PRAIRIE, MINNESO'JA We were retained by Mr. Emerson Greenberg of Gcico Corporation to conduct a soil investigation at a property directly west of the existing Gcico Building. The purposes of our work were to determine the general soil and ground water conditions • at the site, and to prepare a report including comments about foundation conditions for future building, any potential soil problems, etc. d PROCEDURE A total of eight (8) soil test holes were drilled at the site on May 5 and 6, 1976. The field work was performed using a truck-mounted CME-45B drill unit. The test holes were advanced using 31" i.d. x 7" o.d. continuous flight, hollow stem auger which acts as a temporary casing to prevent collapse of the sides of the hole. Standard penetration tests were performed in advance of the casing tip at 2 to 5 foot intervals of depth, fully in accordance with procedures designated in A.S.T.M. D-1586. Observations for ground water levels in the borings were made . after completion. ; . SUBTERRANEAN j--"i tom, ENGINEERING INC. MINNEAT'OT.IS. MINN The natural soils at this site are all related to an early stage of the Des Moines ice lobe of the Wisconsin glaciation. These soils tend to be variable in composition, both laterally and vertically. They include a clayey glacial till material containing random lenses or stringers of sand, and strata of silty sand and clayey sand. However the clayey glacial till material is the most predominant. In post-glacial times some silty organic soils have formed at the surface. The inorganic glacial soils have been well consolidated in the past, first by a glacial ice re-advance, and second by desiccation as the ground water table in the area lowered to its present level. r • According to information published by the State of Minnesota Geological Survey, the uppermost bedrock stratum under the site is believed to be St. Peter sandstone, and probably • occurs at a depth of at least S0 to 70 feet below present ground surface. SOIL CONDITIONS Topsoil The site is covered by a 6 inch to 3ht foot layer of topsoil. This material is a black to brownish-black organic silt with traces of fine sand. The topsoil is moist and loose, and is kunsuitable for foundation or floor slab support. SUBTERRANEAN ENGINEERING INC. �•1+ ,7as MINNEAPOI IS. MINN 4 Silt and Silty Fine Sand In the vicinity of our test hole 6 the topsoil is underlain by a 3 foot thick stratum of fine grained silt and sand material which is moist and loose. We believe that this is a former lakeshore deposit. Des Moines Glacial Soils The major soil types at this site occur directly below the topsoil and silt at depths of 1.1 to 3' feet .below grade. These soils extend well beyond the terminal depths of the borings. The principal soil type is a sandy clay with traces of � gravel and some random sand lenses. This material has very low 111 plasticity and is stiff to very tough in consistency. It has moderate load-bearing capacity and low compressibility, and is thus suitable for foundation support. Included with the sandy clay deposits are strata of silty sand of varying gradation. These soils arc loose to medium dense. They would perform well under a structure, if they are confined by a surcharge of fill or natural sandy clay. I . } SUBTERRANEAN r =UV ENGINEERING INC. "%i MINNEAPOLIS. MINN • I 1494 78thGELCO SITE anderrso lakesr r \ . co U N • GELCO CORP • • EDEN PRAIRIE. MINNESOTA 1'I I GROUND WATER CONDITIONS Free ground water was observed in 6 of the.8 borings. Final static water levels were at depths of 2.5 to 13.0 feet below ground surface. When this information is plotted on a site plan it indicates that there is a definite ground water gradient through Parcel A from the north end down toward the sanitary sewer line at the south end, with the ground water elevations ranging between 851.6 to the north to lower than 836.0 feet adjacent to the sewer line. There is also a gradient from the existing Gelco Building immediately adjacent to the east, down toward the south-west. The permanent ground water table at this site is of course directly related to the prevailing water level in Anderson Lake, at elevation 835.3 to 835.8 feet. The other ground water levels observed above the lake elevation represent a perched and transient ground water condition, resulting from surface drainage water at the roadway system north of the property, which is finding its way toward the lake through pervious sand seams within the soil. DEVELOPMENT PLANS Definite development plans for this site have not yet been formulated. It is likely that the first use' of the property will be as a paved parking lot to handle overflow parking from the neighboring Gelco Building. At some future time it is likely that an office building will be erected. SUBTERRANEAN ENGINEERING INC. ��� i MINNEAPOLIS. MI NN (---------"------- N!.../ n ANALYSIS AND RECOMMENDATIONS The soil conditions are generally quite favorable for foundation support. A building at this property may be supported upon conventional spread footing foundations based directly on the natural soils. The actual allowable soil bearing pressures and footing elevations will have to be established at a later date, when building plans become available, since they arc dependent upon column spacing, type and height of structure, and other similar factors. The practical significance of the perched ground water condition is that any excavation at this property deeper than approximately 8 feet is likely to encounter some seepage from i the uphill side. However the quantity of such seepage is not anticipated to be great, and it could be readily handled by gravity drainage to lower land downhill. The uphill basement wall would have to be very thoroughly waterproofed, and consideration would also have to be given to installation of an exterior tile drain system at that wall, in order to avoid any potential dampness problems at the north end of the basement. With regard to the installation of a paved parking lot at this property, it is recommended that all of the black organic topsoil should be 'stripped and removed prior to any pavement construction. The topsoil is somewhat thicker than usual at • ,. r SUBTERRANEAN • ENGINEERING INC. 9c/ 1.'.' MINNEAPOLIS. MINN. this property,erty, and a 2 foct average thickness may be used for , earthwork estimating purposes only. The pavement design should be as follows: 2" hot-mix bituminous wearing surface, Minnesota Highway Department 2341 or 2351 mix. 6" compacted, granular base course, M.H.D. Class 5 material. GENERAL • The soil conditions have been established at our test hole locations only. There may be variations in conditions betweei and around the borings, and linear interpolation or extrapolation of the results is not warranted. For_future building construction at this site it would be advisable to make some supplementary soil borings at the specific building location. • • • ii J SUBTERRANEAN ENGINEERING INC. • MINNEAPOLIS. MINN. ct.1if �'117 2-)9,1 r\ During construction operations on this property all earthwork, fill placement and compaction, installation of sub- drainage systems, should be inspected and tested by a qualified soil engineer. We would be pleased to provide the field inspectiol services. The recommendations and opinions stated in this. report are necessarily of a general nature. We should be consulted further as planning for construction at this site progresses, in order that we may have the opportunity of reviewing the soil recommendations as they relate to a specific plan. Submitted May 11, 1976 SUBTERRANEAN ENGINEERING INC. MeO1z1JYA44 yndess Registered Professional Engineer MM/lp fl Distribution: 4cc. Gelco Corporation, Attn: Mr. Emerson Greenberg lcc. File ir) SUBTERRANEAN `MZ ENGINEERING INC. MVP' MINNEAPOLIS. MINN. • The Leonard Parker Associates DESIGN OBJECTIVES 'telco Office Park PRIMARY - All buildings to have all-weather linkage. - All buildings to have simple efficient configuration. - Retain design integrity of existing building. - Optimize views of lake. SECONDARY - Minimize length of linkage. - All buildings beyond Stage II to have potential of two additional floors. - Minimize distance from parking. - Avoid existing utility lines. - Preserve west access drive to West 78th Street. - Screen against northwest winds. - Open to sun orientation. • �,2u l IIt l.174./11GIV r<1'rtt'1 I\JJ�J I.�tlIC.1 ' CONSTRAINTS - Amount of impervit.s•surface (paving and roof) is not to exceed 30% of total lot area. Impervious surface cannot occur within 50 feet of normal high water mark. - No building can occur within 150 feet of normal high water mark. - Maximum building height of 35 feet unless submitted as a planned unit development proposal. - An Environmental Assessment Worksheet will be required: a, When building coverage on lot exceeds 20,000 sq. ft. b. When length of shoreline exceeds 1,500 feet. c. When one thousand or more vehicle trips are generated in any one hour. Note: Preparation, submission and approval of the EAW will require 30 to 45 days. This will have an adverse effect on schedule leading to start of construction date unless we are able to continue design work on the Stage II building during the review period on EAW. • 2L The Leonard Parker Associates • ASSUMPTIONS - That the total site under optimum utilization can accommodate approxi- mately 500,000 gross square feet in building for 2,500 people. - That buildings will be added as required up to a maximum development of from four to six separate but linked buildings. - Restriction of 30% impervious surface allows for an additional 300,000 square feet of building with surface parking. Beyond that the parking would be ramped over the surface parking. - Rooftops will be planted to maximize surface parking by not being added into the total impervious surface. • J2g3 The Leonard Parker Associates BUILDING USE PROFILE • Additional Stage I . EW Scheme Sq. Ft. Floors Parking Parking Stage II 120,000 3 600 210 Surface Stage II alt. 160,000 4 800 210 Stage II alt. 200,000 5 1000 210 Stage III 120,000 1 600 Surface • Stage IV 120,000 7 600 Ramp Stage V 120,000 7 600 Ramp Totals 505,000 1200 Surface 1200 Ramp ' 1 zauy ' Aa...'4:,"vt r..0Rf•''''.1' L: _ , oN 4 iij4i;,,,',:ftn•-• ''',':( .-tug'. 1:.$'-.1.• I•r't--:::•..4 -4.''C. 11 , e,,Nrcs %;,)f::N, sl..„.pi,41,;,,civNA----- '51'' *0;4' ..A.::: .v.),,,, . .,, 7 .-., .,,t (,(l',,-.. ,,,. / 0 _ I ...le,.0 •''''''.'''' . - 41:4,... <-3qr i ,•-,,,,i..-. 0 i-f,!:4,- ,- -• / .;:u.i -- t.i,I a—% ,e/v4,:r.‘ i, ' .> I, ^•:, ri 1 ill eft,\ It . li k.:\-:-.,:t',V/ ,-„;;:fri.,-...a..' 7 •,-. --,,,..,,, ,.,,e,, 4. t. 'YA, ,,,.',C,•144,7 4,,,.. ..-+11"..<—• §fittl/ 1 ''-1V/ '‘,0 ?e•if/ A. • /%, . . ..„H.... p.it-- - - 'A,j1; , ';',,:cfc.:1 ..-./,--0 ,.••,`‘' • _ n \I, , %'' C) "I;ii / '• i 'g.. I - -I ',.• 1: -fti,k„..4../., ti z - 14y4i' ! 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L ,, 1 'i IN , >•.; -1 1/,- -47 ‘ / cia \i?( , ',/,01\ �; 'a t; to ' v \) . . • • •, ayG 1 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-168 A RESOLUTION TO THE HENNEPIN COUNTY BOARD OF COMMISSIONERS RECOMMENDING A SINGLE VENDOR FOR PUBLIC HEALTH NURSING SERVICE IN HENNEPIN COUNTY WHEREAS, the Joint powers board of Suburban Health Nursing Service, of which Eden Prairie is a member, unanimously recommended that Hennepin County Assume the responsibility to provide public health nursing services to Hennepin County (excluding Bloomington, Richfield, Edina, St. Louis Park,and Minneapolis) by County contract with one vendor, said action being taken on April 19, 1978, and WHEREAS, The City Council of Eden Prairie concurs in that action, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: The City of Eden Prairie City Council recommends that the Hennepin County Board of Commissioners adopt the recommendations of the Joint powers board of Suburban Health Nursing Service and provide public health nursing services to Hennepin County (excluding . Bloomington, Richfield, Edina, St. Louts Park and Minneapolis)by County contract with one vendor. Wolfgang H. Penzel, Mayor ) SEAL ATTEST: John D. Frane, Clerk !j • MINUTES SUBURBAN HEALTH NURSING SERVICE 4:30 p.m., Wednesday, April 19, 1978 Community Room - St. Louis Park City Hall 5005 Minnetonka Blvd., St. Louis Park, MN. CALL TO ORDER - Temporary Chairman Dick Henneberger. PRESENT - David Kennedy - Attorney, Donna Anderson - Hennepin County, Hilda Boyle - SPHNS, Ward Edwards - North Memorial plus the following roll call of cities: Brooklyn Park, Champlin, Crystal, Eden Prairie, Hopkins, Minnetonka, Minnetriata, Mound, New Hope, Plymouth, Robbinsdale, St. Anthony, St. Louis Park, Spring Park and Wayzata. • ABSENT - Brooklyn Center, Golden Valley, Long Lake, Maple Grove, Medicine Lake, Medina, Orono, Osseo and St. Bonifacius. It was moved by Frank Snyder, seconded by Josephine Nunn, to approve the minutes of the previous meeting held February 15, 1978. Motion carried. The Temporary Chairman acknowledged that there are no claims but we do owe our Attorney and SPHNS for some clerical assistance. . Report f Officers: Temporary Chairman stated Executive Committee members Henneberger, Lovaasen, and Larson met 2/23/78, and with the assistance of Hilda Boyle and Ward Edwards, drafted Proposal For Public Health Nursing Services in Hennepin County in 1978, and submitted it 2/14/,b to the Office of Planning h Development . . . Harlyn Larson, Tim Lovaasen, Ernestine Sime, and Josephine Nunn were designated as the Committee to Develop a Plan for 1979 and were notified by letter dated 3/23/78. Report of Committees: Harlyn Larson discussed the recommendations of the Committee on Plan for 1979, copies of which had been distributed. Attention was called to the omission of Robbinsdale in the Group 2 listing of municipalities. It was moved by Josephine Nunn, seconded by Jack Irving, that the Board of Directors accept the recommendation of the Special Committee and forward it to the County Board. Motion carried with no dissenting vote. St. Louis Park abstained as they are a direct share community with need to submit their own plan. The Temporary Chairman acknowledged receipt of the following: 1. Mary Butler's resignation from the Executive Committee ef- fective 4/12/78. 2. Receipt of a letter from Hennepin County Office of Planning and Development, dated 3/29/78, acknowledging receipt of SUNS inter proposal. It was moved by Jack Irving, seconded by Josephine Nunn, to nominate members of the current Executive Committee for continuation in office until such time as the future of SUNS is determined. Motion carried. '.114 o J1 Y-► • • —2— Adoption of an annual budget was deemed unnecessary if the Board of Com— missioners approves the SHNS Plan for 1979. If approved, dissolution of SHNS shall proceed as per Article XI, Section 3, of the Agreement. It was moved by Harlyn Larson, seconded by Keith Meland, that.the Temporary Chairman, Dick Henneberger, request notification of amounts due from our Attorney, David Kennedy, and SPHNS and send out a per capita billing to each community. Motion carried. It was moved by Jack Irving, seconded by Keith Meland, to adjourn the meeting at 5:10 p.m. Motion carried. Respectfully submitted, LaDonna Ja obson Recording Secretary Tor Board of Directors -Sha !Peer 'Committee on Plan for 1979 SUAJECTr Committee Recommendation Temporary Chairman Henneberyer appointed a committee of Harlyn Larson, Josephine Nunn, Ernestine Sime and Tim lnvaasen to develop a recommendation for the provision of nursing services for 1979. This action is the result of a motion made and duly adopted at the February 15, 1978 meeting of the Board of Directors. The Committee met and adopted the following recommendations: ' Hennepin County assume the responsibility to provide public health nursing services to the non-direct share communities in the County by County contract with one vendor. The County Board of Ctrrnissioners establish an advisory committee of eleven (11) muni- • cipal representatives to assist the County in determining the level of service to be provided and the financial program to support the service cost. The advisory committee shall hold at least one meeting per year to which all communi- ties receiving service shall be invited to discuss problems, service needs, or other concerns in relation to the service. This netting shall also include the election of the municipal representatives fro:.,Group II .ndill Coeanunicie•s to the advisory committee. The advisory correttee chairperson shall appoint a nominating committee who shall prepare and distribute a proposed list of candidates to member cities at least one week prior to the riveting. Norm nations from the floor shall be permitted. Members present on the basis of one vote per community shall make the selection. 1t is suggested that the eleven (12) members be selected on the following basis: GROUP I • Brooklyn Center 34,110 Brooklyn Park 36,300 These three communities would Minnetonka 40,700 be allowed one advisory cceert- Population 111,110 - tee member each. GCOUP 11 • Crystal 28,180 . Golden Valley 23,680 ,$opki ns 15,160 Three coccitt ee members would he y;,_;pope 13,310 selected to represent these sir • • Plymouth 15,030 eanmurri tics Maple Grove 13,230 Population 118,600 GROUP III • Cher-..plin 8,040 Independence 2,500 Rockford 260 Chanhassen 10 long Lake 1,720 Rogers 680 Corcoran 3,040 Loretto 350 St. Anthony 6,510 Payton 3,730 Maple Plain 1,370 St. 8onifacius 780 Deephaven 3,760 Medicine Lake 440 Shorewood 4,380 Eden Prairie 10,840 Medina 2,770 Spring Park 1,520 Excelsior 2,980 Mtka. Beach 570 Tonka Bay 1,510 • Greenfield 1,240 Hinnt•trista 3,7)0 Wayzata 4,170 Greenwood 600 Mound 9,190 Woodland 540 Hanover 170 Orono 7,I0O Population 89,310 Nissan 1,720 Osseo 2,960 these communities would be represented by five members on the advisory committee. The committee spent considerable time discussing the alternatives available for the provision of nursing services. While each alternate has weak and strong points, the major c ncern.s were two. First, and fore- ,lost, is the need to establish a nursing service that is stable in terms of knowing that it will continue year to year, with a minimum level of service that will be available throughout the county. Secondly, the nursing service must be assured of on-going financial support. It appears that the county is the appropriate level of government to assure that tax support will be available for nursing service. It is hoped that the suggested advisory committee can provide assistance in development of a program that • zeflects the service needs and yet is responsive to the need for fiscal restraint in government. It is also recognized that certain municipalities may have a need for services in addition to those provided .•• county-wide. It is antici fated that the vendor chosen for the general contract will be required to provide additional services by separate direct contract with the communities needing the service. The committee nuke-up is not perfect. There 1s no perfect method to determine representation. The reco+mended ' eat ittee is to provide an opportunity for all types of interests to be represented. The larger communities • probably have rorr total needs, but the speller cities may have as many or'ore special needs. The 3-3-5 repre- sentative split is intended to permit both population and special interests to be heard. r,22S1.) ® -'7 • �c-Z7 • The above recommendation does not answer all the technical questions --what happens to the Joint Pwer- SHNs-organication if the recommendation is adopted? Will this be acceptable to the County? The Countylin accepting the concept soill must establish its own organisation for the idvis�ry committee. They may another method. The recommendation does not address the private hospital versus public agency question. The choice of ven- dor would be left to the County who would select whatever agency they felt could best meet their contract requirements. Hennepin County now provides directly, or by contract, the major portion of human services in the county arca. It is logical that they provide the nursing service as well since the needs cross community bounda- ries and is as real for the few people drawing from the service in the smallest community as it is for the many in a larger city. The community priorities may differ, however. If the needs are to be met, the service must be available. Hennepin County has the legal responsibility by law to see that it is provided. It is suggested that they also be given the direct responsibility. Respectfully submitted, • Marlyn Larson • Josephine Nunn Tim Lovaascn Ernest inc Sime • • • 1 • ' • • • j' j r • '1 • • a 1. 1 WIRIBIRMIller ,` EC)F-7.N PI11\11•4117.EVIMINICE;OTA . — VW". . c,:$6*1.--, ..,4.1 f(D s (— ---- ____,..... L Richard M.Feerick,President R.M.Fontick Associates James D.Arlandson,Vice President Nortlittiertern Bell Telnphorte James OSigliI0-11.Secretary CH AMOER OF COIVIIVIEFECE Hustad Denielopinrof Corporation IMMEGIVRilla288098MMOSIMBIBIRantin Gene A Haberman.Treasure/ kden Prairie Clam 13177k/07g . Northwestern National Sank of Hopkins 8455 Flying Cloud Orem Eden Prairie,Mr IICSO I d 55340 Roy VW Terwillttic,Past President Telephow 16121 944.2830 Suburban Atthooiat lEnth• M' I . A ^• Betty L.McNulty,Executive Director:::' : ! t O• t• ':t; 't il'••• .... l',tt:• 1/•Li .....k:!•1:•..r.-. '7' 7.•'V7 (l/1111.7' 7.7. 77 : 1 '7—7,..-', !.!"; • 7 ...fir PI 't.'1 I t2 C.117717f'r ,,i (:,,,iii:.. ,•:.•,_• h„!: (VC1';111!',C.C. ;, T. ., ,I. ,,,, • t 4.1c;7 1 i.7•t` i... ;77-•.•" 77.,. • -7.„.7•777.17. .7:-.I.‘,. :•7777 1 '7117'1:, 171••1j7 ...7 t ...oaf r(, .•-•!......tly ;fit ila..•• , ,,, ,:-.;•1 . ,-t., ..,,,.. . ' .,,,),..n 1:,..1-1. 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MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: Sept. 1, 1978 SUBJECT: County Rd. 18/I-494 Interchange Improvements SP 2785-188 Preliminary Plan Approval Recommend approval of said preliminary plans based on the following consider- ations: 1. The plan has been revised to provide for the merging of eastbound W. 78th St. with the I-494/Co. Rd. 18 exit ramp, thus improving traffic flow on W. 78th St. and relieving the potential of con- gestion along W. 78th St. adjacent to the Ensign Road residential neighborhood in Bloomington. 2. The Minnesota Department of Transportation has programed a letting date of August, 1980, for tht connection of Schooner Boulevard to I-494. This, together with a thru frontage road on the north side of I-494 over to Washington Ave., should minimize the need for an additional bridge over 1-494 at Washington Ave. 3. The Staff will request D.O.T to provide a ramp from Washington Ave. to westbound 1-494, provided that such ramp does not conflict with proposed Schooner Boulevard ramps. CJJ:kh • 22 3 Sept. 5, 1978 Mn/DOT 2521 (4/77) RESOLUTION No. 78-161 At a (regular) (special) meeting of the City Council of the City of Eden Prairie duly held on the day of , 1978 , 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 393 renumbered as Trunk Highway No. 494 within the corporate limits of the City of Eden Prairie , EOM= At C.S.A.H. 18 interchange in Eden Prairie as ; and 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. 4, S.P. 2785-188 (494=393) at C.S.A.H. 18 interchange in Bloomington and Eden Prairie 4 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 393 renumbered Trunk Highway Number 494 within the limits of the City of Eden Prairie be and hereby are approved. ADOPTED by the City Council on i John D. Frane, Clerk Wolfgang H. Penzel, Mayor ?2) 1 Mn/DOT 2521 (4/77) Upon the call of the roll the following voted in favor of the Resolution The following voted against its adoption: • whereupon the Mayor and presiding officer declared the Resolution adopted. Dated , 19 78 Mayor Attest City Clerk STATE OF MINNESOTA ) ss. COUNTY OF Henhepih ) . . . ) CITY OF Eden Prairie I do hereby certify that at a regular meeting (at a special meeting of which due and legal notice was given) of the City Council of Eden Prairie Minnesota, on the day of , 19 78 , at which a majority of the members of said Council were present, the foregoing resolution was adopted. Given under my hand and seal this day of , 19 78 • City Clerk • oNES0r9 O n < Minnesota Department of Transportation District Five • r). TRP 5801 Duluth Street Golden Volley,Minnesoto 55422 (612)545-3761 August 1, 1978 Mr. John D. Frane Eden Prairie City Clerk 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In reply refer to: 315 S.P. 2785-188, T.H. 494 At C.S.A.H. 18 Interchange in Bloomington Hennepin County Layout 64 Dear Mr. Frane: Attached for presentation to the Eden Prairie City Council for their approval are 2 copies of the above referenced layout with resolutions. Before the Council meeting at which the resolution approving the preliminary plans is presented for adoption, the attached layouts should be filed with the Clerk. There will be Federal participation on the funding for the signal installation. The funding for the rest of the project has not yet been resolved. There are some changes in Layout 4 from the one used at the public hearing: 1. The addition of a free right turn from the ramp to northbound CSAH 18 • in the northeast quadrant. 2. In the southwest quadrant we have combined the ramp and the frontage road, similar to those in the other quadrants. The proposed project is still scheduled to be let in August 1979, however, it is possible the project could be delayed due to this additional work. Upon approval, please return a certified copy of the attached resolution. If you have any questions or wish to discuss this further, call Evan Green at 545-3761 extension 119. Sincerely, 1�..Ct,L _p� ,eW y, Evan R. Green Project Manager Attachments: 4 ERG:bn • An Equal Opportunity Employer .1104) NOTICE Sept. 1, 1978 TO: Property owners along Washington Ave. Please be advised that on Tuesday, Sept. 5, 1978, at 7:30 P.M. at the City Hall, the Eden Prairie City Council will consider approval of the Minn. D.O.T. preliminary plans for intersection improvements at the County Road 18/I-494 interchange. A copy of said preliminary plan is available for inspection at the Engineering Dept. offices at the City Hall. City of Eden Prairie Public Works Dept. Engineering Division • 2-2* CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-163 • A RESOLUTION APPROVING FINAL PLAT OF EDENBROOKE WHEREAS, the plat of EDENBRODKE has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances 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 EDENBROOKE is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 31, 1978. B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. I waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- a trar of Titles for thier use as required by MSA 462.358, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behlaf of the City Council upon com- pliance with the foregoing provisions. ADDPTED by the City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk do • 22tj7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 31, 1978 SU8JECT: EDENBROOKE (Edengate Townhouses) PROPOSAL: The developer, Eden Prairie Townhouse Company, is requesting City Council approval of the Final plat of Edenbrooke (Phase I of Edengate). This development was previously known as the Edengate Townhouse Development. The plat consists of 37.9 acres and will be developed into 176 townhouse units (RM 6.5) and is located north of Duck Lake Trail and east of Lochanburn Addition in Section 6. Outlots A through E will be replatted into townhouse additions as Planned Phasing continues. HISTO:?: The preliminary plat was approved on February 7, 1978, per Coun- cil Resolution No. 77-134. Zoning to RM 6.5 for 37.87 acres was finally read and approved on April 6, 1978, by the City Council per Ordinance No. 77-37. The final plat now submitted for approval conforms with the approved preliminary plat and consists of 30 units (Phase I) of the proposed ultimate 176 units. The Rezoning Agreement was completed on April 6, 1978. Applicable parts of this agreement referring to final plat approval shall be complied with prior to City release of the plat. VARIANCES: Variance from the requirements of Ordinance NO. 93, Section 8, Subd. 1, waiving the six month maximum time elapse between approval of the preliminary plat and filing of the final plat will be necessary. UTILITIES AND STREETS: Utilities and streets shall conform with the re- quirements set forth in the Rezoning Agreement. A City trunk watermain has been proposed to be extended through the plat. Units receiving lateral service from this trunk line will be eligible for lateral assessments. City maintenance of this trunk main through the plat, plus other watermain laterals within this plat, are proposed with easements to be provided by the developer. - 2 - PARK DEDICATION: Requirements for park dedication shall conform to the Rezoning Agreement. Outlot F through M will be deeded to the owners of Lots 1 through 8, Block 4, Lochanburn Addition in conformance with the Rezoning Agreement. BONDING: None required. RECOMMENDATION: Recommend approval of the final plat of Edenbrooke, sub- ject to the requirements of this report and the following: 1. Conformance with the requirements of the Rezoning Agreement dated April 6, 1978. 2. Receipt of fee for City Engineering in the amount of $900 (30 units at $3D per unit.) 1 CJJ:kh t 1 J�' 9 j. j t r i i i Sept. 5, 1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-155 RESOLUTION REQUESTING MINNESOTA D.O.T. TO HASTEN T.H. 212 FINAL ALIGNMENT AND R/W ACQUISITION WHEREAS, the proposed alignment corridor of future T.H. 212 crosses through a major portion of Eden Prairie, and, WHEREAS, the City is facing increasingly active development pressures which may result in serious encroachments into said T.H. 212 corridor, resulting in substantially higher R/W acquisition costs which all taxpayers must bear, and, WHEREAS, serious traffic congestion and accidents along exist- in T.H. 5 and T.H. 159 will continue to worsen without the implementation of the plans for T.H. 212. NOW, THEREFORE, 8E IT RESOLVED by the Eden Prairie City Council as follows: 1. That the Commissioner of MINN. D.O.T. is herein urgently requested to proceed without delay to define the njW limits for the proposed T.HL 212 extension and that a plan be developed to acquire or otherwise reserve said R/W where development pressures are occuring 2. That actual construction of T.H. 2I2 be planned and programmed for the earliest possible future date. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John Frane, Clerk 2.2.0.1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 78-159 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-329, Crosstown Industrial Park Sanitary Sewer, Storm Sewer, Watermain and Street Improvements. bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to NORTH CENTRAL UNDERGROUND, INC., St. Cloud, Minnesota ;! as the lowest responsible bidder. i NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: • • The Mayor and City Manager are hereby authorized and directed to enter into a contract with North Central Underground, Inc. Box 314, St. Cloud, Minnesota in the name of the City of Eden Prairie in the amount of 5204,119.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on ATTEST: Wolfgang H. Penzel, Mayor SEAL: John D. Frane, Clerk 22;JI l RIEKE CARROLL MULLER ASSOCIATES INC August 31, 1978 architects • engineer; •Carl Jullie, P.E. land ste,yors • City of Eden Prairie 8950 Eden Prairie Road m.t;.nn.,,, Eden Prairie, MN. 55343 RE: BIDS FOR I.C. 51-329 mnmtinq CROSSTOWN INDUSTRIAL PARK ta»tolltc,t.ox 130 RCM FILE 781017 201 hopkms,ruin tsota 5:3e: Dear Carl, tocam ion loll firm>ucct suet" Enclosed are the Tabulation of Bids and Form of Resolution hopkin;.n,h,n<coma 5531 for awarding the contract on the above referenced project. cls aas crr)i The low bid for the project was submitted by North Central Underground, Inc. of St. Cloud, Minnesota in the amount of $204,119.00. This bid is slightly lower than the Engineer's • final estimate of $210,000.00. Our firm has worked with the low bidder in other municipalities and we believe they are qualified to perform the work as specified. We therefore recommend award of the project to North Central Underground, Inc. Very truly , rs, 10( ez--,--/ZZ-÷- . David 0. Husby, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. hook:ns.nttnn.�nma gtYlorrl !mr nwm a DOH:cp .l.c,c„to nttn1ato Encl. trrain.,a worthroarnn DQ I CITY OF EDEN PRAIRIE SUMMARY OF BIDS IMPROVEMENT CONTRACT 51-329 , CROSSTOWN INDUSTRIAL PARK BIDS OPENED AUGUST 31, 1978 EDEN PRAIRIE CITY HALL a' CONSULTING ENGINEERS: RIEKE CARROLL MULLER ASSOCIATES, INC. ' NORTH CENTRAL UNDERGROUND, INC. $204,119.00 BURSCHVILLE CONSTRUCTION, INC. 226,987.26 (1) RICHARD KNUTSON, INC. 230,576.50 C. S. McCROSSAN, INC. 233,611.00 . ARI CONTRACTING, INC. 243,525.00 (1) NODLAND ASSOCIATES, INC. 253,665.00 (1) Mathematical errors corrected. We recommend Award of Contract for Improvement Contract 51-329 to North Central Underground, Inc., the lowest responsible bidder. The bids have been checked for mathematical accuracy and corrected as necessary. Approved and forwarded for City Council consideration. Carl Jullie, P.E. David 0. Husby, P.E. City Engineer • Rieke Carroll Muller Associates, Inc.