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HomeMy WebLinkAboutCity Council - 08/07/1979 • JOHN D. FRANE EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 7, 1979 7.30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 3, 1979 Page 2145 I•II. CONSENT CALENDAR A. Clerk's License List Page 2156 • B. Plans and specifications for temporary traffic signals on T.H. Page 2157 169 1 Resolution No. 79-147) C. Plans and specifications for improvements in Chatham Woods, I.C. Page 2158 51-343 (Resolution No. 79-148) D. Set Public Hearing for LeParc, J.C. Kohlrusch, for September 4, 1979 Page 2154 E. Set Public Hearing for Mitchell Heights townhouses for September 4, Page 2160 1979 IV. PUBLIC HEARINGS • A. Shea rezoning, request to rezone .B acre from Rural to R1-13.5 for 1 Page 2161 existing house and I additional building lot. Located at 6991 West 192nd Avenue (Ordinance No. 79-25) B. Sunset Crest by Audrey Buss, request to rezone and preliminary plat Page 2170 1.36 acres from Rural to R1-13.5 for 1 existing home and 2 additional lots. Located north of Lotus View Drive and west of Tartan Curve (Ordinance No. 79-26 and Resolution No. 79-136) C. Opus II, PUD Revision. request to amend the Opus II PUD 74-06 for thePage 2179 expansion of American Family Insurance Buil. ng. Located-northwest quadrant of Co. Rd. 62 and CSAH 18 (Resolution No. 79-137) D. Independent Millwork by Darkenwald Real Estate, request for PUD Concept Page 2190 approval of 8.30 acres for commercial and rezoning from Rural to Commercial for one lot. Located north of W. 78th Street, south of the Presbyterian Church and Leona Road residential area, and east of Eden Prairie Auto Body Shop. (Resolution No. 79-138 - PUD, and Ordinance No. 79-27 - rezoning) City Council Agenda - 2 - Tues.,August 7, 1979 E. Old Farm Addition, Dirlam Properties, request for PUD Concept approval Page 2203 of 14.8 acres for multiple residential uses and community commercial, rezoning from RM 2.5 to RM 6.5 and preliminary plat the property into 19 lots for four-plexes and 1 for future community commercial (Resolution No. 79-140 - PUD, Ordinance No. 79-28 - rezoning, and Resolution No. 79-141 - preliminary plat 19 lots and 1 community commercial) V. REPORTS OF ADVISORY COMMISSIONS VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for approval of Alpine Estates 2nd Addition developer's Page 2227 agreement B. Request for approval of Preserve Center Addition Replat developer's Page 2233 agreement VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-41, approving the request for rezoning Page 2238 from Rural to R1-13.5 on 108 acres for Bluff s West 2nd Addition by Hustad Development Corporation, Dr. & Mrs. Brandt and B.F.I., and developer's agreement B. 2nd Reading of Ordinance No. 79-01, rezoning 10 acres from Rural to Page 2054 ' C-Conmercial located in the southwest.quadrant of Anderson Lakes & 2260 Parkway and County Road 18 for Suer Valu-Shopping Center, and developer's agreement (continued from July 17, 1979) C. 2nd fromReading R1-22 tofR11--13.5 for Tapviiewdinance No. 8Acress 4thg approximaly 17 Addition byte Miler's Page 2265 and developer's agreement D. 2nd Reading of Ordinance No. 79-24, rezonin. 4.4 acres from Rural to Page 2277 Office for a bank and office facility for Suburban National Bank and developer's agreement VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. Appointment to the Waste Disposal Advisory Committee Page 2284 B. Report of City Manager 1. Award bids for 2 emergency sirens Page 2285 C. Report of City Attorney 1. Authorization to seek proposals for codification of ordinances D. Report of Director of Community Services 1. Round Lake Park Development Page 2286 2. Petition from Topview neighborhood Page 2288 . - • •• ".. ' City Council Agenda 3 Tues.,August 7, 1979 • D. Report of Director of Connunity Services (continued) 3. Letter from Eden Prairie Athletic Association Page 2292 4. Counter offer on Milkovich property Page 2296 • E. Report of city Engineer 1. Final 1110 approval of Bluff's West 2nd Addition (Resolution No. Page 2166 79-140) • • • 2. ;Cot/Oiler bids for Shady Oak Road improvements, 3. „,51-344B per,2302 TReso trifon No. 79-143) 3. Consider bids for improvement Mitchell Heights 4th. Page 2303,, 51.353 (Resolution No. 79-144) 4. Consider bids for Seel Coating, I.t. 51-339 Page:;306 5. Revised oreiimfnary lan for rfjc signal at Co. Rd. Ta and Page 2112,, 51-338 titian O. ' isq • Parkway,) —_ant trem y I , 1979 6- 1130% Petition from Jewel Illeerteen Company Per extension of Pa:90'23AB • stone sewer on 69th Avenue, 1.C. 51-34a (Resolution No.z/9;145) 7 FeasibiliAy Wort for Valley View Road extension west of Co. page.2309.. 4, 1.C. 51-'125 (Resolution No. 79..146) bakC a. Cha e ONer No. 1 to nvide qrenular itateri.al. Shady gage 2310 • a mprovements, -WA 9. Change Order No. 2, improvements in Lake Trail Estates. page gala. 1. C. '51-315A • F. Report of Finance Director • • 1. Request to set a Public Hearing for Municipal Industrial page?jig Development Bond approval for Robert Murray Office-Wtrebegtil l'ro.fect in the amount of $1.350,00ptlx) for SePtenter 4. 19.79. 2. Payment of Claims Nos. 5042 - 5256 Page 2311 IX. NEW BUSINESS • X. ADJOURNMENT. •.• , • • , „ • • • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL • C JESDAY, JULY 3, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; Engineering Assistant Gene Schurman; Finance Director John Frane, and Joyce Provo, Recording Secretary INVOCATION: City Manager Roger Ulstad PLEDGE OF ALLEGIANCE ROLL CALL: Edstrom, Pauly and Fenzel present; Osterholt arrived at 7:40 PM; and Redpath absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Ulstad requested that an item be added under his report (item VIII. B.), • Council's consideration of two emergency sirens. MOTION: Edstrom moved, seconded by Pauly, to approve the agenda as amended and • published. Motion carried unanimously. • II. MINUTES A. City Council Meeting held Tuesday, June 5, 1979 MOTION: Pauly moved, seconded by Edstrom, to approve the minutes from the City Council meeting held Tuesday, June 5, 1979,as published. Motion carried unanimously. B. Special Council Guide Plan Public Hearing held June 12, 1979 Page 3, add a new pare. after para. 11, to read as follows: "Edstrom stated that he felt items 1 and 2 under Transportation, relating to T.H. 5 and old T.H. 169, tends to derogate from item 4 relating to new T.H. 212 since funds for any of these projects are limited." Pg. 4, strike the 2nd para., and insert in lieu thereof "Edstrom stated that the suggested completion dates for signalization at U.S. 169/County Road 1 and U.S. 169/Votech were unacceptable and that he wished the questions of these intersections be considered by the Council". MOTION: Edstrom moved, seconded by Pauly, to approve the minutes of the Special Council Guide Plan Public Hearing held June 12, 1979 as amended and published. Motion carried unanimously. • (, III. CONSENT CALENDAR A. Approval of plans and specifications for improvements on Shady Oak Road exten- sion to T.H. 169, I.C. 51-344B (Resolution No. 79-125) • - s • • • • Council Minutes - 2 - Tues.,July 3. 1979 • • III. CONSENT CALENDAR (continued) B. Approval of plans and specifications for improvements in Hipp's Mitchell Heights 4th Addition, I.C. 51-353 (Resolution No, 79-126) C. Set Public Hearing for Old Farm rezoning from RM 2.5 to RM 6.5 for August 7, 1979 MOTION: Pauly moved, seconded by Edstrom, to approve items A - C on the Consent Calendar. Motion carried unanimously. • IV. PUBLIC HEARINGS A. Request for Municipal Industrial Development Bond approval in the amount of $1,350,000.00'for Donald Russ (Resolution No. 79-72) Finance Director Frane explained the proponent wishes to partly finance a multi-tenant office building of 32,000 square feet in the Flying Cloud Drive area. The project is expected to cost $2,130,000.00. When the project was originally submitted a list of six proposed tenants was submitted; however, that list has since been modified. Late this afternoon Mr. Frane • stated he received a letter signed by Mr. Donald Russ indicating that another • party was already granted a financial interest in the project. Frame commented he is unclear at this point in time as to whether the required publication as amended by the State of Minnesota at its last legislative session is correct and whether or not the Council should proceed. • City Attorney Pauly noted he became aware of this change late this afternoon ( also and it is his impression that the publication of the Notice of Hearing is to set out the applicant or the person who is requesting the sale of the industrial revenue bonds, and that person's name be set out in the publication and it be the same as the applicant to the Commissioner of Securities for the Commissioner's approval. Since the new investor wasn't listed on that Notice of Publication, Pauly thought at this point it would have to be republished and a new hearing held. Mr. Richard Anderson explained the only owner is Mr. Donald Russ and he has offered an opportunity for Mr. McCorkell to invest. Further it was indicated to him before that the Council wishes to have some of the tenants having interest in the property and-that this particular option may not be exercised until after the mortgage is closed. Penzel stated he still has a concern from a technical legal standpoint and would rather not put the Council in a position where whatever action might be taken this evening or anytime might be of a questionable nature. Mr. McCorkell explained he has no financial interest at this time other than the gathering of the tenants. MOTION: Osterholt moved, seconded by Penzel, to continue this matter to the July 17th Council meeting, and instruct staff that should additional publication be required, that staff be authorized to make that publication in the interim. Motion carried unanimously. B. Regciest for Municipal Industrial Development Bond approval in the amount of $1, 00,000.00 for Kirsch Company (Resolution No. 79-106) Finance Director Frane explained the Kirsch Company intends to construct a 39,000 square foot office/warehouse/distribution facility in the Crosstown Industrial Park 2nd Addition at an estimated cost of $1,200,000.00. 1 • • • - 3 - Tues.,July 3, 1979 • B, Request for Municipal Industrial Development Bond approval in the amount of 51,200,000.00 for Kirsch Company (Resolution No. 79-106) Continued Mr. Anzelmo, representing the Kirsch Company, spoke to their request and answered questions of Council members. Edstrom asked if the Kirsch Company plans to utilize the entire facility Mr. Anzelmo replied in the affirmative and noted they are anticipating employing 30 - 35 people in the growth. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and adopt Resolution No. 79-106, granting the request for Municipal Industrial Development Bonds in the amount of $1,200,000.00 for the Kirsch Company. Motion carried unanimously. C. Duck Lake Vista by Pierce & Associates, request to rezone approximately 20 acres from Rural to R1-13.5 and preliminary platting of 32 single family houses (Ordinance No. 79-23 and Resolution No. 79-124) City Planner Enger explained this item was reviewed by the Planning Commission on 6/11/79 and was recommended to the Council for approval on a 7 - 0 vote as detailed in minutes. Tim Pierce, the proponent, and Mr. Cardarelle, Cardarelle & Associates, • spoke to the proposal and answered questions of Council members. • Penzel questioned what the prospects are of getting the right-of-way easement for the access to North Hillcrest Court. Pierce replied the School Board doesn't want to get involved in paying for any roads and doesn't want it abutting • their property. MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 79--23, rezoning approximately 20 acres from Rural to R1-13.5 for Duck Lake Vista by Pierce & Associates. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No, 79-124, approving the preliminary plat for Duck Lake Vista. Motion carried unanimously. MOTION: Pauly moved, seconded by Osterholt, to direct Staff to draft a developer's agreement incorporating the recommendations of the Planning • Commission, the Parks, Recreation & Natural Resources Commission, Riley-Purgatory Creek Watershed District and Hennepin County. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI. PETITIONS, REQUESTS & COMMUNICATIONS • A. Request for Transmission Line and Substation Development in Eden Prairie through the early 1990's (continued from 6/19/79) Ulstad explained he does not have a recommendation for the Council this evening; however, he did meet with Mike Sullivan, who is with the EQB and his specific charge would be power plant siting. Mr. Uistad reviewed with Mr. Sullivan a number of concerns the Council discussed at the last Council meeting. Ulstad suggested inviting Mr. Sullivan to the July 17th meeting and have him outline what a request for exemption means in the eyes of the EQB and just by their granting the exemption what that implies as far as the City is concerned. • • • • Council Minutes. - 4 - Tues.,July 3, 1979 A. Request for Transmission Line and Substation Development in Eden Prairie through the early 1990's (continued) MOTION: Edstrom moved, seconded by Osterholt, to instruct Staff to invite Mike Sullivan from the EQB to the July 17th Council meeting as suggested by City Manager Ulstad. Motion carried unanimously. Ulstad acknowledged NSP will also be invited to attend the meeting of July 17th. T. B. Request by Timothy Gagner for preliminary plat of 3 lots zoned R1-22 to be called Alpine Estates 2nd Addition (Resolution No. 79-63) City Planner Enger explained this item was placed on the Council agenda for an April meeting, and at that time Mr. Gagner did ask for a continuance because he found some information on topography supplied by his engineers was slightly in error. He has resubmitted the plat which is for 3 lots. Enger noted City Engineer Jullie has written a brief engineering report on the project and the engineering department has been in communication with the proponent regarding actual depth of sewer service to the lots, etc. Mr. Gagner spoke to his proposal and answered questions of Council members. Gagner commented there was some question on the previous drawing as to where the sewer would cane out so he turned it over to his engineers, Schoen & Madsen, and they worked it out with Mr. Jullie. Enger noted this item was reviewed at the March 12th Planning Commission meeting and was recommended to the Council for approval on a 7 - 0 vote as outlined in minutes. Enger also spoke to the engineering staff recommendations as outlined in the June 29th memo. Dwight Harvey, 16190 Alpine Way, explained he was at the Parks, Recreation & Natural Resources Conmission meeting and the Planning Commission meeting where this item was considered. Mr. Harvey stated it was his understanding that lot 2 was going to be extremely difficult to engineer for a lateral connection to the sewer and the cost was more serious than in the preliminary engineering. Mr. Schurman, Engineering Assistant, replied to Mr. Harvey's concern pointing out the topography on the original plan was wrong so Mr. Gagner was requested to go back to his engineer and get the topography corrected. Schurman explained he checked with the proponent's engineer this morning to see if the topography was taken from the field or the proposed grade that had been submitted to the City back in the 1960's. Mr. Gagner's engineer did confirm it was taken from the field. The original plan showed the sanitary sewer approximately another 80 feet to the east, which would not have been possible, now they have moved the sanitary sewer manhole further to the west which is possible. Mr. Prodoehl, City employee with the Street Department, explained the road does drop off real fast after 100 feet and that on a regular dead end there is no problem with the snow, but going down steep slopes might be a problem. Mr. Harvey questioned the setback requirements. Enger responded there is an adequate building pad area to meet all the setbacks. MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 79-63, approving the preliminary plat of 3 lots for Alpine Estates 2nd Addition by Timothy Gagner, subject to the requirements which includes the changing of the road fran 16 feet to 28 feet and that the sewer line be either insulated or meet•the minimum requirements. Motion carried unanimously. Council Minutes - 5 - Tues.,July 3, 1979 C. Discussion on signalization and channelization at County Road 1 and Trunk Highway 169 (Herb Klossner and Bill Crawford) Mayor Penzel acknowledged the presense of Bill Crawford, Mn/DOT, and Herb Klossner, Hennepin County Highway Department. Bill Crawford, District 5 State Highway Department, appeared before the Council and apologized for the confusion at the last Council meeting. Crawford introduced Dennis Eller, Assistant Traffic Engineer, who is also familiar with the Highway #I69 situation, and spoke to one of the Council's prime concern on why the project keeps sliding back in its timetable. Crawford referred to a chronological list of what has happened, one being the inability to get the necessary right-of-way in a timely fashion. The failure of an office in the State of Minnesota to proceed with legal checking of titles has also caused about a year's delay. The projects are now programmed for August of 1980 and they are trying to keep the two tied together (County Road 1/Hwy. 169 and Highway 169/Vo-Tech entrance), so when they let bids they hope for a better price. Penzel stated there have been a number of traffic accidents at both County Road 1 and the Vo-Tech entrance and the City has been very concerned about both • situations since they are of long standing. The City has had cooperative agreements with Mn/DOT in the manner of providing assistance in clearing some of these matters up, i.e., the engineering concerns that existed on Highway 5 and West 78th Street. Penzel questioned if it would be possible to somehow add additional help to the City that would get the City onto a more rapid schedule. The City has had a lot of pressure from its citizens and it seems through some cooperative agreement we might be able to hasten this whole process, if only through the use of temporary signals. Crawford replied it is possible to enter into an agreement; however, doesn't know if it will help at this time. The plans are 80 - 85% completed but are tied up in acquisition of right-of-way. Osterholt requested Mr. Crawford to comment on temporary signals. Crawford read from a report prepared by Dennis Eller on the pros and cons of temporary signals and stressed signals don't do the job without channelization. Crawford anticipated that the signals at Vo-Tech even with channelization will increase the accidents because of rear end collisions, commenting that County Road 1 is much more accident prone than the Vo-Tech entrance. Dennis Eller explained it would probably take a minumum of 7 - 12 months for temporary signals to be installed at either location. Osterhoit asked what if the City provided the money for temporary signals, and Ulstad questioned if the State granted the City approval where does the liability li'e? Crawford replied he could not answer these questions at this time. Mr. Klossner commented that his staff feels a temporary signal at County Road 1 and Highway 169 without channelization will probably make that intersection worse, and that he has a serious problem with the liability question. Council directed City Attorney Pauly, Bill Crawford, Herb Klossner and Mr. Ulstad to look at the possibility of the installation of temporary signals by the City at County Road 1 and Highway 169 and Highway 169 and the Vo-Tech entrance, hopefully to be back by the July 17th Council meeting with the best possible solution. Further that this be recognized as a temporary situation as the City is still looking very hard and intently at getting the permanent improvements made in 1980. : , ; • • • Council Minutes - 6 - Tues.,July 3, 1979 VII. ORDINANCES & RESOLUTIONS A. st Reading of Ordinance No. 79-15, establishinga Code of Ethics for Officials of the City of Eden Prairie (continued from June 5, 1979) City Attorney Pauly spoke to the revised ordinance as submitted for Council consideration. Osterholt distributed and read from a resolution he drafted for Council consideration, and suggested the Council might consider the adoption of such a resolution rather than an ordinance. Osterholt felt the ordinance as drafted will tell the public nothing as written, and the resolution as written would more fully disclose a person's interest within the community and the public • is entitled to that type of disclosure. Councilwoman Pauly felt both an ordinance and resolution could be used. Can • see the rationale for the ordinance because of the public's right to know and the general suspicion that the public holds for people in elected office, • and perhaps the ordinance would answer this in the best way rather than a voluntary resolution. The resolution goes quite a bit further on a voluntary basis and the points on the campaign, etc., are important, but because they are voluntary might possibly lend itself to a little bit of cynicism perhaps among • the public. Penzel stated he would have no aversion to including in the ordinance the points that are made by the resolution, but does have a strong concern that while the resolution is a nice document it is also a very idealistic one whereby it does•not have any binding power of any sort. MOTION: Osterholt moved, seconded by Edstrom, to continue consideration of the Ordinance and Resolution to the meeting of July 17th, requesting City Attorney Pauly to draft an updated version including the willful clause, and also to redraft the resolution as submitted in the form of a standard resolution including any other points the Council may have. 'Motion carried unanimously. 8. 2nd Reading of Ordinance No. 79-20, relating to the regulation of swimming pools (continued from June 5, 1979) City Manager Ulstad explained all swimming pool owners have been notified of this ordinance and only two calls have been received, neither of which were in opposition to the adoption of same. MOTION: Osterholt moved, seconded by Edstrom, to approve the 2nd Reading of Ordinance No. 79-20, relating to the regulation of swimming pools. Motion carried unanimously. • C. Resolution No. 79-128, authorizing the sale of property to MIS Finance Director Frane spoke to Resolution No. 79-128 and answered questions of Council menbers. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 79-128, authorizing sale of property to MTS. Roll Call Vote: Osterholt, Pauly, Edstrom and Penzel voted "aye". Motion carried unanimously. D. 2nd Reading of Ordinance No. 79-12, rezoning from Rural & I-5 to Office and Commercial Regional Service for Hartford Real Estate Company, and developer's agreement • City Manager Ulstad explained there was one paragraph in the developer's agree- . Council Minutes - 7 - Tues.,July 3, 1979 D. 2nd Reading of Ordinance No, 79-12, Hartford Real Estate Company (continued) ment that we were to adegree hung up on. This came about at our discussions with the Hartford group in preliminary stages, and all the way up through the Planning Commission and the Parks, Recreation & Natural Resources Commission presentation and at the Council Public Hearing. We continually talked about Anderson Lakes and the control of water quality. We didn't have any suggested guidelines that we could address all the way through and continually refer to the developer's agreement as including something which would pin this down specifically. We reached that point and didn't know how to word it. Our City Attorney has been visiting with Hartford's attorney on this and he does not know if they have accomplished the necessary language. Ulstad further commented this is the only part of the agreement where full agreement has not been reached. After visiting with Mr. Enger and Mr. Pauly, the agreement sent to the Council is probably as much as we can place the responsibility on Hartford. _. City Attorney Pauly stated the comments contained in his memo, with the exception of what Mr. Ulstad just discussed, that the other matters have been accomplished to his satisfaction, Pauly did have some concern about the imposition of the responsibility and the obligation on subsequent owners and has consulted with a title lawyer on that matter, Prior to writing the memo Pauly did have some discussion with Mr. Moody of Hartford and they have agreed to include some additional language to be inserted in paragraph 17, i.e., "and would be enforceable by the City". Pauly explained in further discussion with title counsel he feels that with that addition he is satisfied we would have something that would be enforceable against subsequent owners. The examiner of titles has indicated he would accept this agreement or a memorandum of this agreement for filing so those concerns are satisfied. One other change that Pauly had suggested to fir. Mooty this afternoon was in para. 15 where there is a reference to the filing of substance in certain paragraphs, and we have asked that he add para. 7 and 17 to those which already appear, and Mr. Mooty has indicated that would be no problem, Mr. Sparicio, Hartford Real Estate Company, stated they are in essence in agreement with the City as to the developer's agreement. MOTION: Osterholt moved, seconded by Edstrom, to approve the 2nd Reading of Ordinance No. 79-12, rezoning from Rural & I-5 to Office and Commercial Regional Service for Hartford Real Estate Company. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to approve the developer's agreement as amended. Motion carried unanimously. E. 2nd Reading of Ordinance No. 79-16, rezoning 12 acres from Rural to R1-13.5 for Neill Woods by The Preserve and developer's agreement Lee Johnson The Preserve, appeared before the Council and referred to item 3 in the developer's agreement, requesting the Council as an interim situation delete the requirement as The Preserve can't get occupancy until all roads are completed. Johnson stated The Preserve can put in Preserve Boulevard but has no control over Anderson Lakes Parkway or Homeward Hills Road. Penzel commented the same requirement has been made of the other developers involved. the one south of Neill Woods and the developer to the north of Neill Woods, so the City is not imposing an undue unusual burden on The Preserve, The Counc'1 is more concerned that people will be able to get in and out of those subdivisions safely by more than one access. Council Minutes - 8 - Tues.,,iuly 3, 1979 E. 2nd Reading of Ordinance No, 79-161 Neill Woods (continued) l MOTION: Osterholt moved, seconded by Edstrom, to approve the 2nd Reading of Ordinance No. 79-16, rezoning 12 acres from Rural to R1-13.5 for Neill Woods by The Preserve. Motion carried unanimously, MOTION: Osterholt moved, seconded by Penzel, to approve the developer's agreement for Neill Woods by The Preserve, Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. APoointment of one member to the Parks, Recreation & Natural Resources Commission to fill an unexpired teen to 2/28/82 Penzel recommended the appointment of Larry Van Meter to fill the unexpired teen on the Parks, Recreation & Natural Resources Commission to 2/28/82. MOTION: Osterholt moved, seconded by Edstrom, to appoint Larry Van Meter to fill the unexpired term on the Parks, Recreation & Natural Resources Comnission to 2/28/82. Motion carried unanimously.. Other reports of Council members: 1. Councilman Osterholt requested an up-to-date report on the Tree Disease Program by the July 17th Council meeting. 2. Councilwoman Pauly explained the Highway #212 Task Force would like to have an interim report before the Council and suggested the 2nd meeting in August. Council members agreed with this request. 3. Mayor Penzel spoke to a communication from W. J. McKay of the Minnetonka Schools which pertains to hearings they will have.before the Minnetonka • School Board on school closings. Anyone interested may have the report which will be in Mr. Ulstad's office. B. Report of City Manager 1. Consideration of two emergency sirens Ulstad requested the Council consider a budget adjustment of $4,000 to be transferred from the Unappropriated Surplus to the Civil Defense portion of our General Fund Budget, and also that the Council set a date of August 2nd to receive bids and present them to the Council on August 7th for considering of awarding bids. MOTION: Osterholt moved, seconded by Penzel, to approve the request as outlined by Mr. Ulstad. Roll Call Vote: Osterholt, Penzel, Edstrom and Pauly voted "aye". Motion carried unanimously. C. Report of City Attorney No report. • • Council Minutes - 9 - Tues.,July 3, 1979 0, Report of Director of Community Services 1. Request for drill and demolition by the Fire Department on the house at 8698 County Road 18 Director of Community Services Lambert spoke to memo from Stuart Fox, City Forester, recommending that the house be used for drill and demolition purposes by the Eden Prairie Fire Department. MOTION: Pauly moved, seconded by Osterholt, to authorize staff to use the house at 8698 County Road 18 for drill and demolition by the Fire Department. Motion carried unanimously, • 2. MAC/hiking trail easement in Staring Lake Park • Director of Community Services Lambert spoke to his memo dated June 29, 1979, recommending the Council consider approval subject to the conditions outlined in the letter dated June 14, 1979 from the Metropolitan Airports Commission. • MOTION: Edstrom moved, seconded by Pauly, to approve the MAC/hiking trail easement in Staring Lake Park as per staff recommendations. Motion carried unanimously. 3. Vo-Tech Lease/Stables Director of Community Services Lambert spoke to his memo dated June 28, 1979 outlining the changes requested by the Vo-Tech to the lease for the stables. Staff is agreement with the changes as outlined and recommends the Council consider approval of the revised lease. MOTION: Osterholt moved, seconded by Pauly, to approve the lease with Vo-Tech for the stables as amended. Motion carried unanimously. 4. Petition Prairie East Trail • Director of Community Services Lambert spoke to his memo dated June 28, 1979 reconmending that the Council consider authorizing the City to clean up the outlot, grade and seed Outlots A and 8, and plant shrubbery on the corners and approximately every fifty feet along the boundaries so the corridor is • identifiable for those that wish to use this corridor as a public walkway Petition attached as part of minutes from residents opposed to the trail. MOTION: Osterholt moved, seconded by Penzel, to request Staff to go back and review what has happened as to the commitment for the trail, and report back to the Council on July 17, 1979. Motion carried unanimously. 5. Request for appraisal of Parcel 1 = Bryant Lake Park Director of Community Services Lambert spoke to his memo dated June 28, 1979, recommending the Council authorize staff to secure an appraisal on Parcel 1, Bryant Lake Park, after which negotiations for acquisition of this parcel • should begin. Council directed staff to go back and ask Metram Properties what they will sell the land for. ?l;y3 Council'3flvwtes • - 10 - Tues.,July 3, 1979 Y ' E. Report of Finance Director 1. Request for a Public Hearing for MICB's in the amount of 6660,000.00 Big G Imports Company/Galarneault for August 21, 197:# MOTION: Osterholt moved, seconded by Pauly, to set August 21, 1979 as the date for the Public Hearing for consideration of 74IDB's in the amount of $650,000,000 by Big G Imports Company/Galarneault. Motion carried unanimously. 2. Payment of Claims Nos. 4721 - 4871 MOTIONe Osterholt moved, seconded by Edstrom, to approve Payment of Claims Nos. 4721 - 4671. Roll Call Vote: Osterholt, Edstrom and Penzel voted "aye", Pauly "abstained". Motion carried. -. . • • "`. ..11Elf,BUSINESS • Business". • ; 1OURN1ENT • r T,ON. Osterholt moved, seconded by Penzel, to adjourn the Council meeting at 4O1 PM, Motion carried unanimously. • • • • 01 TIIIS IS A PETITION FROM THOSE PEOPLE WHO DO NOT WANT A TRAIL CORRino • PATHWAY CONSI,STING OF OUTLOTS A AND R, AS WAS PROPOSER RY TIlE CITY OF ( EDEN PRAIRIE. REASONS: 1) NO NEED .... 2) DANGEROUS (ENDING 11P IN THE STREETS) 3) IT'Ll. RUIN THE 5wAIL TIMAT'S IN NOW FOR NFFDFR . DRAINAGE OF EXCESS PAIN VATFR 4) WOOD CHIP TRAIL 1•''ON'T LAST S) ADJOINING 1'O"FOM('FRS DON'T WANT IT 6) PATHWAY PLAN ALREADY IN PROGRESS IS FINE ifil4 f A 0,1., tif/ti 19 I,..,tt ,I, fr ''..i...i/..?ci..,...,...1,A.,E fi.,,,),:;...: l'A ,r `' 7'0'' ,.�.c car goo?.r.a/oe/ e£v?is✓�,g k_ (,,,, pv 76.3(-7441a ./0_,,sc ,,,, 4, IG� 11 couaveraNT L>J twas beNcccootov r-• •5445 JIGP...eo' ki40s01 274r4/0%.a44✓ A ! .4.!` /';/!°V/:•/> '('L`//07- ,1,/' /rl;a �%1///°ice 1:�:/,� . - ../ (.•;"?:*e(I;"• — , c..._..--r----- MI" 1,54c....44.4.e Tet."--:—'---- ,44; 7 . fit.' 1l1 . 1 . 6's- ?I 5 o t i-rat s /t/Y..AS ev j/ ,rod 5,P.•:t6..LP.e. 711-, d' 0.�� G 974 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST F '• August 7, 1979 CONTRACTOR (Multi-family & Comm.) CIGARETTES & TOBACCO ir . Hayek Construction Co. The Coffee Mill, Inc. Renard, Inc. PCI.Construction LTD FOOD ESTABLISHMENT - Type A Shaw-Lundquist Associates, Inc. J. B. Swedenborg Construction, Inc. Egg Roll House W. F. AL Enterprises The Great Hamburger Experience CONTRACTOR (1 & 2 Family) FOOD ESTABLISHMENT - Type C • Findell Cement, Inc. Baskin Robbins Ice Cream Store Golden Rule Builder Goodwin Builders, Inc. SNACK BAR Pioneer Builders, Inc. 11 likely Construction Co. Pennys Super Market Raters & Associates Woodsmen Construction, Inc. VENDING MACHINES PLUMBING The toffee Mill John Adelmann Plumbing Bolder Plumbing & Heating HEATING & VENTILATING Neill's Plumbing, Heating & Air Cond. Ryan Air Conditioning, Inc. TEMPORARY BEER LICENSE Lion's Club - Corn Feed - Aug. 18 These licenses have been approved by the department head responsible for the licensed activity. Rebecca Quernemoen, Licensing Clerk r • • August 7, 1979 I:' CITY OF EDEN PRAIRIE 1� HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-147 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-311 • WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc,, has prepared plans and specifications for the following improvement, to wit, • I.C. 51-311, Temporary traffic signals on T.H. 169 @ Co. Rd. 1 A Vo-''ech entrance _ 7 • and has Presented such plans and specifications to the Council for approval: NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY lF•EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is arched hereto and made a part hereof, ate hereby approved. ; 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such impr*Yt under such approved plans and specifications. The adver- ticenpnt shall be published for 2 weeks, shall Specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Monday, August 20, 1979, and con- _. sidered by the Council at 7:30 o'clock P.M. on Tuesday, • August 21, 1979, in the Council Chambers of the City Hall, and that no bids will be considered unless-sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. • Wolfgang H. Penzel, Mayor • ATTEST: SEAL • 3©hn D. Frane, Clem B i 1 • . August 7, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-148 --. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ROVER- TISkmtal FOR BIDS (I.C. 51-343) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the followign improvement, to wit, I.C. 51-343, Utility and street improvements .,, in Chatham Wood _ • and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby oPPrOved. 2. The City Clerk shall prepare and cause to be inserted in the 0 official paper and in the Construction Bulletin an adver- tisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clockA.M. on Thursday, August 30, 1979, and considered by the Council at 7:30 o'clock P.M. on Tuesday. September 4, 1979, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accom- panied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on • • Wolfgang H. Penzel. Mayor • ATTEST: SEAL • John D. Frane, Clerk qs • • • • • 1221 East 4th Avenue Box 251 Shakopee, MN 55379 July 25, 1979 mated, City Manager ;``w City of Eden Prairie D Eden Prairie Road • :Eden Prairie, MN 55344 Derix Mr. Ulsted: , ould like to request a public hearing at the next council meeting on the proposal of the platting of LeParc. 'The proposed plat has been approved by the planning • commission. • Thank you- Respecttul7.y, '. �.l J.C. Kohlrusch 9: . JCK/ktk • . ' 'C� DE L PI! NT 1NNC �1' 1 7SZ4 L inccriri Drive•Edina,Minnesota 5$9 6.81�-�-8883 ,,,,....:,,,,:...,.'.:, 2a9 ' o , e Roa • d�r� urta5341a a . ire #bat the pnb]i o hearing on �Sreii tta y r eion Of tchea] Heights P.II.A. R3 , pe on of attached housing on appr SmsteT�r 1�screw 'lea d 1, 79 couneil meeting. • trt*Sy Yours, ,,,,,Z.6. 7 tang • A. tiil i.t of T welopment and Marke co ea ant Incorporated G • . r Professional Reel t to SPECIFIC PLAN REQUIREMENTS 1. Ownership - Said property purchased from Thomas and Judith Miller by Peter J. and Alice B. Shea in 1977, Abstract Title. 2. Developer - Peter and Alice Shea, short term involvement in order to divide one lot into 2 single family lots. 3. Development Method - Sell single family lot, Parcel B. Parcel A has construction on premises. 4. Identify Boundaries - conditions - West side borders State Hwy 101; North side by single family home; Last Side has single family residence; South Side fronts Lotus View Drive. 5. Identify Project Area I Shea Rezoning,tParcel.A to measure 146 X 171 ft. totalling 24,966 sg. ft. Parcel to measure 14 ft. X 123 ft. equalling 17,958. Both parcels are subject to road easements and utility easements. See Legal Survey enclosed. 6. Regional Relationship - Lotus View Drive has utilities and construction has begun to pave said road. Maple Leaf Acres is being developed on the south side of Lotus View Drive to single family housing. Peter J. and Alice B. Shea dedicated land to . City of Eden Prairie in order to have city road. 7. Existing Land Use and Occupancy - At present time this is one parcel with family residence. 8. Existing Transportation - Parcel A fronts Hwy 101, W. 192nd Ave. Parcel B fronts Lotus View Drive an auto Cul-de-sac. 9. Existing Zonings - North side of Lotus View is zoned Rural. South side of said road is R 1-13-5. 10. City Guide Plan Framework - Single Family residence. 11. Critical Public Descesions - Public roads exist for two separate parcels. Utilities exist for Parcel B. Parcel A has city utilities in use. 12. Additional General Project Information - At July 6, 1978 City Council Meeting the City Council accepted conditions for•Peter J. Shea and ?.fled B. Shea to dedicate 5840 sq. ft. of land to construct city road of Lotus View Drive. In accepting this land, the council agreed to road and drainage assessments for a tat site shown as Parcel B. SITE AREA ANALYSIS • 1. Development Objections - Divide existing parcel into two single family home sites by September 15, 1979. 2. Site Plan - See Map 1. 3. Grading - See illustration A. 4. Utility Plan - See illustration B. 5. Zoning Classification - Zoning to be changed from Rural to RI - 13.5. No variances seen necessary. • title Two: k 6. Phasing earl Construction - Parcel A has residence at present time, Parcel B to be d,by Septesber 15, 1979 at which time construction to be started by new owners, at S. and KCathlyn M. Vilendrer. 1ible/nal ot r mation - See survey with new Legal Description for both Parcels . '8, , • • _y is r:'.. . .... .„ ,.. .. ,. .. ..,, . . ... .. .. ,rl 4 1 y I..7 .tF..i<.pi..4... .. 1.. �.. m In SO • z A . .. a L • M0d»R ogesMCMWOI.ee4:N ff r iSPS.WaA,n$'. NasX X* . �' w ' wo IEt !L} 1: a II. eft .j y�.T W t.. St OY.tY 1:0• iDA zo� . ... gle.b . .. �0 . .. x 202. S#fit • r AA wd a vu, w4Z C' 1 u.emu.A AJ:IO.t • $ iv,MfGno$A AO O OA terra 67 WA M UAAAAMA10*r'r 1°f*I'it.li 4?7,...:in rn3.331 n01 xt, 60,RI• ARE A IpIt,'aaa0fl y}gp•YW V rg �� ~ `A~ !� ry Ar .. .w• • x � I *i .. ..MtWa•'M M' • a • - . • • ... a.. .� l • • • • • • • • • • • . -77 "LL u571?"1-T/o., . ,, • GM.4►',• .ems• (/''' I • • WM •f1çT �J a=• � - .Wa— un •Y Na IY••x••N•M (�•/.}•N.N•M•✓••`. • • • • d • ' i a • '• , •• . .. • • • . • ..• ♦ ...♦.. • 4 z k % . •- • s-ss. `. I II- ;\ Irt. • . • 17:. ^ ays-arvn, 1111 Ilti y -- ° v' / 'r r � / �.ww - • jfililli I — 0.� 4 .,se w. 1111111 W fi __TAWS M 14 • ri _= z� 11I aI & V� 11. 1 \:). ilillild . II ; _ .0 LfriIiEit 1 } • 2 WI !II i . i a :2P pt -S illiir:t i) DUI } { ► b 46;r:r, 7\iit., I: . i_.2i, .:.11.11,111 ,r, ..t 1 , ta .. i _c)_....- !ffitiiii hill, 1 !--1 ,,-Iii 4 111 11 h."Iiiiiii1 � rt . -. 1 ....,,. . F11111111 . l '';d I 4.1 - 'Hu . r o 1 ;16'5 11111111111111TI --9l.bs - ' i r IV • Y I --�*i-- �I - ;' ;, i R } • • 1. I 4 « • r Q t. O � u +� .. `., « • . w s t wa 0. ri 111 •!-': 1\4 ,..„... • • - tit f 3 ..- I N . .1, is e•- oc *it `J 41 c•szf.O«Mj 4s_ i Q ... • CI. i-1 I II • 1+ Si A._ _-lit,-- ,• =cam 1. :oo•8bz 9UOI ass J°tsJ i M-� ��. • • ,approved Planning Commission Minutes - 3 - July 9, 1979 CO44TSSI(m MEMBERS ABSENT: Liz Retterath B. SUNSET CREST. . .public hearing. (continued) • MOTION: Torjesen moved to recommend to the City Council rezoning from Rural to R1-13.5 for Sunset Crest as per the plan dated June 18, 1979 and the staff report of July 3, 1979. Gartner seconded, motion carried 6-0. MOTION: Torjesen moved to recommend to the City Council approval of the preliminary plat of 3 lots for Sunset Crest as per the plat dated June 18, 1979. and the staff report of July 3, 1979. Gartner seconded, motion carried 6-0. C, - REZONING, request to rezone .8 acres from Rural-to R1-13.5-.for . �istfng house and 1 additional building lot, Located at 6991 West 192nd Ave. A public meeting. The Planner briefly discussed the proposal and referred to the Engineering lay- ' °tit for improvement of this area. Mts. Alice Shea, 6991 192nd Ave., explained that the plan was legally surveyed ' and the plan reflected the recommendations of•the surveyor. She also noted dedication for road right-of-way, which they are in agreement with. • NOTION: Levitt moved to recommend approval of rezoning to the City Council from Rural to R1-13.5 for 2 lots as per the material dated July 9, 1979 amd the staff report of July 2, 1979. Bentley seconded, motion carried 6-0. p. RAUENHORST OPUS II OFFICE CENTER, request to amend the Opus II PUD 74-06 for expansion of American Family Insurance Building, Located NW • quadrant of Co. Rd. 62 and C.S.A.H. 18. A public hearing. Mr. Bob Worthington, Rauenhorst Corporation, presented the.background on the original PUD proposal, and explained the changes they are proposing - concept plan revision to show addition of two separate expansion programs for the existing American Family Insurance Headquarters Building. The Planner expressed the concerns of the Planning staff: setback require- ment problems if the existing property lines remain; the amount of mature vegetation on the site; and the need for more detailed information on the landscaping plan and circulation of traffic. •!orthington answered questions on siting of the buildings and tentative location of parking areas. • The Planner requested general comments from the Commission on the changes made in the original PUD, as these comments will affect the final plan. Bearman suggested this may the proper time for the proponent to look into the possibility of use of a parking ramp, rather than grading out more trees and vegetation. Worthington responded that this is a possibility, and they will i STAFF REPORT TO: Planning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Planning Director DATE: July 2, 1979 ti PROJECT: SHEA REZONING APPLICANT: MR. & MRS. SHEA REQUEST: 1. Rezoning from Rural to R1-13.5 for .985acres 2. Administrative Subdivision for 2 lots • . • BACKGROUND The Shea home presently exists on .88 acres (146'x294') at 6991 192nd Avenue. In 1976 sewer and water were placed along Lotus View Drive and Shea's ..88 acres was stubbed and assessed for two connections. • Presently Shea's are connected to City sewer and water. Their request is to receive proper zoning in order to sell the back portion of the lot for an additional single family building site. Division of the parcel into 2 lots ( 17,958 & 24,966 Aquare feet in size) is being processed through an administrative land division as no variances are needed and it is a simple lot division. LOCATION MAP f • , 1 4 l 7OPEN SPA . . :' s " `._ r , 14T ; ... ' PUB � SOOs . ri, • .. . -.:417; . ... j ,---,- ../4" , IC""i: 1:2,4,:. ,";;;Lotus 1iep nr %/ i till C .. ~ �tiP ►j SITE1.avikmarip-AAR:77-29 -3.3 " 0 • • Staff Report-Shea Rezoning -2- July 2, 1979 • ORDINANCE REQUIREMENTS: R1-13.5 District 13,500 square ft lot size minimum front yard setback 30 ft 90 feet minimum lot width side yard setbacks 10(25 ft total both sides 100 feet minimum lot depth rear 20 ft Subd. 2.2,c) Where 40% or more of a block is developed, the required setback shall be equal to the average existing setback. The lot sizes as depicted in the application material (17,000+ and 24,000+9 exceed the minimum lot size requirement; and meet minimum width and depth requirements. The Shea home meets the required setbacks. The new home to be built upon the created lot will have to meet the average front yard setback of the block as outlined in Subd. 2.2 c above. :TRANSPORTATION: Access The Shea home has access to TH 101. The lot to be created will access to 1ot04 View Drive. As the total right-of-way for Lotus View Drive has not been • recorded, zoning or land division should be contingent upon sufficient right- af-way being dedicated for Lotus View Drive. CASH PARK FEE At time of building permit application, the new lot will be required to pay $325 as per the Cash Park Fee Ordinance . • . FINDfiNGS AND CONCLUSIONS The-rezoning to R1-13.5 and subsequent administrative land division is in • accordance with City Guide Plan Land Use and will utilize the existing • sewer and water improvements within the street.. Both lots will meet requirements of the R1-13.5 District. • RECOMMENDATION The Planning Staff would recommend approval of the Shea rezoning of .98 acres from Rural to R1-13.5 contingent upon the following: 1. An administrative land division be approved through the City Engineering Department. 101 2. The division and building meet Ordinance 135 requirements. • 3. New home to be constructed shall pay cash park fee at time of building.permit issuance. 4. Final plat shall depict right-of-way required by City Engineering Department for Lotus View Drive. .n{. •{• 'ffa r .,Eden Prairie,City Council �" , C3tp Sall �►'` raft= ;8950.Eden Prairie road Eden Prairie, 1C 55344 ? �•f, + < 49 i { • f t •i 4 ; ; Application,for � w [� , k •� ( Land Development"; i °' • " ; Our Pile: M76-475 '' • . Enclosed please find for consideration, the Land,Development ,..' ......:Application,of Audrey L. Buss for platting Sunset Crest. r{"f_ ;The land to be platted is located at 18810 Lotus View Drive, Eden Prairie, Minnesota. Accompanying the Application is ;: • 'a draft in the sum of $228 as and for the Application fee. 5 e $ 1 ;To assist the Council in the consideration of the Applica- rtion, a brief.hisbory of Audrey's ownership in the land 'might be useful. •� ! Audreey.purchased the property in 1976. At the time of • ,,;. purchase, it contained 1.36 acres and was:cpned rural. Subsequent to her acquisition of the.property, the area ' trundertook extensive changes and development. The develop- 'ment:of the Maple Leaf Acres Addition by'Jarpin Corporation, and Loren. Irvine served to change the entire natnre and character of the area. With the development of Maple Leaf .•.':: %'T.'`. t , y ;'�.' Acres 3rd Addition and Maple Leaf Acres 5th Addition, two • r streets were included on the plat. Tartan Curve was de-` :'1;Y. dicated in the Maple Leaf Acres Addition and Lotus View : ;; • Drive was dedicated in the Maple Leaf Acres 4th Addition.: • : ` • •••r .The dedication of Tartan Curve affected the east 30 feet .' .. ` r ; • of the Buss property. A cul de sac for Lotus View Drive ; . # • • ..,•,. also affected the southeast portion of her property. y r, •,.,t‘, • At the time of the Irvine development, the City Council did do a re-evaluation of the special assessments affecting :the property in the area. The Buss property was included • • 4 '. ( • • Prairie City Count... »a. - 7. that assessment. It was detezeined that the Buss p e Y , would be assessed:for two additional lots on these �br ii,r s sandal assessments... Attached.to this Once spdoden ce is,a r a r of• Lotus view'Driva feasibility study da.taad,lT la !` • y� lt7 shoeing.ag.th e; three proposed lots. . ,, .fr 7`�` *�� wits•the,'plan of ddwe 'as 'if p c !T C� and;in accordance:with the.I.aaa'h4 a t1a�.shy r t u e 'v_� d '%'"•. puss a sakes.hefr',ppplication.tO•. s..'.. ..''"�1•Y EstM r^ AL, ''approaal Of the plat.of;Sanest. Crest.':i as .-r P ti r ion,•-request is-Made for tet�h !f ' J'` 4.",� "A rural.,to*'Ingle la1y' arldttial..'.: e. • i y�, y sae.Wired four'Tartan of d tot**flew Dfi - ', �! bs dedicatof to•the pabl'ia2:inr.•mo aanlcst withthe { r a ! �te ;Attached.to this c errespa ndenasar it a .�if om. t . w ! p t"' •lisp a�.teat ACTS*ith Additlou:and,. le Lea! s , . itiom. • This shows the d*Ve t.. 'r, latic ":'' . property:- 'to Venn Of•+D tiers 4t a aim p 1"". _ ppaau .plat.. as:c/++tMlned •i*•the tract aided# ,-Ilemepi a County Government Center., is,also i ciuded. , -. consideration to the Application is >bgr � gated. is further SY 4O+'�t.nn that is t.. -..tiontact the undersigned. r ,5 BABR. 'i• • t p a ']tutlOauraae y 1 i ♦M.._1r I -l. .ea Carl,Jatvelg► ��,,,�6y. � Audrey-Buss y p t yp i'.1.Pa"'[, r - + • r :rJfy dY, k `.t W 1 . .' e s ypSa a , _ 21-11 .. ....._ .... _., ,.a, . .. i fi. • tr• 2444.^• i ti I '-1413• N Il4/ •Z.y y 'J 40 •.193- • J*H8934z3E3838d _. 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I • • i . t (4440) (4424) p ST;( 2: . • '4 ' I ": .442s) 1Y- -, 1 -- i ,11 i • ....ir •...;..;:2- . , U1'1 ' ,t4: ) ® 0 ® ®10, '460)1 f1 I. i IS .„. FEW DR. ra, _. cri L , .... . , ....._ „,,.... . ........ ... . ,..... , . ., ..,..2___.1..---° 1 . 4 I '4....!— --v.' ,.. ,. , 140 11 ® 1 1 10 et 1 0 i ra‘ \.01 ...1-----Jo, - r---t-- .'.:-.•• • . 14 1 14114 \ ... .---/,__ _ \ - ADD- : kr--/ ,\''" \ • 1 1 . ..7.. ,.1..A.r.-.-t- ‘ i 11. .....--k---- ' 'C, / ! 1 1 1, \ \(4000)\ • I; L 128-i-—--- ` 5 7" ‘‘ •H . / 1 1 I , . , ‘ .....),..-- • ........... :••::.4.,::- - ., e\-../ ( I.1..,•'''. ,,,......." ' PROPIEQ. SAN. SEVVE' --- — • ,1 . 1 1 1 I I f ,)'•-r PROPO.ED WATERMAIN 1400.1 • i ..,. t /- I i I-:1 / csi .1( • , t t?..1 t i t vit . -.-.: , .. , LEGEND . • II :. .. , o---<$10-- PROPOSED STORM SEWER . CITY OF • -0-4—C)- EXIST SANITARY SEWER . EDEN PRAIRIE AL-I- EXIST. WATERMAIN 7...71.,-!:;.'• LOTUS VIEW DRIVE 0•••• ••• PROPOSED SAN. SEWER ., FEASIBILITY STUDY ' ::-.7::::,• -1-* 1-- PROPOSED WATERMAIN IMP CONTRACT NO.31-321 . 0 PROPERTIES PETITION STREET a UTILITY IMPROMIENT,' . FOR PROJECT 200' ' ' - • PROJECT BOUNDARY J-------4 1113 .... .,_ _:,..... ,.., ,,,'„,,,,,„_:.‘,t..,.....,...„.......,._.,:„...., ,‘-.• • ,.. ,•., . ... .... :...•::::.. .., :::,..,•,••-... :...i...---•:T,21.:::.,....:-.,:.;'::-...?-7,...-:,:iY•,,,,-....:,..--, • 4 1 • • STAFF REPORT TO: Planning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Planning Director DATE: July 3, 1979 PROJECT: SUNSET CREST -APPLICANT: Audrey L . Buss REQUEST: 1. rezoning from Rural to R1-13.5 for 1.36 acres • 2. preliminary plat approval of 3 lots • LOCATION: 7611 Meadow Lane 1.36 acres north of Lotus View Drive BACKGROUND Buss's existing home is located on 1.36 acres at 7611 Meadow Lane. The lot is approximately 170feet x 351 feet and is zoned Rural. `' , Concurrent with the Irvine's Maple Leaf Acres development, the Buss's property was reevaluated as to special assessments and was assessed for 2 additional developable single family lots besides the existing home. Mrs. Buss is requesting division of the 1.36 acre parcel into 3 lots and rezoning from Rural to R1-13.5 for the following size lots: Lot 1 14,548 square feet Lot 2 (existing home) 22,943 " " Lot 3 14,666 " LOCATION MAP - MULTI FAINT IL ` _ -OPEN *SPA 147 • s,*• O • , 4.: kk.J 11q :SITE•..� 77-28 • • Staff Report-Sunset Crest -2- July 3, 1979 Vegetation Besides the trees indicated•on the preliminary plat,there are small maples along the eastern lot line of Lot 1 and large Willows, elm, and other species on Lot 3. If care is taken during construction, no trees will have to be removed or will be damaged as they do not occur within the center of the lots. ORDINANCE REQUIRE1ENTS:R1-13.5 District 145500 square ft lot size minimum front yard setback 30 ft 90 feet minimum lot width side yard setback 10(25 ft both .100r feet minimum lot depth rear yard setback 20 ft•-_..$ids 5nb11.2.2,0 where 40% or more of'a block is developed , the required setback shall be equal to the average existing setbacks. 'The lot sizes as depicted on the preliminary plat meet the minimum lot size; - ,and the lot configurations will allow for placement of homes in conformance •. With setbacks. Lots 1 and 2 have 45 feet frontage on Lotus View Drive's cul-de-gac. A though additional footage is preferred on cul-de-sacs , the parcel is landlocked and redesign of the lots would require variances. TRANSPORTATION: Access Lot..1 end Lot 2(existing home) have access to Lotus View Drive. Lot 3 has 169 feet of frontage and access to Tartan Curve. The City has received dedication of the southern portion of Lotus View Drive and part of the cul-de-sac. The staff would recommend all necessary easements or dedication be a-stipulation of rezoning. CASH ARK FEE arul 3 at time of building permit application will be required to pay . sa2s cash park feet as per ordinance. FINDINGS AND CONCLUSIDNS • Sunset Crest rezoning from Rural to RI-13.5 and preliminary plat of 3 lots is inc conformance with the Guide Plan and is served by municipal sewer and water. RECOMMENDATION 11 The Planning Staff would recommend approval of the Sunset Crest preliminary plat and rezoning contingent upon the following: 1. Lots 1 and 3 shall pay cash park fee of $325 at time of .building permit issuance. 2. Final plat shall depict right-of-way required by City Engineering Department for Lotus View Drive and cut-de-sac. • *approved - Planning Commission Minutes - 2 - July 9, 1979 • CO4mTSSinu MEMBERS ABSENT: Liz Rettirath A. YORKSHIRE POINT,. . .public meeting. (continued) ( Bentley questioned whether Peterson would have to wait one year before coming back for a rezoning.request, if the Commission would recommend the zoning back to Rural. The Planner responded negative. Peterson felt it would be difficult to start over again, because of costs involved. Torjesen commented that Mr. Peterson was in compliance with Paragraph 17 - • of the Developer's Agreement. The Planner stated the City Attorney's opinion on the interpretation of • that paragraph. • • Levitt requested that the Planner investigate whether this Developer's Agreement wes recorded. Martinson inquired what the reasons were for rezoning back to Rural. The Planner responded that the rezoning was being considered in order to prevent the possibility of the sale of either the industrial lot or the single family home separately, which could precipitate future problems. The easement granted between lots 3 and 4 would be inadequate for a drive-way to the lot with the existing house,and the present screening was not adequate as a buffer between a residential home and an industrial use. MOTION: Bentley moved to recommend rezoning from I-2 back to Rural for Lot 11, Block 3, Yorkshire Point. Gartner seconded, motion carried 3-2-1; Bentley. Gartner and Martinson voting "aye"; Bearman and Torjesen voting "nay" • �-— and Levitt "abstaining B. SUNSET CREST, by Audrey Buss. Request to rezone and preliminary plat 1.36 acres from Rural to R1-13.5 for 1 existing home and 2 additional lots. Located North of Lotus View Drive and West of Tartan Curve. A public hearing. Ms. Jayne Kuhar, Attorney,representing Audrey Buss, summarized the request and referred to the feasibility study by the City of Eden Prairie for Lotus View Drive. The Planner briefly discussed the Planning staff recommendations of July 3,1979, explaining that the City is in the process of completing the eastern part of Lotus View Drive. Levitt questioned manner of division of the 3 lots, since they were being assessed for 3 lots. The Planner discussed the placement of the 3 lots, and suggested that one,home would be too close to the right-of-way line if other placement pattern was used. Kuhar explained that the proponent is agreeable to payment of the cash park fee and they are dedicating area indicated on their plat. MOTION: Torjesen moved to close the public hearing on Sunset Crest. Gartner seconded, motion carried 6-0. • • • • • • ,approved Planning Commission Minutes - 3 - July 9, 1979 B. SUNSET CREST. . .public hearing. (continued) MOTION: Torjesen moved to recommend to the City Council rezoning from Rural to RI-13.5 for Sunset Crest as per the plan dated June 18, 1979 and the staff report of July 3, 1979. Gartner seconded, motion carried 6-0. • MOTION: Torjesen moved to recommend to the City Council approval of the . preliminary plat of 3 lots for Sunset Crest as per the plat dated June 18, 1979 and the staff report of July 3, 1979. Gartner seconded, motion carried 6-0. C. SHEA REZONING, request to rezone .8 acres from Rural to R1-13.5 for 1 existing house and 1 additional building lot. Located at 6991 West 192nd Ave. • A public meeting. • The Planner briefly discussed the proposal and•referred to the Engineering lay- out for improvement of this area. Mrs. Alice Shea, 6991 192nd Ave., explained that the plan was legally surveyed ,and the plan reflected the recommendations of the surveyor. She also noted dedication for road right-of-way, which they are in agreement with. • MOTION: Levitt moved to recommend approval of rezoning to the City Council • • from Rural to R1-13.5 for 2 lots as per the material' dated July 9. 1979 and the staff report of July 2, 1979. Bentley seconded, motion carried 6-0. • f D. RAUENHORST OPUS II OFFICE CENTER, request to amend the Opus II PUD 74-06 for expansion of American Family Insurance Building. Located NW • quadrant of Co. Rd. 62 and C.S.A.H. 18. A public hearing. • • Mr. Bob Worthington, Rauenhorst Corporation, presented the.background on the original PUD proposal, and explained the changes they are proposing - concept • plan revision to show addition of two separate expansion programs for the existing American Family Insurance Headquarters Building. • The Planner expressed the concerns of the Planning staff: setback require- ment problems if the existing property lines remain; the amount of mature vegetation on the site; and the need for more detailed information on the landscaping plan and circulation of traffic. • •Uorthington answered questions on siting of the buildings and tentative location of parking areas. The Planner requested general comments from the Commission on the changes made in the original PUD, as these comments will affect the final plan. Bearman suggested this may the proper time for the proponent to look into the . possibility of use of a parking ramp, rather than grading out more trees and vegetation. Worthington responded that this is a possibility, and they will • • • 2111 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-1,36 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUNSET Crest BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Sunset Crest dated June 18 ,1979 , a copy of which is attached hereto and amended as follows: • is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the 7 day of August , 1979. Lolfgang H. Penzei, Mayor John D. Frane, City Clerk SEAL • • . - r „„, , .•., • • - , • RAUENHORST CORPORATION 442› , • June 18, 1979 • Mr. Chris Enger City Planner ,"• 8950 Eden Prairie Road • Eden Prairie, MN 55343 • Dear Chris: The attached applications relate to one portion of the Eden Center Office center changes which we discussed a week ago. ..f•• Specifically, we are asking the City to amend the current office-PUD •OenOept plan approved for the afolemeilLioned center in order to accommodate two separate expansion programs for the existing American Family Insurance Headquarters Building. _ . Phase 1 calls for construction of a 50,000 to 55,000 square foot addition 'Csnilding B) which will be erected immediately west of the existing building. This addition will expand the current 60,000 square foot building to a maximum of 115,000 square feet. In order to accommodate this Phase 1 expansion, we intend to add approx- imately 2.5 acres of land to the existing site through the administrative Subdivision of a portion of Lot 3 which is contiguous to the existing site • • (Lot 2) of the insurance building. Phase 2 calls for construction of an additional 75,000 square feet of office space (Building C) on the balance of Lot 3. The phaqA4 additions are illustrated on the accompanying concept plan for which we're asking Commission and Council approval. Please call me at 830-4419 if you have questions or require future inter- pretation of these plans which we're submitting to you for placement on the July 9 agenda of the.City Planning Commission. Sincerely, • 0 • / rk u c • (' Robert A. Werthingtor4,A.I.C.P. I/ Director-Planning and Governmental Affairs • RAW:lj Enclosures • • • EXECUTIVE CUTICLE 2200 NORTHWESTERN FINANCIAL CENTER TWO wan AVENUE SOUTH.MINNEAPOLIS,MINNESOTA,SAILIF(10E)MANN . : • - • :. - _ . _ • • • • • STAFF REPORT MEMO: TO: Planning and Zoning Commission FROM: Chris Enger, Director of Planning DATE: July 5, 1979 APPLICANT: Rauenhorst Corporation REQUEST: Planned Unit Development Concept Approval for Phases 2 and 3 of the Opus II of the Eden Prairie portion of Rauenhorst Industrial Office Development LOCATION: In the very northeastern portion of Eden Prairie lying north of 62 Crosstown. BACKGROUND In 1974 Rauenhorst applied for a Planned Unit Development Concept approval for that portion of the site on which the American Family Life Insurance building sits, and the property lying east of that. This property was subsequently given Planned Unit Development approval, platting and zoning, to Office District. It was also given a variance to allow 4.2 spaces per thousand car parking, contrary to the Ordinance requirement of 5 spaces per thousand. Rauenhorst subsequently returned to the City to rezone an additional small strip of land lying east of American Family Insurance to accomodate addtional parking they found to be necessary, bringing the total parking on the site up to 358 cars, 58 more cars than required by zoning ordinance. The 1968 Comprehensive Guide Plan depicts this area as Industrial, the 1979 Guide Plan Update depicts this area as Industrial or Office. Therefore, the land use as proposed is consistent with the original Planned Unit Development, 1968 Guide Plan, and the proposed Guide Plan Update. The concerns at the time of the original Planned Unit Development approval for building A, occuring on the east portion of the site were:the preservation of the hillform and retaining as many of the trees on the wooded knoll as possible. SITE PLAN ' The current site plan for the proposed concept PUD approval does not completely reflect the amount of mature vegetation occuring on the site. In addition, there is a required 50' setback from the Crosstown Highway, which is not adhered to in all cases within the site plan and should be altered as f part of the further developmental drawings required for rezoning. • • • Staff Report-Rauenhorst-Opus 2, E.A. Office Center Page 2 • The parking as illustrated for buildings A, B,&C again brings the parking spaces per thousand sq. feet of gross floor area ratio down to 4.3 and 4.2 for the entire site, as was originally requested for site A, American Family Insurance, which did not prove to be adequate. Therefore, as a part of rezoning, • the proponent should illustrate area on the site where the additional spaces can be accommodated. The space may ultimately take the form of deck or underground parking. • Automobile circulation for the area and access are taken from the north from a unique one-way system of roads that serve the majority of Opus II within Minnetonka. The original Planned Unit Development for sites A, B and C illustrated a common 2 way drive-way running parellelto this one-way road system occuring on the north part of the site, which allowed circulation between the three sites, to allow flexibility of point of access to the one-way system. This two way service road system has been eliminated from the current proposal, and a more confining through the parking lot type of connection is provided. • • If the buildings are to be all under one ownership, they should either be combined • all on one lot, without lot lines separating them, or proper side yard setbacks should be adhered to as contained in the zoning Ordiance 135. These side yard setbacks provide for a minimum combined side yard setbacks of 50' for both sides 11 .and a minimum one-sided side yard of 20'. The current proposal places building 8 directly on the western property line of the existing building A, and places building C only 10' from the property line requested in an administrative land division for building B. Therefore, the parcels as stated should either be com- bined into one under one ownership, or proper side yard setbacks should be adhereed to. REZONING Since the basic land use of Office is consistent with the existing City land use guides for the area and since rezoning is currently not requested, the Planned Unit Development Concept could be approved in general with specifics such as: detailed grading, building lot lines, set backs, car parking ratios, building • • heights, and circulation systems to be further defined according to questions and • recommendations of this report as part of the rezoning process. RECOMMENDATIONS The Staff would recommend to the Planning Commission recommendation of approval of the Planned Unit Development Concept for Office use of Phase B and C of the Rauenhorst Opus II development subject to: 1. Providing detailed existing vegetation survey information as a part of the rezoning process. 111 2. Providing adequate setbacks as detailed in this report. • 217i = .. . . . - '. '''''' '- '''''''.---'''''": '..••'' , •',..-"-.':,-..--::2,-•-',:,•:..'.„.•.,;,•..-,:-.''.•;,:•.,' .,, ,.,. - -.:, ,,,..7.....•,....,..: •- • •',.'. _r'''.... ''' ': •,: .. -1.-":.,:',:-,...:::',L.,1”.,..1.,,:-;...„,,...:,..::.,....:.,,:.i::;:i,:::.:',:,:c..t......:,...i,';f.i.,......,.....,.!,.!:;:_::..7,[-:•!::......-„,:::,,,,.... . . .:--: "''.." ,''''''''''''",'.',--:-.::::-./..:-.:''''',-;„:1;'...:-.',12';::::-.'..;:g:'....';',:,.',.-..':'.,:: --,-,-..-...:',.:.;:.;-::-.:.;..,...1,,,..,,?;:2....i:::•.•__,...,,,,,,...,:.-„7:,,--,•;:i.;.„,y,-;:::,.......,,,,,,,:,..,,,,..,::::,..,...,,,,,,...„-;:,-,..:..-,,,,,,,,72: .;;:-",:::::•.:,.;:,:_.„:„. - ..:--';': ',.,' -:. •''' ' • :' '..'‘. , ,". , - ' - ''2. ..''.,:',"-:,:..,' 2.:',''-',..T.-.,,,, , ..._. ... . . . .. ., . ...... ,.... ....... ' ......, . ''.- : -:. .1. -. :::.:, ''.''': •. . . . : . -.- ,., ..:'.'...;',:'',.,:,::.:.... ,...„, . ..„.,. . -a...".------- ---..-- ....- .. .......--, • ,.........--r. •'' Staff Report-Rauenhorst-Opus II-E.P. Office Center • .."--7. PSge 3 ...........- Providing clearly defined areas of connectig;usfortip.edestrian 3* system to the overall pedestrian system of '''.,......: 4. Cash park fee be paid at time of building permit issuance..5. 1 ....„ .....'.:_ . ,.... - . As part of rezoning submittal information, adequate additional :*-.- - area be shown to illustrate parking ratio up to parking spaces • '''' re of 5 per thousand. ..--, -',.....- 6 In the detailed information submitted for rezoning, proper siting - required.. :C. .. --1---4f-Ittriklings to preserve maxi . of.vegetation should be ,,,,•::. ... ' - 7. • Additional study by Reuel* rst in submission of material to provide overall l definition of car °circulation to provide access to one-way creeadarsystem should be submitted. i....-- :.''...' .....:',:...-7. Strong recommendation that any furtherpadrekcinrgeadseevepalortime:coonvetrrgesite -.....,,.....,.., incorporate the use of a parking ramp to . .. of this area. ..-..i.,-, i As.per Planning Commission meeting of July S. 1979. -..'" '.-.,.:".; ,..,.... '..T,.' ...,'-..;' :.,....„. 7,...r.:- . 77- II • • . ......;...•.:.. .,,.•__. :.... .. .., :. ...i,.;• • .2 17 g- .„ .._. ..,..,_:.._......,,-.-- -'...,...-..z---' • . . - , A!.. „ . • approved 'Planning Commission Minutes - 3 - July 9, 1979 CD4MISSION MEMBERS ABSENT: Liz Retterath B. SUNSET CREST. . .public hearing. (continued) MOTION: Torjesen moved to recommend to the City Council rezoning from Rural to R1-13.5 for Sunset Crest as per the plan dated June 18, 1979 and the staff report of July 3, 1979. Gartner seconded, motion carried 6-0. MOTION: Torjesen moved to recommend to the City Council approval of the i preliminary plat of 3 lots for Sunset Crest as per the plat dated June 18, 1979 and the staff report of July 3, 1979. Gartner seconded, motion carried 6-0. C.-• ,S'F{EA REI0NING, request to rezone-.8 acres from Rural to R1-13.5 for 1 existing house and 1 additional building lot. Located at 6991 West 192nd Ave. • A public meeting. • The Planner briefly discussed the proposal and referred to the Engineering lay- out for improvement of this area. • Mrs. Alice Shea, 6991 192nd Ave., explained that the plan was legally surveyed and the plan reflected the recommendations of the surveyor. She also noted dedication for road right-of-way, which they are in agreement with. MOTION: Levitt moved to recommend approval of rezoning to the City Council from Rural to R1-13.5 for 2 lots as per the material dated July 9, 1979 amd the staff report of July 2, 1979. Bentley seconded, motion carried 6-0. D. RAUENHORST OPUS II OFFICE CENTER, request to amend the Opus II PUB 74-06 for expansion of American Family Insurance Building. Located NW • quadrant of Co. Rd. 62 and-C.S.A.H. 18. A public hearing. Mr. Bob Worthington, Rauenhorst Corporation, presented the.background on the • original PUB proposal, and explained the changes they are proposing - concept • plan revision to show addition of two separate expansion programs for the • existing American Family Insurance Headquarters Building. The Planner expressed the concerns of the Planning staff: setback require- ment problems if the existing property lines remain; the amount of mature vegetation on the site; and the need for more detailed information on the landscaping plan and circulation of traffic. •iorthington answered questions on siting of the buildings and tentative location of parking areas. The Planner requested general comments from the Commission on the changes made in the original PUB, as these comments will affect the final plan. Bearman suggested this may the proper time for the proponent to look into the possibility of use of a parking ramp, rather than grading out more trees and • vegetation. Worthington responded that this is a possibility, and they will • • approved . Planning Commission Minutes - 4 - July 9, 1979 C. D. RAUENHORST OPUS II OFFICE CENTER. . . .public hearing (cont'd) explore that idea, but he explained that cost is the major constraint in this type of solution. Mr. Richard Lynch, 11426 Leona Rd., expressed the opinion,as a former member of the Planning Commission, that the parking was inadequate and he felt strongT that the ramp should be looked at. • Torjesen commented that the large parking lot indicated on the tentative plan tonight was in a tree area and he would like to see that part removed from . the plan. . MOTION: Bentley moved to close the public hearing on the Rauenhorst Opus II Office Center PUD. Torjesen seconded, motion carried 6-0. MOTION: Bentley moved to recommend approval of the Opus II Office Center PUD as per the material dated June 18, 1979 and the staff report of July 5, 1979 Witt' the following modification: A strong recommendation that any further parking development on the site incorporate the use. of a parking ramp to decrease parking coverage of this area. Martinson seconded, motion carried 6-0. . Worthington inquired whether the option of ramping either the right or left L area was possible. Bearman explained that there were several alternatives, and they were suggesting avoidance of grading the site where the mature • vegetation existed. Worthington added that he did not want to convey the• feeling that there would be a parking ramp, only that they would explore the possibility as one of the options. E. INDEPENDENT MILLWORK PROPERTIES DEVELOPMENT, by Darkenwa]d Real Estate. Al •Request for PUD Concept approval for commercial, rezoning from Rural to Commercial and preliminary plat approval for 2 lots. Located north of W. 78th St.-South of Presbyterian Church and Leona Road Residential • Area, and east of Eden Prairie Auto Body Shop. A public hearing. Hr. Steve Young, Bruce Knutson Architects, representing Independent Millwork Properties Development, presented the proposal, explaining that they feel it would serve a definite need for commercial and recreational purposes. He commented that they were in general agreement with the Staff. The Planner pointed out the concerns of the Planning Staff with the proposal as discussed in the staff report of July 5, 1979. • • MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: • Bob Lambert, Director of Community Services DATE: July 13, 1979 •SUBJECT: Development Proposal Check List PRO Rauenhorst Industrial Office Development pRDPOt 'i't._-_.Rauenhorst Corporation REQUEST: PUD Concept Approval for Phases 1 F 3 of Opus II of the Eden Prairie portion of Rauenhorst Industrial Office Development. LOCATION: Northeastern corner of•Eden Prairie, north of Crosstown 62 h3 l At#tle; See Planning Staff Report • 0 CHECKLIST: 1. Adjacent to parks? (Neighborhood, Community, Regional) N/A E Affect on park: N/A • 2. Adjacent to public waters? N/A Affect on waters: N/A • 3. Adjacent to trails? N/A Typo of trails: (bike, multi-use, transportation; etc.)pedestrian connection to trails ' Construction: (asphalt, concrete, wood chips, aglimo) Asphalt Width: 10' Party Responsible for construction? developer Landownership: (dedicated, density tradeoff, etc.) N/A . Type of Development? (residential, commercial, industrial) industrial/office Where will CASH PARK: FEE go? (what neighborhood) northeast sector Nerd for mini-park?N0 • _Z. S. REFERENCE CHECK: • 1 a. Major Center Area.Study: u/A • b. Neighborhood Facilities Study: N/A • c. Purgatory Creek Study: N/A • d. Shoreland Management Ordinance: . N/A a. :Ploodplain Ordinance: N/A 7:7* f. Guide Plan: Both 1968 and Updated Guide Plan show this area as Industrial or Office. . g. Other: 6. Existing or pending assessments or taxes on proposed park property: N/A • 7. CASH PARK FEE? $1,400/ acre to be paid at time of building permit. 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: .9. Number of units in residential development? N/A _ Number of acres in the project? 7.8 acres Special recreation space requirements: N/A • _ 10. STAFF RECOMMENDATIONS: Recommend approval subject to Planning Staff Report of July S, 1979 with the following additions: 8. Any further parking development on the site incorporate the use of a parking ramp to decrease parking coverage of this • area. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION • Monday, July 16, 1979 7:30 City Hall COMMISSION MEMBERS PRESENT: David Anderson, Steve Fifield, Robert Johnson, Robert Kruell, George Tangen, Richard Anderson, (arrived at 8:00 p.m.) COMMISSION MEMBERS ABSENT: Larry Van Meter COMMISSION STAFF PRESENT: Robert Lambert, Director of Community Services OTHERS PRESENT: Dick Dahl, E.P. News; Al Dybiec, E.P. Sun, Robert Worthington I. ROLL CALL At 7:35 p.m. the meeting was called to order by George Tangen, Vice-chairperson. II. APPROVAL OF AGENDA Additions: V.B.7. Council Report - Dave Anderson VII.B. Round Lake Park - Kruell • MOTION: Dave Anderson moved, and Fifield seconded, to approve the agenda as published, with the additions. Motion passed unanimously. III. MINUTES OF JULY 2, 1979 ( Changes: pg. 2, V.A.1., verify "the reason for" pg. 4, para. 1, . . . intent, and that when . . etc. pg. 6, C., rewrite para. 1 & 2, and add "no action taken" Because Page 5 was not included in the Commissioner's packets, the item was tabled until after the break, at which time it could be distributed and reviewed. IV. PETITIONS, REQUESTS AND COMMUNICATIONS None • V. RECOMMENDATIONS AND REPORTS A. Reports of Commissioners None • B. Reports of Staff • 1. Development Proposal - Rauenhorst Opus II Office Center Lambert pointed out to the Commission that the major concerns they may wish to deal with are grading (type and amount), tree removal, and parking. When Mr. Robert Worthington from Rauenhorst arrived, he outlined their plan and explained the background of the project. Minutes--Parks, Recreation & unapproved July 16, 1979 Natural Resources Commission -2- The Planning Commission had recommended approval, subject to the redesign of parking areas in respect to the vegetation on the site, and set backs on the property. He noted that the Park Dedication Fee would be paid, and described what they term a secondary road system serving the complex of buildings. This system of trails (ten foot, asphalt) lies within a green area dedicated for public use. (All utilities lie beneath this secondary road system.) Kruell observed that the developer has done an admirable job siting buildings,building trails, etc. Yet, the expansion process may prove to be different. It appeared much filling and excavating would be required to develop this lowland resource area. It may be attractive to a developer, but it is not,from a nature conservation standpoint. Mr. Worthington explained that although some low wetland is being reclaimed as a parking area, the whole project received approval through an Environmental Impact Statement. That area of wetland was a grade • that was approved for filling by means of a tradeoff. The developers created a pond to retain ground water and house displaced wildlife. They also developed a second pond specifically for a wildlife nesting • area--installing feeders and nesting islands. They hope these will help to reduce the impact of filling wetlands for construction. In their development; they have tried to be sensitive, while using trade- offs on density and intensity of use. • MOTION: Johnson moved to recommend to the Council, approval of the proposed Rauenhorst Opus II Office Center, as per staff recommendations in the Memorandum of July 13, 1979. Dave Anderson seconded the motion, which passed, with Kruell voting nay, and R. Anderson abstaining.('Mr. Anderson arrived shortly before the vote was called.) Kruell explained that we cannot afford to cover any more natural water percolation areas. R. Anderson assumed the chair. 2. Teen Center Report • In response to a question at the last meeting, a report was submitted to the Commission by Hal Weldin, the Director of the Teen Center. Weldin pointed out that although attendance is down, the participants are enjoying the program with fewer problems. R. Anderson asked if the Public Safety Department was showing support. Lambert replied that on Friday evenings, when most of the problems are likely to occur, they cruise through the parking lot every 15-20 minutes. This has resulted in fewer problems. 3. Transportation Program a The six month trial transportation program is due to end August 1. 1979. Staff feels they were close to their projections on useage and cost, . ."- • "•-• - " • -•••••: - .•• ,, : - :':- - •••- • , . . • . • • _ •••• •LD-79-PUD-07 0 Opus II Revised CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 79-137 A RESOLUTION APPROVING THE OPUS II REVISED PLANNED UNIT DEVELOPMENT AND AMENDING THE COMPREHENSIVE GUIDE PLAN & OPUS II PUD 74-06 WHEREAS, the City of Eden Prairie has by virtue of Ordinance 135 Fmovided for the Planned Unit Development (PUD) of certain areas located With the City. and WHEREAS, the Opus II Planned Unit Development of 1974 was considered ltimmapr amendment to the 1968 Comprehensive Guide Plan and the 1979 Revised a Opus 11 Planned Unit Development is also considered a proper amendment to the Wapreitensive Guide Plan, and WHEREAS, The City Planning Commission did consider the Revised PUD at a public hearing and did recommend approval of the Planned Unit Development.and WHEREAS, the City Council of Eden Prairie did hold a public hearing •_ on August 7, 1979 on the Revised PUD for Opus II. NOW THEREFORE, be it resolved by the City Council of Eden Prairie as follows: 1. That the City Council does grant PUD Concept approval for the Opus II Revised PUD as recommended by the Planning Commission. 2. That the PUD meet the recommendations of the staff report dated July 5, 1979 from the Planning Department. ADOPTED by the City Council of Eden Prairie this ___day of 1979. ATTEST: Wolfgang H. Penzel, Mayor SEAL $ John D. Frane, City Clerk ;2179 • EDEN PRAIRIE PLANNING COMMISSION I: MINUTES Unapproved MONDAY, JULY 23, 1979 7:30 PM, CITY HALL i COMMISSION MEMBERS PRESENT: Vice-Chairperson Liz Retterath, Oke Martinson, George Bentley, Matthew Levitt, Hakon Torjesen COMMISSION MEMBERS ABSENT: William Bearman and Virginia Gartner • COMMISSION STAFF PRESENT: Chri's Enger,.Director. of Planning Donna Stanley, Planning Secretary • • PLEDGE OF ALLEGIANCE - ROLL CALL L. APPROVAL OF AGENDA • MOTION: Bentley moved to approve the agenda as published. Torjesen seconded, motion carried 5-0. II. MINUTES OF JULY 9. 1979 r ` • The following'corrections were requested: pg. 2, para. 3, delete sentence; add "Torjesen commented that Mr. Peterson was in compliance with Paragraph 17 of the Developer's Agreement pg. 2, para. 5, delete "on file"; add "recorded". • 0 pg. 2, para. 7;"MOTION": add MOTION to read as follows: Bentley moved to recommend rezoning from I-2 back to Rural for Lot 11, Block 3, Yorkshire Point. Gartner seconded, motion carried 3-2-1; Bentley, Gartner and Martinson voting "aye"; Bearman and Torjesen voting "nay"' and Levitt "abstaining." • pg. 3, para. 7, delete "Co. Rd. 18"; add "Co. Rd. 62". • pg. 5, last para., delete "felt that"; add "questioned whether". MOTION: Bentley moved to approve the minutes of July 9, 1979 as published and amended. Martinson seconded, motion carried, with Retterath abstaining. Bentley read Statement on his abstaining vote on the Independent Millwork • Properties Development at the Planning Commission meeting of July 9 and requested Commission direction on participation in two projects before the Commission presently. (The Statement was made a part of the Minutes) ' The Commissioners' concensus was that Bentley's participation was acceptable. A. INDEPENDENT MILLWORK PROPERTIES DEVELOPMENT Darkenwald Real • Estate. Request for rezoning from Rural to Commercial-Regional- Service for 2 lots and preliminary platting for 1 lot. A continued public hearing. The Planning Director explained the Planning Commission action of July 9, 1979 and the new landscaping plan illustrating the buffering to the north. • t the Planning and gaping eonmieeicn meeting oi' duly 9, a I abstained from voting vn the tSiUwcs7c , sties Development, by Derkenwalfl Real Estate. I would e to publicly explain that vote. ]fir reason for abstaining is that Bruce Knutson of Brace l�iauLeuu Architects, Inc., the architectural firm employed:on 'ems project is w wife's stepsister's husband. While we have very little contact outside of family functions, I felt that to avoid the impression of eonfliht of interest I should.abstain. I would also like to point.�out that ou the original n l Cardinal Creek request of several months ago, a project with the same erehitectural firm, I was not aware of the connection ixrtil the ;.,..,. .:: i o 1. meeting occurred. I did vote onts or timean project as preueuted. During this Planning and Zoning Commies Keeting of July , 1979, requests: the Indo mien Mi7,lwork properties Development 3,9 and Cardinal Creek Phase 20 will be behave:.us ford a 'consideration and possible votes. Both�s have employed ;, brine Knutson Arehitectss, Inc. I ask the Cosemissiavice.-.pd to b d my participation on then projects, I have bad ,no •a i.+eation with Bruce Knutson on either of these projects, - - and I do believe that I.can be complotel,f objective 3 e'iigr I ask that this statement be made past or them e c this" meeting f • • • • 41 I1 1 4�e4 ; ,1 �t'Grtje 1%°'el iq • f, Unapproved Planning Commission Minutes - 2 - July 23, 1979 A. INDEPENDENT MILLWORK PROPERTIES DEVELOPMENT,. . .continued public hearing. Mr. Pat Fitzsimmons presented the changes made to the Racquetball Club plan, explaining that they agreed that there was a need for additional parking spaces, and they presently show 59 spaces. He addressed the concern . expressed during the last Planning Commission meeting of a buffer in the rear of the building, explaining it would be an8' wall. Martinson inquired how the end of proposed Titus Road would be handled. Fitzsimmons responded that they would construct a berm high enough to pre -•• .. •. vent headlights from shining into residential area. Screening of rooftop mechanical equipment was discussed, and Fitzsimmons agreed to look into a "parapet" type of screening. Mr.Bruce Dahlmeier, contractor for ;1r. Fitzsimons, answered questions on the type of lighting they intended to use for the parking area, and agreed to look into the cut-off luminaire type lighting of maximum height of'2O'. He explained they would use lighting spotted on their building for identification purposes. Bentley questioned the intended screening of the parking lot along West 78th St. The Planner responded that the proponent does not have an adequate landscaping plan submitted, and would have one in before Council consideration. Torjesen asked for clarification on what the Commission was voting on tonight. • The Planner explained that the request is for rezoning and preliminary platting of the handball court only. Mr. Richard Lynch, 11426 Leona Road,questioned the intended uses of the Racquetball Club. Fitzsimmons responded there would be no food served and it would be used as a ragMetball club only. Mr. Bill Darkenwald, Darkenwald Real Estate, questioned the park fee require- ment, explaining that it was their understanding that if the road right-of-way was dedicated, no cash park fee was necessary. The Planner responded that normally the City would separate road right-of-way and park dedication. He explained that the Cash Park Fee Ordinance was enacted in 1976 and is balanced off before every project that comes before us. Torjesen inquired which of the property owners would be responsible for the berming? The Planner explained that it could be installed at the time of Titus Road construction. Mr. Fitzsimmons agreed that he could do the berming as a part of his site grading. Levitt asked about the restaurant zoning proposal previously requested during the July 9th meeting. Darkenwald responded that the request for rezoning had been withdrawn, but that the request for restaurant use within the P.U.D. was still in effect. ?f1 • • • Unapproved Planning Commission Minutes - 3 - July 23, 1979 • A. INDEPENDENT MILLWORK PROPERTIES DEW.. . . continued public hearing • MOTION: Levitt moved to close Public Hearing on the Independent • Millwork Properties preliminary plat. Torjesen seconded, motion carried • 5-0. MOTION #2: Levitt moved to recommend to the City Council approval of the rezoning of the 179' west of Titus Road from Rural to C-Regional- Service, based upon the plans dated July 7, 1979 and July•20, 1979, and the staff report of July 5, 1979, subject to: Requirement of plans for 20' maximum height cut-off luminaire lighting and detailed landscaping • plans acceptable to the Staff be submitted prior to City Council consideration. Torjesen seconded, motion carried 5-0. • MOTION #3: Levitt moved to recommend to the City Council approval of the preliminary plat dated July 20, 1979, as per Staff report of July 5, 1979 and subject to stipulations as listed in MOTION #2. Torjesen seconded, motion carried 5-0. B. "CARDINAL CREEK ESTATES, PHASE 2, Western Construction Company, request for rezoning of approximately 30 acres from Rural to R1-13.5 and preliminary platting of 27 single family lots. A public hearing. Mr. Billy Bye, The Litchfield Corporation, presented the plan, explaining } `. • the history of the PUD for the area. They have met with the neighbors to • the west, who also felt that this was the best land use. The plan conforms to the existing Guide Plan and the 1979 Guide Plan Update standards in their opinion. Bye introduced Mr. and Mrs. Russell Marsh, fee owners, and their Attorney. • Mr. Lyle Folkestad, Bruce Knutson Architects Inc., explained the lot pattern, with the grading intended to emphasize the impact of land. The Planner discussed the FINDINGS ANb CONCLUSIONS of the staff report. He . explained that the Community Services Director felt there was relatively little area for active play space, and that the center island area would • provide a nicefocal point for the development with a tot lot, either main- tained by the City or a Homeowner Association. He suggested re-working of the grade with the possibility of opening up the loop road by increasing • frontages. He spoke to the mitigating factors of the long cul-de-sac and suggested it connect eventually through to the Topview Acres area. • Encroachment of some of the lots into the flood plain was discussed, and preservation of the flood plain area by the use of a restrictive covenant or scenic easement. Folkestad responded they were in favor of preservation of open space. • • • i °. • • approved • Planning Commission Minutes - 4 - July 9, 1979 CO NTSSIQn MEMBERS ABSENT: Liz Retterath ®O. RAUENHORST OPUS II OFFICE CENTER. . . .public hearing (cont'd) • explore that idea, but he explained that cost is the major constraint in this type of solution. Mr. Richard Lynch, 11426 Leona Rd., expressed the opinion,as a former member of the Planning Commission, that the parking was inadequate and he felt strongly that the ramp should be looked at. Torjesen commented that the large parking lot indicated on the tentative plan tonight was in a tree area and he would like to see that part removed from the plan. . • MOTION: Bentley moved to close the public hearing on the Rauenhorst Opus II Office Center PUD. Torjesen seconded, motion carried 6-0. MOTION: Bentley moved to recommend approval of the Opus II Office Center PUD as per the material dated June 18, 1979 and the staff report of July 5, 1979 • with the following modification: A strong recommendation that any further parking development on the site incorporate the use. of a parking ramp to decrease parking coverage of this area. Martinson seconded, motion carried 6-0. Worthington inquired whether the option of ramping either the right or left I/ area was possible. Bearman explained that there were several alternatives, and they were suggesting avoidance of grading the site where the mature vegetation existed. Worthington added that he did not want to convey the feeling that there would • be a parking ramp, only that they would explore the possibility as one of the options. E. INDEPENDENT MILLWORK PROPERTIES DEVELOPMENT, by Darkenwald•Real Estate. Request for PUD Concept approval for commercial, rezoning from Rural to Commercial and preliminary plat approval for 2 lots. Located north of W. 78th St.-South of Presbyterian Church and Leona Road Residential Area, and east of Eden Prairie Auto Body Shop. A public hearing. • Hr. Steve Young, Bruce Knutson Architects, representing Independent Millwork Properties Development, presented the proposal, explaining that they feel it would serve a definite need for commercial and recreational purposes. He commented that they were in general agreement with the Staff. The Planner pointed out the concerns of the Planning Staff with the proposal as discussed in the staff report of July 5, 1979. I • approved Planning Commission Minutes - 5 - July 9, 1979 E. INDEPENDENT MILLWORK PROPERTIES DEVELOPMENT. . .public hearing (cont'd) Bearman pointed out that there have been problems relating to the site as far as proper berming between the site and residential area to the north. He inquired whether the proponent could place the handball court in a different manner on the site. Young responded that the building was placed according to building setbacks, and they felt this placement would be more acceptable to the residents. In response to the question by Bearman on whether the proponent was in agreement with the staff report recommendations, Young commented that no. 5 would be difficult to•comply with. Levitt inquired what type of restaurant was being considered for one of the sites requested for zoning. Mr. Bill Darkenwald, Darkenwald Real Estate, explained that Mr. Tom Noble, had definite plans for the site for a restaurant such as the Normandy Hotel. He added that whatever would be built would be submitted to the Planning Commission for review. The Planner explained that the P.U.D. was not an approval for zoning, but tesa land use designation only, and that the proponent would have to request rezoning on the restaurant and handball sites. Mr. Dick Lynch, 11426 Leona Road, asked how far back Titus Road would be run, and expressed concern with car head lights. The Manner responded that the Staff has recommended that the road go only as far as second exit of the proposed restaurant, and berming be placed of an adequate height to screen car head lights. Lynch inquired what was anticipated for the fast food site? The Planner responded that the client has not been identified, but the site is identical to any of the fast food chains. Torjesen inquirea whether'any meetings had been held with the residents. Darkenwald responded that he had talked to some of the people in the neighborhood, and they are aware of this proposal and are not opposed to the plan. The Commissioners questioned rezoning of the restaurant site at this time since the prospective buyer was not sure about building a restaurant and presently did not have detailed information available for review. Young suggested approval of rezoning contingent on prospective restaurant owner submitting his plans when he is sure of what he wants to build. Torjesen questioned whether Mr. Noble wants more than PUD approval to assure him that he can use the site for a restaurant. He inquired what further infor- mation was needed from Mr. Noble. The Planner responded they are missing a detailed landscaping plan and architectural drawings for both the restaurant and handball site. • • )►•)„ Planning Commission Minutes - 6 - Jnly 9, 1979 • E. INDEPENDENT MILLWORK PROPERTIES DEVELOPMENT, „Public..:hearing (cont'd) Levitt commented that he would prefer to also see more specific plans on how the handball site would be treated as far as affecting the residents. Lynch expressed opposition to rezoning of the restaurant site. MOTION: Torjesen moved to close the public hearing on the Independent Millwork PUD request. Levitt seconded, motion carried 5-0-I, Bentley abstaining. MOTION: Torjesen moved to recommend approval to the City Council of the revised PUD concept plat as modified in staff report of.Juiy 5, 1979,. and addition of"D": Berming along north end of Titus Road be required of the height to screen-car lights from affected ,residences. Levitt seconded, motion carried 5-0-1, Bentley abstaining. MOTION: Torjesen moved to continue the public hearing on the preliminary plat and rezoning request until the meeting of July 23, 1979., iir order to allow proponent time to provide more detailed information'. 'Gartner seconded, motion carried 6-0. Y. 'PETITIONS AND REQUESTS - None. V.I. • . PLANNER'S REPORT The Planner briefly discussed the upcoming projects: Cardinal Creek, Phase 2,. 14 ted east of the first phase; Bluffs West 3rd Addition; and Mitchell Heights, located east of Mitchell Road and north of Atherton. • VII. OLD BUSINESS :None. . , VIII. NEW BUSINESS None. IX. ADJOURNMENT MOTION: Bentley moved to adjourn at 10:20 PM. Gartner secon,1PA, motion carried unanimously. to r.a • • STAFF REPORT: MEMO: TO: Planning and Zoning Commission FROM: Chris Enger, Director of Planning DATE: July 5, 1979 APPLICANT: Darkenwald Real Estate PROJECT NAME: Independent Millwork Properties Development . REQUEST: 1. Approval of a revised Planned Unit Development Concept Plan for 8.3 acres. 2. Rezoning of Block 1 of Flying Cloud Center Addition and the easterly • most 179 feet of Lot 1, Block 2 of Flying Cloud Center Additionto C-Regional Service Commercial District. 3. Preliminary platting of the easternmost 179 feet of Lot 1, Block 2 of Flying Cloud Center Addition. • PROJECT LOCATION: North of West 78th Street in the Eden Prairie Center, west of U.S. High- ) way 169, south of the Presbyterian Church and the Leona Road Subdivision. BACKGROUND As Shown in the Planned Unit Development application brochure dated June 18, 1979, on the last page is the reproduction of the 1975 Planned Unit Development approval for the site. The last page of the brochure titled "Proposed PUD Concept" illustrates the proposed revision to the Planned Unit Development Concept. In the original PUD, there were two restaurants proposed, a small strip shopping center, and a small tires, batteries and accessories building. In the new proposal, there is a larger restaurant proposed on the entire site of the original tires, batteries, an,:. accessories building and restaurant building and a motel proposed on the western end of the property with an additional restaurant, as shown originally, being moved one lot further to the east. The introduction of a handball court completes the proposed revision. The single most firm use proposed is the handball court, which is proposed to be built beginning this call, with architectural plans to be presented as a part of this request. The large 10,000 sq. ft. restaurant shown on the eastern end of the site would not be built for a couple of years and preliminary architectural drawings are not submitted for that site at this time. The handball site and the large restaurant site are the two sites currently proposed for rezoning. The handball site would also require a lot division and preliminary plat request is tied to this lot. 111 Prior to this submission and subsequent to the original Planned Unit Development, Thrift-Way Grocery Stores applied for rezoning on the area of property lying west of • Titus Road , which was subsequently withdrawn at the City Council. • • Staff Report-Ind. Millwork Prop. Dev. • Page 2 a There are existing land divisions and zoning conditions on the site as follows: 1. The entire 8.3 acres has been subdivided as illustrated in the attached graphic, so that it contains an existing 60 ft. right-of-way for Titus Road, contains 4 lots (Block 1, Lots 1 and 2; and Block 2, Lots 1 and 2). 2. There is existing Commercial-Highway zoning occurring on the westernmost portion of Block 2, as illustrated in the accompanying graphic. 3. The balance of the site, including the eastern half of Block 2 and the entire portion of Block 1, is currently zoned Rural. Both the 1968 existing Comprehensive Guide Plan and the 1979 proposed Guide Plan Update depict this area as Regional-Commercial land use. The Major Center Area Report also illustrates this area as Regional-Commercial, Highway-Commercial, Regional-Service, or Regional-Office. Therefore, the basic landuses as proposed, • would fall into this Regional-Service category, and are proper. • REVISED PLANNED UNIT DEVELOPMENT • . i The most significant factors about this'site are: • 1. The westernmost portion of the site, which is the area depicted as a small motel site, is the area containing the most severe topographic change and is the site of the old WyeView Cabin Motel, which utilized the top of the knoll and the wooded area for individual Motel cabins. 2. The relationship of this site to the Presbyterian Church occuring to the north, and the existing residents living on Leona Road, occuring to the north and east. 3. The long term relationship of the 4 uses proposed to each other, and to other commercial uses occuring in the Major Center Area. Looking at the factor of integration of buildings into existing site conditions, you will note that although the hill shown on the western side of the plat is not shown as being wooded,in actuality there are several large mature evergreens in the 40 to 50 ft. size,that with the hill form should be integrated in any type of building siting that is attempted. The.previously approved Planned Unit • Development did reflect this with the use of a medium sized family restaurant integrated into the hill and a large area of the hill and woods being preserved as yard space. The Planning Staff feels that the site plan as submitted for the motel site is unacceptable. As regards the relationship of this project to the Presbyterian Church and the property to the north, both screening of the parking and careful treatment of the lighting for the parking lot area is important. The motel site is located a considerable distance away from the northern lot line as depicted on the plan, however, the site plan will need to be re-worked and the buffering to the northern lot line can also be taken into account at that time. On the central, smaller, quick-stop restaurant site proposed, there is a 25' area left from the northern property line to the parking lot as proposed. There is also a 2' berm shown. • This by itself, will not be sufficient, and at the time of request for rezoning • a 1ti G • • • • • Staff Repprtrind, Millwork Prep. Dev. • Pape 3 Qf this parcel. a more detailed landscaping plan showing dense landscape pplahting should be incorporated. The site of the handball court. which is being proposed for rezoning at this time. shows the building 15' from the northern property line. with no parking included in that area. The zoning • Ordinance requires a 1Q' minimum rear yard setback, In addition, the pro- pimant. for the handball court has mentioned that the handball court building "411141t must be approximately 24' tall will be sunken into the ground one • ;toty, although the architectural plans submitted do not reflect this. In 1iidition, there is to be a 4 foot mounding along the back and side wall the building, to further decrease the effective height of thehuildi.nn. t i6 important that all mechanical equipment on top of the building be completely :greened es an integral part of-the architecture of the building. A detailed landscaping plan showing inclusion of plantings to buffer the wee back • [f:pf the handball courts should be provided prior to review by the City Also, more final architectural plans illustrating elevations of the Coal building as fits the site, and methods of screening reeftep mechanical `;" l�iild be submitted, . • 1 Pro sod larger restaurant on the east side of Titus Road includes ' 6 35 foot wide green space end a 5' high berm depicting evergreen screening • prior to building permit issuance. a more complete and specific I ' landscape and screening plan must be submitted as a part of this site as well. HOWOVer. with these documents to be submitted, showing proper screening. the relationship of these sites to the sites to the north as far as parking screening As concerned, should be a good one. Parking lot lighting for all the sites heuld be low in scale. not to exceed 25' in height, and equipped with cut-off ' linitarSso es to retain glare completely within the project's boundaries. The relationship of the sites to one another and to other sites in the Major Centerg� Area is reinforced by a pedestrian system which is illustrated. A V4 wide concrete sidewalk is shown all along the northern side of West 78th Street and piecesof concrete and sidewalk area between the sites are depicted and do tie into this West 78th Street sidewalk system. In addition, the Staff would syggest a sidewalk to be placed along one side of Titus Road from West 78th St. to the northern end of Titus Road, which will be proposed to dead end temporarily at the northern end of the entrance to the restaurant. SITS There is no storm sewer system proposed and City utilities are not depicted on any of the drawings. Therefore, the City Engineering Department should receive from the proponent,adetailed storm sewer end.utility plan prior to review by the City Council. I . • .. .. • • • Staff Report-Ind. Millwork Prop. Dev. Page 4 VEHICULAR CIRCULATION AND ACCESS The two points of access are shown at: 1. Directly north and opposite of the existing entrance of the Eden Prairie Center. 2. Access to Titus Road, which will be constructed by the proponent. Access for the initial sites to be zoned, the handball court and the large '? • restaurant, will come completely from Titus Road. Circulation from the Central entrance, occuring north of the Eden Prairie Entrance is good for the motel/restaurant and handball court and major access for the eastern restaurant will be from Titus Road. • ORDINANCE REQUIREMENTS • The front yard setbacks for the commercial zone would be 35' and are adhered to. Parking requirements for the handball court are not specifically referred to in our parking ordinance. Howver, if we take an industry standard of approximately 5 spaces per court, and there are 8 courts proposed, you can see that the 36 spaces provided will not be sufficient to meet our ordinance. :. The large 10,000 sq. ft. • restaurant occuring to the east of Titus Road illustrates 96 total parking spaces and taking our Ordinance of 8 spaces per thousand for Commercial establishments, we would come up with a standard of 80 spaces, or taking the standard of 1 per 3 seats for restaurants and lounges , we would typically find that a 10,000 sq. ft. restaurant would have about half of the area in seating space, or 5,000 sq. ft. with about 20 sq. ft. per customer being figured we would find a possibility of 250 seats, or again a need for 83 parking spaces. Therefore, it appears that at this stage, the larger restaurant site has adequate parking proposed. • • Screening of all parking areas is required y Ordinance 178 and plans for the • handball court and the restaurant site must be submitted and approved by the Staff, prior to building permit issuance, and must illustrate screening of the parking areas from-differing adjacent land uses and public roads. The schematic plans as proposed would not be sufficient. FINDINGS AND CONCLUSIONS 1. The entire 8.3 acre site is encompassed in an existing subdivision called Flying Cloud Center Subdivision, which divides it into 4 lots and a 60 ft, road right-of-way called Titus Road. 2. The western approximate one-half of Block 2, lying west of Titus Road, is currently zoned Commercial-Highway. This zoning designation approximately coincides with the motel use as proposed. 111 3. The land uses as proposed are basically in proper conformance with the Guide Plan and Major Center Area Planned Unit Development. 4. The pedestrian system outlined with the addition of a sidewalk along one side of Titus Road would be sufficient to serve the area's needs. • • Staff Report-Ind. Millwork Prop. Dev. Page 5 5. The site plan for the motel site does not properly reflect the existing topography or vegetation of the site, and is not acceptable. 6. Adequate screening of the parking lot in loading areas is not currently depicted. 7. The handball court as proposed does not appear to have adequate parking. 8. The architectural plans submitted for the handball court do not adequately reflect the building as placed on the site. 9. The larger restaurant site lying east of Titus Road did not include preliminary architectural plans for the initial building as required by our Ordinance. RECOMMENDATIONS 1. The Planning Staff would recommend to the Planning Commission recommendation of the basic land uses shown for the Planned Unit Development, with the specific exclusion of any approval for the site plan of the motel site. Further development of plans for the Planned Unit Development should include proper attention to siting . of buildings and screening of parking and loading areas. 2. The Staff would recommend approval of the preliminary plat request for the handball site. 3. The Planning Staff would recommend that the Planning Commission recommend approval of ti, rezoning of the handball court site subject to revised architectural drawings illustrating exact situation of the building and mounding of earth around the building on the site and provision of proper parking spaces for the number of • of courts included. 4. The Planning Staff would recommend approval of rezoning of the larger restaurant site lying east of Titus Road subject to the owner of said site returning to the City Planning Commission for review of architectural plans in accordance with I .' Ordinance 135 prior to request for building permit issuance. 5. The Planning Staff would recommend all of these approvals be subject to : A. owner of the entire property agreeing not to pursue any building of a commercial use on the area currently zoned C-Highway, lying on the west half of Block 2, prior to complete review and approval of any site and building plan by the City Commissions and City Council. B. Provision of an additional side-walk along the right-of-way of Titus Road. C. Payment of the cash park fee at time of building permit issuance for each of the lots involved would be required. • CE:ds 2O1 N _ \ �. y. 'L Axl 1 ,., I tit 74•7a --4, ,•,, Z i f N. �t,,. :i I Jsl.id.Dl.J's � i t��"�'M M1 O �‘ `nj ' ' '` 1 c oay -r.rr ►a 17,;61 tit_ �0 .sue, ,; .` 1 �� _` •. t M 1'-• as %M. t�D. ! + J 8 �- 6fnU e 4 1 4 :l . 1 Li)\ Q7.4 • •. •53 T fVr/ COW !D € ' ot: t. m siu 1 \ i- II 4 r .. �.Os V/ s� c\, o7 e r1 • �. ta ci 4. la:m1 e 't. r•-• \ '`•:''''• (I , • '_` • _ , st a [Nil 9D C... Lu • s ,a•3 ''g te tb .!'` ;ii _, .o it •'s toch S 4 �i CD;:j \ Q 9ir„' \ ''..' " e4 k I . / -.e/ Ni 12O • • • • • • • • • • .0?ct.Z4vb 44 445� C5"Pkk. • REAL ESTATE DEVELOPMENT 7766 MITCHELL ROAD PHONE:,644.1044 EDEN PRAIRIE.MINNESOTA 55344 AREA CODE 612 July 2, 1979 • Chris Enger Planner • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Enger: Attached are 10 copies of the revised Preliminary Plat and Development Plan and the Utility and Grading Plan for Old Farm Addition. These Plans have been revised according to the staff report which you wrote on June 20, 1979. I will summarize the changes which we have made in response to your comments and those ' of the planning commission. 1. Regarding a master landscaping plan we have added trees or shrubs to • partially screen driveways as shown on the plan. Our intent is to soften the drives and car parking area with shrubs or trees as these cannot be effectively completely hidden and they should not be very prominent in that they are well hidden at the side of buildings. We intend to replant existing Nursery stock which is avaiable on site and which consists of ornamental Evergreens, Russian Olive, Ash, Poplar and Maples as well as smaller bushes. We propose at least four trees or bushes at or near each driveway entrance to be selected from on site at the time of building per- mit application. 2. We have eliminated the one car garage unit and will provide all 2 oar gar- age units responding to•your comments regarding off street parking. 3. The proposed storm sewer is now shown on the utility plan. This was re- viewed with the Engineering Department and appears satisfactory. further detail will be provided on final construction plans. 4. Lot drainage is shown on the utility plan as well as drainage and utility easements. 5. The sewer extension between lot 5 and 6 block 2 has been revised after consultation with the Engineering Department. This future sewer will be moved into the rear easement area to allow better grades for carmody's land and will allow it's construction at a future date. 6. The right of way of Chestnut street has boon widened to 60 feet by dedicat- ing an additional 16 feet from this project. The 5 foot concuete sidewalk rboomended is shown. • 7. The driveways which exited directly onto public streets have been changed as recommended. • • YLl ,NP C ;6xlr,4t, dOrfi • • REAL ESTATE DEVELOPMENT 77611 MITCHELL ROAD • PHONE,044-1044 ROM PRAIRIE.MINNESOTA 115344 AREA COMA 51* B. The unit on lot I Block 2 was shifted east to allow 35 feet of driveway space behind the perking spaces. 9t Radii were added at the 9Dabend on Periwinkle, day. 1'O, Lot 6 Block 2 was modified so oars won't back onto the public street. • Its;The PUD designation on C—Comm for the corner lot was left as originally presented. Since this use'is consistent with city sector plena for this =' area we will leave this decision up to the City Council. If the council 'determines that they do not wish to commit this lot to eamsereial use at this time we will revise•the plan to show lots 10 and 11 Block I out lot • for future zoning and land use designation.. These two lasts are the lots • shish are encumbered by the life estate of Mrs. Mitchell. 1.2,; We will agree to the payment of cash park fee consistent with existing Ordinance in effect at the time the building permits are issued. • 13. •After•receiving comment from you and the planning cnmetewton and after d#a- 11. suasion with the builder ws have decided that a home owners association will be provided for control of maintence of buildings and property. Please present these revised plans to the city council for their sow. sideration. We hope to,be able to present this project to the council and j7.art*Rve action on the night of the public hearing so that we can proceed as soon possible with building construction. • Yours Truly, Donald R. Peterson • Dirlam Properties. Inc. • • • • 2 3 p r ► �r r t fir_ Ili t t.'.:.2, FR 1 ..... ...., . , _ ..,:_ , . ( it 16 • , # \\„ 1 - Ti!//, . ,!/'' 7/ • //// .0 „. 1 / / / ' 7/ /d* .. : ,X• \ ///,' , ////// (//:/ r / /i • • • - / AIL j /� ! f 6 lir gin�TNee : � ��w� • • • • STAFF REPORT • TO: Planning Commission FROM: Chris Enger, Planning Director • DATE: June 20, 1979 PROJECT: Old Farm Addition APPLICANT: 0irlam Properties, Inc. J`OCATION: Southeast corner of Chestnut Drive and Mitchell Road REQUEST: 1. PUD Concept approval for Community Commercial on .8 acres and residential multiple on 13.8 acres. 2. PUD Development Plan approval including rezoning of the residential multiple portion from • RM 2.5to RM 6.5 for 19 four-plexes and preliminary • platting. ' BACKGROUND: • The 60 acre Planned Unit Development (Old Farm 72-02) was approved in March, 1972 with the following stipulations: 1. The concept be approved for the 59.3 acre site with an overall average density of lOunits/acre or 595 units. 2. That varied building types be used on the later phases of the project to fit the terrain. 3. The approval of RM 2.5 zoning on the phase 1, 14 acre parcel located adjacent to Mitchell Road 4. The approval of the phase 1, 186 unit two story apartment clusters as presented to the Commission. (Resolution # 505) As outlined in number 3, the 14 acre parcel now under review was rezoned to RM 2.5 ( see figure 2). Iodate no building has occured on this 14 • acre piece of the the 60 acre PUD. Building has occurred to the east of this site upon the Parkview Apartments , phase 1, Burning • Tree Club Apartments. The Burning Tree Club Apartments are anticipated to be constructed this year and will contain 64 units of rental apartments. • • 22 0 , • Staff Report-Old Farm -2- June 20, 1979. 0 Figure 1 Location tit tee. Z., PR�c L ! I _ d''2PRlc ? _ / 1B-9,I6.10 ` C1P5 T. -- „ •- /� PUB 'mad— _ -.- ' NI �a .-=[a3 4 I70 - - . s ND wan '"' J1J.2.5 R.M.-6 _- -:„Ass ' D i is j " _ P ; te � � , pU D -II" % 7- Pipe ` i6p '�hrton -:Ii , . I n � Ja .: BParkvieh ` y --=b14.5.16 to. �+1 a 11 { OLD FM Apts. 7, _ _ _ - w �fk pi Pheasant Oaks ___(//...., --";----:r. - M ' I Centex iN1 a Figure 2 Previous Old Farm Apartment Approval Soot% . NCEFT STAGE - Development Phases vem•as•. FRUr1KsA�+t`i��s+••• , 99 Os ps ase I - Locate] on the l'most westerly 14-acre fJ; � (��, � I rtion of the tnact,fronting on Mitchell Road "" ° I} '� 9 excluding an ap iitely one-acre square i I d :eel at the northernmost part of the Mitchel 1--J�� 'f - • I 1 : �:i id frontage. This phase will have all two.- ,r - l- '/,/ t sy structures with the garages inside the 'i'�4//-17 1. 1:0 ' .'• . 1d' s. A swimming pool,mmmrni.ty bui ,\' / •; %- lding, O }/ id*'s play areas and other recreational \ '" �'r"►' ilities will be provided. The nntieipatcd - . (r ff. units will be rented to middle-income tern_ ' '"�'"� �,�-' `1.l Staff Report-Old Farm -3- June 20, 1979 Background, continued• 1968 Guide Plan depicted this site as residential, low density. 1972 PUD and Redrock Sector Plan designated this area as medium density residential 1979 Draft Guide Plan depicts this site as medium density residential. EXISTING SITE CHARACTER Vegetation The site has previously been used to grow nursery stock. Ornamental trees shrubs, cottonwoods, elms& evergreens of medium height occur throught the 14 acres. patch Elm Disease The few elms trees existing upon the site do not yet show signs of disease. Soils SThe Estherville soils occuring in the eastern portion of the site have good • bearing capacity and possibility of high water table (3-5'from the ground surface) during wet seasons. • • The Gray soils occuring throughout the center and northeast corner of the site have fair to good bearing capacity and therefore need extra wide footings for foundations. Hamel Loam soil exists in the extreme southeast corner. These soils are characterized by high water table, high hazard of frost heave, and can only be developed sucessfully without wet basements if the water table is lowered or foundations placed above the water level. Topography The 14 acre site has a high elevation of 875 and a low elevation of 858 occurring in the southeast corner along the stream bed. • Minimal grading will only be needed to prepare the site for lots and utilities. S • • • • Staff Report-Old Farm -4- June 20, 1979 OROINANCE 135: District RM 6.5 Ordinance Requirements Project Compliance 13,600 sq.ft. lot size 4-plex lots range from 6,500 sq.ft./unit 26,023-30,380 sq.ft. • (all above minimum lot size) minimum lot width 90 feet • lot widths 130-150 feet miinimum lot depth 100 feet lot depths 175-217 feet (B2 L6 has 50' frontage) Setbacks: 30' front 30 front 10:25' sides 301- feet with parking on sides 20' rear 30+ feet rear 'Lot 6, Block 2's 50' frontage could be increased to 90 feet by removing 20 feet of frontage from Lot 5 and Lot 7. Ordinance 141; Parking Ordinance In the RM 6.5 District 2 parking spaces per dwelling unit are required by ordinance with at least 1 enclosed. In addition, under Subd. 12.5. A., of Ord. 141, "each parking space shall have unobstructed access from a street or aisle without moving another vehicle . " Since some • of the units shown include a double car garage for each unit and a double driveway behind each double garage, at least 1 of the spaces within the double car garage should count for the enclosed parking space required by ordinance, since there is a double driveway behindit'which will allow for unobstructed access for one of the spaces. Therefore, the units with the double car garages and double driveways meet the ordinance; however , the units illustrated with a . single car garage for each unit would only have a single driveway • lane per unit behind each single garage per unit. Unless additional parking spaces are provided in order to leave the covered garage space unobstructed, the proposal does not meet ordinance requirements. A similar project is the Hipps project ( duplex lots ) west of this proposal. From reviewing the Hipp's units providing only single car garages per unit creates a problem when rental of individual units by a Cumber of different parties precipitates a large number of vehicles being parked uncovered and unscreened. For this reason the Planning Staff would recommend as many units as possible include double car garages and the provision for hard surface parking which would not occur within the front yard setback. In addition all narking areas should be screened from public roads. A master landscaping plan.should be submitted to the Planning Staff prior to City Council review. The 44rreeet ,pan, Preliminary Plat 6 Development Pianos not adequate for this •• Staff Report-Old Farm -5- June 20, 1979 • SITE PLAN The proponent has submitted no storm sewer plan for review by the City Engineering Department and this must be submitted prior to review by the City Council. Included with the storm sewer plan should be a drainage plan which illustrates direction of drainage on each individual lot when fully developed. Drainage and utility easements should be illustrated en the preliminary plat as well. On the utility and grading plans between Lots 5 and 6, Block 2, there is a future sewer extension shown in a drainage and utility easement. Since the development plan illustrates d driveway covering this easement, sewer service must be installed from Periwinkle Way south between Lots 5 and 6 at time of development of this plat. Chestnut Drive bordering the project on the north side is currently platted as a 44 foot R.O.W. with the entire width having been taken out of the Atherton subdivision. Since there will be a requirement for a 5 foot wide concrete sidewalk along the northern boundary of this project within the street right-of-way , an additional sixteen feet of right-of-way should be 11/ dedicated to the City from the plat as proposed to bring Chestnut Drive to a total right-of-way width of 60 feet. There are 3 lots which depict a driveway accessing to public streets a total of 45 feet in width. These lots are all located in Block 1; Lots 1, 5 and 7. Lot 1 should provide a driveway lane south to Periwinkle Way similar to Lot 1, Block 2, lying adjacent and directly south across Periwinkle Way. This would not only preclude direct access to Mitchell Road , but would reduce the width of a drive entering a street from 45 feet ( which could not be screened) to 16 feet which would allow screening of parking. Lots 5 and 7 should also be modified either by.turning the buildings , or by bringing separate lanes from the larger parking areas 16 feet in width out to a public road. Lot 1 of Block 2 should have the unit shifted further east to allow at least 32 feet of driveway space behind the double car garages on the west side of the unit. Similar adjustments should be made on other lots where this condition exists, such as Lot 1, Block 1 & Lot 10, Block 1. Periwinkle Way right-of-way as it makes a 90 degree bend should include radii in the right-of-way line which parallel the curves of the road rather than straight 90 degree bends. Lot 6, Block 2, should have the units and driveways placed so that cars backing out of garages and driveways to turn around and enter public roads head-on instead of backing out into traffic. ?1 1 0 • • • • Staff Report-Old Farm -6- June 20, 1979 11/ Planned Unit Development Concept Approval, C-Com Both Lots 10 and 11, Block 1 , are to be held in life estate, and lot 11 is proposed for concept approval of Community Commercial. The plans for use of the .8 acres of Lot 11 as a neighborhood commercial service area is consistent with the Red Rock Sector Study which shows the general area Surrounding the intersection of Chestnut Drive and Mitchell Road as a village center. ' This center was to include a elementary school, park, personnel services , and perhaps a church. The City has acquired park On the west side of Mitchell Road, and plans to pursue acquisition of larger pieces for a neighborhood park ( potentially as a neighborhood school/park) inclusion of a personal convenience center of about 6,000 square feet on this corner would be consistent with the Red Rock Study. mkt The Community Services Staff is recommending the payment of the cash park fee of $250/unit at time of building permit issuance for this project , and is not recommending a tot lot because of its close proximity to the • anticipated neighborhood park site west of Mitchell Road. They have also recommended the proponent construct a 5 foot wide , 5 inch deep, concrete sidewalk within the right-of-way of Chestnut Drive along the northern boundary of this project from the eastern property line over to Mitchell Road. This sidewalk should be constructed at time of utility and road construction. ' MAINTENANCE AGREEMENTS, EASEMENTS, OWNERSHIP The proponent does not intend to establish any type of umbrella homeowner's association for the project. Since each of the buildings'is a quadraminium and the intent is to allow the flexibility to sell individual units or rental of individual units, a question of how common maintenance would be accomplished for the entire building as well as shared parking and driveway areas is left unanswered. The be submitted forrevi � Staffng feels review by the City Attorney ftominsure of agreements will have to common maintenance FINDINGS AND CONCLUSIONS • 1. The proponent must submit a detailed storm sewer and drainage plan to the City Engineer for review and approval prior to review of this project by the City Council. 2. An additional 16 feet of right-of-way on the north side of this plat must be dedicated as part of Chestnut Drive. 3. The cash park fee of $250/unit, or whatever amount applicable, must be paid. 4. At time of utility construction, the proponent shall place a 5 foot wide 5.inch deep concrete within the right-of-way'of Chestnut Drive. • • 111 Staff Report-Old Farm -7- June 20, 1979 5, Prior to review by the City Council, the proponent Should submit a detailed landscaping plan which will illustrate screening of the off-street parking areas. 6. Lots 1, 5,7,10, Block 1; Lots 1 and 6, Block 2 , should be modified in terms of drive and unit locations as described in this staff report. 7. The proponent must install a sanitary • sewer line occurring between Lots 5 and 6 of Block 2, at time of utility installation within Periwinkle Way. - 8. Lot driveways must be designed so as to provide 1 unobstructed • covered space for each unit, and at least one unobstructed space which can be uncovered ; all parking is-to be provided at least 10 feet from any side lot line, and not within any front yard. 9. The PUD Concept request for the neighborhood commercial center is consistent with the land use planning for the area, however, prior to rezoning detailed plans must be submitted to the City for review and approval. .:::: *10 -13. RECOMMENDATIONS The Planning Staff would recommend approval of the request for preliminary plat of 19 quadraminium lots and 1 neighborhood commercial PUD lot, and rezoning of the 19 lots from RM 2.5 to RM 6.5 , and approval of the PUD Concept for • neighborhood commercial in the southeast corner of Chestnut Drive and Mitchell Road subject to the items within this staff report. s. CE:ii *ADDITIONS OF NOS. 10 - 13 AS PER PLANNING COMMISSION MEETING OF 6/25/79. 10. Lots 10 and 11 of Block 1 be designated as outlot, with no recommendation as • to future use. • 11. Submission of maintenance agreements. 12. City Engineer approved alignment of Periwinkle Way with public or private access to the north of Chestnut Orive. with re-submission of plat if align- ment alters the number of configuration of lots. 41 13. 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''i • • COMMISSION MEMBERS PRESENT: Vice-Chairperson Liz Retterath, Oke Martinson. George Bentley, Matthew Levitt, Hakon Torjesen COMMISSION MEMBERS ABSENT: William Bearman and Virginia Gartner Unapproved Planning Commission Minutes - 6 - July 23, 1979 C. LEPARC, J.C. Kohlrusch. . . .public hearing (cont'd) Bentley questiored #13 of the staff report. The Planner responded that buildable lots must be within constraints of state and local • standards, and when approval is recommended of industrial lots, it • is given with the idea that the developer will have to make the lots acceptable for building. • Bentley asked about storm drainage provisions, with Hush responding that a -skimmer man hole is included in their plan. • Bentley inquired further on whether the proponent had property owners' permission for storm draining ponds. Husby responded they do not have that permission yet and do not have an alternate plan. The Planner added that all owners should be aware of where the street holding ponds will be. The differences between the I-2 and I-5 zoning districts was discussed, and Husby explained they are requesting I-2 rather than I-5, because the I-2 district gives more flexibility in building. allowing more parking spaces. I/ Torjesen questioned constructing a road subject to Shady Oak Road and what happened if the developer reached the point of poor soil and could not complete the road. The Planner responded that the City is bonded that road be completed. Mr. Jay Kohlrusch, proponent, commented that according to Braun Engineering, • the road can be completed. The Planner added that the City will not take over maintenance of the road for about 2 years. MOTION #1: Bentley moved to close the public hearing on LeParc preliminary • plat. Martinson seconded, motion carried 5-0. MOTION #2: Bentley moved to recommend to the City Council approval of rezoning from Rural to I-2 as per the plans dated July 2, 1979 and July 23, 1979 and staff report of July 19, 1979, contingent upon property lines for storm sewer lines from adjacent property to the west. Martinson seconded, motion carried 5-0. • • MOTION #3: Bentley moved to recommend to the City Council approval of preliminary plat dated July 2, 1979 and staff report of July 19, 1979, with the same contingency as in MOTION i2.Martinson seconded, motion carried 5-0. D. MITCHELL HEIGHTS TOWNHOUSES, Ryco Development Incorporated, request to revise the Mitchell Heights PUD (72-3) (zoned RM 2.5 for 94 units of multiple family upon approximately 15 acres) and preliminary plat the property. A public hearing. Mr. Donald Gill, Director of Development and Marketing for Ryco Developmemt Incorporated, introduced the architects for the project, Mr. Bill Dolan and s Mr. Ralph Rutiffson, Koehnlein, Lightowler and Johnson Inc. ;. 1.7 1 • • • Unapproved PLANNING COIMiISSION MINUTES - 7 - July 23, 1979 I) D. MITCHELL HEIGHTS TOWNHOUSES,. . .public hearing (cony) Mr. Dolan presented the proposal and explained the history of the site as related to the 1972 PUD. Their plan is for 92 townhouses, which is 37% of what was originally proposed, and'.will include a Homeowner Association and an umbrella type Association to cover recreation and swimming pool. t • The project includes "clustered areas" and "view units", and they will be petitioning the City to construct the Anderson Lakes Parkway extension as relates to their project. Their intention was to put in tot lots throughout the units, and additional guest parking areas. • The Planner discussed the staff report recommendations, explaining that • one of the main concerns is that the 2nd phase is contingent upon the construction of Anderson Lakes Parkway extension. For a complete review of the proposal, he requested a grading plan be submitted, and also suggested that it would be beneficial to tie the two phases together by the inclusion of a "knock down barrier" in order to be open to emergency vehicles. Alignment of Anderson Lakes Parkway was discussed, and the Planner explained where the Parkway was proposed to occur. Bentley questioned the amount of high density residential in this area. The Planner explained the background of the land according to the Major Center Sector Study. Dolan responded to staff recommendation of connection between the two pro- • jects, explaining they do not object to this, but would like two separate Homeowner Associations, and added that they do not want a road connecting to the apartment complex. The grading between the two projects was questioned, and Dolan responded there was about 15' difference between the two. Screening of recreational vehicles was discussed, with the suggestion of regulating this by restrictive covenants. Torjesen expressed concern that the City could be overly restrictive to residents who have opted to live in this area. Ms. Lois Velasco, Vice-President of Ryco Development Incorporated, explained she has been working with multiple family housing around the Metro area, and said that restrictive covenants are not unusual. One of the residents from the area expressed concern with the high speed • of some vehicles on Mitchell Road; the.need for a park; and eras not in favor of providing parking spaces for recreational vehicles in this area. The Planner commented that a landscaping plan will have to be submitted before consideration by the City Council. In response to proponent's concern with a tight time frame, the Commission was in agreement that they could request a public hearing before the Council as soon as possible, providing the proper materials were submitted first. Unapproved Planning Commission Minutes - 8 - July 23, 1979 D. MITCHELL HEIGHTS TOWNHOUSES. . .public hearing (cont'd) MOTION: Torjesen moved to continue the public hearing on the preliminary plat for Mitchell Heights Townhouses dated July 5, 1979 • to the Planning Commission meeting of August 13, 1979, with the contingency that the proponent may request a public hearing before the City Council at this time. Levitt seconded, motion carried 5-0. Y«. PETITIONS AND REQUESTS • YI, PLANNER'S REPORT A. OLD FARM ADDITION, revisions to street system, The Planner explained that this project was previously proposed and action taken': One of the concerns was the coTlneCtitln to the south, and where the road comes out in relation to the Atherton: Townhouse/Chestnut Apartment entrance. Upon direction by the Mannino '- Commission, the staff has met with the property owner to the south to resolve the connection. Commissioners directed Staff to relay concern of Planning Commission to Mr. Peterson on styling and "barracks" effect of the proposed houses. UPCOMING PROJECTS The Planner briefly.sumnmrized the following projects upcoming for August 13th meeting: Gonyea Invest. Co., Overlook Place by Rusted, Richard Anderson's Third, Fourth and Fifth Additions, and Hidden ilea. VII. OLD BUSINESS - None iVI-II-: NEW BUSINESS - None IX, ADJOURNMENT MOTION: Torjesen moved to adjourn at 12:00 PM. Bentley seconded, motion carried unanimously. S MEMORANDUM )TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: June 29, 1979 . SUBJECT: Development Proposal Check List' PROJECT: Old Farm Addition Pam': Dirlam Properties, Inc. : PUD Concept approval for Community Commercial on .8 acres, and residential multiple on 13.8 acres. PUD Development Plan approval and rezoning from RM 2.5 • . to RH 6.5 for 19 four plexes and preliminary platting. It, S. E. corner of Chestnut Drive and Mitchell Road BACKGROUND: See Planning Staff Report of June 20. 1979 • CHECKLIST: . 0 1. Adjacent to parks? (Neighborhood, Community, Regional) neighborhood mark Affect on park: Across Mitchell Road from future Red Rock Neighborhood Park. This will increase demand for this park and facilities. 2. Adjacent to public waters? no Affect on waters: N/A 3. ,Adjacent to trails? Trail on west side of Mitchell Road opposite thjs site. Type of trails: (bike, multi-use, transportation, etc.)multi.use Construction: (asphalt, concrete, wood chips, aglime) a wlt Width: 6' Party Responsible for construction? City Landownership: (dedicated, density tradeoff, etc.) A.O.W. Typo of Development? (residential, commercial, industrial) residential ii ' Where will CASII PARK FEE go? (what neighborhood) Red Rock Need for a mini-park? No, directly across from a neighborhood Park. • .„ . , - , • • -2- S. REFERENCE CHECK: I/ a. Major Center Arca Study: N/A • b. Neighborhood Facilities Study: RN' Rflrl. mmebnr%flod p„u .41t .e-ve this development. c. Purgatory Creek Study: N/a Shoreland Management Ordinance: N/A ' • FIoodplain Ordinance: N/A • • _ . f. Guide Plan: 1979 depicts this area as medium density residential. g. other: 1972 PUD and Redrock Sector Plan designates as medium density residential. 6. Existing or pending assessments or taxes on proposed park property: N/A • 7, CASH PARK FEE? $250/unit payable at time of building permit. 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: Neighborhood opinion voiced in opposition to the Community Commercial lot. 9. Number of units in residential development?19 quads/76 units Number of acres in the project? 13.8 acres/residential, .8 acres commercial Special recreation space requirements: No 10. STAFF RECOMMENDATIONS:Staff recommends approval as per Planning Staff Reyort of June 20, 1979. 10 • • • • • Minutes--Parks, Recreation & approved July 2, 1979 Natural Resources Commission -3- 3. Round Lake Park Fifield reported that he is presently working at the concession stand at Round Lake Beach, which gives him daily contact with park users. Two main concerns have been expressed a number of times. First, the need for a source of water for picnicers, tennis players, and beach users. Secondly, the need for trash drums closer to the beach to discourage tittering; Fifield suggested a drum placed near the lifeguard chair would be effective. Lambert agreed that another trash drum could be utilized. The water problem will be taken care of with the development of the park. An irrigation system is being planned for the fields, and a new well will supply water for both. The city received confirmation from the school indicating they had approved the language in the draft of a letter allowing development of some ballfields on the school property. It now appears that the development will begin late this summer or in • early fall. B. Reports of Staff 1. Old Farm Addition Development Proposal • Mr. Don Peterson presented the plans for Dirlam Properties, locating the proposed project and reviewing the reasons they feel quadraminiums provide a needed housing opportunity. On the approximately 14 acre site, there is an old farm house in which the occupant has been given a life-estate. They propose that when this 8 acre site is ready for development, a neighborhood convenience center could be built. They will not request commercial zoning until they could begin development. He noted that they decided to incorporate buildings with double garages thoughout, and that a Homeouner's Association would be incorporated for maintenence. He directed a question as to the type and location of the proposed park for the area. He noted that present homeowners in Atherton have negative feelings about the park--they are sceptical about when it will be built. Lambert told him that Red Rock Park is planned as a neighborhood park-- to include playing fields, tennis courts, etc. At this point, it is at least two years until aquisition can begin, unless there is a successful bond issue. The owner of the property has indicated that he is not ready to sell for at least a year, but he does intend to sell to the city for park purposes. He suggested that the commission could note that the residents are feeling negative about the possibility of a park in their neighborhood; and ask the Council to direct staff to inquire about or secure an option on the property. Dave Anderson asked if Homeowners Associations are standard in this type of development. i Peterson told him that is howmaintenence is handled at The Beaches, New Horizons, and other similar'developments. ?.'2e) • Minutes--Parks, Recreation b approved July 2, 1979 Natural Resources Commission -4- Kruell observed that housing was not varied, with only two types of ground floor layouts. Also, he felt that when housing is developed adjacent to a future commercial site, the seller should inform the • buyer of that future development. Peterson replied that they are aware that there will be opposition from neighbors to the commercial site, but that the Planning Commission had suggested rezoning at the time of development. ' Kruell asked about the Cash Park Fee designation. Lambert replied that when residential developments come in and pay a - - Cash Park Fee, wa are committing development of a park within one half _ mile of their development. However, in the case of commercial or • industrial payment of the fees, the money can be used on trails, or • city-wide park development. MOTION: Dave Anderson moved to recommend to the Council approval of theOld Farm Development Proposal per the staff report of June 20, 1979; and that staff inquire about the possible aquisition of an option on the property for Red Rock Park. Kruell seconded the motion. DISCUSSION: Dave Anderson noted that he included the inquiry about park ' property to give the Park Bond Committee help with figures--an option or purchase price would help in planning. Also, the area is being developed rapidly, and an option would be good insurance. VOTE: The motion carried, with three in favor, and Fifield opposed. Fifield stated that the proposal received his no vote because of their • intention to ultimately develop a commercial site in a residential area, which he felt was inappropriate. 2. Summer Registration Recap Lambert presented the report submitted by Sandy Werts on the registrations for summer programs to date. Dave Anderson asked if there had been any feed back from the Teen Program. Lambert told him he would check into it and report back. No action required. 3. Removal of House at 8698 County Road 18 NOTION: Dave Anderson moved to recommend to the Council that the house at 8698Tounty Road 18 be turned over to the Eden Prairie Fire Department 41 for training purposes, since the staff has tried twice to bid for removal and has never received an offer. Tangen seconded and the motion passed unanimously. ) 1 �� ,_ «,,c m c . _ l , YT it s HF q CITY OFFICES/ EDEN PRAIRIE ROAD/EQE�RAIAIE.MINNf,,7iA 56944/TEkEP E 1612I R37.2262 ff s i f a�+'..�) ���-- .r t?,I,,,,,,, d • �, P�t.— 9..�1 i�1=6,• e.e-w e .�� yr L.�•-2-�'`�.'�."cti) exil a l-t-pc c_.:.,?,F C•_C' 1 i 1-.G 4.1 L........r .9. , .,•L , Li F jw , / ..� Kr./L-c.�Le,., `ate': C!t'A-.�+.1 •.,.A* Q.0•.�-•.ryo List—....� 7 i. 7 • 4 �p .,-.a..:j.�`-t% ,,--'-h C.• -4-4--,Gt:reg' <.- .14 o-----j •-L 4%!f�'4 -r 6 ,� J . ec- -',.a--a.,-a!.�•.c G t.� ear-ye-ziJt,•Qs.A-c'..c_r-yF C��'c�►..:.t•..!-= '. (. •f 6 iCe 4---...��-.<t•- .: X_,,. ..�a.�..S x // ,�l+tr / ✓ � .i.,-c<e,( 4. ! • r `- 1 _ -)20 ..f" A m-- `"t'-- -. • - � . ,� / '67 r� lots • a..a-ESL .✓".i`7-`Js 4...�,: . '`.'.�" 411 ;.z-lra.�.., '`/ 1 d Morton E.Layer . • 14240 aietmuI Dave , ; , ' ..4.w• ' Edon PokingWI 5534+I . / r I ... ki • June 22, 1979 17, Planning Committee, Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Mi-nesota 55344 • Dear Committee Members: • We are very concerned about the rezoning of One lot for community commercial on Mitchell Road and Chestnut Drive. to feel we have very amply shopping faci. iti.estrst a short distance away. With the additional housing, '.Ding built on Mitchell Road, the traffic is .going tt be a problem without the constant hack and fcrth,traffic which a quick food store etc. may cause.. Also, thi • type of business has a history of vant1 i isms AAA .a youth hang out. me wish to protect the present value of our property» Most of us homeowners have purchased at Atherton because ' it is away from the commercial enterprises and 3.s cuff the highway and "a lot of traffic noises. we ask you to give this more consideration on the ' rezoning for a community commercial lot. is Thank you. Sincerely Muriel {Fist 14238 Chestnut Drive • Eden Prairie, hill Ika�` • - - -.-'''Y. `-2. . ''.---- -••• : 2:-,--.=. .:....••- " .,_, --,-. -.1.' -,-.:- - -I -•--. ---1-'-'-..' ' '.''-' - '1,-,. ' ,:- . ' ...... :.i-•- - '- • -....7'. _ . . ., _ . I .., cl. .1 .•.:13 ,.... . .., 1,--, ..,. -• t c .' ‘- r-. '.....1 .... .-- •-, 1 •i 1 I 11 .e.le i ...-,... • -. .., ," • ... . i t . . .... ) c-7," ;...,i.'••• ••• _ --•, , ,... el .1 .4•%1 ,..). :II .' 1 • q.\ ,. . _. A. dl , .,, , , J• .1 ...:, '. 1 ‘.4 G) j . 1 2 ....... . . ...h.:1...V"; ..'- / : . ': -'•• 'i i '' ....., ,.\,•• . ,...s. -..i. , •..., t. _ ...r . ..., •• ..,,,,,, •... i c' i •4_, -4 . . ft":- ":-:* .7 .••!: . 1 1' C'''''') ‘;':) !,',.. '...lf: __GE , .. •Ji , , . • •::-.".t;'",---•;•--, •••:..../:-,1,-,j.7. ',. • • • • • F375 Mitchell Rd, Eden Frairle, MET: JkG July 15. 1979 . '; Prairie City Hall • • 't 'tr ity Council a T� NdCsn prairie Rd. • .9'1`'City Council, I trust that you are enjoying the Minnesota summ$T` • `+, .: nice single family dwellings: that no doubt are ... 3 tend d by other single family dwel�:ings, I o ly wirall : ld say the same for my single (amity dwel3ing, On one side, the Chestnut apartment o-omplex ia.10- Z5 a' and are the opposite side rows of double bur lows` being built which look more like huge rlting 1cts' .b:mane of their ample and extensive driv'ewa ea. Now you are contemplating putting a small drive in upping center into what amounts to my backyard, Could you please tell me who is respoa�sible for :this unique zoning concert o8 surrounding owner oc uied single family dwellings with rental and commercial pr u- ez t 7 Thankyou, s. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.79-141 RESOLUTION APPROVING THE PRELIMINARY PLAT OF OLD FARM ADDITION BE IT RESOLVED by the Eden Prairie City Council at follows: That the preliminary plat of Old Farm Addition *ted' May 28 , 1979 , a copy of which is attached hereto and amended • era:#el1DNS • r. • • • is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the 7 day ofAUgUst 19,E Wolfgang R. Penzel, Mayor John D. Frane, City Clerk SEAL • 2224. R+' • • • • . 7-2b-I9 Alpine Estates 2nd Addition • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and between TIMOTHY A. GAGNER, hereinafter referred to as "Owner" and . i . the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to plat and develop approximately... ..... _ 8.5 acres zoned R1-22 more fully described Outlot 2 ,Alpine Estates , and hereafter referred.to as "the property", and • WHEREAS, Owner desires to plat the property into 3 single family homes. NOW THEREFORE, in consideration of the Mayor and Council of the City • adopting Resolution i79-63, Owner covenants and agrees to construction upon, IP development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated June 26, 1979, reviewed and. approved by the City Council on July 3, 1979, and attached hereto as Exhibit A, subject to such changes and modifica- tions as provided herein. • 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, "covenants, agreements and conditions set forth in.Exhibit B, attached hereto and made a part • hereof. 3. Owner shall convey to the City by Warranty Deed,.or dedicate to the public as part of the final plat, that part of the property shown as 60 foot right-of-way for Alpine Trail, as • depicted in red on Exhibit A, upon filing of the plat or immediately thereafter and prior to issuance of any building permits. • • • Developer's Agreement-Alpine Estates 2nd page 2 4. Owner shall assume the cost and responsibility of extending the asphalt paving of Alpine Trail from its northeast terminus to the easterly lot line of Lot 1, Block 1 extended southwesterly. The driving surface of said extension shall be 28 feet wide and • shall be constructed with 6 inches.aggregate base and 2 inches • of bituminous wearing surface. 5,. 'Owner shall install sewer and water service which shall be below the surface of the ground no less than 6 feet for sewer and 8 feet • or water, or in the alternate shall be insulated according to CiijrEngineer's recommendations so as to prevent weather or Dther damage to said utilities. Any house built on Block.l • s. or 1 as on ExhibitI shall be hooked up to said surer and . ter service. • shall.not construct or permit others to construct upon Block I .... �.° or 2 of the property as depicted.on Exhibit A any structure within • '41. feet of the right-of-way of Alpine Trail as extended. reeler shall comply with side and rear yard setbacks as required by City ordinances. • • • • • • • • • • 'r I 9 L . - Developer's Agreement-Alpine Estates 2nd Addition page 3 • IN WITNESS WHEREOF the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota • . BY: 'Wolfgang H. Penzel, fs Mayor BY; . STATE-OF MINNESOTA • Roger K. Ulstad, Its Manager • SS. COUNTY OF HENNEPIN . The foregoing instrument'was acknowledged before me this day of , 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the Manager of the "City of Eden Prairie on behalf of said corporation. Notary Public • p . TIMOTHY A. GAGNER, Owner —_ �------ STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 1 day of • 1979, by Timothy A. Gagner, Owner . - 1.., ,',: 1;.•,..) • 4 Vz9,1144,4041....-- ._ .4 { No, ry 'Public • • 2,,:fy • • to r,\,• � \" 1 ‹..;.\\N,..,........ i . :• \ • ‘ •. _ ‘.41:41101 i \• / :74\ 4 \ . � 4 . . \\\ . • .Aik \ . 16 ;4',:4;; .11,*r..„ ' \\iiiritot •„, • 1 . Aft i ' .11.,.' 41Xk• ...iiniik.A0 \ • , 2.' ':••1 I ' f A,i - _— —"----"._;,X,.. , . :._ ,„ v4.4.,-4,- ::::::;,-',..::•••!,." • r w 1�•� ,, / fr1,14v,,,4. 400 s,,,„,./` ......... ...." 1111,\... 't '-'t.t ..,.. 69'I • • / • l •.''' i A--::-.:7-**Ns----' ,i,t 4 *'‘ '‘',,i, \ ,..:-..7,:-:-1: ,. .., f 1 i '\ ..,,))0,1 ;\\, ‘..), G. ;; t.\ to c u it,/,' \''‘fii,‘:"..A.. • q I / e • Y !� ax { '‘ tit .-. • --‘;5, • 'c•-••-,.., . '') \'''''.:-,):••.,10, ' '.-% ,.-;'...-,:i )::).1 ,. ...-.7..,--., �' f ✓r7.; '' , • :::, t �,�*,�';�j�' :,.,,,,,,,•..- .,":,..;„.:,,,,',..",,,,... -• t ,..6- 7- ..,..„... Off .• ill /,. +' at .... • • ..... • . • , . . .\ . .,.. I a • • DE.VELOPER ' S AGREEMENT EXHIBIT e • • page 1 GT • I . Owner shall submit detailed construction and storm sewer • . plans to the Riley-Purgatory Watershed District for review and approval. Owner shall follow all rules and recomhendations of said Watershed District. •' II . Owner shall pay cash-part fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, • the amount of cash park fee applicable to the property is $325 per lot . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. X. All sanitary sewer, watermain and storm sewer facilities, streets • curb, gutter, sidewalks and other public utilities("improvements") to be dedicated to the City shall be designed in compliance with City standards a registered professional engineer and submitted to the City • Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof. - Prior to final plat approval, or issuance of building permits, if no final plat is required, the Owner shall: • A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The • amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improve- ments. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. I Said bond or letter of credit shall specify that said • improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to reconnendations • of the City Engineer and to receipt by the City_ot the • Owner's warranty, guarantying such improvements 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 improvements in such form as shall be acceptable to and containing such ` further terms as shall be required by the City. B. In lieu of the provisions of subparagraph V.A. above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the improvements to be dedicated to the City. Upon' approval by the City Council,.the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public,over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading •of streets included in the improvements to a finished sdbgrade elevation. Lontractor's performance of the rough grading work shall be secured by a bond orletter of credit which shall guarantee completion of the rough grading as determined by the City Engineer. The amount•of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such • form and contain such further terms as may be required by the City Engineer. C. Submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, - •streets, sewer, water and storm sewer preliminary align- ment and grades, minimum floor elevations on each lot, drainage ponds, high water elevations, and arrows show- ing direction of surface drainage, locations of trails, etc. • D. Pay to City fees for first year street lighting (public streets) engineering review , and street signs. IV. Owner shall file this Agreement with the Register of Deeds or Registrar of Titles 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. V. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of ._„ _ g filing in accordance with item VI. hereof, no buildin permits shall be issued on Block 1 and 2 descrf6ed on Eihib1t E+ VI. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns 41 of the property herein described. VIi. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens;and other encumbrances, except: . • • • • • (1u71 • DEVELOPER' S AGREEMENT • THIS AGREEMENT, made and entered into as of ,1979 by and between THE PRESERVE, a co-partnership consisting of Carter & Gertz, Incorporated, a Minnesota corporation and The Minnesota Gas Company, a Delaware corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE. a municipal corporation , hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to plat Block 1, Lot 1, Preserve Center Addition into Outlot A of .78 acres, Outlot B of 3.54 acres and .68 acres of road right-of-way, .hereinafter referred to as "the property". NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Resolution 79-111, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated March 1, 1979, reviewed and approved by the City Council on June 5, 1979, and attached hereto as Exhibit A, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit B, attached hereto and made a part hereof. - 3. Owner shall convey to the City by Warranty Deed, or dedicate to the public as part of the final plat, that part of the property shown as 50 foot right of way for Alpine Trail, as depicted in red on Exhibit A, upon filing of the plat or immediately thereafter and prior to issuance of any building permits. 4. Owner shall redesign and construct the intersection of Preserve Boulevard and Anderson Lakes Parkway in accordance with the City Engineer's recommendations and subject to his approval. Said realign- ment shall be reviewed and approved prior to review of any development proposals upon the property and construction shall be prior to issuance of any occupancy permits upon the property. 5. Owner shall submit development plans to the City for review and approval prior to the issuance of any building permits or any construction upon Outlots A and B. 6. Owner warrants that variances will not be requested in the development of the property. 0 Developer's Agreement-Preserve Center Repl at Page 2 . ' IN WITNESS WHEREOF the parties to this Agreement have caused these presents to be executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota . •••••,, BY: . Holfgang H. Penzel, Its Mayor , • '... BY: Roger K. Ulstad, Its Manager STATE OF MINNESOTAss. ...5,-. .-- ....:k ' ' • COUNTY OF HENNEPIN .,.. The foregoing instrument was acknowledged before me this day of 1979 by Wolfgang.H. Penzel, the Mayor and Roger K. Ulstad, the City Manager ...- of the City of Eden Prairie on behalf of the corporation. D . .,. --..: THE PRESERVE, a co-partnership consisting of Carter & Gertz, Incorporated, a Minnesota ... corporation and The Minnesota Gas Company, a Delawar 'or ration. 1 - BY: i . -3 --f . '.4.-S-•e+-• !•V'.-- .-. STATE OF MINNESOTA) - of / 0, COUNTY OF HENNEPIN) • -tt , i # . The foregoing instrument was acknowledged before me this z day of . „4 .. $ , 1979 by (cc_ /) ,ti..)/N4,11 the y cc P,Izi -4, (,:.,1.r A ...4,-- and Ili vq•-ls) LC;2 t v--.1 the 1,,..; fr,...$j 4:11)7/1$.,,iirt.-1, -`,..--/ ei .0•)16t..i, on beh'alf of said Owner. , --.z. 411 .. • -' )022Aali',1411. (2404,144414 _. .,•. MARILFX J.RUDER • ,,ti, EOM PUBLIC.lilltoirkiltli -1. LI Kt4NCP1t4 01101,11 My alidati*A LOAM AUL?A 19ri - - 2-'0 rovaviornmcronmornr ,• . ..7••• . ,• •"...-.•'.- • :.-t--' - .-- ' ---•;.-- • DEVELOPER ' S • AGREEMENT EXHIBIT 8 page 1 I . Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such..property-or in lieu of a • title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by • Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. li. All sanitary sewer, watermain and storm sewer facilities, streets curb, gutter, sidewalks and other public utilities("improvements"} • to be dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof. Prior to final plat approval, or issuance of building permits, if no final plat is required, the Owner shall: A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improve- ments. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said • improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the Owner's warranty, guarantying such improvements 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 improvements in such form as shall be acceptable to and containing such further terms as shall be required by the City. • • • -r t! _ \.. \z' • '• '' :.,,...‘4:4 ti • \ \.%• „ ' ' ."..":,';:i)":, > ....; • . %,.. - jam,. • :•••• '• •-• 1... $t-q....... .:,,S<*?i,1 i, ';','..H..•:1::::;;.. • • A k • < C " tT1 W • A • 37: O " -- a • • • , ,' iii' r„';:.;.,..‘,..1...,,.,"',,.,....,:;,-•,,,.':,,':.,....,,.. k .. at. "EXHIBIT A" ' I • • 1. � .,i PRELIMINARY PLAT �'r N RE.,A1 �` times R. 1-llll, ll , i W Q4 'Of I. aitCR 1.IRE6ERY[CENTER A0O110 w �,^�,A .� �. EOE"1 PR ""111A 1 ••.7"1 W ! T LANNI1 C AND 11N1V'1K'RJNC CONSULTANT ' ; x j THE PRESERVE "„"„,;r t < .,��•' v 11r'a.N ua1 va"ur wsrv"w awa Nara ..,v.«w...r.,-e'. UOiO*tMIR(X pJ A4t1[.' W1M' • : ri ir7$ .l11t$W i :�, ; r i, ' • • • 10 B. In lieu of the provisions of su4aragraph V.A. above. Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on tee pro property, except any thereof which shalt be dedicated to the peb a five year period. Prior to the award of any contract by the :": City for the construction of any improvements. str�ner shallincl have entered into a contract for rough grading in the improvements to a finished subgrade elevation. Contractor's per formance of the rough grading work shall be secured res completion { by a bond or letter of credit which shall guaranee of the rough grading as determined by the City Engineer. The amount of the bdnd oh leader of creditd shall be be 125% of the cost of such roug 9 form and contain such further terms as may be required by the City Engineer. C. Submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, • streets, sewer, water and storm sewer preliminary align- meat and grades, minimum floor elevations on each lot, - drainage ponds, high water elevations, and arrows show- ) ing direction of surface drainage, locations of trails, etc. D. Pay to City fees for first year street lighting (public streets).engineering review , and street signs. ItI. Owner shall file this Agreement with the Register ofo edss r Registrar of Titles and supply the City with a copy 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. IY • If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and proviide proof elf , filing in accordance with item VI. hereof, ts is said • its successors, and assigns shall not oppose Owner for rezoning iof property to Rural. V . Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 41 . le to the >YI ffrreerandpclearts ofand mor mortgages, and it owns fotheree tencumb ances�perty except: 7L>; I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-41 . AN ORDINANCE RELATING TO ZONING AND AMENDING t 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 fellows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall included hereafter in the R1-13.5 District. : ;Section 2. The above described property shall be subject tv the terms and conditions of that certain Developer's Agreement .dam as of ,1979, between THE BLUFF'S COMPANY 11, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the /by day of curet ks ,1979, and :finally read and adoptedp and ordered Published at a regular meeting of the City Council of said City on the day of ,1979. • Wolfgang H. Penssei, Mayor IIIP ATTEST: SEAL John D. Franc, City Clerk Published in the Eden Prairie News on the ___day 41 11-* �3: • BLUFFS WEST 2nd DESCRIPTION: The East 400 feet of Government Lot 2, Section 35, Township 116, Range 22, except that part thereof embraced in Registered Land Survey No. 640, files of Registrar of Titles, County of Hennepin, lying northerly of the following described line: Commencing at the North Quarter Corner of said Section 35; thence on an assumed bearing of South 0 degrees 17 minutes 04 seconds East along the • east line of the Northwest Quarter of said Section 35 a distance of • 1378,11 feet to the point of beginning of the line to be described; thence North 88 degrees 47 minutes O4 seconds West to and terminating on a line 400.00 feet West of and parallel with the east line of said Northwest Quarter. ALSO: • Ali that part of Government Lot 2 in Section 35, Township 116, Range 22. • described as follows: Consenting at the Northwest corner of Lot 2, said section; thence South along dividing line between Lots 2 and 1, said section. 695 feet; thence Northeast at an interior angle of 68 degrees 20 minutes, 295 feet; thence Northeast at an interior angle of 140 de- grees 35 minutes, 238 feet; thence Northeast at an interior angle of 155 degrees 20 minutes, 396 feet; to a point on the North line of said . tot 2; thence West along the North line of Lot 2, 479 feet to the • point of beginning. • The East line of Government Lot 2 is marked by Judicial Landmarks set pursuant to Torrens Case No. 12611. ALSO: • • That part of Government Lot 2, Section 35, Township 116, Range 22. lying northerly and westerly of the following described line: Consenting at the North Quarter Corner of said Section 35; thence on an assumed EXHIBIT A, page 3 of 4 • 1%39 bearing of South 0 degrees 17 minutes 04 seconds East a distance of 1378.11 feet to the actual point of beginning of the line to be described; thence 1 North 88 degrees 47 minutes 04 seconds West a distance of 685.11 feet; thence Westerly along a.tangential curve concave to the North, said curve having a central angle of 12 degrees 07 minutes 50 seconds, a radius of 370.00 feet a distance of 78.34 feet; thence North 76 degrees 39 minutes 14 seconds West along tangent a distance of 33.00 feet; thence South 13 degrees 20 minutes 46 seconds West a distance of 164.21 feet; thence Southerly along a tangential curve concave to the West, said curve hav- ing a central angle of 7 degrees 41 minutes 00 seconds, a radius of 21.33.90 feet a distance of 286.16 feet to a point of compound curvature; thence On Said compound curve, concave to the West, said curve having a central angle of 55 degrees 07 minutes 14 seconds, a radius of 308.07 feet a dist- ance of 296.37 feet; thence South 76 degrees 09 minutes 00 seconds West • along tangent a distance 224.29 feet to the west line of said Govern- ment Lot 2 and said line there terminating. Except the Easterly 400.00 feet of said Government Lot 2 and except that part embraced in Registered • Land Survey No. 40 and except all that part of Government Lot 2 in Sec- tion 35, Township 116, Range 22, described as follows: 'Commencing at the Northwest corner of Lot 2, said section; thence South along dividing line between Lots 2 and 1, said section, 695 feet; thence Northeast at an • interior angle of 68 degrees 20 minutes, 295 feet; thence Northeast at an interior angle of 140 degrees 35 minutes, 238 feet; thence Northeast at . an interior angle of 155 degrees 20 minutes, 396 feet; to a point on the North.line oi' said Lot 2; thence West along the North line of Lot 2, 479 feet to the point of beginning. The East line of Government Lot 2 is marked by Judicial Landmarks set pursuant to Torrens Case No. 12611. 21tjO Exhi bi t,A. Nee.2.pf.4;... B itefs Wesi: 2nd A11 that part of Government Lot 1, Section 35, Township 116, Range 22, 1) tying northerly of the following described line: Commencing at the • northwest corner of said Section 35; thence on an assumed bearing of South 1 degree 32 minutes 26 seconds West along the west line of said Section 35 a distance of 1414.50 feet to the actual point of beginning of the line to • be described; thence South 77 degrees 22 minutes 00 seconds East a distance • of 176.90 feet; thence South 81 degrees 47 minutes 00 seconds East a list- once of 207.00 feet; thence South 84 degrees 47 minutes 00 seconds East a distance of 430.00 feet; thence South 64 degrees 02 minutes 00 seconds East a distance of 132.00 feet; thence South 84 degrees 47 minutes 00 seconds East a distance of 270.00 feet; thence North 57 degrees 38 minutes DO seconds East a distance of 175.00 feet toa point on the east line of said Government Lot 2 and said line there.terminating. .ALSO: ' The Northwest Quarter of the Northwest Quarter and the Northeast Quarter of the Northwest Quarter except that part thereof embraced in Registered Land • Survey No. 640, and except that part of the South 406.5 feet of said North- east Quarter of the Northwest Quarter which lies West of the west line of • Registered Land Survey No. 640 and same extended, all in Section 35, Town- ship 116, Range 22. The East line of said Northeast Quarter of the Northwest Quarter is marked by Judicial Landmarks set pursuant to Torrens Case No. 12611. Par 2: The South 406.5 feet of the Northeast Quarter of the Northwest Quarter, Section 35, Township 116, Range 22, except that part thereof which lies fast of the west line of Registered Land Survey No. 640 and same extended. Subject to a gate valve permit dated September 9, 1954, filed for record • October 20, 1954 and recorded in Book 2017 of Deeds, page 624; (as to Pars 1and2) Exhibit A, page 4 of 4 Bluffs West Bud • , '"!':•:••••• • ' • • ' •. •• '7:•:••••• Lt • • , •;•,••••• • ; • - : •::•• : • fl"; •. . •' "7- • . „ . . • • • • .•. Subject to.pipe line easemeet dated September Ns IVA filed fee record October ac,19*.and recorded in Root 2017 of Veen,page 8381 tan te Pars 1 end 2/ PLSOt that pert of the fast Self of the northeast Otrarter of'Section la, • ' • linetship 116,Raoje 23.described as follows: liessineing at the Northeast corner of said Section 34;thence on en assessed bearing of South 1 degree • 3Z urinates 20 seconds West sung the wet line of said Lost Half of..the • Northeast Quarter a distance of 1414.30 feel;theme north 70 ittereet 72 • miwtes 19 seconds West a distance of 162.63 feet;thence north 1 degree.• 32 minutes 26 Utganai East pavanel with sail cost line of the tilt Wait • : of the northeast Quarter a distance of 1330.00 feet to tie north live of : • said Vast na.lf of the northeast(porter;thence North 89 degrees..27 minutes • 67 seconds East along said north line of the East Hilt of thelorthrtast • • Quarter a distance of 160.10 feet to the pest of beginning. . ...„ „ 'Outlet I of RUNS"1ST es recorded in the fiesinefria-Eannly legittrat Titles Office and the Itermeitn Canny Retairders Offiet. ALSO: • that part of the South Thine-Fourths of the Seutliwote goner Of saattaa • icanship 116.Range 22,lyIng soutiteestsuly-neetheesterly and gootheastrlY of the following described line; blooming at the southeast earner 01 said Southwest Quarter of Section 264 thence on an amend bearing of . . • North 0 degrees 23 minutes Si sweats West along the east line of&aid • ' Southwest Quarter a distance of 198.1.33 feet.'to the actual WM.91 309 14. atria of the live to Sc described;thence Swath alt decree,widows 13 . . . . seconds West a distance of 1100.9.5 feet;thence South hi&Veal I7SO41140 20 seconds toot a distance of 38.41 feet;thence&lath 44*VW 21 . ..„, minutes 20 seconds East a distance of 245.00 feet;thence Wept tit degrees " ' • 27 minutes 20 seconds East a distance of 266.00/nett thence SOilit ZS , •,• degrees 57 minutes 20"iteconds fast a distance of 230.00 feet ps.e point .• • • on i 1680.03 foot radius curve whew center 01 C tree of said curia Wars South 12 degrees 36 minutes 20 ser.ouds last fres said points thtnit • • Westerly along sofa curve 213.86 feet,central eagle 7 decreed 37 seconds to a point of compound Cutest theme Southwesterly Clang.00141. • compound curse S71.27 feet.said curve teacing a central angle at 31 ditr . . greet 30 minutes 00 seconds and a radius of 100.00 feet;theltile South • 38 degrees 96 minutes 03 seconds West along tangent a Ofilifift • feet;thence Southwesterly along a tokOlO4141 curve tbotinntit tile • . . - Northwest said curve having I antral Mt, 2t 4clocrl.H utinikes:50. seconds.a radius of 135.00 trot a distanor 1,9941'toot section with the;math line of said toutata.st awurter amis.* ' ! • toroinating. Exhibit A. page 4 of 4 Bluffs WPS7t•:;' ' 1 L . • • • DEVELOPER'S AGI:LEM1NT • • THIS AGREEMENT, made and entered into as of , 1979 by and between THE BLUFFS COMPANY, a Minnesota corporation, hereinafter referred to as "Owner" and the CITY OF. EDEN PRAIRIE, a municipal corpora- tion, hereinafter referred to as "City". • WITNESSETH: WHEREAS, Owner has applied to City for'changing the zoning from Rural to R1-13.5 for approximately 108 acres for development of land more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to plat and develop the property as 244 single family detached lots. NOW THEREFORE, in consideration of the Mayor and Council of the City J ;..., adopting Ordinance 78-41 changing the zoning from Rural to R1-13.5, Owner covenants and agrees to construction upon, development and maintenance of said property as follows: • 1. Owner shall plat and develop the property in conformance with the material dated January 10, 1979, reviewed and approved by the City Council on January 16, 1979, and • attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees the performance by Owner at such time and in such manner as provided therein in all • of the terms, covenants, and agreements set forth in Exhibit C', attached hereto and made a part hereof. 3. Owner shall either bond for street and utility improvements or . make other arrangements for completion of that portion of Riverview Road depicted in blue on Exhibit B prior to issuance of building permits on Lot 23-30 Block 6. • Agreement-Bluffs West Second Addition page 2 4. Owner-shall submit detailed construction and storm sewer plans to the Riley/Purgatory Creek and Lower Minnesota River Watershed Districts for review and approval. • Owner shall follow all rules and recommendations of said • Watershed Districts.. • 5. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the • property. Presently, the amount of cash park fee applicable to the property is $275 per lot. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. • 6. Owner shall construct, concurrent with the construction of utilities within the property: a. a 5 feet wide, 5 inch deep concrete sidewalk within the right-of-way and West of that portion of the blacktopped surface of Bluffs Boulevard situated within the property as depicted in red on Exhibit B. b. a 5 feet wide, 5 inch deep concrete pathway within the right-of-way and along and adjacent to the North and South boundaries of "S" Street as depicted in red on Exhibit B. c. a 6.feet wide, 4 inch deep strength blacktop pathway within that portion of the tot lot that divides Lots 23 and 24, Block 11, as depicted in red on Exhibit B. • I . - 1 flt� Agreement-Bluffs West Second Addition page 3 7. "S" Street as depicted in Exhibit B shall be platted 80 feet wide. All other streets within the property shall be according to City Engineer's specifications. 8. All street intersections within the property shall be platted at ]east 150 feet apart. 9. Owner shall convey by Warranty Deed that part of the property • shown as a tot lot, (1.4 acres), as depicted on Exhibit B, outlined in green to the City immediately upon filing of the • plat and prior to issuance of any building permits. 10. Prior to the dedication, transfer or conveyance of any • real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. ® 11. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. 12. Owner shall grade, seed, plant, landscape , and construct e.playground structure on the 1.4 acre tot lot depicted on Exhibit B, according to the specifications outlined in Exhibit C, attached hereto and made a part hereof. The exact • location of the structure shall be designated by the Community Services Staff of the City. 13. Owner agrees that the granting of zoning of, and approval of development upon, the property by the City does not constitute express or implied approval of the change of zoning or the density of residential units upon lands included in Bluff's •West Third Addition or Bluff's West Fourth Addition as depicted on Exhibit D. .ii{L • • I, Agreement-Bluffs West Second Addition page 4 14. Owner shall construct upon the property in no less than three(3) similarly sized phases with stabilization of each phase completed with proper erosion control techniques as required by the Riley/Purgatory Creek Watershed District, Lower Minnesota River Watershed District, and City Staff, prior to commencing subsequent phases. 15. Owner shall not construct any driveway connection or permit any lots access to "S" Street and Bluffs Boulevard. Owner shall provide covenants in such form and enforceable by such 7. persons, including City, to prevent future construction of any such driveway connections and shall be approved by City prior to issuance of any building permits. 16. Owner shall post a sign along the North side of "S" Street as depicted on Exhibit B with information as to the possible multiple residential development to the North in such form as•shall be approved by the City's Director of Planning. I The sign must be approved and in place prior to issuance of any building permits. 17. Owner shall post signs at the ends of all streets constructed within the property, which in the future will or could be extended, informing the public of the streets' temporary dead-end status. 18. City shall approve the platting of the property subject to the Owners meeting all other platting requirements into lots • having the following minimum frontages: 68 feet for 30% of all lots in the property 85 feet for 30% of all lots in the property 80 feet for 40% of all lots in the property Any lot with a frontage on a cul-de-sac shall not be platted with less than 45 feet where it abuts the cul-de-sac. I 19. City grants approval of 244 lots on 123 acres,including 15 acres to be conveyed as parkland, for a gross overall density of 2 units per acre. Said 15 acre park shall be conveyed by Owner to City by a Warranty Deed inmediately upon filing of plat and prior it, issuance of any building permits. • Agreement-Bluffs West Second Addition' 0 page B • • 20. Owner shall not allow any structures to be built closer than 50 feet North of the 860 contour elevation along Lots 1-20, . Block 13. All lots within Block 13 shall be graded as to insure drainage of all water to "U" Street. '21. The following setback variances shall apply: . • 30 feet front setback • ,20 feet' rear setback 5 feet sideyard setback for garage to side lot line 0. 10 feet sideyard for 1 story house(living area) to side lot line. 15 feet sideyard for 111-2 story house (living area) to side lot line Setback distances shall be measured from the nearest property line to each portion of the structure(living area or garage). 22. Owner shall plant, seed, fertilize, mulch, fence , and implement such other erosion control techniques needed to manage the soils within Outlot 0, as provided in Exhibit E, attached hereto and made a part hereof. Revegetation shall be reviewed and approved by the City Planning Department Staff. • J1tJn • • Agreement-Bluffs West Second Addition page. 6 . . 23. 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 submitteq to the City Engineer for approval. The Owner, through his engineer, shall provide for competent daily inspection of all street utility construction both public and private. As built drawings with service and valve ties on reproduceable mylar • and certification of completion and compliance with specifi- cations shall also be delivered to the city engineer. The Owner, prior to final plat approval,, shall provide a bond or letter of credit in such form as shall be approved by the. City and which guarantees completion of construction and pay- ment of costs thereof in an amount no less than the estimated - • costs of constructign plus 20% of all street and/or utility systems to be owned and maintainedIby the City. The City shall Accept such street and/or utility systemssubiect 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. r24. Owner shall final plat corners at all street intersections • and cul-de-sac returns having nine(9)foot radii to enable utility companies to install their lines without crossing private property. 25. Owner shall file this Agreement with the Register of Deeds or Registrar of Titles 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. 26. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with paragraph.26-herein. Owner for itself, its successors, and assigns 's all not oppose rezoning of.said property to Rural. P7. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns .of the property herein described. 28. Owner represents and warrants it owns fee title to the property' free and clear of mortgages, liens and other encumbrances, except: • ')1r1i . • • Agreement-Bluffs West Second Addition page 7 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, Maydr • • BY: STATE OF MINNESOTA) • Roger K. Ulstad, City Manager SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _day of , 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, The City Manager of the City of Eden Praitie a municipal corporation on behalf of the corporation. Notary Public • THE BLUFFS COMPANY, a minnesota corporation o the S to Minne to BY: ,,4�(/ a�/ �,f� '11ace us ad, is President STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) • e foregoing instrument was acknowledged before me this day of , 1979 by/1/l/ri,e4J/,4r " f the of The Bluff's Company a minnesota corporation on behalf of the corporation. • EUZABETP A RUSTAD ,t_ti wormy r. . LuNNESOrA OtarX/PUbliC Ss HEM.. COUNTY my coo., ores July MI= • • , > l� . • ..'',' volie N ' -- .„ . .414 if.vi bii-i -- -::::., ..., ...0*. Tit IN ,, I .�♦'"5�, ,' '', f � , ."'"'."''.*----4--ti;*V''..15i' moigiaililly151''' \\.. 1-:': #• . tifigainglikti0;641% /At 11% - NMI 2 , c ��c .• - net. Itk ltifito,tfria fr.&- ittlINKRNM '"'' ,::,... 24.101_ -Iiiillaw*, ,,,041 site****Iciottic--no lril '..,:,; mul 111 �� �d� .-4 1 ,.. :::,,,, . ifyitiali*itithillutto illiab ...- . ..„.. . :.: .:, s tills ►tirir:i!ZP . Ono. p ,,_ ___. .:., , ...,„, • ..„. .... . ,...,... .. EXHIBIT B �}-�p—_ _ as -t ??= — �- `t,]Y ?�`a- �IgbR4 OE1i1 Qif tDRP01 TYAI '@W68$att'souftauc _ l l f/ • �/:y�(� • CITY OF EDEN PRAIRIE 11/13/78 SPECIFICATIONS FOR MINI PARKS 'PART I - Turfgrass area A. The developer shall prepare the ground surface area of the mini park by supplying at least 4" of topsoil over the finished subgrade. Topsoil shall be of the same quality or better than that of the original site and shall be capable of supporting a cultured turfgrass. Topsoil shall be raked out to a smooth finish prior to seeding. All rocks of 1" and larger shall be removed prior to seeding. B. Turfgrass shall be seeded at a rate of 4-5 lbs. per 1,000 sq. ft. Turfgrass Mix shall be as follows: Park Kentucky Blue Grass 35% Aquilla Kentucky Blue Grass 15% • Common 85/80 Kentucky Blue Grass 25% Ruby Creeping Red Fescue 25% Variations in turfgrass mix•shall be approved by Community Services Staff prior to seeding. .Planting times shall be April-Malt, August 15-September 15, late October, or by approval of Community Services Staff. PART II Play Structure A. Play structure shall be Landscape Structure Tot Lot F according. to Catalog 8—or equivalent. Structure shall include climbing, sliding, and swinging devices. All wood components shall be 4"x6" and 6"x6" redwood, free of heart center. All support posts shall extend below ground surface to a depth of at least 3'6". • B. Play structure shall be enclosed in a sandlot 20' in all directions from components of the structure. A barrier shall be constructed to encircle the sandlot and play structure. The barrier shall be constructed of cedar, red- wood, penta-treated wood, pressure treated wood or concrete. Barrier shall have a continuous width of at-least 4 inches and extend above the ground at least 12" and not more than 18". Barrier shall extend at least 3'6" below ground surface to prevent frost heave. Sand shall be placed to a depth of at least 12" throughout sandlot area. nirevinttua me St *Lanscape Structures Inc. • faeO0° 'si«o"..a"0 Park Structures Catalog 8 blare*j EXHIBIT C (on file in City .„,a,,, moo. !� Coununi ty Services "" Department) • • lade OU • „boom tC•l • I. Mini Parks -2- 11J13 78 PART Ill • Access to Mini 'Parks t - „ . i accesses' to mini parks will be provided with an !e wide bituminous ' • thway. Pathway shall be a 2" bituminous mat laid over a 4" crushed limestone base or 4" deep strength asphalt laid over compacted subgrade. 1itti parks shall have direct abutment to a City street on at least one .side. • t7' IT - Tree Plantings �A Trees shall be planted at the rate of 5 per acre in groupings throughout "he mtni park area. Tree plantings shall be from the fQ owing varieties; •^.idugus - Evergreen Rackirerry Scotch Pine Austrian Pine • par Maple Red Pine ▪ HWay Maple . Black Hills Spruce Red Maple • Colorado Green *Spruce t, err Douglas Fir t '[Arnless Locust Dtik Birch ci'duous trees shall be at least 11-2 caliper and evergreens shall be at "least 4-5' in height. ;RK :Existing desirable overstory tree species may be used as part of the planting ` requirements. PAR1 :y - Maximum Grade . A. The maximum grade of slope shall not exceed 6% over 50% of the site. • • • . •.•, . . • I ( .1. r'---- • I �!•\ \\DUFttx . 3I 9 w. 11 �`\ _ N6IGH80RNOOD t No \ - 1 Asaz : \ 4 \. � ADD k At Ft Ftt.T 'bunts N 'l am SINUtt B 1 \PSE; , FAMU.Y • ' it •".,' ' 1 i1 r 3AD �� r p '„"d : ! QUIlD 8ItB5 •w.6 '•,. AODIT • k 1 T7s 3RD ADZ1aTaON "" ••'4 a . ✓D AP¢R'F1 ens . ast PNASe •"•.,. a, 1. L _ v ' 4 4`�at ADDITION 4l �.;LI ti / .A.04/ . 3RD ADDITION 1' • I ` •' M•,... ..w.AT PHASE ..r \ 1. /.i. F 1 a r r 4�V';'.....' \ :\. SINGLE FATALLY I - t� •tA} !• `� a U tr.:--- _ 1ilC 61NB f FAk1tiY !' .♦� ''`�..Vv__..2N�A�I'ft11'ION 7-At " ...„„____Ei ''''''''''' cii)"*"---"" • "\"w`'`\. OPEN SPACE •"--:- -:::. �a a Er i I 1./EI EXHI97 D \ 4 ,, I I J i' 1 -s_:rc..a:.ww.- urs-v=or ar-a.-a2-s-ar:acrc+ ..sr�urar... anri mt a x.'•"'-"r••�'_• T' i �"(^',' 1_I�ca�tidn Na ,��^��7y i , t[ (.`, " fin „,,w,:.e'...,,,h..l.• A:U.d.:,R L kLii I S WEST ECONAI Al,ilt.14r1"1"me: • yY .A. ) .w. -d tl i • - MINNESOTA RIVER BLUFFS CRITICAL AREA PLANTING 1. Situation: . a.. The present vegetation on the river bluff is erisaralda • the native warm season grasses. The soil tyF • coarse sandy loam. Slopes range from 18-4U't. Exposure is facing south. vehes traffie c andeerosfonyisoeasilyein- especially duced wherever a trail wears away the vegetation. Rain- fall on the slope or runoff will cause gullies of same magnitude to form where vegetation has been removed. b. `traffic will have to be restricted by fencing4—P Dating! 2. Solutions: • a. Seeding recommendations: The most appropriate type of been m xturelofgnativeagrassesbi114ixturetalternativesld Isoa Alternative 1 Varlet PLS lbs nc. Species Pawnee or Champ 3 *. Big bluestem Native 2 Little bluestem 4 t Sideoats grams Pierre or Butte 2 I Switchgrass Neb-28 or Pathfinder 1 1 Prairie Sandreed Native- 2 Sand Dropseed Native ' 1 Alternative 4 2 2 Big Bluestem • Champ or Pawnee 3 Little bluestem Blaze or Native 4 Sideoats grams' Pierre or Butte 4 Blue gramagrass Native 2 Sand Dropseed Native 2 • I Switchgrass Neb-28 or Pathfinder i Alternative 3 ' Blaze or Native 2 Little bluestem 4 1 Sideoats grams Pierre or Butte 4 Blue gramagrass " Native • 2 Sand Dropseed Native 2 Switchgrass• .Neb-28 or Path€finder EXHIBIT I • Alternative1 would be the first choice if all species are / available from a commercial seed dealer. If they are not all available. then either Alternative 2 or 3 would be • selected. Seedbed Preparation and Fertilizer - All sites to be seeded I 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 K2© . 80 it of.- 80 . *. IN , 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 ,feet- _ 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 Goo; 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 (ConWed 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. f b. Fencing: 77,7 three 3/4 inch cable fencing similar to highway guard type used on roadways should be at the bottom of the slope. Said fencing shall be subject to review and approval by the Planning Department. 1)-;-.) . . r • C. Tree Planting: ' Raw of Cottonwood (seedlers) at bottom of slope inside fence and three rows of dense planted Caragana at tap of slope 4. Gully Control: Gullies will be stabilized with grade structures that meet design standards acceptable to the Hennepin Soil and Water Conservation District. • • HIUSTAD DEVELOPMENT CORPORATION • BLUFF COUNTRY WEST CITY OF EDEN PRAIRIE April 18, 1979 • by.Patrick N. Kennedy, James L. Anderson and Mahedi A. Jiwan• B . • ' ' ' ';'.•,.' .,..,. - -—....:,.,-„:,-....-.-'-:::':.::...•.,•:!.,.....;,.,.'..,.'':''..?::.•.,,..,..;•i.':,:.....-.,,..., -:,';-.,-',,•1',.:17:'' .,'.. ..: '.--L'••-'-^'s..':"--•-•"•2.1,'•77',..f,',;:•-,,!„,„•,. ,-;•:f"..,',;', .',,,;•',',,',"•:'•:.',,,,'.,:';..;•:'..`J•.'fl"."cf-„,";,..±,,Z.,, ;:'..,t:'-;'.7.,".1.,-,''' '':'''''''•S'''''''''''''':''";'rr'':7''''''''-':''''':-:':':-:';:''".'7'. .":''';''''S'''''''';'::;":'''''''''''i'''';':''''''''''''''"''' ''"'''.,',1-'''',•:''.::.'''''';'.i'''''''''';'''''''. -.=•i'''''''''''''. .:••7%--",-:q.•,,,''...';:-1-',,r,..42-;;.I4'.'7'4.•:•:'',•'.•;„.,t:•-•4D."..;i7,•'';',..:„',.:','-:''-', ..:,,,,,_, ''''''''''':'*-'',',:.:. ..-,'-...; .- --TT.: T.'''''''.".. ..'' ''''1;:TY. S.Z,'',' : ''..*:,.:,':,..-, '','::::: :,-•:::,-..:::,t?..:,,,Y,':::::,,,]-,",g-:., -4,7,.., Y,:.,:::;,',.:T7:1:'t'stff,:::::'';:f .,y,-.,"„,,, ,1:,,,,,!„yy,',., c, ..,...- . ' .' .- '' -"-"'-'''''''--"--''''7.'-'-'-"-''''''-'''''''''':'':''''''''''''''''''''''''''''''''''''''''''''''''''''''",::: ''''''''''''''''',:,a'...,-,,,--",';;Z:':..F.':';''..''.''•:-.'....1"..,•.!,•;.--•,'.7.;,-.....,•,,,,-7.•••,*:• ,... - ' '-- -— ---- -'----. —---- ---•-- '• -. -- - -- ••;_•,—-., .,. ' '' 3'..•''':' ''''''''''-',5•2i."'-';'''''-:'-.--;''''-',1"''''- ---'''•' 'F.':':....-,..-7,''',F.."'""': •,:,:.",•:;• :' ,,,...'',,,,,,,' '','•'zr•,.'..-'...•.;:s...,%,:,,. • .-. ... • ..,,. ifittn441 ,................. • • . - -J.''''.'•::; UMICAJ SUPPLEMENT ,,...: ... TO . . ... DEVELOPER'S AGREEMENT . . . . • BETWEEN • THE BLUFFS COMPANY ,.. AND THE ,.. . CITY OF EDEN PRAIRIE .• .1:."..:. „., • '''''''' - :'..:''''' • THIS AGREEMENT, made and entered into as of , 1979 brii.r....... ii •.;:iti.,,,,niiiiietyeen • The Bluffs Company, BtlilitittiFFOODOIMUSIllilL'-. . . H.. . ni,ary Services, Inc. fterDy.. ; Henry Brandt and JeanneW°°dItBrandet,7a husband and wife, hereinafter as Owners and the City ''.7''':',• 7,..: ':,!,..:,,y4,,q,r, ,;.,. • of Eden Prairie, a municipal Corporation, . . .,....., • , • -7,..,'Y ''.,', . . .',:::-:-.:„:',"':',',.','.••':',.. , ,..„. • .referred to as 'City'. . , • . . ....... .,....:1::- ...-•:-•-'1-F.:1'..::',-"-,.'-:-.,,,7.,,f';:p.'if,a titi In consideration of, and to induce, City to adopt 1--itE76 78.741 .:,,.... , zoning of property ownedRural to:44Ls:i . ...,.. . .,.: ,, .:-...-....j,::,...,-Aifokt4F.430 the ' • ----- '' '''•, -, ,,, ''.•:::;:',' .:::' ; ,.!•:,.,.,:,:.ifitiitili in Exhibit ibit A, attached hereto and made a part hereof, hereinafter . . .... ,,....„„,;,....s. certain Developer's ..„...„...,4_4 es "the property", as more fully described in eferM that _ . „..,.: THE BLUFFS . ...,.,. by and berwpon , 1919, ' Agtiffig-rtt entered into as' . . 410.,‘ At#%and CITY, Owners agree with City as follows: I. If The Bluffs Company .7.7.•:,;• fails to in accordance with the Developer's Agreement within 24 months ofthedatoterelo. ., , . - . . .. „,„........ proof of filing as requiredha 2 . : of and to provide heirs and assigns 4 1 . . F.-2., 7'''. :T:',' • Ownerstre for themsleves, successors, . • " not oppose the rezoning of the property to Rural; . ;.;,.... 1.'.,.::.,-• 2 This Agreement shall be binding upon and enf:;c:11:1;r:pgrrItt. Owners, successors, heirs and their assigns . , •;,•,,,.. ' . THE BLUFFS COMPANY , . . , .... ...: ' • -..,;. • k......-(7.7.„- . .......,,..:: ,.. BY: ... ... . .. . , . _. . . . . . . , .. . . . ......_ ... . .. ..1. .. ... . .. ,,,. DR. HENRY BRANDT AND'J #0 0-.. ... . _ .. .: .... ,. . .,, , , : . • :, t7o-rox'::"..rIT.g:•:;'1.,:,:..;:4•..,...,,.,,:•!4..:..:m2,.::'.';L::,..v,ir:,'•:..,..:,it.,.:,.;:;4.:.:,,,,N:,,t... , . , „ • . .. • .::::,....:.,''",..,...•',.. • Owners Supplement to Developer's Agreement between The Bluffs Company and the City of Eden Prairie page 2 of 3 STATE OF MI'NNESOTA} SS. COUNTY OF HENNEPIN The faregpi igst nl�was acknowledged before me this,27day of _ 1979 by tr ngirel ,7Jfnr of The Bluffs Company. ,. ELfZAFfETFil1 RtJSTAt) Notary�ublic STATE OF MINNESOTA) 55. • COUNTY OF HENNEPIN The foregoing instrument was acknowledged bef re me this day o ,, `` , 1979 by Dr. Henry Brandt and Jeanne Brandt, h sband and wife. `, !AYES1.OSTENSON 7' /{f J9'f )• `•�••�•.r ME'•Ne P.N COUNTY No ary Pub c . 2 7..cora'.tu.++•we a 8,46v.se.i11r3 . STATE OF MINNESOTA • SS. ' COUNTY OF HENNEPIN, /,� foregoing i s lent Sack ledged before me thisZl day of _ ...._a The I979 by U'4 e4 4q 11}'�,it of:Bea�iiiitig EL'Yri 3 CS tr3tras D_.�iibtlaS6tt Its. / Uoodlake Sanitary SErvicesa Inc. • __ _ CITY OF EDEN PRAIRIE,a municipal corporation ; > JAM ES L.OirENSOIN of the State of Minnesota 1. NCI;,+r co •J..,��+u vJ�,„,.., f; wra.sw�, -' 11 7'... .7..10„ Aulfgang H. Penzel, Its Mayor Roger K. Olstad, Its Manager .._.._.._._..._ 1, ,t - • • { • @wn¢rs Supplement •ton Developer's fgre n prairiws e Tire Bluffs Compa y te r• o • Page 3 of 3 a*T-1 "E' of MAINNESOTA) t OtUKLT OF iiENNEPIN) TTte:f• ing instrument was acknriwledged before me this day 'of i Tfgang K. penzel, the Mayor and Roger Km . t1lstad; he City Manager .tion i-{;gr of Eden prairie, a municipal corporation on behalf of the corpora • Notary public • • • 00 • POPHAM,HAIK,SCHNOBRICH, KAUFMAN & Dory,LTD. 4344 108 CENTER s L MINNEAPOLI5, MN 55402 • WAYNE O.POPMAM FREDERICK C.BROWN TELEPHONE AND TELECOPILR RAYMOND A HAIK BRUCE D.MALKERSON ROGER W.SCMNOBRICM JAMES It STOLEN 012-33S-9331 DENVER KAUFMAN JAMES 8.LOCKHART DAVID R.DOT' ALLEN W.HINDERAKER - ROBERT A.MINISM CLIFFORD M.GREENE DENVER OFFICE ROLFE A.WORDEN O.WILLIAM KAUFMAN O.MARC WHITEHEAD DESYL L.PETERSON 2660 ENERGY CENTER ONE BRUCE O.WILLIS MICNAEL O.FREEMAN DENVER.COLORADO 8020? FREDERICK S.RICHARDS LARRY 0.ESPEL 303-625-2660 RONALD C.ELMOUIST DAVID A.JONES O.ROBERT JOHNSON SALLY A.JOHNSON WARY R.MACOMBER • RORERY S.BURR OF COUNSEL ROBERT E.MAMEL II DALE C.NATHAN July as, 1979 R NOT ADMITTED TO MWNESOTA BAR TO: Members of City Counciland City Manager RE; Super Valu Development on Anderson Lakes Parkway The members of the Garrison Forest Homeowners Associ- ation are concerned about several aspects of the proposed Super Valu development contemplated for Anderson Lakes Parkway. We ask that the deficiencies in the proposed plan and Developers' Agreement be addressed and modified prior to any further action on this matter. Screening: The third paragraph of the Developers' Agreement says that a landscaping plan will be submitted prior to building permit issuance. The plan provides for the fol- lowing: ' a. screen the parking lot from the adjacent residences; b. effectively screen the development from all public roads; and c. totally screen the garden center. Is there a difference between "screen", "effectively screen", and "totally screen"? If so, certainly the residences should be more protected and buffered than the public roads. This ambiguity must be clarified. We propose the following as minimally acceptable for the screening in order to adequately insulate adjacent properties. The specifications should require that the development, includ- ing mechanical equipment on the roof, be screened so that it is not visable to someone looking out from the upper floor of ir nearby split level houses. Rooftop equipment must be enclosed 1 • POPHAM,HAIK,SCHNOBRICH, KAUFMAN & DOTY,LTO. Members of the City Council ' City Manager Page Two July 25, 1979 or in some way muffled to reduce noise. Berming should consist of only natural materials. All trees should be at least 2 inches in diameter. Evergreens should predominate to ensure year-round screening. Additionally, the Developers' Agreement should pro- vide that the loading and refuse areas will likewise be screened. Lighting: Paragraph 5 of the Developers' Agreement should state that all lighting on the exterior of the develop- ment will be of a Ee which restricts it to the property's boundary. • Parking: Paragraph 6, providing that a minimum of 5.8 parking spaces per 1,000 square feet of gross floor area may be constructed, should be deleted. Ordinance 141 requires 8 spaces per 1,000 square feet of G.F.A. Ordinance 135, Section 17 provides that a variance may be granted only on • . the grounds of practical difficulty or unnecessary physical hardship. No such practical difficulty or physical hardship has been alleged. • Hours: The Developers' Agreement, paragraph 9, fails to provider a restriction in hours of operation. A limi- tation of hours to 8:00 a.m. to midnight is imperative. This is a neighborhood shopping •center. A grocery store, hardware store and the like need not be open 24 hours a day. The noise, traffic, lights and activity generated by such a center would be violent intrusions to the neighbors' quietude during the night. in the summer, windows are open and noise and fumes travel good distances. Unrestricted operation might be appro- priate for a highly urbanized, centralized location, but is unnecesary and totally inappropriate for this Eden Prairie location. • Signalization: Paragraph 7 should be amended to read as follows: 7. Owner shall pay on such dates as determined by the City's Engineer the sum of $70,000 to the'City as a part of the City's share of the cost of construction and installation of a traffic signal and lane improvements at Anderson Lakes Parkway and County Road #18, • and at Anderson Lakes Parkway and Garrisoq Ay; or Owner may request City to assess cost IIof said improvement against the property. i r.i 14i POPHAM,HAIK,SCHNOBRICH. KAUFMAN& DOTY, LTD. Members of City Council city Manager Page Three Jell► ag, 1979. Anderson Lakes Parkway is curved and bends substantially inAhe. new drawings. The intersection of Garrison Way and And'ee arr sakes Parkway presently is blind to the eft. The • ,40,3isett plans create a serious traffic hazard in that the ntetse titan to the right will also be blind. Additionally, - *t trad heavy traffic-on Anderson Lakes•Parkway will in.- - in- crease making it impossible to gain access off of Garrison way AViikiii4aait traffic periods. stoplight must be installed at ,'UtikYstilteivoution of Anderson Lakes Parkway and Garrison Way i -enliure the safety of motorists and pedestrians in the area. .neighbors sincerely hope that their concerns and - 6gg itrna will be seriously considered and the requisite. changes;required in the Developers' Agreement and other develop-. • :•464t44auments. While many area residents and members of the . :.,Antiiilon..Porest Homeowners Association think a quick snap Conw eniea store is more suited to this size site, they could : tte. - rept the proposed development with the recommended 0 a adlti4ations. Sincerely, • Sally A. da on Attorney f r Garrison Forest • Homeowners Association • • • • • • 400 p4 ULC1construction co " M CIF MINNESOTA INCORPORATED August 3, 1979 • . Mr. Roger tasted City Manager City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, Mn. 55343 re: Super Valu Center Eden Prairie, Minnesota • 1 Dear Roger: As you know, we have previously signed a Developer's Agreement for the • above project. This was sent to you with a cover letter dated July 10. Re- cause of the expressed concern of the mayor and city council regarding the adjacent residential neighbors, we are prepared to make the following additional concessions and include them in a revised Developer's Agreement: 1.) We have, at the direction of your planning department, increased the • landscape planting in the green areas facing the adjacent residences to make our berms and wood screens more pleasing aesthetically. The wood screen has been extended on the south side of our east property line to completely screen f the parking area from the existing resident at this location. We have revised • our drawings and will be prepared to show and explain these changes at Tuesday • night's council meeting. 2.) We have lowered the exterior lighting level for our parking lot from 2' candles to 1' candles and are proposing to use Gardco Formten high perform- ance, sharp cutoff luminaire as submitted to your planning department. The light • standards are 20' in height, but with the proposed parking lot elevations, will be from 3' to 8' lower than the top of our center which, of course, must be completely screened from all immediate residences. 3.) We will agree to restrict the operating hours in the shopping center to from 6:00 A.M. to 11:00 P.M. The 6:00 A.M. opening is important to the breakfast trade in the restaurant in Jerry's Super Valu. If competition within a three-mile radius operates on a more extended hours basis, we want to preserve the right to come back to the council and request an extension of these operating hours. This would, of course, let more accurate judgment be made on our completed building, landscaping, screening and operations. As per our July 10 letter, it is our understanding this $70.000 contribution 411, for traffic signs and intersection improvements will be assessed. Also, the restriction of deliveries in item #9 from the hours of 10:00 P.M. to 6:30 A.M. would not restrict customer parcel pickup between the hours of 10:00 P.M. and 11:00 P.N., or necessary standard maintenance, such as snow removal. HOME OFFICE:RYAN BUILDING,HIBBING,MINNESOTA 55746—TELEPHONE 21812636888 MINNEAPOLIS OFFICE:7401 METRO BOULEVARD,SUITE 5000NE CORP CENTER,EDINA,MINNESOTA 55435—TELEPHONE 6121935-7990 zz.1,3 1 :: :_,. : ...,, ...., ,...,:„....,„.,,.,:...„...:,..„..,...,......:,:‘,...,._...., ...,„....,...i:...,:„:„..„....,...„. ..........„,....„.,,,,.....,.,...,......,„,..,..:„..„,.....,.....,,,.........„..7.,........77,.....;,......'.....-..i,'::'..:.,,'...1'.:,,,`.:::::,..,..',.....;.-`,:"...",''''z'.:7'..,:',7:::....;':":'''''',...,'.;,;.'..' . , . .......•..; ,,,-..,':..5.e..-.7..i.!.........-.:T:.,..J':',"-"...7-'..;-*::.'-'„';:::',,:q.''...,11-..'''.7''..":'i'•"'-':.:':.''''''.."a':'''''7:'''''''''''-::'::::'":7':'-'''';':'1''' ''''''''''''''''''''::-:-'''''''" . . . ..................,.. .. .. ,..„..., ., ,,.,... - - .--, -- • ' " - ' - ..----- . ._ „.. „ . , . . „,..., ,„....., .,... .... . ., ..„ . . . ., ..•,...., -. • '-' ' : '..''''•'"::': ,'.':..'.',:,..,,,,:','''2''',,,.. „':',"...',..:;•':-., '-:,', '.,-,,' :•":', ....,'7,-;'"-' :'.',.;'.. ,...,''..'''..t,.... ' ' : ,..7.:.... .'''.2'. ", "...:.„'' .....:',"'''"„.'..‘:.,•,',.'.':".-:,',,..-,. , ..,'.;'•::':,'...•.-'''':::;•.''....-'• ' ...':•'.-:''''':.L'.•:...,•-i.."'7',.7:'. , . .. . . . ., .........- . ,. ... - • • ' . .. ..„ --.,.........•' ... ...... •.. . . . . „. . IF k Mr. Roger Elated August 3, 1979 . .....; Page 2 ,-...i.,:-.i•,' . :••,.`.77.,;•,, ''•";.--:-.. , . We believe these concessions will help to create a more pleasing environ- .*--...•.:::::: PIent for the adjacent residences and a high quality shopping center Eden Prairie ..':?•:: ::'...'• ., van be proud of. , ... . ,... •"..,1'5,:r .„. truly yours, •'.:.",•,.'..r::,$,.:': -. - '....'",.....:.,. .„ '.,'..., ...'r,',. . . .'.: . . • ;i . - -",",,f,'''' .7F-..'.;=.. , . Tice President • ,,;:,--,,,:,,, ,,,, ::'•-•,..-'. _.,..... .. ,. - .. ... - ., ....--. • ',.'":..": ...,-. .. .... ....• ,..,:".• . . ',•,:•:,,,, . • . • ...-.:-'.:. ,..;.. • - '.,.,,,..,'--' . ..„'....".'' . ,. i-.J. . . .,-.... .. • 7,-..;....,, . . . ...„.. ,.....,„ , . . . ... .., ,.. . „.., , ......,„.. . • ,.....,.;::-'..:::' .,.,. „.... • • ...:,,,.., . .. ''.'..7."....... . • ,........ . • ::.-'.-;...., ........ ...... u ..... g ....... . 7.... .• 211,61 • .', .:...1,'',..,....'.:".'';r.'"'3::.'.:'''•:.:‘, : .' . I''' ..,,...., . - •--. - ' :. .. . .:f',...',.':.•,...".."'.:,,,,:,..',..::.- ,..-'''..--.;.,--?.'";::::'::.V.:',.:::-...'.'''''''".''-'7',''. ,':' '' .'' ..' ''''''''" '' - '-1"-i 1 • JERROLD T.MILLER 7120 Gerard Drive Eden Prairie.MN 55344 August 2, 1979 Haber K.Ulstad City Manager City of Eden Prairie, MN Dear Mr.Ulstad: • I am enclosing executed development agreement with the City for Topvrew 4th Addition. After discussing the matter with Jean Johnson it was agreed • the ariglnai Outlet A would be divided to correspond with my existing tax pascals. I have amended the preliminary plat attached as Exhibit li to re- • flect this and I hove amended paragraph 3.of the cdevelopeis agreement to specify Outlets C and D. The City Attorney has added a final sentence to paragraph 3.which I under- stand is Intended to preserve the right of the City at the time of future re• plating or subdividing to review the public walkway silvation, We are agreeable to that. We do want to make clear, however that we have not agreed to give the City more than the presently designated Outlot B or a substitute thereof. I have revised paragraph 5. to require that the City acquire walkway easements around Cardinal Lake above the 876 foot elevation mark. • • The agreements reflecting these changes signed by Mrs.Miller and myself are attached. 7S' ly, ��ff Jerr ldT.Muller i S ram^ 'P@pVleW rtCJ b 96 . .CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • ORDINANCE 79-18 AN ORDINANCE RELATING'TO 13NING AND AMENDING ' THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS; . Section 1. Appendix A of Ordinance No. 135 is amended As • foliwWsa The following described property, as met ;forth in Exhibit A attached hereto and made a part hereof, eh 21. and hereby is removed from the R1-22 District and shall be inaloded hereafter in the R1-13.5 District. .,-',:.':'StiCtiall2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement H. dated as of .1979, between JERROLD T. MILLER and MARY MILLER • , -the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 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 4979, anal finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ___,1979. Wolfgang H. Penael, Mayor . ATTESTS .. SEAL John D. Frane, City Cler Published in the Eden Prairie News on the day of • Parcel 7000: That part of the East 1/2 or the Northeast Quarter Section 10, Township 116, Range 22 ;- described as follows: Commencing at a point in the West line of the East 1/2 of the Northeast Quarter of said Section 10, distant 1640.1 feet north of the Southwest corner of sold tract; thence east porolle with the south line of the Northeast Quarter of said section a distance of 597.5 feet more or less, to a point 699 feet west of the east line of said section, measured along a line parallel with the south line of the Northeast Quarter of Section 10; thence south parallel with the east line of said section o dis- tance of 574.7 feet, more or less, to the northerly line of County Road No. 66; thence northwesterly • and westerly along the northerly line of said road to its intersection with the west line of the East 1/2 of the Northeast Quarter of said Section 10; thence north along sold•. .,, line 324.7 feet, more or less, to fhe point of beginning. s • Parcel 6500: That part of the East 1/2 of the Northeast Quarter, Section 10, Township 116, Range 2' described as follows: Commencing at a point in the west line of the east 1/2 of the.NE Quarter of said Section 10, distant 1640.1 feet north of the southwest corner of said tract, thence north along the west line of sold tract a distance of 220 feet, thence east parallel with the south line of the NE Quarter 4 said section a distance of 595.8 feet, more or less, to a point 699 feet west of the east line of sold section 10 measured along a line parallel with the south line of the NE Quarter of said section, thence south parallel with the east line of said section a distance of 220 feet, thence west parallel with the south line of the NE Quarter of said section 597.5 feet more or less, to the point of beginning. Parcel 6000: That part of the East 1/2 of Northeast 1/4 Section 10, Township 116, Range 22, described as follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet south of the Northeast corner of said Section; thence north 71°30'West 595.8 feet; thence westerly and southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the trod of land to be described: thence continuing sourtherly on an extension of said curved line a distance of 52.25 feet too point 1860.1 feet north of the South line of the NE 1/4 of said Section 10, and 699 feet west of the East line of said NE 1/4 measured on a line parallel with the south line of said NE 1/4 of Section 10; thence west parallel with said South line 595.8 feet, more or less to the West line of the East 1/2 of the NE 1/4 of said Section; thence north along said West line to the Northwest corner•of said Eost 1/2 of the NE 1/4; thence east along the North line of said tract to its intersection with o line bearing North 18°08' West from the actual point of beginning; thence South 18°08' East to the actual point of beginning. Addition to Parcel 6000: That part of the Northeast Quarter of the Northeast Quarter of Section 10, Township Ib, Range 22 described os follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section: thence north 71°30' west 595.8 feet; thence westerly and southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing southerly on an extension of said curved line a distance of 21.1 feet; thence North 18°08' West to a point in the North line of said Section; thence East along sold north line to its intersection with a line bearing North 18°08'West from the actual point of beginning; thence South 18°08' East to'the actual point of beginning. • EXHIBIT A, Topview 4th Addition • 7/27/79 Topvlew 4th DEVELOPER'S AGREEMENT • THIS AGREEMENT, made and entered into as of t 1979 by and between JERROLD T. MILLER AND MARY MILLER, husband and wife, herein- after referred to as"Owner" and the CITY OF EDEN PRAIRIE,a municipal corporation, hereinafter referred to as"City", WITNESSETH: WHEREAS, Owner has applied to the City to change the zoning from R1-22 to R1-13.5 for approximately 17 acres more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as"the property", and WHEREAS, Owner desires to plot all of the property and develop the southerly 5 ocres thereof into 7 lots for single family residences. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance 79-18, Owner covenants and agrees to construction upon, development and maintenance of the property as follows: . 1. Owner shall plot and develop the property in conformance with the material dated March 21, 1979, reviewed and approved by the City Council on June 5, 1979, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit Cr attached hereto and mode a part hereof. f Developer's Agreement-Topview 4th Page 2 3 Owner shall plat an Outlet 20 feet wide extending along end, adjacent to the North and Northeasterly lines of Lot as depicted on F_xhi_ bit B and entitled O tlot Outlot B.B Upon west by the City, owner shall conveysOu e Owner shall City for walkway and public trail pare lieu. vey to the City or dedicate too he Be,CitY pblic the for walkway and public trail pure :iy has not then requested the conveyance thereof to the ; . ), that part of the property described as putlot B*bit B, such portion of Outlet A, Exhibit B as may . r-.ally agreed upon by.the parties for walkway and public » trail purposes. Nothing herein shall limit the City►''s ht to require the conveyance to the City or dedication the public of additional walkways or public trails at „„ achh time as owner shall further subdivide or repeat that ;. Imrtion of the property described as Outlet A, Exhibit B. 4. Owner shall convey by Warranty Dead'to the CitY for ,salblic purposes that part of the property below but adjacent to tha 876 contour elevation line, outlined inlgax and prior to $ hibit B, immediately upon filing of the p lisu nce building permit. Owner shall not grade 1eswermi of any ,nr permit or cause to occur any construction upc'n sum property. Owner shall plat the property to be conveyed tO City as an outlot. 5, Owner agrees to dedicate or convey to the City and public an easement,for walkway and public trail purpar1C feet adjacent to the 87S wide having its Northerly boundary ,e Western contour line and extending from the prope ty'scWes a Exhibit boundary to its Northeasterly boundary as B at such time as persons owning land adjacent to Westerly and Northeasterly lines of the property or dedicate easements to the public and the City for walk- way or other public purposes. 6. Owner agrees to execute such documents as requested d by5. he'Ci re" describing the City's rights under paragraphs 3. an of in such form as shall be required by City to perfect the City's rights of record. C • Page 2. Developer's Agreement-Topview 4th 3. Owner shall plat an Outlot 20 feet wide extending along and adjacent to the North and Northeasterly lines of Lot 7 as depicted on Exhibit B and entitled Outlot B. Upon request by the City, owner shall convey Outlet B to the City far walkway and public trail purposes. Owner shall convey to the City or dedicate to the City and the public for walkway and public troll purposes, in lieu of(if the City has not then requested the conveyance thereof to the City), that part of the property described as Outlet B, Exhibit B, such portion of Outlot C and D, Exhibit 8 as may be mutually agreed upon by the parties for • walkway and public trail purposes. Nothing herein shall limit the City's right to require the conveyance to the City or dedication to the public of additional walkways or public trails at such time as owner shall further subdivide or replot • that portion of the property described as Outlot C and t3, Exhibit B. 4. Owner shall convey by Warranty Deed to the City for public purposes that part of the property below but adjacent to the 876 contour elevation line;outlined in green on Exhibit B, immediately upon filing of the plat and prior to Issuance of any building t. Owner shall not grade or permit or cause to occur any construction upon such property. Owner shall plat the property to be conveyed to City as an Out lot. 3. Owner agrees to dedicate or convey to the City and public an easement, for walkway and public trail purposes, 10 Feet wide having its Northerly boundary adjacent to the 876 contour line and extending from the property's Western boundary to its Northeasterly boundary as depicted on Exhibit B'at such time as persons owning land adjacent to Cardinal Lake 'Piet convey or dedicate similar easements to the public and the City for walkway and other public trail purposes around Cardinal Lake 6. Owner agrees to execute such documents as requested by City describing the City's rights under paragraphs 3.and 5. hereof in such form as shall be required by City to perfect the City's rights of record. • SUBMITTED BY MR. & MRS. MILLER I • 21-`10 • i Developer's Agreement-Topview 4th Addition page 3 ' 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: • 14olfgang H. Penzel, Its Mayor • BY: . STATE OF MINNESOTA Roger K. 1Ils ad, Its Manager SS. AUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _day of 1.979•by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager of the'City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public OWN • ERROLD T. MI LI.ER, hush• and wif, - u e eft er;,y i it er 41 O. IA vary i ler • STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this j,day of t ,tc tt 1979 by Jerrold T. Miller, husband and Nary Miller, wife, Owner of th property. Noryb is Parcel 7000: That part of the East 1/2 of.the Northeast Quarter Section 10, Township 116, Range 22, described as follows: Commencing at a point in the West line of the East 1/2 of the Northeast Quarter of said Section 10,distant 1640.1 feet north of the Southwest corner of said tract; thence east parallel with the south line of the Northeast Quarter of said section o distance of 597.5 feet more or less, to o point 699 feet west of the east line of said section, measured along o line parallel with the south line of the Northeast Quarter of Section 10; thence south parallel with the east line of said section a dis- tance of 574.7 feet, more or less, to the northerly line of County Road No.66; thence northwesterly • and westerly along the northerly line of said rood to its intersection with the west line of the East 1/2 of the Northeast Quarter of said Section 10; thence north along said west line 324.7 feet, more or less, to the point of beginning. • Parcel 6500: That port of the East 1/2 of the Northeast Quarter, Section 10,Township 116, Range 22 described as follows: Commencing at o point in the west line of the east 1/2 of the NE Quarter of said Section 10, distant 1640.1 feet north of the southwest corner of said tract, thence north along the west line of sold tract o distance of 220 feet, thence east parallel with the south line of the NE Quarter of said section a distance of 595.8 feet, more or less, to a point 699 feet west of the east line of said section 10 measured along o line parallel with the south line of the NE Quarter of said section, thence south parallel with the east line of said section o distance of 220 feet, thence west parallel with the south line of the NE Quarter of said section 597.5 feet more or less, to the point of beginning. • Parcel 6000: That part of the East 1/2 of Northeost 1/4 Section 10, Township 116, Range 22, described as follows: Commencing at a point in the Eost line of said Section 10, distant 841.63 feet south of the Northeast corner of said Section; thence north 71°30'West 595.8 feet; thence westerly and southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the tract of land to be described: thence continuing sourtherly on on extension of said curved line a distance of 52.25 feet to a point 1860.1 feet north of the South line of the NE 1/4 of said Section 10, and 699 feet west of the East line of said NE 1/4 measured on o line parallel with the south line of said NE 1/4 of Section 10; thence west parallel with said South line 595.8 feet, more ar less to the West line of the East 1/2 of the NE 1/4 of said Section; thence north along said West line to the Northwest corner•of said East 1/2 of the NE 1/4; thence east along the North line of said tract to its intersection with a line bearing North 18°08' West from the actual point of beginning; thence South 18°08' East to the actual point of beginning. Addition to Parcel 6000: That port of•the Northeast Quarter of the Northeast Quarter of Section 10, Township I6, Range 22 described as follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section: thence north 71°30'west 595.8 feet; thence westerly and southerly on o tangential curve to the left with a radius of 101.98 feet a distonce of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing southerly on an extension of said curved line a distance of 21.1 feet; thence North 18°08' VWest to o point in the North line of said Section; thence Eost along said north line to its intersection with a line bearing North 18°08' West from the actual point of beginning; thence South 18°08'. East to the octual point of beginning. EXHIBIT A, Topview 4th Addition • • ♦ IRDresrjecry vur ♦ / L�y1� s► • ) \ • .T- 4,....._..,..../„, ,. \,_ .....- .....1..e ,,,,„,...--:-,. ___--...vJ.,, / . , --�/_ i r errsF. possible —%--, -----!• . '_,....,.,st. or P'' . future 'e 1 I.' • $i2. *a easement .._f <s,� .Olt l %.1 k0tf :.i9.„'.......,....,..,.s:.,,,•'J,.e:t-•-*.,...-.--e.i.011-_.I.1 '.1V.,1ri.1'A i...:)\.1'•''' I,\'t I . 17,I. 1V.--;,--.---• 4. . OuttotD 4 $ t�` �\ i, . (Pc.rcel6000) 1,1' .b M+.e /4/ x A+ .�. t -,. fa • oak,C lT� ...ii�N ° • o I/o\�: "� • _ II tip (Parcel 6500) +Jl v g+ ,:� �i / A Owl oft of Oft Oa.Waif of Ow IWO. ) Uutl Ot .....•...t..+t•..+..•.,VW.•••n /(ice'`k `. . ` ^�' • «w..n.r.'«f.Matt . Ito... a.w...ta.r ew..r...w�ww..a. • \' r44...1 .J`—t �"n t �. ' 3 tr.n.te.......a ....aa.t r0.w... `_ A�� x.>,ar.are e.a..+,.y tar N..r f•v....w •.►....a.rt. i c, •+ • .. ... ar...........11.1..t►eJ.•...t. s• . es .O Ps • • 4it .r.t t.. ..a .a..M.r r..ild 1 `� � \ ...a a..n.r.t ..a..aa w.r.w • • \ \\ ,.� N . \\ P10ELrrirNACY PLAT Topve.. : . Ifs rr .4e.r . Odd;t;on • CAXISIA Pc? m'Q. S r 9.Szc1A INC • `\� t a • • OOOOO • - h. DLL. ......••t....l.. er...•.w..r ow. ..r •.t...SO AAII ` , I Property o . __...•. Jerrold T. & ary A, Miller "'fff I7120 Gerard rive EXHIBIT B t c,:.n Pen;t:.. N ri"►' March 21. 197r? DEVELOPER ' S AGREEMENT EXHIBIT C _. page 1 of 3 1. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development.. plan by the City Engineer., 11, Owner shall submit detailed construction and storm sewer • plans to the 'We),- Pa%goSTo1 Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $.1:4 5 per /et-. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater r lesserit for canstrucunt as of the n on thdate of the issuance of any building pe e property. 1y• Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, • _ Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring.the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. .flit • • • V. All sanitary sewer., watermain and storm sewer facilities, streets ft curb. gutter, sidewalks and other public utilities("improvements") to be dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer., shall provide for competent daily inspection during the construction of all improvements. As-built drawings with • service and valve ties on reproduceable mylar shall be delivered • to the City Engineer within 60 days of completion thereof. Prior to final plat approval, or issuance of building permits, • if no final plat is required, the Owner shall: A. Submit a performance bond or letter.of.credit which 4 guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% - of the estimated construction cost of said improve- inents. The bond or letter of credit shall be in such form and contain such other provisions and terms as • may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said , • improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the Owner's warranty, guarantying such improvements 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 improvements in such form as shall be acceptable to and containing such further terms as shall be required by the City._ B. In lieu of the provisions of subparagraph V.K. above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the . improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public,over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading-of streets included • III in the improvements to a finished subgrade elevation. Contractor's performance of the rough grading work shall be secured by a bond orletter of credit which shall guarantee completion of the rough grading as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be ins form and contain such further terms as may be required by the City Engineer. J.: );-.- „„' - ,•• _ 7• .. • - • .• . • • - •"-- •- - page 3.of 3 Exhibit C • C. Submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets, sewer, water and storm sewer preliminary align- • meet and grades, minimum floor elevations on each lot, drainage ponds, high water elevations, and arrows show- ' • ”. ing direction of surface drainage, locations of trails, etc O Pay to City fees for first year street lighting (public - • • streets) engineering review , and street signS. V Owner shall file this Agreement with the Register of Deeds or • Registrar of Titles and supply the City with a copy of thi$ - "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. If Owner fails to proceed in accordance with this Agreenient within 24 months of the date hereof and provide proof. filing in accordance with item VI. hereof, Owner for itself I its successors, and assigns shall not oppose rezoning of said property to Rural. - • • 'VIII. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. • • .11. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: • - I • • • • • 27110 r ...,. .._ u'VYut`f+sY7"'7i'i3t i'�w,a4 v�nn ,.; • CITY OF EDEN PRAIRIE 8f1/79 HENNEPIN COUNTY, MINNESOTA ORDINANCE 79-24 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: • Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, Lot 1, Block 1, Eden Prairie Center Addition ' shall be and hereby is removed from the Rural 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 ,1979, between SUBURBAN ASSOCIATES, a general partnership) 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 Office District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of ,1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,1979. Wolfgang B. Penaal, Mayor 17, ATTEST: SEAL • John D. Frane, City Clerk Published in the Eden Prairie News on the day of �,.1919- • • • • Suburban National Bank Building DEVELOPER'S AGREEMENT THIS AGREEMENT, Made and entered into as of , 1979 by and between SUBURBAN ASSOCIATES, a general partnership , 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 to change the zoning from Rural to Office for approximately 4.4 acres more fully described as Lot 1, Block 1, Eden Prairie Center Addition, hereinafter referred to as "the property", and WHEREAS, Owner desires to develop the property for an office/bank building. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance 79-24, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated May 18, 1979, reviewed and approved by the City Council on July 17, 1979, and attached hereto as Exhibit A, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and obser- vance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements and conditions set forth in Exhibit 8, attached hereto and made a part hereof. 3. Owner shall not build upon or develop any portion of the property • - other than shown on Exhibit A without the review and approval of the City. 4. Owner shall provide additional hard surface parking spaces within 8 months of receiving written notification from City that additional spaces are necessary. • IV. A11 sanitary sewer, watermain and storm sewer facilities, streets curb, gutter, sidewalks and other public utilities("improvements") to be dedicated to the City shall be designed in compliance with City standards a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof. Prior to final plat approval, or issuance of building permits, j if no final plat is required, the Owner shall: A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improve- ments. The bond or'letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall II be fully guaranteed against any defects in materials or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations . of the City Engineer and to receipt by the City of the Owner's warranty, guarantying such improvements 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 improvements in such • form as shall be acceptable to and containing such further terms as shall be required by the City, • B. In lieu of the provisions of subparagraph Y.A. above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except'any thereof which shall be dedicated to the pubiic,over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's performance of the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion of the rough grading as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. 114 ""r:illag. 21 t t.... • \\,, . h i. h • •1 ,....... ,. _ • . . .. �♦ e .$. ._ ........ ......., - ..„ , . . fr,.....,..... ..,.. • ., t „.„.. .. ... "pp.-% \ \',,..,,>sli, . A y ". r.oj\ fit . , • al rn P9 iZ i . v RI 0 t t i 2 0 May 18. 1979 •ca EXHIBIT '•• SUuUIIUAN BANK OF EDEP1 PRAIRIE zirot 1 I+"Nttt,DI!ra Illati in. ``, j 1+ •!U EDFN PRIUIIIV:,MINN. � t 1Jt 4+'"Jri 17114 }'�•"- SITE PLAtJ • a VA .ast� j -...... a..:w r•...••n..r.•rr•.v:r+n.r!ur'a.agar.aWa".wa:f rrr.11141. M4C CYrr+�A.ilir..�w►x•"f rJ� ''' '''''• ''''''''''''''''''''''''''' '''-'•'''''''"-',•'.., ; ."• .••:;f:r, r,•-1::•,. .,.,! ' ''' '.' ' ' ' ' ''''.''''" '',•"'..1 ''''''' '''',.''''''''''C'' ''''';'•::"''''."': '••••''''''-''"7":';:'''''''ft•,!7::',•••, ;;:,•:: ::..7-,., :,:.,?,...•.••.,t, ..,.... '''''''''''''"'''''''r:..' :''''':::'''''::::'::':'''''Z'''':': : :"':''''''''''''Yi''''''::::':. ;i7".2:'..1'71-''''''':'.."I'''''''''''•7'''•''''''7.:::':':'''.':':::...V:-;.:::..'".W.,••:,•,•:•••:•;;',‘.:::;.:7,•:: :•, ,,,7,,7, :,,:-;',....,...,-..:,....„:,..,:i.,,.... ..,..„,„:„,.i...,....,. ...,,,,,,,,,,....,,z,....,....,: . . ., , . . . .. • . —• , - - -,:....-- --, •,..• • ...„..•• -.,.. -....,. - ..„.. ..... - ... .. , . • , ........• -,. • .. , .--,• -- - , •--. . . .„.. ., ... , .. ,. ..., . - ..............„,_„,, • . ' ''' . ' •...:. :::•.:'''''...:•;':•: ::":'''..:":'''',•::':::'''.•I'i"..-::'7••••••••:''''';':•.'•••••••'•••:•.:•','Y'..•:i•,:7:7'.„'.',.:.HT'.•-. .,,,:,••,:,::•: :.;...,.:,„--;,;•..„.;',;:..',;,:.••,.:;,,:'..i:;•,t:: •.';';.,I.....,;•',..;;,.4::: ....- ' '' ' ". .'..,,::-."1.'7'. 2 ..:''. .,-.",": ':::.L't;•.,'...::::'....Y.Y.'...,.",...:T4• :•.,. .',..,,,.:::.•:'::.'-'" .:.W:".j."..:2:?-:;''.':.: ::::.', 7• ',.:"&„',it •,,• :.-"::". . . . •• •••- . - . . , -.,........ , .,.... . .. __. . . . . __. . . .,... ,,, ' • • • '• " . --------- . ----,-- .,-.,.... i ..„,... • .... • . ..... ,„. ..,, 1:::: :• • • • %• ::i...;4' • ..„ .„, ::•''''.;: • DEVELOPER ' S AGREEMENT - ... EXHIBIT. B .. . . ._, ...,;,•„„„:, • • . _.. ••.:•:••••. ,..•.: ... . page 1 of 3 •. . • k'=.. - ' .',:y::...,.,:-.. :,. ,. .....'.. -..._ . . .... . Owner shall. submit a development plan priorapproval of the . . :..,,7-.....,„ d ingostornivater 1. '. final plat which shall show proposed grading, utility plans, drainage areas and direction of flow, high. water 'levels far 100ya,aref area and flood plainelevations for all lots. Approval . ,. . ... :...: ... .,..,,4,.. ''''''''''''':: ''''''7.''''' ' • . StOrm and minimum floor :.'''71 2- ':'''''' '''-•:-::: the final plat shall he subject to approval of the, development ... . .„..,.-. ..!:7.--j.:: :• .... ..:::: .,::::.:;..;,,,,,„K:'... plan by the city Engineer. . . . ... . ,. . i.r.4,... .. Owner shall submit d&taileig!nstruotion and storm sewer . . „ . .,:,:... ..,. .,',•-•-,7,..•:. ! .,.,....7.....,,,.•,:-,,,, .;,. plans to the 17Z.Itfyg- rwv- ; Watershed DistriCt for tbview/.rnd approval. . . .• , .. ......,- - . . ,... ,...,..., •Ouwer shall follow all rules and recommendations of said ''''''''''''''' ft ' ' ' -• I I Watershed District. ,-....,•...:, ir ...., ..:.........., . . • ..„.. Prior to the dedication, transfer or conveyance...1.... : of any real . •, , .:^ -::::•4....'7,..';'-k., " ' '•' • property or interest therein to the City isvide4..hert.hitai, :;::...''..Z,', • ; Owner shall deliver to the City an opinion. addressed to as . . . '•, 7' form acceptable to City, to . .,:......„„,. . City by an Attorney, and in a . , or in lieu of a the condition of the title of such property title opinion, a title insurance policy insuring the condition .. of the property or interest therein in the City. The condition-or . ,....,, „. .-,,...,•. the title of any real property or any interest therein to he .,...,... dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, enomubranCea, ., .,....;:. ..: .-. or assessments. •.,..',',.........s .,. ... ... . ... .• " 7.7:••••. ....„, • ,..:: .. . .. • • . " . ' ... • . ,.. :. . • ,s.;,:2:".'. • • 'Z''.: ',.- ' K.:... ....- . .• .• , . .. li • r , . . ,. ...., • r r . . r ' , . . .. . .., - " ' . r r r • •— • 2;e: .1' , . ....„ ,:r,;'-',,,,: :.:-...,..,„-,-,:•.:.•;,.:•i:,1.,.:...,,, ,..,...,:•.,,...,,,,,: • ':;7:::' .g.:',7;.:it ,..:-..,4:7;•„.••••.. .....7,... .','•, .,,,, . . . „ .., • IV. All sanitary sewer, watermain and storm sewer facilities, streets curb, gutter, sidewalks and other public utilities("improvements")• to be dedicated to the City shall be designed in compliance with City standards b. a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof. Prior to final plat approval, or issuance of building permits, if no final.plat is required, the Owner shall: A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improve- ments. The bond orletter of credit shall be in such form and contain such other provisions and terms as • may be required by the City Engineer. The Owner's • registered engineer shall make and submit for approval to the City Engineer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be completed and acceptable to the City Engineer not later than a date to be specified by the City Engineer and that said improvements shall be fully guaranteed against any defects in materials 111 or workmanship for a period of two years following said completion and acceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the • Owner's warranty, guarantying such improvements 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 improvements in such • form as shall be acceptable to and containing such further terms as shall be required by the City. 8. In lieu of the provisions of subparagraph V.A. above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to instell the • improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public,over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's performance of the rough grading work shall be secured I by a bond or letter of credit which shall guarantee completion • of the rough grading as determined by the City Engineer. • The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such • form and contain such further terms as may be required by the City Engineer. • t 221.2_ • • . „„...„ - - -• ••••. •- • • : •• • • • • page*3 of 3 Exhibit B • • C. Submit to the City Engineer a development plan showing existtng contours, proposed grading, finished elevations, Streets, sewer, water and storm sewer preliminary ment and grades, minimum floor elevations on each lot, drainage ponds, high water elevations, and arrows show. i direction of surface drainage, locations of trails* D. Pay to City fees for first year street lighting (public • • strueLs) engineering review , and street signs y-;-. .Owner shall file this Agreement with the Register of Deeds or Registrar of Titles and supply the City with a copy of tins .Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days froar,the date of this Agreement. . Vt If Owner fails to proceed in accordance with.de this Agreement at • within 24 months of the date hereof and prol w proof , filing in accordance with item VI. hereof, Owner for itself , - • its successors, and assigns shall not oppose rezoning of said nr property to Rural. • VI/ * Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors,,and assigns • • of the property herein described. •yltE. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, • , except: • • I - . g.X73' - " 7 ".." ,e i) I) / !" • NANCY OLKON / ., i4 M 08 • CHAIR sj,�X 4 bob-8080 Mak ?Pt lily 'Nvi') BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS,MINNESOTA 55487 July 19, 1979 The Honorable Wolfgang Penzel Mayor of Eden Prairie Minnesota 55344 Clear Mayor Penzel: The Metropolitan Land Planning Act, which required local governments to pre- pare Comprehensive Plans, also directs Hennepin County to prepare a twenty- ,`,. Year Solid Waste Disposal Plan. Since waste disposal is a problem that each individual community must address. We would like to form a Waste Disposal Advisory Committee comprised of repre- sentatives from each of the County's municipalities to assist us in preparation of our Plan. The purpose of this committee would be to advise the County Board of pglicies and approaches it should take on waste disposal, including. possi- bilities of energy recovery and recycling programs; the committee would not be involved in siting sanitary landfills. It is expected our Plan will be finalized by early 1980, requiring eight to twelve meetings of this committee. We ask that Eden Prairie participate in this by appointing a representative who is vitally concerned with waste disposal and who would be prepared to present the viewpoint of your Council. Because time is short if we are to meet our deadline of early 1480, we ask that you name your representative as soon as possible. Please notify Mr. A. J. Lee, Associate County Administrator, A-2303 Government Center. Minneapolis 55487 of the name and address of your appointee. Thank you very much for your cooperation in this. Sinc rely, /A I /J Nancy Olair "'� '/ Board of County Commissioners al August 2, 1979 • 9?S Roger Ulstad x Capt. Keith Wall BU& Ts Civil Defense Siren Bids :8,2.79 11:00 AM bid opening: Electric Service Company - $19,920.00 • • ' M .. This was the only bid received • • • • • i ::,:-. .''." -7':-..L.'"...."'''''..'.'•."'...--:-7,.:-::''''''..'".-4:''..''•':::'''',.'" '...Z.:"-''-.."-....':-...... ':.7::,.-.,'.:: ,-. .- -',..;77„::... .",,,,,.z.: ..:,...--:-.....- ‘2.."-:,..",:,,:2,.;...:,,..:.-.T..„,-,,,:.,,,,,-„'„:"..,--,;.,.:,:1:::„.-.J. ...„-.4:-..,,,,., '''-' . - ,.''' . '''' `'.''''''. ' -'-:::' ''‘.....-::':',..•..:''''''2..:'-:'..''.•:!:':•::•:.•::•-•;''.:,..:77:".'":,'-'-'..::',"''.;=:.:"..;,-:1'!:::-1;:'F:::...if...-:Z:4:,..7-7.7,-.,4.''7,',''':,.:,,:::.S:".';i::.'. ."..:.i',7,;,'...,,,,7:',F,7',..,,7„L't...,*',",..,:?...,,,;-',2:',.i.',,,,':.-. ':. ''. '' '' '''';';''''::::-: ::'1..'"'''':;::':':.:-::::..,.4,,...7-1-,-::: :-",,,":',.,"..:•.::.:..........,1„.....-. ....-.7....;...---;,-,•',.".,.,.,"`,....,-,:::.,,.. -.,„,-,-.,..-,,-. .,....,•,,,,,,..;;,,,,,.„.......,..._,:,,,,..i,,,,....,,,,,,,..i,,,,,,,,,,,,, . , " - '',''''':'-''',;f-.. 1.:":.',.7,..:..,..:':".".',,,:,1:7.:"1.`-3"-::`-'::::':..2/,.."-;;"---"•,..:7-::,7,--.7,...2'.... ....:',,,-:;.-,..`-.....-:=.'''.,-:.:.,:...„.•:-.,..,.'Fi.':-:''..--,...,.•.•'.,,',..„..7. ,,,,.:,..,....,-;„,,, - s' -:" ' :. .''''.:.7...,::',,:tji:-..,...,",-..."'..:•-`,."-(1..:=•"...... .t.:"..,::.t4...,,,g,,,,,--;,,...„:.:„,,,,,.,,.:,,,:„.„*„,,......,,:,,..7.,..,,,,,,,,,-7.::,:i.,,...,.,,,,::,„,„,,, ,,,,,...,..J... ::.„,. .,.......:,,,,,,,,, .-" ... - " ' ...--...,-.a.,-.-..-'-i."'-'-'...',"."2.-..7.;: ,-.-;,-;".,,:,,,,-,-..,:,....,......,,,,,:„.„; ..,,,,•,..,.,:„.„„.,_.,,,, ,,,,..,,,,,,,,:,„,,,,,..,., ,..,..,...,,,,,...,,,,,....„.,,,,_„., '. "'": ' '-'''1". ': --'.:;,.'-::,::."7..Z..,..17,,' -1'.;:- -,,.'' --.• .'„,...,....,-;:-„::-, .-'.', .-.7.,;:,,-...::..:,'„.;.:".:-..-.- '•",--::'.'=:.-,,,.,-.- .' : - ''' . ' ..2, '''''11: :...--..2:1-'::::`.::*.'. :2,'.:-.::,..:.;6:,(..;.•°,s.-...'''..,--:`.;"..,..L:':, :r.'-'.':'::::f. :::':,,, :-7:.:.:,,,..,,,,,,,:-..,-, . , ... . ... _ ..... . . _ , ...,,,..... .:.,..... and City Council Resources Commission Mayor •— and Natural Parks, Recreation ellia----l ... . . Bob Lambert, Director of Community Servics' July 27. 1979 Round Lake Park Development LA?1C121 received final approval from HCRS on the- hes 1111-,,qty ,._ Lake Perk. 19" Grant for requesting notilukiri 1:410,01"-OPlacilt at Round staff is now ... pieced!-Vet been prepared and ld be wm t .' '' •,''''''-:-..`"7--' aska--.'":"'' ifinattans hIcre afally. the rough grdabedingccapcsigleted in 'tiro spring 9 tion '..:':".'::•'1,-1,vni!illr3 _ for bids. RoP and seeding could,:::tft-,1cdy.pp,2:1.3; ,,...11. ._ grading • . . ,. 3T9...„1- as ..r..li- „341Zu. during the ,-,,.. • u' ' area oPoomai and tennis court use until . .. . each area and out of ii;;::'°Iiii'lltteMpt the ballfields will o - - keep the b be regraded . , Eiii-49#0, however , .... ''.7.7. . . . , ...:-:. ,. ..,.. ..... 5. • "-- '.' • • • 111 ' "• 5 - . . ,,. I: ..Z t.• S''....... " ‘•:'C'r. .-, ' ,f ' t' '1• '' ''" " "• ' " . . - ,,, ...,„m: ' • _... STATE OF MINNESOTA SEQ DEFT."/t4s3D000G0,AID�(/ 94 STATE PLANNING AGENCY SEQ°----A1D OFFICE OF LOCAL AND URBAN AFFAIRS SEQ• AID Sr'A4 LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT City of Eden Prairie 27-01020D1 Local Unit of Government Project Number Round Lake Park Hennepin Project Title County Date of approval through 12/31/82 Period Covered by this Agreement • PROJECT SCOPE: City of Eden Prairie will develop Round lake Park by constructing swimming, boating, fishing, sports and playfield facilities, trails and support facilities. Costs will include design, engineering and audit fees. Any reference to the Bureau of Outdoor Recreation (BUR) contained in the agreement, or in any attachment incorporated thereto, shall hereinafter be considered a reference to the Heritage Conservation and Recreation Service (HCRS). Entire project ttege Coveted by this Agreement Project boss The following attschm,nts are hereby incorporated into this sgeement: Estimated Total Cost S 134.000.00 1.Project Proposal Fund Amount* $ 67,000.00 2Requirement for Affirmative Action &Contract Work Hours 8 Safety Standards *Puna amount:This is the maulmum amount of federal funds that shall be provided on the pm/eet. The State of Minnesota,by its delegated official,the State Planning Agency,Office of Local and Urban Affairs, ,hereinafter referred to as"State")and City of Eden Prairie (hereinafter referred to as"local unit")mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965(78 Stat.897)and subsequent amendments,the Regulations of the Bureau of Outdoor Recreation and the following items,promises,and conditions,that are part of this agreement: The following terms as used herein shall have the following definitions: 1. "BOR"means the Bureau of Outdoor Recreation,United States Department of Interior,which administers the Land and Water Conservation Fund Act. 2. "Commissioner"means the Commissioner of the Department of Natural Resources,State of Minnesota,or any representative lawfully delegated the authority to act for said Commissioner.The Commissioner is the state liaison official for the Land and Water Conservation Fund Act. 3. "Director"means Director of the Office of Local and Urban Affairs,or any representative lawfully delegated • the authority to act for said Director, 4. "Federal Funds"means those monies made available by the United States of America for projects under the t.and and Water Conservation Fund Act of 1965,(78 Stat.897). Page 1 of 7 Pages 1tf , • ,... ' '' r.' ... 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'^scicw .'crer 2nd a-(4 3rd aeditlorr rf-rv..-:-tu,...'o 7.6,•this fral.lcuin7, 2.v...:idents of - I_ . _, an c, , , 7.teci, 1, r.,,,wv...;srvi, .7. for t„s ' or Prairie to re.rohasl 'rt.: i I ,..:•, L •noes'nee:7es; aa....c. of a. "in.:. 7ar'. in ra-,-.- ... .. . ere several reasons for tlads rer,-;:r.-::,ts . Our area consists of 94.houses and lit7 children ttrad.. er '.U.'' 7C,.2.1'T of . , . 2, There are no park areas within walking or safe hike ridinz: Oistance :,...,..,........ for the residents of our arcs. 7.-i..,4 rtrrca is an established :re as contrast„es: :;:ith tan,h.e.iinc—,,......„ '-,.:':--•• '• :.:, ,',...i.:,. duwelopin,; sarf.:as and acp.a_rentV 2oresit J.n .1 1 ari n— ; rot ,W' on to our arca tv0 'f.'..x7Priec adef„tuitc.park space. ,,Ys,,, ', . a' .;:..-.,,:'•::::''';.:', "- . ,rur itrea a, a. :,.1.- ^1 or 3rater teJe3S than any other croa. '''.. pa.n. -(. , ...... 'Oir'elltS "'".".! infringinc upon cur araa aue :.:.!. fil'..,1 1......._ 5A Connarcial establ...... ‘. , , .,... -: an' P.ecreat.f.en .... the none-, tliev rr.!...11 hf. '-:1°P r!'• 0 Far:, d i , j_l_ :a.. .., ' .... ,., ,inee re a,..4. .1 -c: , c i........ sho-Ad bcr.e..it. our 1-C,T...- _.- . affected hy tl';1* - rizint1:- the only area frr ,IT-ls...-,:....,7-r?u:d o....n'c'hue,,els.,r:itc.es-P.,c.,ctis.,,...,c.:ot,,s „..,... the street. '.'his is not only teachin, our ,....... -....,s:. „,,....:..., streets, Isnt is a safety ha'..:ard not only to t'''o ch-.. da.r,.. , ... . . to the .,otori at-.7. he: !d..r4 rnr's 7:(•• dr:...iro 0.0-..1,3.not, '..-e,,c.: t, .,, no..rr,e bo 2-6:811,,,:?;:ttr, 1, :- f 4cili ties' c1.1. '-''''.1 c '' + , ,n 1, n",, t—I St;'C' VC.'''‘'t 'cr t's'ecll'nT::::;;Ir':'i'; •`:':.‘-.,-. f.,.:..^.a..1r-:^,,,... felo..:.:.:- :c;ctl:'oc...a,m^.,..'i.c...:5,,r,...-.....:,...,1,..er'. .4........-:::::,...:-:,,,:,;.' wIntar. 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'.•;''' ' ..t ..1 ..A. .2.. ..#,( , .,2. • ', -,.., •:::,..:. - JI2bJL 2/A) .,tt 01 • • etixdt.cet Zli.4-.-70_,.....) /..? 7 7/ ac---c...) -."----L-4.---• -...3.-, .., ,,) 7 1-11 ; .t) / ,, ,, ,. -••:, ,• . . • ,,j,„ .4.., 14,,,..., ,,,tt.) 7Aal sgaoLA-cl Z iv. ...,.. fr.) 4 Azic. a) /..li /6-4-444v-4- . •:.-.: '-'. • ,•.77-:: -....-----6-• 2. ---"----------e.-2-.---..—.. • .# /"2 710 V1:1%,et. "0-4•-e_. ...-z )4 t ad, ,i,, ----4C.,,,„ 9172,,re, 1/7 2 t1 i •Z:, k ,1 / 7 cif „,,, ,...,„...<...._ . ,:•,-•;:, Ct-d 4 13 0,Lt- ,,,J. 1 Lk_ /. • • • • E r.E n g 0 2111. 2 -479 ATHLETIC ASSOCIATION • July 29, 1979 • • Mbar Volfgang Penzel and City Council, -- Say of Eden Prairie } .Minnase$a 55344 Dear Mr. Mayor and City Council, hn; Eden Prairie Atheletic Association would like the city of map Prairie to look in to expanding M.A.C. Flying Cloud paella f a centralized sports center. Accosmodating T..Ball, Satt-bn11 `,5aaeball, Football and soccer. We have fourteen hundred youth as .air program, added space is very such needed. Sincerely, tAasca ?ay Edward L. King . RUA President . • • • • • • • . . =',OP CITY OFFICES/Rg5D EDEN PRAIRIE ROAD/EDEN PRAIRIE.NNNNESOTA 55344/TELEPHONE IO121937.2252 1 L ii0iiil:ti.... • i July 25, 1979 William Olson Director of Planning and Engineering Metropolitan Airports Commission P.O. Box 1700 Twin City Airport Minnesota 55111 Dear Mr. Olson: The City of Eden Prairie presently maintains 9 ballficlds along County Road 1 on Flying Cloud Airport property. 'These balifields are used mainly by the Eden Prairie Athletic Association for their use in athletic programs. The fields are used for baseball during the summer and for football in the fall. The Association greatly appreciates the use of this I, property for their athletic programs, but as the City is growing the athletic program is also growing. The Athletic Association has requested that I contact you to determine what the feasibility would be to expand those fields to the south. The existing dimensions of the field space is approximately 200x1,6S0 feet. The 1,650 feet is the frontage along County Road 1 and is approximately 200 feet deep. They have proposed an expansion of those fields to accommodate development of 4 additional baseball fields and 10 soccer/ football fields. This would require an additional depth of approximately 800 feet by 1,650 feet. • Those dimensions include simply the amount of space they feel is necessary to develop these facilities with the access road and parking. They do not wish to prepare a plan for presentation to the Metropolitan Airports • Commission until you and your staff advised them on the feasibility, if any, of how much expansion might be approved. • I have enclosed a map showing the approximate area that they would like included in an expansion of athletic fields. The request at this point is what your recommendation would be as a staff member to the Metropolitan Airports Commission as to the feasibility of expansion on those fields and to what extent you would recommend expansion. There is presently a park bond referendum committee studying park and athletic facility needs within the City. The Athletic Association toul`l like • • William Olson •g_ 7/2Sf 79 to take this infoamatjon to their eommittee as soon as possible. 1 1t+ok fariiard to hearing Exam you in tiro near fixture. k iron and bast regards, Than Si.91eereiy, C "Y OP DGN PJUIIIzm bent A. Zambrlrt Dcector of Community &erivcos :• ;,.iA iChs • • • • s�rr L��'7• A • ,'''' ...,.."'''''''':1"','"'. W 4t i , .., e � a ' - VOCATONAL~'\ Jj ...•,a TECHNICAL i —I' \L .>.: SCHOOL ; - '";...) 4) , /- , _� ,1 ...:,:.', i • alto . lit" 44, .. A,..,,, : i ..... ,........ .•..,.. . , . . .... ..._ . .,., 1 rr 1 a a•,i:tt r ;4 :, ,..';r Eli"cro� ua sill_ arpw "I" MAC, dJ ♦.v v(r ......::,,, 10 • ''11111,11, ...........,. saa�1 . .nil a m- ft3j t aOlU $l.v Y� • • . 41O CO el • 4 5 6 7 To: Mayer and City Council Parks, Recreation and Natural Resources Commission .PROM: Sandy Worts, Recreation Supervis IfA'i`Bz August 2, 1979 f.•'SIJM1t1': Counter Offer on l4ilkovich troperty t the July 17, 1979 City Council meeting, the City Council authorized ;the Staff to enter into a purchase agraonumnl with'George and Carolyn HIkzcrioh for their property at 9561 Timber Trail in Anderson Lakes 77, :VOX, The paw aity value was appraised at $92,500. The Council authorized the offer to be $86,000. July 24, 1979, Nr. Lambert sent the purchase agreement to the M3 kooaeh'a 1Ig them to accept the offer or make a counter offer. an August 1, 1079, Ake'Milkovich's sent a counter offer to the City in the form of a.Purchaso Aga�!eegtoat. They are requesting to be paid the appraised value of$2,5,00 their property. They have placed an expiration deadline of August 10, 1979P at!this offer. The Community Services Department is recommending that the counter offer at the appraised value of $92,500 be accepted. • Sbl:md '- ' - ' ' ' 7"::-7--.. .,,,'.--4',:-;.,“.-Y,'.77"f• ...,,,,;,-„.4:!,:':,.„'::„:„:„Fy,,,,,,::,, ...,..,.„..... - ,: .,.•-.,,,...',,•-,:" . :':,.',.'.,,,::..:'..,',-:,1.-..,-.,.....:Z,:-..•2',•-;.;;;;',.,..:..',.':,'",-i-;::' .:',,:',',:'..',:r.--i'''',..':;..'.','1.,,.,;;;...'.....Z.,, ,,2::.;;'.,;;; ;;,...-1,J.,747T,,,....,..,5,..,.,..w..2„,...,i,,,,y;:,,,,...,i,•.:,;.J.,.,;.,,,,,,,;.,.,,,,,,,,,,....,„,,,:,, ,,,,,..:;,,.......::.....,..,., :''''''•''r:..):::; :'7'.'"'':'''''.. .''''':12.: 1.''''-'•:''''''''....:-::7'4'.'77:-'1.-'7:: : ::'..4'''''-'.472';''''''..if'17.:::7:::., C''..;-4',:t.....;.::,7'-',::-.4:.7.,.':•...7". . ..•77,-,'[S,Y.,1'. .1.7.:; :::',::.','..2Z,:,'. .f..?.'..J.;;. ....4-7,'",,;..'.:",-j..;:,.::::',-.7,.„ :...,;„3:2„.,;.;,;•,.::.:::,.;,7,,,;• . -• .••: :-...,..,1''.-',1:',-.'...',:,.,",',..,.....',',.7 ',1;.:',..'':-'... ''z,1-" : ' ' :''....".'17: ' ...''''.'.'.'..,..::‘'..,r,'... .,I.,:::.. , ,, .,. „ . .. .....„„ . .. • . . . .,- -.:...-,. ,,.,. , .. . • - - - . •.•. . - • • : --,-.-..:. . . ' ' - ' '' - • .• . .. - . . , . ,...,... ,,.., • . ..• . - , . . • - .,. „.„ . • - - - . - - . . .,.. . .. . . . .......-- .....,,'. , .. •• . • ...,-; . . • ..,,,.. .,..', . . ;',.. - -.. .32'. . August 1, 1979....,....,c." . . .• ..• . ,.... .... ...., . , • '.'....,.,:',.-.._ '..z...4.?.... . ir*. Sandy Warts ...'..... . . Idea Prairie City Hall . . . ..:.8gr50 Eden Prairie Road . . :::..,...7..;,.... . .,,,,-....;.: ;..iden Prairie, MN 55344 . ..., bear Ms. Warts: .... . . ,Enclosed is our counter offer for our 9561 Timber ' Trail property. This offer is for the appraised . .....,',,,..T.,.. .-...-,... value of $92,500.00 and is valid through August 10, lb 1979. ..:....-.:-... . -:...„. We'd appreciate a rapid decision on the offer, since , . .. .;, we've already delayed placing the property on the market and these are prime selling months. ....."',:f?...'.... Sincerely, . ' • _. ..1..:-.. .".,•-.' 6:1 ....49•4441.,... .71/--e-4?-4%-..--e,', .6.George & Carolyn Milkovich :,..,'. • 9561 Timber Trail , . . ,. .. .. Eden Prairie, MN 55344 • , . • ''.. . ,. • ,. . _ , ..., , .I .. „ . . ..... . . . ... , . . , . .. . : , , . . • • • • • • • • N.milt T Jea _'as:;17 inUAm.e �r,a. PURCHASE AGREEMENT PINK—farces "-14 `�" ilunw li • 1llY8lvlD op . City of Eden Prairie to sum of .One Hundred...and..m►/.l00 .............-----../$100,00 ) nouns$ . iMa.Ca►Mr«a.wd am OM/MOM Or Nr—its elied1I money and pen payment In,the purebsae�pr"pe*7a �'" 9561 Timber Trailer Eden Prairie •••... *nod in(he ?. Casmy of..Hennepic......_._ *State of Minnesota,and legally described is follows,torit: • Single family house and land located at 9561 Timber Trail (legal description to govern) itsindin di seeder)lmns,plans,shrubs and creel.all storm sash,noon doors.dr c thi,vaulted's,wrens,seminar...ie.imt doles,Winds(including venetian blinds),curtain rods,manse rods,drapery rods,lishdsig henrys and twits.plemhmR $aurcw hot war ranks and healing poem nd tenth bumen,sinks,utltttf and ocher p pa r� n,o err f-med7raF.........., • With),«aam softener and l' gas tank and sorords(If she properly of rawer),sump pump,television antenna,name. .., ........ . -' alert built-in dishoeshae,ga ge disposal,oars.cock-nipnoaesond'omhnal sit aooditiuni locoed on mid promises and including also the following personal property: except antique wood-burning stove ' as of which property the mods g.sl has this day sold m the buyer kw tla arm of: ltduetx' -lWe.Thoueand..Five 1lundrelll and po(lO0 ._.(39;.5.00•00)DOLI.A• tts, , egtrh the buyer"steamy'?m she.following manner: Parnesaloay herein paid$.100.00....and$92e400..00.041.en.Seprtember..8g,.1$7'Ble date of clrilq(. • • • • • Santa re peahnmaea by ere bear the settee amass soenema wad deliver a 1r rssP.owd • m Si twined In by spoeo.if see)amnia marketable Ale w said sae aWa aublsa mh m the fdbowins eaepieeec .. ttp)build*Wind arum law.odiaeeu.Sue end Felesai mnelahms. fbI Recitations wham*in sir or impmvaa ne of member«iihau Active lithium pwwMm (e)Rnenaslmn of ma mineals of means!lichee i.e the Sue d Mia,mn. (d)May end chimer eatemeas which do as Inerime with passer lapnnemmur, e)Ruda d scow a Idww:lake um.i(ed,m sables ) . kit h ier shall pay rm teal sue sus due in rho wise I nd any ueNid l oWlmeme a lltit3l.ammea.p c bin meawidh and shwafee.Sallee seam rho sal etas tans due m the sea 19 w111 be tlt/es h.,nww„I.yswgnny • ;ME penialar aaJerneaead—me whuh r which shallehey salad ono no do one.,s W a. ,see=Le any meamaio r ratans ne whatsoever naasinp the minuet of sal mate ass Seale she'e.t.a abate..u,sloe Jm or pa.lum. Sella sweaum eb,t Iu;Slinet,.l any,at masel,abhor the lauad.q Ina of elm peap asp and ryas m moat all Pr o 'moat ' • at harem awl all debris tr.m,be panties pony atm Ina do ee n dote SWIM ARRANT ALL AI'PUANL5%.ID ATI�D.AIR CONDIne)NING.1t'IRING AND PLIA/aNG(IbI(1 AND LoCATL•b ON SAID PRDlbt5.ARC IN PROUS a%e.tssNei USD19 AT 13ATL OF CLOSING. The abet wale.news en deltas.patn,i.m as lila tun date of closing ptaidal eta all ambient d old. *mane.haw Fern rumpled rah.hula ahem ne gaited the ale skit be aced a an berme AN Jae lie,the date bend. • In do meat dais pwn.cr it daubed or evbadmully dreamed by bile r may saber same best.is demo Jae,Ain mamma ae shell boar.soli and void,at the peahae,'s maim,and all anc iea pad bosua.vr shall be sdmand as Ain. • l w The baser earl Idler.r.............' tlly aaweam pm seta sdiev meen ofmms.esans.ksusae old pain• toot. I shall be mare a ofNee+errs ca.to Is war Of The selhr that,%Ohm s sa tiohle aria slat avpasal or ter aamanea.tombs as aware et tale or a Irynarni Newt Abuser weaned o.dam mo wank lever watches amount b.dwpntn and Bloc and bawd mammas.ed lam Ter Mast.hat he • alb.W 10 dare elms anew.thread he cantina..el as coin and the nukes d any lama..seater Led.damun.at at Inc made re *Aim a.lewd eo be eared.if.m ni en ate et tna.k the alley dun In.awned(:nJas to tate ash nest asaaald Padn.m • Caeca.of ale la Pecans heated.avant dull he pay.aJ.bus an..mammas et ate and,.,eb,t In dap east emote eau, sea,been..tile roars..lull era,this semen,a...wlme a its men. • If aid title in we nurlaalde and n rose.ail.rs assa Im Jam Ism the dam e1 wriaro.d attain.eheaMo in algae tomcat tilts Aft masts aw helm pad t a le tall sal sod.a ny..dull le Mauled II neither teal u.+ul l WWI a tidbit a,dauu,sa he llPae w tr oast s.d Ottottal. papa,be food mo.,clueand cal w and.era the at►t war s,ma.a ate tnnul ad..n ash a.mausa cif the�en ova war Noe.alas,a,woat tan br name be loot..r.,m tleX1p1CXXeo8X ]ml'IsX,-n,,iXa,X]CNXtr..n.lop•,,man.4 J.nao te,.i a hoar to row an a.a haat that to wean shall se J.,aw.afar•pee.to is u..a.aa.w..a eon.p.m.I.hnnou.s d slum tomcat prostal,,m,orb umub aka!ant be taauuaals... .L ad Wawkdetaaya m rider Will rattan Mn..nuae shill la amwmatJ eel.eta mats.,et awl.ties d.4.dull snr. • h is sake sal awl servo)dui this salt A wok abets to the aaea.al by she(sera of sod MAN.is,.eneR and iba do'nit Wend pea .....lubk.......1de....nun d tan anrammwa.esaln w raw a a a s ,anew• .wae the w mom*.pd made dm.mma.. r bis offer expires if not accepted by August 10, 1919. II • 'Mehemet all p,pea sad anon don beande at shadaed, ... ... L the mcJtalmmal.wesades laaL as errs y1 ... .... _,. asu u the stow wearers eddb, ere *sole. Lauds toes airway de.Yelp wont,Me Ore owe and �� ape she+arms claw sons nngL wad sabres as art M arna* �i knairop e,etd. a!Ca.�ts L.I. .....i$C6Li George HilkovidWlee .__..Citlz.4xE Eden Franey a..._.....t y 11l vyf9, / r..•..l.l. 11d.T,hnt.A$Vkrf6a{a'.y1ar..... j'hEAl1a- _.., ., dgF,aW . August 7, 1979 • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA - RESOLUTION NO. 79-149 A RESOLUTION APPROVING FINAL PLAT OF BLUFFS WEST 2ND ADDITION WHEREAS, the plat of BLUFFS WEST 2ND ADDITION has been sub- ;pitted in the manner required for platting land under the Eden Prairie Ordinance 'xodb 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 Ord n- 1111CIA Of the City of Eden Prairie. s NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY :OF ED!ti;P tR.IE: A. Plat Approval Request for Bluffs West 2nd Addition - is appro upon compliance with the recommendation of the City Engineer's Report on this plat dated August 1, 1979. B. Variance is herein granted from City.Ordinance 1io. 93 Ur.- $, - Subd. 1 waiving the six month maximum time elapse between the 'approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a tertIf4ed copy of. .,. this resolution in the office of the Register of Deed-ndior Regis- trar of Titles for thier use as required by MBA 462.368, Subd. 3. ..: D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon comma pliance with the foregoing provisions. ' ADOPTED by the City Council on • 1Jol fgang H. Penzel, 'Mayor ATTEST: SEAL - IL John D. Frane, Clerk = 3 • • ENGINEERING REPORT CITY OF EDEN PRAIRIE TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: August 1, 1979 SUBJECT: BLUFFS WEST SECOND ADDITION PROPOSAL: Hustad is requesting City Council approval of the final plat of Bluffs West Second Addition. This is a 244 lot single family residen- tial (RI-13.5) plat, located west of Homeward Hills Road and north of Riverview Road. • HISTORY: The preliminary plat for the single family area was approved by • the City Council on Jan. 16, 1978, per Council Resolution #78-154. Zoning for the single family area from Rural to R1-13.5 was first read on Jan. 16, 1979, and is scheduled for second reading on Aug. 6, 1979, per Ordinance #78-41. VARIANCES: The following setback variances shall apply per the Developers Agreement dated July 27, 1979. • 30 feet Front setback 20 feet Rear Setback 5 feet Sideyard setback for garage to side lot line 10 feet Sideyard for 1 story house (living area) to side lot line 15 feet Sideyard for 11 - 2 story house (living area) to side lot line Setback distances shall be measured from the nearest property line • to each portion of the structure (living area or garage). UTILITIES AND STREETS: Municipal sanitary sewer, water main, storm sewer, concrete curb & gutter, bituminous surfacing, walkways, street signs and street lighting will be installed throughout the development in accordance.with City standards. PARK DEDICATION:' OUtlots A and D will be dedicated to the City as part of • the open space requirement. The unplatted 12 acres to the south of • the plat and North of Riverview Road is to be deeded to the City along with Outlots A and D before release of the hardshells. Outlot 8 is • part of the proposed Bluffs West 3rd Addition. Outlot C is to be retained as a single parcel by the Current residents. I ,uU 7..F "‘.• F.• • .„....,. , . , • F • F • F- F . • ...„ , - 2 - • BONDING: A performance bond or letter of credit, approved by the City Attorney, shall be posted in an amount approved by the City Engineer to cover the cost of sanitary sewer, water main, storm sewer, concrete curb & gutter, bituminous surfacing, walkways and street signs. F. • A cash deposit of $6,100 will be required upon release of the final • plat to cover the installation and first year maintenance costs of F .. street lighting. Recoronend approval of the final plat of Bluffs west Second •." Addition, subject to the t'emaittnnuflits of this report and the following; '•-• • • • 1. Approval of the Development Agreement in conjunction With. • Ordinance #78-41. • 2. Receipt of fee for City engineering services in,the amount • ..;:"7.•••1?"....,F" • F.- $4,880.00. . . . 3. Receipt of cash deposit for sEreat lighting inthe,'Orednt'ef$6,100.110. 4. Receipt of revised' development and grading plan. 5. Receipt of bonding for streets and utilities. • . • • 6. Street names have to be changed anti approved by Engineering F _ F• ,.... „: .F..FF•F department. • . , „ • . . . , • F. . . .F... „„,.. • • • • . . . . . . . . . . • • • . F F F F •••'.1 . . . . „.. • •", • oFt CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-143 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-344B Shady Oak Industrial Park Phase II • • 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 contratt to G. L. Contracting, Inc. ) as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council • as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with G. L. Contracting, Inc. • • in the name of the City of Eden Prairie in the amount of. $295,663.30 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: Wol!gang H. Fenzel, Mayor SEAL: John D. Frane, Clerk SUMMARY OF BIDS I.C. 51- 344B OBScRIPTION: Shady Oak Industrial Park Phase II BIDS OPENED: August 2, 1979 10:00 A.M. CONSULTING ENGIarEeR: Rieke Carroll Muller Associates, Inc. BY: • BIDDER • BID SECURITY TOTAL AMOUNT G. L. Contracting, Inc. 5% S295,663.30* Itorthdale Construction Co. 5% 313,348.54E Northern Contracting, Inc. 5% 322,499.18 Nodland Associates, Inc. 5% 328,885.50 Deluxe Construction, Inc. 5% 341,557.50* 1 Progressive Contractors, Inc. 5% 349,434.05 . * Mathematical Errors Corrected • The undersigned recommend award of Contract to G. L. Contracting, Inc. as the *west responsible bidder fot this Improvement Contract. Consulting Engineer Carl a. Jollier P.E. Director of Public Works/City Engineer . J A August 7, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ACCEPTING BID No. 79-144 WNEREASSpprsuant to an advertisement for bids for the following improvements: improvement Contract 51-353 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 C. Wayne Erickson Inc, as the lowest responsible bidder. WOW, THEREFORE, BE IT RveALVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with C. Wayne Erickson Tcc. in the name of the City of Eden Prairie in the amount of $145,916.05 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 S. Penzel, Mayor John D. Frane, City Clerk • • • CITY OF EDEN PRAIRIE IMPROVEMENT CONTRACT 51-353 HIPP'S MITCHELL HEIGHTS FOURTH ADDITION SUMMARY OF BIDS • C. Wayne Erickson Inc. $145,916.05 Walhunt Construction Inc. 180,201.65 G. L. Contracting Inc. 184,014.50 Northern Contracting Co. 184,062,51 0 5 P Contracting 189,940.43 Northdale Construction Co. Inc. 20I,666.90 • ' ' '' ": ... ''','.::''1::'::;': ':',:.:::,':'': ,',,:.."I'''j,'.;;:;:',.,;i',...'.'„:„':,::'s:;.71::' :::::'',..:':'.., :":„ -:::::::i:'::::-,::::::: • ® MEND Mayor Penzel and TO: members of the City Council 1it1UGN. Roger Ulstad, City Manager D1 itR; Carl Jellie, City Engineer : July 31, 1979 i dCGC; Rids for Seal Coating I.C. 51-339 • for' l coating will be opened at lfl:tip A.li, vn Monday, 6*. .-fiax9",,. tie•aill tabueate the bids received and present them to the fi tmc:l irn'Tues Iay evening en the 7th, • • II • • 231J • • August 7, 1979 10 HENNEPINDF COUNTY,MINNESOTA RESOLUTION NO. 79-145 RESOLUTION RECEIVING 100% PETITION. ORDERING IMPROVEMENTS FOR JASON INV. CO. STORM SEWER (I.C: 51-344A) 13E;ST RESOLVED of the Eden Prairie City Council: • I, The owners of 100% of the real property abutting g upon and: to be benefitted from the proposed storm sewer improvements on- 69th Ave.,. I.C. 51-344A, at an estimated total cast of, $2,500, have petitioned the City Council to construct said improvements and to assess the entire t against their property. 2.. Pursuant to M.S.A. 429.031, Subd. 3 and upon recommendation: of the City Engineer, said improvements ere hereby ordered and such work shall be added, per the unit bid prices, to i'mpreva. sent Contract 51-344. lk ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Fenzel, Mayor • ATTEST: SEAL John D. Frane, Clerk • • S . - - , ' •- . , „ . . . . • MEMO • TO: Mayor Penzel and Members of the City Council IWItOUGM: Roger Ulstad, City Manager , Carl Jullie. City Engineer OLfl July 31, 1919 'SUB1ECT 100% Petiton from Jason Inv. Co. for storm sewer extension I.C. 51-344 The attached 100% petition letter has been received from Jason Inv, Cu. a minor extension of t s sewer pipe bei:gtl:h stalie dj l; o . ' ':..1.6IPth St. in order to drain a portion of their t and west of Washington Ave. It is recommended that this petition be received and the Stems sewer work ik WIT). be added to Improvement Contract 51-344 at the unit prices bid in the contract amount of $2.000. (The petitioner has been avdised of this increased amount.) cjj:kh Attachment • • • • . • , • 2.403 . . IF 1 D JASON INVESTMENT COMPANY July 11,1979 • 1r.Carl Janie City Engineer ;City of Eden Prairie 22 Eden Prairie Road • :Eden Prairie,Minnesota 55344 Weer Mr Jullies • Jason Investment Company,on behalf of Jason-Mork Industrial Properties,a limited partnership,hereby petitions the City of Eden Prairie to pay ter tltc.eost Of a culvert and catch basin to serve the rear of the parking lot at 6860-78 Washington Avenue 'South hi conjunction with the storm sewer project being constructed immediately south of said property. 111 I have been informed by Mr. Dave Swanson of.a. L.Contracting that the • cost for this work would be $1,751.00. In discussions with you,I understand this estimate will be increased by approximately 25%for engineering end ether costs. We agree to assume 100%of the cost of such work and the related expyonfoi tiwhiRh i11 subsequently be assessed to said property over the term,,ate at the interest rate, for the entire project. In order to faatitfate approval of this request Jason- Mork Industrial Properties, as fee owners of the property, wait the right to,s public hearing on this matter. Thank you very much for your eonauiaration of this matter. If you have any questions or if additional information is necessary,please feel free to call me at 944-3001 at your convenience. Yours very truly, Dale IL Edstrom,PrPairtant Jason Investment Company, General Partner Jason-Mork industrial Properties DREsmmf t 2301 sastwobnsianM a So +ei fise.eA�n ntabE x.Ht a 1 ` . . , __ .i. August ?, 1979 CITY OF EDEN PRAIRIE ir HENNEPIN COUNTY, MINNESOTA i . . RESOLUTION NO. 79-146 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING I.C. 41-325 WHEREAS, a report has been given by the City Engineer to the City Council on August 7, 1979, recommending the following improvements to wit: '1.7I.C. 51-325, Valley View Road extension west of Co. Rd. 4, including portions of Dell Road plus utilities.. •NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the -assessment of Property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. ._�: Sect. 420-011 to 429.111, at an estimated total coat Of the. improvements as shown. 2. A public hearing shall be held on such proposed improvement S . on the 4th day of September, 1979, at 7:30 P.N. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie. City Council on . Wolfgang H. Penzel, Mayor ATTEST: SEAL •• . ,•kA RIEKE CARROLL MULLER ASSOCIATES INC July 31, 1979 topPneers Jana aur,evora Hr. Carl Jullie, P.E. . City of Eden Prairie 8950 Eden Prairie Road Eden 'Prairie, MN 55343Mang . RE: SHADY OAK INDUSTRIAL PARK post craw box tao I►C. '51-344A uopkti,�wntnnsasta 19 11C PILE 791005 kanan Dear Carl, 1011livtt ntrot sank Mlq kim.miner oinemos Enclosed is proposed Change Order No. 1 for the above Crampoon referenced .project. This change order hill add an offsite source of clean granular material for backfil1ing swamp excavations. A justification for this addition is included on the back of the change order. Very truly yours, Alan D.Gray, 'P.E i RIEKE CARROLL HULLER ASSOCIATES. INC. ADG:cp End . bopkins,aunnsssss 9avkoid► sL clmrd minion! Omif#f Q CHANGE ORDER NO. 1 111 DATED July 17, 1979 PROJECT: Shady Oak Road Industrial Park ENGINEER'S PROJECT NO. 791005 OWNER: City of Eden Prairie CONTRACT DATE: OWNER'S PROJECT NO. Improvement Contract 51-344A TO: M. G. Astleford Co., Inc. ,CONTRACTOR You are directed to make the changes noted below in the subject contract: OWNER: City of Eden Prairie BY: DATE: NATURE OF THE CHANGE: Add 40,000 CY select granular borrow @ $2.75 per V.M.C.Y. See back of this change order for detailed description. ENCLOSURES: • The changes result in the following adjustment of Contract Price and Time: Contract Price Prior to this Change Order: $857,950.75 Net OncreaseXge'gg )Resulting from this Change Order $ 110,000.00 Current Contract Price Including This Change Order $967,950.75 No adjustments to contract completion dates as a result of this change order. The Above Changes are Approved: The Above Changes are Accepted: RIEKE CARROLL MULLER ASSOCIATES, INC. . G. ASTLEFORD CO., INC. BYs �IN , �ANIF4OWT� `� TRACT(►R A�� � l/ o eAvrAn IJ l DATE: 7 Z O 7 7 ' 11111111111M t12) - .., ' . , •' -, '-: ^. '....'''''''':', 7..7: ".:. ''''';'*f-v.:•'-'7-*':"..'""i'''':*12:::,•;'ir,"1`..,••,'-''',:-..„-f•-•„7:-.`•',.....:,..:"1,,•:.,,,,„;',‘., '' *' ''''''' :'' *'" ' ' * -- •'''''''.'''t'i--`-''''ri..-'''.'7?';';T::':''''''....--,-7-::::,--",:f:-..'4,',',::,-:":„..."::,-;:.... •-•,:.,„:,....:, ,-.,,:7::.......... ,.., ; ' •-----•--•.-=',;;;'''',7- -•".''•'-',".i...•'':',,-......:7•'••' ., -..'''- '-•.... ,...-•-• .,--.:-.;,-,,,,,-,,:,•-•;,7,-;-„L-,..'::=..:.-,.."-s.,-;-‘,:.,,r,....;'•:•.,-,.....-.-.7-,..-, ?.; , .„,--7.,---. " - 7"-"--•'-*-"`"'" :'*-1—.'-':':'"-,-.=:-7:'-'"--:?::':''''''''''',7"•-4'.:::;:-:''''''*•.*:,::'*ii'.7.'•4*"1`:*.A.!'"-•':-.,. 7 l-•-'.,.':'.:.;-:::.i.:;.,-2'i.:'.',..-''--....7f,,....4..,T:'-'1.1.,-,.•...,.,...,..,,,.'.•.:.....';..,,-,.,.:::.-,',, ,-..'..-:••..'--,',.. .,.,.. .-:,,,,,....-f.,...-...::: ''''''s '.'. -- -'''::."-''''' "':T'''.::'-''.'':'?-- ‘:;'-':•::-'..7:'••;-,'F.:'::;,--.";\.4,...-4•,..,..7'''''': .-::..-i.;.,'7.-,'f,„',":-.....•:,,,f;:f.-:-•,:.,'-'..,-,,,„... -.-.....,,•,:'.- ,s...„:,..:.:;...,;...--,., ,2., .r..,..„..,,,.,,..,i7,-,,,,:„.„..,..,.....,.,? • ..- . '. ' „.. ....,"' ' ..-....'-,,- './...-...!',-.:4;;;,'•:,.'-:'...:;;;;;;:iz-•.•......:4".:.:77:...77•S..,..7,,r,-.:...'," : • . r'",., , ,: ' •,.." "..:••••.'„' : ,,..'...;.,-„,;,•.....il..-„,:;• • ,.• - ..... _ _ . ,. ,_,.. ` ..-• •• ....- , - -• _ , . ., ,,,. „ ' 1 .''''''-':":''''...''''"''' "''''' ;‘,1':•,:".--'-'-':'-,:,7*:::",-"' '7';,....:. ,',', '.: -- ,- .- .''..,,,,-,,,,,-,75;„,;:::::,;„,.,,,:, . , . . • . . . . :',..r... :777. .F./:. Justification: presently being this are ... Street within .....: of swamp deposits and West 70th f 0 to 25 feet ,.., ram project Extensive areas Shady OakRoad deposits ranges ted. The ..,•-..-. excavated en the alignmentsforof these swamp ts being De„,erlsotrtrsiveject area to be •:'-..1.•:.. new The depth of the streets that the project. grade 1 soils from further require material to below the finishedprovide for mineral '..,,,.. .....,,,, usedsPiffritaseti kfilling swamp exce a reasonable _... be accompil shed ..-..:.:. ' wv• water table be e compaction cannot ...,. soils used below_lpw water where -,• '.--.., • allem p lecemeret De excavations. insyciean granular pockets ar .,o, that are ,....-..-.- in lifts. ..-. site occur in ,,tortificant ,--: 1 r materials on the project - presently no - backfil 1 i ng 7.7, ad There is In order for In from Clean. granular grading proct- i! on the site.d to be brought anKaot as s.granular material exposed will need ,..... re tet-of e • proceed, granular material ,......„, - ration to la?' oPe--- source. to Purchase•graeu i,..,..., an.outside tleford Co„ Inc,nd 404,haul the '..,..:3.;:',..., •- ., directs M.S. As Highways 169 Engineer end In it change order located near ___, by the Thissource •.- . . - itd from a and place as directed otter site . material to the specifications. nrdance with err Measure. h vae t will be by Cubic Yard Vehicle i based On the 41-- Measurement for this material s smolt '11 ' '...-. .... ,., , ... the unit price to renegotiationmaterials will be 0 d that - not be subject Onsite ma It is agree source and will be purchased. proceeds. ':"--.:.,...:,.::'• described iwAs than 40,000as site grading tly #-- is exposed significantly suitable pocket ••••.i.,:;.,..:.:4 be used if a , . ,,....:,,...:,r ^.'...'"... .T...: .',.. . . ''. ',:-,:'• ':. 77— _ ,.. • . .. • 44 • • II . .. , „ . ,.-_,..;...,,,,,..-.:..----:: .''- -...'''. • --- • RIEKE CARROLL HULLER ASSOCIATES INC July 31, 1979 wool ragireen Mr. Carl Jullie, P.E. andwnvevcs City of Eden Prairies 89S0 Eden Prairie Road Eden Prairie> MN 55343 RE; LAKE TRAIL ESTATES mntnp I•. TwC. •31s P pa,tnmcetima 130 Project 781021 r vkina+nin em•4t6si3.; Dear Carl, Enclosed is Change Order No. 2 for the above referenced project. uoykne.mr 9334 • This change order will add quantities of plastic stabilization .0,2. 01 fabric and crushed rock aggregate for use in street construction. The addition of these materials to the project is necessitated by the wet soil conditions existing on the project this year. It has not been possible to date this construction season to reduce the moisture content of a sufficiently thick section of • onsite soils to create a working platform for paving. • The developers of this project wish to proceed with street construction. We have reviewed this proposed change order with them and they have indicated their approval in order to , expedite street construction. Very truly yours, Alan D. Gray,* P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. *twmnuno' o ADG:cp Encl. a '# CHANGE ORDER NO. 2 DATED July 30, 1979 PROJECT: Lake Trail Estates ' ENGINEER'S PROJECT NO. 781023 OWNER: City of Eden Prairie CONTRACT DATE: November 7. 1978 OWNER'S PROJECT NO. 1.C. 51-315 TO: Nodland Associates, Inc. ,CONTRACTOR You are directed to make the changes noted below in the subject contract: OWNER: City of Eden Prairie BY: DATE: NATURE OF THE CHANGE: The following quantities are hereby added to the project 'for use in street construction: Celanese Mirafi 140 fabric 60,000 SF @ $75.00/1000 SF a $ 4,500.00 Mn/DOT Class 5 Quarry Rock Aggregate 4,200 Tons @ $5.00/Ton = 21,000.00 TOTAL = $26,500.00 ENCLOSURES: • The changes result in the following adjustment of Contract Price and Time: Contract Price Prior to this Change Order: .$ 331,252.00 Net OncreaseIONtiesessh Resulting from this Change Order $ 26,500.00 Current Contract Price Including This Change Order $ 357.252,00 Contract Time Prior to This Order Complete by Julv 1, 1979 ttaillatielaROUX Net(Increase)(Decrease)Resulting from This Change Order 46 Calendar Days Current Contract Time Including This Change Order Complete by Sept, 15. 197900INI fl(XWXII% The Above Changes are Approved: The Above Changes are Accepted: RIEKE CARROLL MULLER ASSOCIATES, INC. NODLAND ASSOCIATES, INC. ENGINEER CONTRACTOR S BY: /�� ' �.?//it-- � .it /;'/ '/ /i'7 • DATE: / '/ % f (12) 11.( • • • • • • MACKALL, CROUNSE & MOORE • -LAW OFFICES c.Rtt1ON 1000 FIRST NATIONAL VANE BUILD MO Or CONDOS.. DONALD A.MDRNtN MCNRT C.4/mACSI,l4 TRODDIttON t.THORSON MINNEAPOLIS,MINNESOTA 5340E TKO-PODS R,McIMCT JAMCt I.KARMA'S MINOTON t.MUNSON IT 1.rIntriNIC MR) CLOT 9.NODRi MINNOW r.lCMM ID MAX;19-09D1 rRCOCRICC N.ti1NCNr.u..IND•Nltet VAL N.N6t6/N6 DONNY N.NOON(NItm-Itt01 t/RSN9 0.99TN99T11O ODN11L0 A,NOLNt9 1M04-191.21 100D1DRT N.N9D9tw9 90ttNT M.CNOURCC Nlll.tttdt 9tOINDO R.Y JDM tteR ORIVR*IT R'ct lint, August 2, 1979 awn'Y DORAt RDSOM D.V9NDLD NAR maim. NNM C.1VWL Maws R..J'tVN.0 ID 9RN140M.J.,M91tt! NNfiCIR T.ATOC.LOTT 101LRT ALCM JOON r.t9 tttMD1*0T • title T.9RtR99N title D.NADLDR MttkA9L 1,IRObT • Mx'. Roger K. Ulstad City Manager City of Eden Prairie 99.50 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: $1,150,000 City of Eden Prairie Industrial Development Revenue Bond (Robert Murray Office-Warehouse Project) Dear Mr. Ulstad; Enclosed herewith for consideration by the Eden Prairie City Council at its regularly scheduled meeting to be held on Tuesday, August 7, 1979, please find the following items relating to the above-captioned Project: (1) Notice of Public Hearing to be held on September 4, 1979; • (2) City of Eden Prairie, Minnesota Application for Industrial Development Bond Project Financing; (3) Applicant letter agreeing to pay City costs; • (4) Applicant letter agreeing to pay City Attorney's legal fees; (5) Extract of Minutes of Meeting of Eden Prairie City Council relating to preliminary Project approval; (6) Application to Minnesota Department of Commerce, Securities Division, for Approval I/ of Municipal Industrial Revenue Bond Project; MACKALL, CROUNSE & MOORE Mr. Roger K. tlstad August 2, 1979 Page Two (7) Public Purpose Statement to be submitted together with item (6), above; (8) Memorandum of Agreement; (9) Letter from Dougherty, Dawkins, Strand & Ekstrom, Incorporated regarding the economic feasibility of the Project and the issuance and sale of the revenue bond; (10) Letter from Mackall, Cioanse & Moore, as bond counsel, rendering the preliminary opinion, as qualified therein, that the • Project qualifies under the Minnesota Municipal Industrial Development Act. Please note that the enclosed application differs from the application originally submitted by cover letter dated May 30, 1979 in that the currently proposed Project will be leased in its entirety to Interstate Detroit Diesel Allison, Inc. of which the applicant is the Chairman of the Board of Directors. Please contact the undersigned should you have any questions or desire additional information. Very truly yours, MACKALL, CROUNS & MOORE 14t BY Ma in C. Ing MCX:dlm Enclosures cc Robert Murray (with encl.) Dougherty, Dawkins, Strand & Ekstrom, Incorporated Attn: Richard B. Riley (with encl.) Richard F. Rosow, Esq. (with encl.) 23IL August 7, 1979 a . STATE OF MINNESOTA CITY OF EDEN PRAIRIE • COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 3628 VOID OUT CHECK $ 5042 C.O. FIELD COMPANY Eden Prairie Fire Station 17, ,495.46 . ' ' 5043 ROUILLARD BEVERAGE CO. INC. Beer 1,304.46 5044 BEER WHOLESALERS, INC. Beer 3,019.70 5045 COMMISSIONER OF REVENUE- June Sales Tax 3,243.00 5046 PEPSI-COLA BOTTLING CO Liquor 247.55 5047 DAY DISTRIBUTING CO Beer 3,258.04 5048 CAPITAL CITY DISTRIBUTING CO Beer 32.00 5049 DELLIS PAPER Supplies 110.61 -5050 THORPE DISTRIBUTING CO Liquor 4,315.85 5051 COCA-COLA BOTTLING MIDWEST INC Liquor 323.85 5052 LEDING DISTRIBUTING CO. INC. Liquor 2,693.05 5053 GOLD MEDAL BEVERAGE CO Liquor 211.52 5054 EAST SIDE BEVERAGE COMPANY Liquor 3,914.05 el 5055 NCR CORP. Supplies 42.84 1p. 5056 VOID 5057 OLD PEORIA COMPANY, INC Wine 336.95 5058 GRIGGS, COOPER & CO. INC. Liquor 1,065.27 5059 CARLSON STORE FIXTURES Fixtures 72.1E 5060 JOHNSON BROTHERS WHOLESALE Liquor 984.09 • 5061 INTERCONTINENTAL PACKAGING Wine 538.66 5062 ED PHILLIPS & SONS CO Liquor 3,648.13 5063 MIDWEST WINE CO. Wine 90.9?. 5064 MINNESOTA DISTILLERS, INC. Liquor 1,509.09 5065 POSTMASTER Postage 428.06 5066 PERA Payroll 7/6/79 7,782.89 5067 VOID 5068 CEDAR HILLS GOLF COURSE Golf Lessons 26.00 5069 PHYSICIANS HEALTH PLAN July Insurance 4,901.59 5070 PHYSICIANS HEALTH PLAN July Insurance 123.8? 5071 OMNI THEATER Summer Fun-Park Recreation 42.00 5072 HOPKINS POSTMASTER Postage 5.00 5073 FEDERAL RESERVE BANK Payroll 7/6/79 906.05 5074 WESTERN LIFE INSURANCE CO. July Insurance 331.55 5075 SUSAN BEEM. Park Recreation 50.00 5076 ALICE PRINGLE Park Recreation 50.00 5077 MINNESOTA KICKS Teen Work Program-Park Rec 72.50 5078 RIVERS EDGE-TUBING Teen Work Program-Park Rec 85.25 5079 MINNESOTA DEPT OF ADMIN. Books 27.50 it5080 ED PHILLIPS & SONS CO. Liquor 141.00 5081 KIWI KAI IMPORTS, INC. Wine 34.7s 5082 JOHNSON BROTHERS WHOLESALE Liquor 1,106.7? 5083 GRIGGS, COOPER & CO. INC. Liquor 679.5/ 5084 ED PHILLIPS & SONS CO. Liquor 1,069.93 5085 MIDWEST WINE CO. Wine 110.0l 5086 EAGLE DISTRIBUTING Wine 497.6/ .' it l Page two August 7, 1979 5087 OLD PEORIA COMPANY, INC. Wine 2,040.87 11 5088 HOPKINS POSTMASTER Postage 17.81 5089 MRPA Valley Fair Tickets-Park Rec. 613.05 5090 FREYE THEATER Park Recreation 29.50 5091 BETSY SCOTT Mileage 6.48 5092 PETTY CASH Postage 10.00 5093 STATE TREASURER Social Security Contribution fund 28,116.72 r 5094 OLYMPIC HILL GOLF Expenses 935.10 5095 PERA Payroll 7/20/79 7,349.61 5096 COMMISSIONER OF REVENUE Payroll 8.805.29 5097 FEDERAL RESERVE BANK Payroll 7/20/79 10,398.32 5098 GRIGGS, COOPER & CO. INC. Liquor 333.29 5099 JOHN FRANE Expenses 114.40 5100 UNITED WAY OF MINNEAPOLIS Payroll 62.68 5101 SUBURBAN NATIONAL BANK . Bond deductions-July 300.00 5102 AMERICAN PUBLIC WORKS ASSOC. Registration fee 100.00 5103 CHRIS SKRIEN BAND Expense-Park Recreation 150.00 5104 JOHNSON BROTHERS WHOLESALE Liquor 646.16 5105 TWIN CITY WINE CO. Wine 135.02 5106 INTERCONTINENTAL PACKAGING CO. Wine 514.90 .• 5107 MINNESOTA DISTILLERS, INC. Liquor 1,046.56 51i: MINNESOTA WINE MERCHANTS Wine 218.09 5109 OLD PEORIA COMPANY, INC. Wine 38.81 5110 GRIGGS, COOPER & CO. INC. Liquor 777.69 5111 MIDWEST WINE COMPANY Wine 350.15 5112 ED PHILLIPS & SONS Liquor 2.187.89 5113 PRAIRIE VILLAGE MALL ASSOC. Rent 1,892.3E 5114 HENNEPIN COUNTY PARK RESERVE Teen Work Program-Park Rec. 31.00 5115 AARCEE RENTAL Teen Work Program-Park Rec. 61.00 5116 INTERNATIONAL UNION OF OPER. Union Dues 176.0C 5117 AARCEE RENTALS Cooler Rentals 8.00 5118 JOHN ADELMANN PLBG . Refund of License 15.00 5119 ALTECH Service 35.0C 5120 AMERICANNA VENTURES, INC. Service 20.45: 5121 EARL F. ANDERSEN & ASSOC. INC. Signs 1,786.51 5122 AQUATROL CORPORATION Repair Pump 160.3, 5123 ARMOR LOCK & SAFE CO. Keys 40.6t 5124 AWARDS, INC. • Plaques 198.3: 5125 ALBINSON Supplies 21.5t • 5126 DON BERNE Senior Center-Desk 15.00 5127 BOYER FORD TRUCKS New Truck 19,140.4( 5128 BRAUN ENGINEERING TESTING Tests 4,22O.3 5129 BRYAN AGGREGATES, INC. Lime 628.34 5130 BUREAU OF BUSINESS PRACTICE Subscriptions 27.60 5131 BUSINESS FURNITURE INCORP. Files 92.0( 5132 JOHN BURNS Mileage 111.82 5133 CTS BUSINESS MACHINES Repair Equipment 35.1t: 5134 CAROUSAL SNACK BAR Refund on License 127.9t 5135 CLUTCH & TRANSMISSION SERVICE Parts 578.7G 5136 COLLEGIATE PACIFIC Supplies 196.0:' fi 5137 JOHN CONLEY Equipment Repair 11.44 5138 WALLACE CONRAD State Fire Convention 24.7i 5139 COUNTRYSIDE AUTO PARTS Supplies 20.04 5140 CROWN RUBBER STAMP CO. Supplies 26.74' 5141 MARGARET CUMMINGS Supplies 5.4" 5142 CURTIN MATHESON SCIENTIFIC Supplies 37.3. 5143 DALCO Supplies 112.6'.. Page three • August 7, 1979 t 5144 DASCO INC. Supplies 49.92 5145 DECATUR ELECTRONICS, INC. Equipment Repair 1522.8811 5146 A.B. DICK PRODUCTS COMPANY Paper 88.02 5147 DAVID DUNHAM Mileage 5148 EDEN PRAIRIE-FIRE DEPARTMENT State Fire Convention 341.46 5149 EDEN PRAIRIE GROCERY Supplies 11.89 5150 EDEN PRAIRIE NEWS Ads 449.31 5151 EDEN PRAIRIE SCHOOL DISTRICT Service 2,65389 5152 EMMER DISTRIBUTION CENTERS Paneling .54.59 5153 EMPIRE-CROWN/AUTO, INC. Supplies 7.50 5154 ENABLERS Subscriptions 5155 ESS BROTHERS & SONS INC. Culverts. 68.00 5156 FEDERAL EXPRESS CORP. Expense-freight charge 19.45 5157 FEED-RITE CONTROLS, INC: Ferric Sulfate 1,131.00 ! 5158 FINLEY BROS. ENTERPRISES Round Lake tennis courts 4,291.20 5159 FIRE CHIEF MAGAZINE Subscription 15.00! 5160 FLEXIBLE PIPE TOOL COMPANY Supplies 26.90 5161 FRONTIER LUMBER & HARDWARE Supplies 135.79 . $162 GENERAL COMMUNICATIONS, INC. Service & Parts 387.54 ' 5163 GRAHAM PAPER Paper Supplies 410.00 5164 GUNNAR ELECTRIC COMPANY Equipment Repair 1992.90 5165 ERIC L. HAGEN Expenses 8.00 5166 KATHY HALORAN Mileage 5167 HANSON RIDING STABLE Leisure Challenge-Park Rec. • 42.0C r5168 HAYDEN-MURPHY EQUIPMENT COMPANY Equipment 211.25 5169 HENNEPIN COUNTY FINANCE DIV. Board of Prisoners 33.00 5170 HENNEPIN TECHNICAL CENTERS Tuition-Fire Department 504.00 5171 JAMES HENRIKSON Refund of fee 8.50 50 5172 JENNY HENRIKSON Refund of fee 67.90 5173 HODGES BADGE COMPANY, INC. Park Supplies 1,130.00 5174 HONEYWELL PROCESS CONTROL Equipment Maintenance 5175 HOPKINS PRINT SHOP, INC. Supplies 17.007.0 5176 BILL HORNIG Mileage 663 80 630 5177 HUB OFFICE PRODUCTS CO. Supplies 5178 WILLIAM P. HUBER Mileage 43 5179 INTERNATIONAL CONFERENCE-BLDG Membership dues 1 0.05 .00 5180 GENE A. JACOBSON • Fire Instructors Conference 42.00f 5181 GEORGIA JESSEN Expenses 2.4 600 • 5182 ELIZABETH G. JOHNSON Services May-July 8.49 5183 JUDSON FAMILY CENTER, INC. Test 50.00 5184 CARL JULLIE July expenses • 233.00 5185 KC AUTO BODY Repair 534.21 5186 KARULF HARDWARE Supplies .0E 1 0 5187 TERRY KEILEY Refund of fee 153.60 2 5188 KRAEMER'S HARDWARE Supplies 53. 5189 CHIS KRANTZ Mileage 84 10.00 5190 • JENNIFER KRATZ Refund of fee0.9 5191 PAUL R. KUJAWA Mileage 185.5094 5192 MARVIN LAHTI State Fire Convention 5193 VOID ., . 5194 ROBERT LAMBERT Expenses-June & July 5200 (, 5195 LANG, PAULY & GREGERSON, LTD. Legal fees 5.74 429.1: `,: 5196 LAW & ORDER Subscription 9.00 5197 LEASE-A-LEMON OF MINN., INC. Rental of cars 1,424. 5198 LOGIS Service .+l,) • • • Page four • August 7, 1979 if 5199 LOWELL'S QUALITY AUTO PARTS Parts 28.75 5200 MATT'S AUTO SERVICE, INC. Parts & repairs ,. 81.00 5201 ROBERT N. MARTZ • Mileage """ _ 145.50 5202 MAYVIEW RADIO Equipment repair 343.35 5203 MEDICAL OXYGEN & EQUIPMENT Oxygen 40.28 5204 MERIT PRINTING Business forms 342.35 5205 METRO FUME COMMUNICATIONS, INC. Services 35.40 5206 MIDLAND RECORDS Records :..93 5207 MIDWEST ASPHALT CORPORATION Blacktop 5,510.65 5208 MINNESOTA FIRE INCORPORATED Equipment repair 401.69 5209 MINNEGASCO Service 108.06 ' ' 5210 MINNESOTA VPLLEY ELECTRIC Service 19.25 ' 5211 MINNESOTA VALVE & FITTING Supplies 260.80 5212 RAY MITCHELL • Conference 193.76 5213 MUNICIPAL & PRIVATE SERVICES Service-June 1,053.35 5214 DENNIS NESBITT Mileage 6.12 5215 BERNARD NEUMANN State Fire Conference 131.39 5216 NOREN PRODUCTS, INC. Supplies 8.00 5217 NORTHRUP KING CO. Grass Seed 828.96 5218 NORTHERN STATES POWER CO. Service 7,037.88 5219 NORTHWESTERN BELL Service 153.25 5220 PAULINE OLSON Expenses 24.58 5221 WILLIAM OTTING Refund of license 1,000.00 5222 PENNY'S #25 Supplies 10.54 ii 5223 PEPSI COLA City Hall & Water Plant 754.50 5224 PERBIX, HARVEY, SIMONS Legal fees 2,542.2C 5225 PULBIC SAFETY-PETTY CASH Supplies 4.9 5226 PHOTO MILL Film 182.$8 5227 R.L. POLK & CO. Subscription 93.00 • 5228 POWER BRAKE EQUIPMENT CO. Supplies 8.34 5229 POWER-PROCESS EQUIPMENT, INC. Repair Equipment 711.80 ii! 5230 PROTECT-AIRE Expenses-Auto 95.00 5231 PRAIRIE OFFSET PRINTING, INC. Supplies 37.00 5232 PUMP & METER SERVICE Refund of fee 105.00 5233 RAPID COPY, INCORPORATED Supplies 5.00 5234 JIM RESCH Golf Instructors 700.00 5235 RIEKE-CARROLL-MULLER ASSOC. Service-Crosstown Ind. Park & Shady 5,230.83 Oak Ind. Park 5236 ROBERTS DRUG Supplies 47.32I 5237 SATELLITE INDUSTRIES, INC. Portable Restrooms-Park Dept 1,488.90I 5238 SHENEHAN-GOODLUND-TAYLOR Appraisal fee 365.00 5239 SPETZ & BERG Refund of fee 26.50 5240 W. GORDON SMITH CO Supplies 119.85; 5241 SONIC ALARM CORP. Equipment 182.50' 5242 MARKS STANDARD Supplies 11.00 5243 STANDARD SPRING COMPANY Equipment repair 143.78!I 5244 DON STREICHER GUNS, INC. Supplies 5.31 5245 SUBURBAN CHEVROLET CO Parts & repairs 92.5,1 5246 SYSTEMS 3, INC. Supplies 62.Oi1 • 5247 DON THOMPSON Tennis Instructor-Park Dept. 1,273.00 5248 THRIFTY PRINT Supplies 158.8 5249 TOWN'S EDGE FORD, INC. Parts & repairs 16.8 5250 TRANSPORT CLEARINGS Shipping Charges 19.54 5251 ROGER ULSTAD Expenses 100.01, 5252 UNIFORMS UNLIMITED Uniforms 675.2. "• 5253 UNIVERSITY OF MINNESOTA Film rental 3.7! '• ' ••••• '' • .•-'".' ,'",....::••••.,:•-•".:'••• ..,..'..'''.,.. t.,,r.,...,i,,'....—..:.F,:.,:•:',.••••••••...:, ',7,.....-,_,,,,•• , , .•-.. . ,,,; ., .7'... ,..: : . ''',-' l.'• -''...,....,..•'.'•••..2 . 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''.; l''''''''.';'''':r 2''''''.::-;;":7).'-'':':-.4::':::::-' ,''''',2:;',.'...::'.".•L'''''..,:;:,,,mi",:',..1,-..-r'...,..::::.',.,7;.t..;;;72.,,,,,.,:::::::::;;;,,,,,,..,..:„.„-:::,..",,.:...,'..:„..:',,:i,',..:::„.,:i,..,...,. ...„,,:.,,,•,,,.....,,,,,,•„,,,,..,..„ti.,:.:.:::,, ,,,,,,,..,::::...:,.:if2.:::::4::...t.3 fl,,.....4:,,,,:,::,....:,.. .,...j.,. . ' ' ':'''' '": ''''.'7''''''''..:'''''''''''''';'''.:5:'.'"i'''..•''';'''''',"i':::,,'4:',,','''':-..'''''' .',,--''.';','' .-,:•:',.:.;,..'''',,-.,..,.•.'".-77,7„'„,,:,,..7„;•.,-,..5,,,.;-..::::..,..,...,,,,,,.ii,.,1,.....„,,,. .,,,-,,,,.,,,,,,,...,2„..,...,..,,, , ,. ...— ,...... , ,—, ,,..-.. ..,„ ...•-„,... --, ..,,, ...,--,.. -. ....,L,7..,. •••...--.,.. ...,......, ,.,,.,, _ : ; ;' ''''''''' ''';'1:-.:::';:"'7,:'"..'''•1;:',',:','""..:..L.::.'"c•':'•,..7,"':'",.„';',,:''''.::::•:::::',','T._,-':i..f.: .:7'''''.',::•'"7.. .:':':.•‘,',':''''....;:"''',....'''.•;''..';'''''''''''''''.,:::;:.;;;:....:,:.:F'''''•':•''.2:::)',,.'':::::'...'....:;•7:;',':';'.:•,?:'7,7:"'••••C,,,,_ - '- s ' ' :' *. ''''''''''.:';':-`,..':).-''''''''''.'::-.:-.•-•':-::::,-.:':.i.':,'.1:::::-.1,,..!.,':7',.,:,....:rt:,;,:.;,..7.,..,...f‘,..,::.,.i.:'::::•'::,::::::;::t.:i;..i.::,,:,..;:.....:::::::.,:_:...t_:::::::,t.:,,,:,:::„,::;:;:;:.,:. :,:r,::: . ''.;-:1 • 'HI, .... '',...',.7,'''';',i,1-.• '.:-.'1''..-:7.'.:,;-..;:::".:', :.•.,::,...,.,:•::::"!5•;•-,..",..,...,'F,::::::.',....:,:-. :.:'::::::,....,;,......,;.......'•-,,,.:7,:...'•;...•.-?:;::.;4.... ....,.:.,.....,',.;;',;'.•...."ii;:.:.' "‘,'' ...• ' :.•‘;',. '''."''.•,.'..'.:•:.•,.•••.''.............,.... '';',.„......::,.....,.... -..,,it,'„,:;•:.....---.•,.,.......,.-.......4.,...•..-.--,•••••-,.-..•; -:....,,,,•••„•••••"..",,,......,,,,...,.::„.„,.:-.......:,•:.•„?,;.:, . .. „.„,, ...„... . . „ ,. • • ,„... • ...... ...— . ... ,„ ._ •• •...„ , „„,„„,.„:„.. .,. ..,., _... •. . -.. ,,, •••••.: • '.,i,,••,......::: . Page five . - . August 7. 1979 180.50 Chlorine Liquid 100.95 -• ' Supplies 5.25 5254 yiku wATEgg INC,& OGRS 320,79 •' 1:,:•'".•:::,,,, 52" WAHL latili.L. Expenses 2.514.40 ... '.,••••,.•-•••,';:::. $156 KEIT" AGGREGATES INC. Rock 530-65 •. Water Meters 41.04 , . . r4y..z. Suppl les ., 20.25 • •-• 52572gg' WATER TouP CIS COMPANY,;.:..,.'i.:;.-•:-.,...: 5,,,K9 A. METSIVO1 CO. Mileage 77-7... "'"'6280 g&tiOriAAMS Certificates 40.00 ---- JANEr:Wc.5fON CE ItIC. Service 1,050.0f, . ., N52610A0 .'WOODLAKEIANI TART SERVI • Supplies & Service 7.3,' ',..7•7„. ...-,,..., • ' XEROX.CORPORATION Mileage , 475-'0° Itefulid of fee • : 6.,,SO • - :::,:',.,:1‘2.:•''-,'1'.."..' ..,..52.52646 ' : ; IIECKY 7AlliagmEs INC. - ...., • ZAtiltiAN Mileage ::••••,'•:.'. . '. Mk. .111E2D y. ,Etitlii.11ERG . '•:,-„,-,.. ... . ...,'".:7'....- TOTAL : zartioPt470 ... . , ,o..:3 ., , i'.•-', . . • . ..-•'. '5::„:':',..'•'.. . : : ' . ., • , ...'"2,•r.'„ :..",.'"- •• . , • '...7....f:' ,:.•L''.' • .;,„ i• '•:-.2s.''.....•• ,,. „,',.;,-...•'''.,..:. ''• ...., . .:.. . :r.,-,.:'..'•-.... ''.... • ":2‘....„,„:„ .7,•...., - .... ,•,:i......',,,f'.• '.', . ,.-., i'-..F.':,... ,...„. • ';..1...,.-.. :•:::' ,.. , ..,:::.',..:. ';'.:• .. . .....- ',7:.. ... . ...:!.., • • .. , .. , . ,. . .. . . . .• .• . . , • ,.. . , , .- II ''.-.:, :„ .., 7",'::-;..• ',''s".-7'. :•;..:— .',,ti. •, • • ' . •, ,