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Home My WebLink AboutCity Council - 01/08/1980 EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 8, 1980 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. OFFICIAL DESIGNATION A. Appointment of Acting Mayor for 1980 II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS III. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 18, 1979 Page 1 IV. CONSENT CALENDAR A. Clerk's License List Page 10 B. Receive 100% petition and order improvements for Duck Lake Vista, Page 12 I. C. 51-367 Resolution No. 80-10) C. Renewal of Metropolitan Waste Control Commission's Joint Use Rental Page 14 Agreement No. 438 D ) 2nd Reading of Ordinance No. 79-32, rezoning 10 acres from Rural to Page 17 R1-13.5 for Overlook Place by Hustad Development Corporation and , ' developer's agreement E. 2nd Reading of Ordinance No. 79-41, rezoning from R1-22 to Office Page 28 and RM 2.5 for an office building and an elderly apartment for Prairie Village Professional by Eagle Enterprises, and developer's agreement F. Set Public Hearing for Proposed Special Assessments on Diseased Trees for February 5, 1980 V. PU8LIC HEARINGS A. Vacating drainage a ut lity easements along northerly line of Page 39 Lot 2, Block 2, Sha Oak Industrial Park (Resolution No. 80-09) VI. PAYMENT OF CLAIMS NOS. 6797 - 6955 Page 40 VII. REPORTS OF ADVISORY COMMISSIONS VIII. APPOINTMENTS • A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 Alternates 1 City Council Agenda - 2 - Tues.,January 8, 1980 r; B. Health Officer - Appointment of 1 Health Officer for the year 1980. Appointment by Mayor with consent of Council. C. Suburban Rate Authority - Appointment of 1 Representative to the Suburban Rate Authority for 1980. Appointment by Mayor with consent of Council. 0. South Hennepin Human Services Council - Appointment of 2 Representatives to serve 2 year terms commencing 2/1/80 E. Assistant Weed Inspector - Appointment of Assistant Weed Inspector for 1980 F. WAFTA Board - Appoin t of epresentative for a 1 year term. Appointed by Counci l � 1.B rL,. IX. OROINANCES & RESOLUTIONS ,A. i Resolution No. 80-01, authorizing use of facsimile signatures by Page 44 Public Officials B. Resolution No. 80-02, authorizing the treasurer to invest City of Page 45 Eden Prairie Funds IC. 1 Resolution No. 80-03, designating an official newspaper Page 46 ,-4/1 0. ; Resolution No. 80-04, authorizing City Officials to transact Banking Page 48 1 d ) business 'P n .. d 1for p;,, •; E. Resolutio,�f 5, esignating deposit for the City of Eden Page 49 Prairie •� F. . Resolution No. 80-06; designatin official meeting datesif/ im age 52 - j and place for the City of Eden Prairie Council members in 19 G. Resolution No. 80-07, setting sale of $3,500,000.00 Park Bonds for Page 53 February 19, 1980 H. Resolution No. 80-11, authorizing participation in the Suburban Page 54 Police Recruitment System I. Resolution No. 80-12, entering into an agreement with the Page 65 Minnesota Department of Public Safety for the loan of three roadside breath testers X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Manager 1. Renewal of contract for Animal Patrol Services with Metropolitan Page 70 Animal Patrol Services, Inc. (MAPSI) • 2. Approval of Local 49 Contract Page 71 3. Appointment of City Attorney City Council Agenda - 3 - Tues.,January 8, 1980 D. Report of Director of Community Services -• 1. Receive and award bids for Senior Citizen Van Pas.75 2. Bluff Property Preservation (continued from December 18, 1979) Page 77 3. Request from Parks, Recreation b Natural Resources Page 78 Commission on policy regarding park fees on subsidized housing 4. Developer's agreement for Valley Knolls 2nd Addition Page 80 E. Report of Finance Director 1. Municipal Industrial Development Bond Guidelines (continued Page 86 from December 18, 1979) 2. Tax Increment Financing 4,1 Page 91 XI. NEW BUSINESS M F+'&d-0's ✓#1."' XII. ADJOURNMENT. • • To: Mayor and Council From: John Frane Date: January 7, 1980 Re: Depository for 1980 The Suburban National Bank has been the depository for the City's payroll • account since July'of 1976. The City has maintained a savings account at Suburban since May of 1976 and its general checking account since January 1977. It seems reasonable to grant the request of the First State Bank to become the City's depository for these funds for the next 2 or 3 years. The liquor store funds should, however, remain at the Suburban Bank because of the closeness • of the store to Suburban's facility at the Prairie Village Mall. This change could occur April 1, 1980, when the existing supply of checks is exhausted and checks can be printed and delivered. • The City has had an excellent banking relationship with Suburban and should have the same experience with First State. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 18, 1979 7:30 PM, CITY HALL '.+ COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath rr COUNCIL STAFF PRESENT:: City Manager Roger Ulstad; City Attorney • Roger Pauly; Assistant Planner Jean Johnson; Director of Community Services Bob Lambert; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: City Manager Roger Ulstad PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the agenda: Discussion on Tax Increment Financing as item VII. A.; Settin a Public Hearing for consideration of a liquor license for Brothers Restaurant for January 22, 1980 as item III. M.; and Brown Property Dedication as item.I. D. 4. MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES A. Canvassing Board meeting held Friday, November 16, 1979 MOTION: Redpath moved, seconded by Penzel, to approve the minutes of the Canvassing Board meeting held Friday, November 16, 1979,as published. Motion carried unanimously. B. City Council meeting held Tuesday, November 20, 1979 MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the City Council meeting held Tuesday, November 20, 1979, as published. Motion carried unanimously. C. Joint City Council, School Board and Parks, Recreation & Natural Resources Commission held Saturday, December 1, 1979 MOTION: Edstrom moved, seconded by Osterholt, to approve the minutes of the Joint City Council, School Board and Parks, Recreation & Natural Resources Commission meeting held Saturday, December 1, 1979, as published. Motion carried unanimously. D. City Council meeting held Tuesday, December 4, 1979 Pg. 6, 2nd para., line 10. strike "minotor" and insert "monitor". Pg. B, after the 1st para. of item D. 1., add a new para, to read as follows: "Edstrom expressed concern about the safety of the deepened reservoir." MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the City Council meeting held Tuesday, December 4. 1979, as amended and published. '1t Motion carried unanimously. I • Council Minutes - 2 - Tues.,December 18, 1979 III. CONSENT CALENDAR A. Clerk's License List B. Set Public Hearing for COR Investment fonJanuary 22, 1980 ` C. Set Public Hearing for Rembrandt's Michelangelo Gardens for January 22, • 198o • • D. Set Public Hearing for Olympic Hills Sixth Addition for January 22, 1980 E. Final Plat approval for Duck Lake Vista (Resolution No. 79-229) • F. Set Public Hearing for reinstating Planned Study properties around Co. Rd. 4 • • and T.H. 5 back into Planned Study for January•22, 1980 • G. 2nd Reading of Ordinance No. 79-36, rezoning from Rural to R1-13.5 for Nemec Knolls by Mr. & Mrs. Donald Nemec and developer's agreement H. 2nd Readin4 of Ordinance No. 79-42, rezoning 8 acres from Rural to R1-22 for Willow Creek Farm by Vernon Geiger and developer's agreement I. Request to set a Public Hearing for Municipal Industrial Development Bond approval for Einess, Norderhus and Anderson Project (Eden Prairie Professional Building) in the amount of $700,000.00 for January 22, 1980 J. Request to set a Public Hearing for Municipal Industrial Development Bond approval for Tekcom Properties in the amount of $1,250,000.00 for January 22, 1980 K. Request to set a Public Hearing for Municipal Industrial Development Bond approval for S.K.S. Properties in the amount of $1,000,000.00 for January 22, 1980 • L. 2nd Readingof Ordinance No. 79-37, rezoning 1st Addition, Shady Oak IndustrialPark from 1-5 to I-2, rezoning 3rd & 5th Addition from Rural to 1-2 and developer's agreement M. Setting a Public Hearing for consideration of a liquor license for Brothers Restaurant for January 22, 1980 • • MOTION: Edstrom moved, seconded by Redpath, to approve items A - M on the Consent Calendar. Motion carried unanimously. Council requested an item be added to the January 22nd Council meeting on the subject of outdoor advertising signs, i.e., signs which are in violation of City ordinance. Penzel requested that a map be provided to Council members depicting the location of all signs that are in violation of the ordinance. • Edstrom asked to be provided with background documentation as he was not a member of the City Council when this item was originally discussed. IV. PUBLIC HEARINGS • A. Hidden Glen PUD, request for PUD concept approval for si le famil detached lots on approximately 125 acres. Located east of Tit 101 and south o own ine Road (Resolution No. 79-198) Continued from December 4, 1979 Dick Feerick, representing the owners of the property - the Joe Dolejsi family, z Council Minutes - 3 - Tues.,Decaneber 18, 1979 A. Hidden Glen PUD (continued) spoke to their request for PUD Concept approval and also addressed the request • that part of the area be made available for no garages for roughly 70 lots on the northern portion of the site. Assistant Planner Jean Johnson explained the Planning Commission again reviewed this project at their November 26th meeting at the request of the Council, • at which time the Commission recomaended•approval of the PUD Concept contingent on the Planning Staff Report dated September list with the addition of-two .. _ items: 1) that a feasibility study be done.on the location of Dell Road and 2) that the neighborhood park area should be_dedica.ted with Phase 1 approval. • Director of Community Services Lambert explained when the Parks, Recreation & Natural Resources Commission reviewed this proposal, the final plan for the park was a°little bit different than what is now shown. The northern edge•- of the park was moved up and was fronting on the east/west through street and was 10 plus acres. The proponents were agreeing to grade, seed and dedicate • the park in the 1st phase - then there would be no cash park fee. This is what the Commission recommended for approval. ^,Pauly questioned when the other open space areas in the project would be dedicated. Lambert responded the mini-park would be dedicated in the 1st phase, and the others could be dedicated any time. The greatest urgency is the neighborhood park. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-198, approving the Hidden Glen PUD request for PUD concept approval (the concept to provide for a number of no garage variances) for single family detached lots on approximately 125 acres as per the Planning Commission recommendations and the Planning Staff Report dated September 21, 1979, deleting item 5 and adding a new item to read: "That the absolute number of lots without garages • and their location within the PUD will be determined during the development stage review." Redpath, Osterholt, Pauly and Penzel voted "aye", Edstrom "abstained". Motion carried. B. Public Hearing for vacating portion of drainage and utility easements east of • Lotus View Drive (Resolution No. 79-225) City Engineer Jullie spoke to Resolution No. 79-225, recommending that portions of the drainage and utility easements east of Lotus View Drive be vacated. Jullie explained the City has received request6from the Jarip Corporation and Ms. Audrey Buss requesting a vacation of a portion of the utility easements which were acquired about four years ago when sewer and water were installed along Lotus View Drive east of T.H. 101. Because Lotus View Drive ended in a cul-de-sac rather than extending through to Tartan Cruve, there now is excess right-of-way which can be vacated. It is possible to vacate 5 feet on both the north and south sides of the easement and still retain sufficient right-of-way for the sewer and water lines which are in place, Rusty Irvine, Jarip Corporation, added the original easement was for utility • purposes only - not for road purposes. The original recommendation was to move the road where they would not have to cut, grade and fill as much, so at that t time the accommodation was made to put the cul-de-sac in on Lotus View Drive and move Maple Leaf Drive further south. At that time they did not hear any objections about cul-de-sacing Lotus View Drive, as that seemed to be what every- body was asking for. 3 Council Minutes - 4 - Tues.,December 18, 1979 • • B. Public Hearing for vacating portion of drainage and utility easements east of Lotus View Drive (continued) Jane Kuhar, legal counsel for Audrey Buss (who was also present), explained 1.. Ms. Buss pruchased the property several years ago and only after the area avas in the process of developing and because of her certain tract, tried to work with the way the development was going in order to come up with something that would fit in with the plan. Also at the time they were doing the drawings, it was discovered that a portion of the,easement encroaches onto the existing house. Probably what happened at the time the easement was dedicated, there may not have been a formal survey showing that encroachment. That is part of the reason Ms. Buss is asking for a vacation of the five feet, and also looking at the map the asbuilt portion of the easement actually just is the 20 feet and that is why they are asking for a reduction of the easement. Irvine stated it is the first time he has heard the easements were ever paid • for. Jullie replied it was included in the purchase of the right-of-way. Irvine further questioned if this was on any particular or all parcels? Jullie ''I responded he would have to check and would come back with the answer later on during the Council meeting (see item VI. E. 3.). MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 79-225, vacating a portion of drainage and utility ease- ments east of Lotus View Drive, with the provision that the City Engineer check as to the fees paid for the easements and, if they were, reimbursement be made to the City. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 6577 - 6795 • MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos. 6577 - 6795. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members rj I. Mayor Penzel explained he has been contacted by Hakon Torjesen requesting a leave of absence from the Planning Commission for about 4 months as he and his wife intend to go to Thailand to serve as volunteers to treat 2 Hoe—Chinese refugees. The Planning Commission supports his request and recommends the Council also grant him this leave. • MOTION: Osterholt moved, seconded by Redpath, to grant Hakon Torjesen a four month leave from the Planning Commission. Motion carried unanimously. B. Report of City Attorney • City Attorney Pauly reported that the Ridgewood Condominium Association and Ban Con, Inc.have worked out their differences which has resulted in a Stipulation of Dismissal. C. Report of City Manager • No report. 4 Council Minutes - 5 - Tues.,December 18, 1979 D. Report of Director of Community Services 1. Rotary Club donation for Community Services Van ' Director of Community Services LambertrOoke to his memo dated December 1,3; 1979, explaining the Eden Prairie Rotary Club has agreed to provide up to $2,000 a year for the next 3 years for-the purchase of a van to be used for the Senior Citizen Transportation Program. Lambert requested that ' the Council authorize Staff to obtain some written quotes-on-the purchase-- of :.; a van. MOTION: Redpath moved, seconded by Osterholt, to authorize staff to`obtatn quotes on a van as requested by Director of Community Services Lambert. Motion carried unanimously. Mayor Penzel expressed the Council's appreciation to the Rotary Club for their continued generosity. 2. Report from Community Center Building Committee Director of Community Services Lambert reported on the 1st meeting of the Community Center Building Committee held December 13, 1979 as outlined • in memo. Osterholt questioned the report prepared by Lambert as he felt the consensus of the Committee on December 13th was that the Committee make the recommendations to the Parks, Recreation b Natural Resources Commission of a number of architectural firms, and that the Commission will make a recommendation to the City Council. The Committee, according to Osterholt, felt they would only be available for special call if there was any further need for them to meet. Osterholt added he would bring this item up -- for clarification at the Community Center Building Committee meeting- scheduled for December 27th. Penzel questioned if any soil borings had been taken. Lambert replied they have been taken, the engineering is being done on the borings, and he should have a report before the next scheduled Committee meeting on December 27th. Penzel asked if Lambert had a report on the sewer line question. Lambert responded the Building Inspector, Wally Johnson, is looking into that. Apparently there is a problem with the direct connection, and maybe we will have to go around the outside of the school and make our own connection. Osterholt asked that the Council go back to the City's bond consultant to receive a more definitive idea on when the bonds should be sold. No action necessary. 3. Bluff Property Preservation Director of Community Services Lambert spoke to his memo dated December 10, - 1979, and answered questions of Council members. • Council requested that this item be continued to a future meeting and directed staff to secure more information on the topography and what could be developed keeping with the standards the City has used in the past. 5 Council Minutes - 6 - Tues.,December 18, 1979 4. Brown Property Dedication b .. Director of Community Services Lambert spoke to his memo dated December 17, 1979, recommending the Council consider accepting the draft warranty deed without the restriction, thus allowing the:City to have the option of pedestrian trails in the future. MOTION: Osterholt moved, seconded by Edstrom, to accept the draft tr.•,4„ warranty deed from the Brown's without'the restriction as reeommendedPby "r -' Director of Community Services Lambert as outlined in memo dated - • December 17, 1979. Motion carried unanimously. • E. Report of City Engineer _ 1. Consider bids for street sweeper.. . .. c MOTION: Osterholt moved, seconded by Pauly, to award the bid to MacQueen Equipment, Inc., the low responsible bidder, for a street sweeper in the amount of $48,095.DO. Roll Call Vote: Osterholt, Pauly, Edstrom, Redpath and Penzel voted "aye". Motion carried unanimously. 2. New Municipal State Aid Street designations (Resolution Nos. 226 and 227) City Engineer Jullie referred to his memo dated December 14, 1979, recommending the Council consider approval of Resolution Nos. 226 and 227. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-226, revoking established municipal state aid streets. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to-adopt Resolution No. 79-227, establishing a new portion to municipal state-aid route system within the City of Eden Prairie. Motion carried unanimously. 3. Final Plat approval for Sunset Crest (Resolution No. 79-228) City Engineer Jullie responded to a question that was raised during discussion of item IV. B. i.e., there was no payment to the property which is encompassed in this plat - the payment was to the south side. Penzel requested appropriate reimbursement be made.to the City. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-228, approving the final plat for Sunset Crest. Motion carried unanimously. F. Report of Finance Director 1. Discussion on Municipal Industrial Development Guidelines Penzel referred to memo submitted by Finance Director Frane which outlined the options the Council might want to include or exclude in potential MIDB guidelines. Penzel suggested the Council members pick their preferences • and let Frane know what their specific interests are, thus reducing the number of items before the Council discusses this item at a future meeting, Council members concurred with Penzel's suggestion. 4 Council Minutes - 7 - Tues.,0ecember 18, 1979 1. MIDS Guidelines (continued) Osterholt asked that the Council be provided with the State Statutes: . . . as amended that covers MI0B's. . This item was continued to the January 8, 1980 Council meeting as per the Council's request. 2. Request by Eden Hills Company for an extension of the time requirement . for final approval for Municipal Industrial Development Bonds Penzel expressed concern that municipal industrial development bonds are generally easy and quick to market and this is the first occasion for..the City of Eden Prairie where this is not the case. Penzel asked what the circumstances are for this type of a request for an extension. Osterholt also stated he was at a loss to understand why the bonds were not pursued and sold. Howard Rekstad, Vice President of Rosewood Corporation and partner in Eden Hills Company, replied initially after the bond was approved by the City and once they received approval in June from-the Commissioner of Securities, they went out and met with lenders and because of the location, they did not look upon it favorably to underwrite a bond for a building which did not have a tenant. At that point they started looking for tenants. In this particular area at that particular time they were unable to locate one tenant that said six to seven months down the road they will need 40,000 square feet. Rekstad continued, so not understanding that the 12-month limitation was in the process, they continued to work. Them they were caught in a tough money market. First National is giving them a three-year loan and during that time when the market comes down the bonds will be sold. They are anticipating the tough money market will be reversed and come Spring the bonds will be sold and they are prepared to move ahead on the project. City Attorney Pauly referred to communication from the City's bond counsel, Dorsey, Windhorst, Hannaford, Whitney & Halladay, where they have given an opinion that it would be in the discretion of the City to act, if it so desires, to extend the agreement. (Letter attached as part of minutes) Mr. Rekstad added they have received approval for MIDB's in other communities and there has never been a 12-month time limitation. • City Attorney Pauly commented the agreement for which the Dorsey firm acts as the City's bond counsel contains the 12-month limitation. The City • hasn't specifically adopted that as a standard requirement of the City as in some instances the City does not have the 12-month requirement, and in some other instances that is included in the agreement. • Edstrom felt the 12-month time limit should be included in the MIDB's guidelines when they come up for discussion on January 8th. Mr. Prince, Juran & Moody, spoke on behalf of the proponents, asking the Council for an extension of time so they have an additional period of time to place the financing. MOTION: Osterholt moved, seconded by Redpath, to grant an extension of the time requirement for final approval for Municipal Industrial Development Bonds for Eden Hills Company to the 1st Council meeting in April, and direct staff to investigate remarks made this evening. Osterholt, Redpath. Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. I Council Minutes - 8 - Tues.,December 18, 1979 3. Resolution No. 79-230, amending the 1979 Budget r MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-230, amending the 1979 Budget. Roll Call Vote: Osterholt, Redpatb,. Edstrom and Penzel voted "aye"; Pauly "abstained"... Motion carried. r_" VII. NEW BUSINESS c smi-lc+i• A. Mayor Penzel requested that an item be placed on a future Council agenda,nmsisting of an example on how tax increment financing might work for Eden Prairie. VIII. ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the Council meeting at 9:55 PM. Motion carried unanimously. Reed 1211r1iq am`,•_.. ., DORSEY,WINDMORST,HANNAP'ORD,WHITNEY a HALLADAY 111300 FUN? NATIONAL{AND 'WILDING 'LtyI MALT tO- -- MINNtArOLIN.MINN(NOTA -------- Ili TNIiD STINT$OUTNW1$T W-PIMT MAIIONrt WI$tuO.O1N0 INOCWUTEN,NINNL/OTA•111101 - IOM)0110.1000 '11T:NLOL.N1w3tUOTA ii101 MOW SSO-311$ CAtti:OONOW 1C111ii7-N1T T[LIX:li-ONi T.LtCOFltD:{C 1111340-ONO December 11, 1979 t!ftr JONN D.NOWT w)n[ts=N66,� Mr. Russell Prince - Jaran & Moody, Inc. 114 East 7th Street . ._.... . St. Paul, Minnesota 55101 Re: City of Eden Prairie—Eden Hills Company Industrial Development Revenue Bonds Dear Russ: I am in receipt of your letter of December 7, relating to the above matter. Upon reviewing the documents, I am of the opinion that the Eden Prairie City Council is fully authorized in its discretion to amend, or waive entirely, the provisions of paragraph 4(a) of the Memorandum of Agreement relating to the above project. Very truly your , • ohn D. by JDK:smd cc: Mr. Richard Rosow Mr. John Frane • • • c 4 f CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST ' January 8, 1980 CONTRACTOR (Multi-family & Comm.) GAS FITTER "- . Aflolfson & Peterson, Inc. , Advanced'Heating & Air Conditioning-Inc. Antler Construction Co. Murphy Plumbing & Heating . Hayek Construction Co. Superior Contractors, Inc. Hennepin Technical Centers --- Libbey & Libby Co-. "' CIGARETTES & TOBACCO Lovering Associates, Inc. M. A. Mortenson Co. A & J Enterprises Rutledge Construction Co. Prairie Motel Starkey Labs, Inc. United Properties FOOD HANDLERS LICENSE - Type A • W. F. M. Enterprises Canteen Co. of Minnesota (MIS Bldg.) CONTRACTOR (1 & 2 Family) Carousel Snack Bars of Minnesota, Inc. Hennepin County Vocational Center Air Seal Company Jake's Pizza & Ice Cream Marvin H. Anderson Co. McDonald's Centex Homes Midwest, Inc. McGlynn Bakeries, Inc. Crest Investment Corp. Mr. Steak • The Dreyfus Interestate Dev. Olympic Hills Golf Club Durabilt Associates, Inc. Power's : Eliason Builders, Inc. Sears,Roebuck and Co. !' Ferris Construction Co. Fireplace Construction Co. FOOD HANDLERS LICENSE - Type B Harvey Homes, Inc. Stephen Longman Builders Roberts Drug Patron Builders Pools Inc. FOOD HANDLERS LICENSE - Type C ' Prairie Construction The Sussel Company Barberio Cheese House Waters & Associates Eden Prairie Grocery Watson-Forsberg Co. Hot Sam Companies West Suburban Builders Movies at Eden Prairie Zachman Homes, Inc. My Cheese Shop Nutrition World, Inc. HEATING & VENTILATING Servomation Corporation Worrell's Valley Dairy • Advanced Heating & Air Conditioning . Allan Heating & Air Conditioning RETAIL CANDY OUTLET Alliee Metal Craft Co. B & C Heating Co. Mr. Steak C. 0. Carlson Air Conditioning Co. Power's Ryan Air Conditioning, Inc. Sears, Roebuck and Co. ( Superior Contractors, Inc. Worrell's Valley Dairy Morrow's Nut House • PLUMBING PDQ Food Store Murphy Plumbing & Heating 10 • Clerk's License Application List Page two VENDING MACHINES • Cedar Hills Golf & Ski Coca Cola Bottling Co. Dircon Enterprises _. . . Gustafson, Inc. Christopher Harrison Interstate United Corp. Servanation Corp- $irVend, Inc. worrell's Valley Dairy • These licenses have been approved by the department head responsible for the licensed activity. • g,1ituia `117- Wa,f/Av .. Rebecca M. Warner, Licensing Clerk • • • '1 • January 8, 1980 CITY OF EDEN PRAIRI HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80-09 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR•-PUB.' LIC IMPROVEMENTS IN DUCK LAKE VISTA I.C. 51-367 BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvements in Duck Lake Vista, I.C. 51-367, at an estimated total cost of $116,000 have petitioned the City Council to construct said improve- ments and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City standards and ad- vertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract•for construction of said improvements shall not be approved by the City Council prior to 30 days.following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: SEAL • John 0. Frane, Clerk • • • '1 • ta LULA rAAAA.t, nllH•Lowin 1 • 1001 PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the Zeal property described • below and herein petition for the Eden Prairie City Council to proceed • with making the following described improvements: - --- (General Location) - Sanitary Sewer • Watermain t - Storm Sewer - - - • X Street Paving Duck Lake V a • Cubs Other Duck Lake Vista Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and • agree that the total cost of said improvements shall be specially as • - sessed against the property described below in accordance with the City's special assessment policies. We fuether understand thate • preliminary, estimated total cost for the said improvements is 111, 000 . • Street Address or other Legal Names and addresses of Petitioners Description of Property to be served (Must be owners of record) • Duck Lake Vista Tim Pierce s Associates, Inc. 6440 Flying Cloud Drive Eden Prairie, Minnesota 55344 • i0I V (For City use) Date Received 1./12/79 Project No. 1.G•51- 3(s'7 • Council Consideration • MEMO TO: Mayor Penzel and Members of the City Council _ _. THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer _ DATE: January 8, 1980 SUBJECT: Joint Use Rental Agreement No. 438 MWCC The Metropolitan Waste Control Commission has requested the City's renewal of the Joint Use Rental Agreement No. 438. This agreement covers the DL-1 trunk sanitary sewer in the northwestern corner of Eden Prairie which serves portions of the City of Chanhassen. The renewal period is Jan. 1, 1980, to December 31, 1980. Recommend approval of the attached Statement of Agreement. • CJJ:kh Attachment • DEC 4179 �� November 19, 1979 Mr. Roger Ulstad City Manager City of Eden Prairie-, • 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 RE: JOINT USE RENTAL AGREEMENT FOR 1980 Dear Mr. Ulstad: In accordance with Section 4 of the Joint Use Rental Agreement No. 438 between the City of Eden Prairie ;.; '. and the Metropolitan Waste Control Commission, such contract can be renewed by consent of both parties. We wish to renew for another year the Joint Use Rental Agreement No. 438 under the same terms and conditions contained in the Agreement which is presently in force between the City of Eden Prairie and the Metropolitan Waste Control Commission. The Renewal Agreement is enclosed in triplicate for • • your endorsement. We have signed the enclosed statement • as our intention of renewing the Agreement and ask that you also sign and return to us two (2) of the executed copies and retain one (1) for your records. Should you have any questions or suggested changes to the basic contract agreement, please contact us. Your cooperation in accepting this renewal procedure is' greatly appreciated. Very truly yours, 4 Richard J. Dou er y Chief Administ (o RJD:LRB:hy Enclosures cc: LaRae Bohn, Administrative Assistant, MWCC George W. Lusher, Director of Operations, MWCC John Almo, Interceptor Engineer, MWCC SSOmE!a0/0.=i f.DG. n i.i0E.:r::EV /ax,-.ra;ma!s.01 • • • • • STATEMENT OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 438 • The Metropolitan Waste Control Commission and the City of • Eden Prairie agree to renew the Joint Use Rental Agreement No. 438 under the same terms and conditions contained in jhe Agreement, _.. . . which is currently in force between these parties. The Renewal period for Joint Use Rental Agreement No. 438 shall be January 1, 1980 - December 31, 1980. That both parties• agree to the renewal period and terms is • evidenced by the signatures...affixed to this ,statement. • • • FOR THE CITY OF EDEN PRAIRIE THE METROPOLITAN WASTE CONTROL COMMISSION • • Salisbury a a, Chairman (Title) . (Title) R)hard gher C �f Administrator • • • Dated bated • • • • • • 1V Overtook rtuce DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and between HUSTAD DEVELOPMENT CORP., a Minnesota corporation, hereinafter., , referred to as "Owner" and the CITY OF EDEN PRAIRIE , a municipal corporation hereinafter referred to as "City", , WITNESSETH: • WHEREAS, Owner has applied to City to rezone from Rural and RM 6.5 to R1-13.5 approximately 10...acres, situated in Hennepin County, State of Minnesota, 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 into 29 lots for single family residences. NOW THEREFORE, in consideration of the City adopting Ordinance 79-32, 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 Oct. 8, 1979, reviewed and approved by the City Council on Nov. 6, 1979, and attached hereto as Exhibit B, 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 there- in of all of the terms, covenants, agreements, and conditions - set forth in Exhibit C, attached hereto and made a part hereof. } 3. Owner shall convey by Warranty Deed that part of the property shown as Park, Exhibit B, outlined in green to the City immediately upon filing of the plat and prior to issuance of any building permit. 4. Owner shall grade, seed, plant, landscape, and construct a play- ground structure upon that portion of the property shown as Park, Exhibit B, according to the specifications outlined in Exhibit D, attached hereto and made a part hereof, prior to the issuance of f the 15th building permit upon the property. • • !7 • Developer's Agreement-Overlook Place page 2 5. Owner shall grade the property so as not to exceed 3:1 ( 1 foot vertical • 'drop for each 3 feet measured horizontally) slope upon any portion of the property. 6. The following setbacks shall apply to residences constructed on the property; 30 feet front yard • 20 feet rear yard 5 feet sideyard for garage to side lot line • - 10 feet sideyard for 1 story residences(living area) to side lot line Any residences 1h stories or higher shall conform to Ordinance No. 135 standards. Setback distances shall be measured from the nearest property line to each portion of the residence(living area or garage). • Developer's Agreement-Overlook Place 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: Wolfgang H. Penzel, Mayor BY: STATE OF MINNESOTA) Roger K. Ulstad, 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 Prairie, a municipal corporation on behalf of the corporation. Notary Public HUST'O DEVELOPMENT, CORP., a Minnesota• core ja .one /Z/t/f/ff:TBY:, .S1 L BY: /9 STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged'before me this J/day of I/Ere,„j1e r 19979 hYp16//,r../// ,s/aI , the ere s,;,4•..r and by JORe el. L. dsl-eacnn the V. /Qsale,2/ of Hustad Development Corp., on behalf of the corporation. ELIZABETH A.RUSTAD ... NOTARY PUBLIC•MINNESOTA Notar Public }It 3 HENNEPIN COUNTY ,,7 u,comm.„.on Eapirv,,AAp 21,1N3 • t9 • • • • • DESCRIPTION FOR OVERLOOK PLACE.. That part of the east 5 chains of the Northeast-Quarter of-Section 27, Township 116, Range 22 and that part of the.West Half of the Northwest Quarter of Section 26, Township 116, Range 22 described as follows: Beginning at the:intersection of the center line of County Road No. 1, Hennepin County Highway Plat No._.6 with the south- erly extension of thereast line of Lot 7, Block 2, YORKSHIRE POINT, according to the recorded plat thereof; thence on an assumed bearing of North 2 degrees 30 minutes West, along the east line of said Block 2. a distance of 360.00 feet to the angle point in the easterly line of Lot 2 of said Block 2; thence North 25 degrees West, along the northeasterly line of Lots 1 and 2 of said.Block 2, a distance of 179.18 feet to the most northerly corner of said Lot 1; thence:North 34 de- grees 16 minutes 17 seconds East, along the:southeasterly line of Outlot A, of said YORKSHIRE POINT..91.38 feet; thence' North 80 degrees•.East along the southeasterly line of said Outlot A. 253.96 feet; thence North 25 degrees East along the southeasterly line of said Outlot A, 130.16 feet; thence North 67 degrees East along the southeasterly line of Outlot A. 163.04. feet; thence South 21 degrees 32 minutes 54 seconds East 871.77 feet to the-center line of said County Road No. 1; thence: westerly along said centerline of County Road No. 1 to the _point of beginning. Dated: 10/16/79 Job 3853 • • EXHIBIT A . .d ...........) : ' ----......_ _____,_______ _-__,--- Niiik ...,______ ____________,__.:::„,_,..„.:.:_____:_„, .: --....,,..„..._ \ , , . .. ... , . „7-_,PIP-- ,.. , , ‘ ,,,.,__ ..: ,: , "ft.\ 46441\ ...OS,\ 410.4\ V.-r.. .;:y ‘''-fg; r.°,,gialig°Iii"Dmm4N11114k*t* \ : \ '-''.1., ' . .. . / • 70111111111411111\N,.\ 1 ‘.,1`, . . - : .........t.f...) ' eto.1,1, \ fl %,'!,\ 4 .9/, .fr7IVI1141""•••,..,401101dlimWfi. \ I. Orti u:� � ` �� a > ,i..\ A . :.s. 4 ,,.:.. ,-til Li •• •'' (d 1‘41111‘' - 1; \Ill' .4 kit . ki V. Mr. 11, oil . _ ,,1 CZ of�� . \_.; ,,-r----1---.1/4•110 ,--. t ft,..„ cz, , A . ,,,,,A .,..", . ,,,,,.., , , 1 , ,,, , ._.,, , ,i44 r I ..411.44 1 kaidooll: t,t,:., ,z, i ::: Ith . 8. .. , . 1 ' 91) 1 ..9 _1. •: e4.- 6°,,,ie ..., ,,L....r.••-, "ggealarw_. ,,,--,;_:.----_-,- • ....;,.r, NC- �__. RWS ...---cam __L../Z.'.S-_=' .)ei W- "1! x=� ----- MQ@ _ ' - fife=n1�.... t..•aa.. • . • "EXHIBIT B" ' . 10/8/79 • . ' - • . , I . . 0 E_ v E l 0 P E ft • S _-_A G A E_E fi E Y EXHIBIT C page 1 of 4 I. 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. II. Owner shall submit detailed construction and storm sewer plans to the Riley-Purgatory Creek 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 • $ 325 per lot . The amount fo 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: IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, • Owner shall deliverto 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. • ( • .22 • • • .. Pale 2 of 4_Exhibit C . V. A. All sanitary sewer, watermain and storm sewer facilities. streets. curb. '..pttrr. sidewalks and other public utilities ("Improve'-ents") to be made and cci:tr.,ct.•d on or within the property and dedicated to the City shall to &signed in ' • compliance with City standards by a registered professional engineer and s.Y-.it.ted to the City Engineer for approval. All of the improvements shall be co oletedty Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work. labor or services rendered in connection therewith or material or equipment supplied therefore on or before, the later of, 2 years from the date hereof or , 19 ;•. ._. Upon completion and acceptance, Owner warrants and guarantees the improvements . a.( `, against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance.. In the event of-any defect in materials _:c a . or workmanship within said 2 year period said warranty and guarantee shall be for . a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. 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 together with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and speci fications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The `'' amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof . to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer ,and receipt of as-built drawings. 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 the costs of the improvements. B. In lieu of the obligation imposed by subparagraph V. A. above, Owner may submit a 100% petition sigred by all owners of the property, requesting the City to install the improvements. .Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improve- ments will be levied on the property, except any property which is or 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 obligation with respect to the rough grading work shall be secured ty a bond or letter of credit which shall guarantee completion, an payment for all labor and materials expended in connection wit^ the rough grading. 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 _`e C,ity Engineer. • 23 • Q-Li= shall sur..tt to the City [n,treer a Et.ele;rcnt 0 an eaiscing contcurs. propo:e4 ,radin3. fins:h.•d ele.att;rs. st►rrts.�r•^r. water and storm sewer preliminary aligr-ent snd grades. mint-u-t flr elevations. and arrows showing direction of.surface dratr..,,e, lcc.�5tc^i' of trails. etc. D. All private improvements shall conform to the City's building code requirements. E. Owner shall promptly upon a bill being rendered by the City .therefore..,. pay to City fees for first two year street lighting(public streets) engineering review, and street signs. VI. A. Owner shall remove all soil, and debris:from; and clean, all streets within., the property at least every two months, (or • within one week from the date of any request by City), during . , the period commencing May 1 and ending nctober 31, of each year, until such time as such streets and improvements there- in are accepted for ownership and maintenance by City, • B. Within 30 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a line 3 feet measured perpendicular with the curt orinlieu of said sod, place a • fiber blanket with seed approved by the City (secured with stakes a minimum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise ." for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in • the property are accepted for ownership and maintenance by • City. Owner shall also sod all drainage swales serving 5 or more lots a minimum distance of 6 feet on either side of the . _center of the Swale. C. The bond or letter of credit provided in paragraph V. A. • hereof shall also guarantee the performance of Owner's • obligations under this paragraph VI. • VII. 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. VIII. If Owner fails to proceed in accordance with this Agreement with- in 24 months of the date hereof and provide proof of filing in accordance with iten'VII. hereof, Owner for itself, it successors. and assigns shall not oppose rezoning of said property to Rural, • fa:e. a Off ,��.f•it.it_ • gg Ix. Provenforce- ablesions of thisagainstOwner Ai s successors.reement shall bande iassig upon assigns of the property herein described. le to X. Owner eerandpclearts ofand warrants'it mortgages, lienswns andfee othertencumbrances,except: XI. In the event there are or will be constructed on the property, 2 or more streets, and if permanent streets signs h#ve not been installed, Owner shall install temporary street sigfs i n accor- dance with recommendations of the City Building Department, prior to the issuance'of any permit to build upon the property. Overlook Place CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA - ORDINANCE NO. 79-32 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN • AS FOLLOWS: Section 1. Appendix A of Ordinance 135 is amended as follows: The property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural and RM 6.5 Districts and shall be included hereafter in the R1-13.5 District. Section 2. The above described property shall be subject to the terms end conditions of that certain Developer's Agreement dated as of entered into between Rusted Development Corporation, a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all ordinances, rules and regulations of the City of Eden Prairie relating to the District in which it shall be included hereafter. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6 day of November. 0.979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _day of , 1980. Wolfgang R. Penzel, Mayor AfrLST: John D. Frame , City Clerk SEAL PUBLISHED in the Eden Prairie News on the _day of , 1980. zG • • - • ti DESCRIPTION FOR OVERLOOK PLACE - • • That part of the east 5 chains of the Northeast•Quarter of Section ,•. 27. Township 116, Range 22 and that part of the.West Half of the Northwest Quarter of Section 26, Township 116, Range 22 described as follows: • Beginning at the.intersection of the center line of County Road No. 1, Hennepin.County Highway Plat No,. 6 with the south- erly extension of the-east line of Lot 7, Block 2, YORKSHIRE POINT, according to the recorded plat thereof; thence on an assumed bearing of North 2 degrees 30 minutes West. along the east line of said. Block 2, a distance of 360.00 feet to • the angle point -in the easterly line of Lot 2 of said Block 2; thence North 25 degrees West, along the northeasterly line of Lots 1 and 2 of said Block 2, a distance of 179.18 feet to the.most northerly corner of said Lot 1; thence North 34 de- grees 16 minutes 17 seconds East, along the:southeasterly lineline of Outlot A, of said YORKSHIRE POINT., 91.58 feet; North 80 degrees.East along the southeasterly line of said Outlot A, 253.96 feet; thence North 25 degrees East along the southeasterly line of said Outlot A, 130.16 feet; thence North 67 degrees East along the.southeasterly line of Outlot A, 163.04, feet; thence South 21 degrees 32 minutes 54 seconds East 871.77 feet to the:center line of said County Road No. 1; thence: westerly along said centerline of County Road No. 1 to the - point of beginning. • Dated: 10/16/79 Job P 3853 • • EXHIBIT A • 12-19-79 Prairie Village Professional r , DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979' • by and between EAGLE ENTERPRISES, INC., a Minnesota corporation, hereinafter +: referred to as "Owner" and the'd.'ITY OF EDEN PRAIRIE„a,mnnicdpal corporation . a' hereinafter referred to as "City", { ." WITNESSETH: . . WHEREAS, Owner has applied to City to rezone;from R1-22 District to VOL:. 1;_,A . r' Office and RM 2.5 Districts, approximately 4.5 acres, situated in Hennepin County, State of Minnesota, 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 develop the property for construction thereon of a 12,289 square foot office building on 1.5 acres and a 44 housing unit for elderly persons on 2.9 acres. NOW THEREFORE, in consideration of the City adopting Ord. 79-41 and • Res. 79-218, Owner covenants and agrees to construction upon, development and • maintenance of said property as follows: 1. Owner shall develop all of the property in conformance with the material dated Nov. 5, 1979 reviewed and approved • by the City Council on Dec. 4, 1979 and attached hereto as Exhibit B, 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 C, attached hereto and made a part hereof. 3. Owner shall develop and operate the housing for the elderly • building so that the building will and will remain eligible for Housing and Urban Development (HUD) Section 8 rental subsidy for low and moderate income elderly. 4. Owner shall convey such portion of the property for additional road right-of-way as shall be determined to be necessary by the County or State Highway Departments or the City Engineer. Owner shall understand that the property may be assessed in the future for improvements to the Co.Rd.14/T.H.5intersection as determined • through the public hearing process. • R8 • Developer's Agreement-Prairie•Yillage Professional page ,2.. • • 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- - WJolfgang H. Penzel, Mayor • BY: STATE OF MINNESOTA) Roger K. Ulstad, 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 ofthe City of Eden Prairie on behalf of the corporation. Notary Public EAGLE ENTERPRISES, INC., a Minnesota corpora- . tion of the e of Minnesota BY: v St C mac • the — _BY: STATE OF MINNESOTA) the )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 249day of A.er...esr , • 1979 by / ,y fiwsst , the and by Enterprises, nicrOE1W., on *e al behe alf—of co�por ��e�ol, of Eagle Notary Pubi c"� l f•- , ' IM.0am:own u.,r`i OU-4. .36 • Descriptions for Ea&le Enterprises, Inc. ELDERLY HOUSING PARCEL • That part of the Southwest:Quarter of the Southeast.Quarter of -Section 8, Township 116, Range 22 described as commencing at the Intersection of the center line of State Highway No 5 with the . West line of said Southwest Quarter of the Southeast,Quarter; . thence North along the West line of said Southwest'Qiiarter of the Southeast Quarter a distance of 500.39 feet to a point thereon distant 826.31 feet North from the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence East along a line if extended would intersect the East line of said Southwest Quarter of the Southeast Quarter at a point thereon distant 813.12 feet North of the Southeast corner of said Southwest • Quarter of the Southeast Quarter a distance of 465,80 feet; • thence South at right angles a distance of 182.00.feet; thence West at right angles a distance of 277.00 feet; thence South at right angles a distance of 316.41 feet to .the center line of said State Highway No. 5; thence West along said center line to the point of beginning. Subject to easement for State Highway No. 5 over the Southerly 75 feet thereof. ' (Area excluding highway is 128,857 square feet or 2.958 acres) . OFFICE BUILDING PARCEL That part of the Southwest Quarter of the Southeast Quarter of Section 8, Township 116, Range 22 described as commecning at a point in the West line of said Southwest Quarter of the Southeast • - Quarter distant 826.31 feet North of the Southwest corner thereof; thence East along a line_if extended would intersect the East line of said Southwest Quarter of the Southeast Quarter at a point thereon distant 813.12 feet North of the Southeast corner of said Southwest Quarter of the Southeast Quarter a distance of 465.80 feet to a point hereinafter referred to as point "A"; thence South at right angles a distance of 498.31 feet to the center line of State Highway No. 5 the actual point of beginning of the land to be described; thence North along last described line so drawn a distance of 316.31 feet to a point distant 182.00 feet South of said Point "A"; thence West at right angles a distance of 277.00 • feet; thence South at right angles a distance of 316.41 feet to the center line of State Highway No. 5; thence East along said center line to the actual point of beginning. Subject to easement -for State Highway No. 5 over the Southerly 75 feet thereof. (Area excluding highway is 66,680 Square Feet or 1.531 acres) • 30 Exhibit A 1 i, _ ... ...... _ . .,.. . .; e .-41- - •- .--, '4, • ili. ••' (*rip . ram af ... „ . ,.. _ • • AR l: • I ir iis ::::11 ' , LI i Li 1..11 1 filitive •. .. . /i I I' 'iv ;- . �.I I t , ;m ; j ' 3 ' S ' p s /Tn r . 4 d re2 ' s01' 3. r 1 1 1 ' At fp,- ii . 1-, . . . ,:1-„$, ...1 i , ,-i_i ...., , • :"..,...;;; i *.i- 1 ... E -.te/ - „ ,. • ,. ; ! ... ..: -'_ ,.--- 1 A 7\) . , :. 1 \ ;e1 :. OF i :,'-'• i . , ,. —W W.— -I: /I 1 I I • — i 4 -.1A .. ;;z.: , •.•.F.-...•.ri--, ! - -,,.. e 1 ( c fio IZ ' mot® 3 qc 1 I f !_tJ.-U " t 4..- 1 c . .11 I"ti ; ; .. `J1,,� • �1 } Jam. • ft R, t•_.m. .2 , ' ' • J 3 t tx \1 II e :+1 ;1:;:i7,2t. : ...I...T.:n.1 • .6 ,-4{ ..: , y= i I - i2 . /f .-______It . I fil „k_____. • A ): i 1 ,pq i iti. .ip lip? ( ;I iitt;4it f I - / I i re . 11 ii i . 1 • 1- , i ,. .1 . "EXHIBIT B" .._.. t• tfllfl 6I - 111 1 V • • • • DEVELOPER ' S AGREEMENT EXHIBIT C page 1 of 4 • -I. Owner shall submit a development plan prior-to approval of the :r)r. . , - x 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. II. Owner shall submit detailed construction and storm sewer plans to the Riley-Purgatory Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. • I11. 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 $1,400/acre based upon .94 acres . 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. IV. 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. • • 32 . • Page 2 of 4 Exhibit C- 4—it -A.A. All sanitary sewer, watermain and storm sewer•1aci=lities, streets, curb, gutter;--` sidewalks and other.,public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in '• -compliance with Ci•tystandards by a registered professional engineer and-submitted- to the City Engineer for approval. All of the improvements shall be completed-by -- Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered connection therewith.or matenial or equipment.:supplied therefore on orrbefore_, the later of, 2 years from the date hereof or. . , 19 Upon completion and acceptance, Owner warrants-land guarantees the improvements against any defect in materials or workmanship for a period of two (2) years,, .. • ' following said completion and acceptance. In the event of any defect in•materials • or workmanship within said 2 year period said'warranty and guarantee shall be-for 1 period of•three(3) years following said•completion.and acceptance. Def rctschn material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. 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 together with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and speci- fications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph-V. A., including but not limited to, a guarantee against defects in materials • or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer,and receipt of as-built drawings. 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 the costs of the improvements. B. In lieu of the obligation imposed by subparagraph V.A. above, Owner may submit a 100% petition signed by all owners of the property, requesting the City to install the improvements. 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 property which is or 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 obliga- tion with respect to the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials expended in connection with the rough grading. • 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. 33 .-• • 11FI7 • page 3 of 4, Exhibit C • C. Owner shall submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets,sewer, ' water and storm sewer preliminary alignment and grades, minimum floor - 1'` elevations,land arrows showing direction of-surface drainage, locations, >u >': of trails, etc. D. All private improvements shall conform to the City's building - code requirements. t"' E. Owner shalit'promptly upon a bill-beingtrendered by the City thereforee>> pay to City fees for first two year street lighting(public streets) engineering review, and street signs. i VI. A. Owner shall remove all .soil, and debris-from; and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during ' .the period commencing May 1 and ending tictober 31, of each • year, until such time as such streets and improvements there- in are accepted for ownership and maintenance by City. B. Within 30 days of installation of utilities and street curb in any portion of the property (if said time occurs between . . . May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a line 3 feet measured perpendicular with the curt orinlieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a minimum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line'and rise If for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and maintenance by • City. • Owner shall also sod all drainage swales serving 5 or more lots a minimum distance of 6 feet on either side of the . center of the swale. C. The bond or letter of credit provided in paragraph V. A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI. • VII. 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 dumber and date and time of filing duly certified thereon within 60 days from the • date of this Agreement. ( •VIII, If Owner fails to proceed in accordance with this Agreement with- in 24 months of the date hereof and provide oroof of filing in accordance with item Vii. hereof, owner for itself, it successors, and assigns shall not oppose rezoning of said property to Rural. '31 • 11/19 Page 4 of 4 Exibit C • • IX. Provisions of this Agreement shall be binding upon and enforce- ' • able against Owner, its successors, and assigns of the property • s ar•c herein described. X. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: XI: In the event there are er will-be,-constructted„erra .+Property, ttd on w a 2 or more streets, and if permanent streets, igns-haue not been installed, Owner shall install temporary street sign$-in accor- dance with recommendations of the City Build4ng•Depa-rtment, prior to the issuance of any permit to build,upon. t}re property. ' • Y • Prairie Village Professional CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTR S "•'; ORDINANCE NO. 79_41 AN ORDINANCE RELATING TO ZONING.'AND-r, .6,4 a.N- ... , AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN`PRAIRTE-DOES ORDAIN r' AS FOLLOWS: Section 1. Appendix A of Ordinance 135 is amended as follows: (a) The property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the R1-22 District and shall be included hereafter in the Office District. (b) The property, as set forth in Exhibit B attached hereto and made a part hereof, shall be and hereby is removed from the R1-22 District and shall be included hereafter in the RM 2.5 District. . ..• Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agree- ment dated as of , 1979, entered into between Eagle Enterprises, Inc. , a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all ordinances, rules and regulations of the City of Eden Prairie relating to the District in which it shall be included hereafter. Section 3. This ordinance shall become effective from r and after its passage and publication. l 3G -2- FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the k- - day-of Decembet. , 197_, and finally read and adopted and ordered published at a:regular meeting of the City Council of said City, on the day of , 19_ Wolfgang H. Penzel, Mayor (SEAL) ATTEST: John D. Frane, City Clerk • PUBLISHED in the Eden Prairie News on the day of , 19 8 , F . T.escriptions for Eagle Enterprises, Inc. .. ! LO£r+!.'Y` HOUSING PARCEL MEWING FROH R1.42:TO Rit.d.5�3ST$TQT :,: �_si; '--. arter of That part of the Sp 116estaher22r of the described4as--coin encing at the ` ; ee 8, Township cent Nn with the intersectiontf of the center Quartere of SofttheiSoutheast. Quarter;: Wiest line of said Southw'es`t 'Quarter thence' North along the iest _Line of said Southwest Quarter of the" Southeast Quarter a distance of 500.39 feet to'a point thereon distant 826.31 feet-North from the Southwest corner of said Southwest Quarter of the Southeast Quarter; thence East along a line if extended Would intersect the East Tine of said Southwest Quarter of the Southeast Quarter at a point thereon distant -813.12 feet North of the,•S_outheast corner of said Southwest Quarter of the Southeast Quarter a distanceof 465,80we thence South at right ankles a distance of 182.00.feet; thence West at right angles a distance of 277.00 feet; thence South at right angles a distance of 316.41 feet to .the acentertilirneiof to said State Highway No. 5; thence West along the point of beginning. Subject to easement for State Highway No. 5 over the Southerly 75 feet thereof. (Area excluding highway is 128,857 square feet or 2.958 acres) - OFFICE BUILDING PARCEL REZONING FROM R1-22 TO OFFICE DISTRICT That part of the Southwest Quarter rdof the eSouthead as st Quarter a • Section 8, Township line 116, Range 22 point in the it82 .3 of feetallorthuofwthe South�estfcorner Southeast thereof; Quarterh distant 8 3 thence East along a line ifextended would intersect the East line of said Southwest Quarter of the Southeast Quarter at a point thereon distant 813.12 feet North of the Southeast corner of said Sout`_»est Quarter of the Southeast Quarter a distance of�465.8onceuth feet to a point hereinafter referred to as point "A"; at r=gut angles a di�hence of actual4point of feet beginning center theline landoto b State Highwayri ; No. 5 be described; feet tolast feet South of sai line so drawn a . d Poi of 316.31 p said Point "A"; thence West at right angles a distance of 277.00 feet; thence South at right angles a distannce neeof.'3tf 6.41 feet saidg the center line of State Highway No. 5; act to easement center line to the actual opoint the Southerly beginning. 75 feetJthereof. ( for State Highway No. 5 over (Area excluding highway is 66,680 Square Fees or 1.531 acres) Exhibit A . ' `' 3Y JAI 1910 9995 W.69th St. Eden Prairie,MN 55344 Phone(612)9446803 January 3, 1980 Mr. Carl Julie City Engineer City of Eden Prairie Eden Prairie, MN 55344 Re: Lot 2, Block 2, Shady Oak Industrial Park and Lot 2, Block 1, Shady Oak Industrial Park, 4th Addition • Dear Mr. Julie: We have abandoned the request to Eden Prairie for subdividing subject 4th Addition, Lot 2 into the subject adjacent lot. Please cancel our requests and appearances. Yours ver ruly, • • 011.104040006.....,6 Richard W. Anderson RWA:pmh • 59 1 December 31, 1979 "ATE OF MINNESOTA • 1.1;, _.TY OF EDEN PRAIRIE ' COUNTY OF HENNEPIN CO!."?-, , The following accounts were audited and allowed as follows: 6ill MINNESOTA DISTILLER 7 �lC. Liquor ,,s., 1.477.30 ' OLD PEORIA COMPANY ut� Liquor r a a 1,153.70 6 TWIN CITY WINE CO. S Wine SS09•t0 - •++ ': JOHNSON BROTHERS WHOI.OLE Liquor 1.058.65 In =' GRIGGS, COOPER & CO 1' Liquor r: ., iu 1,229.53 :+ ED PHILLIPS & SONS CA.;;,, Liquor {�,�, 1,645.28 f MIDWEST WINE CO. . Wine ': ' 406.33 6804 HAPPY TYNE DIST. Mixes • 36•00 6805- KIWI KAI IMPORTS Wine 134.40 680'6' BUTCH'S BAR SUPPLY Supplies D6.55 6807 GROUP HEALTH PLAN, INC. December 79 Insurance •988.42 6808 PHYSICIANS HEALTH PLAN December 79 Insurance 5.521T4 ;. - 6809" HMO SERVICE --- December 79 Insurance 1,244,.94 6810 BLUE CROSS INSURANCE. December 79 Insurance 222,40 6811 WESTERN LIFE INSURANCE CO. December 79 Insurance 363.10,;: 6812 THORPE DISTRIBUTING CO. Beer 1.361.45, 6813 JASPERS, MORIARTY & WALBURG Parcel dl-M,fller property 155,200.00 6814 PLASTICS INC. Polycarb-Park Dept 38.35 -915 • DEPARTMENT OF NATURAL RESOURCES Field investigation fee-Bryant Lake 40.00. .,8T6 MINNESOTA STATE TREASURER Firearm Safety Certificates 58.00 6817 PETTY CASH-PUBLIC SAFETY Expenses 9•09; 6818 MODERN TIRE COMPANY Equipment repair & parts-Street Dept 236.14 6818/ COMMISSIONER OF TAXA44011 . .November sales�,$,u$e taz „•: g 412.70 6820 METROPOLITAN WASTE CONTROL November SAC charges 28 11.0D`, 6821 INTERCONTINENTAL PACKAGING CO. Wine 774.56 6822 TWIN CITY WINE CO. Wine 45847 6823 HAPPY TYME DIST. Mixes 18.00 .y 6824. OLD PEORIA COMPANY, INC- Wine 1,003.27: 6825 JOHNSON BROTHERS WHOLESALE Liquor _ 616.67 '' 6826 ED PHILLIPS & SONS CO. Wine 57.51� : 6827 GRIGGS, COOPER & CO., INC. Liquor 2,051.1n,,;' 6828 FEDERAL RESERVE BANK Payroll 12/21/79 10,082.65r 6829 SUBURBAN NATIONAL BANK Payroll 150.00:' 6830 UNITED WAY OF MINNEAPOLIS December deduction 62.6C ;; 6831 PERA Payroll 12/21/79 7,899.73' 6832 GOVERNMENT TRAINING SERVICE Conference-Assessing & Finance Dept 120.00`' 6833 CASH REGISTER SALES, INC. 1980 Equipment Maintenance-Liquor store 300.00';.'; 6834 HOPKINS POSTMASTER Postage 19.32'' 6835 OLD PEDRIA COMPANY, INC. Wine 289.39,`°'" 6836 BUTCH'S BAR SUPPLY Liquor bags 61.30 6837 VOID OUT CHECK 6838 MINNESOTA DISTILLERS, INC. Liquor 1.354.44 6839 GRIGGS, COOPER & CO.. INC. Liquor 166.85 '840 INTERCONTINENTAL PACKAGING CO. Wine 423.76 6841 JOHNSON WINE CO. Wine 169.96: ; 6842 HAPPY TYME DIST. Mixes 79.25 6843 ED PHILLIPS & SONS CO. Liquor 1,349.37" ; ' 6844 MIDWEST WINE CO. Wine 965.51i. 6845 TWIN CITY WINE CO. Wine 967.24` 40 December 31, 1979 Page Two =. W•t, STANDARD a Fuel-Street Delta r• . •t u 69 05 684r GRIGGS, COOPER & CO.^INC. Liquor 1,114 91 6848-•- JOHNSON BROTHERS WH0LESALE• Wine 200.03 1849 FEDERAL RESERVE BANK._ Payroll 12/31/79 8,906.10 ,...3, •:,: COMMISSIONER OF MAIM. December Stet "` t4.111,668.58 18 98•1 PERA his.. Payroll 12/31/1$ ; S?b•'..5;t c" TOTAL $26¢,971.54 January 8, 1980 STATE OF MINNESOTA i' CITY OF EDEN PARIRIE COUNTY OF HENNEPIN --- The following accounts were aud4ted,and allowed as follows;.. : '31:' '6852 ACTION REDDY RENTS generator rental $ 51.00 c6853 NEIL & SANDRA ALBERT5n5• Refund of Building permit• :.7r764.70 1; y4 ' ASHLAND PETROLEUM°COE8�S� Minn motor fuel tax an October shipment r. 44408!. 6,�4 BAN CON, INC. 6• = Preserve PUD-Park 7,700.00 ' " 6SSS!#5555666�6 BATTERY & TIRE 635 Snowbrushes-Street.dept = '1.95 ''.6E s7 RAE BLY r�' Nov. & Dec. mileage - 6a'8 CASH REGISTER SALES,T, Ribbons, cash register-paper-Liquor store .;_53F,287 6859 CLUTCH & TRANSMISSION Strainer, wrench, gasket,.brake linings-Street -' 153.02 `65686o CLUTCH & U-JOINT ._ Fn Equipment repair-Street dept 6861 COPY EQUIPMENT INC. Special pens-Water dept, planhold files-Eng dept 2655.86 6862 CROWN RUBBER STAMP CO. Stamp-Finance dept 6863 .CURLE PRINTING CO. Business cards-Assessing.& Comm service 34.00 6864 CUTLER-MAGNER CO. Quicklime-Water dept 3,061.17 6865 DALCO Cleaner-Water dept 17,9.10 - 6$66 DORHOLT PRINTING Office supplies 279.40 6867 EDEN PRAIRIE SCHOOL Custodial service 728.80 6868 EHLERS & ASSOCIATES Service 18,360.00 6869 ENABLERS, INC. Subscription-Park dept 7.50 6870 ENVIRONMENTAL DESIGN Copy of an article-Planning dept 21.25 6871 FINANCE & COMMERCE 1980 Subscription-Assessing dept 48.0D 6872 FLOYD SECURITY 1st qtr 1980 alarm charge-Liquor store 182.50 6873 FOX, MCCUE & MURPHY Audit service 720.00 • 6874 JOHN FRANE Expenses 110.95 6875 GENERAL COMMUNICATIONS Antenna, battery-Public safety 44.68 6876 GUNNAR ELECTRIC CD. Repair electric heater-Park dept 23.50 ' 6877 STEVEN HAHNFELDT '- Fireman 126.OD 6878 JENNEFER HANSON . • Refund-Rec dept 21.00 6879 HARMON GLASS Repair & parts-Public safety 63.54 6880 JUDY HARRINGTON Womens open gym-Rec dept 30.63 6881 HENNEPIN COUNTY FINANCE Board of Prisoners 578:00 6882 G.A. HOFF PLUMBING . . Holding tank-Senior Center 3.100.00 6883 HONEYWELL INC. Service 1,222.75 6884 HOPKINS PARTS CO. Hoses, clamps, Rayloc box-Street dept 49.01 6885 MARK HURD AERIAL Topographic mapping-Eng. dept 1,345.00 6886 GARY HARRINGTON Open gym supervisor-Rec dept 36.75 6887 ITASCA EQUIPMENT CO. Parts-Street dept 52.08 6888 WALTER D. JOHNSON Mileage 13.68 6889 DEBORAH KANNKE Refund-Rec dept 3.00 6890 ROBERT KURLAND Refund-Rec dept 7.00 .. 6891 M.E. LANE, INC. 1980 Treasurers Bond 203.00 6892 LEAGUE OF MINNESOTA 1980 Membership dues 1,876.00 6893 LIBRARY OF URBAN AFFAIR Subscription-Planning dept 13.59 6894 LOGIS Service-November 3,059.94 6895 LUDLOW & ASSOCIATED Temporary shelter-Water dept 369.00 r 6896 LUND PAINT Paint-Park dept 3.98 6897 M M INDUSTRIES, INC. Cleaning compound-Street dept 88.95 ( 6898 ROBERT N. MARTZ January 1980 expenses 100.00 6899 MASON-DIXON, IN.0 Fire coats-Fire dept 289.26 6900 MAYVIEW RADIO Equipment repair-Public safety 36.25 6901 MEDICAL OXYGEN & EQUIP Oxygen-Fire dept 246.97 6902 METRO FONE COMMUNICATION 1980 January service 35.40 y2 . January 8, 1980 ""'*i`6903 METRO WASTE CONTROL OgG3 January 1980 Sewet:4epvi4q;•' r_21,J92.Z9 •-6904 MIDWAY ELECTRIC MO1.Ott"^^ Motor-Water dept 65.63 .1�6905 MIDWEST ASPHALT COR?6 5 Blacktop ,r-;, 112.85 6 06 MINNESOTA CHAPTER i•AA'6^- 1980 Membership dues-Assessing dept —..16 �4-,'• ' ='=6907 • MINNESOTA FIRE INCO13Rrzr,7 Equipmentrepair-Fire dept 28.35 `."' .•u: MINNESOTA GAS CO X�;C3. Service • 2,257.28 ;3 t49 MINNESOTA RECREAT , ,3 Membership_dues Park d i .0 MINNESOTA VALLEY £ _. 0 Service 456, 1 NORTH MEMORIAL ME+ 1 Tests-Public safety ., fat, 45 00 6912 NORTHERN MESSENGER" �?; Service-Planning dept 6 5D . 5,33°66�911 Service Y 6,339 02 .�06914 N W BELL TELEPHONE'��Dia Service . :,.} 10 47 • -166915 GERALD F. PAULSON ,6"'S Service-Bryant Lake Park 263.00 6916 PEPSI COLA/7UP BOTTLING- Pop-City Hall - • 16.65 r, 6917 PERBIX, HARVEY Service 120.00 3" 6918 PETERSON MAINTENANCE :- Roofing contract-Bryant Lake Stable 13,750.00 '`, - 6919 PIT+NEY BOWES Equipment rental 46.50 6920 POWER SYSTEMS - Seal kits-Street dept 20.00 -- 6921 QUILL CORPORATION Wall signs & nameplates-Water dept 81.08 "" 6922 ROAD MACHINERY .._, -^ Tree skidder-Park,dept _ .., 2,174.00 ' 6923 JIM SACKRISON' Refund on building permit 25 00 6924 W. GORDON SMITH CO. Diesel fuel-Street dept • 2,607 00 ` -6925 S W SUBURBAN AOVERT- Ads-Park dept 4.10 _ --.6926 TOWN'S LOGE FORD, INC. Install spotlight-Public works 71.90'' 6927 ROGER ULSTAO Expenses 100.00., 6928 UNIFORMS UNLIMITEO Tape, name bars, trousers-Public safety 64.95 --''6929 URBAN LAND INSTITUTE--- Subscribtion-Planning dept 20.70, 6930 STEVE VATHING Refund-Rec dept 21.00. 6931 VESSCO Parts-Water dept 33.84 -6932 WARNING LITES, INC. :e°> Warning lights-Cty Rd 18 & Rivervigw,Rd 72 80 6933 RIVER WARREN AGGREGATES Rock 81.88 s'. 6934 WATER PRODUCTS CO. ' Curb box, bolts & nuts, lock ring-Water dept •114.20 . 6935 WENZEL MECH Refund on building permit 12.00 6936 XEROX CORP Service 1,306.09.' _ 6937 ZECO CO. ... Motor, amber lens-Street dept 72.36 6936 ZEP MFG. CO. carburetor cleaner-Street dept 30.59' 6939 ZIEGLER INC. :._ Tires, filters, motor-Street dept . 367.47 6940 STEVEN CALHOON Mileage 19.26 6941 PLASTICS, INC. Plastic glass-Park dept 28.33 6942 CHANHASSEN LAWN Wrenches, chain, muffler-Park dept 193.07' 6943 CHRIS ENGER Expenses 100.Oo.- 6944 HENNEPIN COUNTY CENTRAL 1980 Homestead forms-Assessing dept 72.94' 6945 HOPKINS PARTS CO. Hitch-Park dept - - 39.97; ;! 6946 LANG, PAULY Legal service 5,941 20 6947 PRAIRIE VILLAGE MALL January 1980 rent-Liquor store 1,960 13'` 6948 EO SORENSEN Book-Water dept 15.65'` 6949 MOBILEHOME MINNESOTA Rental of mobile home-Voting 400.00 6950 SHELLY BLUNT Basketball scorekeeper-Rec dept 44.00- 6951 SHANNON HOFSTRANO Basketball scorekeeper-Rec dept 44.00 ... 6952 Kathy Nelson Basketball Scorekeeper-Rec dept 44.00i; :`.', ( 6953 ELLEN REDMAN Basketball Scorekeeper-Rec dept 44.00 6954 MINNESOTA POLLUTION Conference-Water dept 70 00' 6955 STATE TREASURER Certification of wastewater operator 30.0(' TOTAL , _ $107,647.fit 43 s • P� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA !it r • .1 RESOLUTION NO. 80-01 A RESOLUTION AUTHORIZING USE OF FACSIMILE",SIGNATURES:BY .f f" "f PUBLIC OFFICIALS ,,.w_ BE IT RESOLVED .that the use of facsimile signotures by„the following +;.._, ' named persons: • Wolfgang H. Penzel, Mayor and - John D. Frane, Treasurer or Roger K. Ulstad, Manager • on checks, drafts, warrant-checks, warrants, vouchers or other orders on public funds deposited hereby i.s approved, and that each of said named persons.._ ._ .. may authorize the depository bank to honor any such instrument bearing his facsimile signature in such form as he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore his manually written signature, and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without his authority. ADOPTED by the City Council on the 8th day of January, 1980. • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • • yq • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80-02 A RESOLUTION AUTHORIZING THE TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, . . County of Hennepin, that the tl.i*ty Treasurer is authorised to:invest City of «;- • Eden Prairie funds with any bank, or other Financial Institution authorized to do business in the State of Minnesota in Certificates of Deposit, W.S. • • Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Savings Accounts and Repurchase Agreements and any other security authorized by • law. The City Treasurer shall secure and maintain adequate security for funds deposited. ADOPTED by the City Council on this 8th day of January, 1980. Wolfgang H. Renzel, Mayor ATTEST: SEAL John D. Frane, Clerk • 4$ • • • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80-03 • A RESOLUTION DESIGNATING THE EDEN PRAIRIE NEWS AS THE OFFICIAL CITY NEWSPAPER • • BE IT RESOLVED,-by the City Council of the City of Eden Prairie, • Minnesota, that the Eden Prairie News be designated as the official City . - newspaper for the year 1980. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 1980. • Wolfgang H. Penzel, Mayor • ATTEST: • SEAL John D. Frane, Clerk • • • • • • itt ifrf'?.• 15716 WEST 78TH STREET • EDEN PRAIRIE,MN S5343 • • PHONE 941.7344 January 4, 1980 ._ . . • •u Mayor Wolfgang Penzel City of Eden Prairie 8950 Eden Prairie Rd. _ Eden Prairie, Mn 55344 Your Honor, • We hereby request that the Eden Prairie News be considered as official newspaper for the City of Eden Prairie in 1980. Printing rates are set by the state printer. if there are any questions, don't hesitate to call. • Very truly yours, /r • � • /tte.e'�ehJ N4kJ • • Richard Dahl • Editor • • 1. • • 4� • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Hc':r:c�+ RESOLUTION NO. 80-04 A RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT. BANKING BUSINESS BE IT RESOLVED, that the persons holding office•_as Mayor., Manager and ' Treasurer of the City of Eden Prairie, be and they/hereby .are-I-authorized :y to act for this City in the transaction of any banking_busiee;ss with the official depository (hereinafter referred to as th(e bank),-such authority including authority on behalf of or in the name of the -City from time to time and until written notice to-the bank to the contrary, to•sign checks against said account, which checks will be signed by.the-Mayor, Manager and City Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order•of, or deposited to the . credit of, any officer or officers of the City including the signer or signers of the check. BE IT ALSO RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor, the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer, and the Acting Manager be authorized to sign checks as an alternate for the Manager. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 1980. • • Wolfgang H. Penzel, Mayor *ATTEST SEAL • John D. Frane, Clerk • • • 411 CITY OF EDEN PRAIRIE HENNEPIN COUNTY., MINNESOTA RESOLUTION NO. 80-05 __ _. A RESOLUTION DESIGNATING DEPOSITORY- s .,. 8 s..i �... r" - BE IT!ESOLYEO, that the .L r1��.-=- — - T?Te 8.0?",i a0 rot o r+ Eden Prairie, Minnesota, authorized to do banking business in Minnesota, be and hereby is designated as an Official Depository for the Public Funds of the City of Eden Prairie, County ofpin, Minnesota, for a period of one year from this date. The City Treasurer shall � secure and maintain x irk adequate security for funds in the depositorya. ADOPTEO by the City Council of the City of Eden Prairie this 8th day of January, 1980. Wolfgang H. Penzel, Mayor ATTEST: • SEAL John D. Frane, Clerk • 49 . . , 1080 EDEN PRAIRIE CENTER.WEN PRAIRIE.MINNESOTA 85344 TELEPHONE 6L2/04141100 ct vb Suburban National Bank 1„ k . ' i Vila , Stt 0 le- Decerrber 27, 1979 Honorable Wolfgang Penzel . - Mayor ' City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 , Dear Wolf: During this Holiday Season, let me take this opportu- nity on behalf of our directors and our staff to thank you and the other members of the•C4.ty Council as well as ..- ... . the staff for your business and support during this past year. It has been a pleasure to provide services to the City and we wish each of you a Happy and Healthy New Year. • Along with these good wishes, -I--also want to make known to you our desires to continue as the depository for the City of Eden Prairie. I-believe-our relationship with the City has been good for both of us and we look forward to continuing to be of service in every way possible. - We thank you for your consideration. Rest wishes for 19801 1y, , . . . . , . Terwi liger dent ' • " RWT:hd • • • ( • . ,.. t 0 JAN 4 1989 Prairie State Bank - - 790!Firing Cloud Drive.Eden Prairie.Minn.55344 . January 4, 1980 • Mr. Roger plated Mr City Manager 8950 Eden Prairie Road • Eden Prairie, MN 55344 _ • Dear Roger: I am pleased to inform you that the Prairie State Bank recently changed • its corporate name to The First'State Bank of Eden Preirie.- Since the inception of the bank, the directors have continually sought to determine ways and means in which the bank could better identify itself and serve the beautiful City of Eden Prairie. In this same vein, Roger, I would appreciate your-accepting this letter • as our banks' formal request to serve the City of Eden Prairie as their i main depository. One thought or idea would be for the City to maintain all of its' accounts and/or depository relationship at one of the two major banks located in Eden Prairie for a period'of-from-two to three years. This has been successfµlly done in other cities. Further, in _ . that the account has been carried at the Suburban National Bank for the past several years, I propose that a change be made in the year 1980. We fully realize that deposits of this nature must be fully secured. I trust that you will give this recommendation your every consideration, Roger, and if you have any further thoughts, please be assured that I will be delighted to discuss them with you at any time. Sincerely yours, Josfph Clemons • President JC/sb cc: John Frane Finance Director • V . • SI F'. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80-06 • A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL MEMBERS IN 1980 BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:30 p.m. 'to be adjourned by 11:30 p,m., unless waived by unanimous vote of members present in the Eden Prairie City Hall, 8950 Eden Prairie Road, Eden Prairie, Minnesota, 7$' JL.✓w^Y i to ca:.-.4 d* ,S R.'4 v.4..eww.v 017, .. ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 1980. • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • S2 To: Mayor and Council From: John Frane Date: January 4. 1980 Re: Park Bond Sale We have visited with Ehlers and Associates about setting a sale date for the Park Bonds. They suggest a sale date of February 19,-1980:- AN representative from Ehlers will be at the meeting on January 8th. • • 53 RESOLUTION NO. 80-11 RESOLUTION AUTHORIZING; PARTICIPATION IN THE SUBURBAN POLICE RECRUITMENT SYSTEM •• - _ WHEREAS, the City of Eden Prairie is authorized by Minnesota Statute 471.59 to enter into,-joint and:cooperative _-_ 1-71 agreements with other governmental units;-_and .._ WHEREAS, this City Council has reviewed_a jO nt and coopera-,.: tive agreement among suburban municipalities in:WI seven-county les; .:n t-t metropolitan area which will establish a ,SubUrban,.RAlice Recruit-;.. _,:.-. ment System; and WHEREAS, the purpose of the Suburban Police, Recruitment Sys- tem will be to recruit candidates for entry-level police positions in the cooperating municipalities and to assist -the cooperating municipalities in evaluating candidates for these positions; and - - - WHEREAS, this City Council has determined that it will be advantageous to the City of Fdan P irie to participate in the Suburban Police Recruitment system,- . . - NOW, THEREFORE, BE IT RESOLVED by the City Council of F,ian Prairies , Minnesota, as follows: 1. The Mayor and the City Manager. .. hereby are authorized to execute the Joint and Cooperative Agree- _ ment which establishes the Suburban-Police Recruitment;,;: - System and which provides for City membership in said System. Public Safety 2. Jack Hacking, Director and Captain Keith Wall hereby are designated as the City's initial Director and Alternate Director in the Suburban Police Recruit- ment System. 3. The City Clerk hereby is directed to file an executed copy of the Joint and Cooperative Agreement as pro- vided therein, together with a certified copy of this Resolution. Adopted by the City Council this day of , 1979. Mayor ATTEST: l City Clerk JOINT AND COOPERATIVE AGREEMENT ? .°; • SUBURBAN POLICE RECRUITMENT SYSTEM PREAMBLE. The parties hereto are municipal governmental units of the State --• - - of Minnesota. This agreement is-made and entered into-pursuant tit Minnesota Statute-o rww,e. S471.59. j I. General Purpose. The general purpose of this agreement is to establish and...•.__: -- • • • provide the operating framework,.for a joint powers;organiieationi.which will recruit -• candidates for entry-level police positions in the cooperating municipalities and which will assist the,cooperating municipalities in evaluating candidates for these positions. Establishment of the proposed organization represents the conclusion of the Suburban Police Personnel Selection Standards Project, a four-year research effort by the cooperating municipalities, the Metropolitan Council and the Metropolitan Area Management Association to develop valid, non-discriminatory selection standards and:--- -- procedures for entry-level police positions. II. Definitions. • Section 1. Board-the Board of Directors of the Suburban Police Recruitment System. Section 2. City Council-the governing body of a member municipality. Section 3. Member - any suburban municipality which has entered into this agreement and which is in compliance with the provisions hereof. Section 4. Suburban Municipality - any municipality within the seven-county metropolitan area other than the cities of Minneapolis and St. Paul. Section 5. Suburban Police Recruitment System (SPRS) - the joint powers organization established pursuant to this agreement. III. Membership. Section 1. Any suburban municipality shall be eligible to become a member of the SPRS. 1 5 Section 2. Charter members of the SPRS shall be those members which joinpl, • the system prior td February 1,1980. Charter membership shall betrestricted:to.hosev N),saa,:4 F 4' municipalities which have participated in the Suburbejt:Police Personnel Selection.Ny, r •. Standards Project. Section 3. Any suburban municipality eligiaie tq:,jgiR;;the SPRS prior to February 1,1980,may indicate itsi desire to do so by tiling i.dtlly•e ecuted copy of thisA... agreement with Public Management Consultants,328 South Broadwoy,Wayzata,Minne-,: - sota 55391. Said agreement shall be accompanied by a.certified copy of a resolution„ • adopted by the City Council of that municipality authorizing execution of the- ,•,., .r•-.••. agreement and designating the municipality's initial Director and Alternate Director. This agreement shall become effective when it has been duly executed by ten eligible suburban municipalities and when executed copies from these municipalities have been filed as set forth herein. Section 4. Suburban municipalities desiring to join the SPRS after.February 1,• 1980,-shall be admitted only upon a favorable vote of-fifty-one percent(51%) of the _ total membership of the Board at a regular or special meeting. The Board also may impose such conditions upon the admission of members,other than charter members,as It deems appropriate. • • IV. Board of Directors. • Section 1. The governing body of the SPRS shall be its Board of Directors. Each member municipality shall be entitled to appoint one Director to the Board, who shall have one vote. Each member municipality also shall be entitled to appoint one Alternate Director to the Board, who may attend meetings of the Board and who may vote in the absence of that member's Director. Section 2. Directors and Alternate Directors shall be appointed by a reso- lution of each member's CIty Council. The Director and Alternate Director shall be that member's chief administrative officer,assistant chief administrative officer,chief of pollee(or equivalent)or chief's first assistant. 5G 2 Section 3. The SPRS shall be notified of the appointment of a Director or an :r... , • ...r .Alternate Director by the appointing member4lling .Witlltti#R,. C0A 0603',54,. ,y'ur.,-" `"`ni resolution making said appointment.:Accompanying this resolution shall be the mailing • address of the person so appointee!,,.to be used by the Board as-that,person's official address for the purpose of giving Any notice required either by thif.iegreement or by bylaws of the Board. Section 4. Directors and Alternate Directors shall be appointed to serve until - their successors are appointed and qualified. Section 5. A Director or Alternate Director may;p@..temoved from the Board at any time, with or without cause, by a resolution of the City Council originally appointing that person to the Board. The SPRS shall be notified of the removal of a Director or Alternate Director by the removing member filing with the Board a copy of • the resolution effecting said removal. Section 6. Any vacancy on the Board shall be filled by the City Council of the member municipality whose position on the Board is vacant. - Section 7. There shall tie no voting by proxy. All votes,must be cast•ia.person �•..'�^. at Board meetings by a member's Director or Alternate Director. Section 8. If at any time a member municipality is in default on any agreement with the SPRS or is in arrears on any dues or charges of the SPRS,during the existence of such default or arrearage the voting rights of said member shall be suspended. V. Meetings. Section 1. The first meeting of the Board shall be held during the month of February, 1980. At this meeting the Board shall elect a President, a Vice President, and a Secretary-Treasurer, as provided in Section V1I-1 hereof, and four additional members of the Executive Committee,as provided in Section VIII-1 hereof. • 5i 3 Section 2. At the first meeting of the Board, or,as.eoon,,thereafter as is 'reasonably possible, the Board shai*adopt-bylaws-govenning413 MeetingRtlinduSOMr,v r;,tnt,,,las ,sa •"dures. Such bylaws may be amended from time to time,es proyided4ereln. However, r..aa regular meetings of the Board shalhviOrheld at least semi-annscaWy,dyripg.the.months of_:rc i.• February and August each year. • • Section 3. The specific date, time and location of.leggier and special meetings of the Board shall be determined by the Executive Committee. All meetings • -of the Board,however,shall be heidtwithin the seven-county.:metropolitan area. ..< Section 4. Notice of regular meetings of the,Board shall be given to the Directors and Alternate Directors by the Secretary-Treasurer at least fifteen(15)days in advance of the meeting, and the agenda for all such meetings shall accompany the notice. However, business at the Board's regular meetings shall not be limited to matters set forth on the agenda. Section 5. Special meetings of the Board may..be.called.by_the_President, by_ __ _ the Executive Committee,or by the-Executive Committee.upon the_written request of . _ a majority of the Directors. Notice of special meetings of the Board shall be given to the Directors and Alternate Directors by the Secretary-Treasurer at least five(5)days in advance of the meeting,and the agenda for all such meetings shall accompany the notice. VI. Powers and Duties of the Board. Section 1. The Board shall take such action as it deems necessary and appropriate to accomplish the general purposes of the SPRS and to provide the services contemplated herein. Such action shall include,but not be limited to,the establishment and operation of a cooperative recruitment and placement system for police officers and the establishment and operation of uniform testing and evaluation procedures for police positions. These activities and any other activities authorized by this agreement or authorized at a regular or special meeting of the Board may be undertaken in any one or more of the manners outlined herein. 63 4 Section 2. The Board shall have full control.over,and management of its _..4: :u•. a1fairs;:which-shall include the pewers to eaten,into,aantraetaul c;,similar cnLo..oe,,twuti, agreements with others; (b) to provide for the prosecution,,defense,or other partici- at.,.. a' pation in or proceedings at-law in which it may have an interest; (e)to employ y '"uN - Such persons as it deems necessaryion a full-time,part-time or,consulting basis;(d)to zr •t-'t• _. ; _n conduct research into any police selection matter; (e)to purchase,held and dispose of .: '. •r-s_ property, both real and personal; (f) to purchase public liability insurance and other ' bonds or insurance;and(g)to contract for space,commodities or personal services with ... a member or a group of members. • Section 3. The Board may establish and collect membership dues,charges for services to members and non-members, and charges for services to applicants or potential applicants for employment. Section 4. The Board may accept gifts, may apply for and use grants or loans .. of money or other property from the state or federal governments or from any other governmental unit, may enter into any agreements required in connection therewith, anti mrtrholtt,use and dispose of such-moneys`or property in-accordance with-the terms of the gift,grant,loan or agreement relating thereto. Section 5. The Board shall cause an annual independent audit to be made of the books of the SPRS, and it shall make an annual financial report to its members in. writing prior to each year's February meeting of the Board. The books and records of the SPRS shall be available and open to examination by all members of the system at any reasonable time. The Board also shall establish an annual budget for the SPRS, in accordance with the applicable provisions of this agreement. Section 6. The Board may delegate authority to the Executive Committee between Board meetings, except that the Board may not delegate its authority to establish membership dues and service charges. Any such delegation of authority shall be made by a resolution of the Board,and it may be conditioned in any such manner as the Board deems appropriate. 54 5 • - Section 7. The Board may exercise such other powers end duties as are Arxr zo xmc.• ' ihhidenrai to the above powers and duties, but which may,,taa-requiredloeltffectiuellPu-(wit;ars -tom implement and carry out this agreement. =; • VII. Officers of the Board. • - Section i. The officers of the Board shall !consist of a President, a Vice ,a:.F ._ • President and a Secretary-Treasurer, all of whom shall.be Directors. These officers shall be elected annually at the regular meeting of the jBoard held ktring the month of • • •February. New officers shall takeoff ice at the adjournment of the Board meeting at ,,.•..• which they are elected. Section 2. Upon the resignation or death of an officer, or upon an officer's ceasing to be an employee of the appointing member municipality, a vacancy shall occur in that office. Upon the occurrence of such a vacancy,the Executive Committee - shall fill the vacant position on an interim basis until the next meeting of the Board.. .. ._. _. .. Section 3.--The -three officers of the Board all.shall be members of thg. Executive Committee. -• . Section 4. The President shall preside at all meetings of the Board and the Executive Committee. The Vice President shall act as President in the absence of the _.. President. Section 5. The Secretary-Treasurer shall be responsible for keeping a record of all proceedings of the Board and the Executive Committee, for the custody of all SPRS funds, for the keeping of all financial records of the SPRS, and for such other matters as may be delegated to this position by the Board. Section 6. The President and the Secretary-Treasurer shall sign all vouchers disbursing funds of the SPRS. VU!. Executive Committee. • / Section 1. The Board of Directors shall have an Executive Committee consisting of the Board's three officers and four other Directors, all of whom shall be • GO elected annually at the regular meeting of the Board held during the month of February. Vacancies on the Executive Committee shall be filled by the Committee on an interim •• • basis until the next meeting of the Board. Section 2. A quorum at any meeting of the Executive Committee shall be four Committee members. Section 3. The Executive Committee may adopt bylaws governing its own meetings and procedures. Such bylaws,if adopted,shall:be subject tqs this agreement, ;. .:. to the bylaws of the Board,and to any applicable resolution or other directive of the Board. Section 4. The Executive Committee shall meet at the call of the President or upon the call of any two other members of the Committee. The date, time and location of a Committee meeting shall be established by the person or persons calling •the meeting. At least forty-eight(48)hours advance written notice of any meeting of the Executive Committee shall be given to all members of the Committee by said • person or persons. However,such notice may be waived by any five members of the Executive Committee who actually attend a Committee meeting or who give their written waiver of the required notice for that meeting. Section 5. The Executive Committee may exercise those powers and perform those duties delegated to it by the Board,subject to such conditions and limitations as P may be imposed by the Board. The Executive Committee shall report on its activities at each regular meeting of the Board. Section 6. The Executive Committee shall cause to be prepared a proposed budget for the SPRS for each calendar year, which shall be submitted to the Board at least thirty (30)days in advance of the preceding year's August meeting of the Board. • The Executive Committee shall receive and disburse funds of the SPRS in accordance with the budget for the system subsequently adopted by the Board. l 7 G1 ' Section 7. Subject to the provisions of the adopted budget,upon authorization }. , . ... by the Board the Executive Committee may appoint,,fixutlie,conditiom of eupigyingnt, •:�•--_;. ,:.. and remove any employee of the,SPRS, and upon authorization by the Board it may -, - -- -- negotiate and enter into contracts-with consultants and contractors to,the SPRS. The , Executive Committee shall direct:and supervise the activities-of-alLemployees of.the SPRS and of all consultants and contractors to the SPRS.- • -.. Section 8. The Executive Committee shall not take any action which is not authorized by this agreement or which is not delegated to it by the Board. IX. Financial Matters. Section 1. The fiscal year for the SPRS shall be the calendar year. Section 2. An annual budget for the SPRS shall be adopted by the Board at its regular meeting held during the month of August each year. Copies of the adopted budget shall be mailed promptly thereafter to the chief administrative officer of each . _ member municipality. This budget shall be deemed approved by each member municipality unless, prior to November 15th of that•year, a member gives written notice to the Board that it is withdrawing from the•SPRS.for the.fell`wing•year.. .., ,.,n• .n•c.Notre; Section 3. The Board shall have the authority to establish a method for sharing operating costs of the SPRS in excess of any federal, state or other outside assistance received. Billings from the SPRS to member municipalities shall be due when rendered. Any member whose bill has not been paid within forty-five (45) days after a billing shall be in default,and that member's voting privileges shall be suspended as provided in Section IV-8 hereof. In the event of a dispute regarding an amount which is due and payable,a member nevertheless shall make the payment in order to preserve its membership status, but such payment may be made under protest and without prejudice to dispute the bill and to exercise any remedies available to it. X. Administrator. Section 1. An administrator of the SPRS may be appointed by the Board or by 8 G2 the Executive Committee,upon specific authorization by the Board.-Such an adminis- ; trator may be employed on a full-time,part-time or consulting basis. Section 2. An administrator, if appointed, shall have only those powers and duties which specifically are delegated to the administrator by,,,the Board. An , • ' administrator shall report to the Executive Committeeowhich shallAe responsible for 1,, s:.:: r.e...4 directing and supervising all activities of the administrator. . XL WithdrawaL Section 1. Any member may withdraw from the SPRS upon thirty (30) days written notice to the Board. Section 2. The withdrawal of a member shall not affect that member's obligation to pay any fees or charges for which it-may-be-obligated under this • agreement. XII. Dissolution. Section 1. The SPRS may be dissolved'upon a two-thirds(2/3)vote of all SPRS members. . Section 2. In the event of a.dissolution the Board..shall detr,rmjge..the .. measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Section 3. in the event of a dissolution, following the payment of all out- standing obligations,ail assets of the SPRS shall be distributed among the members in equal proportions. Should such obligations exceed assets of the SPRS,the net deficit of the SPRS shall be charged to and paid by the members in equal proportions. XIII. Duration. This agreement shall continue in effect indefinitely, unless terminated in accordance with the terms hereof. IN WITNESS WHEREOF, the undersigned suburban municipality has caused this agreement to be executed and delivered on its behalf. 9 . 45 IN THE PRESENCE OF: MUNICIPALIITY: 88 (Title) RECEIVED AND FILED • this day of And r 19 , (Title) 10 C 6y • • • / o December 21. 1979 TO: Roger Ulstad • FROM: Keith Wall A.1.4j - SUBJECT: Agreement with Minnesota Deparbment'of'Publi c'Sbfety _. Adoption of the attached resolution is necessary for us to enter into an -agreement with the Minnesota Department of public.Safety-for the-loan of �,..,..... three roadside portable breath testers to our department. We are currently using units under a similar agreement, however the state has increased the • number available for loan to municipalities. We would appreciate council -- .. consideration of the resolution and agreement at�f their earliest opportunity. • • • GS RESOLUTION NO. 80-12 �Saapie /Y ou ri l\ :T. • BE IT RESOLVED that the City Of. _ zR enter into an• agreement with the State of Mivesc a, Department ofePublia,.$00ety for the following purpose, to-wit: s =. To provide authority for the iity to receive from the State of Minnesota, M Departnent of Public Safety, ALERT d3A portable Breath-tesV:o mt or units on a :.- loan basis. The unit dr unite.are_to-be used by city lawlanfoonenent officers to assist them in the detection of motorists Who may be in violation of Minnesota Statutes Section 169.121. BE IT PURIBER RESOLVED that the . . and be and they hereby are authorized to execute such agreement. • CERTIFICATION • State of Minnesota • City of I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of at a duly authorized meeting thereof held on the day of 19 , as shown by the minutes of said meeting in my possession. • • C dtyk • GL GGREE Ei4T: USE OF ALERT J3A PORTABLE BREATH TEST UNITS .. THIS AGREEMENT, MADE AND INTERsu INTO this dAy ot";-,,:.December ,1.97?,_,,' BY AND BETWEEN the State of Mdrnnesate, Department Public Safety, (hereinafter referred . -to as "DPS"), and ,Eden.Prairiw fn'hlir Safnry (hereinafter referred to as "Recipient"), . • WITh'FSSETH: AREAS the DPS has:received federal moneys th tugh,Sect1on 402 of the Highway..Safgty__.;..:' Act of 1966 for the purchase of ALERT J3A portable breath test units; and WHEREAS the DPS desires to provide a mechanism thxcugh..which local law enfofceit agencies may use these ALERT 33A portable breath test units to assist them in detecting.. ._., drivers•who are in violation of-Minnesota laws relatiag:toa*raff3.c and highway saEi y,_.._., NOW, THEREFORE, IT IS HEREBY AGREED BY AND B£IWEt14 the parties hereto as follows: I. DPS' Responsibilities. A. The DPS shall make 3 ALERT J3A unit(s) available to Recipient. Recipient shall use and have possession of the unit(s), but the DPS shall retain title and legal ownership of the unit(s). . • B. Any and all repairs shall be made by cfc_at_the_direction_of DPS. The cost of repair or replacement will he borne by DPS, at the discretion of the Bureau of Criminal - Appre)ension Laboratory after-consideration of the reason.fer such repair..or reply gent_... _. and the availability of DPS funds. C. The DPS will train at least one person designated by Recipient in the handling and use of the unit. The DPS will hear the expense of this training. D. The DPS will maintain all necessary state and federal inventory control records on the unit(s). The DPS will maintain the J3A ALERT-inventory by instrument serial number and state asset number. II. Recipient's Responsibilities. A. Recipient shall receive 3 ALERT J3A unit(s) and use the unit(s) for assisting in enforcing the Minnesota Taws relating to traffic and highway safety. B. Recipient shall keep and maintain the unit(s) in proper operating condition. • Recipient shall supply all disposable cocponents for the unit(s) at Recipient's expense. C. Recipient shall return to the DPS any unit which is obsolete, inoperable, mal- functioning or no longer in use. The unit shall be delivered or shipped to the Bureau of Criminal Apprehension Laboratory postage and handling charges prepaid. D. Recipient shall be responsible for the cost of repairing or replacing a unit at the discretion of the Bureau of Criminal Apprehension TA-nratory after consideration of the reason for such repair and the availability of DPS funds. 1af3 L-i • E. Recipient shall designate at least one person to be trained by the DPS in the • proper handling and use of the unit. Recipient shall bear the cast of any travel • expenses incurred'bj any person attending such training.----- ,., • F. Recipient shall make the unit(s) available to Authorised personnel when 7.7 .. required for inventory or insHection:Turpases. •r i-�,..mrf,;� ,_ III. Term of Agreement. III. T -• This Agreement shall be in efteot tqr, qde .(1),yealr Spam.the, 13 .day.of December , 1979 , unless terminated by ether party in a ' 'With the provisions set fot~••i, isAcreement.• This fekireinelant Shall be deemed rene d.,,c im. r='11.year-to-year basis unless-it is inated by either Tarty •aocordance with the visions set forth in this IV. Termination. • -. This Agreement maybe terminated by either the Efl$ oer fiecipdent at any tine withor-.,�.,,, ' Uiitbout cause,, upon ten (10) days' written notice to the other party. I n the event..of esOch :Ftermination, Recipient Sha.l return theR4nit(s) to the o•Cr ebenstan_"". -- -Laboratory five (5) days after the-termination of this_Agreement. If Recipient fails_iao_. return the unit(s) within this tire period, Recipient may be assessed the cost of the unit(s). ..._ ... ..- . • • V. Assignment. • Recipient shall neither assign nor transfer any rights or obligations under this Agreement without the prior written-consent of the DRS. — -- J!. Liability. Recipient agrees-to indennifyend-save and-held-file State-of--Minnesota,•its•ageats--....., • and employees harmless from-aay d;all.-Elaine.or_causas::s ;a .,arinisg.froan the,-Ps oi.,„ ALERT J3A unit(s) or from the performance of this Agreement by Recipient or Recipient's agents or employees. VII. Relationship of Parties. Neither Recipient nor Recipient's agents or employees are to be considered to he agents of the DPS or to be engaged in any joint venture or enterprise with the DPS, and nothing herein shall be construed to create such a relationship. • • • • 2of3 IN Y7T'iiaFSS INVEREOF, the parties hereto, intending to be bound hereby, have caused this. Agreement to be duly executed.-the-•4;y and year first above,rant .„ RECIPIENT: OF ;.__ . As to form and execution by the By: ATTORNEY GENERAL: Titlez. By: �-. Date: cNI 11 ormtaNISTRATIoN: ' :` .,. BY: Authtrized Signature Title: -.. Date: Date: Approved STATE OF MINNES0TA DEPARTMENT OF PUBLIC SAFETY COMMISSIONER OF FINANCE: BUREAU OF CRIMINAL APPREHENSION LABORATORY: By: Re:amended for Approval Date: BY: Ti Date: STATE OF MIINNESOTA DEPARTMENT OF PUBLIC SAFETY: BY: Title: Date: • A certified copy of the resolution rust be attached authorizing the to enter into this Agreement and authorizing the and to execute the Agreement. 3of3 61 t . F' • ' ANIMAL CONTROL CONTRACT ; . ...,':,.- _---_ _ -- This agreement made this day of.;;. - -- - -- , by az. between Municipal-and Private Service,, Ins., a Minnesota Corpott n7-7.- ' - hereinafter referred to as -JiA2SI and '.e'City 4 FA.r Drair_0:-•1 a Municipal Corporation located in t ..County,of _ ve = .. e= ' and the State of Minnesota, hereinafter referred to as City, :- �.. witnesseth: In consideration of the covenants and- a reements hereinafter . - setforth, it is Mutually agreed by aid hetween the parties h,: is as follows: ..... - 1. This agreement shall be effective as of January 1. 1980 , - ---- —and shall continue is effect, ti.' $ec 31. 980 unless cancelled pursuant to Paragraph 15. 2. MAPSI agrees to patrol the public streets of Eden Prairie in a vehicle especially designe3'for the"transportatio.: s: small animals, in accordance with a schedule agreed upon . by both parties. 3. MA'PSI agrees that patrolling, shall be done by competent personnel trained in the handling of animals, and that such employees shall be app4oyed by the City Manager a; the City's request. Employees shall be authorized'by tie City to apprehend and retain.dogs.,- cats and other animals which are in violation of,. she City Ordinance. However, MAPSI will not invade the private property contrary-to the wishes of the owner of said property nor forcibly take an animal from any person without the approval and _ _.. assistance of a regular police officer of the City. • 4. In addition to the regular hours of patrolling referred to, MAPSI agrees to maintain one (1) vehicle for standby service • to attend cases outside regular patrol hours at the specific request of the City's Police Department. • 5. MAPSI represonts and agrees that all animals impounded be kept at MAPSI housed at 506 - llth Avenue North, Minnesota and MAPSI agrees and warrants that all animals impounded shall be kept in a comfortable and humane manl..er for a period required by the City Ordinance. MAPSI agrees that the pound facilities shall be open and available to animals from 8:00 a.m. to 7:00 p.m. Mondays through Saturdays, and from 1:00 p.m. to 5:00 p.m. on Sundays and holidays. • • 1 O f Animal Control Contract _ �.'` Page 2 I . 6. At the time that an, animal_ .0 im oundednder this contract . is reclaimed, MAPS/ or its 4ga:.i7siiail co.lect the impouadiag' fee and boarding charges as provided by• ity Ordinance. MAPSI.shall L� 7 4 _,_ �� furni sh monthly rape is .:o the City as requizeG- - as to the service or services eaderd _d in connection animal _,�_ ___ . wita each anal impou di "' l-1.A •.im i.nding fees, license 7_- fees and any other penalty fees collected my MAPSI or its ' , agent shall be remitted to the C:;�y:` . - . . __ - 7. In the event an animal in impounded .and boarded by order..,of -. the City_Health Officer or placed under quarantine by ruiiag _ _ of the State'Board•of Health; said animal. shall be boarded ' 'as required by said order or ruling. At the end of such- period, the City releases all of its-interests, right and control over said ani orals._which ma then,be disposed of at _ the dicretion of MAPSI. In the.event that any dogs, cats - or other impounded animals are unclaimeedarfteerr bved(5)disposed they shall become the property y - � • of or sold at their descre:.ion. All proceeds frat the disposition of such animals may be retained by MAPSI, i•- eluding any proceeds received from any animals disposed in accourdance to Minnesota Statutes 35.71. 8. The City shall furnish to MAPSI all license forms, pound receipts and license tags.-a. _.specified is -the ordina ce ` and MAPSI shall ;seep records of all animals impo;raid • together with a description of the.same. _ ............ 9. MAPSI shall furnish all vehicles with two way radios and/or other communication equipment and agrees to service and maintain said equipment. 10. MAPSI shall assume liability for all harm to animals due to its negligence or that of its agents in not properly .caring for the same, and.agrees to defend any lawsuits arising therefrom. Upon request, MAPSI shall provide to • the City proof of public liability insurance including comprehensive automobile liability in an amount of at .east $100,000 per each claimant and $300,000 per occurrence. • ' • 11. MAPSI agrees that during the period of this contract it will not, within the State of Minnesota, discriminate against . any employee or applicant for employment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision in all subcontracts entered into for the performance 'hereof. This paragraph is inserted in this contract to comply with the provisions of Minnesota • ( Statutes 181.59. • • 10 tb • • • Page 3 - 7. 12. The City agrees to pay MAPSI for/min the performi-..ARrv.:c of this contract as follows: a. Price per hour per ambulance:_for::furnashing Patrol = _c= Ambulance for scheduled hours pi-patrol (actual timi"' - in service for City) $ 12 ,c b. Price for each 24 hours of dractioa rthereof for iio.:i' S i any species of animal impound-np-direction of City.a officials or local ordinalrat.7-- - •= . S 3.65 o. Price per each animal for destroying dogs or cats. S 6.00 d. Price per hour per ambulance for service during other than scheduled or regular working hours including travel time (Special Service) $15.00 • - 13. All payments shall be made by the-City-upon receipt of - monthly statements of MAPSI. 14. MAPSI agrees to provide veterinary services to impounded An;mAls ,as needed at no cost to the City. . 15. Either party hereto may cancel'this--contract wittfiir-thirty- (30)'days written notice thereof to the other party. • MAPSI CITY OF B By: ar Smi ' , rest ent Mayor • By: Manager • • • • • • toe . ,• au 3 1 . • L m ra Q� r . n titan Aria tr�t�n�ent �'uo��f�m • of the Twin City Area January 2, 1980 • TO: CITY MANAGERS • 14AMA-49 Joint Bargaining"Ci'tied , 'C3t;i!. - FROM: John Elwell, Chairman • MAMA-49 Negotiating Committee J.ii-. - SUBJECT: MAMA-49 LABOR NEGOTIATIONS .. A tentative settlement for calendar 1980 and 1981-has been reached by the MAMA. and IUOE, Local'No. -4 bargai:ti'Sg committeesL'" A. LANGUAGE CHANGES ARTICLE VI - EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE New Step 4 to read: • "Step -4. A grievance unresolved in Step 3-may be ~ • appealed to mediation under-the auspices of the - Minnesota- Bureau of Mediation-Services." - New Step 5 to read: . - "Step 5. A grievance unresolved in .Step 4 and appealed • - in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations ' .Act of 1971, as amended. The selection of an arbitrator • shall be made in accordance.:with the "Rules Governing_.--. the Arbitration of Grievances" _as established by.the_ . _ Public Employment Relations Board." ARTICLE VII - DEFINITIONS Change 7.6 (Seniority) to read: • "SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. • Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service • • • -71 • CITY MANAGERS MAMA-49 JOINT BARGAINING.CITIES January 2, 1980 Page Two I r. under this AGREEMENT for pterposes:of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this. ,_,. -; •• AGREEMENT." ARTICLE IX - WORK SCHEDULES _ . • Item 9.2: Change the phrase "advance notice! to "seventy-two.- (72) hours notice." ARTICLE XV - SENIORITY Change to read: "15.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all - job relevant qualification•factors are equal.•. .--.• 15.2 • Seniority will be the-determining criter-ion,#D -.--• - recall when the job relevant qualification factors are equal. . '" ` _ Recall rights under this^proVisibn will continue_ Tor for twenty-four (24) months after layoff. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit- all recall rights.-"- ---- ARTICLE XXI (New) SCOPE OF AGREEMENTS "No addendum to this MASTER AGREEMENT can be in conflict with this MASTER AGREEMENT." • ARTICLE XXII (New) WORKING OUT OF CLASSIFICATION "Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the • Heavy Equipment Operator rate' of pay for those hours r assigned to the unit: • l (List to be developed in each City through local negotiations.)" 12 • • • CITY MANAGERS MAMA-49 JOINT BARGAINING CITIES January 2, 1980 • Page Four classification into which the employee is hired fore the employee's first year. This rate will increase to ninety-five (95) percent of°,the contract rate for the employee's second year, and:move to the contract rate" - for the employee's third year of employment. - Appendix A shall be open for negotiation for calendar • • year 1981." • • JE:hfc cc: C. F. Smythe C. Swenson Members of Bargaining Committees • • • o :. • • • MEMDRANDUM ' T0: Mayor and City Cepcil ,.,. THRU: Roger K. Ulstad, 4ty Manager • FROM: Bob Lambert, Direetor of Community Services- DATE: January 3, 1980 ; • - SUBJECT: Receive and Award ids for Senior Citizen_4n,, r tie r At'the December 18,'1979 meetig, the staff indicated tn..... -City Council the Eden Prairie Rotary Club lied volunteered to donate $2,+J a year for the ; next 3 years toward acquisition of a van for the EdenPrairi8 Senior Citizen -_ Transportation Program. The F ty Council requested the,staff-obtain quotes on a van as soon as possible.,,,, - -* - Staff has requested quotes fro autovobile.f$,zps,,foT,4,1979 V*11 Vitli.the_ following: Automatic Transmission Power Steering Air Conditioning Rear Heater 10 Passenger • Because we are not ordering-a:new van, but s$myply-requestinlbids_on vans in _ • acid, all of the bids received were on vans that_had-many more options than • " were requested. However, so110..4f the bids did n t,bave_,all_of.the options that were requested. • The following bids were recei :____ • Hopkins Dodge - 1979 8 passenger van, automatic transmission, air conditioning, power steering and.radio. Price $8,699__.. 1979 8 passenger van with the following options: • automatic transmission, power steering, air conditioning - and radio. Price $8,238 1979 8 passenger van (demonstrator) with the following options: automatic transmission, power steering, air conditioning and AMFM Stero. Price $9,028 1979 8 passenger van with the following accessories: automatic transmission, power steering, air conditioning, axillary heater, and radio. Price $8,041 1979 8 passenger van with the following options: automatic transmission, power steering, air conditioning, / axillary heater and radio. Price $8,252 75 • • -3- • Hopkins Dodge - 1979 8 passenger van (demonstrator-- 2,957 957smilmiles) '- with the following Options: Outesati1 air conditioning, power steering and radio. Price $7,795.95 • • 1979 8 passenger van with the following accessories: : automatic transmission,.powerastaering, air conditioning*. -iaue and AMFM radio. Price $9,176361 Gelco Plet $ 1979 9 passenger van (demonstrator- 9,500 miles) withor.," f*= ` tlanagements.••= the following accessories: autematic transmiss#on,.yawar-;.; .'-i Service Co;' steering, front air conditionfe�sri�ear air conditioning,,�' ' :e e= axillary rear heater, and AMF►40iStten:eo radio. Price $7,500 $?,5O. After're`viewing these vehicles; it is my recommendati e..that:the City purchase...`` • - I: • - the van available through Gels* Piet and Management.Services Co. This van cam:: •be set up for a power lift through the rear door and steps on the side door, and -'with'the extra'opttens will b*Aworth $2,500 to-Th000,1 in three to four.yeaws cook.fl r a trade-in. Other desirable options are as follows: _rear door check,, center_ rear seat, power door locks, high back seats, tint body glass, tinted windshield, pawer•windows, carpeting, power-brakes, cruise control,..33-.gallon gas tank. tilts.... steering wheel, spare tire, heavy duty battery, electric clock, power antenna, and gage package. • Although, many of these options are not necessary for the City's use, they will , -be desirable items on a trade-in, .• ♦ SL:aid ' • • • • • • • • • • • • 4'• • • MEMORANDUM Fw,_ TO: Mayor and City Council q-f, . 44r THRU: Roger K. Ulstad, ty Manager K. . .. _.:r FROM: Bob Lambert, Direetor of Community item:: S:..i_ss �- • DATE: January 3, 1980 ;•-.. r - r,,., SUBJECT: Bluff Property Paervation , • ;; Fap • • t At the December 18, 1979 meeting, the City Council:eontftmadthis item to w I January 8 and requested staff to.provide information showing that the bluff . portion of the Peterson farm hg4.ggme potemtlak for develent. As I indicated to the Council, Mr. Don Hess has prepared some preliminary plans showing possible.development potential for the bluff area of the Peterson farm. I have attached two possible development proposals for that area. I don't agree that either proposal is a good plan, and neither are feasible without sub- stantial grading. However, these proposals should indicate that there is some development possibilities for this area. This area of the bluffs does not.compare to the 12-acre-hiLlside that was _ • dedicated by Hosted in•Bluffs4Beat-3nd. .Tl$t,.prepertrAnatigteLoAly..a Ateep... ;... .,, slope from the top of the bluffs down to Riverview Road. The Peterson property includes '"'' .'"b :ttrWrvalh4yand•several smal-lerwbilis"belwaea •�.�•,.,t.a...e xea+a,u�8ighsraY .<:-...!.,.l...�. . 169. s"o . .:.. /he question is not whether this property will be-purchased-or dedicated, question is whether the.property-will-be-developed-into"large lots or purchased__ , and perserved for open space. If the Council believes that--open_.spaceis a good use of this property, then the. • - Fish and Wildlife Services requests the City to send a letter stating so. BL:md • • 77 • • • • . , • • MEMORANDUM • TO: Mayor and City Council THRU: Roger K. Ulstad, City Managers'-+ Pam: 'Bob Lambert. Director of Cosmunity:Serwices'p DATE: January S. 1980 Sa: .:. ;. ') SUBJECT: '1UMMission Request on Policy.iegsrding Park Fees on Subsidised- ' • . Housing - At the December`17, 1979 meeting, the Parks, -Recreation and Natural Resources---- Commission were reviewing the COR Investment Proposal. The major question for the Commission regarding this proposal centered around the cash park fee on the elderly housing units. At their previous meeting, the Commission reviewed a similar proposal and recommended reducing the cash park.fee from $250/unit to $100/unit.. Sub- sequently, the City Council waived all cash-park fees as per staff ' . _ recommendations siting the City's desire of reaching the goal of 166 units of subsidized elderly housing and also noting the fact that as the City provides for more of this type of housing, the ity also receives higher ranking for grants in the argg~.4f acquisitiQR end development for park purposes. The Parks, Recreation and Natural Resources.tommission wanted to know if ._.. the City Council considers this waiving of cash park fees a new policy on all subsidized housing or if the Commission should continue to look at each project and make a recommendation. Attached is a copy of the unapproved minutes of the December 17, 1979 meeting. BL:md • I Minutes --Parks, Recreation ft • .t unapproved peg. 17 ig7g ved, , Natural Resources Commission • . Tangen questioned the situation regarding the.cash park fee for the ...... :. proposed development across the street from:UHL- Tangen felt a policy should be established so the commission would not need to review each . .. proposal. He felt something should be incorporated-in an ordinance.or ^ - ev :„ amendment to the ordinance. -- rr Lambert answered that the City Council agreed:to.wave the cash park fees t for the 46 elderly units in order to encoWrege•and promote that kind oi-?,- housing. The City will get a higher rating for.grants and assistance -, . for parks which in turn will provide extra-funds. -The City Council -• -' Considered-this for-this proposal and-had•ho-odnmetri:"if this-should be ^— -,------i: a "policy". . • .. kruell felt they would be genanating favorable-mutton if-.they ..,�.._ :-.,,,,..-• considered every program just to get more grant money which would be discriminating with certain markets. This is unfair to the tax payers . . -- who subsidized these programs.•.-The problem of economics in this area c �__.. .. .'•,' are monumental which can't be solved. R. Anderson noted-that money from grants comes from several different ways and can be used by different places. If Eden Prairie did not use .-- the grant money it would.be used in some other place. Anderson also. . . commented to the stand the City.Council made regarding mini parks in .: . - ,. :the past. He did not want a.,situation where.the.romai<ssion,approses...ww ,.•,_ something but then have it turned down by the City Council.. • MOTION: Tangen moved, secondesi.by.Kruell,..to ask.the..C.ity fRuncil_to . inform this Commission of the policy regarding subsidized housing units _ -_. .. of Eden Prairie in regard to waiving or modifiying of cash park fees.-- - Motion carried unanimously. MOTION: Tangen moved, -seconded by fi-feld, to table COR Investment _ _ _ . until the next meeting. Motion carried unanimously. - _ -_ b. Olympic Hills 6th • Larry Peterson, representing the Preserve and Olympic Hills, came before the commission to explain the revised Olympic Hills 6th project. The original proposed development was turned down by the City Council in fear the ultimate end would come for the golf course. Peterson assured the commission that there would be no Olympic Hills 7th or any other expansion into that area. He explained the areas involved and the proposed development. He noted that they eliminated lots and in the case the Olympic Hills Corp. could not continue operations as a golf courseland is forced to offer the golf course property for sale, the Olympic Corp. would give Eden Prairie a right of first refusal over any such sale. ( Lambert stated that he hpd recently walked the path along the golf course and found it was high enouah to remain dry He felt it would link in well with the other path and a connection to the future Homeward Hills Pd. . R. Anderson questioned if the soil was spongy. 79 MEMO TO: Mayor and City Council FROM: • Bob Lambert, Director of Community..Services THROUGH: Roger Ulstad, City Manager 1 :r DATE: January 3, 1979 • RE: Cash Park Fee, Valley Knolls 2nd,:Addition In early December last year, the Com7.tcil game pteliminary plat appragal-,,;.. for 10 lots to Marvin Anderson Construction•along-Duck Lake Road, for , Valley Knolls Second Addition. One of the requirements made by the Council upon recommendation by the staff and Commission, was the require- ment of the cash park fee. Although 3.45 acres of open space was given to the City in 1973 as part of Valley Knolls First Addition, the Second•Addition was not brought for— •• platting until recently. Since there are a total of 49 lots in both additions, on 22 acres of land (including the 3.45 open space area) the gross density is 2.23 units/acre. This is above the 2 units/acre nor- mally allowed by ordinance. Since the cash park fee ordinance has been'adopted since 1973, the Sec- ond Addition was not platted, the gross density 3s still above 2 units/..- - acre, and this subdivision was not given a waiver at the time the ordi- nance was adopted, the staff feels that the cash park fee on the remaining 10 lots is appropriate. r, . BL/jo • • • OO • ur<• .,, 4717 • Valley Knolls Second Addition (: DEVELOPER'S AGREEMENT THIS AGREEMENT. made and entered.into as of, , 1979 ' by and between MARVIN H. ANDERSON CONSTRUCTIONi•'CO.T a Minnesota corporation,. . hereinafter referred to as "Owner" and the CITY-OF•EDENt. PRAIRIE , ii r •• a municipal corporation, hereinafter referred to-as-"City''; • WITNESSETH: WHEREAS, Owner has applied to City to develop approximately 4 acres . situated in Hennepin County, State of Minnesota, more fully described as Lot 1, , -Block- 3, and Lot d,Block 4, Valley Knolls Addition,,.and,hereinafter,referred,, l,•;..,., .rt as "the property", and WHEREAS, Owner desires to develop the property into 10 lots for single family residences. • NOW THEREFORE, in consideration of the City adopting-Resolution #79-200, Owner covenants and agrees to.constructiop.upon, develoPMent,.and_m4intenance _ of said property as follows: - , 1. Owner shall plat and develop the property in conformance • with the-material dated Oct. 4, 1979 reviewed and approved_ _ by the City Council on Nov. 20, 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 construct concurrent with the construction of utilities within the property a 5 feet wide 5 inch deep concrete sidewalk within 'the right-of-way and West of that portion of the blacktopped driving surface to be constructed on Duck Lake Road extending from the south line of Lot 1, Block 1 northerly to the north line of lot 6,Block 2, of the property. • 8i Developer's Agreement-Va)ley Knolls Second Addition page 2 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 PRA)RIE, a-municipal t -STATE OF MINNESOT9IISS,'= - - corporation of-:the- to of M nesota - COUNTY OF HENNEPIN) . . • The foregoing instrument was acknowledged before me this _days of 1 1979 by Wolfgang H. Penztl, Mayor and Roger K. Ulstad, Manager of the . City of Eden Prairie on behalf of the corporation. .• . • BY:. - - Wolfgang H. Penzel, Mayor - - --- BY: - . .:. .. Roger K. Ul stad, .Manager -- --Mary Public • Approved subject to omission MARVIN H. ANDERSON CONSTRUCTION; INC., of the following Exhibit B. iII, a Minnes to corporation , 2 V.H. and VI.G BY /7.r-t•�� i./ / //74` .. BY: 111 './/e a.,y . STATE OF MINNESOTA�SS. COUNTY OF HENNEPIN) The foregoing instrystentwas acknowledged beforeme this/ 'day of 1�,-/. 1979 by ^/H.,.I;.. ,J• Qh-.✓.- the ^!e../7.....44 and • the of Marvin H. Anderson Construction, Inc., on behalf of the corporation. (,.:1;) �r, LAir. ,- . --pJ Notary Public 1 E AST 1 .t 1 , I 140.00 t�, n i� 6 4 , ; 44 I tP J , _ ..1i •EAST __� l_j 140.0o i lin +,I ..,, 10. st = t EAST I L ---- 0 I s✓ Z r t14000 =A , .4�=•2 4 , I , , it,LTf v► 1 e P .\ o _ EA T__ ci , $i 140.00 i D i., I • i 'Q' In .,I 0 I II14. 3 + 3 I , L_FAs7 I . }_I400o , 12 c, 2 v 5164ieenerefe diet 1 tF-- Ai N ieif w 1 .. . .. r--i400i""'l 46 I aIen I o I "� Fli XIv o'•t , I Z .. !i87.49.3ewj f I 145 11 �i IINS . .1 1 1— ` 0 v 0.1 I I I ev D 587.49.30"E ', I , , 14s. iI I I� 81 66 I I �$ �„ 4 o-1 EAST I I -- 2 i I45.00 j t ei''t j 3 2; A14I Z ta1-;T / o-; ..) 1 L_EAST __J t _) I I ` w, 14500% ; ) I 9 M I*.. 2 .1 g _ pI r I :i L LEAST _J i I `� t •♦ r -1 • ;o aas.00 Si I Nov.1, 1979 I 1N I N� 66 ` ' : IP WEST r, ` I Valley Knolls Second Addition • b� — ..14 , 33 Exhibit A `♦ 145.00 1 I t DEVELOPER ' S AGREEMENT EXHIBIT 8 page 1 of 2 I. Owner shall submit detailed construction and storm sewer plans to the Riley-Purgatory Creek Watershed District for review and approval. II. Owner shall follow all rules and recommendations of said Watershed District. . III. 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. IV. A. Owner shall include on the final plat the number of square feet of all lots and outlots. B. Owner shall promptly upon a bill being rendered by the City therefore, pay to City fees for first two year street lighting (public streets). C. Owner shall remove all soil, and debris from, and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during the period commencing May 1 and ending October 13, of each year, until such time as such streets and improvements there- in are accepted for ownership and maintenance by City. D. Owner shall also sod all drainage swales serving 5 or more lots a minimum distance of 6 feet on either side of the center of the swale. V. Owner shall file this Agreement with the Register of Deeds or Regis- trar 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 Agree- ment. VI. If Owner fails to proceed in accordance with this Agreement with in 24 months of the date hereof and provide proof of filing in accordance with item V hereof, Owner for itself, it successors, and assigns shall not oppose rezoning of said property to Rural. VII. Provisions of this Aggreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. 7I Page 2 of 2 Exhibit B } VI' aannder clearrofents and warrants it mortg mortgages, Liens and other eencumtra es, except:title to the property free IX. In the event there are or will be constructed on the property, 2 or more streets, and if permanent streets signs have not been installed. Owner shall install temporary street signs in,accordance with recom- mendations of the City Building Department, prior to the issuance of � . any permit to build upon the property. X. Owner shall pay cash park fees as to all of the property required by aryordinance in effect as of the date of the issuance of each , . 7 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 art 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. • • r To: Mayor and Council From: John Frane Date: January 4, 1980 Re: MID 8 Guidelines Per your request we have included excerpts from the Industrial Revenue Bond Act, (Chapter 474 of the State Statutes). The entire chapter is not presented, only those portions of the Act which we felt could be of benefit in determining_ guidelines are included. • 0� Chapter 474 MUNICIPAL INDUSTRIAL DEVELOPMENT . ACT • 474.01 Citation; policies,purposes and findings; participa- tion by municipalities Subdivision 1. This chapter may be cited as the Minnesota .r municipal industrial development act. Its purposes and the con- ditions creating the necessity for its enactment are found and determined by the legislature to be as stated in this section. Subd. 2. The welfare of the state requires the active promo- tion,attraction,encouragement,and development of economical- ly sound industry and commerce through governmental action for the purpose of preventing,so far as,possibie,the emergence of blighted and marginal lands and areas of chronic unemploy- ment. It is the policy of the state to facilitate and encourage ac- tion by local government units to prevent the economic deterio- ration of such areas to the point where the process can be re- versed only by total redevelopment through the use of local, • state,and federal funds derived from taxation,with the attend- ant necessity of relocating displaced persons and of duplicating public services in other areas. Subd. 3. A primary factor necessitating such action is tech- nological change in agriculture, mining,forestry,and other tra- ditional industries of the state,the effect of which is to shift to a significant degree the area of opportunity for educated youth to processing,transporting,marketing,service,and Other indus- tries. Unless existing and related industries are retained and new industries are developed to use the available resources in each community,a large part of the existing investment of these communities and of the state as a whole In educational and pub- lic service facilities will be lost. For the future, the resulting movement of talented,educated personnel of mature age to areas where their services may be effectively used and compensated, and the lessening attraction of persons and businesses from other areas for purposes of industry,commerce,and tourism,will de- prive the community and the state of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. Subd. 4. Other factors necessitating such action are the in- creasing concentration of population in urban and metropolitan areas; the consequent increase in the amount and cost of gov- ernmental services required in these areas; and the need for more intensive development and use of land to provide an ade- quate tax base to finance these costs. The effect of these fac- tors is intensified by the necessity of withdrawing land for public use for highways, parks and open space reserves, schools and playgrounds, and other public enterprises needed to sustain proper living conditions,communications,and mobility in an in- creasingly urban society. Subd. b. Through the authorization and creation of housing and redevelopment authorities, port authorities, and area and • municipal redevelopment agencies the legislature has sought to provide monetary aids for the redevelopment of blighted areas, marginal lands, and areas of substantial and persistent unem- ployment. By the use of the powers and procedares.described in this chapter, it is believed that local government units may in many cases prevent the occurrence of the conditions.requiring • redevelopment,and may be able to reduce substantially the cost of redevelopment when it becomes necessary. • It is also the purpose of this chapter to permit.the exercise of these powers by such units,authorities and agencies,in addition to any powers granted and without regard to•any limitations im- posed by any other law, to aid in the redevelopment of existing areas of blight, marginal land, and substantial and persistent unemployment. • 474.02 Definitions • Subdivision 1. The term"project"as used in sections 474.01 to 474.13, unless a different meaning clearly•appears from the context,means any properties,real or personal,used or useful in connection with a revenue producing enterprise,or any combina- tion of two or more such enterprises engaged or to be engaged in generating,transmitting,or distributing electricity,assembling, • fabricating, manufacturing, mixing, processing, storing, ware- . - housing. or distributing any products of agriculture, forestry, mining,or manufacture,or in researclfand development activity- - -. _. , in this field. The term "project" shall also include any proper- ties,real or personal,used or useful in the abatement or control of noise, air or water pollution, or-in the,disposal.of&solid .t�.... ,. wastes, in connection with a revenue producing enterprise, or any combination of two or more such enterprises engaged or to be engaged in any business or industry. The term "project" shall also mean any properties, real or personal, used or useful in connection with the business of telephonic communications, conducted or to be conducted by a telephone company,including, without limitation, toll lines, poles, cables, switching and other electronic equipment and administrative,data processing,garage and research and development facilities. Subd. la. The term project shall also include any properties, real or personal, used or useful in connection with a revenue producing enterprise, or any combination of two or more such enterprises engaged in any business. Subd. lb. In furtherance of the purpose specified in sections 301A.02 and 474.01,the term"project"shall include any proper- ties, real or personal, located outside the metropolitan area de- fined in section 47313.02, used or useful for the promotion of tourism in the state. Such properties may include hotels, mo- tels,lodges,resorts, recreational facilities of the type which may be acquired under section 471.191, and related facilities. The provisions of this subdivision shall not apply to municipalities located in whole or in part in the metropolitan area as defined in section 473B.02. <74.03 Power Any municipality or redevelopment agency,In addition to the powers pre- seethed elsewhere by the laws of this state,shall have the power to: al Acquire,construct,and bold any lands,buildings,easements,water and air rights.improvements to lands and buildings,and capital equipment to lw ' located permanently or used excluateely on a designated site and solid wear disposal and pollution control equipment,regardless of where 1prated,which are deemed necessary In connection with a project to he atuated within the state whether wholly or partially within or without the municipality or re- ^� •' • development agency. and construct, reconstruct,improve,better,and extend such project: 474.04 Authorization of projects andbonds The acquisition, construction, reconstruction, improvement, betterment, or extension of any project the execution of any revenue agreement or mortgage pertainin};thereto,and the issu- ance of bonds in anticipation of the collection of the revenues of such project to provide funds to pay for the cost thereof,may be authorized by an ordinance or resolution of the governing body • • adopted at a regular or duly called sPeefal Meeting thereof by the affirmative vote of a majority of its-members. No election shall be required to authorize the use of any of the powers con- ferred by this chapter. No lease of any project shall be subject to the provisions of section 504.02,unless expressly so provided in the lease. Laws 1967,c.297, § 4. Amended by Laws 1.971.Ex.Sess.,c.31,art. 24,§4; Laws 1973,a 319,§3; Laws 1975,c.422,§14,eff.June 5, • 1975. 474.05 Determination of cost of project In determining the cost of a project,-the-governing body may include all cost and estimated cost of the acquisition,construe- - • . tion,reconstruction, improvement,betterwaantr,and-extension of - -M the project,all engineering, inspection, fiscal, legal,administra- tive,and printing expense,the interest which it is estimated will - accrue during the construction period.and for six months.there-,. ......... . .... after on money borrowed or which it is estimated will be bor- rowed pursuant to this chapter, and bond reserves and premi- ums for insurance of lease rentals pledged to pay the bonds. Laws 1967,c.297,§5. Amended by Laws 1971,Ex.Scss.,c.31,art.24, §5; Laws 1975,c.422,§15,eff.June 5,1975. 474.06 Wanner of issuance of bonds; Interest rite Bonds authorized under this chapter shall be issued in accordance with the provisions of chapter 475 relating to bonds payable from income of revenue 's';. producing conveniences,except that public sale shah not be required,end the bonds may mature at any time or tines in such amount or amounts within 30 years from date of Issue and rimy be sold at a price equal to such percentage of the par value thereof.plus accrued interest.and bearing interest at stub rate or rates,as may be agreed by the contracting party,the purchaser,and the municipality or redevelopment agency, notwithstanding any limitation of Interest rate or cost sr of the amounts of annual maturities contained In any other law. When bonds authorized under this chapter are issued, •they shall State whether they are issued for a project defined in section 474.02,sutdivisiona 1,is,lb,or lc. Amended by Luna 1978,a 009,t 7.eff.March 29,197&- TO: Mayor and Council FROM: John Frane DATE: December 14, 1979 RE: M.I.O.B. Guidelines - The following criteria could be used in developing guidelines for the issuance of Industrial Revenue Bonds: I Investment by the applicant Percentage minimum of 5, 10, 15, 20, 25 or ? II Type of Employment "White Collar"/"Blue Collar" some ratio? III Financing Vehicle Mortgages only, Bonds or Mortgage, Bonds Only IV Use of Bond Proceeds Permitted by law, no specialized equipment, only for costs which increase assessed value V Occupant of the project 100% owner, 25% owner 75% leased, 50-50-, 75-25, any combination VI Terms of lease to length of I. R. Financing 25%, 50%, 75% VII Financial Evaluation of Applicant Representation of Underwriter/purchaser, Earnings test VIFI Minimum Employment per gross square footage,of building - .. . IX Acceptable (or non acceptable) uses Retail (by appearance) Inside Sale Inside/outside sales Retail (by type) Grocery Hardware Building Products Automotive (Parts or Auto Sales) Gasoline Stations Office/Office Warehouse Inside Storage Outside Storage Service Financial (Bank/Insurance/leasing) Restaurant Fast Food • Public Service (Gas, Electricity, Phone) Storage and/or Delivery • ( Medical • legal Industrial Consumer Goods • Industrial Goods X. A one year time limit from date of Preliminary approval to the date of Final Resolution 90 To: Mayor and Council From: John Frane Date: January 4, 1980 ^°" -. Re: Tax Increment Financing for the Major Center Area If the City desired to initiate a•tax increment financing program, during 1980, a. for improvements in the MCA it appears that $5.5 million of tax increment bond proceeds could be made available during 1980. An additional $1.7 million could be available in 1981 or a total_of $7.2 million. Additional monies could be generated as new buildings materialized. Using a rule of thumb where each $3,300,000 of new market value would generate an additional $1 million for improvements. • { 41 To: Mayor and Council _• Date: December 28, 1979/January 4, 1980 . . • From: John Frane • I. Tax Increment Bonds may be sold eifiber_.as: Revenue Bonds (only tax increment9piedged) G.O. Revenue Bonds (increments,p)us-full• faith) II. It takes $3,300,000 of new C/I-Market_VA,9ue:t0'11nance • $1,000,000 in Bonds (6%; 22t years).or it takes $1,000,000 in net (of fiscal disparities) C/I assessed value to finance $1,000,000 in Bonds. • III. For every $1,000,000 of Bonds sold the.mil]...rate would.rise _ ..... _ • about .5 mills. (This is the initial effect; as the total . valuation from all other sources increased this mill rate would decrease) IV. Revenue Bonds would require a higher, Say..1.25.to coverage.(3.900,000 to 4,700,Q00 in.C/I, larkat for.each. ._,_.,. $1,000,000 of Bonds) V. G.O. Bond short-falls would have to be made up by other • taxpayers .. VI. Bond sales could only occur as development actually materialized • VII. Tax increments from new development are only substantially available in the 3rd year following the year of building permit VIII. The contribution to the fiscal disparities pool must still be made (either by the properties "captured" for their tax increments or by all the other C/I taxpayers) 92