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City Council - 02/05/1980
• JOHN D. FRANE ElDEN PRAIRIE CITY COUNCI {: FUESDAY, FEBRUARY 5, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS: Vi, 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 Franc; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 22, 1980 Page 358 III. CONSENT CALENDAR A. Request from Rauenhorst Corporation to chap a the Opus Office Plaza Page 373 Public Hearing from February 19, 1980 to March 4, 19U0 8. Approval of traffic signal agreement No. 59743M with Mn/DOT for Page 374 signals at TH 169/Co. Rd. 1 and TH 169/Vo-Tech (Resolution No. 80-31) IV. REQUEST FOR APPROVAL OF LIQUOR LICENSE FOR BROTHERS RESTAURANT TO BE LOCATED IN THE EDEN PRAIRIE CENTER Continued from JanuaryD l 98'D1 V. PAYMENT OF CLAIMS NOS. 7163 - 7332 Page 382 VI. PUBLIC HEARINGS A. COR Investments Office & Multiple by CDR Investments, Inc_ Request to Page 114 rezone 2.8 acres from Planned Study to Office and 1.4 acres_ from Planned Study to RM 2.5. Located south of TH 5 and West of Superamerica Station—Wrdinance No. 80-01) Continued from January 22, 1980 B. Ordinance No. 79-34, amendinq_the Firearm's 0rdinanceSOrdinance Page 386 b / No. 3377), revising hunting zones (continued from September 18, 1979) C. Public Hearing to order removal of diseased trees (Res,No, 80-26) Page 394 VII. REPORTS OF ADVISORY COMMISSIDNS A. Human Rights & Services Commission 1. Request for a joint meeting with the City Council Page 413 2. Proposal for the Organization of Citizen Participation in Hennepin Page 414 County VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-40, rezoning from Rural to C-Reg-Ser Page 417 for a—Ciii Auto Store in Menard's Second Addition and djveloper's agreement Council Agenda - 2 - Tues.,February 5, 1980 B. 2nd Reading of Ordinance No, 80-04, rezoning properties around County oad— ac iff anne1-3lu y Page 427 ( C. Resolution No. if-24, amending Resolution No. 1088, the Personnel Page 431 Policy ---— —.. IX. PETITIINS, REIUESTS & C•Mi1UNiCATI•NS A. Request for an extension of the developer's agreement for Master's Page 101 Condominiums for 1 year (continued from January 22, 1980) B. Request for reconsideration by Marvin H. Anderson Construction Company Page 432 that the Council waive the cash park fee on Valley Knolls SeCond Addition and amend the developer's agreement accordingly X. APPOINTMENTS A. Board of Appeals & Adjustments. Appointment pf two members to serve 3 year terms commencing March, 1980 0""4" - w�.•-- B. Building Code Board of Appeals. Appointment of two members to serve 3 year terms commencing March, 1980 C. Development Commission. Appointment of three members to serve 3 year terms commencing March, 1980 /�e.•.�,- D. Historical & Cultural Commission. Appointment of three members to serve 3 year terms commencing March, 1980 E. Human Ri9bts & Services Commission. Appointment of three members to serve 3 year terms commencing March, 1980 • F. Parks, Recreation & Natural Resources Commission. Appointment of three members to serve 3 year terms commencing March, 1980 P' G. Planning & Zoning Commission. Appointment of three members to serve 3 year terms commencing March, 1980 H. Flying Cloud Advisor Commission. Appointment of two members to serve 3 year terms commencing March, 1980 XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of Citylittorney 1. Request from Robert Kurland for the cost of removal of diseased Pave 433 elm tree -- — - -- 1 C. Report of City Manager D. Report of Director of Community Services 1. Letter from Elliot Perovich, Chairman of the Metr�litan Parks Page 451 & Open Space Commission, regarding Anderson Lakes Park (continued ?Tom January 22, 1980) • Council Agenda - 3 - Tues.,February 5, 1980 ff d 2. Metropolitan Airports Commission. lease for Flying Cloud ballfield expansion (continued from January 22, 1980) 1 3. Advertisement for bids for 1980 light industrial tractor Page 454 4. 1979 Tax Forfeited Lands (Resolution No. 80-25) Page 458 5. Community Center Committee interview process Page 471 f E. Report of City Engineer 1 1.i Approval of Layout No. 76 (ALT.), Project No. 6839, Henne in County Page 472 y► 62nd Street Crosstown highway project (Resolution o. 0-27) f —~ /f : 2.' Resolution No. 80-28, directed to Hennepin County regarding funding Page 477 for 62nd Crosstown project 3. Approval of plans and'specs. and order bids for improvements on Page 480 Valley View Road west of Co. Rd. 4, including grading at Round Lake Park, I.C. 51-325A (Resolution No. 80-29) TPagev , '")CL 4. Approval of Layout No. 1, Hennepin County Project No. 7928 for 482 traffic signal and intersection improvements at CSAH 4 and Valley View Road g(Resolution No. 80-30) 5. Selection of Engineering Consultant for Water Plant expansion Page 486 // F. Report of Finance Director f 1. Municipal Industrial Development Bond Guidelines (continued frau Page 490 January 8, 1980) 2. Tax Increment financing (continued from January 8, 1980) Page.492 3. Clerk's License List Page 495 XII. NEW BUSINESS XIII. ADJOURNMENT. • 1 • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL_ TUESDAY, JANUARY 22, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Director of Community Services Bob Lambert; Planning Director Chris Enger; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel • PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Osterholt requested that the following items be added under the "New Business" category (VIII.), A. Discussion on letter received from Fritz Anderson, and B. Minnesota Vikings interest it locating in Eden Prairie. MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 8, 1980 Pg. 7, delete 2nd para., and insert in lieu thereof the following: "MOTION: Redpath moved, seconded by Pauly, to direct Staff to send a letter to the Fish and Wildlife Services indicating that the Council would be interested in having the bluff portion of the Peterson farm preserved as open space, and the Council would also be interested in knowing what their plans are before a specific position is taken by the Council. Redpath, Pauly, Osterholt and Penzel voted aye; Edstrom abstained. Motion carried." • MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the Council meeting held Tuesday, January 8, 1980, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Reqtlost for extension of developer's agreement for Master's Condominiums for 1 year This item was removed from the Consent Calendar and continued to the February 5, 1980 City Council meeting B. Set Public Hearing for Opus Plaza Office Building for February 19, 1980 C. Final plat approval for Shady Oak Industrial Park 3rd Addition (Resolution No. 80-19) 0. Final plat approval for Shady Oak Industrial Park 5th Addition (Resolution No. 80-20) 32 City Council Minutes - 2 - Tues.,January 22, 1980 E. Clerk's License List "Lion's Tap" mechanical amusement device was reproved from the License List and Staff was directed to investigate the type of mechanical amusement device which is being used. A report on this to be provided to the Council at the February 5th Council meeting. MOTION: Redpath moved, seconded by Pauly, to approve items B - E (excluding . Lion's Tap mechanical amusement device from the Clerk's License List until Staff has reported back to the Council on same). Motion carried unanimously. IV. PAYMENT OF CLAIMS NOS. 6956 - 7162 ' MOTION: Redpath moved, seconded by Osterholt, to approve Payment of Claims Nos. 6956 - 7162. Roll Call Vote: Redpath, Osterholt, Edstrom and Penzel voted "aye"; Pauly "abstained". Motion carried. V. PUBLIC HEARINGS A. Creekview Estates by Heinen & Burnett. Request to rezone from Rural to R1-13.5 and preliminary plat 25.5 acres into 29 single family lots. Located at 9840 and 9940 Bennett Pace (Ordinance No. /9-39 and Resolution No. 79-197) Continued from December 4, 1979 City Manager Ulstad explained Mr. Heinen and Mr. Burnett, the proponents, appeared before the Council the first time on November 6, 1979 and outlined ( their proposal. As a result of that presentation and discussion there was concern on the access to the plat And the improvement of right-of-way leading north and south fronting on Mr. Heinen and Mr. Burnett's property, and also the improvement across Mr. Sutton's property. There was a question about that improvement and how it was going to be funded. Ulstad stated City Engineer Jullie and he have visited with the proponents on this. City Engineer Jullie stated he did look at preliminary type cost estimates for the utility (sewer and water, storm sewer and street improvements) that would be required along Bennett Place from County Road 1 south to Blossom Road. Jullie worked up a breakdown on what the potential assessments against the abutting property owners would be and set up a meeting thereafter with Mr. Heinen and Mr. Burnett. Mr. Sutton was also invited to attend this • meeting but he was unable to come to the meeting. At that time Jullie explained to the proponents the various cost elements, adding the per front foot rates are substantial and the assessments that would accrue to th, abutting properties are rather high. Jullie asked the proponents to look at the benefits to their parcels and to determine if there was any possibility th.m they could come to some agreement with Mr. Sutton to have these tmprovewnts acceptable, the right-of-way dedicated, and the assessment program tree.,nie to Mr. Sutton and possibly to Mr. Blossom. Mr. Burnett, 9940 Bennett Place, commented he went over the cost ("Aimltec with Mr. Sutton provided by Mr. Jullie and have some agreement as t,o the tact that there is benefit to both Sutton's property and the development that is being proposed. Burnett added there is some question in Mr. Sutton's mind as to the cost estimates as it is a rather expensive program. Subject to a more precise estimate, Burnett stated he believes there is something that can be worked out with Mr. Sutton. Mr. Heinen, 9840 Bennett Place, referred to letter he received from Mr. Hold who is the Planning Engineer for the Department of Transportation of Hennepin County, which read as follows: "Hennepin County strongly supports the comple- R•'a City Council Minutes - 3 - Tues.,January 22, 1980 A. Creekview Estates (continued) ' • tion of Bennett Place south of CSAH 1. The new southerly access must be directly opposite the northerly Bennett Place intersection which as you know was just put in with the Olympic Hills Addition. Upon completion of Bennett Place from the south, we recommend closing the Blossom Road access to CSAH 1. The skew angle of intersection plus the poor sight distances make the existing CSAH 1/Blossom Road intersection unsafe." Osterholt asked the amount of the improvement. Jullie replied there would be a range depending on how much fill material • is available on the site, and he has made some assumptions that it would be available. The cost would be about $170,000.00 from County Road 1 all the way down to Blossom Road. It would be possible to shorten the length up just carrying it down to where the new street connection for the proposed development would be, which would cut off 100 - 150 feet or so. The front foot rate would still be approximately the same - $120.00-$125.00 per foot on each side. Penzel asked Mr. Heinen & Mr. Burnett how they would feel about the commit- ment being a little firmer toward the distribution of road cost assessments for Bennett Place prior to the 2nd Reading of Ordinance No. 79-39. Both Heinen and Burnett acknowledged that would be acceptable. Osterholt questioned if there is any property where we would have to enter into condemnation. Jullie rpelied there would be acquisition of right-of-way necessary to make the improvements and if it were the case the Blossoms could not be contacted, then we would have to enter into some sort of formal taking procedure. • • MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing. and give a 1st Reading to Ordinance No. 79-39, rezoning from Rural to R1-13.5 for Creekview Estates by Heinen and Burnett. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-197, approving the preliminary plat of 25.5 acres into 29 single family lots for Creekview Estates by Heinen and Burnett. Motion carried unanimously. • MOTION: Osterholt moved, seconded by Edstrom, to direct staff to draft a developer's agreement incorporating the recommendations of the Staff and Commissions, and resolution of the assessments before a 2nd Reading of Ordinance No. 79-39 can be considered. Motion carried unanimously. B. COR Investments Office & Multiple by COR Investments, Inc. Request to rezone 2.6 acres from Planned Study to Office and 1.4 acres from Planned Study to • RM 2.5. Located south of TH 5 and West of Superamerica Station (Ordinance No. 30-01) Bruce Knutson, Knutson Architects, reviewed the proposal with the Council and displayed graphics of same. Planning Director Enger explained this proposal was first considered at the October 22, 1979 Planning Commission meeting and was returned to the proponent for revision. The initial proposal was for a 48,000 square foot office building. The revised proposal was reviewed by the Planning Commission on December 12, 1979 and the Commission recommended approval to the City Council of the PUD stage, which would include zoning of 2.87 acres from Planned Study to Office District and 1.38 acres from PS to RM 2.5 for elderly housing, incorporating the recomendations of the Staff Report dated December 6, 1979, z/ • r City Council Minutes - 4 - Tues.,January 22, 1980 • B. COR Investments Office & Multiple by COR Investments, Inc. (continued) and provided that a feasibility study be done on the need for garages for ( the elderly housing, and provided that the proponent understands that he may be rrquired to aid in the improvements of TH 5 and County Road 4. • • Director of Community Services Lambert added the Parks, Recreation & Natural Resources Commission recommended approval to the City Council on January 7, 1980 as per the Planning and Community Services Staff reports, with the exception that the cash park fee not be waived and should be set at $100/unit and allocated to the Senior Citizen Center at Staring Lake. Edstrom asked if there has been additional discussion through the County on the access to Highway 5. Enger replied in the negative. • Edstrom.then asked what the posture would be from a planning standpoint if the State and County would not permit an access. Enger replied from a planning standpoint he feels the right-in/right-out is an advantage to the project and helps distribute peak hour flow going to the east between County Road 4 and TH 5. Without a right-in/right-out all the peak hour traffic which flows toward the east must go out on to County Road 4. Along with that Enger stated he believes the peak hour traffic coming from the west in the morning has the advantage of using a right-in and not having to interact with the intersection at all. However, Enger commented he would like to talk to the Mn/DOT about what they feel the problems might be. Osterholt referred to statement in letter from the Mn/DOT dated November 7, • 1979: "We assume there will be no direct access to TH 5." Enger replied he is in a quandary as to why that statement was placed in their letter because two years ago when they reviewed the entire COR PUD there was at one time a full access anticipated from the duplex cul-de-sac to Highway 5. Mn/DOT at that time was willing to approve a full access. Enger further added from a planning standpoint he felt it would not be advisable to have a full access. Osterholt commented in light of the letter from the Highway Department, he would have felt more comfortable when we received the letter if we would have gone back to them and pointed out what they assumed was not correct, so we would have some opinion from them. Osterholt asked that a response from the Highway Department be requested at this time. Osterholt suggested before a four-story building goes up on the property that somehow prospective owners should be made aware that is what is t'eir., pi.r•r'.ed, preferably by placing signage at the entrance to the development. Edstrom explained the City has set a policy with respect to wanting elderly housing at this site. In reading the materials Edstrom stated he h•r. •, , doubt as to whether it is feasible as it seems like the financing arrangements, etc., are anything but positive at this point. If we are lookinn at •ui elderly proposal here, Edstrom asked how do we know in fact it is uoinn to happen and we are not going.to be presented a year from r.ow with for an additional high volume traffic professional building because it is the only thing feasible. Oliver Rekow, a partner in COR Investments, Inc., replied financing of most types is difficult, and several of the programs which have been designed to provide financing for housing for the elderly are basically stopped up because of the situation with the House Ways and Means Committee and the so-called Alman Bill. All one can be hopeful of is that some of the beneficial legislation that would make housing for the elderly somewhat economic will get some • City Council Minutes - 5 - Tues.,January 22, 1980 B. COR Investments Office & Multiple (continued) movement. There are some ways of financing housing for the elderly not as financially economic or rewarding to the entrepreneur as other plans. Mr. Rekow added it would be inappropriate for him to say that they would not be back at another time asking for some other type of zoning. They have the best of intentions and want very much to proceed with housing for the elderly and have worked with the City Planner and the City Manager, and are very much aware of Eden Prairie's desire to have housing for the elderly. They are going to make every effort to follow through in accordance with the zoning • as requested. Pauly inquired what would happen if for some reason the elderly didn't fill the units - what becomes of the project? Mr. Rekow stated the proponents would be guided in their thinking by what seems to be the sentiment that has been expressed by the Council about not wanting nothing further on the property that would create more traffic. They would probably have to look at some other form of housing for the elderly site. Osterholt stated he would like the traffic situation resolved before any action is taken on this proposal. Edstrom added we should receive responses from both the County and the State. MOTION: Osterholt moved, seconded by Edstrom, to continue the COR Investments Public Hearing to the February 5, 1980 Council meeting. Motion carried unanimously. C. Michelangelo Gardens by Rembrandt Enterprises. Request to rezone 36 acres_ ry from Rural to MM 2.5, prelimina plat approvals for 7 lots, and approval of an Environmental Assessment Worksheet. Located east of 169/212 and south of Hansen Auto (Ordinance No. 80-02 - rezoning; Resolution No. 80-13 - preliminary plat; and Resolution No. 80-16 - E.A.W.) Greg A. du'Monceaux, architect and planner representing Rembrandt Enterprises, reviewed the proposal with the Council displaying graphics and a model of the !{ project. Planning Oirector Enger explained the first phase of this project was the PU0 Concept Plan which was approved by the Council late in the Fall of 1979. The project before the Council now is a request for rezoning and preliminary platting of outlots. The item was reviewed at the 9/10, 9/24, 11/13, 11/26 and 12/10 Planning Connnission meetings. The Conmrissions reconnnonded approval to the City Council on a 7 - 0 vote that the Council consider approval of the Rembrandt Enterprises request to rezone Clocks 1 and 3 and Lots 1 and 2 of Block 2 per the recommendations of the Staff Report dated 12/6/79. provided that Outlots A and B, and Lot 3, Block 2, not be included at this time, and also the motion for preliminary platting was approved 7 - 0 subject to the Staff Report dated December 6, 1979. Director of Community Services Lambert added the Parks, Recreation S Natural Resources Commission reconusonded approval to the City Count it ;n:.+r;i: . .: I. on January 7, 1980 as per the Planning Commission Staff Report dated 12/6/79 with the following exceptions: 2. The Cash Park Fee applicable at the time of the building permit shall be paid, and the Nine Mile Creek Floodplain shall be dedicated to the City, and 7. The western portion of the site should be developed prior to phase two. 310 2 • City Council Minutes - 6 - Tues.,January 22, 1980 C, Michelangelo Gardens (continued) MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and ( give a 1st Reading to Ordinance No. 80-02, rezoning 36 acres from Rural to RM 2.5 for Michelangelo Gardens by Rembrandt Enterprises. Motion carried unanimously. MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 80-13, approving the preliminary plat for Michelangelo Gardens. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 80-16, finding the Enviromental Assessment Worksheet.for Michelangelo Gardens a private action does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to direct Staff to draft a developer's agreement incorporating the recommendations of the Commissions and Staff. Motion carried unanimously. D. Olymp c Hills 6th Addition by The Preserve and Olympic Hills Corporation. Request to rezone approximately_ 111 acres from Rural to R1-13.5, preliminary plat 84 single family lots, and approval of an Environmental Assessment Worksheet. Located east ot-Sunnybrook Road and west of Mount Curve. ordinance No. 80-03 - rezoning; Resolution No. 80-14 - preliminary plat; and Resolution No. 80-15 - E.A.W.) j Don Ringrose, Bather, Ringrose, Jarvis, Gardner, Inc., representing The ( Preserve and Olympic Hills Corporation, •spoke to the proposal and displayed graphics depicting the project. Mr. Ringrose conbnented to the main concerns expressed by the Council previously: 1) the fact that the lots could be larger which the proponents have addressed in two ways. In The Preserve section they had some lots with widths of 90 feet or so, they have now dropped out three lots in that area and have simply expanded the remaining lots to take up the width that was created and now they have lots that are on the average of 100 feet in width in that general vicinity. In the other area they have expanded the lots lengthwise so the lots extend out into the area which is also identified as fairway for the golf club. The deed for title for this property which is under the easement area will go to the individual homeowners; however, those lots would be subject to an easement which would allow the golf course to utilize the property for golf club purposes. If in the event that property is no longer needed for golf club purposes, then those people still have fee to the full extent of their lot and nothing further r•:euld h,i;Ten to them. 2) The more fundamental issue was "is this the beginning of the end for the golf club". Mr. Ringrose stated it is the intention of the golf club to not subdivide the entire golf club into single family lots or any other use. The proposal that addresses that issue consists of first a corviitr,00t in what- ever legal form is appropriate based on the attorneys involved, that in effect this is the last development that will occur within the notf (luh. If in the event that the golf club fails and the property in effect hoc to he sold for whatever reason, there would be an agreement enteriJ into ! .1. the City and the golf club that the City would have right of first refusal, and • in that fashion by acquiring the property could forever preserve it as open space or, if the City so deemed, a public golf course. The right of first refusal would be put in a legal format subject to the City Attorney's approval and Council such that it would transfer to subsequent owners. The obligation of the right of first refusal would transfer with the land to the new owner or any subsequent owner after that. If after fifty years from now after the third or fourth owner it is deemed that it is no longer feasible for it to 3(03 City Council Minutes - 7 - Tues.,January 22, 1980 0. Olympic Hills 6th Addition (continued) to remain and be operated as a golf club, before it can be sold to anybody ( else the City again would have the right of first refusal. Mr. Ringrose further added the developers and the City Attorney have also for the last two or three months been reviewing some conditions relating to the 1st through 5th Addition of Olympic Hills where there was some confusion as to what should have been done. The golf club has responded to the attorney on every item in addition to committing to no future development on the site. The proponents have also agreed to all of the conditions and suggestions that Staff made in the prior presentation such as one that no development will occur until some sort of surfaced permanent roadway is available on the westerly end. Planning Director Enger explained this item was reviewed at the 12/10/79 Planning Commission meeting and the Commission recommended on a 6 - 1 vote that the City consider approval of the rezoning and preliminary plat subject to the conditions outlined in the December 5, 1979 Staff Report. Director of Community Services Lambert added the Parks, Recreation & Natural Resources Commission reviewed this proposal on December 17, 1979, and recommended the Council consider approval as per the Planning Staff Report with the following change: that the Neill Lake Dike be dedicated for a pedestrian system at the time of final plat approval, and that The Preserve • provide any additional trail easement required to connect this dike trial to the existing trails in The Preserve. Penzel asked if the proponents would be.willing to sign an agreement permitting acquisition of the golf course by the City for what it is on the tax roles for? Larry Peterson, representing The Preserve, replied he believed that would be agreeable. • Redpath asked if the proponents would be agreeable to making sure the final holes are playable before any construction starts. Mr. Ringrose explained they have discussed this and the sequence would be to develop the three new holes, get them fully playable before abandoning the existing holes, which in effect says the development of the lots themselves would probably be at best in 1981. Osterholt suggested that all the homesites in the proposed development be assessed the cash park fee and asked if the developer would be amendable to that: Mr. Peterson replied in the affirmative. Osterholt added there are some points concerning work not completed by They Preserve as addressed in the letter from City Attorney Pauly, and asked if the developer is willing to complete those items. Mr. Ringrose replied it is his understanding that the developer and Olympic Hills concurs and would •.nn•, .t as a condition of approval prior to the acceptance of final plat. completion of those items which are listed and if for some reason they can't bc co:Tlotod physically, through the weather or something else, there would he a perfornunce bond or some other legal document to insure their City Attorney Pauly added that would be acceptable. Mr. Ringrose stated the proponents would be willing to build the pathway if the City saw fit to make that a condition of the approval. • Osterholt asked Mr. Mike Adams, Olympic Hills Corporation, if he understands and is willing to make the commitment to give the City right of first refusal on the golf course based on the assessed valuation. Mr. Adams replied in keeping what they are trying to accomplish they would agree to that condition. The price is not relevant as they do not intend to sell the golf course, 464 City Council Minutes - 8 - Tues.,January 22, 1980 D. Olympic Hills 6th Addition (continued) Mr. Jones, 9416 Clubhouse Road, asked what consideration has been given for assuring completion of items. Penzel replied one of the things the Council is attemting to do is tie down all of the loose ends as far as the previous phases of the development are concerned and we will have an ironclad commitment that those things will be taken care of prior to work on this particular addition. Also there should be intersection improvements at Co. Rd. 18 and Anderson Lakes Parkway this year with signalization. Mr. Jones further questioned if the lots proposed, without the easements, would meet the requirements of the zoning ordinance. Penzel replied the Council has been assured by Staff and the proponents that they will be in conformance with the requirements of the zoning ordinance and will not be undersized lots. Don Hadd, 9805 Garrison Way, stated one of the things he is concerned about in The Preserve is the build up and loss of open spaces. If Olympic Hills can do what they say and preserve the integrity of the golf course and keep it at that nature, that is fine, and if they can be assured that no more building will be allowed that is also fine. Would like to be assured the golf course will be kept as open space. Mrs. Jones, 9416 Clubhouse Road, asked what will happen to the run-off when the upper hill is turned into houses as they had water within 10 feet of their back door during the heavy rain last year. Mr. Ringrose replied the net effect will be positive. Everyting that is high and comes down to the street will tie intercepted by the street and there will be storm sewers in the street which will take the water permanently down to a ponding area. Also the proponents would prefer whenever possible to struc- ture the front yards of the houses higher than the street from an aesthetic standpoint so portions of the north side will also drain into the street. Jullie added that the engineering staff can take a look at the grades and elevations and will verify there is an overland overflow route that would be at a lower elevation than the elevation of the homesites. • MOTION: Pauly moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 80-03, rezoning Olympic Hills 6th Addition by The Preserve and Olympic Hills Corporation from Rural to R1-13.5. Motion carried unanimously. City Attorney Pauly asked Mr. Adams if he could see any problems with the lenders as to the commitments which he has made this evening. Mr. Adams replied he could not imagine any problems. City Attorney Pauly asked that it he made part of the record that the offer for the granting of the right of first refusal did originate with Olympic Hills Corporation, and not at the suggestion of the City, a< outliiie,i in Mr. Adams letter of November 14, 1979. MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-14, approving the preliminary plat for Olympic Hills 6th Addition. Motion carried unanimously. MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 80-15, finding the Environmental Assessment Worksheet for Olympic Hills 6th Addition a private action does not require an Environmental Impact Statement. Motion carried unanimously, 9AL • City Council Minutes - 9 - Tues.,January 22, 1980 D. Olympic Hills 6th Addition (continued) MOTION: Osterholt moved, seconded by Redpath, to direct staff to draft ( a developer's agreement addressing the concerns expressed by Staff and requirements by the Planning Commission and the Parks, Recreation F. Natural Resources Commission, that construction not conmience until points in City Attorney Pauly's letter have been satisfactory completed or bonding or legal documents received, cash park fee to he received on all lots, acceptance of the proponent's offer of right of first refusal at the assessed value at the time of sale to the City, completion of the golf course before construction of any homes, and also that the sidewalk be put in by the developer. Motion carried unanimously. E. Reinstating Planned Study Properties around Co. Rd. 4 and T.H. 5 back into Planned Study Ordinance No. 80-04) Penzel requested that staff check to make sure the parcel rezoned for Stewart Sandwiches is not included in this Public Hearing. City Planner Enger stated he would make sure the Stewart Sandwiches parcel is not included before the 2nd Reading of the ordinance is held. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 80-04, reinstating Planned Study properties around Co. Rd. 4 and T.H. 5 back into Planned Study. Motion carried unanimously. F. Request for Municipal lndustiial Develo_pment Bond approval for Einess,_ Norderhus and Anderson project (Eden Prairie Professional Building) in the ( amount of T700,000.00 (Resolution ito. 80-23) Lance Norderhus, one of the principals making the request, spoke to the request for Municipal Industrial Development Bond approval as outlined in application submitted to the Council. iorderhus gave 3 reasons for the. request: 1) current market conditions, 2) a professional building would provide services to fill needs in the community and should encourage employment, and 3) in the course of developing the professional building it will benefit the elderly. City Attorney Pauly distributed a substitute resolution for-Council's consideration. Edstrom commented that the original resolution was woefully inadequate and he has not had a chance to review the substitute resolution other than finding it is different from the resolution for Tekcom Properties prepared by the same bond counsel. City Attorney Pauly explained when the original resolution was sent to Mr. Frane it was indicated that it had gone to his law office, however, for some reason they did not receive a copy. in reviewing the material in the last couple of days Pauly's office noted it, and contacted the bond counsel whereupon the submittee re•.ola ti,m was drafted with the bond counsel's consent. MOTION: Osterholt moved, seconded by Edstron., to close the Public Hearing and adopt Resolution No. 51-23, approving the request fer i':wiri; '; Development Bond approval for Einess, Norderhus and Anderson project (Eden Prairie Professional Building) in the amount of $700,000.00. Motion carried unanimously. 3(at/ • • City Council Minutes - 10 - Tues.,January 22, 1980 G. Request for Municipal Industrial Development Bond approval for Tekcom Properties in the amount of—$1,250,000.00 (Resolution No. 80-21) Robert J. Ve;aas, Project Coordinator for Anderson Development, explained they are attempting to help one of the local firms, Tekcom Properties, to become established in their Shady Oak Industrial Park. Mr, Vesaas introduced the two partners in the venture: Ron Schwinkendorf, President and Chief Executive Officer of Tekcom Properties, and his associate, John G. Mutschler, Partner and Counsel for Tekcom Properties. • Both Mr. Mutschler and Mr. Schwinkendorf spoke to their request as outlined in application submitted to the Council. • Mr. Fredrickson, Miller & Schroeder, responded to a question raised by Osterholt as to where the other financing will be coming from as the project is listed for $1,978,000, and the proponents are asking for Municipal Industrial Development Bonds in the amount of $1,250,000. Mr. Fredrickson commented it is his understanding that the correct estimated cost is $1,900,000 and some of that is a soft number as they are not sure how much office space is going to be completed with the structure. The remainder of the financing will come from Owner Equity. Osterholt asked what financial arrangements will have to be made on the ownership. Finance Director Frane replied he understands there is going to be a 50-50 partnership between Mr. Schwinkendorf and Mr. Mutschler. Penzel asked if there were any other:cornnitted to rental. Mr. Mutschler responded not at this time. Finance Director Frane explained in situations of this nature it is his under- standing in order to receive final approval of the lender they will have to have a high percentage of the property leased out. Mr. Fredrickson added usually a break even for it to pay occupancy costs and debt service on the mortgage is about 70%. Penzel questioned if the terms of the lease have to coincide with the length of the mortgage. Mr. Fredrickson replied if they were doing a public bond issue conceivably they would request that they have firm leases that coincide with the length of the bonds. This is a typical general purpose kind of property and the typical length of lease is 3 - 5 years and that is perfectly acceptable to bond buyers because they understand that as leases expire and are renewed generally they have been at higher rental rates. So it is to every- one's advantage, kind of the opposite of what it was a few years ago, to keep leases relatively short term so the rents can be escalated as inflation continues. Edstrom commented the lack of substantial present leases of the facility troubles him as the Council has turned down proposals in the past that were even stronger than this one in terms of where it stands at this time. • Penzel stated he has substantial concern regarding what appears to be a rather speculative nature of the proposal which is the unieased portion. The propo- nents might be wiser to firm up their position regarding the use of the proposed structure. While it is true there is no financial obligation on the part of the City to defer any short fall in the repayment of these bonds, the City's good name is attached to that. The Council, Penzel commented, has the responsibility towards the maintenance of that good name, financially as well as otherwise. For that reason Penzel stated he would be unable to support the application. 3(,'1 1 City Council Minutes - II - Tues.,January 22, 1980 G. MIDB's for Tekcom Properties (continued) Tom Lohmann, Dain Bosworth, Inc., explained in the case of a spec building, ( investment real estate, or multi-tenant building, in a great majority of cases the Council will find that no one will sign a firm lease prior to the actual construction beginning on the project. They can give letters of intent to lease, but very infrequently, unless the tenant is also an occupant of the building, do you see a firm lease in advance of the construction of the project. Mr. Vesaas stated he supports Mr. Lohmann's comments. Penzei felt even a commitment or letter of intent would be helpful over the total speculative approach. The proponents requested a continuance of this item to the February 19th Council meeting. MOTION: Redpath moved, seconded by Edstrom, to continue the Public Hearing for the request of Tekcom Properties for Municipal Industrial Development Bond approval to the February 19, 1980 Council meeting. Motion carried unanimously. Edstrom suggested the proponents talk to Finance Director Franc in the interiam as Mr. Franc knows the varying views of the Council members regarding MIDB's. H. Request for Municipai Industrial Development Bond approval for S.K.S. Properties in the amount of $1,000,000.00(Resolution No. 80-22) Tom Lohmann, Dain Bosworth, Inc., representing the proponents, summarized the application as submitted to the Council. S:K.S. Properties is an investment partnership made up of three individuals: I) Robert Strachota, 2) Terrence Kingston, and 3) Peter Sontag. Lohmann stated there is a cause for the City to strongly consider tax exempt financing for this type of project. It is • important to recognize that a lot of smaller businesses are unable to afford to build their own building and thus cannot take advantage of tax exempt financing. In Mr. Lohmann's opinion it is very important the City consider the smaller businesses along with the larger companies that occupy buildings within Eden Prairie. When considering this resolution Mr. Lohmann stated the Council ought to consider that the lending institution that will be purchasing this loan will take necessary precautions to protect their interests, Further if the Council is concerned about the ability to generate leases, it is important to consider the amount of vacant space in the community at this time for the small user who has a need for approximately 3 0.S office space and the balance warehouse space. The vacancy rate is extremely small and that is one of the reasons (.11.. Lohu,arm has undertaken this project. Mr. Lohmann added sophisticated investors will be buying this particular investment. In this particular case National Farmers Union & Casualty Company has been named the buyer, which is a large financial institution. They have visited the site and have looked over the plans and specs. It appears from the initial analysis that this particular project fits their needs. The permanent funding will not take place until breakeven plus 10, net income has been aLhieved, so there are a number of ways in which to cover this type of risk in the debt instrument. Peter Sontag stated he realizes the key concern in such a project for the Council is the ability to lease the space and they have engaged a firm to help them do this. Thus far they have had several very interested parties, i.e., a bakery which may take 50% of the space, a food distributing corporation, and another product manufacturing company. There seems to be adequate demand for this type of building. • City Council Minutes - 12 - Tues.,January 22, 1980 H. MIOB's for S.K.S. Properties (continued) Osterholt questioned if the proponents would be leasing the building at market ( rates or less than market rates? Mr. Lohmann replied the market hears out what the rental will be and it will be at market rental rates. With conventional financing the rates would be higher than market rental rates, which would thus not justify the project. Mr. Sontag added there is no plan on their part to go to the high rents as there is no need for it. Sontag asked the Council to convey to them what conditions would be necessary to gain approval of HIDB's for their project. Penzel suggested the proponents discuss the feelings previously expressed by Council members at other meetings with Finance Director Frane, as Mr. Frane is well•aware where various Council members stand regarding the minimal standards the Council would expect. Mr. Sontag requested a continuance of this item to the February 19, 1980 Council • meeting. Osterholt asked what the proponents would hope to accomplish during that time period. Mr. Sontag replied they hope to obtain letters of intent from various parties interested in locating in the building, and hopefully leases. MOTION: Osterholt moved, seconded by Pauly, to continue the Public Hearing for the request of S.K.S. Properties for Municipal Industrial Development Bond approval to the February 19, 1980 Council meeting. Motion carried unanimously. I. Request for Liquor License by Brothers Restaurant, Eden Prairie Center City Manager Ulstad explained the apploicatton has been reviewed by Staff and the Public Safety Department. Fred Burstein one of the owners of the Brothers Restaurant, reviewed the application, distributed a copy of the layout of the restaurant, and gave a brief background on the history of the Brothers Restaurants. Also in attendance in support of the liquor license were: Rich Robey, Manager of the Eden Prairie Center, and Sam and Leonard Burstein, owners of the Brothers Restaurants. Penzel asked the identity of the manager for the restaurant. Fred Burstein explained for purposes of this application, because they cannot start construction until they know the liquor license has been approved, they have designated one of the brothers to be manager. However, they do understand before they can rpen up their restaurant and serve liquor, that any other manager than the brother that has been designated as manager of the restaurant, will have to be aIppron t', the City Council. Captain Wall stated their investigation has been completed and everything found • to be satisfactory. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hear illy arnt continue final approval by the Council of the liquor licence for Prother: Restaurant to the February 5, 1980 Council meeting. Motion carried uiwniau'u..iy. MOTION: Pauly moved, seconded by Osterholt, to continue the Council meeting past the • scheduled 11:30 PM adjournment time. Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS No reports. 3t�°► • City Council Minutes - 13 - Tues.,January 22, 1980 VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Mayor Penzel requested that Commission/Board appointments he scheduled for the February 5, 1980 Council meeting, and asked Council members to contact interested parties for purposes of nomination. 2. Councilman Edstrom thanked the Eden Prairie Fire Department and Public Safety Department for their hard work and dedication in the fire at the landfill. B. Report of City Attorney 1. Resolution No. BO-11, authorizing_participation in the Suburban Police Recruitment System (continued from January B, 1980) City Manager Ulstad requested the Council not take action on this particular request, allowing staff a few months to see how this operation and application of available personnel is working out. MOTION: Pauly moved, seconded by Edstrom, to return Resolution No. BO-11 to staff as per the City Manager's request. Motion carried unanimously. 2. Outdoor Advertising_Signs City Attorney Pauly gave background information on the sign ordinance and reviewed the history of the Naegele signs and legal aspects concerning their location. C. Report of City Manager • 1. Request for occupancy permit for the Fairview Southdale Detox and Receiving Center to be located at 9927 Valley View Road Mayor Penzel explained he has had contact with the South Hennepin Human Services Council who have reviewed this request and recommended approval to the City Council. Penzel also stated he has had contact • with the nearest neighbor, Mr. Beaman, who said he and Hilger's (other neighbor) were given a very courteous and professional presentation on the proposed use and felt the proponents were amenable to giving them what was a necessary safeguard - that being an early warning in case someone gets out of hand. Mr. Bearman was satisfied with that conniit- ment and felt it was a good location for this use and supports its operation. Penzel added he asked City Manager Ulstad to check into the function of the Chanhassen Center ac to any problems the City of Chanhassen may have had as a result of this facility. Ulstad responded h,• wa:. not able to talk to the administrator; however, it is his understanding in reviewing with our Public Safety Department and Hennepin County that the reason for changing the location is one of economics. Whereas the County has been supporting this program on their own in the past, the present proposal is for private enterprise, i.e., Fairview Hospital, to operate these facilities and they feel they can provide three of these facilities for the same as the one that is being operated in Chanhassen. Another reason is they want to locate it in the County and closer to the users. 3'10 • City Council Minutes - 14 - Tues.,January 22, 1980 • 1. Reguestfor occuLancy_permit fdr the Fairview Southdale Detox and Receiving Center to be located at 9927 Valley View Road (continued) Kirby Erickson, Administrator for Fairview-South Hospital, referred to his communication dated January 14, 1980, and offered to answer any questions the Council members may have. Mr. Erickson introduced Allen Nohre, Director of Human Services, who will he administering the proposed project, Bob Rowland, Director of the detox program in Dakota County and a consultant for the proponents, and George Bergman, professional engineer who will be working on the architectural design of the project. Mr. Erickson responded to a question raised by Osterholt regarding food • services. They do propose to cater food from'Fairview-Southdale to the site but it will not be prepared on the site. MOTION: Redpath moved, seconded by Edstrom, to approve the request for an occupancy permit for the Fairview-Southdale Detox and Receiving Center to be located at 9927 Valley View Road. Motion carried unanimously. D. Report of Director of Community Services 1. Letter from Elliot Perovich, Chairman of the Metropolitan Parks & Open Space Commission, regarding Anderson Lakes Park Director of Community Services Lambert reviewed his memo with the Council, stating the Anderson Lakes Joint Master Plan is not a joint master plan any more if the Council approves the proposal in the letter from Mr. Perovich dated January 11, 1980. • Osterholt questioned what Eden Prairie funds were involved. Lambert replied he has been working on that question for about two months and figures seem to indicate it to be approximately $100,000.00; however, he has not finished reviewing the past two months. Osterholt stated until the figures are complete he would like to reserve any action on this item. Edstrom asked if the Parks, Recreation & Natural Resources Commission had taken any action on this item. Lambert explained the Omission reviewed this item on January 21st and on a 4 in favor and 1 opposed vote,. recommended approval to the Council with a couple of contingencies: 1) if we are going to get reimbursement they would like to see us try to get the money plus interest; and 2) they wanted to see Hennepin County commit to keeping Bryant Lake open if they take it over. Council continued this item to the February 5, 1980 Council meeting and requested figures on how much Eden Prairie taxpayers have invested in the Anderson Lakes/Bryant Lake facilities to-date. Osterholt also requested figures from Finance Director Franc on the tax 1.c to the couumunity. 2. tletrgpolitan Airports Commission lease for Flying Cloud balltield e;y_im.i n Osterholt felt the money should be spent on ballfields at a location where there is a larger population, and also where lights would be allowed. MOTION: Redpath moved, seconded by Edstrom, to refer this item to Staff and the City Attorney for review and recommendation, to be considered at the February 5, 1980 Council meeting. Motion carried unanimously. 311 City Council Minutes - 15 - Tues.,January 22, 1980 3. Request to remove park building at Round Lake Park MOTION: Osterholt moved, seconded by Redpath, to approve the Staff recommendation to remove the park building at Round Lake Park. Motion carried unanimously. 4. Acceptance of deed from the Metropolitan Park Foundation MOTION: Osterholt moved, seconded by Redpath, to accept the Quit Claim Deed from the Metropolitan Park Foundation giving the City of Eden Prairie two pieces of property along Purgatory Creek as per Staff recommendation. Motion carried unanimously. • E. Report of Finance Director 1. Request for Final approval for Munici al Industrial Development Bonds for Ryan Construction Company in the amount o 2,400,000.00 Reso utio Nn o • 80-18) MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 80-18, approving the request for final approval for Municipal Industrial Development Bonds for Ryan Construction Company in the amount of $2,400,000.00. Redpath, Edstrom and Pauly voted "aye", Osterholt and Penzel voted "nay". Motion carried. VIII.NEW BUSINESS A. Oiscussion on letter received from Fritz Anderson Osterholt referred to letter he received from Fritz Anderson Mr. Andercon has approximately 6 acres of property and his trees were tagged and he contracted to have the trees hauled out which cost him around $2,000. Under our subsidy program he is supposed to get $1,000, and he ended up getting $352.00 because in the middle of the program the rules were changed. All Mr. Anderson is requesting is that he get what was originally thought to be agreed to. Council members concurred with Mr. Anderson's request and that he submit a claim to be paid by the City. B. Minnesota Vikings interest in locating in Eden Prairie • Osterholt requested that a letter be drafted to the Minnesota Vikings encouraging their development in Eden Prairie. IX.ADJOURNMENT MOTION: Redpath moved, seconded by Pauly, to adjourn the Council meeting at 12:35 AM. Motion carried unanimously. �g p� p, � RAUE1P!HORST CORP©RATIO6ll i f DESIGNERS•BUR.DEES•DEVELOPERS/MINNEAPOLIS•CHICAGO•MILWAUKEE'�' ` January 30, 1980 Mr. Rodger Ulstad City Manager 8950 Eden Prairie Road Eden Prairie, MN 55343 Re: Opus Plaza Office Building Dear Mr. Ulstad: Please request that the City Council continue consideration of our rezoning application for the Opus Plaza Office Building from February 16 to March 4, 1980. Thank you. Best regards,' 1 el Ai L. 074!A • LCL L't�{: Robert A. Worthington, AICP Director Planning f, Governmental Affairs • RAW/mj s EAECUTWE OFFICES 2'OII NORTNTTES1ERN FRIANCIAL CENTER.NOR■ERMTE AVENUE SOUTH.MINNEASTOOS.3NNNESOTA$M314101 'I ( MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: January 30, 1980 SUBJECT: Signal Agreement No. 59743M The attached Agreement and Resolution, prepared by MN/DOT, cover the installation and maintenance responsibilities for,the new traffic signals on T.H. 169 at Co. Rd. 1 and at the Vo-Tech entrance. The installations are now complete and MN/DOT is proceeding with plans for the permanent signals for these locations which are now scheduled for letting in October, 1980. Recommend approval of Resolution No. R80-31 apnrovinq Traffic Control Signal Agreement NO. 59743M. �_ • ' CJJ:kh Attachment ,,7y Feb. 5, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R8O-31 • • TRAFFIC SIGNAL AGREEMENT NO. 59743M FOR SIGNALS AT T.H. 169/CO. RD. 1 AND VO-TECH BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota Department of Transportation, for the following purpose, to wit: • To provide temporary traffic control signals on Trunk Highway No. 169 at the North Entrance to the Hennepin County Vocational Technical School and at Hennepin County State Aid Highway No. 1 in accordance with the terms and conditions set forth and contained in Agreement No. 59743M, a copy of which was before the Council. • BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained thereof. • ADOPTED by the Eden Prairie City Council on • Wolfgang H. Pen:el, Mayor• ATTEST: SEAL John D. Frane, Clerk • • • RESOLUTION BE IT RESOLVED that the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Transportation, for the following purposes, to wit: • To provide temporary traffic control signals on Trunk Highway No. 169 at the North Entrance to the Hennepin County Vocational Technical School and at Hennepin County State Aid Highway No. 1 in accordance with the terms and conditions set forth and contained in Agreement No. 59743M a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ( • • CERTIFICATION State of Minnesota • County of Hennepin City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Eden Prairie at a duly authorized • meeting thereof held on the day of 1979, as shown by the minutes of said meeting in my pnssessmon. City Clerk (Seal) , • • MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 59743M • BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF EDEN PRAIRIE, MINNESOTA FOR Installation of a Temporary Traffic Control Signal and Street Lights on Trunk Highway No. 169 at the North Entrance to the Hennepin County Vocational Technical School and at Hennepin County State Aid Highway No. 1 in Eden Prairie, • Minnesota. • S.P. 2744-38 Prepared by Traffic Engineering • • ESTIMATED AMOUNT RECEIVABLE AMOUNT N"i:i'UM .P :) None Ner. '--- - mot__ �7 / • THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of. Transportation, hereinafter referred to as the "State", and the City of Eden Prairie, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the City desires that temporary traffic control signals be installed on Trunk Highway No. 169 at the North- Entrance to the Hennepin County Vocational Technical School and at Hennepin County State Aid Highway No. 1 in the City; and ' WHEREAS, the City and the State will participate in the installation, maintenance and operation of said temporary traffic control signals as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The State shall prepare the necessary plans and specifications and shall assist in the performance of the construction engineering and inspection work and shall provide certain equipment and materials all at the cost and expense of the State. 2. The City shall install traffic control signals and street lights on Trunk Highway No. 169 at the North Entrance to the Hennepin County Vocational Technical School and at Hennepin County State Aid Highway No. 1 in accordance with • the plan and specifications for State Project No. 2744-3s, all at the cost and expense of the City. 5974 3M; • • 31g • • p. 3. The City shall install or cause the installation of an adequate electrical power supply to the service poles including any necessary extensions of power lines, and upon completion of said traffic control signal with street light installations shall provide necessary electrical power for ' their operation at the cost and expense of the City. . 4. Upon completion of the work contemplated herein, the State shall maintain and keep in repair the traffic control signals, except for relamping, cleaning and painting at its cost and expense; and the City shall relamp, clean and paint the signal and shall maintain street lights at the cost and expense of the City. 5. The City indemnifies, saves, and holds harmless ( the State and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of, or by reason of, the performance of any work by the City provided for hereby, and further agrees to defend, without cost or expense to the State, its agents or employees, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of the work to be performed by the City. 59743M -2- • vC�- 9j1 ) • • 6. All timing of all traffic control signals provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 59793M -3- • • • • • • 310 CITY OF EDEN PRAIRIE APPROVED AS TO FORM: • By _ City Attorney Mayor (City Seal) By � "Cit Tanager • STATE OF MINNESOTA • DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION . By District Engineer Assistant Commissioner Field Operations Division Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION: By Assistant Attorney General State of Minnesota • Dated: • • • 59743M • • • -4- February 5, 1980 ;TATE OF MINNESOTA ::ITV OF EDEN PRAIRIE 0U OF IIENNEPIN The following accounts were audited and allowed as follows: /896 VOID OUT CHECK $ (3.98) 7163 AFTON ALPS Ski trip-Rec Dept 63.00 -164 INTERCONTINENTAL PACKAGING CO Wine 163.24 165 ED PHILLIPS & SONS CO. Liquor 318.64 -166 OLD PEORIA COMPANY Liquor 1,147.30 7167 JOHNSON BROTHERS WHOLESALE Liquor 803.18 -168 MINNESOTA DISTILLERS, INC. Liquor 1,009.72 7169 GRIGGS, COOPER & CO., INC. Liquor 2,128.13 7170 HOPKINS POSTMASTER Postage 415.05 7171 HOPKINS POSTMASTER Postage 77.87 '172 MIOWEST WINE COMPANY Wine 727.88 '173 OLO PEORIA COMPANY INC. Liquor 468.55 -174 GRIGGS, COOPER & CO., INC. Wine 10902.71 -175 JOHNSON BROTHERS WHOLESALE Liquor 277.03 176 BUTCH'S BAR SUPPLY Supplies-Liquor store 211.90 "177 KIWI KAI IMPORTS Wine 225.15 '178 ROYAL BUSINESS MACHINES, INC. Calculator ribbons 24.00. 7179 PETTY CASH Postage 9.68 7180 VOID OUT CHECK i 713' VOID OUT CHECK '18. COMMISSIONER OF REVENUE December 1979 Sales & Use Tax 3,615.66 -183 JUOSON FAMILY CENTER Conference-Police Oept 60.00 "184 ARTSIGN Supplies-Connunity Service 66.00 -185 FEDERAL RESERVE BANK Payroll 1-22-80 12,639.58 '186 COMMISSIONER OF REVENUE Payroll 1-22-80 6,373.34 7187 UNITED WAY OF MINNEAPOLIS Payroll January deduction 59.00 ' '188 SUBURBAN NATIONAL BANK January deduction 225.00 4 7189 PERA Payroll 1-22-80 9,187.29 7190 WESTERN LIFE INSURANCE CO. Insurance 101.20 7i91 GROUP HEALTH PLAN, INC ' Insurance 953.76 '192 HMO SERVICE Insurance 954.90 -193 PHYSICIANS HEALTH PLAN Insurance 6,015.02 -194 FRANCIS 0. ANOERSON Tree Subsidy 658.00 -'95 CITY OF EDINA Refund-Utility received in error 10.4' 7196 GERTRUDE L. OAHLBERG Service-Liquor Store 8.7b 197 PETTY CASH Expenses 51.46 7198 SHERI RICHARDSON Service-Liquor Store 49.88 199 FIRE INSTRUCTORS ASSOC. OF MINN Dues-Fire Oept 50.00 7200 METROPOLITAN WASTE CONTROL December 1979 SAC charges 56,380.50 201 STATL TREASURER 4th quarter building permit report 12.943.70 -202 DLD PEORIA COMPANY, INC. Wine 899.3? :03 MIIkd1S1 WINE COMPANY Wine 75.2t` '204 HENNEPIN COUNTY CHIEFS OF POLICE Conference-Police Dept 900.00 7205 GRIGGS, COOPER & CO., INC. Liquor 1,095.14 72P' INTERCONTINENTAL PACKAGING CO. Wine 572.18 721. JOHNSON WINE COMPANY Wine 590.70 7208 ED PHILLIPS & SONS CO. Liquor 2,467.68 7209 TWIN CITY WINE CO. Wine 404.58 7210 KIWI KAI IMPORTS Wine 555.75 7211 BUTCH'S BAR SUPPLIES Supplies-Liquor Store 116.90 • i 'age two j ebruary 5, 1960 i 71( WII.O MOUNTAIN Ski trip-Rec Dept 87.00 :21., A & H WELDING & MFG. CO. Steel Bar-Street dept 8.60 :214 ACME AWNING Tarps-Fire dept 874.20 -215 HELEN ANDERSON Postage 3.62 7216 ARROWHEAD BEARING INC Repair parts-Street dept 27.64 -217 ASTLEFORO EQUIPMENT CO., INC. Equipment repair, bolt & nuts, pump, oil-Street 404.11 721E AWAROS, INC. Trophies-Rec dept 150.36 7219 B & C FLOOR COVERING Tile flooring-Fire Oept 765.00 '220 RONALO BAILEY Refund-Rec Dept 24.00 7221 BAN-CON INC. Refund for building perrgit 987.OB 7222 BRW Service-Lotus View Orive 19.50 7223 JAMES BERGSTROM Expenses 7.23 7224 BERRY 'JEEP', INC. Lights-Street Oept 46.00 7225 BLOOMINGTON LOCKSMITH COMPANY Install latch guards-Fire Dept 109.80 '226 BOUSTEAO ELECTRIC MFG. CO. Equipment repair-Water Dept 78.90 7227 BRAUN ENGINEERING TESTING Service-Community Center Cty Rd 4 & 72nd St. 2,014.16 7228 ROBERT J. BROWN Expenses 42.00 7229 CENTRAL AMC/JEEP, INC. 3/4 ton jeep with plow-Sewer Dept 8,080.43 '230 CHAMPION PRODUCTS, INC. Tap watermain 350.00 -231 CHANIIASSEN LAWN & SPORTS Chain Saw-Community Service 428.30 '232 CITY OF EOINA Tests-Water Dept 58.50 7233 COMMISSIONER OF TRANSPORTATION Bituminous Plant inspection 718.30 7234 COMMUNICATIONS SPECIALIST, INC. Equipment repair-Public Safety 86.50• 7235 COPY EQUIPMENT INC. Lettering set-Water Dept 95.00 7236 CURTIN MATHESON SCIENTIFIC, INC. Chemicals-Water Dept 762.02 72T CUTLER-MAGNER COMPANY Quicklime-Water Oept 2,981.77 --230 OALCO INC. Cleaning supplies-Fire Oept 708.17 7239 OAVIES WATER EQUIPMENT CO. Meters-Water Dept 10,275.48 '240 DELTA OIGITRONICS Monitor-Public Safety 280.00 7241 OEPARTMENT OF NATURAL RESOURCES Usage permit 15.0D 7242 DORHOLT PRINTING Office supplies 1,381.24 7243 OORSEY, WINDHORST Service 2,650.00 7244 KIM OUSTERHOFF • Refund-Rec Dept 7245 VOI0 OUT CHECK 7246 EOEN PRAIRIE NEWS , Ads-Liquor Store 213.75 7247 EDEN PRAIRIE SCHOOL Nov. & Dec. fuel-Street Dept 3,852.93 7248 FOEN PRAIRIE SCHOOL Refund-Rec Dept 2.00 7249 EOEN PRAIRIE SCHOOL' Refund-Rec Dept 15.00 '750 ESS BROTHERS & SONS INC. Sanitation covers-Sewer Dept 306.00 251 FAIRVIEW COMMUNITY HOSPITALS Tests-Public Safety 25.0 '25? FEDERAL OYNAMICS, INC. Tubes-Water Dept 221.80 :253 FEED-RITE CONTROLS, INC. Ferric Sulfate-Water Dept 1,478.0,, '254 FINANCE OIVISION Special Assessment charge 233.2E ;255 JOHN FRANE Expenses 120.0, '256 GENERAL COMMUNICATIONS, INC. Battery, repair parts-Fire Dept 103.45 7257 GRAHAM PAPER Xerox paper 435.1. "5S GUNNAR ELECTRIC COMPANY INC. Electrical wiring-Edenvale Warming House 2,456.0n :259 HMO SERVICES Insurance 122.3, 7260 JACK HACKING Expenses 103.45 7261 KAARE HAODELAND Expenses-Building Dept 19.12 72 THOMAS HARMONY Refund-Rec Dept 46.00 726s HAYOEN-MURPHY EQUIPMENT CO. Air Compressor/Jack Hammer-Water Dept 7,260.00 7264 HENNEPIN COUNTY Equipment rental-Fire Dept 64.58 7265 COUNTY OF HENNEPIN Equipment-Police Dept 342.00 7266 HENNEPIN COUNTY CHIEFS OF POLICE 1930 dues 30.00 3"c 3 • • • Page three E February 5, 1980 4 7267 HENNEPIN COUNTY FINANCE Welding gas-Street Dept 201.91 72�- HYDRAULIC SERVICES INCORP. Motor repair-Street Dept 104.86 :26_ INDUSTRIAL LIGHTING SUPPLY Light bulbs-Water Dept 204.72 7270 INFORMATION PUBLISHERS, INC. Subscription-Liquor Store 94.00 7271 ITASCA EQUIPMENT CO. Bolts, coupler-Street Dept 46.96 7272 ELIZABETH G. JOHNSON Jan/Feb Happenings 150.00 7273 JEAN M. JOHNSON Mileage 4.68 7274 CARL JULLIE Dues, expenses-Engineering Dept 123.28 " 7275 KOKESH ATHLETIC & GOLF Supplies-Rec Dept 42.89 7276 KUSTOM SIGNALS, INC. Equipment-Police Dept 579.00 ' 7277 M.E. LANE, INC. Service-Historical Culture Commission 150.00 7278 LIBRARY OF URBAN AFFAIRS Subscription-Planning Dept 13.59 7279 VOID OUT CHECK 7280 CAROLYN LYON Ski Chaperone-Rec Dept 15.00 7281 !h1ICHELLE LYON Refund-Rec Dept 17.00 7282 M.A.P.R.A. 1980 Dues-Park Dept 10.00 7283 MACQUEEN EQUIPMENT INC Parts-Street Dept 186.50 7284 ROBERT N. MARTZ Expenses 115.00 7285 MAYVIEW RADIO Equipment repair-Public Safety 86.70 7286 MEDICAL. OXYGEN & EQUIPMENT Oxygen 20.98 7287 METRO PRINTING INC Jan/Feb newsletter 390.0 7288 METROPOLITAN FIRE EQUIPMENT Chemicals-Fire Dept 17.5u 7289 MINNEAPOLIS STAR & TRIBUNE Ads 312.42 7290 MINNESOTA GAS COMPANY Service 1,906.19- 729i MINNESOTA VALLEY ELECTRIC Service 21.94 7292 MINNESOTA VALLEY GAS COMPANY Fuel-Senior Center 217.00 72r DENNIS NESBITT Mileage & expenses 91.62 2.•, NODLAND ASSOCIATES INC. Chatham Wood Addition Improvements 66,902.9' 7295 NSP Service 5,485.8,i 7296 NORTHWESTERN BELL TELEPHONE Service 260.22 7297 THOMAS R. O'BRIEN Conference-Assessing Dept 9.00 7298 PARK AUTO UPHOLSTERY Equipment repairs-Public Safety 52.50 7299 PENNY'S #25 Supplies-City Hall 104.52 7300 PIONEER CLUB Service Jan/Feb Happenings 50.00 7301 RAINBOW SIGNS INC. Office Supplies-Public Safety - 7.50 7302 MARGARET ROTHSTEIN Refund-Rec Dept 17.00 7303 R.J. RYAN CONSTRUCTION Refund of Building permit 249.50 7304 STEVEN SAMPSON Refund of Building permit 709.70 7305 ROLAND SCHULZE - Packet delivery Nov/Dec 1979 156.00 '306 KATHIE SCIURBA Refund-Rec Dept 23.00 '307 SCOTT STANLEY Expenses 54.E 7308 SULLIVANS SERVICES, INC. Pump holding tank-Park Dept 50.00 7309 CARRIE TIETZ Minutes-Park, Rec & Natural Resources Comnissiorl 60.0k 7310 STANLEY W. TULL CO. INC. Bearings-Street Dept 54.65 7311 ROGER ULSTAO Expenses 100.c '312 UNIFORM UNLIMITED Uniforms-Police & Fire Dept 1,769.00 :313 VIKING PRESS INC. History Books-Historical Cultural Commission 14,539.i,. "314 RiiKI WARNER Expenses 10.R0 i315 WATER & SEWAGE WORKS Subscription-Enyineeriny Dept 24.E 7316 ALLEN WENOLAND Refund-Rec Dept 34.00 7317 WESCO Motor for chemical mixer-Water Dept 282.84 77' BILL WHITE Refund-Rec Dept 17.00 731J XEROX CORPORATION Service 268.88 7320 ZACHMAN HOMES Refund contractors license fee-duplicate payment 15.00 7321 ZIEBART AUTO-TRUCK RUSTPROOFING Undercoat for Jeep 144.00 3zq • • i'. age four iry 5, 1980 -322 ZIEGLER INC. Wheel, flange-Street Dept 653.59 -323 TODD CHANCELLOR Refund-Rec Oept 8.50 -324 CHRIS ENGER Expenses 102.50 -325 JEANIE OHNSORG Mileage 3.96 -326 LONERGAN ADVERTISING Courteous driver award 249.89 -327 MINNESOTA RECREATION & PARK Men's Volleyball State Tournament 120.00 -328 MINNESOTA RECREATION & PARK Basketball tournament fee 180.00 -329 MAVONNE TREPTOW Refund-Rec Oept 6.00 -330 NSP Service 139.41 -331 INTERNATIONAL CONF. OF BUILOING Book-Building Oept 5.00 -332 PLASTICS INC. Plastic sheets-Community Service 32.20 TOTAL $277,201.26 • • • October 4, 1979 IICT 9 1179 TO: Roger Ulstad FROM: Keith Wall The attached petition was recieved on Monday, October 1, 1979 and 1 as forwarding it for your review. The party who circulated it, Mrs. Patricia Minton, talked with Jack Hacking sometime in July, and was told then that shooting in the Mitchell Lake area would soon be considered by the city council. 9GL T PEJ.. ITIO i FOR • 1 ' ORDINANCE I ; YE THE UNOERSZON£O 00 HEREBY REOUEST AN OROINANCE TO PROHIBIT HUNTING IN THE NITCHELL L4XE VICINITY OF EiIEN PRARIE TO ?REPENT: C> ACLs:f,YTAZ. P'.;tS.:ii'r;:IL• C4HSF /RaySTR 4YS.'/.ITS . l2> OIST URBANC£ Of THE PEACE. Ii t 3h'7 . . • NAME ADDRESS DATE • C\ S, "cs. ••\ \). ) ) ) 4-- 3 rbyrn4U,Y).D ii14.) /g(<, SP. 4 777 etx . R. 5 e e 6 V-illoldt--;-4-• ,x•Pt.41(24%.4.4__ -7 70/ S.. c 4rue-. 7 Mk. Pe-41)"-e-Y lb7,21 A344;2.4 ' ' 1T etivJ 8 B13"C4-* ;Th•:11•11 —11i1 S. Sqy (-vrve EA C h g <1(;;4,, -en Lk A' . 10 / t/ A . 11 „,(e , vtit •,• , • 12 13 , •' ,•, ••• • 14 // 311 . " - . • s . /1 - 67 • - .. VEMORANDUM • TO: Parks, Recreation and Natural Resources Commission ' Mayor and.City Council FROM: Bob Lambert, Director of Community Servicest^ DATE: September 12, 1979 SUBJECT: Firearms Ordinance • Attached is a copy of a memo from Keith Wall, Public Safety Department, concerning • a proposed revision for our Firearms Ordinance. The existing ordinance allows .- hunting (with a shooting permit) south of the line along County Road 1 running westerly to County Road 4, then west of County Road 4 and south of State Highway 5, with a small exception of a swampy area north of Highway 5 and west of Heritage Park. There arc two major areas of concern west of County Road 4 and south of Highway S. These areas include Mitchell Lake and Rice Marsh Lake. As the eastern shore of Mitchell Lake is developed more and more residents are voicing their concerns with hunting on this lake. There is a petition presently being circulated in the Timber Lakes area requesting the City to eliminate hunting around Mitchell Lake. . The other problem area is Rice Marsh Lake. This lake is located on the western i ' boundary of Eden Prairie. Approximatley half of the lake is located in the City of Chanhassen and half in Eden Prairie. The City of Chanhassen does not r, ' allow hunting on their half of the lake mainly because there arc apartments located within about a block of the lake. Chanhassen residents complain that hunters enter on the Eden Prairie side with an Eden Prairie shooting permit and then move over to the Chanhassen side to hunt. It is difficult, if not impossible, ' for either Eden Prairie or Chanhassen officials to prohibit these violations as 'long as it is legal for people to hunt on.the Eden Prairie side of the lake. It is Public Safetytsrecommendation that the legal hunting zone be changed to include an area west of County Road 4 and south of the Chicago/Northwestern Railroad Tracks. This would eliminate hunting on Mitchell Lake, Rice Marsh Lake, • and Riley Lake. It would also eliminate hunting on approximately 16 small pot holes or sloughs and hundreds of acres of fields and woods. The City Council has requested the Parks, Recreation and Natural Resouces Commission to review this request and make a recommendation for the September lSth meeting. Co:v..:unity Services staff cor.ments: - Staff concurs with the Public Safety concerns regarding hunting on Mitchell Lake and Rice Marsh Lake. Mitchell Lake is presently too developed to allow hunting without annoying a great many people and possibily causing danger to a few. Staff feels the City should attempt to cooperate with the City of Chanhassen to eliminate existing problems on Rice Marsh Lake. Therefore, the Community Services staff also recommends eliminating hunting on Rice Marsh Lake and Mitchell Lake. • -2- Staff is somewhat concerned with eliminating hunting in this entire area at this point. It is obvious that eventually there will be no hunting anywhere within the City of Eden Prairie. However, at this point, the area south of State Highway S and west of the railroad tracks is mainly farmland, woods and ponds. There is an abundance of pheasants and ducks in this area and it may be premature to close this mire area to hunting because of.the problems caused on two of the lakes. Staff feels that it would be just as easy to regulate hunting on two of the lakes as it would be to regulate the entire area and suggests the Commission consider just eliminating hunting on Rice Marsh Lake ' and Mitchell Lake at this time. • • • • • • • • • • • • • 391 • • • August 23, 1979 TO: Roger Ulstad FROM: Keith Wall // SUBJECT: Firearms Ordinance • Since 1976 when our firearms ordinance was revised and shooting zones were identified, there have been increasing concerns expressed by citizens about the zone south of Highway 5 and west of County Road 4. Several residents around Mitchell Lake have proposed the circulation of a petition to prohibit shooting in their area and we have received similar complaints from our Chanhassen neighbors regarding the Rice Marsh Lake area. There has been considerable new construction near Mitchell Lake and as a result bikers and mini-bikers have increased near the lake. It would be our recommendation that this zone be•changed to include an area west of County 4 and south of the Chicago/Northwestern railroad tracks. • • • •3/1 I i c1 m I m I o -) n I m Is. x L . 8 $...,.. g "e y, .: 1 i r. (•',i_ .i��a.^'_^{.4 _RY7 .:.r. .f4Eit. � it �� f ;• .-e e 1 i G.. F .r.., , i .._ . ,,,,..147,,z.,...,.......,... _ . . :1... . .0,), .,., 1.,.41,. z:,....,... .. ..... , 0.-- •"".3" `a l t� \C(4:in),,,,• IA el.$ h 1.tk ...,;1‘t,I,*,_7_,1%., ..„...1 17 4 D 1 i" t n -�,,' aa \,..(• .r. + 'zs--CF-.--i--,-,-2--- 1 1 . \ . (07,/.`ji . 1'4:: ,,r ,....,44.1_,.... .1,,,i,,,,:,t,s 0..,'t..) ,..., ..„,,,..,,,, ,t..: ,v.,„., \ , .„..... . . ,.., ,,.,_ , i : ,,,„ . 4...., , , ‘ I : 2,1i ^7.„... _ 1 i if"3 v\Y yr, ,,,r 1�• r �,_� + ti + r \..�Z/A n r. `• :nxi_ ,w „y am-` f ,ri-'.'-.'-' Ai /) a) cl i 1-.7-. . �pJ �i J.Jy \�:�i"• i- 1 . ‹...5____•, ; .. t. ' I ' "�\,�t�_ t1\ ;� /1� • \(1,i,":i i{ iji L i i .Ci.: 11 )• i ff� \ i• !f�t'I to`U Cr/ ,, 1 i� 9y !_•'-, :: 1� i a",-:�.�_ _ _ l�- ��y.. .y. .:1 •.•-r...• ,.'..._--,"`•i; ' i1r ••it sy•,A. eeg" -- r— y--1— --r 03 j•--0. • • • MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Stuart A. Fox, City Forester DATE: February 1, 1980 SUBJECT: Public Hearing for Removal of Diseased Trees on Private Property In an effort to get property owners to remove diseased trees the staff had made several attempts to work with the affected property owners. To date the procedures have been as follows: 1. Original notification - summer of 1979 (giving owner 20 days to have trees removed). 2. Second notification - October 3, 1979. • 3.. Date set for Public Hearing - January 8, 1980 Council meeting. • 4. Public notification of property owners - two publications in Eden Prairie News January 19;0. • 5. Third letter to property owners January•18, 1980, informing them of February 5, 1980 Public Hearing. 6. February 5, 1980 Council meeting - Public Hearing with estimated costs. Property owners have opportunity to appeal. • Many property owners have responded to this effort by the staff to have diseased trees removed, however many property owners have not. Enclosed is a list of property owners who have not removed diseased trees as required by City Ordinance No. 77-36. The staff recommends the Council require abatement of the trees on this list by Resolution No. RS0-26. SAF:md • • • • 344 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO, R80-26 RESOLUTION ORDERING A PUBLIC IMPROVEMENT FOR THE REMOVAL OF DISEASED TREES WHEREAS, the City Council fixed the 5th day of February 1980 for a Public Hearing on the proposed improvement to remove diseased trees from private lands and, WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement have been notified and notice has been published as required by law; NOW, THEREFORE. BE IT RESOLVED, that 1. Such improvement is hereby ordered. 2. The Director of Community Services is authorized to advertise for bids for the removal of said trees. (See attached list of properties) ADOPTED, by the City Council of the City of Eden Prairie this 5th day of February, 1980. Wolfgang Penzel, Mayor ATTEST: John D. 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F•Q F `t •.y Y X 7:Z 0. co G) H'O r• CO K 0O M U)0 X••+ rv) O., IN 0 /4CA 0. a• � tel F ..4 ti O U co a a Lai e d are • TO: City Council FROM: Rae Bly, Staff Liaison to the Human Rights and Services Commission DATE: January 16, 1980 SUBJECT: Joint Meeting of the City Council and the Human Rights and Services Commission The Human Rights and Services Commission would like to request the scheduling of a joint meeting with the City Council. Dates for this meeting have been discussed by the Commission, with first preference being Monday, February 25, 7:30 p.m., and second preference being Monday, March 10, 7:30 p.m. The Commission feels that it would be desirable for both the retiring members of the Commission (who have been involved in the initial staacs of the Comprehensive Study of Human Service !seeds in South Hennepin County) and the newly appointed members of the Commission to be present. They would therefore prefer the date in March, should appointments to the Commission not be completed in February. • • I MEMORANDUM ( TO: Mayor and City Council TURD: Roger K. Ulstad, City Manager FROM: Rae lily, Staff Liaison to the Human Rights and Services Commission • DATE: Janaury 29, 1980 SUBJECT: Proposal for the Organization of Citizen Participation in Hennepin County On January 14, 1980, the Human Rights and Services Commission reviewed the Proposal for the Organization of Citizen Participation in Hennepin County as prepared by the Hennepin County Staff from the Office of Plannnig and Development. After considerable discussion, and with several questions remaining unanswered, the Commission voted to hold a second Commission fleeting • in January so that staff from the South Hennepin Human Services Council to Fht be present. The second meeting was scheduled for January 28, 1980, at 7:30 P.M., the regular meeting date and time for the Commission. On January 28, Russ Stricker met with Commission members to further review the Proposal for Citizen Participation. Unfortunately, the Commission did. not have a quorum, and therefore could not pass a resolution with regard to the proposal. The Commission chairperson, Rosemary Dysinger, did request me to send their comments and suggestions to the City council members for consideration, anticipating the Council's desire to respond to the Hennepin County Office of Planning and Development prior to February 15, 1980. The Commission was generally favorable toward the proposal, in as much as it suggests a structure utilizing geographic divisions within the County. The Commission viewed this as an effective mechanism for carrying out recommendations regarding human service needs which will result from the South llennepin's • Comprehensive Study of Human Service Needs. • Several specific recommendations within the proposal drew criticism from the Commission. On page 13, recommendation number 4 suggests that the County Board might mate direct appointments to the Human Service Councils. The Commission feels strongly that the final authority for selecting representatives should lie with the cities and not with the County. On page 14, recommendation number 7 suggests that County staff be part of thy• mechanism fur citi:cn advisory councils. Mr. Stricter (S.II.II.S.C.1 relayed a statement by County staff, that this would apply only to the milt 'plc ',. ...... !:•. Human Service Councils. The Commission felt strongly that to be effective. citizen participation through human service advisory councils must o{,. r.i:r independently fret County staff, and therefore recommended that this eclatI'nshi1+ be clarified. • cJ/cj E. -2- The\ Commission voiced support for the current mechanism for citizen participation through the South Hennepin Human Service Council, and questioned the County proposal's suggested need for alternations under recommendation number 9, page 1S. The Commission agreed that it would be desirable to formalize the advisory responsibilities of the Human Service Councils within the County structure. For this reason, they suggested that the Proposal for Citizen Participation should define the relationship which human service advisory councils would have to the County Board of Commissioners and the role they would play regarding the allocation of funds under the Community Social Services Act. RB:md • • • Li i) • • • • •JP' OFFICE OF PLANNING & DEVELOPMENT :• . 2308 Government Center Minneapolis,Minnesota 55487k HENNEPIN jDecember 20, 1971)Zr.24 1279<, The Honorable Wolfgang Penzel City of Eden Prairie8950 Eden Prairie Road Eden Prairie, MN 55344 1 1]; :kj rDear Mayor Penzel: • Since the passage of the Community Social Services Act by the 1979 Minnesota Legislature, this department has been studying various citizen participation alternatives that would meet the requirements of the 'Act. In addition, the Act has provided an opportunity to review the full range of existing human service advisory activities in Hennepin County and to develop recommendations for the overall improvement of the organization and effectiveness of the citi- • zen participation process. The enclosed draft report has been prepared as a result of this study. I believe you, your Council and other municipal officials will be both interested in this issue and in sharing your views as part of the process of developing • a final report. I would, therefore, like to solicit your torments and sugnes- tions on this draft document. Following receipt of the review comments from a broad spectrum of municipalities, community organizations and agencies, we will re-evaluate the draft proposal, amend it as appropriate, and prepare a final report and recommendations. The final report will be transmitted to the Board of County Commissioners for their consideration. In addressing the final report, the Board will also establish additional opportunities for public comment prior to taking any action. If you would like any additional information or the opportunity to arrange a neeting to discuss this issue or the recommendations presented, olease contact me at 348-B200 or David Parachini at 348-5106. I would appreciate receiving any comments or suggestions you might have by January 15, 1980, so that the final report can be presented to the County Board no later than E'c:n'uury 15. Thank'you for your assistance and participation in this community review process. Sincerely, Philip C. Eckhert Director enclosure (1) HENNEPIN COUNTY q ‘ on&ugl opportunity employer • Mcnard 2nd RAP CITY OF EDEN PRAIRIE IIENNEPIN COUNTY, MINNESOTA Ordinance No. t. AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, (as set forth in Exhibit A attached hereto and made a part hereof) shall be and hereby is removed from the Rural District and shall be included hereinafter in the C-Reg-Ser District. Section 2. The above-described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , 1980, between Mcnard, Inc. , a Wisconsin corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules • and regulations of the City of Eden Prairie relating to the C-Rey-Ser District. • Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Palen Plairie on the clay of 19 80 tnd . finally read and adopted and ordered published at a regular mecum; of the City Council of said City on the day of , 1980. Wolfgang H. Pen:tel - h Ayor ( John D. Franc - City Clerk PUBLISHED in the Eden Prairie News on the day of , 19 80. 'IKi (k LEGAL DESCRIPTION: h1ENARD 2ND ADDITION Beginning at the intersection of the southwesterly line of Lot 1, Block 1, and the northerly line of Plaza Drive, as platted in said Menards Addition; thence N 45 CO' 00" N, along said southwesterly line of Lot 1, a distance of 50.00 feet; thence S 76 16'18" N', a distance of 92.93 feet; thence S 15 37' 35" F, a distance of 21'l.S0‘feet to the northerly line of said Plaza Drive; thence N 74 22' 25" E, along said northerly line of Plaza Drive, a distance of 270.45 feet to the point of beginr,ing. . Xi11RIT A • Ldl1 • • • 11/21/79 ,1-23-20 • Crown Auto Menard 2nd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of t20.441•1,1 Z{( , 1980 by and between ItENARD, INC., a Wisconsin corporation, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, here- inafter referred to as•"City" , . WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural .to C-Reg-Ser approximately 1.06 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 the construction thereon of a retail auto parts end.accessories store. NOW THEREFORE, in consideration of the City adopting Ordinance 79-40, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall develop the property in conformance with the material dated July 26, 1979 reviewed and approved by the City Council on November 6, 1979, and attached hereto as Exhibit_6, subject to such changes and modifica- tions as provided herein. 7. ( nner covenants and agrees to the performance and ob..ervance 1� .ncr. aI u,l; ti; . s . .:1 in •w1; _!Hurt of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attr.,hed hereto and c..tde a ;, 11 hereof. 3. Parer shall, prior to Ind reading of Ordinance 19-40, submit to City for review and aiproval, a de:ailed i.:nr•.,,, in,; i Lu;. Owner '.hill l,ttrdpe and ur,:do the property in aciont,erm wish the i.:u,lsr pe plan not l to th.tn in ic,r to of any building or structure built or erected upon the property or such earlier time or times set forth in the plan. • 1119 ' Developer's Agreement-Menard 2nd Addition page 2 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to he executed the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation BY: — - - - Wolfgang N. Penzel, Mayor BY: STATE OF MINNESOTA) Roger K. Ulstad, Manager )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ,1980 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager of the City of Eden Prairie on behalf of the corporation. Notary Public • MENARD, INC., A Wi consin corporation 1- BY: -_ ...- ._ ✓i j� I -- jy� ; • Its STATE OF WISCONSIN ) ItsV. •_t2tc�f.�= ct � )SS. COUN1Y OF [AU CIAIRE) The foregoing instrument. was acknuwiudycd buiurc ;:le this 2 y ut ��nt any . t,y .Jottn rC. ffIf-Ien4ra,..,rr•..- the Yr•sitiart .- - end O�arvw+ C�ocnns�n • the rite �regic�..at , oc,1 ESiatt of Fenard, Inc. , on In half of the co pur,t 614 Co'nmiss.on EY/ res • • LEGAL DESCRIPTION: IIENARD 2ND ADDITION Beginning at the intersection of the southwesterly line of Lot 1, Block 1, and the northerly line of Plaza Drive, as platted in said 1'enards Addition; thence N 45 00' 00" A', along said southwesterly line of Lot 1, a distance of 50.00 feet; thence S 76 16'18" N, a distance of 92i93 feet; thence 5 15 37' 35" E, a distance of 217.50 feet to the • northerly line of said Plaza Drive; thence N 74 22' 25" E, along said northerly line of Plaza Drive, a distance of 270.45 feet to the point of beginning. • EXHIBIT A 1; e• \4 1 1 \\\ \ IN\ i \ \, , , ',t \ %.D i ;1 . 1'i\,‘, \,, k -) 1 , 1\\ 1, 11 \\i'\\\1 4 1\\ if V { , it , .. 11 If I 4, \ 4. !1, ,\\11141'\\, {, 1 `l, 'f_' <-.-4� 1• • /� 1 1 \4 '\ ';4 1. 1\4; cdj•"�; t 1: ,j , ti' ,,1 \ t , - /r l�� t f j. , "s f \ 1\ 1 f'" = 1 s . ,.°. - v : . / p---, ,<,,g•fr k,- • I -1,''' • 1 \ 1 I ,Zr rr ; " - / 1 i 1, ,�� \• / 4 r �Z� _ . Ls/ + ti ' - o 1 i.• . .){ 1 o t- . o o , ; ` n- . \ ::,---: ;. ___ -..„..,,,_1 ,„,_. ,... ...., ,i,, . 7., ,/, .).. 1 t, i 2 / �,• r 1 { ) 1 ci .................,N, ,,, .,..., s ,\,1,,,,,,,„j„.„....AN, . •. , "EXHIBIT 8" 1122. 7/26/79 • • DEVELOPER ' S AGREEMENT 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, pondiny 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. • o,,nc r :hall pay cash park fees as to all of the property required d • by any ordinance in effect as of the date of the issuance of each • building permit for construction on to.le pr'operty. Presently, the amount of cash park fee applicable to the property is SI,4OO per acre. The mount to he paid by Owner- shall be increased or decreased to the extent that City ordinances are axeodd or supflerd need to require a creator or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the deeication, 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 en Attorney, and in a form arce°ptable to City, as to the condition of the title of such property or in lieu of a • title i I I n, •. , i i l l i i 1• t 1 e , of the },rr,; eity or interest therein in the City. The condition of the title of any r;nl property or any intolest ihc., in to be dedicated, transferred or conveyed as may be provided herein by C::uc r to City sh:,ll vest in City tiood „ud i,.oi Ic i,:hle title, titeroin free and clear of :lily nortp ut s, liens, c nc,, ,,ruiwen, or ,e, .e •..,its. I page 2 of 4 Exhibit C • A. All sanitary sewer, watr•rmain and storm sewer facilities, streets, concrete curb, gutter, sidewalks and other public utilities ("improvc,r•ents") to be made and constructed on or within the property and dedicated to the City shall be designed ( in cn,nplience with City standards by a registered professional engineer and ' submitted to the City Engineer for approval. All of the improvements shall be ca:cpleted by Owner and 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 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 and notice in writing to Owner of such defects, within said 2 year • period said narranty 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 may be subject to reconcaendations of the City Engineer. 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 improvr^:ents have been completed, inspected and tested in accordance with City approved Eilns and specifications. Prior to final plat approval, or istoonce of any building permit, if no final plat is required, Owner shall: • Submit a bond or letter of credit which guarantees completion of • • all in,provv.cnts within the tides 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 port.,„lriehip for a period of two(2) grams following cmpleiion and acceptance of the improvements by the City Engineer. The • amount of the bond or letter of credit shall be ]20tt of the estited construction cost of said inilrrcv•cments, subject to reduction thereof to an amount equal to 25:. of the cost of improvements after • acceptance thereof by the City Engineer, and receipt of as-built drawings. The bond or letter of credit shall he 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 heproveeents. B. In lieu of the obligation inipoend by subparagraph V.A. above, Owner may submit • l'1 Htitir.n r.i,aed by all c.i:n:ers of the lr'operty, rrc;r;“.,,ina i!;^ City to • iu.ta l l t i:c i,,.i r,•y,.a.alit s. Upon ,Ipp oral by the City (nuna i l,t.i•r i.i ly I..iy , • ',lid i:,.;'rev,•:: tit5 to he 1:;a,1e and ',pedal ass•r•.a•,eni.S for all cee.ts for cold irpro.'ay.ents will be levied on the property, except any property which is or • shall he rb•di,cl;ed to the public, over a five year period. Prior to the c•::ord of any contract by the City for the construction of any impreviemrr ts, (tauter it I,. .,• , ;:tI red iota a cr�I tract for rcweh nrr,!ing of •twits included it) the ii..prnv,: guts to a finished sal:grade elevation. Contractor' Po oo '.:Itic I :r. r, 1, :r,•!i,,, n':'I : •.I..+il h• •r,ur,,t r„ ,I ..,,,,1 , r lc: r •f . 1,,. which shhail ,turrraniee co:nplc'tion, and pay.lc•nt for all labor and materials e>`;.nu in cllnneclion with the rough grading. The amount of the bond or letter of credit shall he 12Sf 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. • • page 3 of 4, Exhibit C C. Owneh shall submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets,sewer, 1 • water and storm sewer preliminary alignment and grades, minimum floor i • f elevations, and arrows showing direction of surface drainage, locations of trails, etc. D. All private improvements shall conform to the City's building code require;:ents. • 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 October 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 he 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 rr.aintain 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. Ti' e I_n,[ or letter of cr,,iit orovir!rd in ;',!r,u ,rph V. A. hereof shall also guarantee the perforcance of Owner's • oblitions under this paragraph VI. VII. Owner shall file this Agreement with the Register of Deeds or • i:.r:i •tr ,r of Titles and supply the City with a copy of this • ...nr•oni nt with infra rya Lion as to bloc uwnt ":ware and date and • t..,, ut tiling Pry rrriifiA thrreon w;ikin (•;) . ;10.1 the • date of this Agreement. : • : VIII. If Owner fails to proceed in accordance with this Agreement with- in T4 months of the date hereof and provide proof of filing in accordance with item VIL hereof, Owner for itself, it successors, and assigns shall not oppose rezoning of said property to Rural. LIiS 11/79 • • Pane 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 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 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 accor- dance with recommendations of the City Building Department, prior to the issuance.of any permit to build upon the property. • • • ti.ZL • • • County Road 4 ) ' Highway 5 intersection • RAP • ORDINANCE NO. 80-04 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • • AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135: • The Council of the City of Eden Prairie ordains as follows: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The property situated in the County of Hennepin, State of Minnesota, more fully described in Exhibit A attached hereto and made a part hereof, shall be included in the PS (Planned Study) District. • • FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this day of • 1980, 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 Penzel, Mayor ATTEST: • • John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on , 1980. Cal • • �. EXHIBIT A, ORDINANCE 80-04 • •Subd. I . The East 217.8 feet of the West 959.8 feet of the South 300 feet of the Southwest Quarter of the Soutlrwent Quarter, Section 9, Township 116, Range•22, shall he ineln,'e•ei hereafter in the PS (Plan Study) District. • Subd. 2 . That part of the South 300 feet of the Southwest. Quarter of the Southwest Quarter lying East of the West 959.8 feet thereof except the railroad right-of-way, Section 9, Township 116, Range 22, shall be included hereafter in the PS (Plan Study) District. Subd. 3. Lot 27, Block 7, Westgate Addition accoleiny to the• plat thereof on file and of record in the Office of the Register of Deeds, Hureepin County, Minnesota, Le i„ clunedherer.fter in the PS (Plan Study) District. Surd. 4 . All that part of the Southeast Quarter of the Southeast" Quarter of Section 8, Township 116, Ranee 22, lying Northerly of the following described line: beginning at a point on the East line of the said Quarter Quarter, dia.to.nac 600 feet North of the Southeast corner thereof; thence I.:este : ly parallel with the South line of the said Quarter Quarter, dis- tance 800 feet; thence Northwesterly to a point on the West line of the said Quarter Quarter, distance 770 feet Northerly of the Southwest coiner of the said Quarter- Qu;.cIt.•r and its, re terminating, shall be included hereafter in the PS (Plan S! e: }•) • Di:.t r ict.. 5. All that pact of the Southc ,r::t Quitter of the Sout leee t Quarter of Scot tort 8, 'fewr: .hip 116, Ssel,:,• 2?, 1e• • Nor t'r,er ly of the Nor the-r ly right of-way line of St,etc hie;h•..• } No. 5 .cal Southerly of the fol lowi ni de:.e•r ilee l l is e • at a point on the East line of the said Quarter Quarter, cli:: t,ince 6O0 feet Noll of tiny Scuth, . :t cot nee thereof; . . • • 1:e ,terly parallel with the South line of the said Quarter ( el1• t . S )0 fe th, w 1 . the Wt•:.t line of the said Quarter Quarter, distance //0 icct. Northerly of the Southwest corner of the said Quarter Quarter { and there terminating, shall be included hereafter in the PS . (Plan Study) District. . • page 1 of 3 Subd. 6. That part of Sections 8 and 17, Township 116, Range 22 described as follows: Commencing at the Southwest. corner t , of Southwest 1/4 of Southeast 1/4, of said Section 8; thenceEast along Sour'° ( ne thereof 951.05 feet to a point known as Point A, thence North at right angle to the center line of State Highway No. 5, said point being actual point of beginning, thence South to Point A, thence deflect left 72 degrees, 00 minutes 10 seconds to the center line of County Road No. 4, thence North along said center line to the center line of State Highway No. 5, thence Northwesterly along said center line to beginning, except loads, shall be included hereafter in the PS (Plan Study) District. Subd. 7 . All that part of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, lying • North of the South 680 feet thereof, Southerly of State Highway No. 5, and Westerly of the Northerly extension of the Easterly line of the Lincolnwood Addition according to the plat thereof on file and of record in the Office of the Register of Hennepin County, Minnesota, shall be included hereafter in ;le. PS (Plan Study) District. • Subd. 8 The Westerly 625 feet of the South 570 feet of the North 1215 feet of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, shall 1., in, lu,'. •;i hereafter in the -PS (Plan Study) District., except the following: • That part of the Iorthesst ounrter of the Northeast ouarter or Section 17, Township 116, Rengu 22, doncrlbed es follows: Beginning et the Northwest corner of paid Northeast quar- ter o: the Northonst quarter; thence South along the lest line of snip Lorthei.::t quarter of the Northeast qusrtcr to the North line of the South quarter of suid Northeast quarter of the Northeast quarter; thendo Last along said North line of the South quarter of the North- eaat quarter of the l:orthenst qu.rtur to a paint thereon distant 110e.5S feet Loot of the Sant line of said Section 17 as tsonsured Mont; said North lino of tho South quarter of the Northeast quarter of the I:orth,+ant qunrtcr, mid paint being t.e point of be;:lrr.lr.,; of a Iinu hn-et^sftor referred to no `Lino R"; thence Borth p,rollel .dth suid i:oat lire of £ec- t1or. 17 n dirt :.cn of 1.40.12 feet, and :,atd ^i'_t" E" 1., •Point X" he:rutnnfter de:,erib..d; thence Borth 23°14.14" :ash 436.98 feet nary o: le:. to tLu - Scct!:erly r11;f:t-of-way line of State Trunk Eitnay t:o. 5 +r•de:.crih.•d ni 1:.rc,•1 1e. of f1::.a1 eertiflcut recorded as Lbc. No. 30573 ; thence Ilort,.aesttrly, bort:,easterty, nr.,l lorthwost erly nloni.'r.aid rli,ht-of-way lino to t..a North lino of snip Nortre ,e.t quests o' C•„ .ortl, east quarter; thonce t.ust along nnid Earth lino to the point of berinnilv, t:.,i.2.i'i t'..,t tort thereof deacrllel e.a t..;;tz.nin;; at nei.t '.:':t.`:w^.t corner of the Nort e.•.t qu•,e ter or the Narthannt qw rtnr; thence Sleuth uloni; .n1d t.e;.t line of the (:ortt.o e:.i yu,,:t,,; o; t_,,. t: :tl, Q"at ,. ,., r n dlslr--:,en of 271.9S fe•t L•• 'Om t.,int of t"':inni•tc of a lt,:n le•:0In,ft.-r role. rod to an "Lino 1."; thurrc gnat doflocttni, to the loft y7°li,' u di:.tnnc.• ,t, raid-':.isu 1" there ondir.t:; thence at a right ands North to the Southwenteriy rlrt.t-of_tiey lire of cold State Highway No. 5; thence Northwesterly, Northeasterly, and North.o:.terly along said right-of-way lino-to said North line of the Northeast quarter of the ::ortheast quarter; thence Lest along said l:o-th lino to the point of begirrin', ANL EXCEer that part thoruof lyinc within the Lase::ent for County Road No. has described in 'forwent Nc. 35)0642; AND ti1C_.Yr that tart thereof lying South of a line drawn parallel with and 60 feet South, arasu.-ed at riCht angles, Iron said "Luna A" and 1yi.G .eat of said =..ins B" rha :.. Norh- orly extension. . page 2 of 3 1/2t4 • • • Said "Point X" is located as follows: Commencing at a point on the East line of the lorth- east quarter of the Northeast quarter of said Section 17, distant IBC feat South of the Northeast cornor thereof (said taut line being aaauoad to have a bearing of South); thence South 88°13' test o1onp a line parallel with the Wosterly extension of the North lire of Section 1G, Township 116, hangs 22, a distance of 2.0 feat; thence South 23°14'14" .+oat a distance of 353.30 feet core or leas to a point in a lino drawr..parallel with the westurly ,Sxtensien of the t.orth lino of said Soetion 16 from a point on the lust lino of said 5oction 16 distant 500.40 foot South of the Northwest corner of said Section 16 and distant 141.46 feet Westerly of the 'scat line of said Section 16 as measured alone rain parallel lino; thence South if°10'27" West a distance of E2.52 foot alone, a line which if extu,.dc', w;n1d Intersect the North line of the South quarter of said Northeast quarter of the l:orthoe t quarter of Section 17 at a point thereon distant 303.63 feat test of to }sot lino of said Section 17, as voucured along said North line of the South quarter of the horth.,aet oi_7rter of the Northeast quarter; thence North 89°hD' Woet a distance of 715.66 feet to the inter- section with n lino drawn parallel with and distant 883.02 foot lest of the Susi line of tedd Section 17 as measured along said North line o: the South quarter of the t.orthoest quarter of the Northeast quarter, said point of intersection is designated as "Point X", aocordtr.9 to the 12nited Staten Government Survey thoreoi, ar,d situate le llcnnopin Minnesota. • • • • • • page 3of3 1.30 C • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-24 AMENDING RESOLUTION 1088 THE PERSONNEL POLICY BE IT RESOLVED that Resolution #1088 be changed as follows: Section 4.3 Holiday Leave. To provide for two floating holidays. Section 7.1 Hospitalization and Medical Group Insurance. To provide up to $85.00 per month towards the cost of employee health and life insurance and dependent health insurance. Such change to be effective as of January 1, 1980. ADOPTED, by the City Council of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk SEAL • ndersan TELEPHONE 661-8661 m.h. 1g�+�S{ 1977 �►V. WU*MIMES Sall WINO 3/4 MARWN M.ANDERSON CONSTRUCTION COMPANY 1101 IYNOA/E AVENUE SOUTH MINNEA►OLIS.MINNESOTA$$$$$ January 15, 1980 • City Council City Of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN. 55344 • Gentlemen: On Jan. 8th, 1980 Nary Anderson Construction Co. was scheduled as last item on the council agenda pertaining to the cash park fee for the plat of Valley Knolls second addition. Due to a delay in a previous meeting, we arrived a few minutes after the close of the council meeting. I apologize for not being on time, for I know some effort was taken to have us put • on the agenda. We still feel very strong about the cash park fee which we are required to pay prior to final play approval. So as to this one point, we would like to be rescheduled for the council meeting on Feb. 5th for discussion from our point of view. This meeting will not be missed. In 1972 Bru-Mar Construction Co. submitted a 25 acre parcel which was Valley Knolls addition. Working very closely with staff, this plan was revised five time. Finally this preliminary plat was approved both by the planning commission and the city council. This final layout was for 49 total lots and a park area which was to be 4.2 acres. This park is 17t of the total land. The city council recommended that the lots adjacent to Duck Lake load be platted into outlots until this road was improved. We agreed, with the understanding that all park re- quirements had been met for the total plat of 49 lots. • Valley Knolls second addition is not a new plat, but a replat of what former members of the planning commission and city council approved in 1972, we feel strongly that a charge for the ten lots for earl. fee is unfair. he would apore iate your reconsideration of this matter at the Feb. 5th council meeting with our representative. Sincerely, MARVI ,i!l. AN SON CONSTRUCTION CO. �tlaa FH/sm ,3 . Vice President Of Land Development • • • ISM SSS•07$$ LAW D►►ICES LAND, PAULY & OREOERSON. LTD. 41011 IDS CENTER MINNEAPOLIS.MINNESOTA RODENT I.LAND RODCR A. DAVID H.DREDERDON R.TNDMAR GREENE,JR. January 31, 1980 RICHARD r.ROROW LAWRENCE J.■ROOL.YND Mr. John Frane City of Eden Prairie Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Claim of Robert A. Kurland concerning • loss of elm tree Dear Mr. Frane: You have inquired concerning the City's responsibility for payment to Mr. Robert Kurland of a claim by him for the cost of removing a Dutch Elm diseased tree. As you know, the claim was referred to the City's liability insurer. After investigation, the claim was denied for the reasons stated therein by its representative's letter to Mr. Kur- land dated January 23, 1980. While I have not independently investigated the claim, I have reviewed the applicable cor- respondence, as well as the letter of denial. As a general rule, an insured, in this case the City, has a direct responsibility to the claimant to pay a claim, if liability exists. The insurer, within the scope of coverage afforded by the policy, has the contractual obligation with the insured to pay such claim or to indemnify the insured therefor, but only if the insured is liable to the claimant. Since the insurer, after investigation, has refused payment of the claim on the basis that the City has no liability, in my judgment the City is justified in relying upon that determination. Voluntary payment without a further showiny of liability could subject the City to requests for payment in other cases where no liability is shown to exist. Sincerely,, Rog9r.,A. Pauly RAP/sjh v G • •. • C64 10186 Laurel Drive L3 Eden Prairie, MN 55344 July 19, 1979 Mr. Stuart Fox • Eden Prairie City Offices • 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Stuart: I just want to thank you for your phone call informing me of the current situation concerning the large elm tree in my back yard. I agree with you that there is no guarantee with elms and the chance of them getting diseased is very strong in the Eden Prairie area. • However, I disagree with your statement that you feel the disease did not come from the trees that were removed earlier this spring. The City Council gave you approval to remove Hustad's trees, and you waited over five weeks before acting. I realize the lot was going to be sold and that you wanted to give the new owners a chance to contact Hustad so they would not be stuck paying the bill. I disagree with • this policy. It is up to the homeowner to research all liens against the property, and I feel that you may have saved them some money at my expense. As you will note, the diseased portion of the tree is facing the • exact area where the diseased elms once stood. Although this tree may have gotten the disease anyway, by removing those trees on time, I am sure you would agree it would have given my tree and the other two a much better chance of survival. I feel you were in error in not acting properly and that the City should pay all expenses for removal of the tree as well as give me suitable replacements for the one that is diseased. I have very mixed emotions on writing this letter. You have been • very good to me since I have been here as far as checking my back yard, yet I feel the good service you have rendered to me in the past should have no bearing on the mistake you made earlier this spring. Sincerely, K4 Robert A. Kurland • • eg :ITY OFFICES/8950 EOEN PRAIRIE ROAD/EDEN PRAIRIE.MINNESOTA 5534/TELEPHONE 16121 931.2262 p , August 8, 1979 Wr. Robert Kurland 10186 Laurel Drive • Eden Prairie, Minnesota SS344 • Dear Bob, The loss of your elm tree to Dutch Elm Disease is unfortunate. For the past year I have had conversations with you regarding trees in general and Dutch Elm Disease. The impact of the disease on the Prairie East area has been devastating. Since the summer of 1977 over 150 elm trees have been removed from your neighborhood. The majority of these have been removed by the builder, Windsor. • The transmission of Dutch Elm Disease to healthy trees can be done by one of two ways (vectors); inoculatisn of,a small branch during the feeding activities of an elm-bark beetle, or transmission of the fungus from a diseased elm tree into a healthy.elm through a root graft. In either case the introduction of the fungus is followed by clogging of the infected vessels, cessation of water flow to the leaves, wilt and death of the leaves, followed by death of the major branches and eventually death of the tree. • The symptoms of the two infections arc exhibited in a totally different manner. After examining the tree in your backyard on July 16, 1979 I would say the infection in your tree was due to introduction of the disease fungus during the feeding activities of European elm bark beetles. The reasons for this conclusion is because of the location of wilt, upper part of tree in the outer portions, and extent of • infection which was limited to one major branch. • Since the elm bark beetle is winged and does fly it is impossible to determine where the beetle came from or why they feed on certain • trees and not others. Some behavior responses of the beetle have been recorded by scientists studying Dutch Elm Disease and perhaps the most pertinent response, in application to your tree, is that beetles must undergo a dispersal flight after "hatching" prior to feeding. The extent of this flight is thought to be 1/S - 1/.1 mile. This would mean that the beetles carrying the fungus which infected your tree flow into your neighborhood. Scientists have also been able to trap beetles using a synthetic phcrmone which is a scent derived • qj • • • f Mr. Robert Kurland Page 2 from three compounds, two components which are from female bark beetles and the third is produced by dead elm tissue. (A phermone is a scent which attracts beetles to suitable breeding material). The trapped beetles were dissected to determine if they had been feeding prior to their attraction to the phermone trap. It was found by this analysis that beetles feed prior to breeding activities. What all this means is that elm bark beetles feed on elms after a 1/8 - 1/4 mile flight from a breeding site. After feeding the • beetles they seek dead elm trees or elm firewood piles to breed in. The dead elms which were removed from the adjacent lot provided little or no attraction for the beetles until after they fed on your elm. The City cannot assume responsibility for the transmission of Dutch Elm Disease when it involves something as mobile as elm bark beetles. Therefore the City will not pay for the removal of your elm tree. The City will provide for the hauling and disposal of the tree plus a free reforestation tree this fall (see enclosed sheet) as provided to city homeowners that lose trees to Dutch Elm Disease. ' Should you have questions concerning this letier feel free to call. Sincerely, • .7.131CLULAin4q" •• Stuart A. Fox cc: Bob Lambert Roger Ulstad • • • 4t3(49 • 1 q. O � L r 4"1".1 co co vrk. ! • ( ' )Q. \ \ coo, 8, 6 n _____ )11 -- ., s r1,,,. � L '�'�'ti J) g • eni;. ' August 16, 1979 dielc • ., 41 Q „rrip cc?. , . : , ' '7 Mr. Stuart Fox J Y'7 • 8950 Eden Prairie Road O Eden Prairie, MN 55343 C_ i5 Dear Mr. Fox: Z �.�fm Mr. Robert Kerwin of 10186 Laurel Drive informed me that several f e trees on property adjacent to his were marked for removal but were allowed to stand for over a year. After council approval 4,2 n t to remove the trees, they were permitted to stand over 30 days. ( i 1 OO Subsequently, Mr. Kerwin has had several trees on his property jO marked ed ora s ra rveall t Hoef alhoeg es etahraby htre esr eteha t pwese blayl lobwecdm eo e stand for well over a year. ' Z Please explain why those trees adjacent to Mr. Kerwin's property u were allowed to stand for over a year. [_ Q I look forward to your letter. CSincerely, (/,' j co MINNESOTA DEPARTMENT OF AGRICULTURE O.. ` l 1n as d — •• 0 Jane Meyer . 1 , _1 • Administrator E JEl JM:ch O d cc: Robert Kerwin • co • 11) rdiag CD 431 . S l 10186 Laurel Drive Eden Prairie, MN 55344 August 20, 1979 Mr. Stuart Fox Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Stuart: I am in receipt of your letter. However, I am in complete disagreement with your logic. In your letter you stated that my tree did not get infected by the trees you were late in removing. I have spoken to other sources, and they stated as long as a tree is not debarked it is still a high risk to other healthy trees. It also seems more than coincidental that the side that is infected with Dutch Elm disease directly faces the area where the trees were removed earlier this spring. I realize the City cannot take responsibility for removing • taxpayers trees. I do believe, however, that when a person working • for the City has made a mistake at the cost of a taxpayer, it is then the responsibility of the City to pay fort its mistake. If, in fact, the trees you were late in removing were of no danger to the elms on my property, I am sure you wouldn't have gone to the City Council to get approval for the City to remove them. You even mentioned that with the removal of those trees my tree would have a better chance of • survival. As stated in my previous letter, if you expect the residents of Eden Prairie to remove diseased trees within 20 days, I would • certainly expect you to follow the same guidelines. You were in error for waiting, and I feel it is now the City's responsibility to get estimates and have this tree removed so that the other trees in our area won't get infected. I also wanted to mention I am under the impression that before an elm tree is marked for disposal at least 30; of the tree must be infected with the disease. To date I dot:Lt whether 305 of the total tree is affected, yet the tree was marked for removal over two weeks ago. This letter is serving notice that until a final settlement or explanation have been given, I am disregarding your notice for removal. 1 b3L �,i ��p/ Robert.Kur1 and- RAK/jm cc: Mayor of Eden Prairie y3c • • • • CITY OFFICt:S/1150 EDEN PRAIRIE ROAD/EDEN PRAIRIE.MINNESOTA 55341/TELEPHONE(6123 037.2262 E=H;jr:a14.7 . August 22, 1979 Ms. Jane Meyer Minnesota Shade Tree Program 600 Bremer Building St. Paul, Minnesota SS101 • Dear Ms. Meyer: Recently you received a complaint regarding the removal of diseased trees on a lot adjacent to Mr. Robert Kurland of 10186 Laurel Drive in Eden Prairie. I have enclosed a copy of a letter which was written to Mr. Kurland earlier • this month regarding the "reason" his tree became diseased. In addition, the following is a short summary of removal timetable of the trees in question: 1. Trees originally marked on 7/27/73 total of 10 trees, notification given to Windsor Development Co. . (vacant lot, Block 1, Lot 20, Prairie East) (Low risk trees - less than 30o ilt). Lot also contained several (4) totally dead trees due o÷ construction of Sumac Circle in area - bark sloughed loose, not acceptable for beetle (, breeding habitat. 2. City received a phone call from Windsor Development on 12/7/78 stating that they didn't own the lot on which the trees were marked. Lot allegedly belonged to Hustad Development. New card was issued and Dusted Development was called and they confirmed ownership of lot. • 3. Eden Prairie City Council held a Public Hearing on February 6, 1979 • preparing the way for removal of diseased elm trees from private land in the event the homeowner failed to comply with diseased tree removal notice. The City Council also instructed the City Iurc::tcr (myself) to work with homeowners to reach a mutually acceptable solution. Since the trees in question were classified as low risk-, I contacted Hustad .and notified them that the trees would have to be removed by April 1, 14:9 (as per Department of Agriculture rules and regulations.) In mid-March, I' received a phone call from Mr. Kurland inquiring as to the status of the trees on the adjacent lot. I explained that I:u_aa.I had that tiny t,nul.i got the trees ,h'wn by ,April I. 1979. On April 1, 19-9. 1 c:.i 1,d the llustad ot1'icc to find out the status of the trees. 1 +.as iufrr ..l lot had been sold and the new owner would he removing the trees in conjunction with his house construction. After several attempts to contact the buyer of the property, I finally reached him on April 10, 1979. He stated that he would • • • • Ms. Jane Meyer -2- • August 22, 1979 1' t be glad to remove the trees, however he was not closing the sale on to property until May 2, 1979 and was reluctant to remove the trees before he technically owned the lot. I then called Mr. Kurland to inform him of my progress in the effort to have the trees removed from the adjacent lot. At this point, I would like to interject that after conversations with the City Manager and Director of Community Services that the situation was not typical and the property buyer should be allowed to take down the trees after his closing on May 2, 1979. I then visited the lot and climbed 6 of the 10 trees to check on the beetle habitat potential of the trees. I found no signs of beetle galleries in the upper portions of the trees. After this, I felt reasonably confident that the trees represented a minimal hazard in their ability to produce a generation of beetles prior to June 30, 1979. I was on vacation May 7-11, 1979. On Monday, May 14, 1979, I called the buyer and found out that the sale had not been completed and that sale would not be closing for another month due to several technicalities. I informed him that I could not wait for the sale to close and would have to let bids for the removal of the 10 trees. I advertised for tree removal bids for 2 weeks in accordance with the City ' guidelines. The low hid was awarded to Carlson Tree Service on May 29, 1979 ' and the trees were removed on June 6, 1979, and the removal cost assessed against the property taxes. • Hopefully, after reading the events that surrounded the removal of these 10 trees you will better understand the situation Mr. Kurland alleges caused the disease in his tree. I would also like to reiterate that this situtation was not the cause of his diseased tree based on: 1) The examination of the trees for beetle galleries in early May 2) The distance between the Kurland tree and diseased trees was 100' eliminating the possibility of root graft infection. Should you have any questions regarding this matter, please feel free to call me. Sincerely, :4..4 Q.jai' • • Stuart A. Pox City Forester • SAF:md cc: htohert A. Lambert, Director of Community Services Wolfgang R. Pen:cl, Mayor . Roger K. 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[P`. ' .' •♦ le' •w�',.4*•./.i._C.lrli•'Y.dn,Fx. tw1' -•ftt•^ ....'�-.___ WIA•. •j .''.. ♦ Fy IeIH 1•f't'.411.,et=•^ �..tt/J, � � s••.�;. -4 re ti N W Q-O.y„ W,4 tt N,67 ro:• 1 b ,/\/A.v.,,,9.1;.•/j'J.. F,• ; t..t _. S`e G• I e/Al .i fC 7f • U • w °rtEi i • • , 1'� rt' rOr►f • f O •' • • p r, a ro f i� moor •7 ° •..• p : �w ,.r r • rF w • P • • :ay OFFICES/8950 EDEN PRAIRIE ROAD/EDEN PRAIRIE.MINNESOTA 55344/TELEPHONE I8121937-2282 /' Ic#r_i�c{-i; August 22, 1979 Mayor Wolfgang H. Penzel 7236 Ticonderoga Trail Eden Prairie, Minnesota 55344 Dear Mayor Penzel: Recently, I received a letter from Robert Kurland of 10156 Laurel Drive which is the latest in the succession of letters and phone calls regarding the circumstances which "caused" his elm tree to contact Dutch elm disease. • Since a copy of the letter was mailed to you, I have enclosed copies of • letters'that I have received and written concerning this matter. Should you have any questions or need a clarification on any of the information, please call me. Sincerely, Stuart A. Fox City Forester SAF:md encl: • • EI41-- • • . • • & /Z,t!o(7q • • ` . .( • • • Decoder 6. 1979 • • Mr. Bob Kurland 10186 Laurel Drive Eden Prairie, KN 55344 • • Dear Kr. Kurland: I have talked to Jane Meyer concerning our telephone conversation of 12/4/79. The Shade Tree Program did not • reimburse the City of Eden Prairie for its costs of removing the diseased elm tree. The entire cost of • reroval was assessed to the property owner: IT WAS NOT ( , INCLUDED in the City's Reques% for.Paymant for 1979. Sincerely. MINNESOTA DEPARTMENT Of AGRICULTURE • • • Paul Scherman Grants Analyst • • PS:br • te: Stu Fox • • • • . • • di•13 • C C wy�Fox • Sfd )1"). A/lib • " 3�� / 10186 Laurel Drive J j Eden Prairie, MN 55344 December 11, 1979 • Mr. John Frane Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear John: On July 27, 1978, six trees on a vacant lot, Block 1 Lot 20, were marked as low risk trees. These trees were approximately 15 to 20 • feet from a large healthy elm tree in my back yard. At that time, notification was given to Windsor Development Company only to find out on December 7, 1973 that they did not own the property in question and that Hustad Development owned the property. On February 6, 1979, the City of Eden Prairie held a public hearing • preparing the way for removal of diseased elm trees from private land • in the event the land holders failed to comply with the diseased tree removal notice. I contacted Stuart Fox as to why the adjacent trees were not removed, and he stated that Hustad committed themselves to removing the trees by April 1. On April 1 Stuart called the Hustad office to find out the status of the trees. He was informed by • Hustad that the lot had been sold and that the new owner would be removing the trees in conjunction with his house construction. Stuart contacted the owner of the property on April 10. The owner stated he would be glad to remove the trees; however, he was not closing until May 2 and was reluctant to remove the trees before he legally owned the lot. The trees in question were not removed until • June 6. The City of Eden Prairie violated the state law (3MCAR/1.0111, Department of Agriculture, Page 7, Paragraph 3, Section ii) which stated that the trees must be removed no later than April 1. The City's concern over the new land holder's interest was in poor judgment. It is up to the individual to make sure there arc no liens or taxes on that property before he purchases the sane. If Stuart Fox notified the new owners of the situation and also removed • the trees by April'1, this would have been fair to the new home owners and also would have given a large elm tree in the back of n property a better chaneo of .urvivinr. the Dutch Elm Disease. • • -2- The City expects the citizens of Eden Prairie to uphold the letter of the law, and I expect the City to do the same. Attached is correspondence from Jane Meyer supporting this violation and an estimate for removal of the diseased tree in my back yard. Payment • can be made directly to Carlson Tree Service. He assured me that the tree would be removed in time not to violate the law and to prevent the spread of this terrible disease throughout our community. Thank you in advance for your full cooperation. Sincerely, KtY� Robert A. Kurland RAK/jm • Attachments 1 . o 6 co it co (\31. C''.' gi v N N T • t T Irir 0 y 1` r1 T „#'�f t it �i 'F1 1 Z P •1;,� n September 18, 1979 • a4CR ki1!fit 1l i!V ) � Mr. Bob Kurland ��,� 10186 Laurel Drive Eden Prairie, MN 55344 • c a cra �j Deaz Mr. Kurland: t5 f The rules governing the Shade Tree Program provided that a tree designated as a low risk tree may re- main standing beyond 20 days but must be removed by April 1 of the following year. The City of Eden i Prairie did violate that rule by allowing the trees to stand until June 6, 1979. I have informed Mr. i Fox of this. I am enclosing a copy of the rules for your reference. The section relating to low risk trees is found on (.7.cli3 .. page 7. 1.7 I hope this information is helpful to you. QSincerely, O i MINNESOTA DEPARTMENT OF AGRICULTURE ::.1 l e ‘ -47 At Jane Meyer ��_. Administrator o. DI _ ; JM:ch ` It' a) CA O d) • • ft,i:i i f) • (ILt6 .• • • • • • • • Department of Agriculture 3 MMCAR 11.0111 • all wood,logs,and stumps to be retained.Before making any inspection on • ( private property within a municipality,it shall be the duty of the munii• pality to give nolve of said nnpestmn to all affected residents and property • owners either through an individual oral or written notice,of by publishing said notice in a local newspaper. • (2) Each municipality shall inspect aft elm trees within a control • area at least three times during the mowing season(by June 15,July 15,and • August 15)for Dutch elm disease symptoms. For a control program to be • most effective,it is highly recommended that continuous inspections be Mitt. • • sted In those areas where the incidence of the disease is severe. • • (3) Due to a summer generation of elm bark beetles emerging in late July,the municipality's tree inspector shall be responsible for: (a) Visually identifying whether a tree infected with Dutch .. ' elm disease has extensive wilt or is only showing early symptoms of the • disease;and • (b) Categorizing trees infected with Dutch elm disease as either high risk trees or low risk trees • (i) I ligh risk elm trees shall be those trees that are dead, barren,or have extensive wilt (thirty(30)percent or more of the tree is • r witted).Such trees shall he identified•and marked in a distinctive manner to • indicate their high risk status prior to June 25.These high risk trees located on public property shall be removed within twenty(20)days of identifies. Lion;high risk trees located on private property shall be removed within twenty(20)days of notification of the property owner.Any high risk tree . Identified and marked after June 25 shall he removed within twenty(20) days of identification on public property and within twenty (20)days of • notification on private property. ( (ii) Low risk elm trees shaft be those trees that show early stages of infection in June or subsequently during the growing season with those symptoms not progressing beyond the thirty(30)percent wilting • point.Such trees shall be identified,marked,and removed betore April 1 of the fo0owing year.;Municipalities shall make every ecamnabtr effort to re• • move all low rjsk tices(nuttvase and_J+uhlic property within twenty i 20) . • dive of not ifKation.but in no case shall it he later than April 1 m hi,billow.., 'maw.Only methods of removal approved by the commissioner shall be utilized. (4) All dead or diseased elm trees.including any above ground parts thereof on private property which arc not removed within the tine periods provided for in these rules or within the time limits established by the municipality• if more stringent,shall he removed by the municipality • • within twenty(20)days and the costs thereof assessed against the property. (5) If upon application of the nsuntcipaIity the commissioner • 7 • • 4q ! . .. .... . . .......`s: a.:...•.41 ..a... , . • , . • • . . • 1, . . • . . • • • , JAMES CAR!.SON MOW.:8844125 CARLSON'S TREE SERVICE 14037 GLENHURST AVE.SO. SAVAGE,MN.55378 • Z . , • ALL WORK CASH, UNLESS PREVIOUSLY ARRANGED. We agree ie• (t.e."/Yen./ .2"te £;r .57--mte ,s....•••41,..4e. ' .4914.1.m1, "42,17-4 ',.3-: t, • Name Address AVI6 CZ; ,.47:1e4.4",“ • TERMS: ct,..torms swam • ••• • . • . . . , • .. •.lila • • • • • • - • • • • • • • • • January 23, 1930 • Roba:'t i Urland • 101dD :.aarel Drive E:ieu ?rairie Minn. • • • Dear Ur. Kurland: -: rer e:.ca:. - raae to: • a. C_ ..., I;aasor J • b. 0::. I:....;re3 C.tv of Eden Prairie c. Cl:.i.an- i:obe:: Ksricno • d. Date or�;;ccurrence 7/1G/79 • • i ...._ .is at_on reveals :ha`.. be City of Eden Prairie is not ..... _i.. Wit: ...a.. J.. 1_ a::_:a t:. .. _O." the. .a;2i..o..s . . d • • ,:a _7t: a_... diseised elms located un the vacant. lot in Sion% 1, • ;,a': 2D, Prairie. Laat wore uarkod on the date of 7/27/73. Efforts • by tha City .o contact the responsible property otin,er were properly „e. the tires had not been removed by April 1, 1979, the City personally inspected the trees and found no signs of beetle • ..l:c_ien in the upper portion of the trees. In essence, this indicai::d miniracl hazard to any healthy elm in the area. On May 1..;, 1979 the City contacted the buyer and found out that • hael not been completed as expected o. Hay 2, 1979 and • • wool subse:;ucntiy not be completed for aipro::inately another abn'ah. :,t this point, the City in :anticipation of the approaching "hatching", ..flowed bids for the removal of the 10 trees which was completed dune u, 1979, prior to the hatching period taking place in your area. • cauc:u of the death of your elms, althoug:. unfortunate, is not • • related to the fact that the low risk elms were not ruuove,i prior to Aj it 1st. Tale reasons I give for this include; 1. The personal inspection the City made to the lot • location of the low risk elms following.April 1st which disclosed these trees were not providing habitate for beetles to survive in. • V�('� • ' Robert Kurland • January 23, 19d0 P::go 2 2. Elm beetles have ability to fly after hatching, distances of a 1/8 to 1/4 mile to first feed on healthy trees and later to breed on dead elms. Since the beetles are highly mobile, those that affected your tree originally could have cone from a nunber of sources. 3. Dutch Elm Disease usually affects a tree the season prior to any symptom being exhibated by that tree such as wilting. In essence, your elm had already contacted the disease in 1978, but did not show evidence in a physical sense until 1979. to th a.',o:a ;:en .io:te_: facts I must rea-ectfully decline to rzc...r.t of this ciair.,. Any _e:tio r :,U -a, ..ave concern- _ *..le:.:se feel free to contact myself:. Very truly yours, Carol Horner ^i�lf Clai... ^.?resontativ, CH:sjh qSU • r • t MEMORANDUM TO: Mayor and City Council 1 Parks, Recreation and Natural Resources Commission TIIRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: January 31, 1980 • SUBJECT: Letter from Elliot Perovich, Metropolitan Parks and Open Space Commission Regarding Anderson Lakes and Bryant Lake Park On January 21, 1980, the Parks, Recreation and Natural Resources Commission roveiwed this letter regarding a proposal by the Metropolitan Parks and Open Space Commission to eliminate Eden Prairie as an implementing agency for regional parks, by offering to reimburse the City for all local funds invested in Anderson Lakes Park and Bryant Lake Park. The Parks, Recreation and Natural Resources Commission recommended to the Council "approval of turning over Anderson Lakes Park and Bryant Lake Park to the ilcnncpin County Park Reserve District and be eliminated as implementing agency for the • regional parks with the following conditions: 1. Bryant Lake Park stay in continuous operation. 2. The City of Eden Prairie be reimbursed for original local dollar input plus interest. 3. Consideration he made to construct an 8' asphalt bike trial along Anderson Lakes Parkway by the implementing agency prior to 1982. On January 22, 1980, the City Council reviewed the letter from Mr. Perovich. The Council voiced some concern regarding the development of Anderson Lakes Park. During discussions with representatives of the Metropolitatan Parks and Open Space Commission and the Park Reserve District it was pointed out that the City made a commitment in 1974 to develop Anderson Lakes Park as a nature study area with interpretive services. If the City accepts thi, prop,:•al. the Parks and Open Space Conmtission is saying that Anderson lakes Park in Eden Prairie wiII be named the Blacklock Interpretive Area and will develop this area as a nature study area, and will offer interpretive services in this area. Each of the three interpretive areas in the Park Reserve (Anderson lakes. Tierney's Woods and Hyland) will have interpretive services and a small scale facility. Thee will be a study to determine the location of a major nature center to 1,e located in one of these :areas iu the future; however, each area kill be prav;raninied as need dictates. The staff at Richardson could provide interpretive services in Anderson Lakes next year for specific programs. • -2- If any change is made to the park development plan at either Anderson Lakes or Bryant Lake it must be reviewed by the City Council and the Parks, Recreation and Natural Resources Commission. Another City concern is the control of boat access at Bryant Lake. The City still controls the use of the surface water of the lake by ord., but the implementing agency will control the only public access to the lake. The Metro Council has worked with the DNR and State Planning Agency to adopt a "Joint Water Access Program". This program sets priorities for acquisition of water access sites in the Metro area and provides rules and regulations for management of surface water to eliminate conflicts on lakes, improve water quality etc. This commitment by the Metro Council to work toward insuring a high quality recreational experience on Metro Arca Lakes should help to insure prevention of over crowded conditions on Bryant Lake. The City Council requested that staff provide information on the amount of money that will be received if the City approves this proposal. The amounts are broken down as follows: ANDERSON LAKES PARK LAWCON Grants Received Receivable 1968 (290) $78,100 1970 (343) 63,000 1974 (645) 11 (Amend 3167) 318,637.20 $56,362.80 $459,737.20 $56,362.80 LAWCON Total $516,000 State Grants 1968 $39,050 1970 46,500 ,°r- 1973 311,050 1974 145,300 Total State $541,900 Comity Grants 1968 $21,352 1970 15,468 Total County $36,820 t 1 eJ TOTAL PIiDER L, STATE, COUNTY GRANTS $1,094,820.00 TOTAL METRO GRANTS TO DATE 1,494,180.00 TOTAL COST OF ANDERSON LAKES 2,800,826.57 PARK TO DATE Ti1T. L COST TO CITY OF EDEN PRAIRIE • U152 • • • • -3- BRYANT LAKE PARK Received Receivable LAWCON Grants 1973 (604) (amend 3166) $533,000 $67,030 LAWCON Total $600,030 State Grants • 1972 $542,115 State Total $542,115 TOTAL FEDERAL, STATE GRANTS $1,142,145 TOTAL METRO GRANTS TO DATE 265,000 TOTAL COST OF BYRYANT LAKE PARK 1,384,384.37 TO DATE • TOTAL AMOUNT CITY OWES MLTHO $22,760.63 Staff recommends that if the City Council approves the proposals, that the City be reimbursed the following amounts: Anderson Lakes Park $211,826.57 City Costs 56,362.80 Receivable $268,189.37 Total. Bryant Lake ($22,760.63) City Owes Metro 67,030.00 Receivable $44,269.37 Total The City would collect $312,458.74 and would reimburse the Metropolitan Council • the $56,362.80 and the $67,030.00 upon receipt of those amounts from LAWCON. • The net reimbursement to the City for these two parks is $1S9,065.94. • • • • • 463 ' To: Mayor and Council From: John Frane Date: February 1, 1980 Re: Taxes on Bryant Lake and Anderson Lakes Park Property The taxes which would have been paid on these park properties to the City and the School if they had not been purchased for . park purposes would be about $150,000 as of December 31, 1979. /tAta' ..pi 6. ,-t by 1V6 • L //S x y" -/ ', Z Hn sw� ?QtioJ Mir/' 'J/4c., *14,4 Frft:,. ®.s M //S-' Jc / ,.T..pc--' X L A 73)o 'S 7a% - / 7, Iola O rro a — i/ a-ri /b •3 Y.r.L _ /( 0 JA4 SyAri • 3 h3)1,:L /` b/ 3 .W // 6 z/ 4 /67444.4., zi M,tu = , 0 3( 4 _-r! ff! X oa f 3 0•fare • • • MEMORANDUM TO: Mayor and City Council TIIRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: February 1, 1980 SUBJECT: Advertisement for Bids for Light Industrial Tractor The City Council approved $16,500 for purchase of a light industrialtractor • with bucket for the Parks Department for 1980. Attached is a copy of the • specifications for this tractor. Staff requests authorization to advertise for bids on this tractor. BL:md it • CITY OF EDEN PRAIRIE �f SPECIFICATIONS FOR INDUSTRIAL TRACTOR-LOADER GENERAL: These specifications cover the requirements for one new industrial tractor-loader which shall be a currently advertised 1980 model. The vehicle shall be equipped with all standard equipment as currently advertised by the manufacturer whether or not specifically covered in these specifications in addition to all equipment called for herein. ENGINE: SO net horse power minimum Diesel engine, 3 or 4 cylinder. TRANSMISSION: Minimum 4 speeds forward and 4 reverse speeds with hydraulic shuttle reverser or torque converter. BRAKES: Wet disk foot operated either individually or simultaneously. CLUTCH: Heavy duty, foot operated. ELECTRICAL: Battery: 12 volt 120 hour minimum, Alternator - 50 Amp minimum. PTO: 540 RPM continuous live PTO. • • HITCH: Category one three point hitch with anti-sway stabilizer and swinging draw bar. TIRES: 11L 25 8 ply flotation tires (front).. 16.9x24 R-3 turf treads 6 ply rear tires with fluid fill. CAB: OSHA approved all steel cab with roll bar protection. Heat defroster and pressurized blower with minimum 630 cu. ft. per minute capacity with replaceable filter. Front and rear wind- shield wiper, rear view mirror, super deluxe seat with seat belt and adjustable suspension. Movable back window and removable doors or half doors. •LOADER: Heavy duty loader with minimum 2500 lbs. lifting capacity at full height and minimum breakout force of 4000 lbs. with :VI yard bucket. The bucket shall be equipped with a level in.'.i:ator, loader must also have enough down pressure to lift front of tractor of the ground. MISCELLANEOUS: Power steering, differential lock, fenders, engine hounneter, horn, engine water temperature and fuel gauges, engine oil pressure and alternator charge indicators, front grill guard turn signals And four way flasher lights risible from front a:nd rear, two head lights in front and one working light on rear of tractor, cold weather starting aid. • -2- r FRONT AXLE: 7,000 lbs. working capacity minimum. DELIVERY: Delivery to be included in bid prices. It shall be delivered with cab fully mounted, winterized and fully operable. TRADE-IN: Bid price to include trade-in of Model 800 Ford tractor with front end loader. 1 • • • CITY OF EDEN PRAIRIE ADVERTISEMENT FOR BIDS 1980 Light Industrial Tractor Bids Close: 10:00 A.M. Tues., Feb. 26, 1980 NOTICE is hereby given that scaled proposals will be received until 10:00 A.M. on February 26, 1980, by the Director of Community Services and City Clerk, City of Eden Prairie, 8950 Eden Prairie Road 55344 (tel. 937-2262) for the following: • ..One new 1980 Light Industrial Tractor with equipment as per specifications. Specifications and proposal form may be obtained at the Community Services Department, City of Eden Prairie. Each bid must be accompanied by a bid bond for at least five percent (5%) of the amount of the bid, made payable to the City of Eden Prairie, which amount shall be forfeited to the City of Eden Prairie, Minnesota, as liquidated damages if the bidder, upon the letting of the contract to him, shall fail to enter into the contract so let. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed thirty (30) days after the date and time set for the opening of bids. No bid may be withdrawn for a period of thirty days (30) after the date and time set for the-opening of bids. Payment will be by check within 30 days of delivery, F.O.B., Eden Prairie. The City Council reserves the right to reject any and all bids and to waive minor irregularities and informalities therein and further reserves the right to award the contract in the best interests of the City. All proposals must be addressed to: City Clerk, City of Eden Prairie, Minnesota, and shall have endorsed thereon: BI11 FOR LIGHT INDUSTRIAL TRACTOR BIDS CLOSE: 10:00 A.M., Tues., February 20, 1980 ADDENDUM NO.'S INCLUDED Publish: Eden Prairie Community News BY ORDER OF CITY COUNCIL February 13, February 20, 1980 CITY OF EDEN PRAIRIE Construction Bulletin February S, rebruary 15, 1980 451 • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission • THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: January 28, 1980 SUBJECT: 1979 Tax Forfeited Lands Each year a number of parcels of property in Eden Prairie are forfeited to the State of Minnesota for non payment of real estate taxes. These parcels may be acquired for public use purposes pursuant to Minnesota Statutes 282.01. Subdivision I. If it is the intent of the Council to acquire parcels for public use purposes, this should be done by resolution stating the use to be made of the parcels. Attached is a list describing the parcels that were forfeited to the State of Minnesota in 1979, their estimated market value and the amount of unpaid taxes. Also, attached are copies of half sections showing the location of the parcels that have been forfeited. Staff recommends acquisition of all of the tax forfeited parcels for public use and recommends the Council approve Resolution No. R80-25. BL:md . • LI51 • I . CITY OF EDEN PRAIRIE / HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-25 RESOLUTION REGARDING APPLICATION FOR CONVEYANCE OF TAX-FORFEITED LANDS WHEREAS, the City Council of the City of Eden Prairie has received from the County of Hennepin a list in said municipality which became the property of the State of Minnesota for non-payment of real estate taxes, which said list has been designated as Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED, by said City Council, that the City of Eden Prairie desires to obtain title to said lands for road purposes: Plat 56708, Parcel 3410. For park purposes: Plat 56709, Parcel 0415; Plat 56844, Parcel 2800; Plat 56844, Parcel 4000; Plat 56864, Parcel 8000; Plat 56915, Parcel 1050. For future storm sewer and open space: Plat 57029, • Parcels 3750, 3800, 3850, 3900, 3950, 4000, 4050,; 4100, 4150 and 4200. ADOPTED, by the City Council of the City of Eden Prairie on this 5th day of Febraury 1980. Wolfgang H. Pcnzel, Mayor • ATTEST: John D. Franc, Clerk SEAL. 454 • • w.� ,,.*, CLASSIFICATION LIST NO. 657-NC ® ,,. $UBDIVI410N slat« 819a 1ppn wee i ( 1 EDEN PRAIRIE DISTRICT PLAT PARCEL ADDRESS PID 61 56708 3410 08-116-22-42-0002- '61 56709 0415 09-114-22-4:-0001 61 56844 2800 04-116-22-34-0001- 61 56844 4000 09-116-22-24-0003- 61 56864 8000 16020 Alpine Way 08-116-22-14-0060 61 56915 1050 15825 Park Terrace Dr. 04-11 4-116-22-34-0038 07 61 57027 8300 61 57029 3750 • 7630 Ontario Blvd. 09-116-22-33-0016 • 61 57029 3800 7740 Ontario Blvd. 09-11.-22-3:-00177 61 57029 3850 7756 Ontario Blvd.61 57029 3900 7760 Ontario Blvd. " 0018 " 0019 61 57029 3950 7768 Ontario Blvd. " 0021 61 57029 4000 7770 Ontario Blvd. " 0022 61 57029 4050 7778 Ontario Blvd. " 0022 ( 61 57029 4100 7780 Ontario Bivd. ' " 0024 61 57029 4150 7784 Ontario Blvd. a 0025 61 57029 4200 7786 Ontario Blvd. . /440 • • • UNPAID PINS NUMBER OWNER ACRES VALUE TAXES DESCRIPTION PURPOSE. 08-116-22-42-0002 W. Eggan Const. .1 $40.00 $1.76 This is a very narrow It would he helpful Plat 56708 strip of land on the east to own this property Parcel 3410 side of Co. Rd. 4, just in case extra right- north of the Oonyea of-way is necessary property. for widening Co. Rd. 4 in this location. 09-116-22-42-0001 Edenvale 10 $50,000 $2,544.94 A triangular piece of low-Open Sapec Plat 56709 land south of Valley View Parcel 0415 Road and west of the Northwestern Railroad tracks. 04-116-22-34-0001 Edenvale 6.4 $29,000 $1,200.52 This 8.4 acre parcel is Open Space Plat 56844 located east of Edenvale Parcel 2800 Blvd. directly across the road from Hipps Cedar Point. 09-116-22-24-0003 Edenvale approx. 414,400 $9,965.02 Edonvale Park site. Neighborhood Park Plat 56844 25 Located east of Edenvale Parcel 4000 Blvd., north of Valley View Road. Purgatory Creek is the western border of this site. • 08-116-22-11-0060 Ecklund and approx. $3,400 $112.26 Steep, wooded. unbuildable Public access to open Plat 56864 Swedland 1 acre lot on Alpine Way at the space along Purgatory Parcel 8000 intersection of Hillcrest Creek. 1` Lane. This parcel connects to City open space land to the east. 04-116-22-32-0007 Hagen and Mason approx. $8,000 $536.80 This parcel is located Public Open Sluce. Plat 56915 2 southeast of the cul-do- Parcel 1050 sac on Park Terrace Drive and north of the railroad tracks. Purgatory Creek meanders through the middle of this parcel. 09-116-22-33-0016 Eden Prairie 6 These 10 lots are located Future sturs,ewer through 33-0025 Realty sod Metre southwest of the temporary easement. Public Open Plat 57029 Contracting, Inc cul-de-sac on Ontario Blvd Space. Parcels 3750 3800 3850 3900 3950 ..4000 4050 4100 4150 4200 • • • qI • • FINANCE DIVISIONi; A603 Government Center `41e`, ( Minneapolis, Minnesota 55487 HENNEPIN • January 18, 1980 City of Eden Prairie John D Frane, Clerk 8950 Eden Prairie Rd • Eden Prairie MN 55344 Mr Frane; Enclosed is a Classification List of non-conservation land in Hennepin County. The described parcels forfeited to the State of Minnesota for non-payment of real estate taxes. As provided in Minnesota Statutes 282, we ask that your Council approve the public sale of these parcels. Parcels may be acquired for public use purposes pursuant. to Minnesota Statutes 282.01, Subdivision 1. if it is the intent of the Council ( to acquire parcels for public use purposes, this should be done by resolution stating the use to be made of the parcels. Please also make two separate certification lists as follows: 1. All special assessments cancelled at the time of forfeiture which may be reassessed after the property is returned to private ownership pursuant to Minnesota Statutes 282.02(also note:M.S. 429.07, Subd. 4; M.S. 435.23 and M.S. 444.076). 2. All special assessments that were levied after forfeiture pursuant to Minnesota Statutes 282.01, Subd. 3. We are asking that this matter be considered by your Council at its next meeting. After action has been taken, please return to us certified copies of the Caunc?1's action by `!arch 1, 1080. If,you have any questions you may contact us at 348-3734. Sincerely yours, Vernon T. Hoppe Finance Division Manager K By A. 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( ( ) 1 39(Z5)i` r �i)t \ 2 i .. •titan t r -/1 l 1� L, }� 4 14 •• 471. L fs5 • /4tl/Nei T. .t:t"%r 1 r_t.: .f1•G' • I. � 2;f .vrt:_ sff•2.th ,4 11(j )t)41{:...`dJ .• ±l/ • , - 14 • / ; +' v`,;C STATE - -5 -;' :. .w•, ' ' . / : /, t i . .•'1.•• \n1 L1 T'r ' ' «' • • • • • !• r MEMORANDUM 0 TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: February 1, 1980 • SUBJECT: Community Center Interview Process • On Wednesday, Janaury 24, 1980, the Community Center Committee met to review proposals submitted by 17 architectural firms to design the Community Center proposed for Round Lake Park. Each committee member had reveiwed all 17 proposals and had ranked the top 6 using a point system. Four firms were selected for further consideration. The firms are as follows: Armstong, Torseth, Skold and Rydeen, Inc. • Hammel, Green and Abrahamson, Inc. Smiley Glotter Associates BWBR Architects S The committee has selected Wednesday; February 6, 1980 as the date for intervicwinp the four architectural firms. Each firm will be alloted 45 minutes of interview time, 15 minutes for a presentation, 15 minutes for questions from the committee • and 15 minutes for general discussion between the committee and the architect. . • The committee decided that it might save time, in the selection process, if the • Council members and Commission members were invited to join in this Febraury • 6 interview. The interviews will be held at the Fire Hall Meeting Room located the corner of Mitchell Road and State Highway 5. Interviews will begin at 7:00 P.M. and • • should finish at approximately 10:00 P.M. BL:md • �7 • MEMO TO: Mayor Penzel and Members of the City Council THROUGH Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: January 30, 1980 . SUBJECT: Layout No. 76 (ALT) • Hennepin County 62nd St. Crosstown Project • No. 6839 • Hennepin County is requesting City Council approval of revised preliminary plans for the 62nd St. Crosstown Highway Project from 1-494 to Shady Oak Road, as Per Mr.Tangen's letter of 11/23/79. We recently met with Mr. Herb Klossner, who explained the proposed changes and the cost savings in- volved.Using box culverts rather than a bridge crossing at Nine Mile Creek will save approximately 1.5 million dollars in structure and grading costs. The only negative aspect of the proposed change we can see would be that any • future trail along Nine Mile Creek would have to pass through a long, small underpass or, as an alternate, go up the slopes and cross over the proposed Roland Road bridge, which would be preferable from a public safety standpoint. The City of Minnetonka has given approval to the revised Plans. Recommend City Council approval of Resolution No. R80-27 ti72 Feb. 5, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-27 RESOLUTION APPROVING LAYOUT NO. 7B (ALT) C.S.A.H. No. 62 E • WHEREAS, Layout No. 7B (ALT), Project No. 6839, showing the proposed improvement of County State Aid Highway No. 62 within the limits of the City has been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED, that said Layout No. 76 (ALT) be in - all things approved and that Hennepin County is hereby authorized by the City to acquire all rights of way, permits and/or easements required for said improvement in accordance with said Layout No. 76 (ALT). APPROVED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk in3 • 6 DEPARTMENT OF TRANSPORTATION • '" 320 Washington Av. South 7.1— . � Ho kins, Minnesota 55343 ��z••� ( HENNEPIN P 935-3381 November 23, 1979 Mr. Carl Jullie, Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 • PROJECT NO. 6839 CSAH 62 FROM FAI 494 TO CSAH 61 Dear Mr. Jullie: Attached is one copy of Layout and Profile No. 7B (ALT) dated November 5, 1979 and October 24, 1979, respectively. This alternate differs from our previous alternate, Layout 6 Rev., in that 2 - 5' x 10' box culverts would be placed in Nine Mile Creek, and CSAH 62 would • cross the creek on fill rather than on a bridge. The CSAH 62 profile has also been lowered so that Rowland Road would cross over CSAH 62. ( Approximately 200,000 C.Y. of fill is needed for the approaches to the bridges over the railroad tracks on Project 6312, CSAH 62 from CSAH 4 to I-494. This lower profile will provide enough fill material to construct these approaches. We are requesting City Council approval of the layout and profile and their authorization to acquire the necessary right of way. A sample resolution is attached. If you have any questions, please contact me at 935-3381. Sincerely, Don S. Spielmann, P.E. • Chief, Design Division By: v Tenner M. Tangen, P.E. Acting Chief, Design Division dws/lar att • HENNEPIN COUNTY on equal opportunity employer in 1 . Layout No. 78 (ALT) Project No. 6839 Profile No. 7B (ALT) C.S.A.H. No. 62 Estimate No. 1 • PRELIMINARY COST ESTIMATE GRADING, BASE, CONCRETE SURFACING, DRAINAGE, CULVERTS, & BRIDGE EST. ITEM TOTAL COST • GRADING $2,566,000.00 BASE, SURFACING, & C & G 1,551,000.00 DRAINAGE 395,000.00 TURF ESTABLISHMENT 63,000.00 CULVERTS @ 9 MI. CREEK 325,000.00 BRIDGE @ ROWLAND ROAD 417,000.00 TOTAL ESTIMATED COST* $5,317,000.00 • *DOES NOT INCLUDE ENGINEERING OR R/W COSTS ESTIMATE BASED ON 1979 COSTS THIS ESTIMATE INCLUDES EMBANKMENT CONSTRUC- TION FOR RAILROAD BRIDGES ON PROJECT NO. 6312 • dws/lar Computed By: KE , Checked By: Date: 11-28-79 keg' LAYOUT NO. 7B ALT PROJECT NO. 6839 !, PROFILE NO. C.S.A.H. NO. —sr— . PRELIMINARY COST PARTICIPATION ESTIMATE ESTIMATED COST ESTIMATED COST ITEM TO MINNETONKA TO EDEN PRAIRIE SIGNALS $47,000.00 $47,000.00 OTHER CONSTRUCTION $13,500.00 $13,500.00 (C & G & DRAINAGE) RIGHT OF WAY $11,500.00 $ 6,500.00 ENGINEERING COSTS $ 7,400.00 $ 7,400.00 ESTIMATED TOTAL COST $79,400.00 $74,400.00 DWS/KE:lar I1/30/79 tnb • • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jul lie, City Engineer • DATE: January 29, 1980 SUBJECT: Funding for 62nd St. Crosstown Project I-494 to Shady Oak Road As the Council may recall, the Crosstown Highway project has been reinstated on the Hennepin County Five Year Capital Improvement Program and is scheduled for construction in 1982, provided that suitable funding sources are available. Officials from the City of Minnetonka and ourselves recently met with repre- sentatives from the Transportation Advisory Board of the Metropolitan Council, which makes decisions relating to the distribution of Federal Aid Urban funds and Interstate Substitution funds. These representatives suggested that both Eden Prairie and Minnetonka pass resolutions requesting Hennepin County to make application for such funds even though the chances for approval are rather re- mote at this time. They did indicate, however, that if a project is ready to go it may take prescedence over other, higher priority projects which may be bogged down in plan approvals or environmcntal,problems, etc., The City of Minnetonka has passed a similar resolution and it is recommended that the Council adopt Resolution No. R80-28 requesting that Hennepin County proceed with Engineering design and apply for both Federal Aid Urban . and Interstate Substitution funding for the Crosstown Project. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( RESOLUTION NO. R80-28 RESOLUTION REQUESTING HENNEPIN COUNTY TO CONTINUE CONSIDERATION OF CONSTRUCTING THAT PORTION OF 62ND STREET CROSSTOWN FROM C.S.A.H. 61 (SHADY OAK ROAO) TO I-494, ANO URGE THAT THEY MAKE EVERY POSSIBLE ATTEMPT FOR FUNOING FOR THIS PROJECT. WHEREAS: Hennepin County does shown this portion of 62nd Street . Crosstown on their 5 year Capital Improvement Program as an unfunded project, and WHEREAS, the Hennepin County Board has authorized $67 000 to be spent in 1980 for acquisition of a portion of the necessary right-of-way for this construction, and WHEREAS, the Hennepin County Five Year Capital Improvement Program does show this for construction in 1981, and WHEREAS, the Eden Prairie Comprehensive Guide Plan shows said 62nd St. Crosstown as an important arterial in the transportation element, and WHEREAS, approximately 150 acres of industrial and residential prooerty in.. Eden Prairie in the near proximity of said 62nd Street Crosstown is on the threshold of development and is dependent upon this construction for proper access. and WHEREAS, said 2nd Street rrchwill e - relieve 2cogstionat the interangeofI494 and T T.H.H. 169-2 /T.H.5 WHEREAS, said 62nd Street Crosstown is shown as a part of the Metropolitan Highway System and lies within the 1-494 and I-694 ring, and • WHEREAS, an interchange has been constructed at the intersection of C.S.A.H. 61 and 62nd Street Crosstown that is not being utilized at this time, and WHEREAS, an interchange was constructed on I-494 at the proposed inter- section with 62nd Street Crosstown, which interchange is only partly utilized at present, and • WHEREAS, the Council has approved layout and profile No. 7B (All ), dated 11/5/79 and 10/24/79, respectively, which provide for the construc- tion of 62nd Street Crosstown between C.S.A.H. 61 and 1-404. and NOW, THEREFORE, be it resolved by the Eden Prairie City Council as follows:, 1. That the City Council will cooperate with the Hennepin County Board of Commissioners by giving required approvals to plans and agreements. q76 • • 2. The Hennepin County Board of Commissioners is urged to authorize completion of the preliminary engineering for this segment of 62nd Street Crosstown and authorize the acqui sition of the necessary right-of-ways. 3. The Hennepin County Board of Commissioners aut-orize the County Staff to complete the final plans for this segment of 62nd Street Crosstown. 4. That the Hennepin County Board of Commissioners authorize making applications for both federal aid urban and interstate substitution funds for this project. 5. The Hennepin County Board of Commissioners is urged to make every effort to let the contracts of this construction of this segment of 62nd Street Crosstown in 1982. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel ATTEST • ' SEAL John D. Frane, Clerk • • • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: January 31, 1980 • SUBJECT: Hennepin County Preliminary Plans for Co. Rd. 4 at Valley View Rd., Project No. 7928 I.G. 51-325 Hennepin County has submitted preliminary plans for improvements on Co. • Rd. 4 at Valley Veiw Road. The project includes a traffic signal at the Valley View Road intersection plus channelization for left turn lanes, which extends to W. 72nd St. on the north and to Westgate Trail on the • south. A copy of the complete preliminary plans is on file in the Engin- eering Dept. offices. We have a couple of minor changes in the plans which we will suggest to the County. Some right-of-way acquisition (10 foot strip) will be necessary along the east side of Co. Rd. 4 to accomodate the widening. • • The preliminary cost estimate for the project is $430,000, as shown on the attached breakdown. The proposed City share is $115,000. This cost to the City will be included in the Valley View Road project, I.C. 51-325. . • Recommend adoption of Resolution No. R80-30 approving the preliminary plans for alternate No. 1, Hennepin Co. Project No. 7928 and authorizing acquisition of right-of-way. CJJ:kh Attachment • • Feb. 5, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 1 : RESOLUTION NO. R80-29 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENTS FOR BIDS FOR VALLEY VIEW RDAD, I.C. 51-325, PHASE I • WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-325, Phase I, Improvements on Valley View Rd. west of Co. Rd. 4, limes Way and site grading at Round Lake Park. and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached • hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an • ( advertisement for bids upoj the,making of such improvement under such approved'nlans and specifications. The adver- tisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock AM. on Friday, Feb. 29, 198n, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, March 4,1980 , in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. • ADOPTED by the Eden prairie City Council on toolfnang H. Penzel, Mayor • ATTEST: SEAL • • John D. Frane, Clerk ��I • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. R80-30 RESOLUTION APPROVING PRELIMINARY PLANS FOR ALTERNATE NO. 1, HENNEPIN COUNTY PROJECT NO. 7928, COUNTY RD 4 AT VALLEY VIEW ROAD WHEREAS, Alternate No. 1, Project No. 7928 showing the proposed improvement of County State Aid Highway 4 at its intersection with Valley View Road within the limits of the City has been prepared and presented to the City. NOW THEREFORE IT IS RESOLVED: That said Alternate No. 1 be in all things approved and that Hennepin County is hereby authorized by the City to acquire all rights of way, permits and/or easements required for said improvement in accordance with said Alternate No. 1.. ADOPTED by the Eden Prairie City Council on this day • of , 1980. • • Wolfgang H. Penzel, Mayor ATTEST: • SEAL • John D. Frane,Clerk • • 162 • it DEPARTMENT OF TRANSPORTATION11 7y 320 Washington Av. South i, ( Hopkins, Minnesota 55343 TR 0/ HENNEPIN _FL_ 935-3381 • January 11, 1980 Mr. Carl Jullie Director of Public Works City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • Re: CSAH 4 and Valley View Road Alternate No. 1 - County Project 7928 • Dear Carl: Enclosed is one copy of Alternate No. 1 of the referenced project dated December 10, 1979. Also enclosed is a project data sheet outlining ( preliminary costs, traffic and accident information and other data. Note that the estimate does not include.the cost of'necessary improvements on Valley View Road. We request approval of this proposal and authority to acquire necessary right of way by formal city council resolution. Enclosed is a sample resolution. If you have any questions or comments concerning this proposal, please give me a call at 935-3381. Sincerely, k_.., -;:tz .,-,S)(.:4-(A. .t,.., .....____ Dennis L. Hansen, P.E. County Traffic Engineer DLH:pj Encls. cc: Herb Klossner Don Spielmdnn Vern Genzlinger Jim Wold • HENNEPIN COUNTY an aqua oppoflunay employer is • I ' DATA SHEET CSAH 4 @ VALLEY VIEW ROAD EDEN PRAIRIE PROPOSED IMPROVEMENT Reconstruct CSAH 4 to provide 2 thru lanes plus left turn channelization; and install a fully actuated traffic signal. The improvement will accommodate traffic generated by the 1980 opening of the Eden Prairie Senior High School west of the intersection. In conjunction with this project, Eden Prairie is extending Valley View Road to the west to serve as the main access to the Senior High School and to Round Lake Park. PRELIMINARY COST ESTIMATE ITEM HENNEPIN EDEN PRAIRIE TOTAL Mobilization $ 22,000 $ 3,000 25,000 Construction 224,000 11,000 235,000 Traffic Signal 15,000 45,000 60,000 Drainage 24,000 26,000 50,000¢11 R/W-Damages 30,000 30,000 60,000 2 TOTAL $315,000 $115,000 $430,000 • (1) Cost split approximated. (2) Cost for R/W-Damages on east side of CSAH 4 only. West side is City and School property. • TRAFFIC VOLUMES 1978 2000 CSAH 4: North of Valley View 5350 11,000 South of Valley View 8000 10,000 Valley View: West of CSAH 4 284* - East of CSAH 4 3439* 8,000** *Traffic Study No. 925 - Oct. 1979 **Hennepin County Transportation System Study ACCIDENT DATA YEAR PD PI F TOTAL ENTERING MDT ACC/MV* 1974 2 1 0 3 5700 1.44 1975 2 0 0 2 5800 0.94 1976 5 0 0 5 6200 2.21 9 2 0 34 3 Year (1974-1976) Average Accident Rate = 1.55 ACC/MV 3 Year 1974-1976) County Accident Rate for similar intersections = 0.80 ACC/MY *ACC/MV - Accidents Per Million Entering Vehicles j Data Sheet Page 2 CSAH 4 @ Valley View Road Eden Prairie SPEED LIMIT CSAH4 - 45MPH EXISTING TRAFFIC CONTROL - Two-Way Stop • TRAFFIC CONTROL WARRANTS Traffic control warrants not met at this time. Anticipate • warrants to be met after Senior High School opens in 1980. BJL:pj 12/11/79 4 • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad City Manager FROM: Carl Jullie, City Engineer DATE: January 31, 1980 ._ . SUBJECT: Selection of Engineering Consultant for Water Plant Expansion Pursuant to Council authorization on December 4, 1979, we have completed interviews with several consulting firms who propose to provide engineering services for the expansion of the City's water supply and treatment facili- ties. An interview committee composed of Water Superintendent Ed Sorenson, Building Official Wally Johnson, and myself met with and reviewed the pro- posals of six consultant engineering firms. The following criteria were used as a basis for our questions and evaluations: 1. Technical training and experience of those to be assigned to this project. 2. Successful completion of similar projects. 3. Project approach and timetable. 4. Preliminary project cost estimate and engineering fees. RECOMMENDATION Upon completion of the interview process and further review of all proposals, the committee reconmends that the Council select the firm of Black and Veatch Consulting Engineers, Kansas City, MO. The reasons for this selection are as"follows: A. This firm designed the City's existing existing water plant. well field and trunk watermain distribution systems, The same design • engineers and technical team that designed the existing plant are still employed by Black and Veatch and will be assigned to this project. B. The existing City water facilities, designed by Black and Veatch. are operating very well. trio • - 2 - •• C. this firm has an impressive list of completed water plant designs and has recently received national recognition for design of the new City of Duluth water filtration plant, designed for removal of asbestos fibers. The firm has been in business for 65 years and now has over 1500 engineers with degrees in all phases in engineering. D. The construction cost estimate ($2,610.000) and proposed engineering design fee ($155-185,000) are withing the limits anticipated„are reasonable and well thought out. It is further recommended that Black and Veatch be requested to prepare and submit for City Council approval a formal engineering services agreement for this project. Attached is a brief summary of each proposal listed in the order that the interviews were made. CJJ:kh Attachment • C qD1 1 f; INTERVIEW SUMMARIES( 1. Kirkam, Michael & Associates 7601 Kentucky Avenue North Minneapolis, Minnesota 55428 A total of nine qualification examples were given of water system im- provements. Of these nine, only two were lime softening plants. A majority of the design work would be done in Omaha, Nebraska, not their Minneapolis office. Not all design work would be done by their firm. Their proposal to expand settling basins and change the filter media rather than expand filters would load the filters and increase the chance of filter breakthrough or incomplete filtering. This method would not be acceptable and not consistent with the current operation practices of the water plant. Construction cost estimate: $2,850,000 Design fee: $128,000 2. Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, Minnesota 55113 A total of six treatment plant projects were given as qualification examples. Of these, three utilized lime softening. All mechanical, architectural, and electrical design would be done by other firms. Project approach consisted of adding one solids contact clarifier, and one of the two wells would be of the submersable pump type. This would create a sludge handling problem as aluminum sulfate (alum) would he added with lime and does not dewater in the sludge lagoons which would only compound the sludge removal problem. Submersable pumps of this size needed have a history of high maintenance problems. To work on the pump, it has to be removed by a well contractor. Construction cost estimate: $1,630,000 - 1,890,000 Design fee: not given - to be negotiated after selection 3. Short,_ Elliott, Hendrickson, Inc. ?353 Rice Street St. Paul, Minnesota 55113 A total of eleven water facilities and studies were given as qualification ( examples. Of these, two involved lime softening with one as a study only. Their last experience with lime softening design was in 1965. • All mechanical, structural and architectural design would be done by other • • firms. Construction cost estimate: $2,345,000 Design fee: $174,000 - 183,000 4. Tolz, King, Duvall, Anderson & Associates, Inc. • T408 Pioneer Building St. Paul, Minnesota 55101 A total of thirteen water facilities and studies were given as qualifica- tion examples. Of these, none included lime softening. Sewage treatment facility experience was stressed. Largest consulting engineering firm in the state of Minnesota, but no cur- rent experience with lime softening water plant. Project approach would be to duplicate the treatment process existing. No future provisions for additional plant expansion were noted. Construction cost estimate: $4,400,000 • Design fee: $290,000 5. Black & Veatch Consulting Engineers Kansas City, Missouri A total of over 100 water treatment plants have been designed by this firm varying in size from .3 to 320 MGD. Totally familiar with existing plant and_the features designed in for future expansion. Familiar with soil conditions and soil corrections already made in anticipation of future expansion. Same design team available. Existing facilities and treatment process work well. • Construction cost estimate: $2,610,000 Design fee: $155,000 - 185,000 6. Rieke, Carroll, Muller Associates, Inc. 1011 First Street South • Hopkins, Minnesota 55343 Our expansion project would be their first attempt at a lime softening plant. Qualification examples include water wells, iron and manganese removal plants, ion exchange, and reservoirs. Like some of the other firms, RCM proposed to consider a change in the basic treatment proceedure which would save construction costs, but increase 0 & M costs, plus make the treatment process very susceptible to changes in raw water quality. Construction cost estimate: $2,930,000 (adds 4 MGD) Basic Plan 2,730,000 (adds 6 MGD) Alt. 1 3,380,000 (adds 8 MGD) Alt. 2' Design fee: Hourly rate, not to exceed $140,000 total. • • To: Mayor and Council From: John Frane Date: January 29, 1980 Re: Consideration of Industrial Revenue Bond Requests The attached statement, while not "guidelines" is the sense of a set of rigid rules, is intended to convey the idea that the City will certainly not authorize I.R. issues without considerating the effect of the proposed project on the City both in the short and long run. This statement could be used as the text for a cover letter addressed to I.R. bond applicants anti attached to the application forms which are presently used. • 440 • • • • • Industrial Revenue Bond financing provides a community with the ability to increase employment and assessed value. The benefits of these bonds may also accrue to the persons owning and/or occupying the project and to the holders of the bonds themselves. • Recognizing that the above benefits may vary from project to project, the overall benefit to the community is a factor which may be given consideration when the City evaluates requests. Projects which are to non-owner occupied, in all or part, should be carefully • documented as to employment, committed leasee6 and-the term of the leases, and the financial statements and business experience of the applicants. Public offerings will be considered only where the proponent demonstrates a satisfactory history of past business success and future potential. Proponents should demonstrate what impact, if any, their project will have on existing enterprises in the City. Proponents have a twelve month time from the date of preliminary approval to secure final approval from the City. Extension will be considered when properly documented as to need and current circumstances. • • • • • (HI • • Lt' To: Mayor and Council From: John Frane Date: February 1, 1980 Re: Tax Increment Financing-Computations using known projects • Market Value as of 1/1/79 as of 1/1/80 as of 1/1/81 as of 1/1/82 (taxes payable (taxes payable (taxes payable (taxes payable 1980) 1981) 1982) 1983) Super Valu 675,000 1,000,000 7,000,000 7,000,000 Mennard 677,000 677,000 1,500,000 1,500,000 Suburban Nat'l Bank 212,900 212,900 1,000,000 1,000,000 Hartford 600,000 600,000 4,000,000 6,000,000 Covenant Living 1,450,000 1,450,000 5,000,000 10,000,000 Gelco 4,100,000 5,222,000 12,100,000 12,100,000 7,715,500 9,161,900 30,600,000 37,600,000 Taxes available to finance bonds sold 1983 and 1981 1982 thereafter Market Value 9,161,900 • 30,600,055 37,6b1,000 Less Base Value 7,715,500 7,715,500 7,715,599 "captured" value 1,446,400 22,884,500 30,184,500 times 43% to get assessed value 621,900 9,840,000 12,979,000 times 70% to allow for fiscal disparities 435,000 6,888,000 . 9,086,000 times 100 mills X .100 X .100 X .100 • equals amount available for bond payments $43,000 $689,000 $)09,utU Which allows the City to finance 400,000 + 6,400,000 + 2,200,000= improvements totaling "•1011•I' • New values would be needed to finance additional bonds uq2 • The effect of using $10,000,000 in assessed value to finance bonds is computed as follows: 1st year effect Estimated 1990 'lax levy divided Tax levy divided City tax rate: by assessed value=Mills by assessed value=Mills If Bonds are sold 1,825,000 3,650,000 - 16 - 16.90 108,000,000 - 99 216,000,000 No Bonds sold 1,825,000 3,650,000 118,000,000 15.47 226,000,000 - 16.15 City difference (Mills) 1.43 0.75 School tax rate:* If Bonds are sold 2,395000 4,790,000 c 168,000,000 = 22.18 216,000,000 = 22.18 • No Bonds sold 2,395,000 _ 20.30 4,790,000 = 21.19 118,000,000 - 226,000,000 School difference (Mills) 1.88 .99 Total difference (Mills) 3.31 1.74 Using a rule of thumb that $1,000,000 in new assessed would support $1,000,000 in bonds the effect on a $60,000 home can be computed. • 1st year Estimated 1990 $4.73 .'.•i) *The computations for the school excludes the mill rates fixed by state law. These rates have no effect on the above computations or on the amount of money the school receives from all sources for education. Schools are allowed so many dollars per pupil for education; the state makes up the difference between the total allowed and the amount raised by the fixed mill rate. • 1143 • Proposed Transportation Projects in the MCA to be financed through a tax-increment district. 1. Schooner Blvd. - 1-494 underpass and extension from W. 78th St. to Co. Rd. 39 $6,500,000 2. Ramps and bridge widening - Valley View Rd. to 1-494 (1/2 diamond to north) $2,500,000 TOTAL $9,000,000 • • yqy • • �• January 31, 1980 TO: Roger Ulstad FROM: Keith Wall / ...) Det. Rick Rabenort has conducted an investigation of the possible illegal use of mechanical amusement devices by Lion's Tap. Both he and Larry Skoglund agree that the present use of a game called "Split Second" by this establishment is not contrary to city ordinance or State Statute in spite of the fact that small prizes are awarded. I will provide you with a copy of the complete investigative report if you would like to review it. t. • • • • 445 • • CITY OF EDEN PRAIRIE • CLERK'S LICENSE APPLICATION LIST • February 5, 1980 • CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Condor Corporation Blaylock Plumbing Co. Peter Dukinfield Co. Consolidated Plumbing•& Heating Co. Genz-Ryan CONTRACTOR (1 & 2 FAMILY) Groth Water & Sewer • Jerry's Mechanical, Inc. K. Wayne Arms Jim's Plumbing Service Big Bear Construction Lance Coppin Sewer & Water Larson & Co. Metropolitan Mechanical Contractors Kenneth D. Lenzen Pokorney Plumbing Orrin Thompson Homes Rivard Plumbing & Heating Co. • Shaffer Construction, Inc. Thoen Plumbing, Inc. Woodsmen Construction, Inc. Thompson Plumbing Co. Wenzel Plumbing & Heating GAS FITTER KENNEL LICENSE (PRIVATE) Consolidated Plumbing & Heating Co. • Farmers Heating & Cooling, Inc. Charles Gould Jerry's Mechanical, Inc. Metropolitan Mechanical Contractors FOOD HANDLERS TYPE A Joseph E. Venopal Wenzel Plumbing & Heating Chester's Family Restaurant Ltd. Inc. HEATING & VENTILATION RETAIL CANDY Consolidated Plumbing & Heating Co. Chester's Family Restaurant Ltd. Inc. Farmers Heating & Cooling, Inc. • Jerry's Mechanical, Inc. CIGARETTES & TOBACCO • Metropolitan Mechanical Contractors Pokorney Plumbing & Heating Chester's Family Restaurant Ltd. Inc. Thoen Plumbing, Inc. MECHANICAL DEVICE THEATRE (DRIVE-IN) Lion's Tap Northwest Cinema Corporation These licenses have been approved by the department head responsible for the licensed activity. Cindy M. Plante, Licensing Clerk �9(0 ,