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Home My WebLink AboutCity Council - 02/19/1980 EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 19, 1980 7:30 PM, CITY HALL • COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney • Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL • I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL SPECIAL MEETING HELD MONDAY, FEBRUARY 11 Page 497 1980 III. CONSENT CALENDAR A. Set Public Hearing for Norseman Industrial 4th Addition for Page 500 March 18, 1980 B. Set Public Hearing for Sunset Trails for March 18, 1980 Page 501 C. Set Public Hearing for Rymarland Camp 2nd Addition for March Page 502 18, 1980 D. Set Public Hearing for Gonyea PUD for March 18, 1980 Page 503 E. Clerk's License List Page 504 F. Preliminary plan approval for T.H. 169 widening and bridge replace- Page 505 ment from Leona Road to CSAH 60, Mn/DOT, Project SP 2744-36 --(Resolution No. 80-36) • G. Engineering Service Agreement with Black & Veatch Consultants Page 508 H. Resolution No. 80-39 for no parking on proposed Valley View Road Page 515 West of County Road 4, I.C. 51-325 I. Set Public Hearing for Preliminary Approval for Municipal Page 517 Industrial Development Bonds in the amount of $300,000.00 for Alston and Jean Lundgren J. Set Public Hearing for Preliminary Approval for Municipal Page 525 Industrial Development Bonds in the amount of S4,080,000.00 Tor Steven aria—Bruce Hoyt IV. PUBLIC HEARINGS y A. Request for Municipal Industrial Development Bond approval for Page 526 �7, �11e Tekcom Projrties in tho fount of S1,2.50,000.00 (Resolution No. 80-21l Continued from January 22,E 980 B. Request for Municipal Industrial Development Bond approval for Page 528 S.K.S. Properties in the amount of 31,000,000.00 (Resolution 16=r No. 80-22)p Continued from January 22, 1980 • • City Council Agenda - 2 - Tues.,February 19, 1980 V. PAYMENT OF CLAIMS NOS. 7333 - 7588 Page 529 ( VI. REPORTS OF ADVISORY COMMISSIONS VII. DRDINANCES & RESOLUTIONS f A. Resolution No. 80-35, granting final Approval for Municipal Page 535 Industrial Development 8onds in the amount of $1,075,000.00 for Eggerichs & Hanson (Crown Plastics Project) B. Resolution No. 80-34, granting final approval for Municipal Page 536 Industrial Development 8onds in the amount of $2,975,000.00 for Anderson Lakes Partnership R. Page 537 C. Ordinance No.71-4].S allowi the sale of liquor on the days of • "special" elehions ?. Page 539 D. Resolution No. 80-33, approving the City of Eden Prairie participation in the Hennepin County Cooperative Purchasing Program Deferred Compensation Plan VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for an extension of the developer's agreement for Page 101 Master's Condominiums for 1 year (Continued from February 5, 1980) ( IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members ik Report of City Attorney J Report of City Manager D. Report of Director of Community Services • Al, Park Use Ordinance '' ,- Page 547 . .--' . Approve Contract for Hiring Architect for Community Center Page 557. r '' At r Swedlund Property on Riley Lake Page 559 .1 , Approval of plans and specifications for grading Homeward Page 567 Hills Park E. Report of City Engineer itSet hearing for vacation of a Public Roadway in Section Page 568 1-116-22 (Resolution No. 80-37) r+•`" ir . Receive feasibility report and set hearing for improvements Page 576 on W. 74th Street, Norseman Industrial Park 4th Addition, I. C. 51-359 (Resolution No. 811-38) City Council Agenda - 3 - Tues.,February 19, 1980 F. Report of Finance Director 1. Report from Ehlers & Associates on sale of park bonds Page 577 X. NEW BUSINESS XI. ADJOURNMENT. .41'4- -7/ / ,ter_ �. ! 4 .7,, UNAPPROVED MINUTES • EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING 47 MONDAY, FEBRUARY 11, 1980 7:30 P.M., CITY HALL COUNCIL MEMBERS PRESENT: Wolfgang Penzel, Mayor; Dean Edstrom, Dave Osterholt, Sidney Pauly, Paul Redpath, STAFF PRESENT: Roger K. Ulstad, City Manager Robert A. Lambert, Director of Community Services OTHERS PRESENT: Jerry Wigen Mayor Penzel called the meeting to order at 7:30 P.M. Fenzel explained that after the February 6, 1980 meeting, when the final four architectural firms made their presentation, he requested Lambert to contact the four firms and have them submit a letter regarding their cost estimates of the facility. Penzel requested the Council review each of these letters. Osterholt questioned whether or not the 2 Council members not present at the February 6 meeting should have an opportunity to interview the architects. Penzel felt that if they were going to be asked back, it should be narrowed down to two firms. At this point, Penzel gave a brief summary of each of the presentations from the February 6 meeting. ( Lambert gave a brief summary of the four firms that were interviewed at the February 6 meeting. • BWBR: Good background in ice arena facilities. Felt they could build within the 1.5 million dollar budget. Smiley Glotter: 39,000 sq. ft. with a 2.6 million dollar total cost. Hammel, Green, Abrahamson, Inc.: Information basically the same as in the brochure. ATSR: They have done only 1 ice arena - have a good record on pool facilities. Lambert made a brief report on each of the letters received from the architects in response to the following two questions: 1. How many sq. ft. the pool and ice arena would be and the cost per sq. ft. 2. What can you build for 2.5 million? The response from the questions ranged from 12,600-19,6000 sq. ft. for pool 0 $65-$76/sq. ft. 28,000 -34,000 sq. ft. on ice arena @ $45-$48/sq. ft. 49? 1 ( CITY COUNCIL SPECIAL MEETING -2- February 11, 1980 Estimated costs for the facility as per our current program: ATSR - 3.6 million dollars Hammel Green and Abrhamson, Inc.-2.6 million dollars total estimated cost BWBR - 2.25 million dollars Smiley Glotter Associates - 2.560 million dollars Redpath suggested the possibility of going first class with the pool facility with an ice sheet in the arena area. He felt it was better not to reduce the size of both the pool and arena• It is possible to rake additions to ice area later but would not'be possible to enlarge the pool. Edstrom questioned if we go with 36,000 sq. ft. are we leaving out important space. Lambert said he felt that everything in the facility would be on a smaller scale. Penzel felt the size of the facility can be very useable (small or large) depending on how well the facility is designed. Lambert indicated that he feels that everyone involved would be sorry if we scale the facility down so that the pool is not functional as a community pool, and that the arena would be too small for any spectator events. He would rather have the Council consider completing the pool as per our existing proposal, 25 yards x 25 meters, and build a quality building even if it means just constructing the building shell for the ice arena at this time. The ice making equipment, seating, etc. could be installed later if necessary. Penzel had discussed the tight budget with John Frane, Financial Director, Frane felt that to sell the bonds in the spring, the first payment would not be due until 1 year later and the interest would allow for a potential 5-10% flexibility. Ulstad felt it important that the Council be convinced that the architect chosen can do the job we want them to do. He felt the Council should make it firm and clear what the budget is and be convinced that the architect will design the best facility for our community. Osterholt felt it would be helpful in making a decision on an architect to visit some of the facilities in the area each of the 4 firms have completed. MOTION: Redpath moved to authorize staff to negotiate with Smiley Glotter Associates,to draw up a contract that will include all of the City's concerns. Edstrom seconded. DISCUSSION: Osterholt felt he would be more comfortable with a decision after looking at some of the facilities the architects have done. Edstrom questioned the possibility of looking at facilities on Tuesday and have another meeting on Thursday night. Penzel said he could not visit in the next week and that arrangements should be made with each facility if visits were to be made. He felt this would slow down the selection process. Edstrom questioned what would • be gained by visiting facilities. Wigen felt that we cannot get any more exact cost estimates until we know more exactly what we want, the architects are dealing with only estimates at this point. U9/ • • I CITY COUNCIL SPECIAL MEETING -3- February 11. 1980 Ulstad felt it important to review with the City Attorney as how to design the contract with the architect. Lambert questioned hourly fee or a flat fee. Ulstad felt this could be contracted on the bid - change orders are where the problem comes in. Vote: Motion passed 4-1 with Osterholt voting nay. Report on Sewer and Water Lambert reported that water is available within 50' of the site. To dump into the sanitary sewer approximately 13,000 feet of piping is necessary at an approximate cost of $30-$40,000. 4" sanitary sewer is stubbed in and a 12" strom sewer is stubbed in at the 912 contour. Also, if the building is away from the school it is possible to make connection with a couple of lift stations costing approximatley $20,000. Report on Bond Sale Ulstad referred to the letter from William Fahey regarding the sale of bonds. Fahey suggested that the bond offering tentatively scheduled for February 19 should be definitely cancelled and rescheduled because of the poor bond market at this time. Ulstad checked with John Franc and reported that there has been no advertisement and the bonds cannot be sold on February 19th. MOTION: Redpath moved to adopt Resolution #80-32 to recind previous authorization to receive bids on February 19, 1980. Pauly seconded, motion carried unanimously. Meeting adjourned at 9:30 P.M. Respectfully Submitted, Marlys Dahl Recording Secretary • • 119°1 Phone: 933.1)44 FEB 14 1980 HERLEIV HELLE 6138 Arctic Way Edina,Minnesota 55436 February 13, 1980 City of Eden Prairie City Manager, Roger Ulstad Members of City Council Gentlemen: This is a request for setting a date for public hearing regarding rezoning for Norseman Industrial Park, 4th Addition which was approved by the City Planning Commis— sion on February 11, 1980. Sincerely urs, ' Herleiv Belle HH:ca • 500 • February 13, 1980 CITY CWNCIL Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, MN' Dear City Council: We request that you set a public hearing for our proposed subdivision, Sunset Trails, at the earliest possible date. Thank you. Sincerely, CountrySide Investments Inc. J, Swenson resident / 2 50/ v L --ACOMBSKNUTSON ASSOCIATES, INC. 3))1)) CONSULTING ENGINEERS f LAND SURVEYORS at SITE PLANNERS Reply To: 12800 Industrial Perk Uoulevard Plymouth.Minnesota 5501 18121558 3700 February 13, 1980 Chris Enger - - City Planner City of Eden Prairie 8950 County Road 4 Eden Prairie, MN 55343 Subject: Milt Quam Rymarland Camp 2nd Addition Dear Mr. Enger, Our client, Mr. Milt Quam, requests a City Council Public Hearing for the rezoning and preliminary plat approval of Rymarland Camp 2nd Addition at the next City Council meeting. Please contact us if you need any other information. Very truly yours, MCCOMBS-KNUTSON ASSOCIATES, INC. Dickman C. Knutson DCK:ch #5370 ns Minneapolis-Hutchinson-A1exandrla•Granite Falls HOWARD DAHLGREN ASSOCIATES t �6 10 INCORPORATED fCONSULTING PLANNERS ONE GROVELANO TERRACE MINNEAPOLte,MINNESOTA 55403 Ott•317-3634 14 February 1980 Honorable Mayor and Members of the City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Honorable Mayor and Members of the City Council: • We respectfully request that a public hearing be held concerning the Gonyea Investment Company PUD Concept Plan. We have met several times in the past with concerned neighbors and the Eden Prairie Planning Commission. In addition, more traffic information has been completed since the project passed through the Planning Commission several months ago. • We would like to present our project to you on 18 March 1980. Thank you for your consideration. Yours truly, HOWARD DAHLGREN ASSOCIATES, INC. G. Qclik1;654\._.- C. John Uban 03 CITY OF EVEN PRAIRIE CLERK'S LICENSE APPLICATION LIST February 19, 1980 CONTRACTOR (MULTI-FAMILY & COMM.) WATER SOFTENER Lance Bartlett, Inc. Commers Soft Water Co. Condon-Naegele Realty Construction 5, Inc. CIGARETTES & TOBACCO Hobco Construction Inc. Thomas 0. Klingelhutz The Coffee Mill, Inc. Richard Miller Homes, Inc. Superamerica Jim Sackrison Construction Inc. Viking Pioneer Inc. CONTRACTOR (1 & 2 FAMILY) FOOD HANOLERS TYPE A Aspen/Gustafson & Assoc. Swiss Colony Capp Homes Oivision of Evans Products The Famous Chocolate Chip Cookie CO. Fetz Construction, Inc. Windsor Oeveolopment Corporation F000 HANOLERS TYPE C GAS FITTER Baskin-Robbins 31 Flavors Comfort Heating Domestic Heating Co. RETAIL CANOY OUTLET HEATING & VENTILATING Fannie May Candy Shops Comfort Heating MECHANICAL OEVICE Domestic Heating Co. Egan & Sons Company Genghis Khan of Sapporo Sand Mechanical Inc. PLUMBING Egan & Sons Company Key Plumbing & Heating, Inc. Midwestern Mechanical Penn Plumbing Richfield Plumbing Co. Sand Mechanical Inc. Oale Sorenson Co. Southtown Plumbing Inc. These licenses have been approved by the department head responsible for the licensed activity. Cindy M. Plvit.e, Licensing Clerk 50L/ MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 13, 1980 SUBJECT: Preliminary Plan Approval TH 169 - Leona Rd. to Co. Rd. 60 . SP 2744-36 I.C. 51-373 MN/DOT has submitted for City Council approval preliminary plans for widening T.H. 169 from Leona Rd. to Co. Rd. 60 (Valley View Rd.). The project will also include a new bridge section and modification of the existing bridge at 1-494. The estimated cost is 2.1 million dollars and letting is scheduled for March, 1981. The City's share of the project cost-is not yet determined, but will be addressed in the formal cooperative agreement which MN/DOT will prepare for City approval. An opportunity for public hearing was offered by MN/DOT for this project but there were no responses from the public and therefore a formal public hearing for the project is not required. The City's share of the project cost should be minimal and can be funded from State Aid allotments. Recommend Council approval of Resolution R80-36, giving preliminary plan approval to State Project SP 2744-36, T.H. 169. CJJ:kh • • Minnesota '� 'Q Department of Transportation eet ( i ! District Five '4rOFTRp`'� Golden Valley,5801 Duluth rMinnesota 55422 (612)545-3761 November 16, 1979 Mr. Carl J. Jullie, P.E. t Director of Public Works , . ,` City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 SP 2745-25 TH 169 Between Leona Road and CSAH 60 in Eden Prairie Layout 1, City Approval Dear Carl: Attached herewith are two copies of the preliminary layout and form of resolution for approval by the City Council. The primary objective of this project is to replace Bridge Number 9738 (TH 169 over I-494) with a new bridge that will accommodate a wider roadway width and meet current bridge design standards. The project also includes widening of TH 169, channelization, tura lanes, raised medians, revisions to the inplace signal system and curb and gutter as needed. There will also be additional right of way required for construction. We understand the city will acquire the necessary right of way for the project. There will also be normal participation expected from the city on any curb and gutter and storm sewer if necessary, and also minimal cost for revision of the signal at the West 78th Street intersection. This project is currently scheduled for a March 27, 1981 letting barring any unforeseen difficulties. Estimated cost of the project is 2.1 million dollars. Please note that we have offered an opportunity for public hearing which will be completed on December 3. If you have any questions in regard to the project, please feel free to call me at 545-3761 extension 119. Sincerely, �'_ LSD%:1 7 Evan R. Green ( Project Manager ERG:bn An Equal Opportunity Employer • • • • • • Feb. 19, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-36 PRELIMINARY LAYOUT-APPROVAL LEONA ROAD TO VALLEY VIEW ROAD (.C. 51-373) WHEREAS the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of part of Trunk Highway No. 5 renumbered as Trunk Highway No. 169 within the corporate limits of the City of Eden Prairie from Leone Road to Valley View Road and seeks the approval, thereof, and WHEREAS said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled and • identified as Layout No. 1, S.P. 1744-36 (169=5) from Leona Road to Valley View Road. NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway with'the corporate limits be and hereby are approved. • ADOPTED By the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk • • r MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 15, 1980 SUBJECT: Black & Veatch Engineering Agreement Water Plant Expansion I.C. 51-354 The attached contract for engineering services with Black & Veatch, Consulting Engineers, is submitted for Council Approval. Payment for basic services will be on a per hour basis (payroll cost x 2) for man hours required, not to exceed $180,000. Resident inspection costs will be billed at payroll cost x 1.6. Payroll cost equals salary + 25%. We have reviewed this contract and recommend approval thereof and that the Mayor and Manger be authorized to execute the agreement. CJJ:kh attachment • • • 5051 BLACK & V E A T C H TEL t913>967•2txio CCONSULTING ENGINEERS TELEX 42.6263 000 MEADOW LAKE PARKWAY MA,LINO ADOKtit,P.O.PDX NO.t.W5 KANSAS CITE, MISSOURI 64114 CONTRACT FOR ENGINEERING SERVICES THIS CONTRACT, executed in duplicate this day of , 1980, between the City of Eden Prairie, Minnesota, hereinafter called the City, and Black & Veatch, Consulting Engineers of Kansas City, Missouri, herein- after called the Engineers; WITNESSETH: That in consideration of the mutual covenants herein contained, the City hereby agrees to employ the Engineers to perform the services herein- after outlined in connection with a 4.0 million gallon a day expansion to the Eden Prairie Water Treatment Plant, and agrees to pay them for such services according to the schedule of fees herein contained. SECTION I - SCOPE OF SERVICES The services the Engineers agree to perform are as follows: A. Design Phase Services. 1. Make the necessary field studies and investigations. 2. Consult with State and Federal agencies concerning the project to determine their requirements. 3. Provide assistance and guidance in obtaining soil borings and other exploratory work. 4. Determine the location, size, capacity, arrangement, and other general requirements and prepare detailed drawings and specifications for the proposed improve- ments to the water treatment facilities including the following: a. Water supply wells No. 4 & 5 and collector line. b. Water plant site work including chemical and fil- ter building addition, settling basins, and mechanical, electrical and instrumentation work. c. One million gallon storage reservoir. d. Lime sludge lagoon. 5. Prepare an estimate of probable construction cost for the proposed work covered by the drawings and specifications. 1 509 • I BLACK a VEATCH 6. Submit drawings and specifications to the Minnesota Department of Health for review. l 7. Prepare bid forms and notices to bidders. B. Construction Phase Services. 1. Issue drawings and specifications to prospective bidders. 2. Assist the City in evaluating bids and make recom- mendations concerning award of contracts. • 3. Assist the City in preparation of conforming copies of contracts. • 4. Review drawings and data submitted by construction contractors for general conformity to contract drawings and specifications. • 5. Make periodic visits to the site of the work during construction and consult with the City concerning progress. 6. Revise construction drawings to conform to construction records and provide one set of the revised prints to the City. C. Resident Services During Construction. (Only as requested and authorized by the City.) 1. Furnish a full-time resident engineer and such assistant resident engineers as may be required on the work who will assist and offer general guidance in establishing horizontal and vertical control points, the interpreta- tion of the contract documents, and the making of field checks of materials and equipment. 2. During the course of the contractor's performance of the job, the resident engineer will conduct on-site observations of the general progress of the work and will consult with the City and the contractor and give his opinions and suggestions based on his observations as to any defects or deficiencies in the contractor's work nrrelating lating todcom- pliance with drawings, specifications, planning concepts. The resident engineer shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafeactices or torn conditions, operations, equipment, or personnel employees of the Engineers. This service will neither 2 510 • BLACK & VEATCH relieve the contractor of complete supervision of the work nor of his obligation for complete compliance with the drawings and specifications. The contractor shall have sole responsibility for safety and for safe practices or unsafe practices or conditions. 3. The resident engineer will also prepare all routine and final payment estimates for guiding the City in payments to the contractor and will report regularly to the City and to the Engineers concerning the progress and quality of the work. 4. The actual time that the services of the resident engineer will be required and the number of assistant resident engineers and their duration of service will be determined by the City. D. Supplemental Services. not listed 1. Any erdone of the abov work e Items A throughuested by the iCywilltbesclassified as supplemental services. 2. Supplemental services shall include, but are not limited to: to a. the prrooject,l excluding State or Federal services under Sections discus SectionsI-A-2 and I-A-6. b. Appearance at public hearings or before special boards. c. Preparation for litigation and appearance in court. d. Supplemental engineering work performed to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this _ agreement. e. Witnessing and/or conducting shop and/or field tests of equipment. f. Surveys and preparation of rights-of-way or property descriptions for use in obtaining easements. SECTION II - COMPENSATION For the services covered by this contract, the City agrees to pay the Engineers as follows: 3 511 BLACK a VEATCH • A. For the services under Sections I-A and I-B, a salary multiplier fee equal to twice payroll cost (salary plus 25 per cent) plus reimbursement for out-of-pocket expenses. 1. For design phase services, Section I-A, the estimated fee is One Hundred Fifty Thousand Dollars ($150,000). 2. For construction phase services, Section I-B, the estimated fee is Thirty Thousand Dollars ($30,000). 3. Fees earned under Sections I-A'and I-B and paid under this Section II-A, Items 1 and 2, are estimates and may vary but the total thereof shall not exceed One Hundred Eighty Thousand Dollars ($180,000). B. For resident services during construction, Section I-C: 1. A salary multiplier fee equal to the payroll cost (salary plus 25 per cent) plus 60 per cent of payroll cost and reimbursement for automobile mileage, moving expenses and other out-of-pocket expenses. This fee shall apply for resident services involving a continuous minimum period of one year for each person assigned by the Engineers to the project. 2. For resident services for any period less than one year, a salary multiplier fee equal to twice the payroll cost (salary plus 25 per cent) plus all out-of-pocket expenses for each person assigned by the Engineers to the project. C. For supplemental services, Section I-D, a salary multiplier fee equal to twice payroll cost (salary plus 25 per cent) plus re- imbursement for out-of-pocket expenses. An estimated fee for each item of supplemental services will be established at the time work is authorized. D. The following items are reimbursable expenses and are not included in the fees listed above under Sections II-A and II-B. 1. Printing, mailing, telephone, telegraph, and all other expenses in connection with advertising for and securing competitive bids. 2. Fees of special consultants requested or authorized by the City. E. Partial periodic monthly payments shall be made to the Engineers by the City as follows: 4 s BLACK A VEATCH • 1. For salary multiplier fees, an itemized statement shall be prepared each month by the Engineers and the entire amount due shall be paid each month provided the maximum fee has not been exceeded. 2. Reimbursable expenses shall be separately listed on each monthly statement and shall be paid each month. SECTION III - CITY'S RESPONSIBILITIES It is mutually understood and agreed that the City will provide, at its own expense, the following items: A. Property, boundary, easement, right-of-way, topographic, and utility surveys, and property descriptions in case such information is required. B. All exploratory work, such as core borings, penetration tests, soundings, and subsurface explorations; laboratory tests and analyses; professional interpretations of exploratory and test data; and the services of other special consultants as necessary. C. All maps, drawings, records, audits, annual reports, and other data that are available in the files of the City and which may be useful in the work involved under this contract. D. Royalties and fees for patented processes used in the work except those required to be paid by construction contractors as part of the construction contract. SECTION IV - OTHER MATTERS It is mutually understood and agreed: A. That the Engineers shall not be liable for delays resulting - from causes beyond the control of the Engineers; that the Engineers have made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Engineers be liable for indirect or consequential damages. B. That the billing limits stated herein are based on the contract being approved and the start of work being authorized prior to May 1980. If the start of work is not authorized by that date, the billing limits shall be subject to renegotiation to provide for cost escalation and/or inflation, if requested by the Engineers. • 5 KI� e BLACK & VEATCH IN WITNESS WHEREOF, the parties have executed this agreement on the date first above written. CITY OF EDEN PRAIRIE, MINNESOTA Mayor Attest Manager BLACK & VEATCH, Consulting Engineers By Pi.dG tc.i�1� James L. Patton Minnesota P.E. 9890 6 5rq MEMO TO: Mayor Fenzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 14, 1980 SUBJECT: Valley View Road No Parking Restriction I.C. 51-325 Attached Resolution No. R80-39 is required by MN/DOT, State Aid Section, in order to gain final approval of our construction plans and specs for New Valley View Road west of Co. Road 4. The new street section will not be wide enough to provide for parking and therefore the State, as for the Dell Road project, has required this parking restriction. Since parking is not needed or desirable along Valley View Road, we recommend Council approval of Resolution No. R80-39. CJJ:kh Attachment • 5115 • • February 19, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA l RESOLUTION NO. R80-.39 RELATING TO PARKING RESTRICTIONS ON VALLEY VIEW ROAD S.A.P. 181-1D9-02 from Co. Rd. 4 to Hames way in the City of Eden Paairie. Minne- sota WHEREAS, the City has planned the improvement of MSAS 109 (Valley View Road) from Co. Rd. 4 to Hames way, and WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of said Street, and WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted for such Municipal State Aid Streets and that approval of the proposed construction as a Municipal State Aid Street project muse therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite is the approval of this construction as a Municipal State Aid project in the City, has been determined. NOW, THEREFOE, IT IS HEREBY RESOLVED. That the City shall prohibit the parking of motor vehicles on both sides of MSAS 109 (Valley View Road) from Co. Rd.'4 to Hames Way at all times. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 51( I TO: Mayor & Council FROM: John Frane DATE: February 15, 1980 RE: MIDB'S Alston and Jean Lundgren $300,000 The Lundgren intend to construct a Family Practice Medical Office on 1.76 acres to the south of the Superamerica Station west of County Road #4. The cost of this project is estimated to be $374,000. Employment is estimated to be thirty people when the entire site is developed. The property is zoned office which is correct for the intended use. A public hearing could be scheduled for March 18, 1980. 5 '7 • • • (-• , • '.• CITY OF EDEN PRAIRIE, MINNESOTA • Application for • Industrial Development Bond Project Financing • • 1. APPLICANT: Owner Lessee Alston C. Lundgren & Eden Prairie Family Jean O. Lundgren Physicians, P.A. • a. Business Name - uu • • b. Business Address _6029 Fairwood Circle 6029 Fairwood Circle • Minnetonka, Mn. 55343 Minnetonka, Mn. 55343 until completion, then 7800 Eden Prairie Road. c. Business Form (corporation, partnership, solo proprietor- ship, etc.) - Owners as individuals, Eden Prairie Family Physicians as a Subchapter S Corporation. • • d. .State of Incorporation or organization - • Owners: N.A. Eden Prairie Family Physicians, P.A. - Minnesota corporation { e: Authari7ed Representative - f Alston C. Lundgren represents both owners and Eden Prairie Family Physiciar f. Phone -. office: 927-4635 home (nights): 934-1284 . . • • • • 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Alston C. Lundgren. M.D. owns 100%of Eden Prairie Family Physicians, P.A 6029 Fairwood Circle Minnetonka, Mn. 55343 • b. • • • c. • ' • • • -1_ • • • SIZ 3. GIVE 13RIliF DESCRIPTION OF NATURE OF BUSINESS, .PRINCIPAL . PRODUCTS, ETC: • General practice of medicine for the entire family including obstetrics, pediatrics, minor surgery, outpatient psychiatry, outpatient orthopedics, and most internal-medicine. • • • 4 . 4. •DESCRIPTION or PROJECT a. Local ion and intended*use: • . Lot 13, Block 2, Mitchell Lake Estates (NW corner Terrey Pine Drive and County Highway 4 - address to be 7800 Eden Prairie Road) • b. Prest:nt ownership of project site: C.O.R. Investment Co. c. ' Names: and address of architect, engineer, and general . • contractor:• - all the above functions will be performed by one firm: Marshall Erdman & Associates, Inc. 5117 University Avenue . •Madison, Wisconsin 53705 - • ' 5. ESTIMATED PROJECT COST FOR: ?Land $ 114,163 - - Land Improvements & site work $ • 48.414 Building $ 185,054 — Equipment $ 63,224 Other(start up, bond counsel. other legal, iterim interest) Building Contingency $ 6,532 437,387 Total ( • • _a_ • • • • 0. DONI) ISSUE - • a. Amount of proposed bond issue - $300,000 b. Proposed date of sale of bond - June 25, 1980 • c. Length of bond issue and proposed maturities - 20 years • d. Proposed original purchaser of bonds - Ministers Life & Casualty Union 3100 W. Lake Street e Minn epoAild kleidA5. 6of suggested trustee - N.A. • f. Copy of any agreement between Applicant and original pnrci:ase; - None g. Describe any interim financing sought or available - ' Marshall Erdman will provide. h. Describe nature and amount of any permanent financing in addition to bond financing - 5 year term bank loan on equipment through 1st State Bank of Eden Prairie or possibly a leasing arrangement depending on which is more attractive. ?.• BUSINESS PROFILE OF APPLICANT. a. Arc you located in the City of Eden Prairie? • No. b. Number of employees in Eden Prairie? • • i. Before this project: • • None. • • —3— • • • f , ii. After this project? Initially 3 including myself, growing to 5 in one year, 10 when second physician is fully occupied. Ultimate expectation after expansion of building is a group of 6 physicians with total employment of 30. c. Approximate annual sales - First year forecast billings are $119,000. • • • - • d. Length of time in business 2 1/2 years practicing medicine as a Family Practice Resident at Methodist Hospital, St. Louis Park, Mn. Seven years experience in business as engineer, in finance, and as small busssman prior to medical school. ' in Eden prairie • None • • o. Do you heave plants in other locations? If so, where? • • None • • f. Arc you engaged in international trade? No • 8. OTHER INE STRIIL DEVELOPMENT PROJECT(S): • • a. List the name(s) and location(s) of other industrial • development project(s) in which the Applicant is the owner or iCusubstantial user" of the facilities or a "relcated person" within the meaning of Section.1O30)(6) • • of the Internal Revenue Code.- None • • • • • • • . • • • • _4- • • 521 • • • ' , b. List all cities in which the Applicant has requested ( industrial revenue development financing. • l None • •• ••• c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. None ( ' d. List 'any city in which the Applicant has been refused ' indu:.tria_l development revenue financing. None • • ' s'a ' • e. List any city (and the project name) where the Applicant • ' • has acquired preliminary approval to proceed but in which • . final approval authorizing the financing has been denied. None • -5- . • • • 522. 1 . • b. Bond Counsel - Steven Rosholt, esq. Faegre & Benson • 1300 Nortwcstern Bank Building Minneapolis, Mn. 55402 c. Corporate 'Counsel - Mark Ohnstad, esq. Gustafson & Adams • Sure 41) J 1Qt1 ItrQBvd, Edina, Mn. 55435 • self 1 • 10. 1tHAT IS YOUR TARGET DATE FOR: a. Cen::tructioa start - . March 31, 1980 • b. Construction completion - • • June 15, 1980 • (completion in this short period is possible with modular construction• as planned.) ' FO: FUUTI:(SR it{FO11.11ATION CONTACT:- . • The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing doe:; not expressly or inpliedly constitute any approval, variance, or waiver rio .f any nr proviprovision s or requirement relating to any zoning, or orclinr.nce Of;the City of Eden Prairie, or any other law . • applicable to the property included in this project. ' • ---..--k4-4-4-4 . • Applicant • • Alston C. Lundgren • 3 • • January 29, 1980 • . Date • .-7- • 623 5 11. ZONING - TO 13E COMPIJ TED DY TIIE CITY PLANNING DEPAI T»4Ei1T • a. Property is zoned - 1 . b. Present zoning C3 (is not) correct for the intended use. • • c. zoning application received on 'for which is correct for the intended use. • • d. 'Variances required - 711.?4:44447-)._... Axe i'lanner t . • • • • . _g- • • �3�7 • • TO: Mayor & Council FROM: John Frane DATE: February 15, 1980 RE: Request for Preliminary Approval MIDB'S Hoyt - $2.035,000 Bruce and Steven Hoyt intend to construct a 70,000 square foot office - warehouse building on part of the "Swendseen" property at Shady Oak Road and W. 7Oth St. The project would be leased to Vinyl Therm Inc. ngdribo , pt struction O,000 A floor c istutor hasexessedinterest in2O,OOOsq. ft. This iszoned I-2 which is correct for the intended use. A public hearing could be scheduled for March 16, 1980. ,SdS CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - partnership name Will be selected at a later date. b. Business Address - 150 W. 88th Street Bloomington, Minnesota 55420 C. Business Form (corporation, partnership, sole proprietor- ship, etc.) - General Partnership d. State of Incorporation or organization - Minnesota e. Authorized Representative - Bruce K. or Steven B. Hoyt f. Phone - (612) 884-4338 t' • 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: • • a. Bruce K. Hoyt 150 West 88th Street Bloomington, Minnesota 55420 b. Steven B. Hoyt 150 West 88tb Street Bloomington, Minnesota 55420 C. -1- • • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Building I of this project will be used as the corporate headquarters for Vinyl Therm, Inc. (approximate space needs - 30,000 square feet) and Hoyt Construction, Inc. (approximate space needs - 10,000 square feet). These Companies are engaged in construction, residential and commercial and distribution of residential siding products. Additionally, a floor covering distributor has indicated strong interest in 20,000 square feet of Building 4.• DESCRIPTION OF PROJECT a. Location and intended'u se: S Shady Oak Road and West 70th Street. Proposal calls for construction of a 70,000 square foot office- warehouse building b. Present ownership of project site: Swendseen, et al c. Names and address of architect, engineer, and general contractor: Architect/Engineer - Design Partnership 15 South 5th Street Suite 900 Minneapolis, Minnesota 55402 Contractor - Hoyt Construction, Inc. 150 West 88th Street • Bloomington, Minnesota 5. ESTIMATED PROJECT COST FOR: Land 279,000 e 1,632,000 Building Equipment $ Other 124,000 • 2,035,000 Total -2- S; 43 • • • 6. BOND ISSUE - a. Amount of proposed bond issue - • b. Proposed date of sale of bond - Mortgage commitment will be arranged prior to commencement of construction. c. Length of bond issue and proposed maturities - 30 years, self-amortizing mortgage d. Proposed original purchaser of bonds — Knutson Mortgage 8 Financial Corporation is acting as agent for the partnership and has identified several institutional investors with an indicated interest. e. Name and address of suggested trustee - N/A • f. Copy of any agreement between Applicant and original • purchaser — The Partnership's application with Knutson Mortgage and Financial Corporation is attached. g. Describe any interim financing Sought or available — 'robe arranged upon receipt of a firm commitment to issue funds from an institutional investor. • h. Describe nature and amount of any permanent financing in addition to bond financing - None • • 7. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? No • ' b. Number of employees in Eden Prairie? - • • • i. Before this project: None • —3— • ,cols c • ii. After this project? Approximately 110. 70 with Vinyl Therm, Inc. and 30 with Hoyt Construction and approximately $2,000,000 annual payroll. C. Approximate annual sales - $6,000.000 d. Length of time in business Vinyl Therm - 5 years, • Hoyt Construction - 16 years in Eden Prairie N/A e. Do you have plants in other locations? If so, where? Currently both companies lease space in Bloomington, Minnesota. • f. Are you engaged in international trade? No • 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(6)• of the Internal Revenue Code. None • • • —4— • • • t. ' b. List all cities in which the Applicant has requested industrial revenue development financing. None • c. Detail the status of any request the Applicant has before . any other city for industrial development revenue financing. None • • d. List any city in which the Applicant has been refused industrial development revenue financing. • • None • • • • e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. N/A • • • • • -5- • • f. If Applicant has been denied industrial development revenue financing in any other city asidentified fiedal in (d) or (e), specify the reasons) o and the name(s) of appropriate city officials who have knowledge of the transaction. Not Applicable 9. NAMES AND ADDRESS OF: • a. Underwriter (If public offering) N/A • b. Private Placement Purchaser (If private placement) • i. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. • Knutson Mortgage and Financial Corporation is acting as agent for the Partnership in placing this mortgage with an institutional investor. Currently, several of investors, with which we have an established relationship, have indicated an interest. Additionally, we are expecting a decrease in rates over the next month. With tbese facts in mind, we have not solicited a long-term commitment at this time. We are nonetheless confident in our ability to privately place this debt. -6- . aS f= b. Bond Counsel - Dorsey Firm c. Corporate Counsel - Sias and Hoyt (612) 884-3750 • 200 West 88th Street Bloomington, Minnesota 55420 d. Accountant • - Larry Carlson 427-7500 433 E. Jackson Anoka, Minnesota 55303 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - May 15, 1980 b. Construction completion - November i, 1980 • FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairio for Industrial Development bond financing does not expressly or implieed constitute any approval, variance, or waiver vofor provisionrovr rule • or requirement relating to any zoning, building, or applicablece of to thehe City propertyf Eden includedainithisr other law project. .e 7L pp cant • Ey • •14 / (4WD • • Date -7- 11. ZONING - TO BE COMPLETED BY TIE CITY PUNNING DEPARTMENT a. Property is zoned - /i r • b. Present zoning ice" (is not) correct for the intended use. c. Zoning application received oni is correct or tne for intended use. d. Variances required - br/.4 OPV4 , Ape. , City ;" annex 1111,ters Avp /‘/061,d . -8- sus � TO: Mayor & Council FROM: John Frane DATE: February 15, 1980 RE: TekCom Properties request for MIDB'S Attached is a letter from John Mutschler requesting a continuance of the public hearing to March 18, 1980. 52(1) V .LNG. inUtSChler 3101 WEST BOTH STREET•EONA.MIN E50TA E6436•PHORE BT11820 8703 6 ASSOC.NC February 12, 1980 Mr. John D. Frane Finance Director CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 RE: "Pei am Properties" Request for Municipal Industrial Development Bond Resolution #80-21 Dear Mr. Frane: At the January 22. 1980, meeting of Eden Prairie Village Camel, the above bond request was continued at our request to the Counsel Meeting scheduled for February 19, 1980. We believe that we have all the warehouse area and a substantial part of the office space leased but we need additional time to negotiate the final terms of two of the leases. We hereby request that our application be continued to March 18, 1980. S ely, G. Mutschler John G. Mutschler h Associates, Inc. JGM:bt 521 TO: Mayor & Council FROM: John Frane DATE: February 14, 1980 RE: M1DB'S for SKS Properties The public hearing on the S.K.S. proposal was continued from the meeting of January 22, 1980 to the February 19th meeting. A representative of Damn Bosworth, who represents S.K.S., called today and indicated that the proponents wished to withdraw their request. • February 19, 1980 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 7242 VOID OUT CHECK $ (1,381.24)) 7278 VOID OUT CHECK (13.59) 7333 WARD DAHLBERG Mix 67.39 7334 MINNESOTA DISTILLERS, INC. Liquor 1,231.24 7335 TWIN CITY WINE CO. Wine 456.03 7336 INTERCONTINENTAL PACKAGING CO. Wine 763.49 7337 JOHNSON 8ROTHERS WHOLESALE Liquor 1,462.09 • 7338 OLD PEORIA COMPANY, INC. Liquor 848.08 7339 ED PHILLIPS & SONS CO. Liquor 638.08 7340 GRIGGS, COOPER & CO., INC. Liquor 1,944.40 7341 MIDWEST WINE CO. Wine 548.45 7342 PRAIRIE VILLAGE MALL ASSOCIATES Rent 1,865.1,3 7343 PAUL S. AMIDON & ASSOC. 1980 Selected Statutes-Police Dept 112.50 7344 INTERNATIONAL UNION OF OPERATING Dues 209.00 7345 FEDERAL RESERVE BANK Payroll 2/5/80 11,440.98 r 6 PERA Payroll 2/5/80 8,613.77 7a47 POSTMASTER Postage 150.00 7348 UNIVERISTY OF MINNESOTA Registration for Pesticide workshop 10.00 7349 UNIVERISTY OF MINNESOTA Registration fee-State 8icycle Safety 20.00 7350 APWA EDUCATION FOUNDATION Conference-Engineering Dept 95.00 7351 HENNEPIN CDUNTY FINANCE DEPT Microfirsch-Assessing Dept 204.84 7352 DEPARTMENT OF NATURAL RESOURCES Permit fee 40.00 7353 8LUE CROSS INSURANCE Insurance 329.70 7354 TWIN CITY WINE CO. Wine 331.75 7355 KIWI KAI IMPORTS Wine 36.35 7356 GRIGGS, CODPER & CO., INC. Liquor 3,176.72 7357 MINNESOTA OISTILLERS, INC. Liquor 1,337.88 • 7358 DLD PEORIA COMPANY INC Liquor 587.96 7359 ED PHILLIPS & SONS CO. Liquor 1,304.55 7360 JOHNSON BROTHERS WHOLESALE LIQUOR Liquor 1,225.52 7361 SUBURBAN CHEVROLET New Van-Senior Citizens Center 7,527.35 7362 HOPKINS POSTMASTER Postage 128.80 7363- 916 VO-TECH INSTITUTE Conference-Police Dept -s`P"°` ` - • - 8.00 • 7364 SO. HENN. VO-TECH Expenses-Senior Citizen 138.25 7365 8EER WHOLESALERS Beer 1,425.50 7366 COCA-COLA BOTTLING MIDWEST INC Mixes 111.95 7367 DAVIDSEN DISTRIBUTING CO. Beer 22.50 - 7368 DAY DISTRIBUTING CO. Beer 1,138.20 ;' 7369 EAST SIDE 8EVERAGE CO. Beer 2,056.10 7370 GOLD MEDAL BEVERAGE CO. Mixes 31.35 '1 LEDING DISTRIBUTING Beer 1,588.65 {/372 PEPSI/7 UP BOTTLING CO. Mixes 225.40 7373 ROUILLARD BEVERAGE Beer 1,130.58 7374 THORPE DISTRIBUTING CO. Beer 1,629.50;, 7375 CURTIS M. BERGQUIST Landfill fire 168.00. '. 7376 LANCE MICHAEL BRACE Landfill fire 52.00 . A• February 19, 1980 Page two 7( i 8RUCE PETER BREN Landfill fire 20.00 7378 JAMES GORDON CLARK Landfill fire 140.00 7379 PATRICK STANLEY DADY Landfill fire 32.00 7380 LARRY ALAN DAIG Landfill fire 196.00 7381 MICHAEL JAMES FARRELL Landfill fire 40.00 7382 JOHN KENNETH HACKING Landfill fire 332.00 7383 FREDRICK KARL HAFFNER Landfill fire 136.00 7384 JOHN THOMAS HOBBS JR Landfill fire 184.00 7365 GENE A. JACOBSON Landfill fire 236.00 7386 WALTER CHARLES JAMES Landfill fire 162.00 7387 DUANE LEWIS JDHNSON Landfill fire 48.00 7388 RONALD 0. JOHNSON Landfill fire 210.00 7389 M.E. LANE, JR. Landfill fire 180.00 7390 LOWELL D. LUND Landfill fire 340.00 7391 JAMES LEE MATSON Landfill fire 120.00 7392 JDHN RAYMOND MITCHELL Landfill fire 140.00 7393 RAY I. MITCHELL Landfill fire 432.00 '` 7394 THOMAS HAMILTON MONTGOMERY Landfill fire 180.00 7395 CURTIS REED OBERLANDER Landfill fire 344.00 7396 MARTIN L. PAULSEN Landfill fire 148.00 7397 DAVID LEE PENDERGRASS Landfill fire 140.00 7398 DOUGLAS LEE PLEHAL Landfill fire 136.00 7399 JOHN DAVID RIEGERT Landfill fire 124.00 7400 STANLEY A. RIEGERT Landfill fire 164.00 I'll JOHN DAVID ROCHFORD Landfill fire 80.00 .,2 MICHAEL JOHN ROGERS Landfill fire 168.00 7403 NORBERT ROGERS Landfill fire 176.00 7404 CHARLES SCHAITBERGER Landfill fire 152.00 7405 GERALD M. SCHWANKL Landfill fire 228.00 - 7406 HARVEY H SCHMIDT Landfill fire 144.00 7407 JOHN JOSEPH SKRANKA Landfill fire 228.00 7408 EUGENE RAYMOND SPANDE Landfill fire 132.OD 7409 VERNON THDMAS STEPPE Landfill fire 160.00 7410 BURTON L. SUTTON Landfill fire 48.00 7411 MARC LEWIS THIELMAN Landfill fire 316.00 7412 RICHARD WAYNE TURNER Landfill fire 88.00 7413 STEPHEN JOHN WHITE Landfill fire 212.00 7414 ADVANCE AMBULANCE & EQUIPMENT Resuscitators-Public Safety 2,669.96 7415 AKINS FIRE EQUIPMENT CO. Rescue saw kit-Public Safety 762.86 7416 AMERICAN NATIONAL BANK Interest 272.73 7417 AMERICAN PUBLIC WORKS ASSOC. 1980 dues 140.00 7418 ' PAUL S. AMIDON & ASSOC. Shipping sharges 1.81 7419 EARL F. ANDERSEN & ASSOC. Hockey goal repairs-Park Dept-Street signs 3,381.43 7420 MRS. JEROME ANDERSDN Refund-Rec Dept 5.00 7421 MARJORIE I. ASHORNE Refund-Rec Dept 18.00 7422 ASPEN/GUSTAFSON & ASSOC. Duplicate payment of contractors license 15.00 7423 ASSOCIATED OIL BURNER SERVICE Service-Park Dept 106.40 ' 7424 AWARDS, INC. Trophies-Rec Dept 132.45 7425 ASSOCIATED WELL DRILLERS, INC. Pump-Senior Citizens Center 452.50 (j '6 B J SEWER SERVICES Service-Cromwell Drive 60.00 't,27- 8ILL'S RAILING SERVICE Rack to wash fire trucks & squad cars 174.60 742E BIOMARINE INDUSTRIES, INC. Equipment warranty 47.50 7429 RAE BLY Mileage 14.29 7430 BUSINESS FURNITURE INCORP. Office Equipment-Water Dept 469.40 7431 BRAUN ENGINEERING TESTING Service-Chatham Woods 1,007.00 536 ` IW A 1 F€bruary 19, 1980 P e three 7432 STEPHEN CALHOON Mileage 36.36 7433 TODD CHANCELLOR Refund-Rec Dept 8.50 7434- CHANHASSEN AUTO PARTS Shocks, lights, battery, ignition, muffler 897.60 7435 CHANHASSEN LAWN & SPORTS Ropes-Community Services 12.15 . 7436 CHAPIN PUBLISHING COMPANY Legal ads 64.50 7437 CHASKA MARINE INC. Landfill fire expenses 64.35 7438 CITY OF EDINA Tests-January 1980 78.00 7439 CLUTCH & U-JOINT BURNSVILLE Hydraulic motor 283.50 7440 COMMISSIONER OF TRANSPORTATION Test & Inspect traffic signals 947.07 7441 COLOR TILE Tiles-Public Works Dept 8.85 7442 COPY EQUIPMENT INC. Paper-Engineering Dept 184.21 7443 CROWN RUBBER STAMP CO. Engraved plates-Fire Dept 210.10 7444 CUTLER-MAGNER COMPANY Quicklime-Water dept 195.19 '+ 7445 WARD F. DAHLBERG Mileage 37.30 7446 DALCD Vacuum-Fire Dept 325.00 7447 DAY-TIMERS 'Supplies-Planning Dept & Park Dept 23.72 7448 DELTA OIGITRONICS Radio receivers & scanners-Police Dept 795.40 7449 DITCH WITCH OF MINNESOTA Chain links-Street dept 9.97 7450 DORHOLT PRINTING & STATIONERY Office supplies 1.161.01 7451 EDEN PRAIRIE FIRE DEPT Expenses-Landfill fire 363.72 7452 EDEN PRAIRIE GROCERY Expenses-Landfill fire 12.80 7453 EDEN PRAIRIE NEWS Ads 84.60 7454 EDEN PRAIRIE SANITATION CO. January service 63.00 74'c5 EDEN PRAIRIE SCHOOL DISTRICT #272 January 1980 Custodial service 801.68 6 EDEN PRAIRIE SCHOOL DISTRICT #272 Fuel 1979 1,354.98 7457 EDEN PRAIRIE PIONEERS Labeling of Winter Outing Brochure 15.00 ' 7458 ELVIN SAFETY SUPPLY INC. Safety glasses, ear plugs-Community Service 276.39 Boots, pants, jacket-Water Dept 7459 FEDERAL DYNAMICS, INC. Degreaser-Water Dept 238.82 7460 FIRE INSTRUCTORS ASSN. OF MINN Books-Fire Dept 7.00 7461 FLYING CLOUD OIL CO. Fuel-Historical Culture Comm 323.42 7462 FRONTIER LUMBER & HARDWARE Benches-Park Dept 60.77 7463 NICOLE GATES Refund-Rec Dept 13.00 7464 GENERAL COMMUNICATIONS, INC. Antenna & Equipment repair-Police Dept 436.20 7465 GENERAL SAFETY EQUIPMENT CORP Gauges-Fire ►•• 142.05 7466 GRANT BATTERY SALES Snowmobile T Street dept 119.15 7467 MELISSA GREEN Refund-Rec �:.• 13.00 7468 GROSS INDUSTRIAL SERVICES Service 53.24 7469 GUNNAR ELECTRIC COMPANY Installation of exterior lights-Water dept 1,241.00 7470 HACH CHEMICAL COMPANY Fluoride-Water Dept 95.75 7471 JACK HACKING Fuel for squad car • - 10.00 7472 JANE HANSEN Skating instructor-Rec Dept 184.00 7473 HANUS BUS CO., INC. Service-Park dept 93.00 7474 HENNEPIN COUNTY FIRE CHIEFS Dues-Fire dept 10.00 7475 COUNTY OF HENNEPIN Radios-Fire Dept 991.04 7476- HENNEPIN COUNTY Equipment rental-Police Dept-- i.' 3.684.26 7477 HENNEPIN COUNTY Expenses-Landfill fire 156.68 7478 HOIGAARD'S INC. Supplies-Fire Dept 26.45 j 79 HOPKINS DODGE SALES, INC. Cable, adapter & equipment repairs 231.46 A..JD HOPKINS PARTS CO Floor dry-Fire dept, filters, pipes, plugs, 372.02 fuel pump-Street dept 7481 HYDRAULIC SERVICES INCORP Motor repair-Street dept 15.00 7482 ITT GRINNELL CORP. Couplings-Building dept 12.58 r; 7483 INDUSTRIAL LIGHTING SUPPLY, INC. Light bulbs-Water dept • 43.78 > 5;1 1 i February 19, 1980 9( e four • 7484 IBM Correction tape 67.50 7485 HEATHER KALLEVIG Refund-Rec Dept 13.00 7486 'KARULF HARDWARE INC. Corks, shovel-Sewer Dept, rollers, hose clamp- 612.82 Water dept, tape, ice melt, electric heater, bulbs, caulk-City Hall, screwdriver, bolts, bulbs-Street dept, broom, saw blades, fuses, electric cord-Park Dept, trash cans-Senior Center 7487 KRAEMER'S HOME CENTER Paint-Fire dept, lights, gas can, heater, 468.22 wrench, batteries, wastebasket, pliers, crow bar, paint, extension cord-Water Dept 7488 LANG, PAULY & GREGERSDN, LTD. December 1979 Legal service 4,124.8 7469 ALLEN R. LARSON Expenses 7.0 147 7490 LEEF BROS., INC. Service 1, 4 . 5 7491 LOGIS Service-November 1979 7492 LUND PAINT & DECORATING CENTER Paint-Liquor Store 15.80 7493 LYNDE COMPANY Repellent-Water Dept 29.82 7494 SUSAN MARTINSON Refund-Rec Dept 10.0D 7495 JEAN MASHER Refund-Rec Dept 7.50 7496 MATT'S AUTO SERVICE, INC. Towing Service 20.00 7497 MEDICAL OXYGEN & EQUIP Oxygen-Fire Dept 20.01 7498 MEDICINE LAKE LINES Ski trip-Rec Dept 117.00 7499 MERIT PRINTING Forms-Building dept 227.87 7500 METRO FONE COMMUNICATIONS, INC. February 1980 service 45.23 1 METROPOLITAN FIRE EQUIPMENT Fresh air charging system-Fire Dept 13,340.00 75u2 METROPOLITAN WASTE CONTROL COMM March Sewer Charge 21,592.74 7503 MILLER/DAVIS COMPANY Special Assessment cards-Engineering dept 500.00660.00 7504.. MILLER DUNWIDDIE ARCHITECTS INC. Service-John R. Cummins House Study 3,206.04 7505 MINNESOTA FIRE INCORP. MSA air equipment350.03 7506 MINNESOTA GAS COMPANY Service60.00 7507 MINNESOTA STATE TREASURER Snowmobile Safety 7508 MODERN TIRE COMPANY Equipment repairs & parts, grader tires 1,214.68 7509 MUNICIPAL & PRIVATE SERVICES January 1980 service 771.50 7510 PAT MURRAY Refund-Rec Dept 8.50 7511 NOREN PRODUCTS INC. Lights for squad cars-Police dept 432.00 7512 NSP Service 5,693.81 I1 7513- NSP Overhead service-Flying Cloud Drive 320.OD 7514 NORTHWESTERN BELL Service 2,514.39 7515 NORTHWESTERN NATL BK OF MPLS Bond payment 335,328.50 7516 OLSEN CHAIN & CABLE Logging slings-Community Service 59.48 7517 JEFFREY PAGE Refund-Rec Dept B.5D 7518 'JULIE PALMQUIST Refund-Rec Dept 13.00 :=1 7519 GERALD F. PAULSON Service-Bryant Lake Park Stables 56.00 i•' 7520 S. PETERSON CONSTRUCTION INC. Duplicate payment of contractors license 15.00 7521 PRAIRIE LAWN & GARDEN Snowblower belts-Park dept 19.70 7522 RAPID COPY, INCORP. Liquor ID cards 10.00 7523 RIEKE-CARROLL-MULLER ASSOCIATES Service-High Trails Sewer & Water, Valley 25,727.30 '' View Road, Round Lake Park, Shady Oak Industrial Park, Round Lake Estates 2nd addition, 7524 PATTY RIPLEY Refund-Rec Dept 17.00 c. 7525 ROBERTS DRUG Supplies-Police Dept 1.26 ` 7526 ,ROAD MACHINERY & SUPPLIES Equipment rental 2,100.00 .; 7527 ,'',ROOT-0-MATIC Service-Evenston Road 93.00 7528°,i'SATELLITE INDUSTRIES INC Portable restrooms-Park Dept • 544.50 :: ', PS,-nary 19, 1980 five 7529-- SCHMITT MUSIC CENTERS Piano rental-Historical Cultural 250.00 7530 SHAKOPEE BAKERY Expenses-Landfill fire 103.49 7531 DEAN SIMMONS Refund-Rec Dept 3.00 7532 W. GORDON SMITH CO. Euel-Street Dept 299.26 7533 SOUTH PARK CORPORATION Expenses-Landfill fire 72.45 7534 SOUTHWEST SUBURBAN ADVERTISER Ads-Park dept 4.30 7535 SOUTHWEST SUBURBAN FIRE LEAGUE Dues-Fire Dept 25.00 7536 SPECIALTY SCREENING Emblems-Police Dept 204.26 7537 SPRAYCO INC. Grease gun valve-Street dept 51.00 ' 7538 ST. REGIS PAPER COMPANY Expenses-Landfill fire 189.27 7539 SCOTT STANLEY Expenses 24.00 7540 STATE OF MINNESOTA Test scales for weighing trucks 70.00 7541 STATE TREASURER - Rental 2.00 7542 SUBURBAN AUTO ELECTRIC, INC. Equipment repair-Street dept 81.20 7543 SUBURBAN CHEVROLET CO. Parts-Street dept 59.74 ' 7544 SUNWAY HOMES, INC. Building repairs-Bryant Lake Stables 3,425.00 7545 TEN-RED Duplicate payment of contractors license 15.00 7546 CARRIE TIETZ Expenses-Park Dept 42.E 7547 TOWNS EDGE FORD, INC. Light switch, master cylinder-Street Dept 157.19 7548 TRU-FRIT INDUSTRIES Black flashlights-Fire dept 305.25 7549 TWEED'S SERVICE GARAGE Equipment repair-Street dept 10.00 7550 THIELEN PRINTING INC. Occupancy load signs-Fire dept 96.72 7%'1 UNIFORMS UNLIMITED Jacket-Police Dept 59.20 7` . UNISTRUT NORTHERN Sign posts-Street dept 564.75 7553 VIKING INDUSTRIAL CENTER Equipment repair-Sewer Dept 135.00 7554 VIKING PRESS INC. Letterhead 331.05 7555 VILLAGE CHEVROLET Grease seals-Street dept 13.31 7556 CINOY VOHS Refund-Rec dept 3.00 7557 VOID OUT CHECH 7558- WATER PRODUCTS COMPANY Pump, curb stop, generator-Water dept 513.87 7559 RIVER WARREN AGGREGATES Rock-Water dept 95.10 7560 DAVID WEAVER Refund-Rec Dept 2.00 7561 SANDRA WERTS Mileage 33.75 7562 HEATHER WOLF Refund-Rec Dept 13.00 7563 WORRELL'S DAIRY STORE Expenses-Landfill fire 13.78 7564 XEROX CORP Labels 399.00 7565 ZECO COMPANY flashers 77.21 7566 A & G DRAFTING SERVICE Supplies-Planning dept 12.00 7567_ A & H WELDING & MFG. CO. Blades-Fire dept 138.36 7568 ACRO-MINNESOTA, INC. Cabinet-Assessing dept ' _ 94.05 7569 M.G. ASTLEFORD CO., INC. Shady Oak Industrial Park 7,966.80 7570 BROWN & CRIS, INC. Trunk Hwy 5, West 78th Street & Mitchell Rd 35,829.50 7571 BERG & TJEPKES Signal installation (T.H. 169 @ Vo-Tech 4,875.50 and CSAH 1) 7572 BROWN & CRIS, INC. Dell Road & Lotus View Drive 40,444.50 7573 MINNESOTA VALLEY SURFACING Lane Widening (TH 169 @ CSAH1 & Vo-Tech) 2,424.58 • 7574 HMO SERVICE Insurance 1,222.00 '5 VOIO OUT CHECK .6 GROUP HEALTH PLAN, INC. Insurance 953.76 7577 HMO SERVICE Insurance 122.30 7578 WESTERN LIFE INSURANCE CO Insurance 105.60 7579 STATE TREASURER Annual report of Water use 5.00 7580 NSP Service 7.27 7581 SEARS Refrigerator, wrenchs, propane bottles 1,336.97 • 5 Water dept, tools-Fire dept ' • • - 1• Fe1 Jary 19, 1980 Page six 7582 VAUGHN'S INCORP Flags-Water dept 136.00 7583 VIRGINIA IMPRESSION PRODUCTS Desk set-Water dept 19.07 7584 PHYSICIANS HEALTH PLAN Insurance 6,156.92 7585 WESTERN LIFE INSURANCE CO Insurance 441.62 7586 LEWIS FOLWICK Open gym supervisor-Rec dept 31.50 • 7587 JOHN FRANE Expenses 103.60 7588 SOUTHWEST SUBURBAN CABLE COMM Cable Television 2,500.00 TOTAL 622,203.34 TO: Mayor & Council FROM: John Frane DATE: Febraury 15, 1980 RE: Final approval MI08'S E & H Properies (Crown Plastics) $1,075,000 The Council gave preliminary approval of this project at its May 15, 1979 meeting in the amount of $1,150,000. Resolution No. 80-35, because of its length has not been included in your packet. This Resolution which has been approved by the City Attorney, is available at the City Hall and will be in the Mayor's signature file on Tuesday night. • • • • TO: Mayor & Council FROM: John Frane DATE: February 15, 1980 RE: Final Approval MIDB'S - Anderson Lakes Associates $2,975,000 This project (the Bachman-Anderson Project) received preliminary approval by the City on September 18, 1979 in the amount of $3,375,000 the actual amount will be $400,000 less than authorized. Resolution No. 80-34, which is 21 pages long, has not been included in your packet. The resolution has been reviewed and approved by the City Attorney and is available in the City Hall, or Tuesday night in the Mayor's signature file. 5.3' • TO: Mayor & Council FROM: John Frane DATE: February 14, 1980 RE: Sale of Liquor on Election Days • Attached for your consideration is ordinance No. 080-05 This ordinance eliminates the provision in our present ordinances which require that intoxicating liquor must not be sold on the day of any "special" election. "Special Election" as applied to the City are referendum questions submitted to the voters on a day which is not a primary or general election day as defined in State Statutes. 53'I • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 080-05 AN ORDINANCE LICENSING AND REGULATING THE USE AND SALE OF INTOXICATING LIQUOR AND AMENDING • ORDINANCE 202, AS AMENDED BY ORDINANCES 320 AND 78-46 The City Council of the City of Eden Prairie ordains as follows: Section 1. Ordinance No. 202, Section 12, Hours of Operation, Subdivision 1, is amended to read as follows: "Section 12. Hours of Operation." "Subd. 1. No sale of intoxicating liquor shall be made after 1:00 a.m. on Sunday nor until 8:00 a. m. on Monday nor between the hours of 1:00 a. m. and 3:00 p. m. on any Memorial Day, nor between the hours of 1:00 a. m. and 8:00 p. m. on any primary, epeeiaM or general elec- tion of the City of Eden Prairie.* No "on sale" shall be made between the hours of 1:00 a. m. and 8:00 a. m. on any weekday. No consumption of intoxicating liquor shall occur on the premises after 1:15 a. m. nor until 8:00 a. m. on the following business day." FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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. * denotes language to be stricken Wolfgang H. Penzel, Mayor ATTEST: (seal) John D. Franc, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1980. 637 • • ♦- • CITY OF EDEN PRAIRIE Hennepin County, Minnesota RESOLUTION NO. R 80- 33 RESOLUTION APPROVING THE CITY OF EDEN PRAIRIE PARTICIPATION IN THE HENNEPIN COUNTY COOPERATIVE PURCHASING PROGRAM DEFERRED COMPENSATION PLAN. WHEREAS, the City Council of the City of Eden Prairie, Minnesota, has agreed to enter into an Agreement with the Hennepin County . Cooperative Purchasing Program Deferred Compensation Plan, NOW, THEREFORE, it is hereby resolved by the City Council of the City of Eden Prairie, to adopt the Hennepin County Cooperative Purchasing Program Master Deferred Compensation Plan for the benefit of its eligible employees, officers and independently contracted personnel, and hereby agrees to faithfully carry out • its responsibilities and obligations under the Plan. Passed and adopted at a regular meeting of the Council held on the 19th day of February, 1980. • CITY CLERK MAYOR • JOHN D. FRAME WOLFGANG PENZEL • • \ HENNEPIN COUNTY COOPERATIVE PURCHASING PROGRAM DEFERRED COMPENSATION PLAN I. lingaggla • The Hennepin County Cooperative Purchasing Program hereby establishes the Hennepin County Cooperative Purchasing Program Master Deferred Compensation Plan, hereinafter referred to as the 'Plan°, the purpose . of which is to provide retirement benefits to eligible officers, employees, and contractors as well as certain pre-retirement and death benefits to them and their beneficiaries. Any city which is a member of or affiliated with the Hennepin County Cooperative Purchasing Program any adopt this Plan for the benefit of its officers, employees, and contractors by executing a Joinder Agreement whereby they agree to : adopt the provisions of this Plan as their own. Any city thus adopting the Plan shall be individually responsible to its Participants for carrying out end fulfilling its obligations under the Plan. The term °Employer°,wherever it shall appear in this Plan, shall include within -, its meaning any city within the Hennepin County Cooperative Purchasing Program thus adopting the Plea. A.to any Participant,the term °Employer° shell mean that person or entity with whoa or which such Participant has executed a Participation Agreement in accordance with Section b.02(a). II. DEFINITIONS 2.01 Compensation: The total amount of remuneration for employment or contracted services received by the Participant tram the Heplayer.!. •/ 2.02 Deferred Compensation: The amount,of Csmpensation not yet earned ,.. . which the Participant and the Employer shall mutually agree will ; be deferred. 2.03 Retirement: Severance of the Participant's contrast or employ- meet with the Employer on or after the Participant's 63th birth- ;' • day by reason other than death. 2.06 Imheficiery: Beneficiary or beneficiaries designated by the Par-4•, , ticipant in his agreement with the Employer to defer Compensation,.: If more than one designated beneficiary survives the Participant,I. payments shall be made equally.unless otherwise provided in the ': beneficiary designation. Nothing herein shall prevent the Parti- cipant from designating primary and secondary beneficiaries. 2.05 Termination of Services: The severance of the Participant's contract or employment'Attie the Employer prior to his retirement,'. • by reason other than death. • 2.06 Participant: Any individual who fulfills the eligibility and enrollment requirements of Article IV. III. ADMINISTRATION • This Plan shall be administered by the committee of not less then three persons appointed by the Employer,hereinafter referred to as the "Committee°. The Committee shall represent the Employer in all matters . concerning the administration of this Plan. The Employer may remove a Committee member for any reason by giving bin ten (10).days written -. notice.and fill any vacancies thus created. 540 _1_ • • • • The Committee shall have full power and authority to adopt rules and regulations for the administration of the Plan,provided they are not inconsistent with the provisions of this Plan, and to interpret.alter. . amend,or revoke any rules and regulations to be adopted. Iv. pARTICIPATIOH IN THE PLAN 4.01 Eligibility: Any officer, employee. or independent contractor of the Employer who is not a member of the Committee,and whom ° • the Co®ittee approves for participation. 4.02 Poollmant in the Plans ... (a) An eligible person,with respect to participation commencing in the initial year of the Plan.may become a Participant within a reasonable tine after the Plan becomes effective . by executing a Participation Agrement with the Employer vhereunder he agrees to defer all or a portion of Cempo.. •- Cation not yet earned at the time of the Agreement. assents to the provisions of this Plan. and designate.one or more beneficiaries. Th;,otter, by executing a Participation Agreement,any eligible person may agree to defer compen- Cation not yet earned. but such Agreement must be entered . into prior to the beginning of the calendar year in which it is to became effective. (b) At the time of entering into an agreement hereunder to def compensation or at the time of re-entry following a with- . drawal a Participant must agree to defer a minimum amount of N300.00 per year. I (c) A Participant who defers compensation may not modify such agreement to change the amount deferred except with respect ., to compensation earned in the subsequent calendar year or. except as provided in Article VIII hereof with respect to ,( WITHDRAWALS. (d) A Participant may at any time revoke his agreement to defer,. • compensation by notifying the Employer in writing 15 days prior to the effective day of the termination and the Parti., . I eipant•s full compensation will be,thereupon restored. • However, amounts previously deferred shall only be paid in accordance with this Plan. (e) A Participant oho has withdrawn as set forth in Article VIE or revoked as set forth in (d) above may again become a Participant by executing a new agreement to defer compen- sation not yet earned.but such agreement must be made • prior to the beginning of the calendar year in which it is to become effective. V. RELATIORSHIP•TO OTHER EMPLOYER puny The amount of deferred salary will not be considered as current salary. However,such amounts will be included in determining benefits or rights under the Employer Group Insurance and Retirement Plans. Psymo '. under the Deferred Compensation Plan will supplement Retirement and Death benefits under the Group Insurance and Retirement Plans of the •. Daployer. 511/ • • VI. .BEREPITS Of RETIRDtENT 6.01 If-the Participant continues in the service of the Deplores until his Retirement the Committee shall pay to such Participant a fluctuating monthly income for 120 months certain and For life C equal to the amount which shall be payable under an annual pension deterred annuity contract purchased from the ADtna Variable Annuity Life Insurance Company with the Participant se . annuitant thereunder, with an annual premium equal to his Deterred Compensation, and with a 100%veriable py-Cut option (hereinafter referred to as the"Contract"). In lieu of the above described Retirement benefits the Coemittee nay, in its • sole discretion elect to pay an actuarial equivalent series of payments on any one of the following options: (a)a 1 or a lump-sun in combination with (h) a refund basis; (c) pay- manta for 180 wN.e.:.tive months and life thereafter;or (d)payments for his lifetime and thereafter during sup remaining lifetime of a designated second person and in lieu of fluctuating payments, payments of a fixed amount or a comb tion of fixed and fluctuating payments;provided.however, that the Committee must make such an election at least thirty (30) daps prior to the Retirement of such Participant. 6.02 Should the Participant die at any tine alter Retirement, whether,' prior to or after he has begun to receive the Retirement payment(*) provided by Section 6.01, his designated Beneficiary • or Beneficiaries shall be entitled to receive the balance • remaining of ouch payment(s). If no Beneficiary is designated as provided in Section 2.04 of this Plan,or it the designated Beneficiary does not survive the period during which such , payments) are to be made, then the sxecutors.or administrators of the Participant shall receive a lump-sus amount equal to the current value of the Contract purchased on the lite of such Participant. VII. BEREFITS OR TERMINATION or SERVICES OR MAX PRIOR TQREFIRE ER2 7.01 In the event the Participant terminates his services for reason • other than Retirement, the Employer shall,beginning on the fifteenth (15) day of the month next following the date of such Termination,pay to the Participant over a period of sixty (60)• .. oonseautive months an amount equal to What would be available under the Contract described in Section 6.01;provided.however,.; that•the Committee mar, in its sole discretion,defer the beginning of'such payments to a later date sot to extend heyond the Participant's 65th birthday, and/or mate payment in a imp sum or So installments over same period other than sixty (60) months except that once any installment payments have begun the Comittee or Employer may not thereafter alter the method of settlement. • 7.02 In the event the Participant dies before his Retirement or prime,,,,, to receiving the benefit provided for in Section 7.01,his Rene - !inlay or Beneficiaries shall be entitled to receive a death benefit equal to that which shall be available under the Cent described in Section 6.01. If no Beneficiary is designated as provided in Section 2.04. or it the designated Beneficiary does not survive the Participant for a period of 30 days,then the - • executors or administrators of the Participant shall receive the benefit in a lump sun. 5uz • • • _3- VIII. VITSDRAWALS For serious financial reasons, a Participant may apply to the Coaaitte-' for withdrawal from the Plan prior to retirement or other termination of the Participant's service with the Organisation. If such applica- tion for withdrawal is approved by the Committee,the withdrawal will be effective at the later of the dates specified in the Participant's application for the date of approval by the Committee. Upon approval by the Committee, it shall treat such Participant as if be had termi- nated his services on the date of such withdrawal, and pay such benefi or benefits as provided for in Section 7.01 up to an amount necessary to meet the financial emergency contained in.ouch Participant's appli-...-. cation for withdrawal. • Serious financial reasons shall include bankruptcy or impending bank- ruptcy, unexpected and unreimbursed mayor expenses resulting from illness to parson or accident to person or property or other types of unexpected and unreimbursed expenses of a mayor or emergency nature where withdrawal of the funds would be necessary to prevent great hardship to the Participant. Withdrawals for foreseeable expenditures normally budgetable such as down payments on a home, vacation'expenses: purchase of an automobile, or college expenses will not be permitted. IX. LEAVE OF ABSENCE 9.01 If a Participant is on an approved leave of absence trestle employer with compensation, or on an approved leave of absence without compensation for a period of not more than six months, his participation in this Plan will continue. 9.02 If a Participant is on an approved leave of absence without • pensation and such leave of absence continues for more than six• . months, said Participant will be deemed to have withdrawn frost the Plan as of the end of such six month period. The Co®ittee ;: shall treat such Participant as if he bad terminated his servie ' and pay such benefit or benefits as.provided for in Section 1.' X. AMENDIS011'OR TERMINATION OF PLAN 10.01 The Employer say at any time terminate this Plan. Upon such termination,the Participants in the Plan will be deemed to hav• e withdrawn from the Plan as of the date of such termination,the Participant's full compensation on a non-deferred basis will be • thereupon restored and the Committee shall treat such Partici- pants as if they had Terminated their Services on theists of the termination and such benefit or benefits as provided in Section 7.01. 10.02 The Employer may also amend the provisions of this Plan at any time; provided,however, that no amendment shall affect the • rights of Participants or their Beneficiaries to the receipt of payments of benefits, to the extent of any Compensation • deferred prior to the time of the amendment, as adyusted for investment experience under the Contract described in Section • .6.01 prior to and subsequent to the amendment. XI. TRANSFERS IN LIEU OF BENEFIT$ Upon the occurrence of any event requiring the payment of benefits . under this Plan, the Committee may, in its sole discretion,elect to . • honor a request from the Participant to substitute the transfer and assignment of say Contracts which the Employer has acquired in connection with such Participant's participation in the Plan,to the said Participant. By such action, all obligations of the Employer to pay benefits under this Plan to such Participant will cease, terminate and expire. 9/3 -i- • XII. NOR-ASSIONABILITT CLAUSE It is agreed that neither the Participant,nor his Beneficiary nor other designee,shall have any right to commute, sell, assign, trsnaf or otherwise convey the right to receive any payments hereunder which payments and rights thereto are expressly declared to be non-assignab'-., and non-transferable{and in the event of any attempted assignment or transfer,the Employer shall have no further liability hereunder;nor shall any unpaid benefits be eubjeci to attachment,garnishment or execution,or be transferable by operation of law in event of bank- ruptcy, insolvency, except to the extent otherwise required by lsr. XIII. B0B-PORFBITABILITY OF BENEFITS •' The Participant shall have no direct rights in or to any Contracts purchased by the Employer under this Plan. However.the Participant shall have at all times a folly vested right to receive the payments provided for under this Plan, subject only to the conditions set forth in this Plan.which right shall not be forfeited by any action','': of the Participant. XIV. APPi.ICABLE LAW This Plan shall be construed under the lays of the State of III WITNESS WHEREOF,the Hennepin County Cooperative Purchasing Program has caused this Plan to be signed by its dully.authorized Of cer, and attested eb��fits Secretary on the /D day of C-0,1149A49I,19 Z.f • ATTEST: manna IB COOWff COOPERATIVE PUECRASIEG PAOORAIS • !'vT c>7r11,1", s>.'I Title ._ 'tM `i uq • / • -5- • • CITY OF EDEN PRAIRIE DEFERRED COMPENSATION PLAN • AMENDMENTS MANDATED BY THE REVENUE ACT OP 1978 Added: 2.01 Includible Compensation: The remuneration for service performed for the Employer which is currently includible in gross income. Amended: 2.02 Deferred Compensation: The amount of Compensation not yet earned which the Participant and the Employer shall mutually agree,as designated In the Participation Agreement which is made a part hereof, shall be deferred in accordance with the provisions of this Plan,subject to the following limltationn (0 The maximum that may be deferred under this Plan for the taxable year(except as provided In paragraph 2.03(b)is the lesser of: (a) $7,500,or (b) 33 1/3%of the Participant's ineludible compensation. (2) For any one or more of the Participant's last three taxable year*ending prior to his Retirement, as defined in paragraph 3(c), the limitation set forth in paragraph 2.02(a)shall be the lesser of: (a) 515,000,or (b) The sum of the limitation set forth In paragraph 2.02(a)and so much of that limitation which has been underutilized since January 1,1979. • Amended: 4.02 Enrollment in the Plans (a) An eligible person,with respect to participation commencing in the initial year of the Plan,may become a Participant prior to or within a reasonable time after the Plan becomes effective by agreeing to defer compensation not yet earned. Thereat ter,a new Participant may agree to defer compensation not yet earned,but such agreement must be made prior to the beginning of the calendar month in which it is to become effective. (b) At the time of entering into an agreement hereunder to defer compensation or at the time of re-entry following a withdrawal,a Participant must agree to defer a minimum amount of$300.00 per year. e(c) A Participant who defers compensation may not modify such agreement to change the amount deferred except with respect to compensation to be earned in the subsequent calendar month or except as provided in Article VItI,hereof with respect to withdrawals. (d) A Participant may at any time revoke his agreement to defer compensation by notifying the Committee in writing 15 days prior to the effective date of the terminations however,his accrued benefits shall be paid only in accordance with this plan. eW A Particiapat who has withdrawn from the Plan,as set forth in Article VIII,or has revd:ed his egreemtn to defer,as set forth in subsection(d),above,may again become a Participant in the Plan by executing a new agreement to defer compensation not yet a earned. However,such agreement must be made prier to the beginning of the calendar month in which it is to become effective. • e • JOINDER AGREEMENT TO THE JUNNEPIN COUNTY COOPERATIVE PURCHASING PROGRAM \ DEPE U ED6 COMPENSATION PLAN THIS A4AEEM®IT is:rude this 19TH Gear of FEBRUARY - , 19 �- by and betreen(city of) Eden Prairie,Minnesota hereinafter referred to as the"IMployer". and the Hennepin County Cooperative Purchasing Program. 1. The Employer hereby adopts the Hennepin County Cooperative Purehasi Program Master Deferred Compensation Plan for the benefit of its eligible thployees,officers and independently contracted personne ' 2. All of the terms,provisions and conditions of the Hennepin County • Cooperative Purchasing Program Master Deferred Compensation Plan ar hereby incorporated into this Joinder Agreement and together they n constitute the Employer's "Plan". 3. In return for the Hennepin County Cooperative Purchasing Program's permission to establish this Plan.the Employerhereby agrees to faithfully carry out its responsibilities and obligations under the Plan. 'thaw!'COUNTY COOPERATIVE • PURCHASING PROGRAM • i ..�, • Title: • City of Eden Prairie.Minnesota .. (RiDlev'er) • • Wolfgang Fenzel 1 Title: rity Maynr • ( Charles� A.Scrh W aon' C BY: AF etrtic�cf CVe pricey CU3 Roger K. !FistedTitles Pity Mansost General Agent 5J1 • • • • • MEMORANDUM • TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services R4t,- DATE: February 14, 1980 SUBJECT: Park Use Ordinance In October of 1976, the Parks, Recreation and Natural Resources Commission first reviewed a draft copy of a Park Use Ordinance. Subsequently, this draft was sent to the Council and then was forwarded to the attorney's office for review and comparison with existing ordinances, etc. This item appeared again on the July 17, 1977 Parks, Recreation and Natural Resources agenda, but was taken off the agenda for some reason (not included in the minutes) and has not been on the agenda since. One of the goals of the Parks, Recreation and Natural Resources Commission for 1980 is to get a Park Use Ordinance adopted for the City of Eden Prairie. At the February 4 meeting, the Commission reviewed the updated ( draft copy of the Park Use Ordinance and have recommended the City Attorney and City Council review this ordinance prior to preparation of a final draft. BL:md • • 6141 • 2/7/80 and CITY OF EDEN PRAIRIE r HENNEPIN COUNTY. MINNESOTA ( ORDINANCE NO. AN ORDINANCE GOVERNING PARKS UNDER THE JURISDICTION OF THE CITY OF EDEN PRAIRIE Section 1. Purpose. The purpose of this ordinance is to secure the quiet, orderly and suitable use and enjoyment of public park properties • administered by the City of Eden Prairie. Section 2. Definition. For the purposes of the ordinance the terms defined in this section shall have the following meanings: 1. City is the City of Eden Prairie. • 2. Director is the person immediately in charge of any park area and its activities to whom all park attendants of such area • are responsible. 3. Park is any open or enclosed space area or facility wherever located which is owned, operated, or controlled by the City which is reserved, designated or used for a playground, picnic area, schoolground, beach, trail, park or other recreation facility, and water surrounded by parks including, but not limited to waters adjacent to beaches which would be delineated as swimming areas by placement of marker buoys, arena, { concessions, playing field or court, structure or building, all parking lots, paths, or roadways pertinent to or used therewith. 4. Person is any person, firm, partnership, association, corporation, company, or organization of any kind. 5. Vehicle includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devises moved exclusively upon stationery rails or tracks. 6. Motorized Recreational Vehicle is any self-propelled, off-the- road, or all terrain conveyance including but not limited to a snowmobile, mini-bike, amphibious vehicle, motorcycle, go-cart, trail bike or dunebuggy. 7. Bicycle any two or 3 wheeled conveyance that is propelled by pedals. 8. Commission means the Parks, Recreation and Natural Resources • Commission of the City of Eden Prairie. 9. Council means the City Council of the City of Eden Prairie. 10. Gambling as defined in Minnesota Statutes 609.7S. ` II. Drugs shall mean any controlled substance as defined by Chapter 152 of Minnesota Statutes and Successor Statutes the possession of which is a violation of Minnesota Statutes 152.09 and Successor Statutes. • 5Lt 8 • _2_ Section 3. hours. Except for unusual circumstances park hours shall be from 6:00 A.M. to 10:00 P.M. or as posted. Variations may be made by the director by written permit. • Section 4. General Conduct. It shall be unlawful for any person to do any of the following: 1. Vandalism and related acts. Remove, break, destroy, injure, mutilate, or deface in any way any structure, monument, statues, vase, fountain, fence, railing, flag pole, vehicle, bench, tree, shrub, fern, plant, flower, fireplace or other property in any park. 2. Littering. Dump or deposit bottles, broken glass, ashes, paper, boxes, cans or refuse of any kind. 3. Personal conduct. Disturb, harass, or interfere with any visitor or park visitors property. 4. Erection of structures. No person in any park shall construct or erect or bring into any park any building or structure of whatever kind whether permanent or temporary in character or run or string any public service utility into, upon or across such lands, except upon special written permit issued by the director. S. Restrooms. No person in any park shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of 6 shall use the restrooms designated for the opposite sex. 6. Gambling, Drugs, and other Activities. Gamble, use, or possess drugs or conduct themselves in a disorderly manner. 7. Distribution or posting of signs or leaflets. Distribute or disseminate leaflets, pamphlets, or other written or printed material or use loud speakers or other amplifing systems or posting of signs or other announcements except with authorization from the director. 8. Sale of articles. No person shall sell or offer for sale any • article or thing whatsoever in any park or parkway, except this prohibition shall not apply to sales of refreshments or other articles by the City of Eden Prairie, its agents, its duly licensed concessionaires, or persons selling under its direction and upon a written permit from the director. Section 5. Fires 1. No person shall start a fire in a park except in a designated area and then only in fire rings, fire scars, portable stoves, or grills. Every person who starts such a fire or uses such a fire shall completely extinguish it before leaving the park and shall dispose residue or refuge therefrom. 5uq -4- Section 9. Vehicles. It shall be unlawful for any person to: 1. Operate any vehicle except in designated areas. 2. Operate a vehicle within a park in violation of posted regulation of the Minnesota Statutes Chapter 169, County or Municipal Traffic Codes or orders or directions of traffic officers or park employees authorized to direct traffic. 3. Operate a vehicle at a speed in excess of 20 miles per hour or posted speed limits. 4. Park or leave a vehicle standing in other than an established or designated parking area, and such use shall be in accordance with the posted directions there or with instructions of any attendant who may be present. 5. Leave a vehicle standing after posted closing hours without a special use permit. 6. Operate a vehicle which elecits excessive or unusual noise, noxious fumes, dense smoke or other pollutants. 7. Operating a vehicle in a careless or reckless manner. 8. Wash, polish, grease, change oil or perform other maintenance on any vehicle except in an emergency. 9. Fail to immediately notify any attendant of an emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person. Section 10. Boating. It shall be unlawful for any person to: 1. Launch or land any watercraft upon any waters within the park except at designated locations and times. 2. Leave any watercraft unattended except in designated areas. 3. Operate any watercraft in a designated swimming area or other prohibited area. 4. Operate a watercraft in a park in violation of City of Eden Prairie Ordinance No. 44 regulating the use of lakewaters and in violation of Minnesota Statutes Chapter 361, Waters and Watercraft Safety. 5. Operate any watercraft in violation of regulatory marker buoys. 6. Water ski or tow a water skier in a designated swimming area, boat launching area or other unauthorized area. 7. Operate any watercraft in violation of rules and regulations limiting motor type or horsepower or size. • _5_ 8. Launch or dock or operate any boat of any kind in any park or park waters between the closing hours of the park at night and opening hour the following morning. Nor shall any person be on or remain on or in any boat during the said closed hours of tho park. Section 11. Swimming and swimming arca. It shall be unlawful for any person to: 1. Take cans, bottles, or glass of any kind, nails, tacks, wires, crockeries or other sharp substances or any refuge into a designated beach area. 2. Use air mattresses, innertubes, or other floatation devices within designated beach areas. Section 12. Other recreational activities. 1. Camping. No person shall set up tents, shacks, or any other temporary shelter, nor shall any person leave in any park after closing any movable structure or special vehicle such as a house trailer, camp trailer, camp wagon or the like without the written permission of the director. 2. Fishing. a. No person shall fish in any park except in those areas designated for open fishing by the director and the State Department of Natural Resources Regulations. b. No person shall clean fish or dispose of the remains except at facilities expressly designated for such purposes in any park. c. No person shall cut any holds in the ice of any park larger than 12" in diameter, without written permission from the director. 3. Dangerous Games. No person in any park shall take part in or abet tho playing of games involving thrown or otherwise propelled objects including, but not limited to balls, stones, arrows, javelins, model airplanes, horseshoes, or darts except in areas specifically designated for such forms of recreation. The playing of rough or dangerous games such as football, baseball, softball, and quoits is prohibited except on the field and courts provided therefore. 4. Ice Skating and Skating a. Skating is prohibited on the frozen waters of lakes within parks unless posted by the director as a designated area safe for this purpose. 661 • • .6. b. No person shall do or engage in any of the following • acts within skating rinks on ico in any park except in the course of winter sports or organized events held under the supervision of the staff of the City of Eden Prairie or its delegate: racing or playing of any games which interfere with the general use of the skating ,. rinks or the use of sleds, toboggans, hockey sticks and pucks. This section shall not be construed to prohibit the use of hockey sticks and pucks upon rinks constructed or designated as hockey rinks by the City of Eden Prairie. • c. No person shall smoke, loiter, or consume alcoholic beverages in any warming house in any park, S. Horsebackriding a. No person shall ride, lead, or allow a horse within a park except in designated areas or trails or on park roadways and at designated hours. b. Ride a horse which cannot be held under control that it may be easily turned or stopped. t c. Ride a horse in a reckless manner so as to create a nuisance or to endanger the safety or property of any park visitor. • d. Tether a horse to a tree or other plant, building, or park equipment. e. Allow a horse to graze or browse. f. Allow a horse on a public beach or ride a horse in public waters within a park. • Section 13. Use of intoxicating beverages. It shall be unlawful for any person to: 1. Serve, possess, or consume any alcoholic beverage in any unauthorized areas as designated by the director. 2. Under the use of alcohol, use threatening, abusive, insulting, obscene, or indecent language or to act in an indecent, lascivious, or improper manner or to do any act which constitutes a breech of public peace in a park. 3. Offer alcoholic beverages for salo except when properly licensed according to City Ordinance No. 327 licensing and regulating the sale and consumption of intoxicating malt liquors and providing a penality for the violation thereof and Ordinance 330 regulating consumption and display of intoxicating; liquor in certain premises, serving of setups and imposing of additional • • fees for state permit under NSA 340.119. .7- Section 14. Aircraft and other flying apparatus. It shall be unlawful for any person to use City property for a starting or landing field for aircraft, ballons, parachutes, helicopter, hang gliders, or other flying apparatus unless authorized by permit from the director. Section 15. Motorized recreational vehicles. 1. It shall be unlawful for any person to operate a motorized recreational vehicle within a park except in such areas and at times designated by the Commission. Such use shall be regulated by the City of Eden Prairie Ordinance No. 175 regulating the operation of motorcycles, minebikes, and all terrain vehicles. 2. Snowmobiling • a. It shall be unlawful for any person to operate a snowmobile in a park contrary to Eden Prairie Ordinance No. 148 an • ordinance regulating the use of snowmobiles, and also in violation of Minnesota Statutes Sections 84.81-84.90, Snowmobile Laws and Chapter 5 Natural Resources 51-59, Snowmobile Rules and Regulations. b. It shall be unlawful for any person to operate a snowmobile in a park except in designated areas and trails. c. It shall be unlawful for a person to operate a snowmobile in a careless or reckless and negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. Section 16. Bicycling • 1. It shall be unlawful for any person to operate a bicycle except on bikeways and roadways and except as close to right hand side thereof as conditions will permit. A bicycler shall be permitted to wheel or push a bicycle by hand over any grassy or wooded trail or on any paved area reserved for pedestrian use. 2. , Bicyclers shall at all times operate their machines with reasonable regard to the safety of others. Signal all turns, pass on the right of the vehicle they may be meeting. 3. It shall be unlawful for any person to operate a bicycle in violation of Minnesota Statutes Chapter 169, Highway Traffic Violations. 4. It shall be unlawful for any person to leave a bicycle lying on the ground or on the paving or sitting against trees or in any other place or position where other persons may be injured by them. • 661 • �r -8- \ Section 17. Meetings, speeches, demonstrations, and parades. It shall be unlawful for any person to conduct public meetings, assemblies, worship services, entertainment, parades, carnivals, or demonstrations within a park without first obtaining a use permit from the director or his designee. Section 18. Permits 1. A permit shall be obtained from the director before any of the following activities are conducted in City parks: carnivals, community celebrations, gatherings of SO or more persons including picnics, celebrations, gatherings, contests, and exhibitions. • 2. A person seeking issuance of a permit shall file an application with the director. The application shall state: a. Name and address of the applicant. • b. Name and address of the person, persons, corporation, • or association sponsoring the activity if any. c. The days and hours the permit is desired. d. The park or portions thereof for which such permit if • desired. e. An estimate of the anticipated attendance. f. Any other information which the director shall find reasonably • necessary to a fair determination as to whether a permit should be issued. 3. The director shall issue a permit when he finds that: a. The proposed activity or use of the park will not unreasonably interfere with or detract from the general • public enjoyment of the park. b. That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation. c. That the proposed activity or use is not unreasonably anticipated to incite violence, crime, or disorderly conduct. d. That the proposed activity will not entail unusual, extraordinary, or burdensome expense for police operation by the City. o. That the facilities desired have not been reserved for some other use at the day and hour required in the application. I -9- 4. A permitee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same wore inserted in said permit. S. The person to whom the permit is issued shall be liable for any loss, damage, or injury sustained by any person wherever by reason of negligence of the person to whom such permit shall have been issued. The director may require insurance as a condition of granting a permit for events and activities where unusual liability exposure may occur. 6. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon a good cause shown. Section 19 Enforcement. Any person wio violates or fails to comply with any provision of this ordinance, provision for issuing a permit or with any posted or publically announced rule or regulation of the City for the use of or conduct in public parks or recreation facilities under the jurisdiction of the City shall be subject to a fine not to exceed $300.00 or imprisonment not to exceed 90 days with cost of prosecution to be added in either case. Section 20 Severability. If any provision or provisions of this ordinance are declared unconstitutional by a competent court said decisions shall not affect any other part or portion of this ordinance, Section 21 Authority to establish rules and regulations: The director shall have authority from time to time to make and establish rules and regulations either emergency, temporary or permanent, concerning the use of any park, or parks or any part thereof. All such rules and regulations shall be posted in conspicuous places therein and such rules and regulations thus posted shall have the same enforcement effect as though they wer part of this ordinance. • 55i MEMORANDUM To: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: February 14, 1980 SUBJECT: Approve Contract for Hiring Architect for Community Center On February 13, 1980, the City Manager, City Attorney and Director of Community Services met with representatives of the Smiley Glotter firm to discuss the contract for architectural and engineering services for the proposed Community Center. In essence the contract is for 6% Of the 2.5 million. The basic compensation if broken into five phases. The first phase is the schematic design phase - 15% ($20,250). During this phase, the architect will spend a great deal of time obtaining information from the City as to the building program needs, priorities, etc. The architect will design the floor plan, dimensions, and the exterior concepts and a schematic design. They will also locate the structure on the site during this phase. At the end of this phase the City should have a fairly good estimate of the cost of the facility as we will have the size of the structure fairly well defined. Phase 2 is a design development stage - 20% ($27,000). During this phase design of the building takes actual shape. Types of materials to be used, types of heating systems, electrical and mechanical systems are determined. At the end of this phase the City will have an even more accurate construction cost estimate. This is really decision time for the City. The City will have to determine what we will include and what we will cut from the final plans and specs. Phase 3 is the construction documents phase - 40% ($54,000). During this phase plans and specifications are prepared for the building process. Phase 4 is the bidding and negotiation phase - 5% ($6,750). During this phase the firm will advertize and receive bids. The final phase if the construction phase - 2O% ($27,000). During this phase the architect will tontine inspections throughout the construction process to insure the structure is being constructed as per plans and specifications. It should be noted that anytime the City requests change orders or alternates to be designed, the design fees are above and beyond the contracted base fee. 557 _2_ The basic $135,000 fee would include design of a facility that would come in under 2 million dollars or within 10% of that figure. If the bid for the • basic facility was over 10% of the 2 million dollar figure, the architect would redesign, at their cost, to get the facility down within the 2 million dollars plus 10% (i.e. 2.2 million dollars). After reviewing the proposed contract document there a number of changes our City Attorney has proposed to the architect. After the architect and our City Attorney have reached agreement on the contract terms it will be presented to the Council for approval. We had hoped to have it ready for the February 19 meeting, however due to the number of changes necessary it will be delayed until the March 4th meeting. BL:md • • • • • 6J • MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services f-'(.-- DATE: February 14, 1980 • SUBJECT: Swedlund Property on Riley Lake As a point of information, the following background is given on Riley Lake Park: 1. The 1968 Guide Plan shows a 60 acre community park at Riley Lake on the Jacques property. 2. In 1972 the 14.3 acre wooded peninsula on the north side of Riley Lake was known as West Minister Heights Camp. At that time, the camp was owned by the Presbyterian Synod of Minnesota and was listed for sale at $135,000. In November of 1972, the Chase-Brackett Co. provided the City of Eden Prairie with an appraisal of that site • estimating the market value at $146,700. 3. In early 1973 Len Swedlund purchased the camp site. 4. In April of 1974 Ken Schaitberger contacted the City concerning • his desire to sell Dutch's Resort. This lead to a study of the entire Lake Riley-Mitchell Lake area and 3 park options were developed. The Parks, Recreation and Natural Resources Commission recommended "a 200 acre option" to the City Council. On June 10, 1975, the City Council approved an option to acquire the Schaitberger property subject to this plan. On June 24, the Council approved the filing of an application for 1976 LAWCON Funding to assist in this purchase. The Schaitberger option was approved and signed in July 1975. • . 5. The application for LAWCON funds was not approved because the Metropolitan Council in reviewing the application said they felt Lake Riley should be included in the Metropolitan Regional Park System. 6. Consistent with this position, the Metropolitan Council included $1,882,500 for the purchase of the 200 acres at Lake Riley in their Five Year Capital Improvement Program based on the City Council action of July 11, 1975 approving the master plan for Lake Riley and directing the staff to forward this plan to the Metropolitan Council for action and funding. l 559 -2- 7. On January 13, 1976, the City Council expressed it's support for the Metro Council Parks and Open Space Five Year Capital Improvement Program including the acquisition of the Lake Riley Park area. 8. March 23, 1976, the City Council adopted Resolution No. 1106, expressing support for legislative action on the Metropolitan Bonding Proposal for the capital improvement program. This legislation was never considered by the 1976 legislative session. 9. In Aril of 1976, the Riley Purgatory Creek Watershed District was approached for assistance in purchasing the Schaitberger property. They did agree to pay 500 of the purchase price under a loan agreement to be repaid if and when metropolitan funding became available for this parcel. 10. On May 25, 1976, the City Council voted to reconsider the Lake Riley Plan stating an intent to provide a city park with Lake Riley access for use and convenience primarily of the southwestern population of the City of Eden Prairie, while at the same time approving, in principle, the cooperative agreement with the Watershed District for it's purchase. 11. On September 7, 1976, the City Council voted to resubmit items to the Metropolitan Council for inclusion in their Capital Improvements Program, being revised for possible legislative action in 1977. These included Anderson Lakes and Bryant Lake. Lake Riley was { listed on the proposal, but (with a footnote concerning the reconsideration action taken in June). 12. The revised Metro CIP includes all three items, Anderson, Bryant and Riley Lake, as they were included in the original Capital Improvements Program developed in 1975. 13. In 1979, the City Council approved the updated Guide Plan that shows Riley Lake Park as a City Park including the total of approximately 50 acres. The existing City park plan does not show the Swedlund property as part of that 50 acre park; however, the Swedlund property is a unique natural resource and should be considered for park purposes. In, early Janaury of 1980, Mr. Len Swedlund informed me that he would soon be putting his property on the market for sale. He asked if the City had any interest in purchasing that property for park purposes. I requested to review the property and asked that he provide the City with some information onthe property and his proposed selling price. On February 4, 1980, this information was discussed at tho Parks, Recreation and Natural Resouces Commission meeting. A copy of the unapproved minutes r of that meeting is attached to the memo. • 6Lo _g_ The Commisson members are generally aware of the value that property would have to a park system. They are also aware of the limited funds available for acquisition of parks. The Commission requested staff to provide this information to the Council to determine if the Council wants to pursue this matter. BL:md • • • � . • • Minutes -Parks, Recreation & unapproved February 4, 1980 C Natural Resources Commission -5- p. MOTION: Tangen moved to recommend to the Council acquisition of all of the tax-forfeited parcels for public use and recommends the Council !h' approve Resolution No. R80-25. D. Anderson seconded the motion and it passed unanimously. Reoess was called at 8:55 p.m. B. Eden Prairie in Action The Commission members agreed to commit their time to this project as follows: Saturday, March 1 12:00 - 2:30 p.m. D. Anderson (not firm-will stand committed unless notifies staff otherwise) ,. 2:30 - 5:00 p.m. R. Johnson Sunday, March 2 9:00 - 10:30 a.m. R. Anderson 10:30 - 12:00 Vanbieter 12:00 - 3:00 p.m. Contact Kruell for this shift • C. Swedlund Property on Riley Lake ( Lambert reported he recently walked the property with Mrs. Swedlund and { ' felt it was beautiful, but expensive at 3400,000.00. • R. Anderson said the Commission made an offer on the property 7 years ago when it was available but missed out. Re feels it is a ver choice piece of property and the City should try to get it. Perhaps use money from selling Bryant Lake Park or money from Conservancy Fund or apply for funding. Lambert pointed out the only funding possible is LMCON and their rules have changed. No suburban community will be approved for more than one grant per year. The City is already committed to Mitchell Lake/Miller Park for funding in 1980 and 1981. Tangen said the property is limited to 2 parcels because of present zoning .and road frontage, and would an option be considered. Lambert felt Swedlund wanted the money at tire or purchase. • Tangen felt the property was beautiful and although development of it • probably couldn't occur for a while because of other park oommitments, the City would regret letting this go a second time. Vanbleter asked if all the buildings on the site would be expensive to maintain. Lambert said only about 4 of the 10 or 12 buildings were in good enough condition to stay. • • • a ' Minutes -Parks, Recreation do = unapproved February 4, 1980 Natural Resources Commission ser' ' -6- NOTION: Tangen moved to recommend that the Council be made aware of the opportunity to obtain the Swedlund Property on Riley Lake. The Commission feels this is a potentially outstanding property for park purposes and asks the Council if it is feasible for the City to look into the possible acquisition of the property. The Commission also points out this is the • Cityes second opportunity to purchase this property. VanMeter seconded • the motion and it passed unanimously. D. Plans for Extension of CSAH 62 '. • Lambert reported that Hennepin County is requesting the City to consider an extension of CZAR 62. Previous plans showed the Crosstown bridged over Rowland Road and now they are proposing Rowland Road going over the Crosstown. Lambert feels the Commission should comment on bike trails across this section of CZAR 62 as project for the future. • R. Anderson felt that trailways was a concern, as well as Beach Road and the erosion and contamination the highway might cause to Bryant Lake. He felt more extensive review of plans is necessary. NOTION: Tangen moved to recommend that the Commission would like to have an opportunity to review plans for extensions of CUR 62 and would then forward their oomments to the Council. Pifield seconded the motion and it passed unanimously. ( Steve Fifield announced this was his lost meeting as a Commission member, and thanked everyone he served with. TIII. ADJOURNMENT ' • The meeting was adjourned at 9:35 P.M. Respectfully submitted,. Carrie Tints Recording Secretary • • • • 643 • • CITY OF ED& PRAIffis • Rodger Uletad City Manager 3db Lambert Parks Supervisor • Len Swedlunds Homestead on Lcke Riley • I4 Acres inolundes • I House • 3 Logges C 6 Chalets • 2• Area meeting buildings with group washrooms I Detached two car garage & workshop Bead swimming beach with dock • Asking price $ 400,000.00 • (Includes five (5) year living priviledges from date of closing) C • 51.11 , . . . - . . . . . - - ,- • 1„•. . . . . . . . • ".,..„....---444:>... ..•' •••• ••• "."-. -- .1 :-,. ---- i • ., 0 '''•-•,_ N. . n47.---/_ J.1144•44a Mx) 0014 N.. . 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Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: February 14, 1980 SUBJECT: Request for Approval to Advertise for Bids for Grading of Homeward Hills Park Plans and specifications have been completed for grading of Homeward Hills Park and copies are available at the Community Services Depaatment Office for review. Staff requests approval to advertise for bids for this project. The City would receive bids on Friday, March 21, at 10:00 A.M. and bids would be awarded at the following Council meeting April 1, 1980. It is essential that this project be completed during the spring of 1980 to insure proper drainage of this low area prior to increased drainage to this area that will be caused by Bluff's West 2nd and Bluff's West 3rd Additions. The plans and specifications call for a contractor to complete the grading. The City will then seed this area and install the park roads and parking lots. BL:md 5[a'7 C Memo TO: Mayor Penzel and Members of the City'Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 14, 1980 SUBJECT: Vacation of Public Roadway in Section 1 The attached petition has been received requesting the vacation of any City interest in a 20' wide roadway easement located in Section 1, as shown on the enclosed drawing. As explained in the petition letter, this easement was established as a reservation and a deed filed in 189B. There presently exists a dirt road which roughly parallels this 20' ease- ment. This road leads easterly from Shady Oak Road for about 2,000' to an'old farmhouse. The City has plowed this road over the past several years. The petitioners own this farmhouse and it has been rented out in the past. Recommend that the City Council adopte Resolution Mo. R80-37, setting a hearing for March 18th. We will submit this item to the Planning Commission for a recommendation prior to the 18th. CJJ:kh Attachment JAM[f•IANNIN PR.NC•S[ONCNSOM LA};KIN, IIOI'F:.AN. DALY & LINDGBEN,LTD. wOR[nl MOIl1.10I .STwOPPe* JAC.P DAL' .KIC.00tt ATTO AT LAW S NCNNCT.t•NDOfLM Cw.wtCS S.wODCLI •NO•[w Po DANQ LfpN SIC.AND A.,ORNC.LCN WC«DClI.N ANDCNSON LINO•N.P•S.[N 1000 NONTNwtSTCNN►1NANCIAL CENTER OCwAtO..Pw• tNO..a$N•T•M-,TOLTM.N S w.1TLOGC .LC**.7000 GENRES AVCNUC SOUTH ...AT^MMLLIO.N CNR•ST o1cTj[N NOSCIn J......00T .SSC., MINNCAPOLIS.MINNCSOTA 56431 NONw.D NCw.0.c..• JONN CS•......00.40 DIA ONO TCLCPNONE eat sas-aeon CDWND A OR•SCOLL JON S.Swi[wjcwSC1 JAMS P.ILCT MICMA[a S. It!I OM.(M.Pula[• ...sic a.'no** Si• .IOf CLNT[R Il01 CONN LCTICYT AVC NUL.M ONO. N[V[N J S.A.... W. Jan..W.ANTNO.T 1.N MI.....COS,MINNCSOTA$N.ON WASNINSTON.O.C.SOOje DAVID G..CILCNON[N .D0[R,.,1..C.CN[IC JOMN O.PULILICN MIC.A[L D.SC.WAST[ TCVE....[10183 1130.3000 TCLCPNONL 1SOS1 SSS-SSS1 NOSLNT C.SOTLC PORS[ST D..01CC-NOwa1N I.II.SVCS OWNS C.PROC NNIAC OP COONSca JOSSP*011112 January 29, 1980 Carl Jullie Eden Prairie City Engineer 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Petition for the Vacation of a Public Roadway Section 1, Township 116, Range 22, Hennepin County, Minnesota ( Dear Mr. Sullies Enclosed is a petition for the vacation of a public roadway addressed to the City of Eden Prairie. The petition is brought on behalf of our client, Gold Medallion Corporation, which owns the property on which the public roadway described in the • petition is located. In accordance with our telephone conversation of December 7, 1979, the petition has • been prepared pursuant to Minnesota Statutes 4412.851. Consenting to the petition are all of the owners of the property adjacent to the roadway. You requested that the petition be directed to your office for preliminary approval. • I would appreciate it if you would review the petition and approve it as to form. It is the desire of our client to complete this matter as soon as possible. After you have reviewed the petition, I would appreciate talking to you so that we may discuss the procedure for placing the matter before the Eden Prairie City Council. Do not hesitate to contact me with any questions or comments you have regarding the petition. Sincerely, /`fs- I.✓. 4. 1 Michael S. Margulie' for LARKIN, HOFFMAN, DALY S LINDGREN, Ltd. ( jt Enclosure cc: Gold Medallion Corporation Joseph Gitis, Esq. . h7.61 • •.LANAHN /RANCH,t.OHOCMON LARKIN, HOFFMAN, DALY & LINDGREN, LTD- No■tPT I ...me N.fTPD,Mw JAC,I DAL, INSt.Cr.PC.CMOO,t ATTORNEYS AT LAW O. HNDOR,N A.NODELL OAM�E LAWN NI A.• LEP wtMO[ll N AN D[POON LINDA N.•wpm,. ( ISOO NORTHWESTERN FINANCIAL CENTER OttMLOM.IAAN. LA •MOMAf,,att,OL,NAw • O.WNITLOCN *TCVEN O.L[w*, FROG XERXES AVENUE SOUTH ALNN C.'Par-SULOOPN C.NIS,OPMES J.DKTI[M .00.11.'N 'ITC MI N..CCN MINNEAPOLIS.MINNESOTA SS43I NONALO N. PK NANDLDUJ.ONO C.[P,CAIION JOwN R,AtNtH TELEPHONE 16111)6]S-]000 t0wAND.I.OWEGO" OOP R.OW I ...CS P.whir r1C11AtI.S. 11$ SINE N.Ivll1R NNytl L. ASP.IDS CENTER t101 CONNECTICUT AVENUE.N.W. 9 SOLOMON ■TLVEM J.SNANIIIO JO■GIN W. TNONA■J.PL,NN _ MINNCAPOLIS.MINNESOTA WASMINOtON,0.C.t00t9 DAVID C. POOLNICNI.waC.CMt,t JOHN D.INLLN[P NICNAEL O.NNwAPT! TCLCPNONE I■III■3S-7900 ONE 1E081 tt3-9399 PO■EPT t.■OTIt MANIA,D,'OICN'NOWLHN I.NAIVE, WA,NC C.POOCNMwA M OOUNOCL OITN January 7, 1980 City of Eden Prairie • Attention: City Clerk 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 • Re: Petition for the Vacation of a Public Roadway Section 1, Township 116, Range 22, Hennepin County, Minnesota Dear City Clerk: This office represents Gold Medallion Corporation, the owner of certain real property (the Property) located in the City of Eden Prairie, Hennepin County, Minnesota, legal- ly described as follows: The West three-quarters of the Southwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22. Except that part which lies West of a line drawn 40 feet East of the following described line: Beginning at a point on • the South line of Section 36, Township 117, Range 22, distant 488.84 feet East of the Southwest corner of said Section 36; thence deflect Southerly at an angle of 95 degrees, 40 minutes, 48 seconds as measured from West to South for a distance of 2373.01 feet; thence deflect to the left along a tnagential curve having a radius of 1432.39 feet (delta angle 67 degree, 22 minutes, 52 seconds) for a distance of 1634.53 feet and there terminating. Attached hereto as Exhibit A and incorporated herein by reference is a copy of a warranty deed (the.Deed) dated June 30, 1898, filed July 6, 1898 as Document No. 281103 in which the West 1/2 of the Southwest 1/4 of the Northwest 1/4 and the West 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 1, Township 116. Range 22, Hennepin • County, Minnesota were conveyed to Anthony Finon. The Deed contains the following reservation: " . H . reserving (a) strip 20 feet wide across (the) South end of land from the S.E. corner thereof West to a public road known (as) Eden Prairie road for (a) public driveway." ( • • 570 H , ( LARKIN, HOFFMAN. DALY Ec LINDOREN, LTD. l City of Eden Prairie January 14, 1980 Page Two The public roadway described in the Deed has never been accepted nor maintained by the township, village or City of Eden Prairie. No utilities are located within the easement strip and the easement has no practical use inasmuch as it has no access to County Road No. 61 (Shady Oak Road). Therefore, pursuant to Minnesota Statutes 5412.851 we request the City of Eden • Prairie to vacate any interest of the public in the easement reserved in Document No. 281103. The statute requires a petition for vacation to be made by a majority of the owners of the land abutting the property to be vacated. The parties owning or having an interest in the property abutting the roadway are listed below: Gold Medallion Corporation 650 Southgate Office Plaza Bloomington, Minnesota 55437 George E. Bren and Lillian Bren 9 Seventh Avenue South Hopkins, Minnesota 55343 Alvin J. Bren and Mildred J. Brea 12535 Beach Circle Eden Prairie, Minnesota 55343 tt First Southdale National Bank 7001 France Avenue South Edina, Minnesota 55435 All of the above—named parties join in this petition as evidenced by the signatures contained in Exhibit B attached hereto and incorporated herein by reference. Please advise the undersigned as to when this petition will be considered by the Eden Prairie City Council so that we may make the necessary arrangements for the publication and posting of this petition as required by State law. Thank you for your assistance. Please contact the undersigned with any questions or comments you have regarding this matter. Sincerely,Al;.' J !t/fay/.Qr' Michael S. Margulies, for LARKIN, HOFFMAN, DALY S LINDGREN, Ltd. C jc • • EXHIBIT A • to the Petition of Gold Medallion Corporation for the Vacation of a Public Road Document No. 281103 • • g ar-. .• p. yr$ ,,_3,- 1j • 9 -ar/,. •CO?r%. 77'7s'Jr - ✓ ✓✓C. .y-•ate' • • • I 51/2 I • • EXHIBIT B to the ( Petition of Gold Medallion Corporation for the Vacation of a Public Roadway The undersigned are all the parties owning or possessing an interest in the property abutting the following described real property located in Eden Prairie, County of Hennepin, State of Minnesota: The West three-quarters of the Southwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22. Except that part which lies West of a line drawn 40 feet East of the following described line: Beginning at a point on the South line of Section 36, Township 117, Range 22, distant 488.84 feet East of the Southwest corner of said Section 36; thence deflect Southerly at an angle of 95 degrees, 40 minutes, 48 seconds as measured from West to South for a distance of 2373.01 feet; thence deflect to the left along a tangential curve having a radius of 1432.39 feet (delta angle 67 degrees, 22 minutes, 52 seconds) for a distance of 1634.53 feet and there terminating. Pursuant to Minnesota Statutes f412.851 the undersigned hereby petition the City of Eden Prairie to vacate and interest of the public reserved in the easement reserved in Document ho. 281103. Date: January 15, 1980 GOLD MEDALLION CORPORATION By �t 7 , Its: Chairman of the Board By:- e !�• Its: ecret ry Date: t- z S- 'I gC 'L'7�(`► �`. �"' George E. Bred Date: I-2 S-I y gO .l.t...E'La-cn.. i2'4..4'�^. Lillian Bran 9a;14„,Data: /.'2S-gU / , , in J. Bran • Date: /-.ZS- � t -,-.." Mildred J. Bran FIRST SOUTHDALE NATIONAL BANK • ' Date: -./7•/y47 By: iCec.. A.C41 Its: z%s a.c �31,,.-01s.d,—► • Its:,,,......._ ,f�,:,.e :yt V3 ( • W 5/y `r S'W %y I "'w yy !y` s�V% n'�' 1/�f st r r., >r h sart. 7 r ,, �E�ec,nast • — -- — — -— •tit,.•-�z rn-J.�� •\ '� {,o). .:' , ;� cs" ; • \ i — l a al:71111f I, • (4): ::::41 ..-.. :‘'::. .:_j,,, t I :I. • (.4;,•N (4) 1. ' . :/ ''' / .,.G.: \.,s, ., \:...4 fl.\:::!,i I �1.0u.s3___- r q ‘ -�•!1-1 1 c9::i t-.J a 1 a 1 s a J-a J-.J lJ 1 to 1=1=1 3 1=J 7 1.'7 J=1 1.=1.a J-11': `7 • February 17, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOfA RESOLUTION.NO. R80-37 RESOLUTION SETTING HEARING FOR VACATING 20' PUBLIC ROADWAY IN SECTION 1-116-22 WHEREAS, it it proposed to vacate a certain roadway easement which is no longer needed and which is legally as follows: Vacating any interest,conveyed to the City by the following reservation: . . reserving (a) strip 20 feet wide across (the) south • end of land from the S.E. corner thereof West to a public road known (as) Eden Prairie Road for (a) public driveway." Which is contained in a Warranty Deed dated June 30, 1898, filed July 6, 1898, as Document No. 281103 in which the West 1/2 of the Southwest 1/4 of the Northwest 1/4 and the West 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 1, Township 116, Range 22, Hennepin County, Minne- ( sota, were conveyed to Anthony Finon NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council as follows: 1. A public hearing shall be held on the 18th day of March, 1980. at the Eden Prairie City Hall to consider the vacation of said easements. 2. The City Clerk shall give proper legal notice of such hearing as required by law (2 weeks published and posted notice.) ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAt ( John D. Frane, Clerk cJT • Feb. 19, 1980 CITY DF EDEN PRAIRIE C HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-38 RESOLUTION RECEIVING FEASIBILITY REPORT AND • CALLING FOR A HEARING (I.C. 51-359) WHEREAS, a report has been given by the City Engineer to the City Council on Feb. 19., 1980, recommending the following improvements to wit: I.C. 51-350, Utility and street improvements on W. 74th St. extended, Norseman Ind. Park 4th NOW, THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements • in accordance with the report and the assessment of • property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Sect. 420.011 to 420.111, at an estimated total cost of the improvement as shown. • 2. A public hearing shall be held on such proposed improvement on the 1st day of April, 198D, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. • ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL • • • John D. Frane, Clerk • 5110 FEB Li 1980 EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOD LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS.MINNESOTA 55402 339-8291(AREA CODE 812( February 7, 1980 Mr. Roger Uistad City Manager City Mall 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 • Dear Roger: Since your last City Council meeting which I attended, I have been watching the bond market closely, keeping in mind the current financing projects of the City of Eden Prairie. At this point there is no question that the bond market is doing very poorly. In the past two weeks it has suffered two major setbacks, forcing the Bond Buyer Index to increase from 7.28% to 7.52% in the last half of January alone. It is therefore my opinion that the City's bond offering tentatively scheduled for February 19 should definitely be cancelled and rescheduled for a later date. The instability of the current market makes it impos- sible to predict how or when conditions will improve, but it is presently my feeling that the City should not plan to sell bonds before late March, preferably early April. if the City were to come to market at this time, it at be able to sell its general obligation recreation bonds, but the interest rate would most certainly not be under 7%. Please forward my recommendations to the City Council and, do not hesitate to call should you have any questions concerning this matter. Very truly yours, EHLERS AND ASSOCIATES, INC. 1 -dt a E.YE. U dete William E. Fahey cc: Mr. John Frane, Finance Director WEF:ds 5117 ! �