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HomeMy WebLinkAboutCity Council - 03/04/1980 • EDEN PRAIRIE CITY COUNCIL -TUESCAY, MARCH 4, 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 Eager; - Finance Director John Franc; Director of Community Services Bob Lambert; Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • II. MINUTES • A. Joint City Council/Planning Commissirn meeting held Monday, Page 578 January 21, 1980 B. City Council meeting held Tuesday, February 5, 1980 Page 581 C. City Council meeting held Tuesday, February 19, 1980 Page 594 III. CONSENT CALENDAR A. Clerk's License List Page 605 B. Set Public Hearing for CNR East PUD & Viking Rezoning for Page 606 April 1, 1980 • C. Set Public Hearing for Tudor Oaks for development stage approval and preliminary plat for April 1, 1980 D. Set Public Hearing for Minnesota Vikings request for Municipal Page 607 Industrial Development Bend approval in the amount of $6,000,000.00 for April 1, 1980 E. Authorization for Year VI Community Development Block Grant Page 608 Appl icat of n F. Receive 100" petition and order imrrovements for Alpine Estates Page 609 2nd Addition, 1.C. 51-372 (Resolution No. 80-47) G. Receive 100% petitior. *nd order improvements for Cardinal Creek Page 612 2nd Addition, I.(. 51-376 (Resolution No. 80-48) H. Receive 10C, pet:t on and order improvements for Meadow Park Page 615 Addition and Heir�ewardHills Road, I.C. 51-360 (Resolution No. 80-49) I. Receive petition from Rosemount, Inc. and set hearing date for Page 621 vacation of excess right-of-way along W. 78th Street for AFT-1, 1980 (Resolution No. 88-541) • Council Agenda - 2 - Tues.,March 4, 1983 J. Receive petition from The Preserve and set hearing date for Page 625 vacation of drainage and utility easement in Garrison Forest 2nd Addition for April 1, 1980 (Resolution No. 80-51) K. Granting of eighteen-month extension on Master's Condomiums Page 630 $ developer's agreement IV. PUBLIC HEARINGS A. Opus Plaza Office Building by Rauenhorst Corporation. Request Page 633 for PUD Development Stage approval and rezoning from Rural to Office. Located west of Co. Rd. 18 and north of Crosstown 62 (Urd,nanee NO 7o-06) B. CABLE TV - Invitations for Applications (Resolution No. 80-44) Page 669 V. PAYMENT OF CLAIMS NOS, 7589 - 7750 Page 671 VI. REPORTS OF ADVISORY COMMISSIONS VII. APPOINTMENTS A. Appointment of 7 members to the Hunting Zone Committee Page 675 VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 80-05, licensing and regulating Page 676 the use and sale of intoxicating liquor and amending Ordinance t No. 202, as amended by Ordinances Nos. 320 and 78-46 B. Resolution No. 80-544 continuing Eden Prairie's participation Page 677 under the new LEAA Legislation as a Joint Hennepin County, City of Minneapolis and Suburban Unit of Government combination entitlement jurisdication C. J Resolution No. 80-45, granting final approval for Municipal Page 681 Industrial Development Bonds in the amount of S1,400,000.00 for Suburban Associates ,,. D. Resolution No. 83-46, granting final approval for Municipal Page 687 Industrial Development Bonds in the amount of $1,350,000.00 for Donald Russ IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Menard, Inc. for an addition to their existing Page 692 storage facility B. Riley Purgatory Creek and Nine Mile Creek Watershed District's Page 693 request for Council's support of proposed legislation X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney 1. Contract for hiring architects for the Community Center C. Report of City Manager Council Agenda - 3 - Tues.,March 4, 1981) D. Report of Director of Community Services 1. Request rmission to advertise and receive bids for grading Page 790 _permission at Staring Lake Park and Flying Cloud ballfields 2. Swedlund Property on Riley Lake Page 703 3. Award tractor bids Page 706 4. Janke property purchase - Anderson Lakes Page 707 5. City/School Site trade-off Page 701 6. Tree Disease Program Page 711 • E. Report of City Engineer 1. Resolution No. 80-52, ordering improvements on Valley View Page 715 Road, Names Way and Bell Rea4, I.C. 51-325 2. Consider bids for Stage I improvements on Valley View Road Page 717 and Homes Way, I.C. 51-325A, an4 sit@ grading. at Round _ Lake Park, I.C. 51-325B (Resolution No. 89-53) 3. Resolution No. 80-55, ordering of feasibility report for Page 729 im rovements on Andersen Lakes Parkway from Preserve u evar to Lake Eden North Addition, T.C. 51-341 4. Change Order No, 2, Shady Oak Road improvements, I.C. 51-344A, Page 724 for additional swamp mucking and time extension F. Report of Finance Director 1. Report from Ehlers & Association on sale of park bonds Page 726 (continued from February 19, 1980) XI. NEW BUSINESS_ � n' XI I. ADJOURNMENT. — e ,i aura> (4 r— v � • I� . JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES MONDAY, JANUARY 21, 1980 CITY COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel and Councilman Dean Edstrom CITY COUNCIL MEMBER ABSENT: Sidney Pauly, David Osterholt, and Paul Redpath PLANNING COMMISSION MEMBERS • PRESENT: Chairman William Bearman, Matthew Levitt, Liz Retterath, Virginia Gartner, and George Bentley PLANNING COMMISSION MEMBERS ABSENT: Okec Martinson STAFF MEMBERS PRESENT: Roger Ulstad, City Manager, Chris Eager, Director of Planning, Jeanie Ohnsorg, Planning Secretary I. APPROVAL OF AGENDA The agenda was approved provided that the following items be added: • E. Discussion on the progress of the Hennepin County Library. F. Discussion on Road improvements in Eden Prairie. Approval was unanimous. II. ITEMS FOR DISCUSSION A. Are penalties in our ordinances and development agreements strong enough to assure compliance? Bearman summarized the concerns of the Planning Commission on this subject, explaining that there have been some violations to developer's agreements by the developers causing,in some cases, irreversible. damage. Roger Pauly, City Attorney, stated that there is the possi- bility of separating the developers agreement into two parts; one being the items that are filed with the county, the other being items that are not filed with the county. He also stated that there is a possibilityafincluding more items • to be assured under a bonding committment. The Commission had the following inquires: What can be done after the developer has already done damage. How should the City measure the damages caused by the developer? How can the City determine if the damages were intentional or an error of the person hired to do the construction? • Joint Meeting Minutes -2- January 21, 1980 . What can be done in this area in order to keep the public's confidence in the City Council and the Planning Commission? Mayor Penzel requested that Roger Pauly look into what legal action can be taken to enforce the developer agreements. B. Planning Commission recommendations based on changes to a developer's plan. [4 The Planner gave an explanation of this topic, and summarized the concerns of the Planning Commission. The Commission emphasized that when they make recommendations for appoval of a project subject to stipulations that they wish it to be considered a recommendation for approval only if all the stipulations are met. The Commission will in the future include in their motions extra emphasis on these items. Mayor Penzel responded that he felt in most cases the Council does not alter the Planning Commission recommendations, how- ever, in some cases the Council had exercised there discre • - tion on specific items based upon discussion presented to the Council. Bearman stated that he felt it might be clearer to forward items to the Council having worked out most of the stipula- tions ahead of time. C. Energy conservation in Planning. Development of remaining parcels according to the Guide Plan goals. Me Planner explained that rn the remaining undeveloped parcels of land in the City,energy conservation should be considered. One of the ways the City can have an effect on energy conservation would be through providing developmant incentives for cluster housing by the use of density transfer from the unbuildable portions of the site. Mayor Penzel inquired if the flood plain zene that was adopted two years agoprevented development in the flood plain? The Planner stated that this ordinance does not prohibit devel- opment in the flood plain but does require a developer to obtain a permit to fill or develop portions of it. Roger Ulstad stated that at the present time the City may allow pp to 20: enchroachment into the flood plain. Mayor Penzel stated that he felt it would be a good idea to allow density transfer on only developable land. The Planner questioned whether density transfer would have any weaning if it were only allowed on developable land. 619 • • • Joing Meeting Minutes -3- January 21, 1980 Bearman stated that he felt that there was an advantage in allowing density transfer from undevclopable land in that l• '. (' it provides density on the gross basis it has been planned for in the over all services structure of the City. He felt that building the number of units planned for could be profitable to the City in that it helped reimburse previously incurred costs. There did not seem to be any concise policy out of the discussion as to how to treat density transfer in general. The feeling seemed to reflect review of projects on an in- dividual merit basis. D. Evaluation of a development project based upon a past track record. • Bearman summarized the concerns of the Planning Commission and inquired if they can use the developer's past track record �. in evaluating thier proposal for approval or denial. Roger Pauly stated he would not advise formalizing a devel- • opers past track record as it-could cause legal problems. He ( • stated that it is best to handle this through enforcement of a developer's agreement. • The Planner stated that there is a certain amount of trust in the developers agreements and inquired what can be done if a developer has shown the City that he can not be trusted. Mayor Penzel requested that Roger Pauly look into what legal action can be taken in this area. • • E. The Council and Planning Commission also had discussion on the Hennepin County branch library in Eden Prairie, and highway improvements for Eden Prairie highways. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 5, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Director of Community Services Bob Lambert; Planning Director Chris Enger; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the Regular Agenda to the Consent Calendar: IV. Request for &pprovaTof Liquor License A. 2ndBrothers Restaurant to be located in the Eden Prairie Center, VIII. Reading of Ordinance No. 79-40 rezoning from Rural to C-Reg-Ser for a Crown Auto Store in Menard's Second Addition and developer's agreement. VIII. B. 2nd Reading of Ordinance No. 80-04, rezoning properties around County Road 4/TH 5 back into Planned Studt, and VIII. C. Resolution No. B0-24, amending Resolution No. 1088, the Personnel Policy. MOTION: Edstrom moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 22, 1980 Pg. 3, 5th para., 2nd line, strike "rpelied" and insert in lieu thereof "replied"; Pg. 4, last para., 5th line, strike "Alman" and insert in lieu thereof "Ullman"; Pg. 5, 2nd para., 4th line, strike "nothing" and insert in lieu thereof "anything"; and on Pg. 13, 2nd para., strike "Councilman Edstrom" and insert in lieu thereof "The Council". MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the Council meeting held Tuesday, January 22, 1980, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Request from Rauenhorst Corporation to change the Opus Office Plaza Public Hearing from February 19, 1980 to March 4, 1980 B. Approval of traffic signal agreement No. 59743M with Mn/DOT for signals at TH 169/Co. Rd. 1 and TH 169/Vo-Tech (Resolution No. 0-31) C. Request for approval of Liquor License for Brothers Restaurant to be located in the Caen vrarrre (.enter ttormer[TTz m.) <;xt Council Minutes - 2 - Tues.,February 5, 1980 D. 2nd Reading of Ordinance No. 79-40, rezoning from Rural to C-Reg-Ser for a Crown Auto Store in Menard's Second Addition and developer's agreement ( formerly item VIII. A.) E. 2nd Reading of Ordinance No. 80-04, rezoning properties around County Road 4/TH 5 back into Planned Study (formerly item VIII. B.) F. Resolution No. 80-24, amending Resolution No. 1088, the Personnel Policy (formerly item VIII. C.) MOTION: Osterholt moved, seconded by Redpath, to approve items A - F on the Consent Calendar. Motion carried unanimously. IV. REQUEST FOR APPROVAL OF LIQUOR LICENSE FOR BROTHERS RESTAURANT TO BE LOCATED IN THE EOEN PRAIRIE CENTER (continued from January 22, 1980) This item was moved to the Consent Calendar (item III. C.). V. PAYMENT OF CLAIMS NOS. 7163 - 7332 MOTION: Redpath moved, seconded by Edstrom, to approve the Payment of Claims Nos. 7163 - 7332. Roll Call Vote: Edstrom, Osterholt, Redpath, Pauly and Penzel voted "aye". Motion carried unanimously. VI. PUBLIC HEARINGS • A. COR Investments Office & Multiple by COR Investments, Inc. Request to rezone 2.8 acres from Planned Study to Office and 1.4 acres from Planned Study to RM 2.5. Located south of TH 5 and West of Superamerica Station (Ordinance No. 80-01) Continued from January 22, 1980 City Manager Ulstad explained this item was before the Council on January 22nd and there was a question on the right in/right out which the Council was concerned about. Planning Director Enger referred to communication from Mr. Katz of Mn/DOT dated February 1, 1980, in which he addressed discussions he had with Bruce Knutson,representing COR Investments, and Mr. Geoff Martin of Howard Dahlgren & Associates, representing Superamerica. Mr. Katz felt after reviewing both plans they're in general agreement with a proposal to allow a right turn off of TH 5 to a proposed street between the two properties, with the understanding that the other two Superamerica entrances to TH 5 would be removed. Enger added COR Investments is happy with the right-in access to their property. Mr. Scott Bradley, representing Knutson Architects, commented the proponents agree with the right-in at the westerly point. Osterholt asked for a clarification, i.e., would there only be one access to the COR property, 4r would there be one at the westerly part and one for the Superamerica boundary( Enger replied the Highway Department is suggesting one access only. Super- america is not before the City at this point for any type of approval. If Superamerica did not proceed4the access to the COR property would be best to the westerly property line with an easement to provide future access for Superamerica. Enger added Superamerica is acceptable to the joint access 6-La Council Minutes - 3 - Tues.,February 5, 1980 A. COR Investments Office & Multiple by COR Investments,„Inc., (continued) on the property line and closing the existing two entrances as part of a property improvement. Pat Minton, 7994 Mitchell Road, asked how a person travelling west on Highway 5 would get into the access. Enger replied if a person turns left and goes south on County Road 4, at this time there is a full access to the Superamerica Station. At some point in time the City expects an improvement which would put a median down Co. Rd. 4, the access to the Superamerica Station would then be via a new street and up through the COR proposal to Superamerica. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and give a 1st Reading to Ordinance No. 80-01, rezoning 2,8 acres from Planned Study to Office and 1.4 acres from Planned Study to RM 2,5 for COR Investments Office & Multiple by COR Investments, Inc. Motion carried unanimously. MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a developer's agreement incorporating the recommendations of the Planning Commission and the Parks, Recreation & Natural Resources Commission, including the latest access and berming commitment. Language should also be included that if Federal approval is not given for elderly housing, any modifications of the land use will be returned to the City for approval. Motion carried unanimously. B. Ordinance No. 79-34, amending the Firearm's Ordinance (Ordinance No. 337)t revising hunting zones (continued from September 18, 1979) City Manager Ulstad referred to petition received from the Mitchell Lake area received October 1, 1979 (attached as part of minutesbrequesting that the Council consider removing that area from the permissible hunting area. Ulstad added as it was so close to the hunting season the Council felt that was not a proper time to start discussing changing boundary lines and requested that this item be reviewed the first of the year. Ulstad displayed a map of present boundaries where hunting is permissible today. The Public Safety Department received very few complaints during the past hunting season, except they did receive some calls from the Mitchell Lake area. Pauly asked if it was or was not permissible by our ordinance to permit hunting where the land is platted. Ulstad replied the ordinance says a person shall not hunt on platted property. Captain Wall added if the people that were issued permits would stay where they are allowed to hunt, they would not have a lot of problems except with the people who do not understand the range of shotguns and the noise they create. Wall commented the tickets issued this year by the Public Safety Department were not issued to people who received permits. Osterholt requested if the Council is going to reconsider boundaries that something more comprehensive be done, i.e., consideration of eliminating • hunting near the Major Center Area as it is a heavily traveled area. Rita Rove, 7900 Island Road, Pat and Patricia Minton, 7994 Island Road, spoke in support of the petition to exclude the Mitchell Lake area from the hunting boundaries. 65 Council Minutes - 4 - Tues.,February 5, 1980 B. Ordinance No. 79-34 (continued) ` Mike Eames, 17345 W. 78th Street, and Lorraine Loscheider, 17660 West 78th Street, stated they do not want Mitchell Lake excluded from the hunting boundaries as they would like to continue hunting on their own property. Osterholt stated limiting hunting to 500 feet from a platted area or house is not sufficient, and if the Council is going to do anything it should be lengthened to• 1,000 feet. Osterholt felt the ultimate solution is not to permit hunting anywhere in Eden Prairie, except in the area along the River bottoms where the hunting club is located. Edstrom suggested drawing a line down the middle of Mitchell Lake: the area east of the lake where no hunting would be permitted, and the area to the west where hunting would be permitted. Mr. Minton commented drawing the ;`• line down the middle of the lake would help. Pauly commented the Council should review the hunting boundaries on a six- month or annual basis. Penzel suggested forming a citizens committee of concerned individuals to. study the question specifically and report back to the City Council within a ]� given period of time, and that the Council would then consider taking action on their recommendation. MOTION: Redpath moved, seconded by Osterholt, to defer action on this item and solicit volunteers to participate on a Hunting Zone Study Committee consisting of seven members to be appointed by the Council at the March 4th meeting, with a recommendation to the Council by June 3, 1980. Redpath, Osterholt, Edstrom and Penzel voted "aye"; Pauly voted "nay". Motion carried. Pauly added she is against the idea of a citizens committee as it is something the Council should be doing and something that could be moved on tonight. The appointment of a committee is an unnecessary step to take and there will be extreme points of view depending on who is put on the committee. MOTION: Edstrom moved, seconded by Osterholt, to continue the Public Hearing on Ordinance No. 79-34 to the June 3, 1980 Council meeting. Motion carried unanimously. Mayor Penzel referred to a communication received from the Insurance Services Office regard- ing Eden Prairie's fire rating which has been increased from Class 8 to Class 5 as of February 1st. In effect,this means that the averagzresidentiai rate can be expected to drop in the neighborhood of 8% as far as fire insurance costs are concerned. C. Public Hearing to order removal of diseased trees (Resolution No. 80-26) City Forester Stuart Fox spoke to his memo dated February 1, 1980, recommend- ing the Council require abatement of the trees on the list submitted to the Council by adopting Resolution No. 80-26. Fox commented he has been ( contacted by some property owners responding to the letter and have noted their responses as far as their reaction and their initiative to take the trees down; however, a substantial amount remains. Osterholt stated last season a number of trees were taken down and left along the roadway, which meant there was a lengthy time when the City didn't take care of their obligation. S�LI . r ,e`s 1 Council Minutes - 5 - Tues.,February 5, 1980 , C. Public Hearing to order removal of diseased trees (Resolution No. 80-26) Continued ( Fox replied this year, with the purchase of a new truck in July, the City is up-to-date in hauling and are prepared to secure additional help in case the backlog becomes too severe. Donald Nemec, 9449 Creek Knoll Road, stated he has taken down some dead trees ; and they were subsequently hauled away. They have one huge tree left; i, however, along side of it across the creek are a dozen big dead elm trees that i1 don't belong to him which he believes belong to the City. Nemec added he called Mr. Fox and said when those trees are taken out he will be pleased to pay for the removal of his huge tree. At that time Mr. Fox told him they are not going to take those trees out as they have been dead for years, which Mr. Nemec does not believe to be true. Nemec commented there have been a few .+ dead ones but about a dozen of them were dying at the same time that his huge OI tree died, and there are some other ones there that will subsequently die. Fox responded he has had conversationswith Mr. Nemec regarding those trees and explained to him that the City does not own all the property down in the creek bottom on Purgatory Creek. Part of the property was platted and subsequently the City was supposed•to receive part of the property as part !i of the original plat. However, the City did not receive this property until f recently (November 1, 1979). The property was owned by Hustad, who had some trees taken out last Spring - the trees were assessed against the property N and the City had to absorb the cost when the property was picked up by the City. There are several trees down there which have been dead in excess of 3 years - the bark is completely stuffed off of them and they are skeletons. 11 ( The trees that would belong to the City are gone. Penzel asked who the trees belong to in the area if they do not belong to the City. Fox replied the other trees are incorporated in the list submitted f to the Council. Penzel requested Mr. Fox meet with Mr. Nemec to identify trees which may not be marked at this time. Mrs. Henderson, 16850 Duck Lake Trail, stated between 168th Avenue and County Road 4 there are many, many trees that have already been marked that have not been taken down on private land. Before the City takes down this 1 year's diseased trees, the rest of the trees should be caught up with. Also on her land is a tree marked that belongs to NSP, and when NSP takes that tree down, Mrs. Henderson stated she will take her tree down. Mrs. Henderson further questioned if there is any way a person can have their r tree tested for a second opinion other than by the City. Fox responded typically any of the tree inspectors which are used during the summer are certified by the State Department of Agriculture. In the case where the City notifies property owners of a diseased tree and they feel the tree is not 4 diseased, the normal procedure is to sample it and send the sample into the i State Department of Agriculture, which is the only certified Lab which will diagnose dutch elm disease. The Lab is not open during the winter season, it is only open during the summer. Fox added he could call the University and see ( if they could set up something in their pathology Lab to take a sample there. Fox commented the other trees referred to by Mrs. Henderson are included on the list submitted to the Council. j Fox explained typically during the summer NSP is very booked up as far as helping property owners remove trees, and they were not aware of the tree that was marked on the corner of 168th Avenue and Duck Lake Trial until he brought 535 Council Minutes - 6 - Tues.,February 5, 1980 C. Public Hearing to order removal of diseased trees (continued) it to their attention approximately December 1st. It is in the City right-of- way, {{ it is a City tree, it is not NSP's tree. The City has contacted NSP numerous times and has not received a response, and it is also on a 22,000 volt power line which the City crews will not work around. Hopefully within the next 30 days NSP will be out to take that tree down. Penzel suggested staff contact Mr. Chmiel, NSP, to ask his assistance in getting the tree down. Council requested an amendment to the Resolution referring to only diseased �! elm trees. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing • and adopt Resolution No. 80-26 as amended, ordering a public improvement r; for the removal of diseased elm trees. Motion carried unanimously. Penzel requested that a memo be sent to the Council by the end of February apprising the Council of the outcome with the Nemec and Henderson situations. VII. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission 1. Request for a joint meeting with the City Council MOTION: Osterholt moved, seconded by Edstrom, to set Monday, March 10, 1980, 7:00 PM, for a joint City Council/Human Rights & Services Commission meeting. Motion carried unanimously. 2. Proposal for the Organization of Citizen Participation in Hennepin County Rosemary Dysinger, Chairperson of the Human Rights & Services Commission, spoke to the recommendations of the Commission as outlined in memo dated January 29, 1980, from Rae Bly. MOTION: Redpath moved, seconded by Edstrom, to adopt the recommendations of the Human Rights & Services Commission as outlined in memo dated January 29, 1980, on the draft Proposal for the Organization of Citizen Participation in Hennepin County and to pass these recommendations on to Hennepin County,emphasizing the fact that the Council believes local control originating through the local appointment process is the only viable way of making it a truly representative system from the communities. Motion carried unanimously. VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 79-40, rezoning from Rural to C-Reg-Ser for a Crown Auto Store in Menard's Second Addition and developer's agreement This item was moved to the Consent Calendar (III. D.). B. 2nd Reading of Ordinance No. 80-04, rezoning properties around County Road 4/TH 5 back into Planned Study This item was moved to the Consent Calendar (III. E.). Council Minutes - 7 - Tues.,February 5, 1980 C. Resolution No. 80-24, amending Resolution No. 1088, the Personnel Policy ( This item was moved to the Consent Calendar (III. F.). IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for an extension of the developer's agreement for Master's Condominiums for 1 year (continued from January 22, 1980) Penzel referred to request from the proponent to continue this item to February 19, 1980. MOTION: Osterholt moved, seconded by Redpath, to continue the request for an extension of the developer's agreement for Master's Condominiums as per the proponent's request to the February 19, 1980 Council meeting, Motion carried unanimously. B. Request for reconsideration by Marvin H. Anderson Construction Company that the Council waive the cash park fee on Valle,_ Knolls Second Addition and amend the developer's agreement accordingly • Dale Happe, Attorney for Marvin H. Anderson Construction Company, gave his understanding of what took place regarding Valley Knolls Addition in 1972 as follows: Back in 1972 the developer came into the City and proposed a plat (Valley Knolls Addition) consisting of 49 lots, and worked out a development with the City donating a park. The Parks, Recreation & Natural Resources Commission and the Planning Commission recommended the Valley ( Knolls Addition for preliminary approval. When it came for final approval the '( City realized they didn't want to put the improvements in for Duck Lake 6j Road so they approved the plat, platting Lot 1, Block 4, and Lot 1, Block 3, which takes the place of the 10 lots along Duck Lake Road. However, the park donation stayed the same from the preliminary approval of 49 lots to the subsequent final approval of Valley Knolls Addition leaving out the 10 lots. There was no waiver on that park donation. The ordinance passed in 1979 provides for cash park deposit in lieu of land. Marvin Anderson Construction Company takes a position they already gave the City land back in 1972 and the City shouldn't ask cash now instead of land. City Attorney Pauly reviewed the state of the ordinance as it existed in 1972, i.e., the ordinance, originally Ordinance No. 93, which was adopted in 1967, and the provision relating to park land and open space was in effect at that time as well as in 1972 when this plat was approved, and provided that as a pre- requisite to approval of the subdivision the owner could be required to convey to the village for public purposes a minimum of 5% of the area being platted or subdivided. Further that such land was to be suitable for public use such as parks and playgrounds, or that the owner could at their option contri- bute an equivalent amount in cash provided payments were then to be placed in a special fund. In late 1978 the ordinance was amended and, as the Council correctly points out, the ordinance as it is presently drafted and presently in effect provided for the dedication of land for public use as parks, playgrounds or open spaces of a reasonable portion of the land up to 10% thereof. Then there is a subsequent subdivision 2 that says at the City's option the subdivider shall contribute an equivalent amount in cash and sets out the $325.00 for single family detached units and there is also some additional language that gives the Council the right to determine whether the amount of cash park fee is equivalent to what the value of the 10% would be and to make some adjustments. The platting that was included in 1979 is a new platting, and therefore the Council is entitled to look at the situation anew Si') Council Minutes - 8 - Tues.,February 5, 1980 B, Request for reconsideration by Marvin H, Anderson Construction Company (continued) and determine whether or not the land owner/developer should be required to contribute land or cash. You really have to go back to 1972 and determine as a factual determination whether the contribution of land was to be ultimately the contribution for the entire parcel, and that would be as applied to our own ordinance. If the requirements of the contribution change from 1972 to 1979, then the Council could impose the additional requirements. City Attorney Pauly asked Director of Community Services Lambert to comment on the usability of the land that was contributed. Lambert replied that in his mind the major difference between 1972 and this plat are the rules today - the park dedication has changed. It added a number of things other than the amount of land, it requires acceptable and usable land and it also refers to density transfers. If this entire plat was under the rules today it would have to comply to 2 units per acre density. They could use the entire park area and we would still charge the cash park fee because using the acreage for the park, they still have 2 units per acre density. In effect, this is a new plat therefore the cash park fee should be paid. General discussion took place regarding the past history of the area. Fred Haas, Vice President of Land Development for Marvin H. Anderson .1 Construction Company, reiterated it is their position that they paid the park deposit in land not in cash back in 1972, and the City accepted that land for the 49 lots, and the proponents are asking the Council to honor that commitment from a previous Council. Edstrom stated he has not seen that ( commitment anywhere in the records. MOTION: Osterholt moved, seconded by Edstrom, that the request for the Council to reconsider the developer's agreement for Valley Knolls Second Addition be denied and that the Council reaffirm the action on the adoption of the developer's agreement as originally drafted as a condition of the platting for Valley Knolls 2nd Addition. Motion carried unanimously. X. APPOINTMENTS A. Board of Appeals & Adjustments. Appointment of two members to serve 3 year terms commencing March, 1980, The names of James Dickey and James Wedlund were placed into nomination. MOTI.ON: Redpath moved, seconded by Pauly, that nominations be closed and a unanimous ballot be cast for the appointments of James Dickey and James Wedlund for three year terms to the Board of Appeals & Adjustments, Motion carried unanimously. B. Building Code Board of Appeals. Appointment of two members to serve 3 year terms commencing March, 1980 The names of Anthony Hirt and Robert Lapic were placed into nomination. MOTION: Osterholt moved, seconded by Pauly, that nominations be closed and a unanimous ballot be cast for the appointments of Anthony Hirt and Robert Lapic for three year terms to the Building Code Board of Appeals. Motion carried unanimously. Councillinutes - 9 - Tues.,February 5, 1980 C. Development Commission. Appointment of three members to serve 3 year terms commencing March, 1980 • • The names of Donald Opheim, Robert Moore and Kent Barker were placed into ( nomination. MOTION: Edstrom moved, seconded by Osterholt, that nominations be closed and a unanimous ballot be cast for the appointments of Donald Opheim, Robert Moore and Kent Barker for three year terms to the Development Commission. Motion carried unanimously. D. Historical & Cultural Commission. Appointment of three members to serve 3 year terms commencing March, 1980 The names of Judy Ellingson, Allene Hookom and Janene Connelly were placed �+ into nomination. AOTION: Osterholt moved, seconded by Pauly, that nominations be closed and a unanimous ballot be cast for the appointments of Judy Ellingson, Allene Hookom and Janene Connelly for three year terms to the Historical & Cultural Commission. Motion carried unanimously. E. Human Rights & Services Commission: Appointment of three members to serve 3 year terms commencing March, 1980 The names of Ann Hodgson Thiel, Bob Norberg and John Reedy were placed into nomination. Motion carried unanimously. MOTION: Edstrom moved, seconded by Osterholt, that nominations be closed and a unanimous ballot be cast for the appointments of Ann Hodgson Thiel, Bob Norberg and John Reedy for three year terms to the Human Rights & Services Commission. Motion carried unanimously. F. Parks, Recreation & Natural Resources Commission. Appointment of three members to serve 3 year terms commencing March, 1980 The names of Robert Kruell, Dr. George Tangen, Pat Breitenstein, James Murphy, Gloria Pond, Fred Baumann, Robert Huntley and Charles Iltis were placed into nomination. Upon tabulation of ballots, Dr. George Tangen, Pat Breitenstein and Gloria Pond were selected to serve on the Parks, Recreation & Natural Resources Commission. MOTION: Osterholt moved, seconded by Redpath, to cast a unanimous ballot • for the appointments of Dr. George Tangen, Pat Breitenstein and Gloria Pond for three year terms to the Parks, Recreation & Natural Resources Commission. Motion carried unanimously, G. Planning & Zoning Commission. Appointment of three members to serve 3 year terms commencing March, 1980 The names of Elizabeth Retterath, George Bentley and Grant Sutliff were placed into nomination. MOTION: Osterholt moved, seconded by Edstrom, that nominations be closed and a unanimous ballot be cast for the appointments of Elizabeth Retterath, George Bentley and Grant Sutliff for three year terms to the Planning & Zoning Commission. Motion carried unanimously. 5$° Counciinutes - 10 - Tues.,February 5, 1980 H. Flying Cloud Advisory Commission. Appointment of two members to serve 3 year terms commencing March, 1980 • The names of Les Lewis and Robert Gartner were placed into nomination. MOTION: Osterholt moved, seconded by Pauly, that nominations be closed and a unanimous ballot be cast for the appointments of Les Lewis and Robert Gartner for three year terms to the Flying Cloud Advisory Commission. Motion carried unanimously. XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Councilman Redpath requested the Council set a Public Hearing for March 4, 1980 for the purpose of the City to authorize the Southwest Suburban CATV Study Commission to issue invitations for bids. MOTION: Osterholt moved, seconded by Pauly, to set March 4, 1980 for the Public Hearing for the purpose of the City to authorize the the Southwest Suburban CATV Study Comnission to issue invitations for bids. Motion carried unanimously. B. Report of City Attorney 1. Request from Robert Kurland for the cost of removal of diseased elm tree Finance Director Frane explained he had a conversation with Mr. Kurland early last week at which time Mr. Kurland indicated he would like to see the documents the City had. Mr. Frane invited him to stop in at the City Hall at his convenience, however, Mr. Kurland did not come into City Hall and knows his item is on the Council agenda this evening. MOTION: Osterholt moved, seconded by Redpath, to deny the request of Mr. Robert Kurland for the cost of removal of his diseased elm tree as per the legal opinion from City Attorney Pauly dated January 31, 1980. Motion carried unanimously. } C. Report of City Manager No report. D. Report of Director of Community Services 1. Letter from Elliot Perovich, Chairman of the Metropolitan Parks & Open Space Commission, regarding Anderson Lakes Park (continued from January 22, 1980) Director of Community Services Lambert stated at the last Council meeting there were a number of concerns voiced reoardina the or000sal from Mr.Perovich and the Metropolitan Parks & Open Space Commission. Lambert referred to his memo dated January 31, 1980,which replied to the Council's concerns and provided the dollar amount that would be reimbursed. Osterholt added he had asked Mr. Frane to develop numbers of what the property would represent in terms of fully developed property. Frane replied the taxes from that property on a fully developed basis would generate to the City and Sgho l District about $1,200,000.00 a year. Council Minutes - 11 - Tues.,February 5, 1980 1. Letter from Elliot Perovich (continued) MOTION: Redpath moved, seconded by Pauly, to approve the proposal that Eden Prairie cease to be an implementing agency both at Anderson Lakes and Bryant Lake, as outlined in Mr. Elliot Perovich's letter under the following conditions: 1) Bryant Lake Park stay in continuous operation 1'. except during major redevelopment projects, 2) the City of Eden Prairie be reimbursed a net amount of $189,065.94 (subject to audit)) - the reimbursement to be $312,458.74 at the time of the agreement, the City will then reimburse the Metropolitan Council $123,392.80 (the amount the City has receivable from LAWCON) upon receipt from LAWCON, 3) Hennepin I# County Park Reserve District, as the implementing agency, commit to constructing an 8 foot asphalt bikeway along Anderson Lakes Parkway prior to 1982, 4) Hennepin County Park Reserve District, as the implementing agency, commit to policing of these two parks, 5) a nature interpretive facility of some type be constructed west of County Road 18 in the "Blacklock Intrepretive Area", and that the City of Eden Prairie be allowed ; to program interpretive programs, in cooperation with the Park Reserve 4t District, out of that site, 6) the Eden Prairie Historical & Cultural Commission be allowed to use the Wayne Brown house and barn, located on County Road 18, as their historical and cultural center through 19B2, 7) Eden Prairie, Richfield and Golden Valley be allowed to phase out the Tree Trust Nursery located in Anderson Lakes Park through 1985, and 8) Hennepin County Park Reserve District, as the implementing agency, commit to removing all diseased elm and oak trees within Bryant Lake Park and Anderson Lakes Park in conformance with City policy on removal of tI trees on public lands. Motion carried unanimously. 2. Metropolitan Airports Commission lease for Flying Cloud ballfield expansion 7i (continued from January 22, 1980) Director of Community Services Lambert spoke to changes which are being made in the lease, and will be available for the Council to consider at a future meeting. MOTION: Redpath moved, seconded by Edstrom, to direct staff to work out the language in the lease for Flying Cloud ballfield expansion,and return same to the Council for consideration when completed. Motion carried unanimously. 3. Advertisement for bids for 198D light industrial tractor MDTIDN: Osterholt moved, seconded by Redpath, to authorize advertisement for bids for a light industrial tractor. Motion carried unanimously. 4. 1979 Tax Forfeited Lands (Resolution No. 80-25) MOTION: Dsterholt moved, seconded by Redpath, to adopt Resolution No. 80-25, regarding application for conveyance of tax-forfeited lands as per staff recommendation of January 28, 1980. Motion carried unanimously. 5. Community Center Committee interview Director of Community Services Lambert spoke to his memo dated February 1, 1980, inviting Council members to attend a meeting on Wednesday, February 6, 1980, where the top four firms will be interviewed. Commission members have also been invited to attend this meeting. 59! Council Minutes 12 - Tues.,February 5, 1980 `l • E. Report of City Engineer 1. Approval of Layout No. 76 (ALT.), Project No. 6839, Hennepin County 62nd Street Crosstown highway project (Resolution No. 80-27) City Engineer Jullie requested that this item be returned to staff p! to be brought before the Council at a later time. Council members concurred with Jullie's request. 2. Resolution No. 80-28, directed to Hennepin County regarding funding for 62nd Crosstown project ;j { City Engineer Jullie requested that this item be returned to staff f to be brought before the Council at a later time. Council members concurred with Jullie's request. 3. Approval of plans and specs. and order bids for improvements on Valley View Road west of Co. R.. 4 including grading at Round Lake Park, I.C. '! 51-325A (Resolution No. 80-29) MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-29, approving plans and specifications and ordering advertisements for bids for Valley View Road, I.C. 51-325, Phase I. Motion carried unanimously. 4. Approval of Layout No. 1, Hennepin County Project No. 7928 for traffic signal and intersection improvements at CSAH 4 and Valley View Road (Resolution No. 80-30) Council requested that Valley View Road not be opened until signals are installed. { MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-30, approving preliminary plans for Alternate No. 1, Hennepin County Project No. 7928, County Road 4 at Valley View Road. Motion carried unanimously. 5. Selection of Engineering Consultant for Water Plantexpansion MOTION: Osterholt moved, seconded by Redpath, to approve the selection • of Black & Veatch Consulting Engineerings for the Water Plant expansion as per staff recommendation. Motion carried unanimously. F. Report of Finance Director 1. Municipal Industrial Development Bond Guidelines (continued from January 8, 1980) Finance Director Frane discussed the statement submitted to the Council which could be attached to the application forms as a cover letter. Council members accepted the idea as outlined by Mr. Frane to be given to potential applicants for Municipal Industrial Development Bonds in the form of a cover letter. 592 Council Minutes - 13 - Tues.,February 5, 1980 2. Tax Increment Financing (continued from January 8, 1980) General discussion took place regarding information submitted by Finance Director Frane. MOTION: Redpath moved, seconded by Pauly, to instruct Staff to develop a program schedule of needed improvements in the Major Center Area which could utilize the tool of tax increment financing. Motion carried unanimously. 3. Clerk's License List • MOTION: Osterholt moved, seconded by Redpath, to approve the Clerk License List as submitted. Motion carried unanimously. XII. NEW BUSINESS No 'New Business". XIII. ADJOURNMENT MOTION: Osterholt moved, seconded by Redpath, to adjourn the Council meeting at 10:45 PM. Motion carried unanimously. • • 593 ii UNAPPROVED MINUTES 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 PRESENT: City Manager Roger Ulstad; Director of Community Services Bob Lambert; Planning Director Chris Enger; Finance Director John Frane; City Engineer Carl Jullie; City Assessor Bob Martz, and Joyce Provo, Recording Secretary INVOCATION: Reverend Douglas Dudgeon, Eden Prairie Community Church PLEDGE OF ALLEGIANCE 1' ROLL: Edstrom, Osterholt and Penzel present; Pauly and Redpath absent. I. APPROVAL OF AGENDA AND DTHER ITEMS OF BUSINESS The following items were added to the agenda as follows: Discussion on Hazardous and Solid Waste as item IX. A. 1., Tax Increment Financing as item IX. A. 2., and Memo from Director of Community Services Lambert on the City/School Site Trade-Off as item IX. D. 5. Also the following items were moved from the Regular Agenda to the Consent Calendar: VII. A. Resolution No. 80-35 granting final approval for Municipal Industrial Development Bonds in the amount of $1,075,000.00 for Eggerichs & Hanson (Crown Plastics Project); VII. B. Resolution No. 80-34, granting final approval for Municipal Industrial Development Bonds in the amount of $2,975,000.00 for Anderson Lakes Partnership; VII. D. Resolution No. 80-33, approving the City of Eden Prairie participation in the Hennepin County Cooperative Purchasing Program Deferred Compensation Plan; IXD.4.. Approval of plans and specificatiors for grading Homeward Hills Park; IX. E. 1. Set hearing for vacation of a Public Roadway in Section 1-116-22 (Resolution No. 80-37); IX. E. 2. Receive feasibility report and set hearing for improvements on W. 74th Street, Norseman Industrial Park 4th Addition, •I.C. 51-359 (Resolution No. 80-38). MOTION: Edstrom moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL SPECIAL MEETING HELD MONDAY, FEBRUARY 11, 1980 Add a sentence to the last motion on page 3 as follows: "Osterholt did not vote on this item as he left the meeting prior to the motion." MOTION: Edstrom moved, seconded by Osterholt, to approve the minutes of the Council meeting held Monday, February 11, 1980, as amended and published, Motion carried unanimously. III. CONSENT CALENDAR ti A. Sot Public Hearing for Norseman Industrial 4th Addition for larch 13, 1980 B. Set Public gearing for Sunset Trails for March la, 15 0 t. Council Minutes - 2 - Tues.,February 19, 1980 18 I C. Set Public Hearing for Rymarland Camp 2nd Addition for March 18, 1980 D. Set Public Hearing for Gonyea PUO for March 18, 1980 E. Clerk's License List F. Preliminary plan approval for T.H. 169 widening and bridge replacement from Leona Road to CSAH 60, Mn/DOT, Project SP 2744-36 (Resolution No. }' 80-36) G. Engineering Service Agreement with Black & Veatch Consultants 1. H. Resolution No. 80-39 for no parking on proposed Valley View Road West of County Road 4, I.C. 51-325 I. Set Public Hearing for Preliminary Approval for Municipal Industrial Development Bonds in the amount o $300,000.00 for Alston and Jean Lundgren for March 18, 1980 J. Set Public Hearing for Preliminary Approval for Municipal Industrial Development Bonds in the amount of $4,080,000.00 for Steven and Bruce Hoyt for March 18, 1980 E, K. Resolution No. 80-35, granting final approval for Municipal Industrial Development Bonds in the amount of $1,075,000.00 for Eggerichs & Hanson �f (Crown Plastics Project) -(formerly item VII. A.) t L. Resolution No. 80-34, granting final approval for Municipal Industrial Development Bonds in the amount of $2,975,000.00 for Anderson Lakes t. Partnership (formerly item VII. B.) "' ( M. Resolution No. 80-33, approving the City of Eden Prairie participation in the Hennepin County Cooperative Purchasing Program Deferred Compensation Plan (formerly item VII. D.) N. Approval of plans and specifications for grading Homeward Hills Park (formerly item IX. D. 4.) 0. Set hearing for vacation of a Public Roadway in Section 1-116-22 (Resolution No. 80-37) - (formerly item IX. E. 1.) P. Receive feasibility report and set hearing for improvements on W. 74th Street, Norseman Industrial Park 4th Addition, I.C. 51-359 (Resolution No. 80-38) - (formerly item IX. E. 2) MOTION: Edstrom moved, seconded by Osterholt, to approve items A - P on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Request for Municipal Industrial Development Bond approval for Tekcom Properties in the amount of $1,250,000.00 (Resolution No. 80-21) Continued from { January 22, 1980 City Manager Ulstad referred to the communication from the proponents asking that this item be continued to the March 18th Council meeting. MOTION: Edstrom moved, seconded by Osterholt, to continue the Public Hearing for Tekcom Properties to the March 18, 1980 Council meeting. Motion carried unanimously. 595 Council Minutes - 3 - Tues.,February 19, 1980 B. Request for Municipal Industrial Development Bond approval for S.K.S. Properties in the amount of $1,000,000.00 (Resolution No. 80-22) Continued from January 22, 1980 City Manager Ulstad explained the proponents called Finance Director Frane and requested that this item be withdrawn from the agenda. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing for S.K.S. Properties and table their request. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 7333 - 7588 MOTION: Edstrom moved, seconded by Osterholt, to approve Payment of Claims (. Nos. 7333 - 7588. Roll Call Vote: Edstrom, Osterholt and Penzel voted "aye", with Osterholt "abstaining" on Claim No. 7528, Motion carried unanimously, VI. REPORTS OF ADVISORY COMMISSIONS No reports. VII. ORDINANCES & RESOLUTIONS A. Resolution No. 80-35, granting final approval for Municipal Industrial Development Bonds in the amount of $1,075,000.00 for Eggerichs & Hanson (Crown Plastics Project). - This item was moved to the Consent Calendar (III. K.). B. Resolution No. 80-34, granting final approval for Municipal Industrial Development Bonds in the amount of $2,9 5,000.00 for Anderson Lakes Partnership This item was moved to the Consent Calendar (III. L.). C. Ordinance No. 79-41, allowing the sale of liquor on the days of "special" elections City Manager Ulstad spoke to Ordinance No. 79-41, recommending the Council consider approval of same. Finance Director Frane added City Staff initiated this request. MOTION: Osterholt moved, seconded by Edstrom, to give a 1st Reading to Ordinance No. 79-41, allowing the sale of liquor on the days of "special" elections. Motion carried unanimously. D. Resolution No. 80-33, approving the City of Eden Prairie participation in the Hennepin County Cooperative Purchasing Program Deferred Compensation Plan This item was moved to the Consent Calendar (III. M.). VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for an extension of the developer's agreement for Master's Condominiums for 1 year (Continued from February 5, 1980) Joe Weis, President of Weis Development, explained they have been involved in the Master's Condominiums project since 1972, and it has been a very frustrating experience for them as they haven't been able to get it off the ground. When they initially started n the project they had financing arranged. Council Minutes - 4 - Tues.,February 19, 1980 A. Master's Condominiums (continued) • It took them well over a year to get the project approved in its present form, and by that time in 1973 the money market was probably as horrible, if not worse,than it is today. Mr. Weis added they are actively pursuing all attempts to get the project started. Osterholt asked Mr. Weis if his company owned the property. Mr. Weis replied they are purchasing the property from Eden Land Corporation on a contract for deed and have invested money in land, architects fees, financing costs, attorney fees, etc., and have about $150,000.000 cash out of pocket in the project right now. Penzel commented he has seen some marketing being done on this property, and asked what kind of effort has been made getting the project started from that standpoint. i • Mr. Weis responded in August they were very optimistic about consummating a construction loan with First Minneapolis. In anticipation of that they geared up their marketing and make arrangements with Edenland to set up a sales office, and the response was beyond their expectations. They took reservation agreements on something like 56 units during the period of about 3 months, and then they were not able to consummate the construction loan. They then felt they couldn't give the people any definite time when they were !] going to start or when they were going to have the units ready, so they ceased the marketing in October. Of those original agreements, there are still 42 of the original people that signed reservation agreements that have not cancelled them out. They were very encouraged by the original marketing efforts. Osterholt asked how many units are anticipated. Mr. Weis replied the original plan was developed with 96 units. They have several three bedroom units in the project, several 1 bedroom and some 2 bedroom units. The 1 bedroom units were practically sold out right away. They hadn't sold over 3 or 4 three bedroom units, so the marketing people suggested the proponents consider redesigning some of the 3 bedroom units into 1 bedrooms, which they were able to do without increasing the size of the building. At this time Mr. Weis asked the Council to consider, along with the request for the extension, approval of increasing the number of units from 96 to 102. Mr. Weis added he has discussed this possibility with Planning Oirector Enger and Mr. Enger apparently discussed this with staff and they really don't see any particular problems with it. There would be requirements that the proponents increase the onsite parking because they would be increasing the number of units, which Mr. Weis stated they would be willing to do. Penzel added in this situation the Council has two separate concerns: 1) whether to extend the agreement, and 2) the question of the change of the number of units because that affects the very basic approval that was given. MOTION: Osterholt moved, seconded by Edstrom, to refer this matter to the City Attorney for a recommendation on the 18-month extension. Motion carried unanimously. Council requested Planning Oirector Enger to make a recommendation regarding the additional units requested based upon a review of the original proposal and rationale that went into the approval of the original number of units. Council Minutes - 5 - Tues.,February 19, 1980 ( IX. REPORTS OF OFFICERS, BOAROS & COMMISSIONS A. Reports of Council Members I. Councilman Edstrom gave an indepth report on legislation before the State House and Senate on solid and hazardous waste. Edstrom stated he will continue to keep the Council up-to-date as things progress. Edstrom added, the committee the Council appointed him to serve on with Hennepin County is also about to begin their meetings and he will also report back to the Council as they progress. Also Hennepin County is holding Public Hearings to consider amendments to ordinances which affect solid and hazardous waste disposal within the County. 2. Mayor Penzel explained the Council has been looking at the potential of tax increment financing for some time and there are still some questions remaining. Penzel requested that those questions be brought forward to the Council and Staff so some answers might be developed. However, in the interim, Penzel requested the Council's consideration of instructing the City Manager to go forward to the owners in the Major ! Center Area, as one of the potential districts, merely advising them }� of the fact the Council is looking at this potential means of financing and soliciting their response as to their feelings about this approach. Council concurred with Penzel's request. ( B. Report of City Attorney No report.C. Report of City Manager No report. 0. Report of Director of Community Services 1. Park Use Ordinance City Manager Ulstad reported that the Parks, Recreation & Natural Resources Commission have in the past talked about an ordinance regulating what should or should not be done in the parks. Mr. Lambert has included an ordinance on this subject for the Council's review, and hopefully the Council will refer the ordinance to our City Attorney for any corrections or editing that might be necessary if the Council feels the request is a justifiable one. MOTION: Osterholt moved, seconded by Edstrom, to refer the Park Use Ordinance to the City Attorney and the Parks, Recreation & Natural Resources Commission. 2. Approve Contract for Hiring Architect for Community Center City Manager Ulstad requested, upon the advice from the City Attorney, that the Council not take any action on approving the contract for hiring an architect for the Community Center until all the items are worked out and the architect signs the contract. No action taken. 697 Council Minutes - 6 - Tues.,February 19, 1980 ' { 3. Swedlund Property on Riley Lake City Manager Ulstad spoke to memo submitted by Director of Community Services Lambert dated February 14, 1980, which outlined the background on Riley Lake Park. Ulstad explained Mr. Swedlund has informed the City he is putting his property on the market for sale and asked if the City had any interest in purchasing the property for park purposes at a proposed selling price of $400,000.00. Ulstad added that the Parks, Recreation & Natural Resources Commission reviewed the possibility of purchasing the Swedlund property at their February 4th meeting. Osterholt commented he was on the Council at the time this property was supposed to have been offered to the City. However, this item never came before the Council. Appraisals were conducted at the request of staff, but never brought before the Council for consideration. Edstrom stated he has not actually seen the property other than drive by from time-to-time; however, it seems like a fairly attractive parcel c. and it would be worth at least considering the possibility. Edstrom added he could see two major questions: 1) price that is being asked, and 2) if financing can be arranged. Council referred this matter to staff for information as to how the City could pay for this property, and what can be done with the property. 4. Approval of plans and specifications for grading Homeward Hills Park A This item was moved to the Consent Calendar (III. N.). 5. Memo from Director of Community Services Lambert on the City/School Site Trade-Off Osterholt asked Director of Community Services Lamber to develop, on the basis of what was included in the memo. a rundovni on the sites mentioned as to who owns those properties and how they were acquired, and to report these findings at a future Council meeting. E. Report of City Engineer 1. Set hearing for vacation of a Public Roadway in Section 1-116-22 (Resolution No. 80-37) I This item was proved to the Consent Calendar (III. 0.). 2. Receive feasibility report and set hearing for improvements on W. 74th Street, Norseman Industrial Park 4th Addition, I.C. 51-359 (Resolution No. 80-38) This item was raved to the Consent Calendar (III. P.). F. Report of Finance Director 1. Report from Ehlers & Associates on sale of park bonds Bill Fahey, Ehlers & Associates, referred to his communication to the Council dated February 15, 1980 (attached as part of minutes), stating there are no bids. Today was a bad day for the bond market with the ri01 increase in the discount rate by the Federal Reserve, and also with a Council Minutes - 7 - Tues.,February 19, 1980 1. Report from Ehlers & Associates (continued) parallel increase in the tax exempt field. Federal securities have been pushed in the neighborhood of 14 and 14 3/4%. If one considers, for example, the relative yield to somebody in the 50% income tax bracket of a 14 or 14 1/2% security, we would have to have a municipal security well in excess of 7 3/4% to get them that same yield. What happened today, they found a mass migration of dollars from the tax exempt field into the Federal market. On last Monday, Federal securities could not even be sold for more than 15 years. There were three bond sales scheduled tonight other than the one for Eden Prairie. One was for only 9 years and it was debatable at 5:00 PM whether there were going to be any bids for that one or not - that was an "A" rated City in the metropolitan area. The other sales were for a medical facility, which Fahey doubts will receive any bids as they did not have any by 5:00 PM, although their fiscal consultant was an underwriter and they may get money from them. The other was one of Ehlers sales which was a General Obligation medical facility in western Minnesota, "A" rated, and they did not receive any bids. The tax exempt market in the midwest right now for all practical purposes for "A" rated cities and below is dead. There is very little space for anybody to market any kind of tax exempt issues under 7 1/2% and maybe not even then. As long as there is a movement of total dollars in the Federal market, and as long as the Federal securities are at 14% to 15%, it is going to be awfully difficult, unless a good insurance company can be found to take one issue. Fahey further commented they had a conference in their office as to what they might recommend to good credits like Eden Prairie and several others that they have waiting. One, of course, is to seek insurance to obtain a ( higher credit. For example, they can seek insurance from one of the two insurance companies across the country and could raise the rating from a single "A" to a double or triple "A", which generally would mean a reduction in the interest costs from a range of 35 basis points to 50 basis points. That means in the first five years we would recover the premium and more. However, as long as the tax exempt rate is half or less than half of the Federal rate, it is not going to make a great deal of difference because generally people are going to be rather reluctant to buy into the tax exempt field with the Federal rates as high as they are. Penzel stated while he understands the rationale, he has a real problem with the contravention of the Council's direction which was to publish irrespective of what happened in the market. Would assume someone with the experience of Mr. Fahey and the Ehler's firm would have known the proper method was to let the Council know, knowing full well it is in the Council's :, capacity to call a meeting within a day's time to take appropriate action on the knowledgeable advice of Mr. Fahey,as the Council has taken that advice conscientiously in the past. Penzel expressed dismay and felt what has happened is really a breach of all of the Council's principles of operation. Mr. Fahey formally apologized to the Council and stated he knows government I law and government practice, and it is the first time this has ever happened to him and he does not intend to have it happen again. During the last 3 1/2 weeks he has spent more time studying the market, trends of the market, trying to find somebody that has some idea. Right now Fahey stated he does not see any positive vibs at all, with the exception of a few people that are just positive thinkers. As long as the Feds see fit to push Federal rates, or control the economy with the discount rate or the Federal rate, or both, as they have in the past, it is going to be extremely difficult to see very much positive happening. Fahey commented I.�'ri wa tia„o t„ f4n,1 a market_ ecnecially in regard to the issue in question, • • Council Minutes - 8 - Tues.,February 19, 1980 1. Report from Ehlers & Associates (continued) because if we can't build this facility, we are going to find that inflation will outstrip the value of the bonds voted. Ehlers right now is in the process of attempting to find out, if anybody can, where the market is going. ` They have one of their officers in Chicago today and have had Mr. Ehlers on the line to New York trying to find some break as they want to bring the Council some kind of a positive note. Can't bring anything very positive at this point as everything that has happened in the last two or three weeks has been absolutely a mess. Edstrom asked in today's markets if funds can't even be raised on a triple "A" bonds. Fahey replied a triple "A" may be able to so long as they keep the maturities down to ten years. When the issue in question was put together back in January, they had the issue for essentially 17 years. That was safe, they had plenty of room in the bond market, it simply deteriorated so rapidly. Edstrom questioned if there were any triple "A" bonds on the market today. Fahey replied in the negative, adding the only triple "A" that has come to market is the City of Minneapolis on February 7th and they only went up to 1992 at 6.68/6.70%, and that was the week before the big'drop. Ulstad asked Mr. Fahey to explain how the insurance aspect works. Fahey explained it takes about two weeks longer than the normal bond sale. This one is all prepared so it wouldn't take too much longer. It takes about one week, seven days, at the insurer. If it is in Milwaukee they are much more accessible than a New York office. The fee ranges from 1/2 to 1%, and today i. from 5/8 to 1 1/8% as they are taking advantage of the market. The revenue issue is much more expensive. In other words, it is 1 1/8% or even 1 1/4% - they don't exactly put a ceiling on that. However, for a General Obligation issue for a City such as Eden Prairie, Fahey believes it would be around 3/4 of 1% of the total principal and interest paid on the day of the delivery of the bonds - a one time charge. Osterholt questioned what if we get to April or May and we still don't get favorable market conditions. Fahey replied we have a couple of choices. Fahey explained he is looking at sometime in mid-April and he is going to try from Eden Prairie's standpoint to see where the market will be at about that time. Then we have to decide whether to seek insurance, if insurance is at • all feasible, or if the market remains where it is at right now it probably won't make any difference. We have to wait and see what the Legislature is going to do. If the rates do not change, then we are simply out of the market unless we reduce the term of the bonds from 17 years down to 10 years - the projected mill rates would change from about 3 to about 6 1/2. When the market becomes a little bit more stable then 10 year bonds will be marketable. , Edstrom asked the lead time between the time the Council takes action to approve the advertisement for bids and the actual date of the bond sale. Ulstad replied the time that you take action and notices in the paper, it is a three week span (advertising twice). Fahey added they could have an authorization for a special date from the Council, then go for that date. If they did not receive any bids within the 7% limitation, the Council then reserves the right to seek then proposals from • anybody and everybody for 30 days on that issue. Edstrom suggested a memo be drafted of what was discussed this evening and given to all Council members, especially to those not present at this evening's meeting, and invite Mr. Fahey to come back before the Council on March 4th. Council concurred with Mr. Edstrom's request. t I-)' • Council Minutes - 9 - Tues.,February 19, 1980 u X. NEW BUSINESS No "New Business". XI. ADJOURNMENT MOTION: Osterholt moved, seconded by Edstrom, to adjourn the Council meeting at 8:55 PM. Motion carried unanimously. • j}P i ' EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS MST NATIONAL-SOD LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS.MINNESOTA 55402 339-B291 IAREA CODE 6121 • February 15, 1980 • Mayor Wolfgang Fenzel and Members of the City Council Dear Sirs: .I want of offer my apologies for removing the Recreation Issue from the bond market without consulting the Council. I know government law and procedures, so there is no excuse, • however, I would like to share with you the events up to my decision. ` • • Following the Council meeting (8/1/79) calling the sale of bonds, we proceeded as normal analyzing the data and inform- d� ation for the Official Statement as well as keeping a watch- ful eye on the bond market. You may recall I indicated that many analysts were forecasting a decrease in tax-exempt rates during January and February. ( The market remained stable until the week of January 28th to February 1st, when the Bond Index rose from 7.33% to 7.52%. • By this time material had been sent to the Rating Service because we were busy laying the ground work for an A-1 rating by giving them more time and more data. As the week passed, the level of pessimism spread among the underwriters both in banks and investment houses. Along with the decaying market, discussion with Moody's turned negative because the February 18th sale date was so close to the prior sale of November 20th. The following Monday afternoon, I directed the advertisements of the sale stopped after discussions with three potential bidders. By late Monday, February 4th, it was apparent the tax-exempt market was increasing to record highs. On February 7th, the City of Minneapolis -- rated Aaa -- marketed an issue which was treated as a Baa-1 security. The index of February • 8th reflected the panic market by rising from 7.52% (2/1/80) to 7.71%. I was quite proud of myself for pulling the sale because the rating service was pleased, and we were able to avoid a market that in all probability, would not have generated a bid within the 7% statutory limitation. Today the index reflected an additional increase to 7.75%. Also with the announcement today of a 1% increase in the Discount Rate, there seems to 03 • 41% • Mayor•Penzel and City Council February 15, 1980 Eden Prairie, Minnesota page 2 be little hope of an immediate turn-around. I will be in attendance at the February 19th Council Meeting to accept any and all criticism. Very truly yours, William E. Fahey • cos Mr. Dean Edstrom, Councilmember • Mr. Paul Redpath, Councilmember Mr. Sidney Pauly, Councilmember Mr. David W. Osterholt, Councilmember Mr. Roger Ulstad, City Manager Mr. John D. Frane, Finance Director/Clerk • • • • F 40q • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST k' March 4, 1980 CONTRACTOR (1 & 2 Family) S. J. Schneider Construction HEATING & VENTILATING Bowler Co. Inc. Dependable Heating & Air Conditioning Plumbing Services Company H. 0. Soderlin, Inc. GAS FITTER Bowler Co. Inc. Plumbing Services Co. H. 0. Soderlin, Inc. PLUMBING Bowler Co. Inc. H. Olson Plumbing Co. Plumbing Services Company Welter & Blaylock, Inc. REFUSE COLLECTION Jacobson Sanitary Service PRIVATE KENNEL LICENSE Theresa Elliott Micheal H. Warren These licenses have been approved by the department head responsible for the licensed activity. -4•01f� yr. /a"vtza Cindy M.`Plante, Licensing Clerk FEB„.„ 2 8 ISO February 26, 1980 r Mr. Roger Ulstad City Manager City of Eden Prairie '! 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Public Hearing - CNR Golden Strip/East Mr. Ulstad: 1 This letter is to request the City Council to hold a public hearing on the CNR - Golden 1 Strip/East Planned Unit Development and Preliminary Plat Proposal. The 73-acre site is located between I-494 and Nine Mile Creek and west of Washington Avenue. Thank you for your attention. BRAUER & ASSOCIATES LTD., INC. Niteit/ Chuck W. Hefty Administrative Assistant vww 1 // • 60(0 7901 Flying Cloud Drive,Eden Prairie,Minnesota 55344 ❑ (612)941-1660 • • • ‘$4,14. ` d-S. Ti11 7110 FRANCE AVENUE SOUTH EDINA,MN 55435•,t t.- 9:0-+ JS February 28, 1980 Mayor and City Council 8950 Eden Prairie Road• Eden Prairie, Minnesota 55344 Gentlemen: On behalf of the Minnesota Vikings please consider our request for a public hearing, April 1, 1980, for the purpose of considering our application for M.I.R. funding for approximately $6,000,000. Sincerely, a Grady Alderman Director of Planning and Development GA/rls GO'7 Year VI C.D.B.G. t. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-40 s' A RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF EDEN PRAIRIE COMMUNITY DEVELOPMENT PROGRAM TO HENNEPIN COUNTY FOR CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN. ACCORO WITH THE HOUSING ANO COMMUNITY DEVELOPMENT ACT OF 1974 , AS AMENDED. . WHEREAS, The City of Eden Prairie has executed a Cooperation Agreement with Hennepin County agreeing to participate in the Urban Hennepin County Community Development Block Grant Program, and WHEREAS, a three year Community Development Program and Housing Assistance Plan has been prepared consistent with the Comprehensive Urban Hennepin County Community Development strategy and the Community Develop- ment Program Regulations, and WHEREAS, the three year Community Oevelopment Program and Housing Assistance Plan has been subject to citizen review pursuant to the Urban Hennepin County Citizen Participation Plan. BE IT RESOLVED, that the City Council of the City of Eden Prairie approved the proposed three year Community Development Program and Housing Assistance Plan and authorizes the execution of the application material and its transmittal to Hennepin County for consideration as part of the Year VI Urban Hennepin County Community Development Block Grant Application. ADOPTED by the City Council of Eden Prairie this _day of 1980. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane., City Clerk SEAL • 607 • March 4, 1980 • CITY OF EDEN PRAIRIE ( HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-47 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS IN ALPINE ESTATES 2ND ADDITION (I.C. 51-372) _ BE IT RESOLVED by the Eden Prairie City Council 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed sewer, water and street improve- ments in Alpine Estates 2nd Addition, I.C. 51-372, at an estimated total cost of $35,000, have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, Ahd upon recommendation' of the City Engineer, said improvements are hereby ordered and ' the City Enginneer shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on • Vdlfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk t(A MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 27, 1980 SUBJECT: Alpine Estates 2nd Addition Improvemeritt I.C. 51-372 The attached 100% petition has been received from the owner and developer of Alpine Estates 2nd Addition. The petition requests the extension of sewer and water service and street improvements on Alpine Trail from Alpine Way to approximately 300' east. The estimated •cost is $35,000. We propose to combine this project with two others for bidding purposes. All engineering will be completed by the City Staff. Recommend approval of Resolution No. R80-47, receiving a 100% petition and ordering improvements in Alpine Estates 2nd Addition, I.C. 51-372. CJJ Attachment G?6 • If • .0 = =•=N FAIPIE CITY COJt:CIL; The undersigned are all the fee owners of the real property described 11 below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: (General Location) )( Sanitary Sewer C,%e Ce AG P j ji[ --ra- )( Watermain r r• _ Storm Sewer.. . Street Paving _ le • • Other • { Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We fuether understand that the`DO . preliminary, estimated total cost for the said improvements is '�sj 1 Street Address or other Legal Names and addresses of Petitioners I ( Description of Property to be ser/vfed (Must be owners of record) i ---, ..44•.• 191,--41-.—iglirt .,..1.. 1 I (Far City use) Date Received Project No. 5I.311... Council Consideration 5J 4/1.0 CO March 4, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( RESOLUTION NO. R80-48 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS IN CARDINAL CREEK 2nd ADDITION (I.C. 51-376) BE IT.RESOLVED'by the Eden Prairie City Council: _ . 1. The owners of IDO% pf the real property abutting upon.and , ' to be benefitted from the proposed sewer, water and street improvements in the Cardinal Creek 2nd Addition, I.C. 51-376, at an estimated total cost of $308,000, have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to N.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer, with the assistance of Rieke Carroll Muller • Assoc., Inc., shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL Jahn D. Frane, Clerk MEMO TO: Mayor Fenzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DAT: February 28, 1980 SUBJECT: Cardinal Creek 2nd Addition Improvements I.C. 51-376 The attached 100% petition has been received from the owners and developers of Cardinal Creek 2nd Addition. The petition requests the extension of sewer and water services and street improvements which will serve the 28 lots in this second addition. Utilities in the Cardinal Creek 1st Addition have been installed by the City and the street improvements therein are also under City contract and will be completed this sunmer. Our preliminary estimate of the project cost is S308 400. We propose that RCM Associates will provide engineer- ing services for this project as a continuation of their work in the first addition. Recommend approval of Resolution No. R80-48, receiving the 100% petition and ordering the improvements in Cardinal Creek 2nd Addition. I.C. 51-376. CJJ:kh Attachment 61S F CITY OF EDEN PRAIRIE, MINNESOTA • 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: : The undersigned are all the fee owners of the real property described below and herein petition for the City of Eden Prairie City Council to proceed with making the following described improvements: General Location Sanitary Sewer - Yes See Plat of Cardinal Creek 2nd Addition Watermain - Yes See Plat of Cardinal Creek 2nd Addition Storm Sewer - Yes See Plat of Cardinal Creek 2nd Addition Street Paving - Yes See Plat of Cardinal Creek 2nd Addition Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specifically assessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is undeter- mined. rII Street Address or Other Legal Description of Propery to be Served: i) ( That portion of the East One-Half (1/2) of the Southeast Quarter (1/4) of Section 3, Township 116, Range 22, Hennepin County, Minne- sota, lying Westerly and Southerly of the existing centerline of Nine Mile Creek Names and Addresses of Petitions: • Western onstructi Company, Inc. f 13y , r SI Its V.cE-Peessaf-'-r— • v'":%`/(/j//' : : =/-‘ IN THE PRESENCE OF: Russell C. Marsh / r..i.....:1-7 en C ,44,- 3 i As to her 'k Helen E. Marsh {�� C (A o-`\he mark) For City Use V Date Received 2.i12 ? •i Project No. L!•. 'i-lit., Council Consideration f7:t /:.:0 GtLI March 4, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-49 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS IN MEADOW PARK ADDI- TION AND HOMEWARD HILLS ROAD (I.C. 51-360) BE IT RESOLVED by the Eden Prairie City Council: - 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed sewer, water and street improvements in Meadow Park and Homeward Hills Road, I.C. 51-360, have petitioned the City Council to construct said improve- ments and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon reLoimendation of the City Engineer, said improvements al.e hereby ordered and the City Engineer, with the assistance of BRW, Inc., shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 28, 1980 SUBJECT: Meadow Park and Homeward Hills Road Improvements I.C. 51-360 The attached 100% petition has been received from the owners end developers of Meadow Park Addition and Lake Heights Addition requesting the extension of sewer and water service and street improvements in the Meadow Park Ad- dition and on Homeward Hills Road. The preliminary estimate of costs is $730,000,.which breaks down as noted on the petition forms. Pending final design it may be possible to eliminate some of the sewer and water lines proposed along Homeward Hills Road and thereby reduce the assessment costs thereof. We propose that BRW, Inc., provide engineering services for this project. Recommend approval of Resolution No. R80-49 receiving 100% petition and ordering improvements for Meadow Park Addition and Homeward Hills Road, I.C. 51-360. CJJ:kh Attachment 416 • CITY OF LULN rnnanan, r.a.•.•aavan 1 300% PETITION FOR LOCAL IPDROVEMENTS II • TO THE EDEN PRAIRIE CITY COUNCIL: ttii • The undersigned are all the fee owners of the real property described Y• below and herein petition for the Eden Prairie City Council to proceed t with making the following described improvements; • (General Location) y Sanitary Sewer J (,i) 13,(Z} f II / Watermain • Storm Sewer 1 X Street Paving t` Other Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any 1 public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We fuether understand that the preliminary, estimated total cost for the said improvements is"��N3O,/C'OO Street Address or other Legal Names and addresses of Petitioners Description of Property to be served (Must be owners of record)( AA-79430k! lar,K97.;tc/ ` C : 9/ J ./�la',1 :r . l • `11/.4;txjI `C1/SC S`,WS"S" / A.•,, . � ,,_.rct, ,79£ _f1�.G., t.�..4.., 77 . - t::,41; . , Sty c4 _ 3/6 /t752 C�r-4.,.stvidi i r/0 41GS•k•A4 &i S555kv -JN dila Blaisdell Ave.S. - aoeMaid.>tw, ssaz:I r•' I (For City use) Date Received Z/2 S /Q,d Project No. t.C.c1.3(e0 Council Consideration S Jtd /c o • • ti/-. :D:'t ;ET-'_C_'OP lij: L .':r'= 5 :"J : - EDEN PRAIRIE CITY CUNTIL: 1 The undersigned are all the fee owners of the real property described • below and herein petition for the Iden Prairie City Council to proceed ( with making the following described improvements: . (General Location) Sanitary Sewer • _111 Watermain ' .. . __Z Storm Sewer . . • V Street Paving • Other Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We fuether understand that xhe preliminary, estimated total cost for the said improvements isP nee)000 • Street Address or other Legal Names and addresses of Petitioners Description of Property to be served (Must be owners of record) / • .2. . °/Pr y.�•,-aa /77Q < 1.4.1,.' a W t Sh'Ns_ . ` , fi �a7s17'3io s�.,��C R.� AN xs g �_ ,/�a. (� ,{yam+. Richfield.NW. 55149 r -t" i'-rs�ed/e..e/ 'C./ i-e � - (For City use) 1 Date Received Z/2 S 1 60 • Project No. I.G.S 16,d { Council Consideration 11/1/ 160 6I. • ,.�'S 1•�,--I_ ,._ _.'_�__._"L r_._':._ .TS 1! i0 .::E z:Es F:AIRIE CITY C0.r;CIL: • li The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed t with making the following described improvements: f (G'eteneral Location) Sanitary Sewer U11 .� Fi i �df; Q __ 7. Watermain eft t r � �}(, (t� �r,v �� • ::: :: f / H . Other Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any •i public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We fuether understand that the preliminary, estimated total cost for the said improvements is 'V 000 -A--... ...r..T. A:..-.` t eC� `e‘�'=r.- ' -a( t'c 1-'„__ c d ._\ 'd,:,•:'. Street Address or other Legal Names and addresses of Petitioners I Description of Property to be served (Must be owners of record) I ' -:. i'R....,%Li L =z-t-.34 4 (For City use) Date Received 2 A 3/6 G Project No. I.C.4;1:.3i1__ Council Consideration '.l/u/1.V Ci9 sa I OFFICES/8950 EDEN PRAIRIE ROAD/EDEN PRAIRIE,MINNESOTA 55344/TELEPHONE 16121937.2262 r • 1_„,, February 6, 1980 1 C K. E. Schumacher Edenvale, Inc. 14500 Valley View Rd. _ . . . _ . r' Eden Prairie, MN 55344 Re: lake Heights Addition Petition for Homeward Hills Road I.C. 51-360 ji; Dear K: I. As a followup to our recent telephone conversation and my letter of November 21, 1979, to John Lassen, I have been informed by the owners of Meadow Park Addition that they are willing to assume all costs for all improvements on Homeward Hills Road lying south of the south edge of the access road to the Lake Heights Addi- tion. This would remove approximately 185' of assessment footage from your property.: In other words, Meadow Park will assume approximately one-third of the cost of the improvements on Homeward Hills Road abutting the west side ( of your property. Please consider signing the enclosed 100% petition form on this cost sharing basis, and return same to me so that planning for this project can continue. Thank you Carl J. J2JIA ie, P.E. Director of Public Works CJJ:kh Enclosure cc: Don 8utyne • • 4420 MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 28, 1980 SUBJECT: Rosemount Petition for Vacation - W. 78th St. The attached petition has been received from Rosemount Co. requesting that the City vacate certain excess right-of-way along the south side of W. 78th St. abutting their property. The strips requested to be vacated are shown on Exhibit A attached to Resolution No. R80-50. This riabt-of-way was !i acquired by the State Highway Dept. back in the 1930's for slope purposes and has subsequently turned back to the City. We have reviewed this request and conclude that this right-of-way is excessive and can be vacated. There are no utilities within these areas and the remaining right-of-way for W. 78th St. will be 150' minimum, which is more than sufficient to accomodate any future widening. Recommend approval of Resolution No. R80-50, , setting a hearing date for April 1, 1980, for vacating excess right-of-way along W. 78th St. abutting the Rosemount Company. CJJ:kh Attachment • (l • ROSEMOUNT INC.,12001 WEST MA STREET/EDEN PRAIRIE.MINNESOTA 55344 Mailing Address:P.O.BOX 35129/MINNEAPOLIS.MINNESOTA 55435 TEL:i612)941-5560 TWX:910-576-3103 TELEX:294113 December 27, 1979 • {v{ Mr. Carl Jullie, Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Judie: Land parcels 8230, property ID 14-116-22-21-0003, plat 56714, and 8197, property ID 14-116-22-22-0002, plat 56714, located on West 78th Street, have right-of-ways in excess of 75 feet. It is our understanding that the right-of-way was established when :', West 78th Street was known as State Highway #5 and under the juris- diction of the State of Minnesota. Since that time State Highway #5 was redesignated as West 78th Street and subsequently placed under ), ' the jurisdiction of the City of Eden Prairie. We also understand that the right-of-way in excess of 75 feet for the property east of parcel 8230 has been realigned and returned to the property owner. In this regard, it is requested that the City of Eden Prairie realign the right-of-way for parcels 8230 and 8197 to 75 feet. corresponding to other properties, and all excess land be returned to its owner, Rosemount Inc. i '. Survey maps depicting the parcels involved are enclosed for your reference. 1= Thank you for early consideration in this matter. Very truly yours, Ernest W. Echols • Manager, Facilities and Services Enc. • 42.2 • .._ March 4, 1980 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-80 RESOLUTION SETTING HEARING FOR VACATING EXCESS STREET R/W ALONG W. 78TH ST. ( ROSEMOUNT) WHEREAS, it is proposed to vacate certain excess street R/W which is no longer needed and which is legally described as follows: Per attached Exhibit A NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council c'. as follows: 1. A public hearing shall be held on the 1st day of April, 1980, at the Eden Prairie City Hall to consider the vacation . of said easements. is 2. The City Clerk shall give proper legal notice of such hearing as required by law (2 weeks published and posted • notice.) N ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 423 , 1 K -„,; t; ....1 ,..„ 1 , . q • ,. \.t. , ,7_. A i sip_ 1 i••- e N oje 1- 0 i . v .., , '', . --11." *-* ,,k a. ti .-. 4.—• Cs, . .1 (I:3 • . .=, . -.%v.. •1.t **.:^.... _1 ( i . .. .... „, "ez. ..i.:: .1•:,;4.74 . t 1 .1.4... .6 6 It ' \ 4'‘:. ..% .4 1 ..• ,414 :1..e:' , - ..J < i II 1 Po 1 I W . ( a .41411%,3 it 'I I l '% . tr) ree I r. If:;;S (S. .0 4 "It i " t k til - 4 1• A _ A 1 . . ,- \ _ . , . ri ,...1 •-• - at a) 4 •• t i .. ( f", A ' .c C Vbe • ,. . : it:t 1 CO al .k,).• 4,11., r._ f• i-% fI, •s+ el ei Ne 1.1 c cwle z I k\ R a • , 4 ‘,....., ... . *.'• - . •• 1 . . •• : tt4t4< , . z- . . I , . . a ( )74 .4 #-••• . al°14 4/1/2 .1 — • ... V EX8115rr A .. .... 624 - - -- 2 . ...--.:. . ..., . • March 4, 1980 , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-51 RESDLUTION SETTING HEARING FOR VACATING DRAINAGE AND UTILITY EASEMENTS, GARRISON FOREST 2ND ADDITION WHEREAS, it it proposed to vacate certain drainage and utility • easements which are no longer needed and which are legally described as fol lows: The easterly 5' of L2, 83, the westerly 5' of L3, 83, the easterly 5' of L3, 133. the westerly 5' of Outlot I, all in Garrison Forest 2nd Addition. NOW, THEREFDRE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. A public hearing shall be held on the 1st day of April, 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.) • AODPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk �2S • The reserve February 27, 1980 Mr. Carl Jullie, City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Carl: A builder has submitted a pre-built Yo-Tech house to us for Lot 2, Block 3, Garrison Forest Second Addition that is too wide for the lot. After careful review and a number of meetings with yotr office, it was decided that the best way to proceed was to replat Lots 2, 3 and Outlot I. Outlot I is sufficiently wide enough to move the lot lines easterly enough to accommodate the house and still maintain acceptable frontages on Garrison Way. Enclosed is the replat we propose. It is my understanding that the following actions are required: 1 - Public hearing by the City Council to vacate the utility and drainage easements along the existing side lot lines. The easements are de- scribed as, the easterly 5' of Lot 2, Block 3; the westerly 5' of Lot 3, Block 3; the easterly 5' of Lot 3, Block 3' the westerly 5' of ,I Outlot I; all in Garrison Forest Second Addition, Hennepin County, Minnesota. 2 - Approval by City Council resolution of the replat. Please request the City Council to set the public hearing for item one for the April 1 meeting and place on their agenda the request for replat approval at the same meeting. Respectfully submitted, HE P SERVE ee W. John on Vice President - Engineering LWJ/j 1 Enclosure GAL . • 11111 Anderson Lakes Parkway,Eden Prairie,Minnesota 55344 • 16121941-2001 1 fir" I' CERTIFICATE OF SURVEY FOR • THE PRESERVE LOT I, BLOC/t I GARRISON FOK.r""5T FOURTH ApQI'-/o,V HEMVEP/.) O. MI J. , �,�•• • MEIlf t� { 5� ptulivAci I �s77a0�• ����' a �� { �� 1 1 { --II • < .6 R 1 �� �,ti IS s �� • 1 wG , E \ GIt 131615 FOR.13E69E1U65 /S ASSUMED N.- d ti 0 DEDOTES IEOLI MouuME9,tt �.� \ . i I RS DESCR/C!'D OSIOW . See f ` • NOTE : � '.•.. E` �N•� fl'p411 tO oRii S ^ram•+:, .`% ,/ D,�L#� -.* 7095 3 =,',h .4 '.7T •SSJ4. Ins,. / t.�� 24'LONG IRON MONUMENT AND S.:- IDENTWICATION DISC(ACTUAL SIZE) nab / SET AT AU.POINTS INDICATED. L•► / MINN.REG LAND SURVEYOR•7095 Thin*telly Mot This survey sas prrpand b-t--U)NY ms,ar seder my Wrest sopsrrisiaa,aad �{l� /W I an I*My Rooistwred Load',troll, ��- 30 0 30 and" MM lows of Ma Slam of At ansso/s. ,or ti...•.c •ravvv-a x wwc •.•i•w .oral..._ -.e..W..[ SCALE IN FEET �Z►•JIVJ'•'� �.J....•...... ,..�.,.,.., G c.eZ ....,, tYYY Doll l7 �l%�Rap. Ab.ia 1 JOB NO' 6-goo 9' l FIELD 800IC PAGE, 1 DRAWN BY:04J31 t . . . , . . . , . • --------- -0 \ /1 --- in In0 _--- --- , cr ' • ' 4 \ AO ‘ 4.1 \ t --,- . \ 1 1 1 • • '' i.:\ .r:. ,. 1 0.0 co t„) 1.— \ 0= .et. CI- ..: t•-• ,r, , t cP,:t 1 b ..• s ‘ 515 1A2.-- • 4.• 1 %. ....::::„. ........, . ,.,..; , \ ,.. ..-1 t. t.............• .......:.:1...% ......%.'.. ... A ....• • v.,.. t:h. • :-....—--- 1 0 % 0 ..... \ -9- ..1 \ • \ , t ,,, S. ‘? .. .1. r t- k c° o \ -- 1 ,kit....---"....• 4-1'6:9‘..c.). '',...0' --,.v.,i;,°6) IP ,o so tts, 111 os, . ,- ?Ai • •., --!3. 9t-: ..A00 ;.-- ----C>1°7r1 • * -.,. ., % k To ...3 ...., 1.1- / . ... _ ..- /t ‘ ‘:... ..... /// / . -\ .d. .. % 0 lei k CD 7 4,co 1 / ' / cv I i (0 . 1 ‘ / - cot' fe-S-FT \ tt. •-, ... ' ..•• ••'. :' / 14 1 / :: \ / ?...• :. •&44212.19A,rer-1367 144) . 1.;i. \ tk . ,-- \ •• t2I crtr4t9 E -- ,-.- .. • . ., .:-:',' MEMO TO: Mayor Penzel and Members of the City Council THROUGH Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 28, 1980 SUBJECT: Vacating Easements - Garrison Forest 2nd Addition The attached petition has been received from the Preserve to vacate certain drainage and utility easements along common lot lines of Lots 2, 3 and Outlot I, Garrison Forest 2nd Addition. The reason for the vacation request, as ex- plained in Mr. Johnson's letter, stems from an additional request to move the existing lot lines in order to accomodate a Vo-Tech pre-built house on Lot 3. The Preserve has applied to the Board of Appeals for the required housemoving permit and also for rear yard setback variances for Lot 3 and Outlot I. The procedure required to accomplish the Preserve's request is as follows: 1. City Council approval of the easement vacation (April 1, 1980.) 2. Board of Appeals approval of housemoving permit and setback variances (April 17, 1980.) 3. Planning Commission recommendation on replat of Garrison Forest 2nd March 24, 1980.) • 4. City Council approval of replat (April 1, 1980.) Recommend approval of Resolution NO. R80-51, . setting a hearing date of April 1, 1980, for vacating drainage and utility easements in Garrison Forest 2nd Addition. CJJ:kh Attachment • iooli • MEMO TO: Mayor and City Council FROM: Chris Enger, Planning Director THROUGH: Roger K. Ulstad, City Manager DATE: February 27, 1980 RE: MASTER'S CONDOMINIUMS Mr. Joe Weis of Weis Builders, Incorporated, Rochester, Minnesota has confirmed by phone this morning that he will be very happy to provide the City Council with six month status reports regarding the funding of his 96 unit condominium proposal in Edenvale as part of an eighteen month extension. Mr. Weis also indicated that he will not pursue the change of six, three bedroom apartments to twelve, one bedroom apartments at this time. As he progresses with financing&if this becomes a critical item, he may request a change in the future. CE:jj • MEMORANDUM TO . Mayor and City Council THROUGH : Roger Ulstad, City Manager FROM Roger A. Pauly, City Attorney DATE . February 28, 1980 RE Extension of Period in Rezoning Agreement (The Masters Condominiums) At a meetingof the Council on February 19, 1980, Weis Develop- ment Corp. requested an extension in the 18 month period after which it would not oppose rezoning the subject property to Rural. The proponent also requested certain changes in the project from those originally contemplated in the develop- ment plan. The Council referred the matter to me for an opinion with respect to the request. The subject property was rezoned pursuant to Ordinance 241, finally adopted on April 9, 1974. That Ordinance provides, in part: "Rezoning to RM-2.5 for the construction of two 3 story condominiums totalling 96 units by Weis Builders and the City of Eden Prairie". The Rezoning Agreement dated April 4,• 1974 provides that the owners agree to construct 96 units on the property in accor- dance with the architectural and landscaping plans submitted to the City staff and Council dated February 25, 1974 and general information data dated February 6, 1974. The agree- ment also provides that if owners fail to proceed in accor- dance with the agreement within 18 months from the date thereof, owners will not oppose a rezoning of the property to Rural district. It further appears that an extension of the 18 month period has been granted from time to time, most recently on November 8, 1978 to November 8, 1979. I have been advised that the proponent will withdraw its request to change the terms of the project. In my opinion, the Council has the authority to extend the time limitations provided in the agreement for the addi- tional one year period. It should be noted that the agree- ment does not provide that the property automatically reverts to the Rural district if the owner fails to proceed in accor- dance with the agreement within the time provided. Rezoning 631 IT Memorandum February 28, 1980 Page 2 requires Planning Commission review, notice and public hear- ing. The extension merely provides additional time during which the owner is not committed to not oppose the rezoning. I mould hesitate to advise that the Council has the authority to authorize revisions in the development plans in absence of the usual notice and hearing procedures necessary for rezoning, since the specific development appears to be a condition of the original zoning. Inasmuch as the proponent has withdrawn this aspect of its request, the question is now moot. 632 j CoJ RA'IEIMONST CrITIPOr1411011 • November 19, 1979 Mr. Chris Engers Director, Department of City Planning City of Eden Prairie 8950 Eden Prairie Road • Eden Prairie, MN 55436 Re: Opus Plaza Office Building Dear Chris: In behalf of the Rauenhorst Corporation, I am submitting twelve (12) copies of the site and building plan for the Opus Plaza Office Building which will be constructed on the last remaining parcel (Lot 3, Block 1) of the approved Opus 2 office P.U.D. (LD-76-P-16) in Eden Prairie. As you know this property is generally located in the northwest quadrant of County Road 18 and the Crosstown. The plans call for construction of a ten-story (120') high office building (eight stories from the ramp side) overlooking the pond that is • and will remain a prominent feature of the site (9.2 acres including pond). The building will contain 1.50,000 square feet of space (gross). On-site • parking for the building will be accommodated by a two-level ramp and underground executive-type parking spaces. The total amount of parking will be 696 spaces. This represents a 4:6 ratio of parking to gross square footage in the building. Ye at Rauenhorst feel that the finished product created by these plans will make a handsome architectural addition to the skyline of Eden Prairie. Also, it should he noted that the building will become the new corporate headquarters location for our corporation. This should insure that the final product will be a fine structure of which all of us at Rauenhorst will take pride in claiming as our new home. Please advise me of any additional information you require to complete the processing of this request for site and building plan approval by the Planning Commission and City Council. I would appreciate having these plans placed on an early agenda of the Planning Comaission for review mid recom- mendation. lbank you. Best regards,/ c;flCl,L- att,49 • Robert A. horthingto A.I.C.P. Director-Planning and (fiver nmtintal Affair+ l Yl CUl W4 Oil IL LS.i w NMII i1W 1!;IF NH FINANCIAL.Cf N f LII.NATO%LN%f.s MIME BOUM.MINNrMOUE.LNNNraOSA%el Al A0.4444 RA►►':l j G3 3 • November 29, 1979 • Statement of Architectural Intent Opus Plaza Office Building Opus 2 Eden Prairie Minnesota BuildingSize: 16 000 s . ft./floor (approximate) + 9 ( PP Ramp Size: 120,000 sq. ft./floor (approximate) Site Size: 9.2 acres (approximate) The enclosed architectural drawings are presented to demonstrate the culmination of the architectural problem solving process utilized in the design of the {- 150,000 sq. ft. Opus Plaza Office Building. One of the most important aspects of this process is proper site planning. As applied to this project, the development of the 9.2 acre site is largely dictated by the conditions'of the existing combination of pond, trees, and hillside. It seemed most appropriate to locate the building centrally on the hillside, overlooking the pond in order to provide minimum disruption to the existing stand of oak trees, allowing a significant stand of trees to re,rain on either side of the building, and orienting for the most energy efficient north/south exposure. A two level ramp adjacent to the building provides for the bulk of the parking spaces. Ramp and building are unified through the use of similiar materials - architectural precast concrete, and thr,.u;•h intensive landscaping which integrates with the existing setting. Extreme care has bccn taken in the design phase to locate existing trees and topogr ,'in• and to ntili::o this information for the best possible site preservation. The building itself is set into the hillside to provide a 10 story facade from the cast and an 8 story facade from the west. The floor plan of the building is based on an approximate 26' x 28' structural bay system, providing 1argr, efficient work areas interrupted only by small compact core areas containing toilets, elevators, stairs, and mechanical shafts. Large window area:: provide light and view to virtually all the floor areas, while at the same time conform to the State Energy Code. (The combination of reflective glass and :shaded, tinted glass are both highly effective passive solar energy aspects). 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"' DESIGNERS•BUILDERS•DEVELOPERS IM O..MO Ilrrfr.So.I.n.mcraY$5M3I1.1nC0•YM•?w•370 AMC M At MARLS=CA106/I06•L.•ab m E Mcd.w M.11•....W.ym(NA PIANO IOYA • -APPROVED MINUTES EDEN PRAIRIE PARES, RECREATION AND NATURAL RESOURCES COU.IISSION MONDAY, JA:'UARY 21, 1980 ?:30 P.M., CITY BALL COMMISSION MEIBBRS PRESENT: Richard Anderson, Chairperson; David Anderson, Robert Johnson, Robert Kruell, Larry Vaneeter COM'ISSION rir MRS ASSENT: Steve Fifield, George Tangen 9i COMMISSION STAFF PRESENT: Robert Lambert, Director of Community Services OTHERS P' JT: Rark Keber, Eden Prairie News Robert Worthington, Director of Planning, Rauenhorst Corporation 4` • f I. ROLL CALL The meeting was called to order at 7:35 p.m. by Chairperson Richard Anderson. II. APPROVAL OF AGE7DA Additions: VII C. Revision of Development Proposal Checklist -Krsell VII D. Review Cash Park Fee -Kruell III. MBU1'LS OF JANUARY 7, 1980 Changes: Pg.3,para.1: Rearrange to say "Good goal is one that requires work and work plan and has some means to measure • k. accomplishment." Pg.6,para.3: Strike "roadwork" and insert "any construction". Pg.7,para.2: Strike whole sentence. Pg.4,para.6: Dave Anderson questions whether upgrading of ? highways 4 and 5 will be done to ease crossing of the intersection. • EOTION: VanMeter moved to approve the minutes as ammended. Seconded by R. Johnson. The motion carried unanimously. IT. PETITIONS REC TESTS AND CONEUNICATIONS Nene RECO;•i.'• ;DATIONS AND REPORTS A. Reports of Commissioners None • B. Reports of Staff 1. Development Proposal -OPUS II, Rauenhorst Corporation Robert Worthington, representing the Rauenhorat Corporation, described the proposed 150,000 sq. ft., 10 story Onus Plaza office building. The site (Iii quadrant of County Road 18 and the Crosstown) consists of 9.2 acres, including a pond, and is the last parcel to be developed of the Opus II office P.U.D. in Eden Prairie. 649 i Kinutes -Parks, Recreation do approved January 21, 1980 Natural Resources Commission -2- 1 P C The site plan has the building notched into a grove of trees for __ _ _ _ maximum use of pond view. The pond, which also functions as a drainage pond for the Crosstown and County Road 18, is the focal point of the development. The objective is to leave the pond in __ _ its natural state and also let it function as a drainage pond. __ Two levels of the 10 story office building will be below grade and be used as a parking ramp. • • _,__ One third of the total parking spots (696 total) will be in stalls for compact cars. The planning staff is looking into whether this is enough or not, and even the possibility of a 3 story parking ramp. -__This will be the first 10 story building within the 0pusiIl development, Worthington pointed out, and a 10 to 12 story Toro Headquarter building, and a condominium complex are programmed for the future. He said the exterior materials for the office building have not yet been determined, but the architectural staff is leaning toward granite and/or simulated marble for upper stories, and pre-cast concrete aggregate for the lower stories. Reflective glass is planned which should lend itself well toward passive solar heating. l(_ Worthington ended his presentation by stating that Rauenhorat , plans to move its corporate headquarters to this building. Kruell asked if the developer has addressed himself to specific "methods of construction" and "outlining the technical measures they are taking in the building design and construction to significantly reduce energy consumption", per the Planning Staff - Report of January 10, 1980 (Staff Report pg.2, pare's. 3 and 7 - --- • respectively). Worthington said he would oheck further with hie staff on these p points for more specific information regarding plans for solar -•energy useage, heat pump, reflective materials to maximize sun -_ heat, etc. • _ Kruell asked if thought had been given to using more natural grasses around the building instead of "manicured grass" typical in 1 1 1: ., 660 - 1 1 Minutes —Parks, Reoreation & .approved January 21, 1980 Natural Resources Commission -3- • other Opus II sites. This would be more energy efficient, nicer to look at, care for, eta. Worthington said they will consider this, but have tried more natural grasses on other projects and received calls from some neighbors complaining they were not cutting the weeds. Much of the area surrounding this building will be left natural with exceptions being bermed areas and boulevards. VanMeter asked what percentage of the trees on the site would be salvaged. • . Worthington responded that all the trees on the site have been identified and found to be mostly oak. The developer will set construction limits so that no more trees will be removed than necessary for the building and fixed perimeter of the building. Within,;the perimeter area they will save what they can, but the building does not lend itself to saving all the trees. Between what they save and what they reintroduce, a nice balance should be reached. R. Anderson asked if the roadway through this site would be affected. Worthington replied that at present the roadway extends too far into the site and will have to be adjusted. R. Anderson asked if there were any plans for the pond such as duck and goose habitat? 1` Worthington stated that they hope to create an inviting area for I! duck,geese and other wildlife and they are seriously considering installation of bubblers in the pond for year round useage. R. Anderson asked what they planned to do with air conditioning waste water? Also, can you be sure the pond won't dry up in dry years? Worthington stated that they plan to use a heat pump system which involves less waste water than typical refrigeration systems, but he was not sure on the details. The pond has not been dry at least as long as the freeway has been there, which is as far back as they are aware, so they are assuming it won't dry up. ip! R. Anderson expressed a conoern for waste water because he felt there were better ways to dispose of it than in the sewer system. NOTION: D. Anderson moved to recommend to the Council approval of Rauenhorst Corporation's Opus II office building proposal per staff reooumendation. Seconded by VanMeter. Motion carried unanimously. 2. Commiseion Coals for 1980 Lambert referred to the staff memo of January 11, 1980, on this subjeot, and suggooted that the}Commission review the goals and 451 • MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: January 18, 1980 SUBJECT: Development Proposal Check List PROJECT: Opus II Plaza Office Building PROPONENT: Rauenhorst Corporation REQUEST: PUD Development stage approval, rezoning from Rural to Office District for 9.2 acres. LOCATION: NW corner CSAH 62 and County Road 18, east of American Family Insurance Co. BACKGROUND: See Planning Staff Report dated January 10, 1980. CHECKLIST: (..1. Adjacent to parks? (Neighborhood, Community.; Regional) No . Affect on park: N/A . 2. Adjacent to public waters? Adjacent to storm water detention pond. Affect on waters:No affect provided construction stays within set limits. 3. Adjacent to trails? No Type of trails: (bike, multi-use, transportation, etc.) N/A Construction: (asphalt, concrete, wood chips, aglime) N/A Width: Party Responsible for construction? N/A Landownership: (dedicated, density tradeoff, etc.) N/A Type of Development? (residential, commercial, industrial) Office Where will CASH PARK FEE go? (what neighborhood)Community parks and trails Hoed for a mini-park? • No 662. • S. REFERENCE CHECK: a. Major Center Area Study: N/A b. Neighborhood Facilities Study: N/A • c. Purgatory Creek Study: m/a d. Shoreland Management Ordinance: N/A e. Floodplain Ordinance: N/A \ • f. Guide Plan: See Planning Staff Report • g. Other: 6. Existing or pending assessments or taxes on proposed park property: N/A 7. CASH PARK FEE? Cash Park Fee appropriate at time of building permit shall be paid. 8. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: 1 9. Number of units in residential development? N/A Number of acres in the project? 9.2 acres • Special recreation space requirements: none _ 10. STAFF RECO+S1tNDATIONS:Community Services Staff recommends approval as per Planning Staff recommendation into Planning Report dated Janaury 10. 1980. 453 I!. 1 E. 1 • MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, January 14, 1980 approved 1,1 7:30 PM City Hall COMMISSION MEMBERS PRESENT: -Chairman William Bearman, George Bentley, Matthew Levitt, Oke Martinson, Virginia Gartner, Liz ii Rotterath COMMIISSION MEMBERS ABSENT: NONE I STAFF MEMBERS PRESENT: Chris Enger, Directbi of Planning Jeanie Ohnsorg, Planning Secretary • lc i Planning Commission Mintues -4- January 14, 1980 C. OPUS PLAZA OFFICE BUILDING, by Rauenhorst Corporation. I Request for P.U.D. Development stage approval and rezoning i ! from Rural to office. Located west of 18 and north of Crosstown 62. Bob Worthington, Rauenhorst Corporation, gave a brief summary of the project explaining that they are planning - construction of a ten-story (120') high office building (eight stories from the ramp side) overlooking the pond that is and will remain a prominent feature of the site. The building will contain 150,000 gross square feet of space. On-site parking for the building will be accomodated by a two-level ramp and underground executive-type parking spaces. The total amount of parking will be 696 spaces. This repre- sents a 4:6 ratio of parking to gross square footage in the• !IIbuilding. John Albers, Rauenhorst Corporation, gave a brief presenta- tion explaining the architectural aspects of the proposed building. 1 Ron Auerbach, Rauenhorst Corporation, gave a brief presenta- tion explaining the elevation of the proposed building in comparison to the surrounding buildings. 1 6514 Planning Commission Minutes -5- January 14, 1980 Levitt inquired if the developers would be grading or topping off the hill. Ron Auerbach replied that the building would be placed into the hill and went on to illustrate the construction limits. Bearman inquired if the developer had taken into consideration the possiblity of van pooling when planning space for thier parking lot. Worthington replied this was a possibility being looked into as part of the entire Opus II development. Bearman inquired if MTC provided any services in this develop- ment site area. Worthington replied affirmative. Levitt inquired approximately how many people work for Rauen- horst. Ron Auerbach replied that at their present facility there are approximately 150, and that the building is being built with consideration of growth by the Rauenhorst company. • Ron Auerbach then gave a brief presentation on Rauenhorst's energy conservation ideas. Bearman inquired if the Rauenhorst corporation has looked more than just passively into the possibility of solar heating. Ron Auerbach replied that they have not looked into this idea for the overall heating and cooling but have looked into the possibility of using some type of solar system for hot water heating. John Albers stated that the Rauenhorst engineers have looked into other possible energy conservation methods such as solar collectors and heat recovery from office lights. Ron Auerbach then gave a brief presentation explaining, how this building relates to the surrounding properties'solar access. The Planner stated that he still has concerns over the number of parking spaces required and the idea of compact car stalls. He stated that he also has concerns over the infringement on solar access of surrounding property owners. { The Planner then stated that they have received a letter from the City of Minnetonka and that he feels that Minnetonka should be consulted in regards to public safety as well as consulting the Eden Priarie Public Satety Department. �5� Planning Commission Minutes -6- January 14, 1980 The Planner inquired if the sewer connection would be served entirely through a gravity flow only to the main line. Bob Worthington replied affirmative. 1 3 Levittinquired if the developer had looked at any other way of constructing this building so that it would avoid encroach- ment into the hill. John Albers replied that the building is being integrated into the hillside as a design feature. They felt that the site plan as proposed was the best method of accomplishing this. Levitt inquired about the construction limitations. The Planner replied that maximum preservation of the site would t� have to be obtained through shoring and more vertical construc- tion during excavation. Levitt inquired why if this building is against the height ordinance should it be granted approval. The Planner replied that it is not in close relation to residen- tial, the original PUD provided for the square footage,building u allows preservation o the site and the City has recently aauired an aerial lader ire truck. Retterath inquire how the developer is planning to prevent compact oars from parking in mid size car parking spaces. She stated that if compact cars are parked in the larger parking spaces,there will be no place for the mid size cars to park. The Planner suggested that the developer build a three level parking ramp cover 2/3 as much area as a two level ramp but providing the same amount of parking. Then,if this variance from stall sizes at the number provided becomes a problem in the future, additional at grade parking could be provided, Mr. Worthington agreed to look into this prior to Council review. MOTION: Bentley moved, Levitt seconded that the Commission recommend to the City Council approval of the P.U.D. Develop- , ment Stage consisting of rezoning from Rural to OFC-District for a 150,000 sq. ft. office building, according to the plans dated November 19, 1979 and per the staff report dated 1-10-80 with special emphasis prior to City Council review on com- plaince with the parking ordinance on the number of parking spaces needed and if providing special size spaces for compact cars is acceptable. We also strongly encourage minimum site dis- location during building pad excavation and construction. Additional site plans should incorporate fire marshal recommendations from both Eden Prairie and Minnetonka. Also included in this recommen- dations to the City Council should be the Memo to Bob Worthington from Bob Auerbach dated January 10, 1980, the MnDOT letter dated 1-8-80, and the Minnetonka letter dated 1-11-80. Motion carried 6-11, V. OLD BUSINESS NONE CIL s 01 ( • O � rIL1��L O 1. January 11, 1980 Mr. Chris Enger Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Chris: The City of Minnetonka has recently been notified of the intent of Rauenhorst to rezone a piece of property in the Eden Prairie portion of Opus 2 in order to facilitate the development of their corporate headquarters. In light of this request, we asked Bob Worthington of Rauenhorst to submit a copy of the site plans to the Planning Department in order that we might offer the following comments to the City of Eden Prairie for their consideration. 1. Land Use• • • The City of Minnetonka's proposed land use plan calls for office and indus- trial uses adjacent to the subject property. It is our feeling that this use will be compatible and complementary to those proposed in Minnetonka. • Further, we would note that the building complies with the 1976 overall • concept plan for Opus 2. 2. Site and Building Plans It is our opinion that the proposed site plan reflects a general consideration of the amenities provided by the environmental features of this property. With regard to the proposed layout of the site, we feel that the parking lot and building locations will relate well to the American Family Insurance site and the existing and planned buildings of Data 100 in Minnetonka. The attachment to this letter indicates the full development concept of the Data 100 site. In reviewing the height of the building, we would note that the Minnetonka City • Council has agreed in concept with multi-story buildings and parking ramps in this portion of Opus 2. This approval was predicated by the full development concept of the Data 100 site. Given the proximity of this site to the Crosstown, County Road 18, and U.S. 169, and the visual appearance of existing buildings in the vicinity, we feel that a 10-story building would not be out of character in this portion of Opus 2. 6 the city offices are located at 14600 minnetonka boulevard minnetonka,minnesota 55343 933-2511 • Chris Eiger • January 11, 1980I! Page Two 3. Roadways The proposed plan indicates an apparent obliteration of a portion of the existing roadway in Opus 2. We do not object to this change in roadway; however, we do feel that consideration should be given to requiring a grade separation inter- section at the entrance to the complex as it intersects with the existing secondary road system. Since the building will be generating an estimated 1,000 vehicles per day, we feel that this grade separation would be appropriate. 4. Services We would recommend that a stipulation be made that the building elevation be y. such that it can be served by gravity flow only to the mainline. This means that the point of connection must be west of the manhole located at the northeast . parking lot corner. Further, erosion control should be provided around the pond and any existing or proposed storm sewer inlets throughout the period of construc- tion. Lastly, since their fire protection will probably be the responsibility • of the Minnetonka Fire Department, the internal distribution system, location of lines, and hydrants be subject to review and approval of our Fire Marshal. • We appreciate this opportunity to offer comment to this proposal at the initial stages. If you should have any questions or comments regarding the above, please don't hesitate to contact our department. Sincerely, (Ann Perry • • Project Planner cc:: Bob Worthington /dk • • • • 451' • • • • • '‘ . lo.t. i I a ,. v,... x..4.. ..5„ ‘„,,.. ... 9 • l trtr ryc. I `�,�; •.\-� _ .r/ rrfffmrcff �Y 1 . _ i }1 , i: : .--7,--.—"---r1.72-V-1 T • . . . , ..,_,... 0.,,7 i ,, i 111 4-- 1 -._ ... . ClegMegiglall _ 4', *--41;`,--' N • , .1 n • le:_,Te---- . (pip = ,.,.. . i ._,6 „_,... , ...,„......- _ ..,:...k. - •. . ..1 ,,--p F1'..- .'4.---. • .--i,r:.:." ,I ---- . ; ..... ri / a:- 1 - +ln+ Q Q 1 t . ' ; Z _•-- pig ._ _--- 1 Q � Q m • t. LX • • • • ,• . . • i • .. 459 ' Rauenhorst Corporation -2- January 10, 1980 I' SITE PLAN The open part of the site will be utilized for a two level parking ramp. The building will be notched into the hill side, basically facing north and south. The ground will slope around the building at natural grade. The first floor on the west side will be underground and one floor below the lower level of the parking ramp. The second floor will be level with the lower level of the parking ramp and the main entry will be in the third floor of the main building. It is possible that the building could be neatly notched into the hillside, with little disruption of the surrounding wooded hill if very tight construc- tion limits are adhered to. However, if the basement for the building is dug by scooping earth away at three to one slopes and then filled back around N, the building rather than digging straight down and retaining the sides of the 'I hole, the forest would virtually be destroyed. Therefore, the method of con- struction must be outlined by the developer. Access to the building, in case of fire, needs to be improved. The developer should go over requirements with our Building Department and Public Safety Department. Parking required by ordinance is 750 cars (5/1000 G.F.A.). If 90° parking is used the parking dimension is 9' wide x 19' long with a 25' wide aisle. Parking proposed is 696 spaces, 228 of which would be for compact cars. Dimensions anticipated for the compact cars are 8'x 18' and 8'x 16'. The width may be the critical issue here, even in compact 2 door cars, the doors are extra long to allow access to the back seat. The nine foot width of a parking space is neccessary. Screening of the parking from the Crosstown is required by ordinance. Land- scaping as outlined will need to be significantly reinforced with larger ever- green material in order to be effective. The midrise building design with a north/south orientation (part of the building being sunk into the hill) gives Rauenhorst an excellant architectual opportunity for passive solar heating. In this large of a structure, the developer should outline the technical measures they are taking in the building design and construction to significantly reduce energy consumption. At the sun's lowest angle (in mid-winter) the building will cast between a 270' and 340' shadow toward the north/northeast which should not affect any solar access of the existing building on the north side of the pond. How- ever, at midday the shadow cast upon the property directly to the north will flow onto that property by 110 feet. The developer must supply information which illustrates that this condition will not infringe upon other property's solar access. The comparative height of this building to others in OPUS II is 1018 feet of elevation above sea level for the roof of this building, compared with 980 feet for the six story building occuring to the northwest and 988 for the five story twin building. These buildings are the bronze colored buildings visible from the Crosstown. (4I 1 Rauenhorst Corporation -3- January 10, 1980 The proposed 10 story building, then, is approximately 30 feet higher than the five story building. Although the zoning ordinance limits height to 30 feet, this project is not near a residential area, and is compatible with the land and building massing around it, has been supplied with a road and utility system to accommodate the square footage, and the City has fire fighting equipment • capable of handling 90 foot heights. The building is a tasteful architectural statement that could be an attrac- tive entry feature to the City. The setback of the parking structure from 62 R.O.W. is 40' with a total dis- •j tande to the westbound merge lane of 105'. This setback is consistant with that of the parking lot of adjacent American Family. The floor aria ratio allowed is 30% for a single story building and 50% for �I a multistory building. The proposed coverage is 4% for a single story and 37% for the entire building. RECOMMENDATIONS The Planning Staff would recommend the Planning Commission recommend to the City Council approval of the P.U.D. Development Stage consisting of rezoning from Rural to OFC-District, for a 150,000 sq. ft. office building, according to the plans dated November 19, 1979 and subject to the following items: 1. The developer must present a detailed parking plan and infor- mation justifying compact car parking spaces, for review by the staff and recommendation to the City Council prior to Council action. 2. The total number of parking spaces shall be provided according to ordinance. 3. The developer shall work with representatives of the Public Safety Department and Building Department to arrive at a com- prehensive safe plan for the fire fighting access to the • building. 1 4. The developer must present additional information illustrating the placement and height of surrounding buildings in order !1 that other property's solar access is not infringed upon. S. The owner shall submit a complete description of all energy saving aspects of the building, with estimates of energy savings. 6. The cash park fee of $1400/Acre will be paid upon the zoned property. 7. The developer will be required to meet the screening require- ments of ordinance #178 for the parking. 642 • . Rauen Horst Corporaton. -4- January 10, 1980 8. Modification of the site in the wooded area shall be limited to within 30' of the parking, building and access areas. Prior ( to construction, this area shall be fenced with steal posts and snow fencing in order to insure protection. . 9. The storm sewer and grading plan must be reviewed and approved •," by the 9-mile creek Watershed District and City Engineering Department prior to construction. CE/jo • . • • • /43 } ') MEMORANDUM January 10, 1980 TO: Bob Worthington FROM: Ron Auerbach REFERENCE: Opus Plaza Office Building Having examined the points raised by Chris Anger, Eden Prairie City Planner, during our January 9 telephone conversation, I would like to respond to them in this memorandum. • For our January 14 Planning Commission review meeting, we intend to present a transverse and longitudinal cross-section drawing through the site, which will graphically present the relation- ship of the new office building to surrounding buildings, freeways 1 and landforms. The present parking structure plans indicate provisions for 696 car stalls. At a ratio of one (1) car/1,000 gross square feet, 150,000 gross square feet would demand 750 stalls. At this time. we feel 696 stalls will adequately meet the parking demands of the facility. Approximately 4O% of the building will house Rauenhorst personnel with the remaining 60% being leased. Antici- pating a maximum of 200 car stalls for Rauenhorst use (figuring all personnel driving on a given day and 50 stalls for visitors) the remaining 496 stalls would calculate out to 5.5 stalls/1,000 gross square feet. It may be possible to reduce the effective gross square footage for calculating parking quantities; cer- tain areas within the facility will offer a lower car-floor area ratio due to their unique function. The 150,000 gross square feet, for instance, includes cafeterias, kitchens, mechanical/ electrical rooms, storage, vaults, showers, etc. These spaces, when sized, will reduce total required parking by 25-30 stalls. Should the City of Eden Prairie remain firm on the floor area stall count, Rauenhorst Corporation will commit itself to struc- turing the parking facility to accommodate a partial third level. If deemed necessary by the City, this future level would be con- structed at a later date to augment the two full levels of parking. Of the 696 parking spaces, 228 spaces, or 33%, will be compact vehicles. A recent Rauenhorst project, Comten, located in Roseville, Minnesota, developed a 25% compact stall ratio. This project bene- fited from the expertise of Roseville's consulting planner, Mr. Howard Dahlgren. Planned 11/2 years ago, Mr. Dahlgren considered the 1-4 compact car ratio at Comten to be consistent with the automobile industry/market. Anticipating a growth in compact cars today and in the future, we feel/ / a� 33% ratio is justified. Stall • Bob Worthington January 10, 1980 Page 2 • sizes for compact spaces will range from 8'-6"x 18' to 8'-6"x 16' depending on their proximity to double loaded aisles or single loaded curb conditions, respectively. Ultimately, we would like to maintain a standard parking stall size (excluding H.C. stalls) of 9'x 19'. The "Secondary Road" approaching the site will be aligned to avoid conflict with the new parking ramp. It will be 12 feet wide, • will have a 45 foot easement and will come within 40 feet of the NW corner property monument. Fire truck access will occur primarily at the southwest corner of the building on level two of the parking structure. In addition to this, access via a sodded road at the north property line and a fire hydrant located at an extension of the truck turnaround should offer adequate fire fighting capabilities to the NE build- ing corner. Should 100% truck•accessibility be desired, it's accommodation would be at the expense of existing trees, vegetation and land forms. At this time, direct access to necessary fire fighting connections will be considered mandatory. Additional / site/building access will be provided as proves practical relative i to tree preservation. Review with the local fire department will confirm. • For the purpose of comparing building heights, the following approximate heights have been established: Data 100 - 942'-0" Shady Oak I 988'-0" (four story and basement) Shady Oak II 980'-0" (five story and basement) New Opus Plaza 1,018'-0" (ten story) From these elevations it is evident that the new ten-story office building will be only 30 feet higher than a neighboring five-story building. The selected site for this project is nicely wooded and terrained. The process of constructing the building and excavating utility lines will be given careful consideration in order to preserve as many trees as possible and maintain the natural beauty of the surroundings. Utility lines will be buried with minimal ground cover (7-10 feet deep) to reduce the effective excavation width. They will be routed in a manner that will avoid tree locations. Building construction will include a 150-foot-tall tower crane located on high ground (SW building corner) so the crane's swing Bob Worthington January 10, 1980 Page 3 will not interfere with tree tops. Also, smaller pieces of construction equipment will be utilized wherever practical. Being more maneuverable and smaller, damage to surrounding trees can be avoided. Finally, should select trees be within the con- struction limits, barrocades, wells, shoring, etc. will be employed to protect them during excavating processes. Rauenhorst Corporation is sensitive to building energy•conserving structures and our own office building will be no exception. The following are considerations for energy conservation and efficiency for this facility: .. Building orientation will maximize solar angles. .. Building fenestrations/window recesses will be studied care- fully for sun shielding, reflection and protection. .. Heat absorbing and reflecting glazing will be considered for each wall surface independent of another to control window shading according to solar angles. .. Parking structure will act as an insulating blanket as well as wind break. .. Two stories of the office structure will be built into the hill to utilize the natural insulating characteristics of the topography. .. Existing trees will be preserved for their beauty, wind protection and shading characteristics. .. A light colored gravel will be installed on the roof for greater solar reflection capabilities. .. Recessed building entrances will be designed to minimize wind created infiltration. .. The building envelope will be completely insulated and glazed with insulated, thermal broken window units. .. Window blinds will be provided to more completely control solar heat absorption/reflection. .. The mechanical system will likely be a heat pump system. Designed to reclaim built-up heat and redistribute it from internal to perimeter areas, this system has proven to be lower in total energy consumption than large central fan 414 Bob Worthington January 10, 1980 Page 4 systems, multi-zone system, steam/water boiler systems, etc. This system can be installed in minimal ceiling [ space, which allows lower floor-to-floor heights, gener- ating less exterior wall/glass surfaces. .. Under consideration will be the utilization of the existing detention pond as a cooling tower. As permanent body of water on the site, it may be possible to include it in the evaporation process within the heat pump system. This con- cept would reduce the total fan horsepower required for a conventionally installed mechanical system. Should this prove impractical, energy efficient cooling towers (ejector towers) could be used. .. Solar service water heating will be considered. Also, pos- sibilities of solar snow melting for ramped parking drives may be employed. .. Minimum interior lighting levels will be maintained through the use of energy efficient fixtures and ambient task lighting. Floors occupied by Rauenhorst Corporation may benefit from open-office landscape planning. This concept will better utilize natural lighting. By developing energy conscious lighting designs, 40%-50% reduction in lighting loads can be realized, which in turn will reduce heat gains and cooling loads. Every watt of lighting saved results in 1/3 watt reduction in air conditioning. .. Generally, Rauenhorst Corporation will use the new BEPS publication (Building Energy Performance Standard by the Department of Energy) as a guideline for energy conservation in this facility. ' Bob, if you have any questions relative to these or other items we discussed with Chris Eager, let me know. de cc: David Strachan John Albers q*, Minnesota Department of Transportation g District 5 ( 2055 No. Lilac Drive OF TV# Golden Valley, Minnesota 55422 (tit.?)545-3761 January 8, 1980 rj • Mr. Chris Eager, Planning Director City of Eden Prairie p[ 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • In Reply Refer to: 315 S.P. 2763 T.H. 169/212 Plat review of Ruenhorst Corporation, Opus Plaza Office located in Lot 3, Block 1 Opus 2 in northwest quadrant of TH 169/212 and CSAH 18 in City of Eden Prairie, Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plate and Surveys. The proposed development should have no adverse affect on the trunk highway system. Thank you for your cooperation in submittal of plats for our review. Sincerely ' W. M. Cra ord,P.E. District Engineer `' cc: Charles Weaver ' ` Metropolitan Council Gary Backer Hennepin County Surveyor's Office An Equal Oppuruenity Employer MEMORANDUM • TO: Southwest Suburban CATV Study Commission Members FROM: Anita Benda • SUBJECT: Schedule for City Action on Franchising Documents d DATE: February 13, 1980 If the Southwest Commission approves on February 13 the"Preliminary Franchise Ordinance" and "Joint Powers Agreement" and forwards the j documents to individual city councils with a recommendation for approval, the councils will have their hearings to adopt the "Invitation for Applicationd'and to approve distribution of the Preliminary Ordinances and Communications Needs Report as follows: February 19 - Hopkins �. February 25 - Edina Minnetonka Richfield March 4 - Eden Prairie If the cities complete their actions on these dates, the Commission could meet March 5 to authorize distribution of all documents, and the publica- tion of notice. • 669 • RESOLUTION NO. R80-44 CITY OF EDEN PRAIRIE HENNEPIN COUNTY. MINNESOTA RESOLUTION ADOPTING AND APPROVING FRANCHISING DOCUMENTS AND AUTHORIZING SOUTHWEST SUBURBAN CATV STUDY COMMISSION TO DISTRIBUTE DOCUMENTS, . AND TO ARRANGE APPLICANT HEARINGS WHEREAS, The City of has resolved that the development of a Joint CATV system is in the best interest of the city; WHEREAS, The City has received a study report from its citizen advisory com- mittee and has determined to continue the cable franchising process; . WHEREAS, Documents relating to franchising per rule of the Minnesota Cable Communications Board have been developed by the city, its advisory committee and the Southwest Suburban CATV Study Commission; WHEREAS, The city wishes to seek applicants for a franchise for a cable communi- cations system to serve Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. BE IT RESOLVED THAT, • The city authorizes the Southwest Suburban CATV Study Commission (Commission) to issue the Invitation for Applications as adopted by this city after a full public ( hearing; • The city authorizes the Commission to distribute the Invitation, Preliminary Franchise Ordinance, and Communications Needs Report to potential applicants, the Minneso to Cable Communications Board,the public and others; The city authorizes the Commission to publish and distribute the Notice of Avail- ability of the Invitation for Applications; The city participate in hearings on the applications submitted together with tie cities of (name the other four), as organized and publicized by the Commission; V The city will receive the Commission's recommendation on the final ordinance and franchisee prior to making its decision on these matters. Adopted by the Eden Prairie City Council on the day of 1980. - i ATTEST: Mayor Wolfgang H, Penzel John 0. Frane. City Clerk SEAL J//5 7T March 4, 1980 • 'TE OF MINNESOTA C.,Y OF EDEN PRAIRIE COUNTY OF HENNEPIN 1� The following accounts were audited and allowed as follows: 7581 VOID OUT CHECK $ (1,336.97) 7589 UNIVERSITY OF MINNESOTA Conference-Park dept 25.00 7590 INTERNATIONAL SOCIETY OF ARBORICULTURE Oues 45.00 7591 AMERICAN PHYTOPATHOLOGICAL SOCIETY Dues 30.00 7592 BUTCH'S BAR SUPPLY Supplies-Liquor store 97.80 I 7593 GRIGGS, COOPER & CO., INC. Liquor 1,178.00 7594 MIDWEST WINE CO. Wine 198.70 7595 JOHNSON WINE CO. Wine 151.55 7596 OLD PEORIA COMPANY, INC. Wine 790.27 7597 INTERCDNTINENTAL PACKAGING CO. Wine 341.33 7598 ED PHILLIPS & SONS CO. Liquor 702.71 7599 WELCH VILLAGE Ski trip-Rec dept 315.00 7600 EOEN PRAIRIE GROCERY Postage 46.50 7601 VDID OUT CHECK 7602 HELEN LOUISE SAVAGE Easement #7 400.00 7603 STEPHEN CALHOON Mileage 93•32 7604 TREASURER-STATE OF MINNESOTA Registration fee-Public safety 11.00 ( 15 HELEN LOUISE SAVAGE & NORTHLAND Easement #7 370.54 06 MUTEC Conference-Street dept 6.00 7607 ST. CLOUD STATE UNIVERSITY Tuition-Public safety 80.00 7608 SUBURBAN NATIONAL BANK February payrolls 175.00 7609 FEDERAL RESERVE BANK Payroll 2/19/80 11,491.81 7610 PERA Payroll 2/19/80 8,602.50 7611 COMMISSIONER OF REVENUE January 1980 Sales tax 1,633.38 7612 DOC BLANCHARD ENTERPRISES Hydrant meter deposit refund 150.00 7613 RAY L. JORDAN & SONS, INC. Hydrant meter deposit refund 150.00 7614 LOVERING ASSOCIATES Hydrant meter deposit refund 50.00 7615 MIDWESTERN UNDERGROUND CONSTRUCTION Hydrant meter deposit refund 150.00 7616 E.H. RENNER & SONS, INC. Hydrant meter deposit refund 50.00 7617 WEST SUBURBAN UTILITY CONTRACTORS Hydrant meter deposit refund 50.00 7618 INTERCONTINENTAL PACKAGING CO. Wine 314.25 7619 JOHNSON BROTHERS WHOLESALE LIQUOR Liquor 958.40 7620 VOID OUT CHECK 7621 OLD PEORIA COMPANY, INC. Wine 11.23 7622 TWIN CITY WINE CO. Wine 494.41 7623 ED PHILLIPS & SONS CO. Liquor 891.66 7624 GRIGGS, COOPER & CO., INC. Liquor 1,772.71 7625 MINNESOTA DISTILLERS, INC. Liquor 1,342.99 7626 BUTCH'S BAR SUPPLY Supplies-Liquor store 43.40 7627 STATE OF MINNESOTA Copies-Minn. motor vehicle & traffic 12.00 laws i 7628 ACRO-MINNESOTA, INC. Office supplies 203.47 29 ADVANCE AMBULANCE & EQUIPMENT Backboard, airway-Fire dept 281.02 7630 EARL F. ANDERSEN & ASSOCIATES Flashers-Traffic signals 123.00 7631 ARMOR LOCK & SAFE CO. Deadbolts-Park dept 285.42 7632 BATHER, RINGROSE Service-Lotus View Drive, City Park 6,965.26 Survey, Ringroute 78th St. - Hwy 169, /0 r TM 169 & Leona Rd Signals, • Page two March 4, 1980 7633 BATTERY & TIRE WAREHOUSE INC. Plugs, clamps, seal beam-Street dept 57.44 f 7634 BLOOMINGTON OFFICIALS ASSOCIATION Broomball officials-Rec dept 355.00 7635 SHELLY BLUNT Basketball scorekeeper-Rec dept 63.25 7636 C & H DISTRIBUTORS, INCORP. Warning lights-Water dept 67.85 7637 CHANHASSEN LAWN & SPORTS Equipment repair-Community service 5.75 7638 JAMES CLARK Expenses 10.00 7639 CLUTCH & U-JOINT BURNSVILLE, INC. Repair clutch & parts-Street dept 124.76 7640 COMMISSIONER OF TRANSPORTATION Service 104.15 7641 COPY EQUIPMENT INC. Battery-Community service,flagging tape 37.54 markers, nails-Engineering dept 7642. CROWN RUBBER STAMP CO. Stamps-Finance dept 30.74 7643 DALCO Towels-Water dept 119.55 7644 DECATUR ELECTRONICS, INC. Equipment repair & parts-Police dept 48.90 7645 DORHOLT PRINTING & STATIONERY, INC. Office supplies 1,159.42 7646 EDEN PRAIRIE NEWS Legal ads 718.40 7647 EDEN PRAIRIE SCHOOL DISTRICT #272 Landfill fire 592.50 7648 EDEN PRAIRIE SCHOOL DISTRICT #272 1980 Winter Leisure program brochure 655.00 7649 EDEN PRAIRIE SCHOOL DISTRICT #272 Postage 72.00 7650 FEED-RITE CONTROLS, INC. Ferric sulfate-Water dept 3,483.80 7651 SCOTT FISHER Refund-Rec dept 8.00 I 7652 VOID OUT CHECK 7653 STEVEN P. GEIGER Expenses 35.80 7654 GENERAL COMMUNICATIONS, INC. Install antenna-Fire dept 20.6D 1.F5 GILLETTE CHILDREN'S HOSPITAL Child abuse case-Police dept 2.00 .6 JACK HACKING Expenses 29.76 • 7657 MICHAEL HARTELL Refund-Rec dept 8.00 7658 HAYDEN-MURPHY EQUIPMENT CO. Snow plow & sander spreader equipment 5,710.55 7659 HENNEPIN COUNTY FINANCE DIRECTOR 1979 December Equipment Rental 1,048.03 7660 HENNEPIN COUNTY FINANCE DIVISIDN Board of prisoners 296.OD 7661 COUNTY OF HENNEPIN Radios-Fire dept 525.00 7662 HENNEPIN COUNTY 1979 equipment rental-Police dept 7,235.24 • 7663 HENNEPIN TECHNICAL CENTER Fire training 133.00 7664 SHANNON HDFSTRAND Basketball scorekeeper-Rec dept 63.25 7665 HOPKINS CUSTOM HITCHES ' Running boards for new van 135.00 7666 IMPERIAL, INC. Wire splicer-Street dept 31.21 7667 WALTER JOHNSON Expenses 86.59 7668 JOURNEY SPORTS INC. Ski lessons-Rec dept 751.48 7669 KOKESH ATHLETIC & GOLF SUPPLIES Supplies-Rec dept 13.69 7670 ALLEN R. LARSON Mileage 18.36 7671 OON MARSHALL . Refund-Rec dept 8.50 7672 MAYVIEW RADID • Equipment repair 74.25 7673 MEDICAL OXYGEN & EQUIPMENT CO Oxygen 3.19 7674 METROPOLITAN FIRE EQUIPMENT CO Fire extinguishers 265.50 7675 METROPOLITAN WASTE CONTROL COMMISSION January 1980 SAC charges 10,518.75 7676 MINNESOTA GAS COMPANY Service 4,766.62 7677 MINNESOTA VALLEY ELECTRIC CO-OP Service 22.15 • 7678 KATHY NELSON Basketball scorekeeper-Rec dept 63.25 7679 NORTHERN STATES POWER COMPANY .• Service 6,245.21 "40 OERTEL CONSTRUCTION Refund permit-Building dept 20.50 ,,,81 PERKINS MOTOR TRANSPORT Service 70.00 7682 PUBLIC SAFETY-PETTY CASH Postage 10.68 7683 POPHAM, HAIK, SCHNOBRICH Service-Park dept 200.OD 7684 POWER TRAIN SPECIALISTS • Equipment repair & parts-Street dept 81.89 7685 PRAIRIE ELECTRIC COMPANY, INC. Electrical work-Fire & Public works 298.00 Cl2 1 f Page three ! Yf -h 4, 1980 I. 7686 RICK RABENORT Expenses 16.99 ;, 7687 VOID OUT CHECK ti 7688 ELLEN REDMAN Basketball scorekeeper-Rec dept 63.25 7689 JIM RICHARDSON Stamping kit-Engineering dept 26.00 a 7690 SHELLY RUUD Refund-Rec dept 8.00 7691 SCOTT SALMON Refund-Rec dept 8.00 7692 ROLAND SCHULZE January 1980 packet delivery 156.00 7693 SEARS Refrigerator, tools-Water dept 1,044.74 1 1 Tools-Fire dept 7694 DIANN SMITH Refund-Rec dept 9.50 7695" ST. JOHN'S WOOD HOMEOWNERS Ads-Liquor store 15.00 7696 STANDARD Fuel-Street dept 8,215.20 7697 STANDARD SPRING COMPANY Bolt-Street dept 18.55 7698 STUDENT EMPLOYMENT SERVICE Registration fee-Park dept 2.50 i 7699 SYSTEMS 3, INC. Mini-cassettes-Police dept 93.00 7700 THOMPSON PLUMBING Service 525.00 7701 TIERNEY BROTHERS, INC. Sppplies-Park dept 76.50 7702 TOUSLEY SPDRT CENTER Landfill fire 136.85 7703 TRANSPORT CLEARINGS Freight charges 19.40 7704 TWIN CITY GARAGE DOOR CO. Building repairs 378.20 7705 BOB TYSON Expenses 7706 ROGER ULSTAD Expenses 100.00 7707 URBAN LAND INSTITUTE Subscription-Park dept 11.30 8 VALLEY EQUIPMENT CO. Filter-Street dept 12.21 09 KEITH WALL Expenses 5.25 7710 WATER PRODUCTS COMPANY Valve Box top section-Water dept 27.95 7711 WARNING LITES, INC. Lights-Traffic signals 43.40 7712 SCOTT WEAVER Refund-Rec dept 8.00 7713 SANDRA F. WERTS Mileage 16.38 7714 WILCO PUBLISHING CD. Books-Rec dept 42.70 1 7715 XEROX CORPORATION Service 220.51 1 7716 ZEP MANUFACTURING COMPANY Filter, pump, solvent-Street dept 235.21 7717 CHAPIN PUBLISHING COMPANY . Ads 57.34 s 7718 M.E. LANE, INC. Insurance coverage 176.00 7719 HOPKINS POSTMASTER Postage 27.05 7720 LOGIS 1979 December service 2,049.00 7721 CUTLER-MAGNER COMPANY Quicklime-Water dept 144.50 7722 PAUL FOSS PRINTING & LITHOGRAPHY 1980 Decal licenses 98.00 7723 QUILL CORPORATION Book rack-Water dept 84.10 7724 BOB TYSON • Expenses 20.38 7725 VAN WATERS & ROGERS Chlorine liquid-Water dept 331.50 7726 AKINS FIRE EQUIPMENT CO. MSA Elastic Chin Straps 97.13 7727 AMERICAN WATER WORKS ASSOCIATION Books 24.00 7728 DALCO Floor rugs, detergent-Fire dept 354.06 7729 CHRIS ENGER Expenses 100.00 7730 GENERAL C0M1UNICATIONS, INC. Equipment repair & parts-Fire dept 46.00 7731 IMPERIAL, INC. Electrical connectors-Water dept 753.91 Screws, nuts, bolts, drills-Fire dept .32 ROBERT N. MARTZ Expenses 116.00 7733 MINNESOTA FIRE INCORPORATED Equipment repair-Police dept 72.20 7734 MINNESOTA WANNER COMPANY Air hose reel 368.93 7735 NORTHWESTERN BELL Service 40.27 7736 OSWALD FIRE HOSE Hose-Fire dept 4,055.00 633 1 -,age four m '1 4, 1980 T137 PRAIRIE OFFSET PRINTING, INC. Contact cards-Public safety 77.60 7738 W.E. NEAL SLATE CO. Bulletin boards-Fire dept 467.66 7739 SNAP-TITS, INC. Valve-Fire dept 1,004.64 7740 CHAD STUTELBERG Refund-Rec dept 3.50 7741 UNIFORMS UNLIMITED Uniforms-Fire & Police dept 6,347.89 7742 VESSCO Alarm circuit board-Water dept 413.78 7743 A & H WELDING & MFG. CO. Trailer ramps-Park dept 9.20 7744 W.J. EBERTZ Bryant Lake Improvements 38,951.91 7745 FARMERS STEEL CO Trailer ramps-Park dept 31.99 7746 ' "GUNNAR ELECTRIC COMPANY INC. Repair wiring at hockey rinks 77.18 7747 LANG, PAULY & GREGERSON, LTD Legal service 6,028.16 7748 SULLIVANS SERVICE INC. Pump tank-Research Road 50.00 7749 JOANNE FINK Refund-Rec dept 5.50 -7750 SUZANNE KORDISH Refund-Rec dept 5.5O TOTAL S100.285.16 ( C7q i, MEMORANDUM ( TO: Mayor and City Council FROM: City Manager Roger K. Ulstad /�%,! SUBJECT: Hunting Zone Committee DATE: February 28, 1980 As of this date,the following people have expressed an interest in serving on the Hunting Zone Committee: Wayne Brown I-I 1D2O0 Wild Duck Pass Al Tele. No.: 944-3311 j Paul Choiniere 15819 North Eden Drive Tele. No.: 934-2767 Joe Dolejsi (9005 Riley Lake Road) (' Route 4, Boic 465 Excelsior Tele. No.: 445-4536 • D. H. M. fames (Mike) / n ^ ti ) I ., 17345 W. 78th Street v, Tele. No.: 937-8089 Frank Kinney (Bill) r' 17650 W. 78th Street Tele. No.: 937-8570 Peter H. Loscheider rr 17660 West 78th Street V Tele. No.: 937-1606 Dean Luke ;I.q" 1710450 White Tail Crossing Tele. No.: 941-2669 Mr. & Mrs. Pat Minton ph T N 7994 Island Road Tele. No.: 937-8182 David E. Metz - 8629 Oarnel Road Tele. No.: 944-2278 Mr. & Mrs. Robert Rove P ,re ti + 7988 Island Road Tele. No.: 937-8228 • • ( 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, special 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. Fenzel, Mayor ATTEST: (seal) John D. Franc, City Clerk PUBLISHED in the Eden Prairie News on the day of . 1980. FEBRUARY 28, 1980 TO: ROGER ULSTAD FROM: KEITH WALL WE RECEIVED A CALL TODAY FROM JOHN O'SULLIVAN OF THE HCCJCC URGING US TO ACT ON THE ATTACHED RESOLUTION. HE INDICATED THAT THIS ACTION WOULD IN NO WAY COMMIT US TO PARTICIPATE IN ANY GRANT PROCESS. INSTEAD, IT WOULD GUARANTEE OUR QUALIFICATION FOR FUNDING SHOULD WE AT SOME TIME DURING THE YEAR DECIDE TO APPLY FOR A GRANT PROGRAM. • t17 1..ry i Ne B- FE J; 4412) J February 20, 1980 Mr. Roger Ulstad Eden Prairie City Manager `- 8950 Eden Prairie Road Eden Prairie, MN 55344 C2 Dear Mr. Ulstad: Cla The Hennepin County Criminal Justice Coordinating Council (HCCJCC) held a special CI meeting on February 14, 1980, for the purpose of briefing representatives from t'3 units of government within Hennepin County on the Justice System Improvement Act of 1979 (JSIA). QAt that special meeting, the HCCJCC reviewed the briefing document entitled RE-AUTHORIZATION OF THE LEAA PROGRAM which had been sent to all units of govern- ▪ ment in the County by the County's Office of Planning and Development on February 6, 1980. Following a review of that document and an extended discussion of the Loptions available to units of government'within the County, the Council adopted the following resolution and directed its Executive Committee to forward this ® recommendation to its member units of government: Cal The HCCJCC recommends that its member units of government continue to Ai participate under the new LEAA Legislation as a joint Hennepin County, City of Minneapolis and suburban unit of government combination entitle- rek ment jurisdiction and it is further recommended that a continued dist- rait � suasion and exploration of a viable balance-of-state concept be pursued 2r with representatives of other units of government within the Metropoli- tan area and the Crime Control Planning Board. As indicated during the special briefing on February 14, units of local govern- • ment must formally advise the Minnesota Crime Control Planning Board of their in- 7 tentions regarding participation under the new LEAA Legislation by March 10, 1980. Therefore, and in accord with the above recommendation, the HCCJCC is recommend- l ing consideration of the enclosed resolution. You are requested to present this On • resolution for consideration to your City Council and reminded that the results of such action must be communicated to the Crime Control Planning Board by March 10. We are also requesting that a record of that action be forwarded to the attention of our staff at A-2308 Government Center, Minneapolis, M!i 55487 To assist you in presenting this resolution, we have also enclosed a Summary Fact P▪ ei Sheet highlighting key points of information on this issue. If you have any • questions regarding this process or the enclosures, please do not hesitate to con- n tact our staff at 348-3069. On behalf of the HCCJCC may we thank you in advance (75 for your consideration of this recommendation. Sincerely, C., Urj.A.ra Craw 6 %%► b-4s. L. ..wkit4416 C. Wayne Courtney, Co-Chairman Thomas L. Johnson, Co-Chairman Edina Councilman Hennepin County Attorney Ea• Enclosures A-2308 Government Center,300 S.Sixth St.,Minneapolis,MN 55487,348-6497 (O l • • • ( RESOLUTION NO, R80 5 • SAMPLE RESOLUTION WHEREAS, the Justice System Improvement Act of 1979 (JSIA) reauthorizes ' and restructures the LEAA Federal Grant-In-Aid Program to state and local units of government; and, WHEREAS, certain units of local general government are eligible individually or in combination to function under the JSIA as entitlement jurisdictions and in that status enjoy significant autonomy with respect to the utilization of a . pre-determined allocation of federal funding; and, WHEREAS, units of government within the State of Minnesota must formally advise the Minnesota Crime Control -Planning Board of their intentions regarding participation in the JSIA no later than March 10, 1980; BE IT RESOLVED, that the City of formally declares its inten- tion to participate in the JSIA as a member of the Hennepin County Criminal Justice Coordinating Council (HCCJCC) under a joint Hennepin County, City of Minneapolis and suburban unit of government combination entitlement jurisdiction; and, BE IT FURTHER RESOLVED, that in the event the Minnesota Crime Control Plan- ning Board proposes an alternative to entitlement jurisdiction status which maintains the integrity of pre-determined funding allocations and provides for the maintenance of cooperative intergovernmental planning and coordination as embodied in the HCCJCC, such a proposal will be considered by the City of at that time. • • 09 • Joe • ifix;fisiun),44; itt,v J SUMMARY FACT SHEET • THE FEOERAL AUTHORIZATION FOR THE OLD LAW ENFORCEMENT ASSISTANCE ADMINISTRA- TION PROGRAM (LEAA) EXPIRED ON SEPTEMBER 30, I979. • LEGISLATION REAUTHORIZING, EXTENDING AND RESTRUCTURING THE LEAA PROGRAM WAS SIGNED INTO LAW BY THE PRESIDENT ON DECEMBER 27, 1979. THE NEW LEAA LEGIS- LATION IS KNOWN AS THE JUSTICE SYSTEM IMPROVEMENT ACT OF 1979 (JSIA). • UNDER THE JSIA CERTAIN UNITS OF LOCAL GOVERNMENT QUALIFY INDIVIDUALLY OR IN COMBINATION TO FUNCTION AS ENTITLEMENT JURISDICTIONS. THOSE UNITS OF GOVERN- MENT ELECTING TO PARTICIPATE IN THE JSIA AS AN ENTITLEMENT MUST MEET CERTAIN LEGISLATIVELY MANDATED REOUIREMENTS. THEY ALSO ENJOY A SIGNIFICANT LEVEL OF AUTONOMY REGARDING THE ESTABLISHMENT OF PRIORITIES AND THE ALLOCATION OF FEDERAL FUNDS RECEIVED UNDER THE PROGRAM. • ELIGIBLE UNITS OF LOCAL GOVERNMENT WHICH ELECT NOT TO PARTICIPATE IN ENTITLE- MENT STATUS MAY AUTOMATICALLY PARTICIPATE UNDER A "BALANCE-OF-STATE" CONCEPT. AT THIS POINT, A FULL DEFINITION OF THE BALANCE-OF-STATE CONCEPT IS NOT AVAILABLE. • ELIGIBLE UNITS OF LOCAL GOVERNMENT MUST FORMALLY DECLARE THEIR INTENTIONS • REGARDING ENTITLEMENT STATUS BEFORE MARCH 10, 19B0. • • WHILE THERE MAY BE CERTAIN ADVANTAGES TO PARTICIPATION IN THE JSIA UNDER THE BALANCE-OF-STATE CONCEPT, IN THE ABSENCE OF SUFFICIENT INFORMATION AND IN ACCORD WITH THE MARCH 10, 198D, DEADLINE, IT IS RECOMMENDED THAT UNITS OF GOVERNMENT WITHIN HENNEPIN COUNTY OECLARE.THEIR INTENT TD PARTICIPATE AS MEMBERS OF THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL UNDER A JOINT HENNEPIN COUNTY, CITY OF MINNEAPOLIS AND SUBURBAN UNIT OF GOVERNMENT COMBINATION ENTITLEMENT JURISDICTION STATUS. THIS ACTION, OF COURSE, PROTECTS LOCAL INTERESTS AND AS SOON AS FULL INFORMA- TION IS AVAILABLE FROM THE STATE REGARDING THE BALANCE-OF-STATE CONCEPT, RECONSIDERATION OF THIS ORIGINAL DECLARATION CAN OCCUR AT THAT TIME. • WITH RESPECT TO THE BALANCE-OF-STATE CONCEPT, THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL EXECUTIVE COMMITTEE AND STAFF ARE WORKING WITH . REPRESENTATIVES FROM OTHER UNITS OF GOVERNMENT WITHIN THE METROPOLITAN AREA ANO FROM THE CRIME CONTROL PLANNING BOARD TO FURTHER DEFINE THIS CONCEPT. AS SOON AS THAT PROCESS HAS BEEN COMPLETED, INFORMATION WILL BE FORWARDED TO YOUR ATTENTION. • • NOTE: More detailed information may be found in the REAUTHORIZATION OF THE LEAA PROGRAM briefing document or by calling HCCJCC staff • at TO: Mayor and Council FROM: John Frane DATE: February 19, 1980 RE: Final approval MIDB'S - Suburban Associates $1,400,O00 • This project received preliminary approval for $1,600,00O in May, 1979. The fianl documents have been reviewed and approved by the City Attorney. Resolution 80-45 is attached for your consideration. • • • GPI • • Member introduced the following resolution and moved its adoption: ,1 ( RESOLUTION NO. b c 0-T S RESOLUTION RELATING TO A $1,250,000 COMMERCIAL DEVELOPMENT REVENUE NOTE, SERIES 1980A AND A $150,000 COMMERCIAL DEVELOPMENT REVENUE NOTE, SERIES 1980B; AUTHORIZING THE ISSUANCE THEREOF PUR- SUANT TO MINNESOTA STATUTES, CHAPTER 474. BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City) , as follows: Section 1. Definitions. • 1.01. In the Resolution the following terms have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignments of Rent: the First Assignment of Rents and Leases, and the Second Assignment of Rents and • r Leases, from the Partnership to the Lender; Building: the approximately 25,500 square foot, three-story garden office building and related parking and other facilities and improvements to be constructed on the Land by the Partnership in accordance with the terms of the Loan Agreements; City: the City of Eden Prairie, Minnesota, its successors and assigns; Construction Loan Agreement: the Construction Loan Agreement among the City, Lender and Partnership; Fixtures: those items defined as Fixtures in Section 1-I-of the Mortgages; • Land: the real estate described in Exhibit A to . the Mortgage; Lender: Northwestern National Bank of Minneapolis, a national banking association, its successors and assigns; Loan Agreements: Loan Agreement Number One, relating to the proceeds of the Series 1980A Note, and Loan Agreement Number Two, relating to the proceeds of the Series 19808 Note, to be executed by and between the City and the Partnership; • 8� • Loan Assignments: the Assignment of Loan Agreement Number One and Assignment of Loan Agreement ( Number Two, to be executed by the City in favor of the Lender; Mortgages: the First Mortgage and Security Agreement (securing the Series 1980A Note) and the Second Mortgage and Security Agreement (securing the Series 1980B Note) from the Partnership, as mortgagor, to the Lender; Notes: collectively, the Series 1980A Note and the Series 1980B Note; Partnership: Suburban Associates, a Minnesota general partnership, its successors and assigns; r Project: the Land, the Building and the Fixtures as they may at any time exist; Project Costs: those costs defined as Project Costs in Section 1.01 of the Loan Agreements; Resolution: this resolution of the City authoriz- ing the issuance of the Notes; Series 1980A Note: the Commercial Development Revenue Note (Suburban Associates Project), Series 1980A, issued by the City to evidence the loan of $1,250,000 made by the Lender to the City; and Series 1980B Note: the Commercial Development Revenue Note (Suburban Associates Project), Series 1980B, issued by the City to evidence the loan of $150,000 made by the Lender to the City. Section 2. Authorization and Sale. 2.01. Authorization. The City is authorized by the Act to issue revenue bonds and loan the proceeds thereof to business enterprises to finance the acquisition, construc- tion and equipping of "projects" as defined in the Act, and -to make all contracts, execute all instruments and do all things necessary or convenient in the exercise of such authority. 2.02. Preliminary City Approval. By preliminary resolution adopted by the Council on May 15, 1979, this Council approved the sale of revenue notes pursuant to the Act and the loan of the proceeds to the Partnership for the acquisition of the Land and construction thereon of the Project suitable and designed for use as a garden office building and authorized the preparation of such documents as may be appropriate to the Project. V x� • 2.03. Receipt of Documents. Pursuant to the above, there have been prepared and presented to the Council copies of the following documents, all of which have been reviewed by the City Attorney and which are now, or shall be placed,on file in the office of the City Clerk: (a) Assignments of Rent; (b) Notes; (c) Loan Agreements; (d) Loan Assignments; (e) Mortgages; and (f) Construction Loan Agreement. 2.04. Findings of Fact. It is hereby found and determined that: (a) There is no litigation of any nature now pending or to the best of the City's knowledge, threatened, against the City, seeking to restrain or enjoin the issuance, sale, execution or delivery of the Notes or any of the documents referred to in Section 2.03, or questioning the authority or proceedings pursuant to which the Notes are being issued, the validity of the Notes or any of said documents, or the power of the City to assist in financing the Project as defined in said documents. (b) Neither the existence of the City nor the right of the present officials of the City to their respective offices is being contested. (c) To the best of the City's knowledge, the execution and delivery of the documents referred to in Section 2.03 will not conflict with or constitute a breach of any resolution, ordinance, agreement or other instrument tO which the City is subject or is a party or by which it • is bound. Section 3. Authorizations. The Mayor and City Manager are hereby authorized and directed to execute the Notes, Loan Agreements, Loan Assignments and Construction Loan Agreement on behalf of the City, and such other certifications, documents or instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney. Execution of any instrument or iiocument by one or more appropriate officers of the City shall constitute, and shall be deemed the conclusive evidence of, the approval and authorization by the City and the Council of the instrument or document so executed. Section 4. The Notes. �I 4.01. Form and Authorized Amount. The Notes I{ shall be issued substantially in the form of those on file I� in the office of the City Clerk, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, in the total authorized principal amount of $1,250,000 and $150,000, respectively, or so much thereof as may be advanced thereunder. 4.02. Execution. The Notes shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, and shall be sealed with its corporate seal. In case any officer whose signature shall appear on the Notes shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 4.03. Mutilated, Lost and Destroyed Notes. In case the Notes shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a new note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated note, or in lieu of and in substitution for such note destroyed or lost, upon the holder's paying the reasonable expenses and charges of the City in connection therewith, and, in case a Note is destroyed or lost, upon filing with the City evidence satisfactory to it of such loss or destruction. 4.04. Assignment. The Notes may be assigned by jl the holder, from time to time, by endorsement thereon or by separate written instrument, provided that notice of any such assignment shall be given in writing to the City and the Partnership in the manner provided in the Loan Agreements. 4.05. Delivery and Use of Proceeds. Prior to delivery of the Notes, the documents referred to in Section 2.03 hereof shall be completed and executed in form and substance as approved by the City Attorney and an original, •executed counterpart of each such document shall be delivered to the Lender. The City shall thereupon deliver to the Lender the Notes, together with a copy, duly certified by the City Clerk, of this Resolution and such closing certificates as are required by bond counsel. Upon delivery of the Notes and the above items to the Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Notes to the Partnership in payment and reimbursement of Project Costs pursuant to the provisions of the Loan Agreements and the Construction Loan Agreement. 61,5 { • Section 5. Limitations of the City's Obligations. Notwithstanding anything contained in the Notes, the Loan Agreements, the Construction Loan Agreement, the Loan Assign- ments or any other document referred to in Section 2.03 hereof, the Notes shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation and shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City shall not be subject to any liability thereon; no holder of such Notes shall ever have the right to compel any exercise of the taxing power of the City to pay the Notes or the interest thereon or to enforce payment thereof against any property of the City and the Notes shall not constitute a charge, lien or encumbrance, -legal or equitable, upon any property of the City. The agreement of the City to perform the covenants and other provisions contained in this Resolution or the Notes, or the other documents listed in Section 2.03 hereof shall be subject at all times to the availability of revenues furnished by the Partnership sufficient to pay.all costs of such performance, and the City shall never be subject to any personal or pecuniary liability. • Adopted: March 4, 1980 Mayor Attest: City Clerk • The motion for the adoption of the foregoing { resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • • TO: Mayor and Council FROM: John Frane DATE: February 29, 1980 RE: Final approval MIDB'S - Donald Russ - $1,350,000 This project was reviewed and approved by the council in July of 1979 in the amount of $1,350,000. The City Attorney has reviewed and approved the final documents. Resolution 80-46 is attached for your consideration. • • • L0 l • JO RESOLUTION OF TIIE CTl'Y OF EDEN PRAIRIE p{(( PROVIDING FOR THE ISSUANCE AND MAKING OF A COMMERCIAL {' DEVELOPMENT REVENUE BOND PURSUANT TO CHAPTER 474,MINNESOTA STATUTES,THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,TO PROVIDE FUNDS TO BE RELOANED TO DONALD C. RUSS,FOR A PROJECT AS DEFINED IN MINNESOTA STATUTES,SECTION 474.02,SUBDIVISION 1a.AND APPROVING COLLATERAL DOCUMENTS. RESOLVED,BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Statutory Powers. Pursuant to Chapte 474, Minnesota Statutes, as amended , ("Act"), the City is authorized to iss - and sell its revenue bonds ("Commercial Development Revenue Bond"), in ticipation of the collection of revenues for authorized projects, to finance whole or in part, the cost of construction of authorized projects and to • cr into such contracts and agree- ments which it may dee , proper and feasib for or concerning the construction and financing of an author ed project. 2. Issuance of Comm: cial Deve..ment Revenue Bond. The City shall issue and sell its Commercial D elopm; t Revenue Bond, Series 1980 (Donald C. Russ Project), substantially in th• for on file in the office of the City Clerk ("Note"),pursuant to the Act and s :ll •loan the proceeds of the Note to Donald C. Russ(hereinafter referred to as I• rower"), to pay the cost of construction and installation of an office building f ility on and acquiring the real property described in Exhibit "A" attached ,-r• • and made a part hereof (said improve- ments and real property are hereina er r• erred to as the"Project"). 3. Purposes and Findings. T e City►.until hereby finds and states that: (a) The Project will p 'mote, attra, , encourage and develop econom- ically sound industry and commer e,will help to revent the emergence of blighted and marginal lands and areas o chronic uncmp ment, will assist in preventing economic deterioration of the ea, will further p, to use available resources in the community including the isting investment • the community in education and public service facilities, I1 help stop the n:ov• tent of talented, educated personnel of mature age to of •r areas,will result in a increase to the tax base of the City, County and School ,1 istriet in which the Pr. ect is located, and will further promote the purposes ated in Minn.Stat.5474.01.', (b) The Commissio er of Securities for the State of Minnesota has given approval to the Project by le er dated July 27,1979, to Mayor Fenzel (c) Under the tcrnis of the Note and the collateral documents described in Paragraph 4. below and as provided in Minnesota Statutes Section 474.10, the Note shall not be payable from nor charged upon any funds othcr than the sums payable by the Borrower pursuant to the Loan Agreement,which are pledged to the payment of the Note and the City is not subject to any liability thereon. No holder or holders of the Note shall ever have the right to compel any exercise of the power of the City to pay the principal,interest and premium, if any,on the Note, nor to enforce payment thereof against any property of the City. The Notc shall not constitute a charge, lien or encumbrance, legal or equitable,upon any property Lv of the City. The Note shall recite in substance that the Note, including interest thereon, is payable solely from the revenue of the Loan Agreement pledged to the payment thereof. The Note shall further recite that it shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. The Note shall further recite that it is issued for a project defined in Section 474.02, Subd. la. 4. Collateral Documents. The following proposed documents relative to t' th Note and the Project have been submitted to the City: (a) Loan Agreement between the City and Borrower, and Investors Syndicate of America, Inc. in the form on file in the office of the City Clerk, whereby the City agrees to reloan the proceeds of the Note to the Borrower; (b) Mortgage and Security Agreement and Fixture Financing Statement in the form on file in the office of the City Clerk, whereby the Borrower grants to Northwestern National Bank of Minneapolis, a mortg lien on the property as security for the Note; 1; (c) Assignment of Leases in the form on fil: in the office of the City Clerk,whereby the Borrower assigns all of the rents an• leases from all or any part of the project as additional security for the Note; (d) Construction Loan Agree!' -nt in the for on file in the office of the City Clerk,between Borrower, Northw••ern National •ank of Minneapolis and the City which sets forth the terms of disk rsing the p •ceeds of the Note during construction of the Project; 1� (e) Buy-Sell Agreement between i orthwest:rn National Bank of Minne- apolis,Investors Syndicate of America,Inc.a •Borro -r,in the form on file in the office of the City Clerk, whereby Investors ndicat of America,Inc. agrees to purchase the Note upon completion of the proj- t; (f) Pledge Agreement In the form on f e i the office of the City Clerk, whereby the City pledges and assigns its inter• in the Loan Agreement to Northwestern National Bank of Minneapolis; all of which documents are sometimes referr• t• herein as the "Collateral Documents". The form of the Note and the Collateral.Documents : taehed hereto are hereby approved. The City shall execute the Note, Loan Agreement, Pledge Agreement and Construction Loan Agreement,a of which shall he executed in the name of and on behalf of the City by the Mayor and City Alanager and attested to by the City Clerk, but the Loan Agreement an. Construction Loan Agreement only upon execution thereof by the other parties thereto. The Note, Loan Agreement, Construction Loan Agreement and Pledge Agreement shall be substantially in the form on file in the office of the City Clerk, with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing same on behalf of the City, which approval shall be conclusively evidenced by their execution thereof. Copies of the Note and the Collateral Documents shall be delivered and filed or recorded as may be required. Collateral Documents which do not require execution by the City may be revised as approved by the Borrower. -2- G9 .t { 5. Pledge Agreement. The City shall assign and pledge its rights under the Loan Agreement to Northwestern National Bank of Minneapolis, and does hereby consent to the reassignment of such rights to any subsequent holder of the Note specifically including but not limited to Investors Syndicate of America,Inc.; however, such assignment and consent shall not operate to limit or otherwise affect the following covenants running to the City from Borrower contained within said Loan Agreement: Sections 2.2;3.4;4.1;4.2;4.4;4.8;4.9;5.4 and 6.8. 6. Execution of the Note. The City shall issue and make its Com- mercial Development Revenue Bond, Series 1980 (Donald C. Russ Project) to be dated the date of delivery, in the principal amount of One Million Thee Hundred Fifty Thousand and no/I00 ($1,350,000.00) Dollars substantially in the form on file in the office of the City Clerk. The Note shall be executed by the Mayor and City Manager,and attested to by the City Clerk and the official seal of the City shall be affixed thereto. When executed, the Note shall be delivered to Northwestern National Bank of Minneapolis,but only upon receipt of the signed legal opinion of Thompson, Nielsen, Klaverkamp & James, P.A., as to the validity and enforce- ability of the Note, Loan Agreement and Construction Loan Agreement, and that the City has no liability thereon and upon receipt of the origin: counterparts of all documents to which it is a party. The Note shall contain a re,ital that it is issued pursuant to the Act, and such recital shall be conclusive ev'hence of the validity and regularity of the issuance. 7. Amendment o Bond Resolution. Without t ice written notice to Northwestern National Bank Minneapolis and the Borr. er, the City shall not change, modify,alter,or ter nate this Resolution. 8. Certified Copies. The Mayor,City Manage. and City Clerk and other City officers are authorized a d directed to prepare :nd furnish Northwestern National Bank of Minneapolis, In estors Syndicate of A erica, Inc., Borrower and any subsequent holder of the No -, certified copies of the City proceedings and records relative to the Note,and s,eh affidavits or ear •ficates as may be required to show the facts appearing from t e City records, a • all such certified copies, certificates and affidavits, includi any previously furnished, shall constitute representations of the City as to ,e truth and curacy of all statements contained therein. 9. Registration of Note. The C Clerk, _-Bond Register,shall provide for the registration of transfer or exchange • the N. e. Principal and interest due on the Note shall be payable to the registered older or registered assigns thereof. 10. Statement of Election. The City :II file a Statement of Election To Issue Industrial Development Bonds In A: ••:gregate Amount Exceeding •$1,000,000:00 But Not Exceeding 510,000,000.00/with e Internal Revenue Service Pursuant to Section 103(b)(6XD) of the Internal Reven,- Code of 1954 ("Code"), electing to apply paragraph(D)of Section 103(b)(6)of the •••e to the issue of the Note. 11. City Representative. , the City Man- ager, or in his absence ,City Clerk, is appointed and designated as the representative onFiehali'-oT[he�ity,to act on behalf of the City, and shall execute all documents as required or provided in the Loan Agreement. -3- 690 12. No Litigation. No litigation of any nature has been commenced against the City by service of process upon the City regarding, restraining, or enjoining the issuance, sale and making of the Note, nor contesting the statutory ( powers granted by Minnesota Statutes, Chapter 474, in connection with the issuance of the Note,nor regarding the organizational and boundaries of the City or the right of the City Councilmen or officers to their respective offices. To the best of the City's knowledge, there is no action, suit, proceeding,or investigation at law or in equity before or by any court, public board or body pending or threatened against the City wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by or the validity of the Note, this Resolution, the Construction Loan Agreement, L.: Agreement or Pledge Agreement. 13. Authorit'. The execution and delivery and formance of Loan Agreement,Construction Loan Agreement and Pledge Agree and the issuance of the Note do not violate any law,regulation,or agreement .r any court order or judgment in any litigation to wh the City is a party or by lab It is bound. 14. No Conflict of I erest. To the best of to: City's knowledge and belief, no counc member o t CIty,and no other ele. ed or appointed official who is authorized to take par in the entering into •f the Loan Agreement, Construction Loan Agreement o Pledge Agreement . the issuance of the Note, is directly or indirectly intereste erein,the Projec or any contract,agreement or job contemplated to be enter ,. into or s en for completion of the Project. 15. City Expense. All costs :nd expe -; incurred by or on behalf of the City in connection with issuing and set •g the No shall be the sole obligation and responsibility of the Borrower,Including,ut not 'mited to legal fees. • e N URE APPROVED: • MAYOR ATTEST: CITY CLERK -4- 49 I • FEB201916 IMIE NA R D, INC. NC GENERAL OFFICES t; ROUTS NO.2,EAU CLANK,WISCONION 54701 PHONE: 17151 5745511 1' FES t�g80 February 16, 1980 The Honorable Mayor Penzel Mayor of the City of Eden Prairie v' 8950 Eden Prairie Rd. 4' Eden Prairie, MN 55344 RE: Council Review Of Menard Storage Building Addition On March 4, 1980, Council Meeting Dear Mayor Fenzel: I would like to be placed on the agenda for March 4, 1980, to discuss an addition to our existing storage facility that has been constructed at our site in your community. I have found it is advantageous to enlarge our storage building so that we may house more of our materials that have been stored outside previously. The addition would be on the southwesterly side and would be 25 feet x 144 feet. We will agree to continue the brick face on the additional 25 feet end elevations and the roof line will not change. It will only extend to the southwest an additional 25 feet. If possible, I would appreciate prompt consideration so that we might complete the addition as soon as possible this spring. Sincerely,LQ-01" Mary Prochaska Vice President-Real Estate Menard, Inc. .MP/3g cc: Roger Ulatad Chris Eager C I POPHAM, HAIK,SCHNOBRICH,KAUFMAN & DOTY,LTD. 2a IQ . 4344 IDS CENTER MINNEAPOLIS. MN 55402 WAYNE G.POPHAM JAMES R.STEILEN RAYMOND A.HAIK JAMES B.LOCKHART TELEPHONE ANO TELECOPIER ROGER W.SCHNOBRICH GARY E.PARISH• •12-335-9331 DENVER KALIF MAN ALLEN W.HINDERAKER __ DAVID S.DOTY CLIFFORD M.GREENE ROBERT A.MINISH O.WILLIAM KAUFMAN DENVER OFFICE ROLFE A.WOROEN OEML.PETERSON G.MARC WHITEIIEAD MICHAEL D.FREEMAN 2660 ENERGY CENTER DNE BRUCE D.WILLIS LANNY D.ESPEL DENVER.COLORADO 60202 FREDERICK S.RICHARDS DAVID A.JONES 303-426-2660 RONALD C.ELMOUIST SALLY A.JOHNSON • G.ROBERT JOHNSON LESLIE GILLETTE GARY R.MACOMBER MICHAEL T.NILAN ROBERT S.BLIRK ji ROBERT E.HAMEL. FREDERICK C.BROWN OF CONNSEL February 29, 1980 BRUCE D.MALKERSON DALE C.NATHAN .NO?ADNTEP t0 MINNEfOt.FM Mr. Roger Ulstad City Manager 8950 Eden Prairie Road e Eden Prairie, MN i' Re: Proposed Legislation for the Nine Mile Creek and Riley Purgatory Creek Watershed District I ( Dear Mr. Ulstad: Both the Nine Mile Creek and Riley Purgatory Creek Water- shed Districts are presently requesting the State Legislature to pass special legislation increasing the districts' taxing authority. Copies of the proposed legislation are enclosed for your review. These copies make references only to Nine Mile Creek, but the legislation has been amended to add Riley-Purgatory as well. Basically, the first bill requests that the administrative levy limit be increased from $75,000 to $125,000. The second bill requests the establishment of a water maintenance and repair fund with an initial levy of $30,000 and $15,000 a year there- after. Legislation to this effect has been passed for both Minnehaha Creek Watershed District and Rice Creek Watershed . District four or five years ago. With increasing inflation, increasing urbanization, and the increasing complexity of regulation, both Nine Mile Creek and Riley-Purgatory Creek Watershed Districts believe the proposed legislation is neces- sary for the continued effective and efficient management of the water resources in the districts. The legislation has been introduced in the Senate by Senators Bang, Benedict, Keefe and Kirchner and in the House 6 93 POPHAM,HAM,SCHNOBRICH,KAUFMAN & DOTY,LTD. ( Mr. Roger Ulstad Page Two February 29, 1980 by Representatives Pleasant, Ewald, Forsythe and Knickerbocker. Hearings at the subcommittee levels of both the House and Senate have been held, and the bills have been passed without opposition to the full committees. At the subcommittee hearing before the Senate, one of the members inquired about the position of the cities located in both watershed districts. He indicated that he would appreciate information regarding this at the full committee hearing. There- fore, we are contacting each of the cities located within the watershed districts requesting that this matter be placed on the agenda of the City Council for their review. We would like to have the City Council authorize the Mayor or City Manager to send a letter to James A. Jones of the Nine Mile Creek Water- shed District or Howard L. Peterson of the Riley-Purgatory Creek Watershed District at our address noted above, indicating that the City has maintained a productive and cooperative relationship with the watershed districts and that the City appreciates and uti- lizes the expertise of the watershed districts in water resources management. We would like to have the City openly support the legislation, but if the Council does not wish to do so, we would appreciate their indication that they do not oppose the legisla- tion. For your information, the water maintenance and repair fund is intended primarily to be a cooperative projects fund, and has been used as such by the Minnehaha Creek Watershed District. Money from that fund would be used in cooperation with city funds to undertake smaller projects such as shore stabilization, cutting of vegetation, cleaning out of culverts and dredging of creek beds. This obviously is something which would benefit the City as well as the watershed districts. We appreciate very much the City's consideration of this matter and your help in presenting it to the Council. If there are any questions or if you need additional information, please do• not hesitate to contact me. Sincerely, Des L. Peterson Attorney for the Districts DLP/nrh cc: Boards of Managers of Riley-Purgatory Creek Watershed District • and Nine Mile Creek Watershed District G91j • • 60-0798 <REVISOR > XX • 1905 rt9 1 1 1980 Messrs. Bang, Benedict. xirchner and ranfe. J. introduced— S. T. No. 1905: Referred to the Comittte on ApAgmaeIMNaneaIReaawoee 1 A Kill for an act 2 relating to the Nine Nile Creek Watershed District: 3 providing for the establishment of a district 4 water maintenance and repair fund; authorizing a 5 tax ievy for water maintenance and repair purposes. 6 7 BE IT ENACTED ET THE LEGISLATURE OF THE STATE OF MINNESOTA: B Section 1. tWINE WILE CREEK WATERSHED OISTRICT; WATER • 9 MAINTENANCE AND REPAIR FUND; CREATION OF FUND; TAX LEWT.I 10 Notwithstanding any other law to the contrary. the Nine 11 Nits Creek Watershed District is authorized and separated. 12 In addition to all it now possesses. to establish a • 13 fund to be known es the water maintenance and repair fund 14 which shall be kept distinct free ail other funds of the • 15 Nine Nils Creek Watershed District. This fund shall be • • 16 maintained by an annual ad valorem tax levy on each dollar 17 of ad valuation of all taxable property within the II Nine Nile Creek Watershed District sufficient to raise an 19 amount in the first year tat lowing enactasnt of this • 20 legislation of up to S30.000 and thereafter In subsequent • 21 years an amount of up to S15.000. The board of onagers of 22 the district shall adopt each year by resolution the amount 495 I . !10-0798 <RE V I SOR > XX • 1 to be raised by mill levy for the fund for the ensuing 2 year, which amount shalt then be levied, collected and 3 distributed to the district In accordance with Minnesota 4 Statutes. Section 112.611, and is in addition to any other S coneys levied, collected and distributed to the district 6 thereby. 7 See. 2. (PURPOSE OF FUNO.I The water maintenance and • repair fund may be used for any saintanance. repair, 9 restoration. upkeep and rehabilitation of any public ditch. 10 drain, daps, sewer. river, stream, watercourse, and 11 waterbody, natural or artificial. lying wholly or Partly. 12 within the district. Any work perforaed in accordance with 13 the purposes of this act nay include, but is not 'tatted 14 to, stress and watercourse clean up and maintenance and • 15 stress and watercourse bank and bed repair and 16 stabil I zat I an. 17 See. 3. (WORK; MUNICiPALITIES.' Any work to be 18 undertaken and Paid for froa the water maintenance and 19 repair fund under this act shall be ordered by the board of 20 tanagers of the Nine Mile Creek Watershed District 21 according to law. before the eomaeneament of any work se 22 ordered, any affected eunicipattty shall be notified in 23 writing by the Nine Mile Creek Watershed District about the • 24 proposed work and ostisated costs. Within 30 days 25 following receipt of the written notice, any affected 26 sunictpalities say notify the district In writing that it 27 will perform the work ordered by the district. If the 28 municipality undertakes such work. it shall be paid as 29 previously prescribed by the district from the water 30 maintenance and repair fund. If any affected sunicipatity 31 fills to perform any work ordered by the board of managers, ( 32 the district say hare such work perforsed in any ether 33 manner as authorized by law. 63(p, 2 • • • 60-0795 (REVISOR•) XX 1 Sec. 4. {EFFECTIVE DATE.' This act is affective upon C2 snnrevai by a majority of the board of managers of the Rine 3 Kilo Creek Watershed OistrEct, and upon compliance with the 4 provisions of $lnnesota Statutes. Section 643.021. • • • • 6Cri 3 10-0719 <REYISOR ) XX 1906 . FEB 11 1980 • 1 • Musrs. Hang, Benedict. Kirchner and Keefe;J. introduced— S. T. No. 1906. Referred to the Committee on prrossueanowiuiurarasas 1 A bill for an act 2 relating to the Nine Kits Creak Watershed District; • 3 authorizing an ad valorem tax for certain purposes. 4. f 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA* • < 6 Section 1. (NINE MILE CREEK WATERSHED DISTRICT; TAX • 7 LEVY; ANNUAL ADMINISTRATIVE FUND LEVY.' Notwithstanding any S other law to the contrary* the Nine Mile Creek Watershed • 9 District is authorized. In addition to all powers it now IO possesses, to estabtiah an administrative fund. This fund Ii shall be maintained by an annual ad valorem tax levy on 12 each dollar of assessed valuation of all taxable property 13 within the Nine Mile Creek Watershed District sufficient•to 14 raise an amount each year of up to, but not to exceed, an 15 amount of 8125.800. This levy is in lieu of, not In • 16 addition to. the administrative levy contained in Minnesota 17 Statutes 197$, Section 112.61. Subdivision 3 far tha Nine • 111 Mile Creek Watershed District. The funds shall be used for 19 general administrative expenses and for the construction 20 and maintenance of projects of common benefit to the 21 district. The managers may make an anneal levy*ler this 1 ti.r : 60-07119 (REVISOR ) IIR 1 fund as provided in Minnesota Statutes. Section 112.611. 2 Sec. 2. !EFFECTIVE DATE.] Thls act Is errantly, upon 3 approvai by a majority of the beard of managers of the Nine 4 Nile Creek Ilatershed District. and upon compliance with the 5 provisions of Minnesota Statutes. Section 645.021. +_ • G99 • • • • 2 • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: February 25, 1980 SUBJECT: Request Permission to Advertise and Receive Bids for Grading at Staring Lake Park and Flying Cloud Ballfields • As staff has indicated earlier this year, it is very important to the continued growth of the EPAA to complete the grading and seeding of Staring Lake Park and Flying Cloud Ballfields in 1980 so those facilities are available for use in 1981. Staff has recommended that these projects be bid together due to their proximity and the similarity of the projects. They will be bid so the Flying Cloud Bailfield portion could be dropped if a satisfactory lease is not fothcoming prior to receiving bids. These projects were included in the bond referendum but could be financed through cash park fees if bonds are not sold prior to completion of the projects. (The cash park fee fund could be reimbursed upon selling of the bonds.) This project will include development of the following: Flying Cloud Fields - 5 soccer/football fields - 2 regulation baseball fields - parking for approximately 170 cars (eliminates all parking off Co. Road 1 for existing nine ballfields) Staring Lake Park - 3 soccer/football fields - 2 softball/little league baseball fields - parking for approximately 170 cars - grading pads for two picnic shelters. and - grading for two tennis courts, and a multi use court - archery range The staff has completed plans and specifications for the grading of these facilitlies and requests authorization to advertise for bids on March 12, 19, L 26 in the Eden Prairie News and March 14, 21, & 28 in the Construction Bulletin, and to receive bids on Friday, April 4, 1980 at 10:00 A.M. -2- • Estimated costs for grading these sites are: Staring Lake Park 2120,880 Flying Cloud Ballfields 23,509 The City will complete the seeding in August of 1980 and will install backstops, goals, roads and parking in the spring of 1981, BL:md • • • • • • • BUJ NOTICE TO CONTRACTORS STARING LAKE PARK GRADING PROJECT NO. 1 a' 4 FLYING CLOUD BALLFIELDS PROJECT NO. 2 Bids Close: 10:00 A.M., Friday, April 4, 1980 Eden Prairie, Minnesota 55344 Tel: 937-2262 ADVERTISEMENT FOR BIDS City of Eden Prairie, Minnesota Notice is hereby given that bids will be received, opened and read at 10:00 A.M. on • Friday, April 4, 1980, in the presence of the City Clerk and City Engineer in the City Hall, 8950 Eden Prairie Road, Eden Prairie, Minnesota for the construction of Staring Lako Park Grading Project No. 1, and Flying Cloud Balifields Project No. 2, including approximately 88,160 cu. yds. common excavation and 14,999 cu. yds. topsoil. Plans, Specifications, Proposal Forms and Contract Documents may be seen at the Community Services Department, 8950 Eden Prairie Road, Eden Prairie, Minnesota SS344, 937-2262. Each bid must be accompanied by a bid bond for at least five percent (5%) of the amount of the bid, made payable to the City of Eden Prairie, which amount shall be forfeited to the City of Eden Prairie, Minnesota, as liquidated damages if the bidder, upon the lotting of the contract to him, shall fail to enter into the contract so let. Contractors desiring a copy of the Proposal Form, Plans and Specifications may obtain ( them from the office of the Department of Community Services upon payment of a deposit of Ten Dollars ($10.00), all of which will be refunded upon return of the documents in good condition within fifteen (15) days after the date set for the opening of bids. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed thrity (30) days after the date and time set for the opening of bids. No bid may be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. Payment to the Contractor will be by check. • The City reserves the right to reject any or all bids and to waive minor irregularities and informalities therein and further reserves the right to award the contract in the best interests of the City. All proposals must be addressed to: City Clerk, City of Eden Prairie, Minnesota and shall have endorsed thereon: BID FOR STARING LAKE PARK PROJECT NO. 1 4 FLYING CLOUD BALLFIELDS PROJECT NO. 2 BIDS CLOSE: 10:00 A.M., Friday, April 4, 1980 ADDENDUM NO'S INCLUDED Publish: In the Eden Prairie Community News BY ORDER OF CITY COUNCIL March 12, 19, E 26, 1980 CITY OF EDEN PRAIRIE Construction Bulletin Stephen Calhoon, Deputy City Clerk ( March 14, 21, 28, 1980 1 C) yet MEMDRANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: Febraury 22, 1980 SUBJECT: Swedlund Property on Riley Lake .At the February 19, 1980 meeting, the City Council considered the information regarding the proposed sale of the Swedlund property on Riley Lake. The Council agreed with the Parks, Recreation and Natural Resources Commission that the property would be a beautiful park site but also questioned the proposed price and funding sources available to the City. The Council requested staff to prepare a report that would list possible sources of finds for acquisition and also to outline a program showing how the City would use that site as a community park. FUNDING LAWCON - This would be a very good possibility for LAWCON funding; however, each suburban community is limited to one LAWCON Grant per year. The grant amounts are to a maximum of $150,000 (50% matching LAWCON 25% LCIIR if ranking is high enough = $37.000 for a total of 12 s00 per year. The City of Eden Prairie is presently in the process of purchasing Miller Park on Mitchell Lake. The following numbers inidcate the status of that acquisition project: Paid 1976 - $5,000 original option paid 1979 - $50,000 option extension (and payment for Parcel No. S) fl 12.2 acres paid 1979 - $155,200 (approved LAWCON/LCMR grant assistance of $75,000) 02 12.2 acres 1980 - $147,400 (approved LAWCON/LCMR grant assistance of $112,500) 03 12.2 acres 1981 - $139,600 (will apply for LAWCON/LCMR assistance • of $105,000) 04 18 acres 1982 - $31,800 f5 18 acres 1983 - ($55,000) This is the amount already paid in 1976 and 1979, but will only be available if we purchase parcels one through four as per agreement. '703 • • _2_ Therefore, the City has already committed $357,6O0 and received ( commitments on $187,500 in grants for 24.2 acres; however, if we arc successful in applying for LAWCON/LCMR funds in 1981 for Parceh No. 3, the City will only be paying $66,400 "local dollars" for the remaining 48.2 acres at Mitchell Lake. I, Total cost of Miller Park = $529,000, ($292,5O0 grants, $236,500 local). As these numbers indicate, the City is committed to payments on the Miller property thru 1982. The City could decide to apply for LAWCON Grant assistance for the Swedlund property in 1981 rather . than the Miller property. (The Swedlund property would probably receive a higher ranking for grant assistance.) RILEY/PURGATORY WATERSHED DISTRICT- The Watershed District agreed to pay for half the cost of the Schaitberger property in 1975; therefore, they , might consider some matching funds for acquisition of this parcel. REFUNDS FROM METRO COUNCIL - The City will be receiving $311,000 from Metro Council when the City turns over the operation and maintenance of Bryant Lake Park and Anderson Lakes Park to Hennepin County Park Reserve District. (The City has receivables from LAWCON for acquisition of these two parks that will be paid to Metro Council upon receipt by • the City.) These dollars wore originally spent for community park lakeshore property, therefore it would appear to be consistent use of these fund to purchase community park lakeshore property. SALE OF EXISTING RILEY LAKE PARK - Although, it is a "cardinal sin" to ever discuss selling park property, this should also be considered in this instance. The existing 9 acre park is such a distance from the Swedlund property that it is not likely that a "community park" would ever expand to include both areas. The existing park is in a poor location for several reason: 1. It has a road running between the narrow beach and the remaining portion of the park. 2. Due to the traffic on the road and the short distance from the road to the water, boat launching causes traffic • problems and is dangerous on heavily used days. 3. The beach is on the southeast side of the lake, and therefore has weeds blowing into the beach throughout the summer. 4. Because of the close proximity to adjacent land owners on both sides of the park, there are many complaints about trespassing, noise, etc. Summary - If the Council chose to pursue acquisition of this parcel, staff would recommend applying for LAWCON funds for 1981, contacting the Watershed District for matching funds, and using the refund from Metro Council for matching dollars. • '1Uq -3- PROGRAM The 14 acre site is completely wooded with a mixture of mature trees, and is dominated by a high hill at the center of the site. There are presently eight small (approximately 25'x40') wood frame buildings on the site, two include basements, fireplaces and group washrooms; three "lodges" ; a two car detached garage; and one house. Actually, the number of buildings are more of a liability to the site than an asset. Five of the eight small buildings could be sold as small lake homes or "hunting shacks", or could possibly be used as warming houses in some of our parks. One of the small buildings, presently on a cement slab foundation, is ideally located for a concession building for the beach area; the walkout • basement in one of the small buildings near the beach could be used as a changing room and the main floor could be used as a park shelter for group use. Two of the lodges, Witherspoon Lodge and Geneva Lodge, would have to be removed as the condition of the structures and cost to bring them up to code would be prohibitive. Fulton Lodge includes a large dance floor, stage, and restrooms. This facility could be reserved by large groups, companies, etc. for parties, it could also be used by the Historical/Cultural Commission for many of their community events. The swimming beach and boat launch area would have to be improved by removing many trees for a parking area and to expand the beach. • The beach area appears to be of an adequate size to be developed into a very nice public facility. The wooded hill overlooking the lake would be one of the nicest picnic areas in the City. On the west side of the hill there is a small wood frame building with a fireplace and group washrooms in the walkout basement. This could be used as a day camp area by the recreation department. The house should remain on the site and rented to someone who would act as a caretaker/ manager of the site. He/she would also be responsible for cleaning the buildings and preventing vandalism to the site. SUMMARY • The Swedlund property would be a unique and valuable addition to the park system. It has unlimited possibilities for programs and would offer beautiful public access to the largest lake in Eden Prairie. There would be approximately $100,000 of'improvements to be made to the site upon acquisition, however these could be made over several years. BL:md 7O P MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services t�+� DATE: February 26, 1980 SUBJECT: Light Industrial Tractor Bids At 10:00 a.m. February 26, 1980 bids for the Light Industrial Tractor for the Park Department were opened. These bids included trade-in on the existing Ford Tractor. Bids were as follows: Valley Equipment Co. John Deere 302 Tractor Loader $12,978.00 Valley Equipment Co. John Deere 302A Tractor Loader 15,380.00 • Long Lake Ford Ford 445 w/745 Loader 13,740.00 Case Power $ Equipment J.I. Case 480C 15,100.00 A $ M Industrial International 240A 16,942.00 Tractor, Inc. As all of these proposals meet or exceed the specifications, staff recommends the Council award the contract to the low bidder which is: Valley Equipment Co. John Deere 302 Tractor Loader $12,978.00 BL:md • • MEMORANDUM TO: Mayor and City Council f, THRU: Roger K. Ulstad, City Manager FROM: Robert A. Lambert, Director-of Community Services L • - DATE: Pebraury 27, 1980 SUBJECT: Janke Property - Anderson Lakes Park During the summer of 1979, Mr. Bud Janke of 8515 Timber Trail called me to ask if the City still planned to purchase the remaining homes in Anderson Lakes Park. I informed him that the remaining five homes were still within the proposed park boundaries, and that Metro Council had funds "in-holding" for purchase of those parcels when the property owners were willing to sell. On Febraury 26, 1980, Mr. Janke informed me that he is in the process of purchasing a lot, and would now like to sell his home as soon as possible. I have again checked with staff at Metro Council, they have assured me that funds are being held for purchase of that property. • Staff requests authorization to secure an appraisal and negotiate a purchase based on the appriasal. BL:md • 101 j MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Ulstad, City Manager PROM: Robert A. Lambert, Director of Community Services 1 &L.. DATE: February 25, 1980 SUBJECT: City/School Site Trade-Off At the February 19th meeting, the City Council referred to the Febraury 12, �{ 1980 memorandum concerning proposed City/school site trade-offs. The Council requested that staff provide a report indicating the status of each of the parcels involved. t LAKE EDEN • School site - 13 acre site, a high grassy knoll with fringe of trees on the eastern and northern boundary, obtained by the school district in a trade with Eden Land Corporation for a site owned by the school district in the Edenvale PUD north of Valley View Road. �} City site - 11 acre site located east of school site. This area is out of the floodplain, but is a low wet area unsuitable for park development without approximately 12-20,000 yards of fill. The City received a deed for this site in 1979 from Edenvale upon final plat of Lake Heights Addition. PRESERVE PARK This 22 acre site was dedicated to the City as part of the Preserve PUD. It was originally to be approximately 17 acres but was expanded to 22 acres to allow for possible construction of an elementary building on the site. The development plan of this site includes a "pad" for a school building. The site development was completed in 1978 with the use of CETA employees and rented heavy equipment. • i FRANLO ROAD PARK SITE This 20 acre site is located east of Franlo Road south of County Road 1 (is presently used as the Leaf Recycling Center). The City negotiated the terms of this purchase with Hustad Development Corporation during the Prairie East hearings. The City is purchasing the 20 acres for $7,500 per acre on a contract for deed. The City is paying for it thru cash park fees received from Prairie ;° East. To date we have paid $103,900 toward this park site. This site could support an elementary school building and parking arca with the park/playground development. 1 CITY HALI. SITE The "City Hall site" was mentioned in the 1975 Neighborhood Facilities Study as a possible arca for a neighborhood park to serve an arca within a 13 mile radius of the intersection of County Road 1 and County Road 4. This site is also designated as a neighborhood park sito in the Compehensivo Park Plans approved in 1979. 70T • _2_ City staff comments regarding the recommendation of the School District Revenue and Capital improvements Committee: Recommendation N1: That as many of the trees on the school's portion of the Lake Eden site be salvaged as is practical and possible. Comment: The City recognizes the school district's concern and is also concerned in the aesthetic development of the entire school/park site. Very few of the treos would have to be removed in order to obtain the necessary amount of fill. Recommendation 12: That the grading elevations be provided to the school - district for review before final grading occurs. Comment: Staff has already provided preliminary plans showing grading cuts, and agree that the school should review and approve final plans. Recommendation 13: That if the City Park and Recreation Department plans to use any of the school district's 13 acres for recreational facilities, that the Parks and Recreation Department receive permission from the school district to do so in advance and that such plans would provide minimal construction costs in order to minimize potential future concerns if and when the school was to displace the recreational facilities. Comment: The preliminary plan shows development of two softball fields and a soccer field on the school site. The only costs to move in the future would be removal of the backstops and goals. Recommendation 14: That the City Council provide a resolution to the School Board indicating that appropriate and adequate land will be provided to the scheel district at the Preserve school/ park site if and when the school district should decide to construct a school building at that site. Comment: Although, in City negotiations with the Preserve regarding park dedication, the City requested 22 acres so this site would be large enough to serve as a school/park site there is no written commitment to the school district that this site would be dedicated. The school is requesting a commitment so they are able to make definite plans for expansion of school facilities in the future. ��9 1 -3- • Recommendation #S: The City Council provide a resolution to the School (� Board that appropriate and adequate land will be provided to the school district at the Franlo Road Park/School site if and when a school will be constructed at that site, and furthermore, that the school district will have an opportunity to share initial plans with the Parks and Recreation Department in determining the best location for a school building on that site. Comment: The school would need approximately 3 acres of this 20 acre site for locating a school building and the additional parking areas needed to serve the school. It is reasonable that if the Council wishes to.ded.icate a site at this park.-.,.. ..._ for school use that the school district have the opportunity to share in the planning of this school/park site. Recommendation #6: That the City of Eden Prairie will assist the school district in helping to obtain approximately 3 acres of land adjacent to the City's proposed park site to be located near the existing City Hall. 'The assistance is to include, but not be limited to, helping locate the appropriate site, helping plan appropriate road accesses, share in planning of park facilities, etc. Comment: The school district administration recognize the need for • C a future elementary school site to serve the southwest sector of the City. Rather than purchase a 15 acre site for a school, it makes since to follow the Forest Hills and Prairie View/School Park concept and locate the school adjacent to a neighborhood park/playground. Due to the relationship of this site to Couniy roads and the service area, the school administration has recommended the School Board consider purchase of a "school pad" adjacent to any park property that might be purchased in this area. Staff recommendation is that the City help to negotiate a price for their needs if and when the City would negotiate on park property. The school is also requesting the right to share in the planning of the park facilities. This recommendation is reasonable if the City Hall site is to be a school/park location. In summary, the school district is requesting the City to dedicate two school pads within City parks for the right to use the fill from their site on the future school park site at Lake Eden. BL:dm �t0 �rR • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Bob Lambert, Director of Community Services FROM: Stuart A. Fox, City Forester 1701 DATE: February 28, 1980 SUBJECT: Disposal of Tree Debris for 1980 BACKGROUND: As a result of the fire at the Flying Cloud Sanitary Landfill, and subsequent recommendations by Hennepin County and the Metropolitan Council, the City of Eden Prairie will not be able to dispose of tree waste in the same manner it did in 1979. The current policy at the landfill is to accept tree debris only if it is under 4" in diameter (i.e. brush). In 1979, the City disposed of approximately 3,500 tons of tree debris at the landfill at no cost for drop charges. The City's ability to use the landfill has resulted in a tree program which operates with a sanitation budget, when compared on a $/tree basis, that is thousands of dollars less than other communities. (Reference - See Staff Report dated December 12, 1979). The 1980 program will cost more to operate primarily because the City will no longer have free disposal. The staff has researched the alternatives. they are as follows: I. Change program and place the responsibility of hauling and disposal on the homeowner's tree contractor. A. Offer homeowners cash subsidy to off set cost. B. Operate a tree contracting system similar to Bloomington. II. Maintain present program and continue to haul and dispose of homeowners trees. • A. Haul to nearest disposal site in Bloomington (Cedar Ave. 8 the river). B. Operate a disposal site within the City with equipment rented from Hennepin County. C. Purchaso equipment with utilization aid from State Department of Agriculture and operate site within the City. The tree sanitation program has operated essentially the same for the past 3 seasons. The wood was disposed of at the landfill because it was the cheapest and fastest way to process diseased elm wood in accordance with State Rules and Regulations. The program of hauling wood from the curbside of homeowners residences allowed the property owner several alternatives in the removal of ail • • -2- of a diseased tree. More often than not the, the homeowner cut down the tree ( themselves thus saving the cost of hiring a tree contractor. However, the material hauled from the curbside was not suitable for utilization. This is due to the fact that the larger the tree diameter the shorter length the homeowner cut it to stack at the curbside. Since all approved tree disposal sites in 1980 must utilize the majority of tree debris it will be necessary to take material to these sites in a form capable of being utilized. To date the 2 disposal sites for Hennepin County are located in Maple Grove and Bloomington. • I. CHANGE PROGRAM If the City discontinued its present policy of hauling and disposal of tree waste, this in all likelihood would facilitate the utilization of debris, primarily because homeowners would be forced to contact tree services for hauling debris and this would lead to more removal by tree contractors, who are able to drop, cut, load and haul debris in longer more processible lenghts. tl Option I: To offset the removal costs the City could offer subsidies, similar to the 1977 program, directly to homeowners. • Option II: Operate a program similar to Bloomington whereby the homeowner signs responsibility of contracting over to the City Forester and tree removal is bid per property on a weekly basis, City pays contractor, City bills homeowner for a portion (S0%) of total bid. h' • While both of the alternatives above have some advantages, the staff feels that the disadvantages far outweigh them. To transfer the responsibility of disposal to the homeowner with the tree disease season rapidly approaching would certainly cause extreme confusion and reverse the present acceptance of the tree disease program. II. MAINTAIN PRESENT PROGRAM The continuation of the present hauling and diposal system is at this time the easiest program to modify in conjunction with utilization of wood materials. There are basically 3 options and they are are: If 1. Haul tree debris to disposal site in Bloomington. The disposal site will be operated by a private contractor at Bloomington's present disposal (burning) site. A drop charge of $1.50/yard will be collected and loads must be segregated at site i.e. - brush one pile and logs in another. The program would cost approximately $25-$30,000 per year for disposal costs only. In addition to the drop charges paid by the City, the program would face additional costs such as fuel costs (longer hauling distance), contractual services (regularly scheduled additional trucking would be necessary to keep curb time of trees to a minimum), and wages. Because of the decrease in volume of material 112 • r -3- 0" • hauled versus the increase in distance it would be necessary to l pay overtime to increase hauling time and volume. The final increase • • in budget cost would be an estimated $63,000 of which the City would be reimbursed 47% or $33,550. i 2. Operate a disposal site within Eden Prairie using Hennepin County chipper. If proper terms could be arranged, the landfill site is the most desirable location. The diseased material would be hauled to the site, stacked, and on a regular basis (3 day/week) the County would supply a chipper to process wood. The City can not operate a disposal site only for the City of Eden Prairie, it must be a site open to the public. A drop charge would be necessary to offset operation costs. Ideally, the increase in operational/disposal costs would be offset by revenue generated by the sale of raw materials generated at the site. COSTS RETURNS ! Chipper Rental $80/hr. Drop Charge $1.50/yd. Sale of Chips $4.50/yd. Sale of Saw Logs Bookkeeping Costs Land Rental Extra Manpower (1-2 part-time) Use of Additional City Equipment When attempting to estimate the cost of this operation it is difficult. However, the present market for woodchips and sawlogs is sizable and • stable enough to offset most of the additional costs. It is anticipated that sale of chips and logs would recover 3/4 of the cost of operation • and drop charges would provide 1/8 of revenue. This option would not break even since the City would not pay drop charges to get rid of its debris. This small deficit then becomes the City's "cost" of sanitation. After conversations with the State Department of Agriculture it was confirmed that the City could receive 47.4% sanitation subsidy, which further reduces the actual cost of operation for the City. Total cost of operation • (minus) sale of chips, etc. (minus) drop charges = Edon Prairie's Sanitation Cost • • (minus) 47% of Eden Prairie's Cost (from State Shade Tree Program) = Eden Prairie's Final Cost �+3 -4- 3. Purchase a Chipper Staff briefly researched cost to purchase a chipper with the assistance of utilization profit funds from the State Department of Agriculture that would provide up to So% of the initial costs. The estimated purchase cost for a used large tree chipper is $100,000. The staff, however feels that the hidden costs i.e. operation, maintenance, and repair, in comparision to actual time used would not justify the purchase of such a specialized piece of equipment. RECOMENDATIONS: The staff feels that after review of the alternatives for tree debris disposal • for 1980 that the best method would be operation of a utilization site within the City. The net cost to the City is the smallest while allowing the present program to continue with few modifications. The staff request the Council review the options outlined above and authorize staff to proceed with one of the alternative programs. • SAP:md • • • 114 • 1' Y • March 4, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-52 RESOLUTION ORDERING IMPROVEMENTS ON VALLEY VIEW RD., NAMES WAY AND DELL ROAD (I.C. 51-325) WHEREAS, a resolution of the City Council adopted the 7th day of August fixed the 4th day of September, 1979, as the date for a public hearing on the following proposed improvements: I.C. 51-325, Valley View Rd., Names Way and Dell Road as per feasibility report for said project, • except deleting railroad underpass in lieu of at grade signalized crossing. WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing through two weekly publications of the re- quired notice and the hearing was held and property owners heard on the 4th day of September, 1979, WHEREAS, the City Planning Commission has reported in writing to the City Council that said improvements are consistent with the capital improvement program of the 1979 Comprehensive Guide Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement as above indicated is hereby ordered. ADOPTED by the City of Eden Prairie On • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk f Planning Commission Minutes -9- February II, I9S0 99 Cliff Patterson, 7330 Green Ridge Drive stated that he would like to see single family in this area and inquired what the present zoning is on this site. t The Planner stated that this site is presently zoned rural. Gartner inquired what happens to the recreational facilities in the event that the residents can not handle its maintenance. The Planner replied that they would be legally responsible and - liable for the ultimate disposition of the pool. Levitt asked the proponent why he felt this development should be approved, Burqquist stated reasons set forth in the development brochure. MOTION: Bentley moved, Gartner seconded to close the public hearing. Motion carried 4 - 0. • MOTION: Bentley moved, Levitt seconded that the Planning Com- mission recommend to the City Council denial of the request by Milton Quam to rezone from Rural to R1-13.5 and RM 6.5. Motion carried 4 - 0. MOTION: Bentley moved, Levitt seconded that the Planning Com- mission recommend to the City Council denial of the request by Milt Quam to preliminary plat 13 single family lots and 56 lots for duplexes for the Rymarland Camp 2nd Addition project. VI. OLD BUSINESS NONE VII. NEW BUSINESS NONE VII. PLANNER'S REPORT REVIEW OF VALLEY VIEW ROAD for consistency with the Comprehensive Guide Plan. Levitt stated that when making this motion the Planning Commis- sion is not stating that they are reviewing the specific alignment of Valley View road but that it is consistent with the 1979 Guide Plan. MOTION: Levitt moved, Gartner seconded that the Commission finds as follows; the proposed capital improvement for Valley View Road is consistent with the 1979 Comprehensive Guide Plan. Motion carried 4 - 0. VIII. ADJOURNMENT MOTION: Bentley moved, Gartner seconded to adjourn the meeting at 11:20. Motion carried 4 - O. 1 ito • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 29, 1980 SUBJECT: Bids for Valley View Road, Stage I, and Round Lake Park Site Grading I.C. 51-325 Sealed Bids were opened at 10:00 A.M. on Friday, February 29, 1980, for the above referenced improvements. These bids aA read are listed on the attached summary. All bids will be checked-for errors and tabulated for Council review on Tuesday evening, together with the draft of Resolution No. R80-53. The Engineer's estimate for this project was $790,000. Because of the recent problems in the municipal bond market, we recommend that the Council continue consideration of these bids until May 6, 1980, which is the suggested date for the City's next bond sale. A determination (' can be made at that time whether or not to proceed with the contract. Im- mediately prior to opening bids, we announced to all bidders present that we would be recommending to the City Council this delay in award. We have talked with Brown & Cris Construction Co. and they have indicated that this exten- • sion will be acceptable, but that this would have to be verified with their subcontractors and also an appropriate time extension for completion of the work would be expected. CJJ:kh Attachment • • 11� VALLEY VIEW ROAD (PHASE I) S.A.P. 181-109-02, I.C. 51-325 HAMES WAY, I.C. 5I-325A jf / ROUND LAKE PARK SITE GRADING, I.C. 5I-325B LANDSCAPE PLANTING, I.L. 51-325C SID OPENING: FEBRbARY 29, 1980 10:00 A.M. BIDDER BID SECURITY! • TOTAL BID -? PROGRESSIVE CONTRACTORS, INC. 510 I $ toq 0, '2 Z. 7 0 - WANGERIN, INC. 5 j . '739� 652 . 729 ARCON CONSTRUCTION CO. 5% $ (0E3, 507, 5- M. G. ASTLEFORD CO., INC. 4L BRUCE COMPANY OF WISCONSIN �+ -1 - C. S. McCROSSAN 5( ) $ 8!2., 59 QC�. SO HAYEK CONSTRUCTION CO. DELUXE CONSTRUCTION, INC. -- NORTHERN CONTRACTING 5 f $ 757 n 7 Z. a3 - CARL BOLANDER 8 SONS cl5l��o r 5 n')01 9 S3.• 420 9 BROWN 8 CRIS, INC. 5% $ �It_�2' 570. OS _�` Y ENEBEK CONSTRUCTION CO. _--`- 5 d� �`72 Z S j 3rJ RICHMOND EXCAVATING, INC. /o L (t 3 _-SHAFER CONTRACTING CO. 5% CJ`1 9 5_p • �jp RICHARD KNUTSON, INC. CJ -t �.7 ?5 °70 7(,4, S2-• McNAMARA VIVANT CONTRACTING # 5% is 74 QRS CONSTRUCTION CO. F. F. JEDLICKI, INC. SEBESTA CONSTRUCTION CO. ORFEI & SONS, INC. )t - MINK-KOTA EXCAVATING. INC. 5� 1� Q�Q' /�/1 4Q G. L. CONTRACTING (> V .� MATT BULLOCK CONTRACTING CO. ALEXANDER CONSTRUCTION CO. W. J. EBERTZ GRADING & EXCAVATING ----___i KAHNI:E BROTHERS, INC. •fv • • VALLLT 'r1LK ROAD MNHML 1) S.A.!". 1G1-&i -UL, 1.G. 51-3Y5 NAMES WAY, I.C. 51-325A (, ROUND LAKE PARK SITE GRADING, I.C. 51-325B } LANDSCAPE PLANTING, I.C. 51-325C DID OPENING: FEBROARY 29, 1980 10:00 A.M. - _ BIDDER I BID SECURITY' TOTAL BID 10 iz Lc L,L, _$ -��ci° • flAzvz h . • • • I t9 • • March 4. 1980 CITY OF EDEN PRAIRIE #I HENNEPIN COUNTY, MINNESOTA ,- RESOLUTION NO. R80-'55 RESOLUTION RECEIVING PETITION AND ORDERING, FEASIBILITY REPORT ON IMPROVEMENTS ON ANDERSON LAKES PARKWAY, E.C. 51-341 WHEREAS, a petition has been received and it is proposed to make the following improvements; I.C. 51-341, Street improvements on Anderson Lakes Parkway from Preserve Blvd. to Lake Eden North Addition, and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of BRW, Inc., and that a feasibility report shall be prepared and presented to the City Council with • all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk • 7� • • MEMO TO: Mayor Penzel and Members of the City Council o THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: February 29, 1980 SUBJECT: Anderson Lakes Parkway Connection • I.C. 51-341 The Council may recall that the City's Capital Improvement Program for transportation projects, as listed in the 1979 Guide Plan update, indicates construction in 1980 of the connection of Anderson Lakes Parkway from Preserve Boulevard to Lake Eden North/South Addition. Many new families have moved into the Lake Eden area and presently the only access is via T.H. 169. Several residents from this neighborhood and representatives from the homeowners association have called my office recently to request access improvements. We also have a formal petition from Edenvale South, Inc., requesting the road extension. It is recommended that the Council adopt Resolution No. R80-55, receiving • the petition and ordering preparation of the feasibility report for the connection of Anderson Lakes Parkway and intersection improvements at T.M. 169/ • Anderson Lakes Parkway. We also recommend that BRW, Inc., provide engineering • services for this project. CJJ:kh • • • 121 • • • • / • i : 1 : � _ -_ •; r-�:vs.:... e.rM.•j � Y 3 . w,. . . n. I 3 Z ',ThY ' r • + • 1. , J •:1.M•::y •'• ill' `•,-- ••. z i ._ C f'•' -mow. l •P:• = %..-1.•:•./•�,� f.*1 •£.1`'..'. •- . r�7•-�'`c •:`..4.Q•.• •r it• .. . '-_ .3•i'a •Z.: ...� °`�i m�.�»:. .- r-+••. �. ':yi' g:L.�• '' _.w.'P -t-J n— • .ice ' a z.f.+i.Cw c@f 1.•"S •'5 ia�{ r,• ,':fL pia. .-.s.. _ '•, -.,;,-. •'L - i s..may, . '¢ �+ .•. . ,,,, I �.?' ..: • • • 41. i 1, / . . • ,-• �• .. • WI:. ltij JjYT • .^ tA• 1 = "s I t y•"ems 1 • • f' -,7 Rifrh#-Poed• an£taitic.._9(in csota gg?.7•3 • ;.fa4l:-53oo 14500 Valley View Road 55344 M1 R JO 197S March 6, 1979 Honorable Mayor and City Council • c/o Roger Ulstad, City Manager 8950 Eden Prairie Road Eden Prairie, MN 55344 Honorable Mayor and City Council: This letter is a petition from Edenvale South, Inc., the owners of Outlots G, C, A, Q, H and R, Lake Eden and EPRIC, a Minnesota corporation, the owners of Lots J and K, Lake Eden. These owners hereby petition the City of Eden Prairie to improve the east-west parkway from the eastern end of the improved southerly two lanes eastward to The Preserve. The petitioned improvement includes the construction of the southerly two lanes of a divided roadway including concrete • curb and gutter and the construction of a six foot wide bituminous sidewalk along the south right-of-way from T.H. #169 to the pedestrian underpass adjacent to Outlot Q; thence north under the parkway within the existing underpass and thence easterly along the north side of the east-west parkways. to The Preserve. The improvement of the road should be assessed against Outlots A, 8, C and R and the bituminous pathway should be assessed against Outlets A,$ C, R, G, H, J and K. Please initiate the feasibility study and public improvement hearings to complete desirable roadway improvement. EDENVALE S UTH, INC. By / . E. chu cher, President • EDEN PRAIRIE REAL ESTATE INVESTME CO ORATION • By KES/po 123 .�at•;1,mur C'1ra,olr..7n:..ran 1•wt{fi'I - & ' /: pmw f 1 G C ! ann:.rg C n?,mr..� rn ra.'a �tl.J1r1 t•'1,n.��.a.nanun.e.Jnr..Cin filnv.p.wat..tlu. a; CHANGE ORDER • NO. ' 2 • DATED February 7, 1980 { PROJECT: Shady Oak Road Industrial Park ENGINEER'S PROJECT NO. 791005 OWNER: City of Eden Prairie CONTRACT DATE: OWNER'S PROJECT NO. C.,�C. 51-344A_) TO M. G. Astleford Co., Inc. r CONTRACTOR You are directed to make the changes noted below in the subject contract: OWNER: City of Eden Prairie BY: DATE NATURE OF THE CHANGE: Add 48,600 CY Swamp Mucking @ $2.00 per CY to the contract quantities. $93,600.00 Extend the date for substantial completion to June 30, 1980. Extend the date for final completion to July 31, 1980. Unit prices for current contract work to be performed in 1980 { remain unchanged. The changes result in the following adjustment of Contract Price and Time: Contract Price Prior to this Change Order: $ 967,950.75 Net(lncreaseXDecrease)Resulting from this Change Order $ 93,600.00 Current Contract Price Including This Change Order $ 1,061,550.75 Adjustnents to contract completion dates are described above. The Above Changes are Approved: The Above Changes are Accepted: RIEKE CARROLL MULLER ASSOCIATES, INC. M. G. ASTLEFORD CO., INC. ENGINEER ACTt2g DATE // � ��i/ lZ g� { ' � (12) 7,2y • / February 28, 1980 Mr. Carl Jullie, P.E. City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 RE: ,SHADY OAK INDUSTRIAL PARK I.C. 51-344A) CM FILE 7910D5 Dear Carl, Attached hereto is proposed Change Order No. 2 to the above referenced project. This change order increases the contract quantity for swamp mucking and extends the completion dates for the project. Only the increase in the swamp mucking quantity increases the contract price. The increase iny the contracti quantityfh for swamptmucking is ki necessitated by the extension of the limits of swamp mucking to include additional portions of West 7Dth Street. Anderson rieke Development has requested the extension of these limits and has acknowledged by letter that they anticipate a cost increase ar assoeiates inc of up to 5250,000 for items covered in this change order and architects Change Order No. 1. �- engineers land surveyors Work remaining on this contract consists of a portion of the 171annen storm sewer construction and gravel base, concrete curb and • gutter and bituminous surfacing on Shady Oak Road. The time extension for the completion of this work is granted at the contractor's request and on the basis that all work remaining in the present contract will be complete at current contract prices. The contractor's justification for the time extension is delays caused by a wet construction season last year and conflicts between utility construction and site grading which was also underway last summer. There still remains a considerable amount of material to be moved from the north side of Shady Oak Road to lots south of Shady Oak Road. While this site grading work is not in the City contract, we believe it advantageous to the City to delay street construction until most of this site grading is complete to avoid the necessity for loaded scrapers crossing new street construction. We therefore recommend this time extension. Very truly yours, Alan D. Gray, P.E. • RIEKE CARROLL MULLER ASSOCIATES, INC. ADG:cp l DI t last street south n612 93o kms5-69.m"nnesota0t 55343 EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS ,RAT NATIONAL•SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS.MINNESOTA 55402 339-8291(AREA COOE 6121 t yI To: Mayor Penzel and City Council City of Eden Prairie, Minnesota From: William E. Fahey Ehlers and Associates, Inc. Dated: February 29, 1980 • Re: Financing 1980 Capital Programs On February 19, 1980, we discussed at length the unprecendented • high interest rates and their negative impact. I believe Joyce Provo has recorded those discussions very well in the minutes. In addition, attached is an article from the Wall Street Journal (2/28/80) reflecting the national impact as well as Wall Street's views. Also attached is a listing of bond sales for the month of February and the status of each. Interest Rates { ine municipal tax-exempt interest rates have risen a full 1% since February 1. This increase relates directly to the Federal Reserve Board's one percent increase in the discount. An addition- al 34% increase occurred in late January as the result of a $10 billion refunding by the Federal Government which was only partial- ly successful. That is, the government sold all of its bonds, {{ notes, etc., however the purchasers (banks and investment bankers/ underwriters) have not been able to resell the long-term maturit- ies thus tying-up a substantial volume of money which helps maintain the higher interest rates. Trends As the Hall Street article indicates, no one really is sure where interest rates are going. We believe the economic indicators point to a stablizing market in the next 30 days. However, there is one principal qualification, that being additional Federal Reserve Bank interest rate adustments. Chairman Volker has repeated the Federal Reserve would not hesitate to increase the discount rate or make other adjustments which would increase interest costs as a means to curtail inflation. Rumors of possible credit controls or full controls from Washington D.C. on Thursday and Friday have served to provide the only strength to the market in almost two month fl ,z, i�, • Mayor Penzel and City Council • February 29, 1980 Eden Prairie, Minnesota page 2 For the remainder of 1980, we feel there is a much greater chance that tax-exempt rates will increase than decrease. • • Market Factors There is a substantial volume of tax-exempt bonds both locally and nationally. This backlog is comprised of normal municipal issues, Housing Mortgage Revenue Bonds, and Industrial Develop- ment Revenue Bonds. There is a demand for high quality bonds, such as Eden Prairie has to offer, because there have been very few issues sold in recent weeks. We believe the purchasers are going to be selective and only those issues of high quality are going to receive favorable interest rates. 7% State Interest Ceiling Minnesota imposes a 7% interest ceiling for local governments. The current market stands at approximately 7.90 to 8.10% for the Eden Prairie Issue of $3,570,000. The Minnesota Legislature is reviewing bills to extend the interest ceiling. The bill that appears to have the best chance is one supported by the League of Cities and that would impose a ceiling of 9%. There seems to be mixed feelings as to whether this package package ( '; will pass. The House seems most amenable, but there appears to be a lack of interest, despite the obvious impact on our state economy. City Options • A. Do nothing and ride out the inflation cycle and hope and pray that sufficient correction will be made so that issues may be marketable in early to mid 1981. B. Support the proposed general legislation. C. Submit a special Eden Prairie Bill to raise the interest ceiling on bonds and the interest ceiling on assessments which secure the bonds. Ehlers recommends both B and C. A will be the result if either a general low or special law is not passed. • EHLERS AND ASSOCIATES, INC. It 12"� 1! 7NE WALL STREET JOURNAL February 28, 1980 r �`Cl Nr.Q1,� Plt t of Water District 1/unit; A fete days ago in North Carolina,state !71 officials called off the planned sale of S100 Mr.O'Halloran is general manager of the) States Recoil minion in bonds. The money would have Santa Clara Valley Water District.He is in Cities and b,-so used to create a pad of cheap most charge of building a complex uetwork of wa• p gage money for would-be homeowners.But• ler pipelines for the region.and a few weeks. Costs Qi Borrow n with bond rates soar+.ng.the plan wouldn't ago he had high hopes of tapping the public. Ashave worked.If North Carotins can't find bopd mantel for Y31 million in construction In Bond Market Soar sane way to raise the ea.h,orbe:rll ce a money. led of home builders Vaal for work down!t . "It wasn't more than a month ago that _ here," says John alargeson of the state, we were expecting a 7% to 7.5%Interest Housing Mance Agency rate."he says, "but the market has just ManyHo Cannot or Won't Pay hi the past two.weeks,hundreds—of—mil- fallen apart In three weeks."When it did.In- ' lions of dollars in municipal bond issues.. terest rates soared. Anti when Mn. The Rates of 8%or More; •1 have been canceled or withdrawn.On Toes- O'Halloran asked for bids the other day,the . day alone,St.Paul,Minn.,Sarasota, Fla. • !only investment house that was willing to Underwriters Turn Wary • aed Anchorage.Alaska,scuttled their plans.. ;underwrite the issue of 30 to 35-year bonds I And unless bond prices rise and their inter was First Boston.which bid 8.92%. est rates fall pretty fast.it is good bet that I The water district couldn't accept It.Cal- Tearing Down the Ceilings a great many more will be postponed.Yes- - ifomia forbids public agencies such as Mir. • By BxaVARD Wvsocxt JR. telday,prices of existing tax-exempt Issues O'Halloran's from paying more than 8%.' POI rr<p rrarOraaty WALL STRSCTJocwo - • were generally steady. but trading was. "The state legislature has passed a bill rats- The collapse of the Wall Street bond mar•,, • light.(See story.on page2S.) .' log it to 10%a It's sitting on Gov.Brown's n bet is sending financial tremors across the next is •desk'-�tr.,O'H)fleran says. But Gay,'; Which way die Wad market goes - - land as states,'cities,school districts and anybody's guess.Some obsenrrs say a re- other municipal agencies find themselves•• bound is likely(or possibly may even have iemporariy shut out of the market and ore begun), on the premise that bond.prices- Brown hasn't been spending too meta time able to raise money. . have sunk so low that they offer investors a at his desk lately.He is busy campaigning The chaos in the bond market—plunging far better yield,or Interest-rate return,than, for the Democratic presidential nomination. bond prices and soaring bond interest rates do common stocks. On the other hand, a se ate.O'Halloran is in a pickle. i _means Ghat anybody who wants to float a many Wall Streeters say the worst is. His current strategy Is to slash the$31 mpne/.(Sties and states that had hoped, k. tn'w bond Issue has to pay dearly for the yet to come. - millionon to about Y20 million and cut the term An Awesome Backlog to I7 years In hopes of ratting the rate below just a few weeksi ago,toh raise theynus ato fee• "We haven't seen the worst of it,:says- 8%.But that means construction will slow, or 7-'.now interestesrer hot 3%, musto ever arrestors rates of B•l,'J','o.or even Donald MlcGtthan.a partner at Ftdmestock people will lose Ihclr jobs and Mr. ' growing number of them can't &Co.,a New York investment house.For O'Halloran's budget will be strained."We ?Jglner.And a gro g one•thing,he says,the backlog of tax-ex- -orfeel we have to get these projects going be-- (these—pay a price. empt sand Issues waiting in the wings I§. cause inflation keeps driving up our costs," (These state and local governments bon- awe . row at relatively low rates because the in. awesome."Ever/major managing house. Ire says. • terest they pay has a good hundred deals waiting to be In the state of Washin the to tax. orpo is exempt „ says.In such a buyers' market' plunging from federal income tax.Corporations and' done,"geats,municipalities may well have to bond market has created problems of a lit- talesl agencies are being totted to pay ferent sort. . ears of up to about t5.5 a oo their bonds pay even hfgtter rates is the future away. King County is the largest in the state.ft Which are taxable.) , • • tract investors who seem increasingly ary has more than 1.1 million people and enema- : in Oregon,the state 0 million no takers re- of Another thing that tends to drive up the' passes Seattle.But east and south of the city} Gently for more,than$a milieu in bonds. Interest rates 1s the sheer riskiness of the.. lie vast stretches of lush farmland.Develop- , Proceeds elderly tvtudd have financed housing for current bond scene.In many cases,a city or. era would love to build some of it up.assail the anit'and sestet buildings.The bondsfarmers are eager to sell them the de- had an MS interest-rate ceiling, and Wall a state ask;Wall Street Investment houses , many B to submit competitive bids on the Interest velopment rights. Street simply demanded more. rates of newly offered bonds.The winning: Lot November,80%of the voters cast Cap Proves Too tow • Wan Street firm buys the bonds and tries to ballots in favor of a$30 million bond issue.I t In Ypsilanti.?rich..earlier this week,the- sell them to others.The firms called the un The •proceeds would be used to buy develop• poblic schools couldn't float a$3.1 million r derwriter.may have to cut the price of the must rights tram the farmer,thereby seek--. Lord Issue to finance a new elementary• , bond to unload It,possibly softening a loss tug to ensure that the rural land wit remain sciesd.Ypsilanti,too.put an 8',t,cap on the That Is precisely what has happened re- mom• ! interest tate it would offer."We just didn't ; cm*. We're anxious to buy(the rights).ast y get any bids."says James L"Filcher,bust As a result,Wall Streeters are making • quickly as possible because of the eseahtliagf Fes manager."We aren't starting construe. higher Initial bids to give themselves a big- n prices," says Wiliam t t arsons,eatrttyj tics taunt July 1,tau w•"already have archi• ; ger cushion to absorb hisses. "One thing pomptrollsa.lie it iamd.. en,mntma test fees of about IldAttua oxnfag due." we're seeing,underwriters are working for on Wait lee• i Planned week by raises $3 double- hutch higher profit margins to protect them- A rated lards selves agaInat an erratic market," says John Carhutf, managing director at First Fruitless Hope. • Boston Corp. "We had a madmem Interest rite of 8% Alt of which makes life tougher for mu- and an estimate of 7^..,"Mk.,Parsons says. nicipal.financiers.Consider the problems "Rd rates went up sharply attar we asked faaag John O'Halloran of San Jose.Calif. - i for proposals."Bids were scheduled to be opened this past Monday."There was some hope we would get a bid," Mr.Parsons; says,but none was received. The county . • . . . council and all day Monday to figure out what to do.The consensus seemed to be that it weld be best to wan until April in hopes, that the rrmrket would stabilize. If rates go higher,that could eliminate{ many new publicly financed housing wort•I gages that have helped prop up the housing • industry during the past several months. • , • •• Oregon officials shortly plan to float$300 y. • million in state veterans bonds to finance • home mortgages for veterans.Oregon has set 1094 as the maximum rate for selling the bonds.Given the high rate,state officials • are optimistic.: but not completely. "The vets thing is something everybody's worried • about." says Fred Hansen, deputy state• • treasurer.. • For these who choose to go ahead with fi- ianehng,the rates they offer are unprece• dented.The state of Pennsylvania removed its 8%interest-rate ceiling on a proposed$83 mltttom bond issue.Yesterday,Wail Street • houses submitted their bids.The winner was r a group headed by Salomon Brothers:Penn- sylvania willpay a high 9.156%. Alternatives Explored • • Some municipalities have started explor• • log alternatives to bonds. "Municipalities are getting more sophisticated about bor- rowing."says First Boston's Mr.Carbuft. "Where It's legal,some have learned to use short-term debt and bank loans.Some is- suers have even combined them.' The municipality thus.puts oft some long- term financing.As an interim measure,it borrows only part of'what it needs.paying higher, short-term rates but figuring to come out ahead later by borrowing the rest ,at long-term rates after long-term rates drop.Mr.Carlwft notes that this amounts to • spe^:ton on interest rates,a plan that can easily backfire if long-term rates rise._ • The basic choice facing the municipal); ties right now a deciding whether to forge ahead and pay the current long-term rates, on the premise,that things wilt.only'get worse,or to wait and hope these rates will • •Back In October,Louisiana had a chance • to sell $108 million in generalobligatton bonds at 6.39%.That was a few days after the Federal Reserve Board announced cred• It-tightening moves. The Iouistaaa State Bond Commission decided the underwriters were charging a premium because•the .credit markets were so unsettled,so they re- jetted the bid. • In fact.rates only went higher.And when the state returned in January for a second • look at the market.It had to pay 6.69%.• But that looks like a bargain today. 1;9 BOND SALE RESULTS - FEBRUARY, 1980 Feb. 4 - Big Lake, MN $2,740,000 Temporary Improvement Bonds Non-rated, Mature 1983 Purchaser: First Nat'l Sank of St. Paul 6.85% Feb. 5 - Marshfield, WI $2,145,000 G.O. Promissory Notes Mature 1981/89 Purchaser: First Wisconsin & BancNorthwest 6.449% Feb. 5 - Taylor Falls, MN I.S.D. #140 $225,000 G.O. Bonds Rated A, Mature 1982/89 Purchaser: First Nat'l Bank of Mpls. 6.41% Other bids: First Nat'l Bank St. Paul 6.42% j M.H. Novick & Co., Inc. 6.47% American Nat'l Bank 6.48% BancNorthwest 6.52% Robert S.C. Peterson 6.74% Feb. 5 - Sherburne County, MN $315,000 G.O. County Jail Bonds Rated A, Mature 1982 Purchaser: Cronin & Marcotte 6.32% Other bids: First Nat'l Mpls. 6.37% First St. Paul 6.48% American Nat'l Bank 6.56% M. H. Novick 6.69% Piper, Jaffray 6.80% • Feb. 6 - Kasson, MN $250,000 G.O. Improvement & $25,000 G.O. Municipal Bldg. Bonds Rate, Baa-i, Mature 1982/92 Purchaser: American Nat'l Bank 6.627% Other bids: First Nat'l St. Paul 6.664% First Nat'l Mpls. 6.852% M.H. Novick 6.938% Feb. 6 - Council Bluffs, Iowa $1,500,000 G.O. Essential Corporate Purpose Bonds Rated Aa, Mature 1982/95 Purchaser: Carleton D. Beh 6.638% Feb. 11 - Elgin, Mid $670,000 G.O. School Building Bonds Rated A, Mature 1983/95 Purchaser: American Nat'l Bank 6.863% Other bids: BancNorthwest 6.897% First Nat'l St. Paul 6.996% Feb. 11 - Inver Grove Heights _MN $575,000 G.O. Improvement, Series H Bonds Rated A, Mature 1984/94 (avg. mat. 7.77 yrs.) Purchaser: American Nat'l Bank 6.830% Other bids: BancNorthwest 6.881% First Nat'l Mpls 6.921% 73V ri.,.... w.1 i c. n..n c 000a February Sale Results, Cont. s• • ( b. 11 - Hayward Community School District, WI $6,450,000 G.O. School Building Rated A, Nature 1982/99 (avg. mat. 13.14 yrs.) Purchaser: Northern Trust Company 7.296% Other bids: Continental Bank 7.430% Feb. 11 - Eagle Bend, MN I.S.D. /790 $360,000 G.O. School Building Bonds No bids received Rated Baa-1 Feb. 13 - Goodhue County, MN $495,000 County Building Bonds Rated A-1, Mature T983/92 Purchaser: First Nat'l Mpls. 6.614% Other bids: BancNorthwest 6.626% American Nat'l Bank 6.716% First Nat'l St. Paul 6.761% Piper, Jaffray 6.804% Dain Bosworth 6.915% Feb. 19 - Dawson, MN Hospital District $285,000 G.O. Hospital Building Bonds No bids received Rated A Feb. 19 - Chisholm, MN $1,630,00D G.O. Nursing Home Revenue Bonds t Rated Baa-1 No bids received . Feb. 19 - Rosemount, MN $230,000 G.O. Improvement Bonds Rated A, Mature 1981/89 (avg. mat. 3.87 yrs.) Purchaser: First Nat'l Bank of St. Paul 6.997% Feb. 20 - Grafton, WI $2,250,000 Corporate Purpose Bonds Rated A, Mature 1982/95 Purchaser: First Wisconsin Nat'l Bank 7.852% Other bids: Continental Bank 7.916% Harris Trust 7.989% Clayton Brown 7.998% Northern Trust 8.023% • Feb. 20 - Merrill, WI $3,805,000 G.O. Promissory Notes Cancelled Feb. 20 - Minneapolis, MN Special School District #1 $28,000,000 Certificates of Indebtedness Postponed Feb. 21 - Morris, MN $490,000 G.O. Municipal Building Bonds No bids received Rated A • February Sale Results, Cont. Feb. 25 - Brandon WI $440,000 Sewer System Mortgage Revenue Bonds Non-rated No bids received • . Feb. 25 - Tracy, MN $295,000 Improvement Bonds No bids received Feb. 25 - Champlin, MN $785,009 G.O. Park Bonds of 1980 �. Postponed �. Feb. 26 - Baxter, MN $320,000 G.O. Temporary Improvement Bonds Non-rated Mature 1982 (avg. mat. 2.0 yrs.) Purchaser: Juran & Moody, Inc. 7.00% Feb. 26 - St. Paul, MN $4,000,000 G.O. Water Pollution and $6,500,000 8.0. Capital Improvement Bonds Postponed ,. pow Jones Bond Index Bond Buyer Index 2/4/B0. 7.76% 2/7/80 7.71% 2/11/80 7.94% 2/14/80 7.75% 2/18/80 . 8.17% 2/21/00 8.46% 2/25/80 8.49% 2/28/80 8.72% • • • 1 12 • A•bill for an act relating to the City of Eden Prairie; authoriz- ing the issuance of certain bonds without regard to interest rate limitations and the levying of special assessments at certain interest rates. • BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: • Section 1. The City of Eden Prairie, in Hennepin County, Minnesota, is authorized to issue and sell, in one or more series, general obligation bonds of the city for any purpose or purposes authorized by law, and in accordance with procedures prescribed by law, 'in an aggregate principal amount not to exceed $ , without regard to any interest rate limitations prescribed in Minnesota Statutes, Chapter 475, or in any other law, and if any of such bonds are to be payable from or secured by special assessments, to levy assessments with respect to projects financed with the proceeds of such bonds with interest on such assessments at a rate or rates not • to exceed the lower of 1 1/2% per annum above the highest coupon rate on such bonds or 12% per annum. All bonds when issued shall be valid and binding general obligations of the city, in accordance with their terms. Section 2. This act is affective on its approval • by a majority of the governing body of the City of Eden Prairie and upon compliance.with Minnesota Statutes, Section 645.021.