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HomeMy WebLinkAboutCity Council - 09/16/1980 EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 16, 1980 7:30 PM, CITY HALL ti COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; f. Finance•Director John Frane; Director.of Community Services Bob Lambert; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL i. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. CONSENT CALENDAR A. Final plat approval for Pheasant Oaks (Resolution No. 80-184) Page 2268 B. Final plat approval for Sunset Trails Estates (Resolution No. 80-185) Page 2271 N C. Set Public Hearing for October 21, 1980 a'nd November 4, 1980 for Cable TV D. Request to set Hearing for Lake Riley Estates Plat for October 21, Page 2273 1980 E. Resolution No. 80-178, appointing Lorena Marks to the Community Page 2274 Development Block Grant Planning Area Advisory Committee F. 2nd Reading of Ordinance No. 80-21. rezoning 2 acres from Rural to Page 2275 1 R1-13.5 for 4 lots for Neill Woods 2nd Addition by The Preserve G. Final plat approval for Neill Woods 2nd Addition (Resolution No. 8C-173) Page 2276 H. Final approval for Municipal Industrial Development Bonds in the Page 2278 amount of $4,000,000.00 for Vikings II, Inc. (Resolution No. 80-179) III. PUBLIC HEARINGS A. Renaminy_pf 8 cul-de-sacs off Bluff's Boulevard (continued from Page 2278A B. 1980 Special Assessments (Resolution No. 80-181, approving 198D Special Page 2279 1 Assessment Rolls) C. Request for Municipal Industrial Development Bonds in the amount of Page 2283 $-,000,000.00 for Minnesota Industrial Tools, Inc. (Resolution No.80-180) • D. Redevelopment Plan proposed by Housing & Redevveelo�ment Authority as Pigs 2295A well as the Eden Prairie Tax Increment Financing Plan and District City Council Agenda - 2 - Tues.,September 16, 1980 4 IV. PAYMENT OF CLAIMS NOS. 3104 - 3309 Page 2296 V. REPORTS OF ADVISORY COMMISSIONS VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Gelco First Addition by Gelco Corporation. Request for PUD Development Page 2311 Stage approval to preliminary plat the 60 acre Gelco PUD into 9 lots and 10 outlots. Located north of Anderson Lakes and South of 1-494 and West of 78th Street (Resolution No. 81-114) - Continued from ,. July 1, 1980 VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Manager 1. 1981 City Budget 2. Purgatory Creek Study - Major Center Area (Don Brauer) Page 2309 D. Report of Director of Community Services 1. Red Rock Park - alternate sites (continued from 8/5/81) Page 2310 2. Hidden Ponds Park security fence costs \l/ Page 2311 3. Railroad right-of-way appraisal Page 2312 • 4. Request from Larry Heinen regarding tax-forfeited land Page 2314 1 5. Resolution No. 81-177, authorizing filing of application for Page 2318 grants to acquire park land under the provisions of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund 6. Award bids for Hidden Ponds and Creekwood Park improvements Page 2321 E. Report of City Engineer 1. Consider bids for street improvements in Hipp's Mitchell Heights Page 2324 4th Addition, I.C. 51-353A (Resolution No. 81-182) 2. Approve specifications for lime sludge removal at water plant and Page 2326 order advertisement for bids 3. Receive feasibility report for storm drainage outlet for Lake Page 2327 Idlewild, I.C. 51-385 (Resolution No. 81-183) 4. Request from Bloomington for Eden Prairie's participation for Page 2328 storm sewer on Riverview Road fi. City Council Agenda - 3 - Tues.,September 16, 1981 F. Report of Finance Director �. Clerk's License List Page 2334 VIII. NEW BUSINESS IX. ADJOURNMENT. CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.R80-184 ' A RESOLUTION APPROVING FINAL PLAT • OF PHEASANT OAKS WHEREAS, the plat of PHEASANT OAKS • has been sub- . mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all-proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and . the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. • • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for PHEASANT OAKS is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated September 10, 1980. ' B. Variance i•s herein granted from City Ordinance No, 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final (11 plat as described in said Engineer's Report. • C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- • trar of Titles for their use as required by MSA 462.358, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy - of this Resolution to the owners and-subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on • • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • CITY OF EDEN PRAIRIE • ENGINEERING REPDRT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager • FROM: Carl Jullie, City Engineer DATE: September 10, 1980 SUBJECT: Pheasant Oaks PROPOSAL: The developer, Butler Homes, is requesting City Council approval of the final plat of Pheasant Oaks, a single family residential plat. The first phase, now submitted consists of 28 residential lots and 5 Outlots. Outlots B and C will be replatted as phasing continues, in conformance with the approved preliminary plat, Outlots A, D and E which contain ponding areas and proposed walkways will be dedicated to the City through Warranty Deeds upon filing of the final plat, The plat is located south of Scenic Heights and Village Woods 2nd Additions, east of Red Rock Hills 3rd Addition and west of Mitchell Rd. HISTORY: The preliminary plat was approved by the City Council on April 18th, 1978 per Resolution No. 78-57. Zoning to RI-13.5 was finally read and approved by the City Council on June 7, 1978 per Ordinance No. 78-17. The Development Agreement referred to within this report was executed on June 28th, 1978. VARIANCES: A variance from the requirements of Ordinance #93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. UTILITIES AND STREETS: The requirements for the installation of municipal utilities, streets and walkways are covered in the Development Agreement. • The developer has consented to the platting and installation of Village Woods Drive to it's connection with the existing roadway in Red Rock Hills 3rd Addition. The street name "Hilltop Circle" as shown on the plat is incorrect and will be changed to "Hiawatha Avenue" prior to release of the final plat. City acceptance of utilities previously installed will be pending final inspections, receipt of test results and a 2 year warranty bond. PARK DEDICATION: Requirements for park dedication are covered in the Development Agreement. -2- A cash contribution at current rates will be required for park dedication on a per lot basis upon issuance of building permits. BONDING: A performance bond or letter of credit in conformance with the Developer's Agreement for all utilities, streets and walkways to be owned and maintained by the City. The cost of improving Village Woods Drive to Red Rockc•Nills 3rd will be included in the bond amount. RECOMMENDATION: Recommend approval of the final plat of Pheasant Oaks • subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of cash deposit for street lighting in the amount of $1,180.00. 2. Receipt of fee for City Engineering in the amount of $840.00. 3. Receipt of Warranty Deeds for Outlots A, D and E. $. Satisfaction Bonding requirements. • 127 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA RESOLUTION NO. RBO-1B5 • A RESOLUTION APPROVING FINAL PLAT • • OF SUNSET TRAILS ESTATES WHEREAS, the plat of Sunset Trails Estates • has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all-proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- .ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: -A. Plat Approval Request for Sunset Trails Estates is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated September 10, 1990. • :.' ' B. Variance is herein granted from City Ordinance No. 93, Sec. D. Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final ( plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this Regis- trar ofsTitlesn in the for their useeasf the requiredibyer MSAf Deed 462.358,d/or S s ubd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on • Wolfgang H. Penzel, Mayor ATTEST: SEAL o n . rave, C er CITY OF EDEN PRAIRIE ENGINEERING REPORT DN FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager e. FROM: Carl Jullie, City Engineer DATE: September 10, 1980 • . SUBJECT: Sunset Trails Estates PROPOSAL: The developer, Countryside Investments, Inc. has requested City Council approval of the final plat of Sunset Trails Estates. This is a single family residential plat of 18 lots located west of Duck Lake Road and north of Sunset Ridge and Valley Knolls Additions in Section 5. Outlot A consists of flood plain area and two areas (approximately 3 acres) of higher ground. The areas.of high ground will be dedicated to the City through Warranty Deeds. These areas will be shown on the plat as Outlots, to simplify conveyance, prior to release of the plat. HISTDRY: The preliminary plat was approved by the City Council on March 18, 1980 ( per Resolution #80-42. Zoning ro RI-13.5 was finally read and approved by the Council on May 6, 198D per Ordinance #80-08. The Developer's Agreement referred to within this report was executed on May 6, 1980. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: The requirements for the installation of utilities and streets are covered in the Developer's Agreement. PARK DEDICATION: The requirements for bonding are covered in the Developer's . Agreement. • RECDMMENDATIDN: Recommend approval of the final plat of Sunset Trails Estates subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of cash deposit for street lighting in the amount of $984. 2. Warranty Deed to be filed with final plat. 2212 McCOMBS-KNUTSON ASSOCIATES, INC. Y ,»))) l) CONSULTING ENGINEERS ■LANO SURVEYORS ■SITE PLANNERS Ripply To: 12800 Industrial Park Boulevard SEP 11. 1980 Plymouth,Minnesnb 56141 18121 21 55 6693700 September 9, 1980 Mr. Roger Ulstad, City Manager City of Eden Prairie 8950 County Road No. 4 Eden Prairie, Minnesota 55343 Subject: Ecklund-Swedlund Proposal LAKE RILEY ESTATES Job #5519 Dear Mr. Ulstad: The above mentioned proposal received approval at the September 8th Planning Commission Meeting. Supportive data was submitted to the City Staff in August. We are seeking Council approval of the Preliminary Plat with variances to permit reduced lot sizes. Please place this item on your next available Council agenda. Thank you. • Sincerely, McCOMES--KNUTSON ASSOCIATES, INC. 40.6. ,l�//I David J. 'Squir� DJS:ch cc: Len Swedlund l Minneapolis• Hutchinson•Alexandria-Granite Falls 3$til if 7 011.1':Ly1.,J11 1,41,4 .07,72 CITY OF EOEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 80-178 RESOLUTION APPOINTING YEAR VII C.D.B.G`. PLANNING AREA CITIZEN ADVISORY COMMISSION MEMBER WHEREAS, the City of Eden Prairie is cooperating with Hennepin County and fourty-one units of local government to constitute an Urban County under the provisions of the Housing and Community Development ' Action of 1974, as amended in 1977, and WHEREAS, the Community Development Program regulations establish requirements for the provision of citizen participation, and • WHEREAS, Urban Hennepin County in response to the program regula- tions is establishing Citizen Advisory Committees, one within each Urban • County Planning Area, and WHEREAS, the Planning Area Citizen Advisory Committee's primary responsibility is to review appropriately Community Development Block Grant Program issues within its member area. BE IT RESOLVED, that the City of Eden Prairie appoints Lorena Marks- to serve as a member on the Planning Area Citizen Advisory Committee ADOPTED_by the City Council on the 16 day of SPptemhar , 1980. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City.Clerk SEAL CITY OF EDEN PRIARIE 1 ( HENNEPIN COUNTY, MINNESOTA ; Ordinance No. 80-21 AN ORDINANCE REELLATINGCEONO ZONING AND AMENDING ORDIN. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DDES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: That part of Outlot R, LAKE EDEN, according to the recorded plat thereof, 1 Hennpein County, Minneosta, described as follows: ) Beginning at the southeasterly corner of said Outlot R; thence South 89 degrees 38 minutes 22 seconds West, assumed bearing along the southerly line of said Outlot R, a distance of 205.54 feet; thence North 0 degrees 47 minutes 27 seconds East a distance of 200.50 feet; thence northeasterly 261.10 feet along e a tangent curve, concave to the southeast, having central angle of 54 degrees 00 minutes 00 seconds and a radius of 277.04 feet; I thence North 54 degrees 47 minutes 27 seconds East, tangent to the last described curve, a distance of 112.86 feet to the easterly line of said Outlot R; thence South 0 degrees 47 minutes 27 seconds West, along said easterly line a distance of 486.84 feet to said point of beginning. shall be and hereby is removed from the Rural District and shall be included hereafter in the R1-13,5 District. Section 2. The above property shall be subject to the terms and conditions of the ordinances, rules and regulations of the City of Eden Prairie relating to the i R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2 day of September , 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. o • gang , Penze - ayor 1 . ATTEST; John D. Frane - City Clerk 2216 Dn01 Icuc11 ;.. ♦Ln c.lnn or•n irin IJo...e nn Om Any of 1980. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA t • RESOLUTION NO.R80-173 • OFRESNeiIl l OWoAPPROVING dsP 2n dI Addition PLAT WHEREAS, the plat of Neill Woods 2nd Addition. has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all•proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- • ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Neill Woods 2nd Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated August 26, 1980 ' B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month thaximum time elapse between the approval date of the preliminary plat and filing of the final ( plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- . trar of Titles for their use as required by MSA 462.358, Subd. 3. D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on • 9 • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frame, Clerk i 4 , ( CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT • t TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager ` FROM: Carl Jullie, City Engineer . aj DATE: August 26, 1980 SUBJECT: Neill Woods 2nd Addition PROPOSAL: The developer, the Preserve, is requesting final plat approval of Neill Woods 2nd Addition. This is a single family residential plat (RI-13.5) consisting of four lots and Preserve Boulevard R/W located s southwesterly of and adjacent to Preserve Center 2nd Addition and northerly of and adjacent to Neill Woods Additon. This plat was originally part of the Lake Heights Addition prop, T l. HISTORY: The preliminary plat was approved by the City Council on February 6, 1979 as part of the Lake Heights Addition proposal, per Resolution #79-26. ( Zoning to RI-13.5 is scheduled for a second reading before the City Council on September 16, 1980. The Developer's Agreement referred to within this report is scheduled • for execution on September 16, 1980. VARIANCES: A variance from the requirements of Ordinance #93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the approval ; • date of the preliminary plat and filing of the final plat will be necessary. r • UTILITIES AND STREETS: The requirements for the installation of utilities v and streets are covered in the Developer's Agreement. i t PARK DEDICATION: The requirements for park dedication are covered in the • Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Neill Woods 2nd Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of cash deposit for street lighting in the amount of $196.80. s 2. Receipt of fee for City Engineering in the amount of 5120. 221111. C TO: Mayor and Council FROM: John D. Frane DATE: September 12, 1980 RE: Final approval of M.I.D.B.'S for Vikings II - $4,000,000 This request for final approval will conclude the revenue bond transaction for the Vikings II Project. Resolution #80-179 has not been included in your packet because of its length. It will be in the Mayor's signature file on Tuesday September 16th. 22� • • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: Street Name Changes Bluffs Blvd.-Homeward Hills Rd. • On Friday afternoon, 9/11, Mr. Wally James, resident and spokesman for the Bluffs West neighborhood, deliverd a list of street names proposed by the residents for eight of the cul-de-sacs off Homeward Hills Road (Bluffs Blvd.) in the Bluffs West subdivision. Two of the proposed named (Hawthorne Court and Windswept) are unacceptable because they are the same as, or similar to, existing street names. We will be checking with the Post Office Department for verification of the other six names. There is one additional cul-de-sac in the area which is platted but all the abutting lots are now vacant. At this time we have 100% petitions covering only two of the cul-de—sacs. Mr. James said he would try to secure the remaining petitions over the weekend and deliver same to us on Monday. We will be prepared to further report to the Council on Tuesday evening. i CJJ:kh • 0 Sept. 16, 1980 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. R80-181 RESOLUTION APPROVING 1980 SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given at.required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements, to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such proposed assessments are hereby accepted and shall con- stitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improve- ment in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install- ments extending over a period of years as shown on Exhibit A, the first of the installments to be payable on or before the first Monday in January, I980. Subsequent installments shall bear interest at the rate of 6.86 percent per annum. No interest shall be charged if the entire assessment is paid on or before November 15, 1980. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the propert tax lists of the Councy, and such assessments shall be collected and paid over in the same manner as other muncicpal taxes. 4. The assessment data of Resolution No. R80-153 is herein revised in accordance with Exhibit A attached hereto. ADOPTED by the Eden Prairie City Council on • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • RESOLUTION NO. R80- 181 EXHIBIT A 1. I.C. 51-322 Utilities & street Project Cost $1,073,496 improvements in High Trunk Assessments •,• 37,664 Trails, Valley Knolls 2nd, Total. $1,111,160 Sunset Trails and abutting City share for trunk costs 28,364 Duck Lake Road north of and sidewalk past City park Duck Lake Trail Net Assessment $1,082,796• $1,724/lot L21, 22, 23 & 24, B4 High Trails Estates (4 lots) $11,731/lot High Trails Est., remaining lots to be assessed (74) $11,305/lot Valley Knolls 2nd Add.. (10 lots) $10,808/lot Tract B, RLS 11 (1 lot) $5,835/lot 5-116-22 32 0001 A T.B.A at time of conn. (1 lot $10,808/lot 5-116-22 32 0001 B T.B.A. at time of conn. 1 lot) 5 years at 8.5% 2. I.C. 51-342 Streets and utility Project Cost $254,647 improvements in Mitchell Lake-Estates N13,402/ac. Mitchell Lake Estates 5 years at 8.5% 3. I.C. 51-344 Utility and street • Project Cost $975,152 improvements in Shady Oak Industrial Park 1, 2, $15,914/ac. Shady Oak Ind. Park 1st, 2nd, 3, 4 & 5 3rd, 4th and 5th Add. (100.71 ac.) 17 years at 8.5% 136 R80 • - Exhibit A (cont'd.) ( 4. I.C. 51-351 & 51-351A Utility and street improvements Project Cost $975,152 in Round Lake Estates 2nd Add. Trunk Assessment 71,840 $1,046,992 City share for trunk costs and lateral costs to others 320,809 Net assessment for Round Lake $726,183 Estates 2nd Add. ,' 10.5 5/lot Round Lake Estates 2nd (69 lots) • ( $3,81ot L10, B4 Heritage Park 1st (1 lot) $4,450/lot L11 & 12, B4 " " " (2 lots) (51-351A assessed in 1979) 5 years at 8.5% • • r 5. I.C. 51-353 Streets and utilities in Project Cost $212,854 Hipps Mitchell Heights 4th $3,801/lot Hipps Mitchell Heights 4th (56 lots) 5 years at 8.5% 6. I.C. 51-355 Streets and utilities in Project Cost $636,846 Cardinal Creek Addition $11,372/lot Cardinal Cryek 1st (56 5 years at 8.5% 7. I.C. 51-259 Deferred assessments now due This project was assessed in for Neill Lake Storm Sewer 1975. Single family homesteaded District parcels (24) were deferred for 5 years without interest ($36,059)/ These assessments will now be certified for collection. 17 years at 8.0% (original interest rate) 227I 1 o-„ R80- Exhibit A (cont'd.) 1. q $34,124 17 years at 8.5% 1 8. Supplemental Trunks 11,955 17 years at 8.0% a 9. Supplemental laterals $6,693 17 years at 8.5% $3,521 17 years at 8.0X 10. ' Tree removal -- • " - 4-]16-22 31 0026 •$•216._ :- .4-]16-22 44 0009 $' 80.. ' 26-116-22 22 0055 : 126 9-1]6-22 12 0002 .$ 110. 4-116-22 44 0006 $ '40• 2b-116-22 22 0025 10-116-22 31 0003 ;$- 4-]1f,-22 43 0088.$ 45.. 1 25-116-22 21 0040 $46 •'8-116-22 11 0060 $ 75. 4-116-22 43 0111 $ 640. P` 25-116-22 21 0033 $56 • 3-116-22 24 0001 $ 625. 4-116-22 43-0069 $ 210. 25-116-22 12 0076 $46 25-116-22 13 0048 $ 174' •- • 4-116-22 34 0049$ 294. 24-116-22 43 0014 $56 25-116-22 13 0014 $ 76. 4-116-22 34 0050$ 110. • 24-116-22-43-0018 24-116-22 24 0101 $800 23-116-22 22 001.1 $ 392. 4_116-22 34 0051 $ 67. g422 23-116-22 22-0012 $ 10.: 4-116-22 34 0055$ 337. 14-116-22 32 0002• ,$374 • 23-116-22 23 0003 $ 976. 4-116-22 43 0113$ 545. 14-116-22 14 0001 $436 23-116-22 23 0001 $ 425. 4-116-22 43 0114$ 435. _14-116-22 14 0016. $246 25-116-22 12 0017 $ 1337. 4_116-22 43 0115$•280. • 5-116-22 13 0001 $346 25-116-22p222 14q33 00041 $ 37. 4-116-22 43 0116$ 237. c-116-22 41 0002 11,125 14y-1l6-22 24 8881 $ 200. 4-116-22 34 0064$ 63. 4-116-22 21 0030 45. [5-116-22 41 0065 4;76 12-116-22 22 0003 $2714. 9_116-22 21 0037$ 284. 9-116-22 34 0029 $116 4-116-22 43 0102• $ 45. 4-116-22 34 0069$ 130.. 9-116-22 31 0042 $116 4-116-22 43 0101 $ 475: 4-116-22 42 0003$2295. 9-116-22 31 0052 $116. 4-116-22 43 0103 $ 94. •230. 4-116-22 .42 0001$ _ 9-116-22 34 0016 $116. 4-116-22 43 0104 $ .25. 4-116-22 41 0005$ 47. 9-116-22 34 0026 • $346. 4-116-22 43 0072 $ 55. 4-116-22 41 0014$ 40. 9-116-22 34 0027. $146. 4-116-22 43 0076 $ 20. 4-116-22 42 0004$ 70.'. ' 9-116-22 21 0018 $48. 4-116-22 43'0080 $ 144. 4-116-22 41 0006$ 470. 9-116-22 12 0027 $216. • 4-116-22 44 0009 $ 100 1 year at 8.5% - 11. SAC Charges $1,050 2 years at 8.5% 12. T.H. 169 $34,025 17 years at 8.0% , 13. Ring Road $210.75 17 years at 8.5% Ring Road $208.25 17 years at 8.0% 14. Ring Rd. STM $1,644 17 years at 8.0% 15. Singletree STM $1,360 17 years at 8.0% . 16. Re-assessment of Dell Rd. $200,000 �ya vs at 8.5% project, 1.C. 51-326 2 282' R80- Exhibit A (cont'd.) • 8. Supplemental Trunks $34,124 17 ears at 8.5% 11,955 17 years at 8.0% 9. Supplemental laterals $6,693 17 years at 8.5% $3,521 17 years at 8.0% 10.' Tree removal • ..• -- • - - 4-116-22 31 0026• 4-216. :_ 'q_116-22 44 0008 $'-80.. 26-116-22 22 0055 ;$126 9-116-22 12 0002 ..$ 110. • 26=116-22 22 0025 $46 10-116-22 31 0003 c 4_}}6-22 44 0006 $ 40.�$ 846. 4_11E-22 43 0088.$ 45._ 25-116-22 21 0040 $46 ''8-116-22 11 0060 $ 75• • 4-116-22 43 0111 •$ 640. 25-116-22 21 0033 $56 • 3-116-22 214 0001 $ 625. 4_116-22 43-0069 $ 210. 25-116-22 12 0076 $46 .25-116-22 13 0048 $ 174. • 4-116-22 34 0049 $ 294. 24_116-22 43 0014 $56 25_116-22 13 0014 $ 76. 4-116-22 34 0050$ 110. • 24-116-22-43-0018 $8 0 23-116-22 22 001.1 $ 392. 4-116-22 34 0051 $ 67. 24-116-22 24 0101 .$374 • $422 23-116-22 22.0012 $ 10.: 4-116-22 34 0055E 337. 1 14-116-22 32 0002• • 23-116-22 23 0003 $ 976. 4-116-22 43 0113$ 545. 14-116-22 14 0001 23-116-22 23 0001 $ 425• $436 4-116-22 43 0114$ 435. 14-116-22114 0016. $246 25-116-22 12 0017 $ 837• 4-116-22 43 0115$•280. • • 5-116-22 13 0001 $346 25-116-22 13 00014 $ 837. 4-116-22 43 0116$ 237. c-116-22 41 0002 $1,125 15_11 _�2 SSSI $ 200.• 4-116-22 21 0039$ 45. -[5-116-22 41 0065 $1;,736 12-116-22 22 0003 $2714. g-116-22 21 0037$ 284. '9-116-22 34 0029 $116 4-116-22 43 0102• $ 45. 4-116-22 34 0069$ 130.. 9-116-22 31 0042 $116 4-116-22 43 0101 $ 475: 4-116-22 42 0003$2295. 9-116-22 31 0052 $116. •4-116-22 43 0103 $ L94• 2230. 4-116-22.42 0001$ _ 9-116-22 34 0016 $116. 4-116-22 43 0104 $ .25. 4-116-22 41 0001$ 47. 9-116-22 34 0026 • $346. 4-116-22 43 0072 $ 55. 4-116-22 41 0014$ 40. 9-116-22 34 0027. $146. 4-116-22 43 0076 $ 20. 4-116-22 42 0004$ 70... , • 9-116-22 21 0018 $48. 4-116-22 43'0080 $ 144. 4-116-22 41 0006$ 470. 00 9-116-22 12 0027 $216. • 4-116-22 44 OOOQ $ 1. 1 year at 8.5% 11. SAC Charges $1,050 2 years at 8.5% . 1 12. T.H. 169 $34,025 17 years at 8.0% , 13. Ring Road $210.75 17 years at 8.5% Ring Road $208.25 17 years at 8.0% 14. Ring Rd. STM $1,644 17 years at 8.0% 15. Singletree STM $1,360 17 years at 8.0% 16. Re-assessment of Oell Rd. $200,000 /•gears at 8.5% • project, I.C. 51-326 • 2 282• l TO: Mayor and Council FROM: John D. Frane DATE: September 12, 1980 RE: M.I.D.B'S Minnesota Industrial Tools Project - $1,000,000 Richard Cohen and Gerald Portnoy propose to construct a 43,000 square foot office warehouse building on part of the "Helle" property at a cost of $1,288,000. The building would be 60% leased to Minnesota Industrial Tools, Inc. which is owned by the Cohen Family. The property is zoned I-2 which is proper for the intended use. Resolution #80-180 is attached for your consideration. 2.2713 • (• f CITY OF EDEN PRAIRIE, MINNESOTA { Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - Messrs. Richard W. Cohen and Gerald A. Portnoy b. Business Address - c/o Minnesota Industrial Tools, Inc. • 15755 - 32nd Avenue North Plymouth, Minnesota 55447 c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Partnership to be organized. d. State of Incorporation or organization - Minnesota. • e. Authorized Representative - Mr. Richard W. Cohen - 553-3250 or f. Phone - Mr. Gerald A. Portnoy - 332-3413 • 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: • a. Mr. Richard W. Cohen Minnesota Industrial Tools, Inc. 15755 - 32nd Avenue North Plymouth, Minnesota 55447 b. • Mr. Gerald A. Portnoy G S B Investments, Inc. 1924 Midwest Plaza Building c. Minneapolis, Minnesota 55402 • -1- 201 • o • �. 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL �- PRODUCTS, ETC: A partnership consisting of Messrs. Cohen and Portnoy will be organized to own and operate the Project. Approximately 60% of the Project will be leased to Minnesota Industrial Tools, Inc., a corporation controlled by Mr. Cohen, with the balance of the space,approximately 17,000 square feet in size, to be leased to unrelated tenants until such space is needed by Minnesota Industrial Tools, Inc. • 3' 4. DESCRIPTION OF PROJECT - A 43,400 square foot combination office- warehouse building. a. Location and intended'use: West 74th Street off of Washington Avenue South. Legally described as the East 250 feet of Lot 1, . • Block 1, Norseman Industrial Park 3rd Addition. b. Present ownership of project site: Herleiu and Borghild Belle c. Names and address of architect, engineer, and general contractor: R. J. Ryan Construction, Inc. One Apple Tree Square Suite 1141 Bloomington, Minnesota 55420 Telephone - 612-854-2310 • • 5. ESTIMATED PROJECT COST FOR: Land 3.4 acres $ 275.000 Building 43,300 square feet $ 924.500 Equipment $ -O- Other financing fees, $ 88,750 • construction period interest, it legal fees and other soft • costs Total $, 1`28 .,250 4 � -2- . zZ�SS i ' f 6. BOND ISSUE - 1 R. Amount of proposed bond issue - $1,000,000 b. Proposed date of sale of bond - October, 1980 c. Length of bond issue and proposed maturities - 30 years d. Proposed original purchaser of bonds - The bond will be placed by Northland Mortgage Company with an institutional mortgage lender yet to be determined. e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - Financing commitment cannot be obtained until passage of preliminary resolution. g. Describe any interim financing sought or available - Interim construction financing to be provided by ! institutional lender yet to be determined. h. Describe nature and amount of any permanent financing in addition to bond financing - All project costs in excess of bond financing to be provided by Applicant in form of cash equity contribution. ?.. BUSINESS PROFILE OF APPLICANT. j a. Are you located in the City of Eden Prairie? No •b. Number of employees in Eden Prairie? i. Before this project: None • -3- J • • ii. After this project? Minnesota Industrial Tools, Inc. presently employs in excess of 50 persons. It is anticipated that the other tenants of the Project, yet unidentified, will employ an additional 25 persons. c. Approximate annual sales - 1980 annual sales for Minnesota Industrial Tools, Inc. is estimated to be $12,000,000. d. Length of time in business Minnesota Industrial Tools, Inc. has been in business for 33 years. in Eden Prairie None e. Do you have plants in other locations? If so, where? • Yes. Omaha, Nebraska, and Cedar Rapids, Iowa. f. Are you engaged in international trade? No. • • 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. None. • • I • • -4- • .27 b. List all cities in which the Applicant has requested ( industrial revenue development financing. None. • • st the cant before a. Detanyail otherecitytus forof any industrialedevelopmenti has revenue financing. None. • d. List any city in which the Applicant has been refused industrial development revenue financing. • None. • e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None. • • ,2221 _5_ • f. If Applicant has been denied industrial development revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. None. • 9. NAMES AND ADDRESS OF: Mortgage Broker: a. ttee=4 3c Northland Mortgage Company 6600 France Avenue South Minneapolis, Minnesota 55435 b. Private Placement Purchaser (If private placement) Institutional mortgage lender yet to be determined. • i. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. .• I • • • • • -6 • - 9 • ' b. Bond Counsel - Marvin C. Ingber and Mackall, Crounse & Moore 1000 First National Bank Building Minneapolis, Minnesota 55402 c. Corporate Counsel - Stanley V. Schanedling and Stacker, Ravich & Simon 1500 Midwest Plaza Minneapolis, Minnesota .55402 d. Accountant - Harold Gillman and Rlane, Gillman & Schechter 3033 Excelsior Boulevard Minneapolis, Minnesota 55416 • 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - September 22, 1980 b. Construction completion - January 15, 1981 • • FOR FURTHER INFORMATION CONTACT: The undersigned Applicant.understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or applicablece of to thehe City propertyf Eden includedainithisr any project. law PA44t41-6V-64—' Applicant • • / isetd5 40 Applicant August 27, 1980 • • Date -7- 22 f . 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT a. Property is zoned - b. Present zoning ( (is not) correct for the intended use. c. Zoning application received on for which is correct for the intended use. d. Variances required - • City Plan • • • -8- 22A 1i • RESOLUTION NO. jO '/d 0 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING SUBMISSION OF AN APPLICATION TO THE MINNESOTA COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING • EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS IN CONNECTION WITH THE PROJECT . BE IT RESOLVED by the City Council (this "Council") of the City of Eden Prairie, Minnesota (the "City"), as follows: • SECTION 1 Recitals and Findings 1.1 This Council called a public hearing on a proposal pre- sented to it that the City undertake a project pursuant to the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the "Act") consisting of the acquisition of approxi- mately 3.34 acres of land in the City, the construction of a 43,300 square foot combination office-warehouse building thereon and the { purchase of equipment therefor (the "Project"). Under the proposal, a partnership to be formed under the laws of the State of Minnesota and consisting of Messrs. Richard W. Cohen and Gerald A. Portnoy (the "Partnership") will enter into a loan agreement (the "Loan • Agreement") with the City whereby the City agrees to issue and sell • its $1,000,000 Industrial Development Revenue Bond in the form of a single debt instrument (the "Bond") to partially finance the Project and to loan the proceeds of such sale to the Partnership which agrees to construct the Project. The Loan Agreement will require the Partnership to pay amounts sufficient to pay the . principal of and interest on the Bond. The Bond will be issued and sold to an institutional investor, as a tax exempt mortgage financing, and will be secured by a mortgage and other encumbrances on the Project. The Partnership will retain title to and ownership of the Project and will lease the Project to Minnesota Industrial Tools, Inc., a Minnesota corporation controlled by Mr. Richard W. Cohen, under lease terms sufficient to provide for the payment of principal • of and interest on the Bond. The interest of the Partnership in the lease and the interest of the City in the Loan Agreement will be assigned to the holder of the Bond as additional security for the Bond. The Bond will be issued and sold in accordance with the Act and will provide that the Bond is payable solely from amounts received by the City pursuant to the Loan Agreement and other property pledged to its payment. The Bond will not be a general obligation of the City or be payable from any other property or funds of the City. -2- 2202 1.2 At a public hearing, duly called, noticed and held on September 16, 1980, in accordance with the Act, all parties desiring to appear were afforded an opportunity to be heard. Based on such public hearing and on such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The purpose of the Act as found and determined by the state legislature is to promote the welfare of the state by the active attraction, encouragement and development of economically sound industry and commerce to prevent so far as possible-the emergence of blighted and marginal lands and areas of chronic unemployment. Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas, the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population. (b) The welfare of the residents of the state requires the active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts; the encouragement of employment opportunities for citizens of the state and the City; and the development of industry to use available resources of the City, in order to retain the benefit of its exist- ing investment in educational and public service facilities. (c) The Project would further the foregoing purposes of the Act as contemplated by and described in Section 474.01 of the Act. (d) The City is authorized by the Act to issue its industrial development revenue bonds to finance capital projects consisting of properties used or useful in connection with a revenue producing enterprise, such as that of the Project. (e) This Council has been advised by Northland Mortgage Company, agent for the Partnership (the "Agent") that conventional, commercial financing to partially finance the cost of the.Project is available on such a limited basis and at such high interest rates that the economic feasibility of operating the Project would be significantly reduced. However, with the aid of a municipal borrower, and its resulting lower borrowing cost, the economic feasibility of the Project would be substantially increased and that the issuance of the Bond by the City would be a significant inducement to the Partnership to construct the Project in the City. - i 276A -3- (f) Tne existence of the Project would add to the tax base of the City and of the county and school district in wnich the Project is located and would provide increased employment opportu- nities for residences of the City and the surrounding area. SECTION 2 Preliminary Approval of•Project 2.1 On the basis of information provided to_rbjs Council, it appears that it would be in the'best interest of the City to issue the Bond in accordance with the Act, in an amount not to exceed $1,000,000, in order to partially finance the cost of the Project. 2.2 The Project is hereby given preliminary approval and the issuance of the Bond by the City in the foregoing amount is also hereby approved, subject to approval of the Project by the Commission- er of Securities, Minnesota Department of Commerce (the "Commissioner"); the fulfillment of such other conditions as the City may require with respect to the issuance of the Bond in connection with the Project; and the mutual agreement of this Council, the Partnership and the purchaser of the Bond as to the structuring of the financing and as to the terms and conditions of any of the documents required for the transaction. 2.3 Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any funds of the .City on the Project other than the revenues derived therefrom or otherwise granted to the City for this purpose. The Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City, except the Project and the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Bond shall have the right to compel any exercise of the taxing power of the City to pay the outstanding principal of or interest on the Bond, or to enforce payment thereof against any property of the City except the Project. The Bond shall recite on its face that the principal of- and interest on the Bond is payable solely from the revenue and proceeds pledged to the payment thereof. The Bond shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 2.4 The forms of Memorandum of Agreement between the City and the Partnership and the Application for Approval of Municipal Industrial Revenue Bond Project by the City to the Commissioner, together with all attachments and exhibits thereto, substantially in the forms presented herewitn, are hereby approved, and the Mayor and City Manager are authorized to execute said documents on behalf of the City and, in accordance with Section 474.01, Subdivision 7a of the Act, are hereby authorized and directed to cause said 2294 -4- !, �. Application to be submitted to the Commissioner for approval of the Project. The Mayor, City Manager, City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose. 2.5 Mackall, Crounse & Moore, acting as bond counsel, is authorized to assist in the preparation and review of all documents relating to the Project; to consult with the City Attorney, the Partnership and the purchaser of the Bond as to the maturity, interest rate and other terms and provisions of the Bond and as to the covenants and other provisions of the operative documents; and to submit such documents to this Council for final approval. SECTION 3 • • General 3.1 The proponents of the Project have agreed to pay or cause the Partnership to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner; whether or not the Project is carried to completion; and whether or not the Bond or operative instruments are executed. 3.2 The proponents of the Project, on behalf of the Partner- ship, are hereby authorized to enter into such contracts as may be necessary for the construction of the Project by any means available .. to it and in the manner it determines without advertisement for bids as may be required for the construction or acquisition of other municipal facilities. 3.3 The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue and sell the Bond as requested by the Partnership. The City retains the right in its sole discretion to withdraw from participation, and accordingly not issue the Bond, should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bond or should the parties to the transaction be unable to reach agreement as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transaction. , Adopted by the City Council of the City of Eden Prairie, Minnesota, the 16th day of September, 1980. ' d Mayor Attest: • City Clerk • 2.2°K-5- TO: Mayor and Council FROM: John D. Frane DATE: September 12, 1980 RE: The Effect of Tax Increment Financing on School Districts. - .. School revenues are derived in two ways: State Aids and Local taxes. The State Aid portion is the "levy limit" for school districts. A district is allowed so many dollars per pupil for the cost of education. The money comes from a fixed, by State Law which is the same for every district, mill levy and State Aids by this formula; Per pupil cost less mill levy dollars equals State Aid. Local taxes may also be used for other items in a schools budget: Bonds and interest, capital expenditure and the up to six mill allowed by local referrendun. The use of tax increment financing has no effect on the per pupil portion of a districts revenues. The State contributes the difference between the taxes collected and the amount allowed per pupil. The use of tax increment financing on bonds, interest, capital expenditure, etc., has no effect on the dollars the district will receive; it effects the mill rate of the district. Dollars levied divided by assessed valuation equals the mill rate. It can effect either the total dollars collectable under the six mill provision, should a district choose to levy the total six mills; or the mill rate itself if a district chose to levy a number of dollars which would have caused a mill rate of less than six mills had the City not instituted a tax increment financing district. 2296 • • September 16, 1980 STATE OF MINNESOTA a( ' OF EOEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 3012 VOIO OUT CHECK $ (1,821.92 3104 HOPKINS POSTMASTER Postage 531.13 3105 OAVIO KEISKE Teen Center Band 250.00 3106 INTERCONTINENTAL PACKAGING CO. Wine 344.38 3107 PAUSTIS.& SONS Wine 296.8C 3108 JOHNSON BROTHERS WHOLESALE Liquor 1,435.88 3109. • BUTCH'S BAR SUPPLY Supplies-Liquor store _ 188.15 3110 ED PHILLIPS & SONS Liquor 1,617.82 3111 OLO PEORIA COMPANY, INC. Liquor 1,983.92 3112 GRIGGS, COOPER & CO., INC. Liquor 1,488.12 3113 MINNESOTA OISTILLERS, INC. Liquor 1,196.97' 3114 MINNESOTA WINE MERCHANTS Wine 176.95 3115 FEOERAL RESERVE BANK Payroll 12,287.41` 3116 COMMISSIONER OF REVENUE Payroll 14,409.8E 3117 AETNA LIFE INSURANCE Payroll 1,038.00 3118 P E R A Payroll 9,030.511 3119 STATE TREASURER, SOCIAL SECURITY Payroll 19,292.2 3120 UNITED WAY OF MINNEAPOLIS Payroll 29.5C 3121 CHANHASSEN TIRE & AUTO U-Haul rental-Park dept 40.00 219.2 PRAIRIE VILLAGE MALL ASSOCIATES Rent-Liquor store 2,114.5E L _3 HENNEPIN COUNTY CHIEFS OF POLICE Conference-Police dept 150.0C 3124 VOIO OUT CHECK 3125 SOUTH ST. PAUL FEED Posts-Park dept 2,416.52 3126 MIOWEST WINE CO. Wine 617.97 3127 MINNESOTA DISTILLERS, INC. Liquor 1,257.8z 3128 JOHNSON WINE CO. Wine 589.4E 3129 EO. PHILLIPS & SONS CO. Liquor 660.92 3130 GRIGGS, COOPER & CO., INC. Liquor 654.8E 3131 HENNEPIN COUNTY Packer-Street dept 2,075.0( 3132 CHARLIE'S EXCEPTIONALE Meeting expense 39.00 3133 PETTY CASH Expenses 68•22 3134 BEER WHOLESALERS INC. Beer 4,003.5C 3135 COCA-COLA BOTTLING MIOWEST Mixes 426.4C 3136 OAY DISTRIBUTING .CO. Beer 2,475.7C 3137 EAST SIDE BEVERAGE CO. Beer 4,692.3; 3138 GOLD MEDAL BEVERAGE CO. Mixes 183.5( 3139 LEDING DISTRIBUTING Beer 3,637.0( 3140 PEPSI/7-UP BOTTLING CO. Mixes 462.9( 3141 ROUILLARD BEVERAGE CO., INC. Beer 1,081.B( 3142 THORPE DISTRIBUTING CO. Beer 5,537.21 3143 ACRO-MINNESOTA, ItnC. Office supplies 84.9' 3144 ALL STEEL SOCCER GOALS, INC. Soccer goals-Park dept 3,598.0( 3145 AMERICAN NATIONAL BANK & TRUST CO. Interest payment 234.7., 3146 AMERICAN WATER WORKS ASSOCIATION 800ks-Water dept 127.0(1 ('47 EARL F. ANDERSEN & ASSOCIATES, INC. Warning signs 83.611 ,,148 ARTEKA, INC. Refund-Utility bill 215.3:I 3149 AWARDS, INC. Supplies-Park dept 303.31 3150 BRAUN ENGINEERING TESTING Service-Shady Oak Phase II, Cardinal Creek, 532.01 Duck Lake Vista, Chatham Woods 3151 BROWN & CRIS, INC. Duck Lake Vista & Hiawatha Avenue 56,804.41 22g4 1 ay' e two September 16, 1980 3152 BROWN & CRIS, INC. Valley View Road (Phase I) $ 163,043.40, 3153 BROWN & CRIS, INC. High Trails Estates Utilities 38,137.99' 3154 BROWN PHOTO Film-Park dept & Police dept 23.16, 3155 BRYAN ROCK PRODUCTS, INC. Rock-Bikeway 6,071.07 3156 MARY BETH BUCKMAN Happenings July/August 1980 2766.45 25 3157 BUREAU OF BUSINESS PRACTICE Subscription-Water dept 315E BURG & TJEPKES Signal Installation (TH 169 @ Vo-Tech &CSAH)1,741.25 3159 STEVE CALHOON Mileage 29.22, 3160>-; CASE POWER& EQUIPMENT •-- - Equipment rentali. - 1,200.0C. . 3161 CITY OF EDINA Tests T59.00' 3162 CHANHASSEN AUTO PARTS Equipment repair & parts 507.82; 3163 CHEMLAWN Lawn application-Water & Public Works dept 193.0C1 3164 CLASSES UNLIMITED Aerobic dance classes-Rec dept 144.00I 3165 CLUTCH & U-JOINT BURNSVILLE, INC. Fittings-Park dept 5.24 3166 LEIGH A. COMBS Mileage 5.17' 3167 CONTINENTAL SAFETY EQUIPMENT, INC. Repaired air mask-Fire dept 7.401 3168 CURTIN MATHESON SCIENTIFIC, INC. Chlorine crystals-Water dept 53.14 3169 CUTLER-MAGNER COMPANY Quicklime-Water dept 3,040.6'3 3170 WARD F. OAHLBERG Mileage 18.24 3171 DAVIES WATER EQUIPMENT CO. Meters-Water dept 5,385.4E 3172 DORHOLT PRINTING Office supplies 240.42 73 EDEN PRAIRIE NEWS Legal ads 787.9C (.. /4 EDEN PRAIRIE SANITATION CO Service 70.5C 3175 PAUL EDWARDSON Community Band-Rec dept 3176 ELECTRIC SERVICE CO. Inspect sirens 396.0: 3177• ERNST HOUSE MOVERS Refund-Building dept 8B0.Oi 3178 W.J. EBERTZ Bryant Lake Project 1,761.9 3179 ESS BROTHERS & SONS INC. Supplies-Park dept 263.0C 31B0 FAIRVIEW COMMUNITY HOSPITALS Test 25.0: 3181 FEED-RITE CONTROLS, INC. Sulfate-Water dept 1,283.4; 31B2 FIRE CHIEF Subscription-Fire dept 15.0(" 3183 FIRE ENGINEERING Subscription-Fire dept 12.0( 3184 FLYING CLOUD OIL CO. Diesel fuel 2,784.00 3185 FREEWAY FORKLIFT, INC. Forklift-Water dept 2,850.0(. 3186 FRONTIER LUMBER & HARDWARE Lumber-Park dept 6.8: 3187 VOID OUT CHECK 3188 GOPHER SIGN CO. Water system identification 348.2'• . 31B9 DALE GREEN CO. 81ack dirt 144.01' 3190 GROSS INDUSTRIAL SERVICES Service 58.7'1 3191 SHEILA HALEY Wages-Teen Work program 26.9I 3192 RICK HAUPT Wages-Teen Work program 18.91; 3193 HENNEPIN TECHNICAL CENTERS Tutition-Fire dept 50.01 3194 HONEYWELL INC. COMMERCIAL Repair air compressor-Water dept 3,192.2y 1 3195 HOPKINS DODGE SALES, INC. Equipment repair & parts 218.3 3196 HOPKINS PARTS CO. Parts-Street dept 13.41 3197 INGRAM EXCAVATING Hauling Rock-Bikeway 7,98B.O1 9B J & R RADIATOR CORP Equipment repair & parts 21.0 s199 KARULF HARDWARE, INC. Stapler, sprayer, metal primer-Street dept 626.8 bolts, axe, tub spout, spray cleaner, sand mix, lock-Park dept, D-Con, paint, wire, nails, twine Community service, lights, valve, ladder-Liquor • Store, motor, rollers, paint brushes, hooks, tape, la ch, battery, clamp lamps, screwdriver-Water dept 72A' • PaCi,: three September 16, 1960 3200 MARY M. KENNY Mileage S 68.76 3201 KRAEMER'S HOME CENTER Spikes-Park dept, corks-Street dept, drill 96.36 bit-Water dept 3202 ROBERT A. LAMBERT Expenses 217.00 3203 LANG, PAULY & GREGERSON, LTD Legal service 6,329.B3 3204 LAYNE MINNESOTA COMPANY Equipment repair & parts-Water dept 163.01 3205 LEEF BROTHERS INC. Service 141.56 3206.,.•LOGIS Service 2,000.00 3207- LONG LAKE'FORD TRACTOR" Box scraper-Park/dept 25.74 3208 MACQUEEN EQUIPMENT, INC. Gutter broom-Street dept 197.46 3209 MEDICAL OXYGEN & EQUIPMENT CO. Oxygen-Fire dept 23.67 3210 METROPOLITAN CLINIC OF COUNSELING Service 261.00 3211 METROPOLITAN SPORTS FACILITIES Bus Parking-Rec dept 10.00 3212 METROPOLITAN WASTE CONTROL Sewer service 21,592.74 3213 MEYER BROS. DAIRY, INC. Milk-Day Camp 29.70 3214 MIDWEST ASPHALT CORPORATION Blacktop-Bikeway & Street dept 16,723.64 3215-- MIKE'S GLENROSE FLORAL Flowers-City Hall 20.70 3216 MINNEAPOLIS STAR & TRIBUNE CO. Employment ads-Police dept 113.28 3217 MINN ASSOC. OF ASSESSING OFFICERS Conference-Assessing dept 240.00 3218 MINNESOTA FIRE INC. Air tanks-Fire dept 186.00 3219 MINNESOTA GAS COMPANY Service 39.67 33 MODERN TIRE COMPANY Equipment repair & parts 98.38 " 221 MURPHY PLUMBING & HEATING Repair & parts-Water dept 73.90 3222 NODLAND ASSOCIATES, INC. Chatham Wood addition 31,669.79 3223 NORTHERN STATES POWER COMPANY Service 4,291.69 3224 NORTHWESTERN BELL Service 2,254.09 3225 NORTHWESTERN NATIONAL BANK OF MPLS Bond payment 172,853.3E 3226 PEPSI/7-UP BOTTLING CO. Pop-Rec dept 11.00 3227 PIONEER CLUB Label Happenings 25.OG 3228 PRAIRIE LAWN & GARDEN Partc-Park dept 16.9C 3229 PRAIRIE VILLAGE MALL Sandwiches-Election judges 150.41 3230 RIEKE-CARROLL-MULLER ASSOC. Service-Round Lake Utilities Phase II, 29,755.54, High Trails Swr & Wtr, Valley View Road, Franlo Road & Preserve Blvd, Shady Oak Ext. 70th Street Improve, Shady Oak Ind. Park. Round Lake Estates-2nd Addition, Cardinal Creek Estates, Rymarland Camp, Lake Idlewild Drainage 3231 ROAD MACHINERY & SUPPLIES Switch-Bikeway 15.71? 3232 PAUL ROGERS Discing Staring Lake 337.5C 3233 ST. PAUL POLICE PISTOL CLUB, INC. Supplies-Police dept 40.0Cf 3234 S.B.S. MECHNICAL Refund-Building dept 11.0C 3235 SCHMIDT SOD COMPANY Sod 75.0(( 3236 SEARS Grinding discs-Park dept 13.9; ' 3237 SHADYWOOD TREE INJECTION, INC. Remove stumps-Community service 345.0(1 3236 SHAKOPEE VALLEY NEWS Employment ad-Police dept 62.81 "39 J. SHAW Refund-Rec dept 13.0' .40 SMILEY GLOTTER ASSOC. Service-Community Center 17,220.6 3241 RUSSELL SMITH ASSOCIATES, INC. Service-Bikeway Cty Road 4 400.0 3242 SOUTHWEST SUBURBAN ADVERTISER Employment ad-Police dept 28.6 3243 SPECIALTY SCREENING Lettering for new vehicles-Police dept 46.3 3244 SPORTS WORLD Supplies-Rec dept 1.9 3245 EMMETT STARK Community Band-Rec dept 250.0 22.97 PBye four September 16, 1980 3246 NATHANA STENEMAN Mileage 5.17. 3247 SUBURBAN CHEVROLET CO. Equipment repair & Parts 18.021 3248 SUN NEWSPAPERS Employment ad-Police dept 47.50! 3249 E.A. SWEEN COMPANY Concession sandwiches 32.66! 3250 CARRIE TIETZ Minutes-Park & Rec dept 44.00! 3251 DAN THOMPSON TENNIS SCHOOLS Tennis Instructor 199.50 3252 ORRIN THOMPSON HOMES Refund-Building dept 1 478.00, 3253.,;, ;TOWNS EDGE FORD, INC.;.,,. Equipment repair & parts 321.28 3254' 'WAYNE fRAASETH ' - Repair water softner - " '39.95 3255 TURNKEY MATERIAL HANDLING, INC. Cabinet, ladder, lock-Water dept 756.84' 3256 TYPE HOUSE + DURAGRAPH Supplies-Park dept 18.3C. 3257 UNIVERSITY OF MINNESOTA Equipment rental-Fire dept 6.75, 3258 UNIVERISTY OF WISCONSIN-EXT. Registration fee-Park dept 200.00, 3259 VAN WATERS & ROGERS Chlorine-Water dept 225.65! 3260 VILLAGE CHEVROLET Supplies-Street dept .561 3261 VINCENT BRASS & ALUMINUM CO. Steel sheet-Engineering dept 41.3E 3262 FRED VOGT & CO. Refund-Building dept 13.5Ci 3263 WALDOR PUMP & EQUIPMENT CO. Equipment repair & parts-Sewer dept 557.7C! 3264 WATER PRODUCTS COMPANY Equipment repair & parts-Water dept 677.871 3265 SANDRA WERTS August expenses 125.151 3266 WHOLESALE LIGHTING, INC. Spot lights-Water dept 45.541 ( 7 XEROX CORPORATION Service 219.541 3268 ZIEGLER INC. Switch 12.61 3269 JANELLE ANDERSON Election judge 49.50 3270 ADELINE M: BRAMWELL Election judge. 42.75 3271 JOY BREKKE Election judge 52.5C 3272 MARGARET M. BYE Election judge 49.5C 3273 JOANN CARLIN Election judge 49.5C. 3274 GRACE B. CARMODY Election judge 42.7E 3275 RUTH CHARCHIAN Election judge 4.5C 3276 MILDRED CLARK Election judge 44.2E 3277 ROSEMARY C. DYSINGER Election judge 50.25 3278 LORETTA M. ELLISON Election judge 59.2E 3279 PIERRY FORSTER Election judge 4.5C 3280 BETTY L. FRITZ Election judge 49.5( 3281 VIRGINIA K. GARTNER Election judge 49.5( 3282 JINNY GIBSON. Election judge 57.0( 3283 CHERYL GLISCZINSKI Election judge 50.2E 3284 BARBARA HIGGINS.: Election judge 50.2E 3285 SHIRLEY JELLISON Election judge 49.5(, 32B6 BARB JOHNSON Election judge 49.5(! 3287 DORIS JOHNSON Election judge 57.0E 3288 VI JOHNSON Election judge 49.5d 3289 DELORES KLEIN Election judge 51.7E 3290 FLORENCE KRAL Election judge 50.211 1'91 SUE LANE Election judge 58.5! ',-92 SHARON LEVITT Election judge 49.5 3293 SHARON LYNCH Election judge 50.2 3294 SUZANNE S. MARTH Election judge 44.2` 3295 RUTH MITAL Election judge 49.5 3296 MARION NESBITT Election judge 50.2 3297 ANN GAY PARKER Election judge 61.0' e,nA 1' PLye five September 16, 1980 3298 BERNADETTE PLOUMEN Election judge 38.25 3299 GLORIA POND Election judge 50.25 3300 LORRAINE BATHS Election judge 50.25 3301 EVELYN ROGERS Election judge 49.50 3302 MARY UPTON Election judge 49.50. 3303 BARBARA VANDERPLOEG Election judge__ 42.75. 3304 BARBARA.ANN WALKER Election judge 49.50 3305�, _EONA WALKER Election judge_ 64.00 3306 GRETTA ZUMBURGE Election judge 49.5C 3307 BRW Service-Lake Eden Park 767.43 3308 ST. REGIS PAPER COMPANY Lumber-Bikeway 1,668.3C 3309 VALLEY EQUIPMENT CO. Equipment rental 1.850.00 TOTAL $722,463.04 • • • • it^ • SUPPORTING MATERIALS PRELIMINARY PLAT OF GELCO FIRST ADDITION 1. Owner/Developer involved: The owner of the land included in the preliminary plat is Gelco Corporation, One Gelco Drive, Eden Prairie, Minnesota 55344. 2. Proposed Use and Sale of Lots: • At the present time, the main offices of Gelco Corporation are located on the land included in the preliminary plat. Due 2 to rapid growth, Gelco Corporation is presently constructing 1 a second office building on the land which will house additional administrative staff and is also constructing additional parking facilities to serve these employees. Gelco Corporation plans to construct additional office space and parking in the future to accommodate future growth. The precise location and dimensions of these future facilities are still uncertain. Gelco Corporation does not plan to sell any of the lots. However, each new facility and related parking area will be mortgaged individually to obtain construction financing. In fact, accommodating present and future construction financing is the primary reason for the unusual lot configuration depicted on the preliminary plat. 3. Existing Zoning. The existing zoning for the Gelco Corporation property is Office District (OFC). t 4. County Half-Section: Please find attached the county map which depicts surround- ing land-use and nearby property owners. 5. Variances Requested. Gelco Corporation will require the following variances for the following lots: Variance Lot Parking not on same parcel Block 1, Lots 2&. 3 Block 2, Lot 1 Set back Block 1, Lot 2 Block 3, Lots 1-5 Lot size Block 3, Lot 2 Floor Area Ratio Block 1, Lots1 & 2 Submitted by: Pamela J. Moret Leonard, Street and Deinard 1200 National City Bank Bldg. 510 Marquette Avenue Minneapolis, MN 55402 1 • 23U2- -2- , pic- i•g! I r. w. o • s S Y '! 1 • lc.' la I . I i R ... ......'.. .i '—iu.r.a t ..o.nw+. J 7 . D. Z j W • 1 it. . !' 1 • a N • s` • • N i. `` . O Xi �` III 4. .• V.7 r i :�1•; • .+ •f. i. • ' = z ' i e a s ,: F a- a { ry� i O. . .. No r. �_- I. r I. i j :i' • Z . ii . .. e. ti t 2 -CC/ . l.. MEMO • . TO: Planning Ccmnission FROM: Chris Enger, Director of Planning ( DATE: June 4, 1930 PROJECT: GELCD CDRP0RATIOW PLATTING ¢ APPLICANT: Gelco Corporation REQUEST: Preliminary platting as a part of the PUD Development ( Stage Approval • LOCATION: South of West 78th Street and 1-494, West of Co.Rd.18, i. and bounded on the South by Anderson Lakes t 3 BACKGROUND tl In August of 1978 Gelco Corporation received PUD Concept plan approval } and zoning for Stages II through V of their office park. That plan is j attached to this report. , PRESENT REQUEST E Gelco's current request, also as part of the Development Stage of the PUD, • is to preliminary plat their entire 60 acre parcel (42 acres for office and 18 acres to be deeded to the City), to split their building , driving, and parking areas into separate lots and outlots according to building ( phases to facilitate separate mortgages. Gelco represents that it is their intention to retain all of the land and future buildings within their ownership. Technically, the way in which the lots are drawn would create a conflict with certain provisions of Ordinance 135(parking for a building must he provided on the same lot as the building and parking must be 10 feet from a lot line). However, setbacks Fran the peripheral lot lines are correct, Gelco will be providing appropriate access and egress easements for the parcels, and the platting is all being done in conformance with the overall Planned Unit Development. The parking for'the building currently under construction will be provided at grade over the rest of the land to the west. Subsequent phases will require provision of parking in ramps above the Stage lI parking. RECOMMENDATIONS The Planning Staff reconm:ends approval of the PUD Development Stage and Preliminary Plat for Gelco Corporation subject to the following: 1). A detailed landscaping plan must be submitted for review and approval ( prior to final plat approval which will delineate landscaping as. required for Phase 11 parking and building in the Sept.5,1973 Aereement. 2). The necessary ravers created by this preliminary plat should be grantcd as a part of the PUD Development Stele approval. parcels t 3). Copies of the easement documents governing access between I• should be submitted to the City Attorney for review prior to beat • • •• . 1 • . . . t. . --' '',_ • •••• ii). 11 ` 1 , . • _., .• i I- . . . . ..e. • ; . . ., ._... . • • __... ) ) 1 • . . • • . . . I LAI, . . 1.c:4' •'.','' \ .11,t- et . 4/ i.. .•,7'. \ • . . • • - ((r.7° ' l' •;' I/s.,..).11 . • • . :: li:•/,/,, \ r— \ \%. /1 ‘ ••• • • . • • ,4 6 sV‘ \ /'-.)1 . • : /A: :.//47.1.!, ‘e,‘,/ ;IV\'1. 11 .\' . , • ,, . ' I \•,1 '..v.N.)-'• /. 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Vi.-...---111., .. , s• •,,,i _P.1130.00 ‘ I c i: z; • --;--- ' i, V . • • \I l'6..,/, / i' -,////z./. / 14,47( . . . , MINUTES • EDEN PRAIRIE PLANNING COMMISSION approved { Monday, June 9, 1980 7:30 PM City Hall MEMBERS PRESENT: Virginia Gartner,n William BMatthew Levitt, GeorgeBentley,earman, Liz Retterath, Grant Sutliff,Hakon Torjesen STAFF PRESENT: Chris Enger, Director Planning; Jean Johnson, Assistant Planner I. APPROVAL OF AGENDA Retterath inovea, Sutliff seconded, to approve the agenda as submitted. Motion carried unanimously. • II. APPROVAL OF THE MINUTES OF MAY 12, 1980 • P.2,Motion 1, add- -Bentley abstained because of past involvement in litigation against the developer). Bentley moved, Gartner seconded, to approve the minutes as amended. Motion carried 6:0:1 with Torjesen abstaining. III. MEMBERS REPORTS Retterath welcomed Hakon Torjesen back from his leave of absence. IV. DEVELOPMENT PROPOSALS DEER CREEK PUD APiD REZONING, by T.G.C. Development, Inc. Request Tr PUD concept approval on 80 acres for single family, townhouse quadraminiums, and commercial use; rezoning from Rural to RM 2.5 preliminary plat approval, and approval of an Environmental • Assessment Worksheet. Located East of Mitchell Road, South of Old Farm Quads, and North of Ridgewood West. A continued public hearing. Motion Gartner moved, Retterath seconded, to codtinue the Dee-k Creek public hearing to June 23 as requested by the proponent. Motion carried unanimously. B. SUPERAMERICA STATION, at Co.Rd.4/TH 5. Request to rezone 1.3 acres from Plan Study to Highway Commercial for construction of a convenience store and gas station. Located in the Southwest corner of TH 5 and • Co.Rd. 4. A continued public meeting. Motion Retterath moved, Gartner seconded to continue the Superanherica item to the July 14 meeting as requested by the proponent. Motion carried unanimously. C. GELCO F1RST ADDITION, by Gcico Corporation. Request for PUD Development Stage approval to preliminary plat the 60 acre Gelco PUD into 9 lots and 10 outlots. Located north of Anderson Lakes and South of 1-494 and West 78th Street. A public hearing. The Planner informed the Commission the plat request depicting building, • parking and access areas upon land zoned Office is to facilitate mortgaging for construction purposes. He stated that presently building number 2 is under construction. The Planner then reviewed the staff report recomuncndations. • approved Minutes-Planning Commission -2- June 9, 1980 Gelco First Addition, continued Emerson Greenberg, Gelco Corporation, reinterated the need for the plat to allow separate mortgaging of construction of the approved phases. Levitt inquired if all land within the plat is zoned Office. The Planner replied affirmative, adding that also depicted on the plat plan is land which is zoned Public around the lake. Fred Rosenblatt , legal counsel,Gelco Corporation, stated that the legal description of land conveyed to the City is separate from the plat legal. Levitt asked if two buildings are contemplated upon Lot 1, Block 2. • Rosenblat replied that at this time it appeared sensible to plat the area only into 1 lot until it is known whether one or two buildings will he constructed. He informed the Commission that as part of the PUD and zoning agreement, each building phase plan must return for City approval. Levitt inquired if the plat as proposed with off site parking and cross easements would be functional if Gelco sells one or more buildings. The Planner replied the area could still function as an office park if a building is sold because easements for access and parking are outlined similar to what has been done in other communities. • Bentley stated he is uncomfortable making a recommendation on off site parking t as it could set a precendent. Emerson Greenberg stated that the plat proposed conforms to the City's previous approvals on the overall site. Bearman asked if there were other parties than Gelco and the bank to the mortgage. Emerson Greenberg replied negative. Bearman asked if anyone in the audience had questions or comments. None were raised. . Motion 1 Levitt moved, Gartner seconded, to close the public hearing on the Gelco First Addition. Motion carried unanimously. ' Motion 2 Levitt moved, Gartner seconded, to recommend to the City Council approval of the preliminary plat dated May 19, 1980 as per the staff report of June 4, 1980. Motion carried unanimously. D. ANDERSON LAKES PARKWAY NEIGHBORHOOD SHOPPING CENTER, by Eden Prairie Real Estate Investment Corpora lion Request forPUU concept approval , rezoning from Rural to C-Com, and preliminary plat approval. Located in the Southwest corner of US 169 and Anderson Lakes Parkway. A public hearing. Dick Kr•ier, Westwood Planning & Engineering, reviewed the site location, past meetings with neighborhood, site character, location of buildings, proposed access points, landscaping,and berm ing,as they are outlined in the submission material. Mr. Krier then presented the Commission with copies of the project's proposed design standards which will control building design, lighting, Planting material. sianaer. etc. 13a-FY 1:1W7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.R00-114 • RESOLUTION APPROVING THE PRELIMINARY PLAT OF GELCO FIRST ADDITION BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Gelco First Addition dated May 191980 , a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the _day of 19 . a fgang H. Penzel, Mayor Sohn D. Frane, City Clerk SEAL 1 �anR -w-tf- MEMORANDUM • TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Oirector of Community Services 1"4 DATE: Augsut 14, 1980 SUBJECT: Purgatory/Major Center Open Space Study Proposed by Don Brauer Mr. Don Brauer has proposed that all of the property owners around the Purgatory/Major Center Open Space Area pay for a basic site and inventory . and analysis of that area and schematic development plans and preliminary development cost estimates for the common or future public (floodplain) area. Mr. Brauer is requesting that the City retain the consultants and administer the process. The study Mr. Brauer suggests makes a great deal of sense not only for the landowners, but for the City. It would be much easier to pldn adjacent land uses, road systems, trail systems and public open space requirements if the City and the adjacent landowners are aware of and agree to some type of concept plan for development of that area. I do have some concerns with the second objective listed on page 2 "request a change in the floodplain level from 824 to 821 and revise encroachment policies proportionally". If it is assumed going into the study that the 821 is the boundary for the future public open space area, the final concept plan might look quite different from one that assumed the 824 (the existing floodplain level) as the boundary. I would be more comfortable with a study that completed a basic site inventory and analysis of the area and prepared a schematic concept development plan based on the inventory and analysis rather having an objective of lowering the floodplain. I do not wish to imply one way or another at this time that I am in favor of keeping the floodplain level at 824 or lowering it to 821. I would not make a recommend- ation regarding this until the study of this area is completed and until a study of the effect of lowering the floodplain on Staring Lake is completed. Mr. Brauer's study will not address the effect of the lowering on Staring Lake. This would have a very significant effect on Staring Lake. A good portion of the shoreline including the Senior Center would undoubtedly be under water during the spring of the year and after heavy rains, without some holding pond design to take up the "bounce" that would most surely occur if the floodplain in the Major Center Area is reduced. I feel the large open space area adjacent to the Major Center Area is a highly visible resource that should be developed to its best potential whether for golf and field games or as a wildlife management area. However, the consequence of this development should not be detrimental to another valuable resource further down stream. Staff would recomnend approval of the study subject to the Watershed District completing a study of the effect of lowering the floodplain on Staring take and Staring Lake Park and eliminating objective number 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: September 11, 1980 SUBJECT: Red Rock Park Acquisition In early August, 'staff informed the Parks, Recreation and Natural Resources. Commission and the City Council that the City had purchased two of the three parks that were to be acquired with the Park Bond Referendum funds. The remaining park to be purchased was Red Rock Park. Staff indicated that the City was receiving pressure from adjacent residents for development of the park. However, Mr. Virgil Siefert, owner of the 14 acre parcel, was not interested in selling at this time due to the uncertainty of the status of the property that he had sold to developers. At the August 5 meeting, the City Council continued this item to the September 16 Council meeting and directed staff to look at alternate sites in the area that might be used in place of Mr. Siefert's. At that meeting, Mr. Siefert indicated that he should have additional information on his other property by August 20. When reviewing the adjacent properties to look at alternative sites for a neighborhood park to serve the Red Rock Neighborhood, the attached map shows that the only unplatted property remaining in this neighborhood is to the southwest. This land is extremely hilly and not conducive to developing neighborhood parks that require fairly flat spaces for development of active use areas. The only acceptable site is indicated by the star just east of Red Rock Lake. As the map indicated, this park would be located on the fringe of the half mile service area of the Red Rock Neighborhood. We find ourselves in this situation because since 1975 everyone has accepted the Red Rock Park site as the area that would be developed as the neighborhood park to serve this area. In fact, there are several existing paths that have been required of developers that lead to this proposed park site from the north and the west. The City has required dedicated park property, approximately 6 acres, that borders the north and west boundaries of this park site. The sitc itself is fairly flat and the majority of it is undevelopable for buildings but will be satisfactory for park use. The property owner indicates that our appraisal is far below an acceptable selling price and he has brought up good points that leads staff, at least, to believe the City should negotiate at a considerably higher price. Even if this property had to go to condemnation it certainly would still be cheaper than purchasing the alternate sitc located on the peninsula of Red Rock Lake. We have an appraisal of that park site at $15,000 per acre. The staff would like to have that property acquired by early next spring so that we could bid for grading and construction in late winter to obtain the best bids for development. BL:md . 2310 qg • 4. 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: September 11, 1980 SUBJECT: Hidden:Ponds`APar Plan-Security Fence Costs e; - -F *a ns I • At the August 19 meeting, the City Council approved the Hidden Ponds Park plan and considered a request from Mr. Paulson, the adjacent neighbor, to constructing a security fence along the park eastern border in an attempt to effectively keep children out of the orchard on Mr. Paulson's property. Staff estimates that a minimum of 600 lineal feet of fence is required to effectively restrict the public from encroachment on to Mr. Paulson's property where the commerical orchard is located. The staff has contacted three local chain link fence contractors. The quotes are as follows: Future Fence Co. 5 foot chain length fence $3,263 8 feet $4,459 10 feet $5,498 Century Fence 5 feet $3,300 8 feet $4,500 10 feet $7,200 �. Kibbey Engineering 5 feet $4,085 8 feet $5,900 10 feet $7,130 The staff recommendation was to wait to see if there is a problem before constructing the fence. The City Council requested staff to provide cost information before making a final decision on whether this fence would be constructed with the initial park development. BL:md 72[� • 4 { MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: ..• Roger K. Ulstad, City Manager FIt01�s Bob'l mbert 'Director of-Community Services h'- DATE: September 11, 1980 1 SUBJECT: Railroad Right-of-Way Appraisal d The City Council authorized condemnation of the bike trail right-of-way across the Chicago Northwestern right-of-way on County Road 4. The City has secured an appraisal estimating the loss to the railroad at $250. Staff requested the City Council to approve this appraisal so city staff might make an offer to the railroad for $250 for the purchase of that bike trail tight-of-way. ( BL:Md • • 2312 f OM 000.0100 LAW erne•• LAND. PAULY • ORLOCROON, LTD. ( MOM IDS O•NTAN NINNOA►OLIO.MI •0.L011 IIR••RT I.LAND A.►AULY IIW10 M. S. R.TMOMA• IL S. N 10NAR0 I.UO.OW • L AWI1•N0•.1.UROOLUNO August 22, 1980 • Mr. Cax2 Jullie and :MX. Robert Lambert..., ' City of Eden Prairie F 8950 Eden Prairie Rd. ' Eden Prairie, MN 55343 Res City of Eden Prairie vs. Chicago and Northwestern • Transportation Company Gentlemen: Enclosed please find a copy of Russell Smith Associates, Inc.'s appraisal report on the effect of the taking of the right- of-way for the hikeway/bikewaY trail across the railroad property on County Road 4. Also enclosed is Russell epsis is Associates,invoice i this report. Please have the City pay Inc. directly on this invoice. The appraisal is submitted for your review. If you find . - it to be satisfactory, we should have the matter brought before the council's attention at its next meeting for spproval of not hesitate e appraisal. If you have any questions, please d• to call me. Very truly yours, . LAND, p D GREGERSON, D. B • ch rd F. Ro ow RFR:ps Enclosure i 23 1S MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services '744 DATE:. ••: September 10, 1980 • SUBJECT: Request From Lawrence Heinen regarding tax for"reited property • Attached to this memo is a letter from Thomas Dougherty representing Mr. and Mrs. Lawrence Heinen, 9840 Bennett Place, Eden Prairie, Minnesota. This letter outlines the background of the Heinen's purchase of a parcel encompassed within parcel No. 2010 that was forfeited to the State of Minnesota for delinquency in the payment of real estate taxes. Subsequently, the City of Eden Prairie applied to Hennepin County for conveyance of this parcel through the tax forfeited land procedures for park property. it it obvious that Mr. Heinen intended to pay taxes on all of his property for the length of time that he has owned it. Staff recommends that the Parks, Recreation and Natural Resources Commission and the City Council consider withdrawing the application for conveyance of this tax forfeited parcel so that Mr. and Mrs. Heinen may repurchase this parcel. • BL:md • • aaw MAHONEY, DOUGHERTY AND MAHONEY PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS -..ICMAR6 P.11 801 PARK AVENUE TMONAI E.DOUGHERTY MINNEAPOLIS.MINNESOTA 55404 Jima.M.M �� OF KENNETM GLt SOH 1 613 1 113 5.5663 y6SNON J.SONwclotR DMA A.LINOMIN OAR[C.RIOTER September 5, 1980 O.P.NANONtT{N/O•INtI Q.J.MAHONEY Iltf[.10t1 Parana I.N0.6 PATRICK J.IIAVT[R Mr. Roger K. Ulstad • City Manager City rf Eden Prairie; 8950 Eden Prairie Road Eden Prairie, MN 55436 Dear Mr. Ulstad: At the request of Mr. and Mrs. Lawrence E. Heinen, I am writing this letter to outline for you the background of their pur- chase of certain real estate in the City of Eden Prairie, which for the purposes of brevity, will hereafter be referred to as Plat No. 56820, Parcels Nos. 2200, 2010 and 2420. Mr. and Mrs. Heinen have just recently become aware that the land encompassed within Parcel No. 2010 has been forfeited to the State of Minnesota for delinquency in the payment of real estate taxes and that the City of Eden Prairie has made application to Hennepin County for conveyance of tax for- feited lands to it. Prior to June of 1972, the entire tract of land encompassed within Plats Nos. 2200, 2010 and 2420 were owned of record by Ellen Henry. On June 5, 1972, Ellen Henry entered into a Contract for Deed with Mr. Stephen F. Rowland, which Contract for Deed covered the entire tract of land encompassed within Parcels Nos. 2200, 2010 and 2420. This Contract for Deed was not recorded and Ellen Henry remained the record owner, and presumably continued to receive the tax statements for all of these parcels. On March 12, 1973, Mr. and Mrs. Heinen entered into a Contract for Deed with Mr. Rowland for the purchase of a part of that entire tract. The part purchased by Mr. and Mrs. Heinen under the Contract for Deed at that time were the tracts of land covered by Parcels Nos. 2200 and 2420 and also part of Parcel No. 2010. This Contract for Deed was not recorded and again Ellen Henry re- mained the record owner. In November of 1973, Mr. and Mrs. Heinen acquired by Warranty Deed that tract of land described by Parcel No. 2200. At that time they built a home on this parcel, which is commonly known and described as 9840 Bennett Place, Eden Prairie, Minnesota. 2315 I MAHONEY.DOUGHERTY AND MAHONEY September 5, 1980 • Page 2 At the same time Mr. and Mrs. Heinen constructed a horse stable on that part of Parcel No. 2010, which was being purchased under a Contract for Deed from Rowland and also fenced in a part of Par- cel No. 2010 for a pasture area for horses owned by them. In 1976, Mr. and Mrs. Heinen entered into another Contract for Deed with Stephen W. Rowland for the purchase of the balance of this entire tract of land which was the remaining part of Parcel No. 2010. This Contract for Deed again was not recorded and the • record owner continued to be Ellen Henry. At the time that Mr. i;- Heinen entered into this Contract for Deed with Mr. Rowland, he was not aware that there were any unpaid real estate taxes on Parcel No. 2010. Mr. Heinen has always received and paid the taxes covering the land encompassed within Plats No. 2200 and 2420. Neither Mr. or Mrs. Heinen were ever aware that Parcel No. 2010 was being taxed by a separate tax statement. Apparently all of the real estate tax statements for Parcel No. 2010 were forwarded to either Ellen Henry or to Stephen W. Rowland. However, they were never forwarded by either of the said Ellen Henry or Stephen W. Rowland to Mr. Heinen. It was not until late August of 1980, as part of Mr. Heinen's work in developing this entire tract of land as Creek- view Estates, that he became aware that there was any real estate tax delinquencies on Parcel No. 2010. On that occasion Mr. Heinen commenced an investigation of this matter and learned for the first time that there were delinquent.real estate taxes on this Parcel No. 2010 which dated back to 1975 and that an application had been filed by your City to acquire title to this land. Mr. Heinen has been working with the City of Eden Prairie since August of 1978 in an attempt to plat this entire tract of land, that is Parcels Nos. 2200, 2010 and 2420 in a real estate development known as Creekview Estates. Since August of 1980, Mr. Heinen has had approximately 25 meetings with various officials of the City of Eden Prairie, including the members of the City Council, Planning Commission, and Park and Recreation Committee in the City Engineer's Office in connection with his development of this entire tract of land. If Mr. and Mrs. Heinen had known of the existence of this tax delinquency, they would, of course, immediately have paid any default. Neither Mr. or Mrs. Heinen were ever aware or had been notified in any manner of this tax delinquency or of the forfeiture of this land to the State for non-payment of taxes. You will note that on Exhibit No. 1, which is attached to the City's Application to Hennepin County for conveyance of tax forfeited lands, that this Parcel No. 2010 is referred to as 9820 Bennett Place. In fact, there is no 9820 Bennett Place. The only building 23/( • MAHONEY.DOUGHERTY AND MAHONEY September 5, 1980 Page 3 on those premises is the stable constructed by Mr. Heinen. Mr. Heinen's home is adjacent to this land, and that address is 9840 Bennett Place. Mr. Heinen has contacted the appropriate officials at Hennepin County concerning this matter, and these officials have • indicated that if your City would advise Hennepin County that you are'withdrawing your application for conveyance of tax-for- • feited land in respect to this Parcel No. 2010, that Hennepin County would allow Mr. ani' Mrs'. Heinen to re-purchase.this-tax forfeited land. On behalf of Mr. and Mrs. Heinen, I respectfully request - that the City of Eden Prairie does do advise Hennepin County that it is withdrawing its application for this parcel of tax forfeited land. • Very truly.yours; MAHO , DOUG R and MEY omas E. ou er TED/joo t MEMORANDUM TO: Mayor and City Council TOUR: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services' .-. DATE: September 11, 1980 SUBJRCT: Resolution No.-80477 Authorizing Filing-of'Application for LAWCON Funds Staff requests the City Council to approve Resolution No. 80-177 Authorizing Staff to File an Application for a 1981 LAWCON Grant for Parcel No. 3 of Miller Park on Mitchell Lake. The City has received LAWCON funding assistance on acquisition of Parcels 1 and 2. Parcel No. 3 is the last parcel containing lakeshore frontage. The parcel acquisition costs will be approximately $150,000. The initial ranking of this project is third for cities of this size. Therefore, the City should receive approximately $75,000 in LAWCON funds and $37,.000 in LCMR funds toward the purchase of this $150,000 parcel. After this purchase is completed, the City will only owe approximately $31,800 on this 73 acre community park site. BL:md • 42311 - CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80-177 RESOLUTION OF THE CITY OF EDEN PRAIRIE AUTHORIZING FILING OF APPLICATION FOR GRANTS TO ACQUIRE PARKLAND UNDER THE PROVISION OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCES FUND WHEREAS, the Land and Water Conservation Fund Act and the State Natural Resources Fund provides for tha making of grants to assit local public bodies in the acquisition and development of outdoor recreation projects, and WHEREAS, the City of Eden Prairie desires to acquire certain land known .-- as Miller Park on Mitchell Lake, which land is to be held and used for permanent open space, and WHEREAS, Title VI of the Civil Right Act of 1964 P. L. 88-354 (1964) and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 C. F. R. 17 effectuating that title, provides that no person shall be discriminate against because of race, color or national origin in the use of the land acquired and/or developed, and • WHEREAS, it is estimated—that the cost of acquiring the third portion of this open space area shall be $150,000. { NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie 1. That an application be made to the Office of Local and Urban Affairs of the State Planning Agency for a grant from the Land and Water Conservation Fund as amended in 1965 for an amount presently estimated to be $75,000 and the applicant will pay the balance of the cost from other funds available to it. 2. That an application be made to the Office of Local and Urban Affairs of the State Planning Agency for a grant from the Natural Resource Fund (Minnesota Laws 1973, Chapter 7, Section 43, Subd. 2, Paragraph G) for an amount presently estimated to be $37,500 and the applicant • will pay the balance of the costs from other funds available to it. 3. That the Director of Community Services, City of Eden Prairie is hereby authorized and directed to execute and to file such applications with the State of Minnesota Office of Land and Urban Affairs and the State Planning Agency, and to provide additional information and to furnish such documents as may be required by said Agency to execute such contracts • as are required by said Agency and to act as the authorized correspondent of the Applicant. 4. That the proposed acquisition and development is in accordance with the plans for the allocation of land for open space use, and that should said grant be made, the applicant will acquire, develop and retain said land for uses designated in said application and approved by the Office of Local and Urban Affairs from the H.C.R.S. 0319 • 5. That the Unitied States of America and the State of Minnesota be, and they hereby are, assured of full compensation by the Applicant with the regulations of the Department of Interior, effectuating Title VI of the Civil Rights Act of 1964. ADOPTED, by the City Council of the City of Eden Prairie this 16th day of September, 1980. ,. Wolfgang.H. Fenzel, Mayor• ATTEST: John D. Frame, Clerk SEAL • \. MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager • FROM: Bob Lambert, Director of Community Services DATE: September 11, 1980 • SUBJECT: Bids for Hidden Ponds and Creekwood Parks On September 11, 1980, at 10 A.M. bids for grading for Hidden Ponds and • Creekwood Park improvements were opened at City Hall. The following bids were received: 1. Bieck Excavating $64,492.14 2. St. Louis Park Landscaping $47,574.69 3. Busse Construction $42,009.95 4. W. J. Ebertz Excavating $35,981.58 S. Brown and Cris $28,980.26 Staff recommends the City Council award the bid for grading of Hidden Ponds and Creekwood Park to Brown and Cris for the low bid of $28,980.26. BL:Md 232 I City Council Minutes - 9 - iues.,nugust a, iynu 4. Round Lake Irrigation (continued) Osterholt stated he would feel more comfortable waiting for the final figures on the Community Center building to see if there are any excess monies available to be used for an irrigation system. • This item was continued to either the first or second Council meeting in October, 1980. ---•-•�--•... -- 5. Red Rock Park - Update • Director of Community Services•Lambert spoke to his memo dated July 23, 1980. Lambert felt it was essential to bring the problem with the acquisitior of the Red Rock Park before the Council sometime this summer. The same . memo was forwarded to the Parks, Recreation& Natural Resources Commission on August 4th and the Commission decided to take action. Their recommenda- tion was that if the City couldn't negotiate for acquisition of the park before the end of this year, that we enter into condemnation on the parcel. Lambert added more and more development is being approved around the park and we can't wait much longer. Mr. Virgil Seifert, owner of the 14 acre parcel, stated the problem is the developer he sold to two years ago is putting him off which makes him un- certain just when he would want to sell the park land. The developer who bought the land is in default right now, and there is a very good chance Mr. Seifert may get the property back a second time. Mr. Seifert added he should have a decision from the developerby_August20, 1980. Osterholt asked Mr. Seifert if he would be interested in the City's offer? Mr. Seifert stated he expects to sell the land eventually; however, was insulted with the appraisal obtained by the City as the property was sold 8 years ago for $3,700.00 an acre,and has been assessed for the last 8 years at $3,500,00 an acre. The City's appraisal is only for $2,000.00 an acre. MOTION: Osterholt moved, seconded by Pauly, to continue this item to the September 16, 1980 Council meeting, and to direct staff to look at alternative sites which might be used in place of Mr. Seifert's. Motion carried unanimously. 6. Historic Parks Director of Community Services Lambert spoke to his memo dated June 26, 1980 on City Historical Parks. Lambert explained he took this item to the Parks, Recration & Natural Resources Commission on August 4th. The Parks, Recreation & Natural Resources Commission suggested that a joint meeting be held with the City Council and the Historical & Cultural Commission. MOTION: Osterholt moved, seconded by Pauly, to set a joint meeting for the City Council to meet with the Historical & Cultural Commission and the Parks, Recreation & Natural Resources Commission to tour the Grill house on October 2, 1980 at 6:30 PM. Motion carried unanimously. d23 v ek I EID s 1 i ,• t0 ly . -' //// FlREL a!!.. CITY- R'I t PYE4c lAiETY —1 ,•��N�q •`sI / - • 1R�NNEEe •` ,,�`• ce • ISO ROCK RD � ,,Ir id✓tt=i• '`���` A !ha IW" - ' CENTER T to 1 *+M- u • 4e, .1- , •--� -IWA1-111 1 iI 11.,;� S _spai " . � I," _- . •I�•..` k` ..-wcl v, 1 � G_.t ....R • RED _ _ oil. ��`•1 A..VA n � / ,•i ,t.�fi x t.,.\ N _ROCK ~73 • 4� • • - 1 pi I . %, (te. . q 2. ..T oF UFI CI. Wulf] 0 �- f 1----a‹...)4D. Dv 40 w ti STARING - RI:Q Nti OLAKE 7-1,-\TR22w ------ Ed,. - iqa y, r)n,: • • C}e.� - - - • f yr�iu.., .c) - . . . J1 T ,, T MN R t2* Flying Claud lit" AIFpo►1 rip.; MAC Sept. 16; 1980. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-182 RESOLUTION ACCEPTING BID I.C. 51-353A e. WHEREAS, pursuant to an advertisement for bids for the following improvements: • v -- I.C. 51-353A, Wearing Course on Streets in Hipps Mitchell Heights 4th Addition bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the Ciyt Engineer recommends award of contract to Bury & Carlson, inc. as the lowest responsible bidder. NOW, THEREFORE, 8E IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with 8ury & Carlson, Inc. in the name of the City-of--Eden Prairie in the amount of $18,027.50 in accord- ance with the plans and specifications thereof approved by the Council" and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor • ATTEST: • SEAL John D. Frane, Clerk { a32y . - _ _ . . P SUMMARY OF BIDS PROJECT: I.C. 51-353A, Wearing Course - Hipp's Mitchell Hts 4th BIDS OPENED: 10:00 A.M. on Thursday Sept. 11, 1980 Eden Prairie City Hall BIDDER BID SECURITY TOTAL BID AMOUNT Bury & Carlson, Inc. 5% $18,027.50 Minnesota Valley Surfacing 5% $19,650.00 Bituminous Consulting & 5% $22,610.00 Contracting Co., Inc. { . MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager e. -FROM:- Carl Jullie, City Engineer 3 • � DATE: September 11, 1980, SUBJECT: Lime Sludge Removal The two existing lagoons at the water plant are now full and must be excavated to provide space for additional lime sludge from the water plant operation. In the past we have tried to handle this work during the wintertime with City dump trucks and rental of a dragline. However, the volume of sludge at this time,and the consistency of the material requires large tandem dump trucks and experienced operation of a large dragline. Accordingly, we recommend that sealed bids be taken for such work. The estimated cost is A4,000 for excava- tion and removal of approximately $8,000 cubic yards, plus an additional $26,000 for the disposal fee at the Eden Prairie landfill. Recommend that the bid opening date be set for 10:00 A.M., Monday, October 6, 1980. CJJ:kh Sept. 16; 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-183 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING (I.C. 51-385) WHEREAS, a report has been given by the City Engineer to the City Council on Sept. 16, 1980, recommending the following improvements to wit: I.C. 5I-385, Storm drainage outlet for Lake Idlewild NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of all property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Sect. 420.011 to 429.111, at an estimated total cost of the improvements as shown in said report. 2. A public hearing shall be held on such proposed improvement on the 7th day of October, 1980, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improve- ments as required by law. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk 2923 k„ • It MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: September 12, 1980 SUBJECT: Agreement With Bloomington • .. Sewer Along Riverview Road The City of Bloomington is proposing to construct a storm sewer outfall leading from a large drainage pond in the southwest corner of Bloomington south of Co. Rd. 18, thence westerly into Eden Prairie along Riverview Road for approximately 1500 feet and there outfalling at Purgatory Creek. This project would provide the required outlet for the drainage system which includes about 1,000 acres in the City of Bloomington and 360 acres in the southeast corner of Eden Prairie. We have been experiencing some serious erosion problems along the south side of Riverview Road which the f proposed storm sewer should help to eliminate. Originally this storm sewer outlet was planned to be a 72" diameter pipe as shown on the Eden Prairie Comprehensive Drainage Plan prepared in 1970. Now, however, it is possible to reduce the pipe size down to 27" because of the extensive ponding system which has been provided within Bloomington, thus reducing the project cost considerably. The estimated construction cost of the proposed project is $160,000. Eden Prairie's estimated share would be 25% or $40,000 plus $4,000 for engineering for a total of $44,000. Payment to Bloomington would be due over 5 years after completion at 8% interest, or paid in full any time during that period 4 at our option. The completion date for construction is November 15, 19B0, It is proposed that the City's share be paid from the general fund rather than through special assessments to the specific drainage area because this project will be part of the City's overall trunk storm sewer system which, when com- pleted, will be a benefit to the entire community. Recommend that the City Council authorize the Mayor and Manager to sign the attached "Agreement for Construction and Maintenance of Storm Sewer System Serving Areas in the Cities of Eden Prairie and Bloomington." CJJ:kh 2327 . • • AGREEMENT FOR CONSTROCTION AND MAINTENANCE OF STORM SEWER SYSTEM SERVING AREAS IN THE CITIES OF EDEN PRAIRIE AND BLOOMINGTON THIS AGREEMENT, Made and entered into this day of 4 1980, by and between the City of Eden,Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter refer- red to as "Eden Prairie" and the City of Bloomington, a body politic 'and corporate under the laws of the State of Minnesota, hereinafter referred to as "Bloomington". WITNESSETH: WHEREAS, There is an existing storm sewer and ponding system in West Bloomington which serves drainage areas in both Eden Prairie and Bloomington. This storm sewer system currently ends in a ponding area located at 106th Street and Decatur Avenue in Bloomington; and WHEREAS, Because of urban development in both Eden Prairie and Bloomington there is a need to construct an outfall storm sewer from • this pond in Bloomington to the Purgatory Creek in Eden Prairies and WHEREAS, It is proposed that the storm sewer be constructed along Riverview Road in Eden Prairie and along Townline Avenue in Bloomington; and WHEREAS, The overall City drainage plans for Eden Prairie and • Bloomington indicate a storm sewer at this location; and WHEREAS,.It is considered appropriate that the cost of this storm sewer be shared, based proportionally on the contributing area from Eden Prairie and Bloomington. NOW, THEREFORE, IT IS HEREBY AGREED: x Bloomington shall prepare the necessary plans, specifications, and proposals; shall advertise and receive bids for the construction of this project; and shall perform the required Engineering and Inspection. �. II Eden Prairie shall have the opportunity to review and approve the plans and specifications as prepared by Bloomington. 2.329 -1" Agreement for Construction and Maintenance of Storm Sewer System Serving Areas in the Cities of Eden Prairie and Bloomington Following the receipt of bids, Bloomington shall promptly submit • to Eden Prairie a copy of the abstract of bids received for the project. 1 together with a request for.concurrence by Eden Prairie in the award of } a construction contract. • III The construction of the drainage improvement shall be under the supervision and direction of Bloomington. However, Eden Prairie shall cooperate with Bloomington, at their request, to the extent reasonably requested, but will have no responsibility for supervision of the work. IV Bloomington shall have, and has, full power and authority, for and on behalf of Eden Prairie and Bloomington, after consultation with end concurrence of Eden Prairie to negotiate, compromise, settle, or litigate any disputes of any kind with the Contractor. V Eden Prairie will grant to Bloomington the right to use Riverview Road for the construction of this storm sewer and will allow Bloomington • to make the necessary connections to the existing culvert at Purgatory Creek. VI Eden Prairie shall have the right to make connections to the pro- posed storm sewer for street catch basins and other areas within the normal drainage area of the proposed storm sewer. VII Maintenance of the drainage improvements constructed within Eden Prairie under this Agreement shall be the responsibility of Eden•Prairie. Maintenance of the drainage improvements constructed in Bloomington under this Agreement shall be the responsibility of Bloomington. After completion of the work, the storm sewer in Eden Prairie shall become the property of Eden Prairie, and the storm sewer in Bloomington shall be the property of Bloomington. -Z- 233U :. • Agreement for Construction and Maintenance of Storm Sewer System Serving Areas in the Cities of Eden Prairie and Bloomington Any changes or additions required to this portion of the system shall be the subject of a future Agreement. Mo major changes shall be made without the concurrence of both parties. All records kept by Eden Prairie and Bloomington with respect to this drainage improvement shall be subject to examination by the representatives of each at reasonable times during normal business hours. VIII Bloomington shall obtain the necessary permits for this work. Eden Prairie will cooperate with Bloomington in this endeavor by providing pertinent information as appropriate or requested. IX The construction of the storm sewer system along Riverview Road and Townline Ave: shall be shared as follows: Eden Prairie 25% Bloomington 75% The estimated cost of the storm sewer construction is $150,000 However, the unit prices set forth in the contract with the successful bidder and the final quantities as measured shall govern in computing the total final contract construction cost for apportioning the cost of this project, according to the provisions of this paragraph. In addition to payment of Eden Prairie's proportionate share of the contract construction costs, Eden Prairie also agrees to pay to Bloomington a sum equal to 10% of the amount computed as Eden Prairie's share of said construction costs as payment for Engineering and Inspection. It is understood that if there is participation by any other government agency, such as Hennepin County, that the amount shall be deducted prior to the cost split as outlined above. X { The amount owed to Bloomington by Eden Prairie shall be due as follows: 20% within 60 days after the contract is completed and upon submittal to Eden Prairie of Bloomiington's final itemized statement of said storm sewer cost, ther•+(tar 20%on March 1, I982, 201 on March 1, 1983, 20%on March 1, 1984. and final payment of the remaining amount due on March 1. 1985. Payment shall include interest at 8%on the unpaid balance due. Eden Prairie, at its option may pay in full the unpaid balance due at any time during said repayment period without penalties or additional interest. -8` 233( Agreement for Construction and Maintenance of Storm Sewer System Serving Areas in the Cities of Eden Prairie and Bloomington xI It is further agreed that Bloomington shall not be responsible or liable to Eden Prairie or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the City as provided for herein; and Eden Prairie further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatso- • ever character arising in connection with or by virtue of performance hereunder by Eden Prairie. It is further agreed that Eden Prairie shall not be responsible • or liable to Bloomington or to any other person or persons whomsoever for claims, damages. action, or cause of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the County as provided for herein; and Bloomington further agrees to defend at its sole cost and expense any action or proceeding • commenced for the purpos e of asserting any claim of whatsoever character arising in connection with or by virtue of performance hereunder by • Bloomington. III It is further agreed that any and all employees of Eden Prairie and all other persons engaged by Eden Prairie in the performance of any work or services required or provided for herein to be performed by Eden Prairie shall not be considered employees of Bloomington, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission • on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obliga- tion or responsibility of Bloomington. Also, any and all employees of Bloomington and all other persons engaged by Bloomington in the performance of any work or services -4- .Z33 2 Agreement for Construction and Maintenance of Storm Sewer ' System Serving Areas in the Cities of Eden Prairie and Bloomington required or provided for herein to be performed by Bloomington shall not be considered employees of Eden Prairie, and that any and all claims ' that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of Eden Prairie. • XIII • The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Bloomington shall be considered a part of this Agreement as though fully set forth herein. CITY OP EDEN PRAIRIE By Mayor Date (SEAL) And Manager Date CITY OP BLOOMINGTON By Mayor (SEAL) Date And �. • Manager Date t � g333 ti CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 16, 1980 CONTRACTOR (1 & 2 Family) VENDING MACHINES Minnesota Package Products Coca Cola Bottling Co. Olympus Development Inc. Locations: Sh^pard Construction, Inc. Deco Plants Strom & Mayville, Inc. Mc Glynn Bakery CONTRACTORS (Multi-Family & Comm.) Kraus-Anderson of St. Paul Co. Lester's of Minnesota, Inc. Roger Sheehy Co. HEATING & VENTILATING Bostrom Sheet Metal Works, Inc. Ed Lacy Inc. State Mechanical GAS FITTER State Mechanical PLUMBING Aarons Plumbing & Sewer J.R. Kelly Plumbing & Heating SOLICITORS Concepts Plus SUNDAY LIQUOR The Brother's Restaurant Inc. These licenses have been approved by the department head responsible for the licensed activity. 64.0 in. a..10 Cindy M. Plante, Licensing Clerk 233y