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HomeMy WebLinkAboutCity Council - 03/03/1981EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 3, 1981 COUNCIL MEMBERS: COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen Acting City Manager John Frane; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Karen Michael, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE .ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 1981 Page 538 III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 80-29, rezoning 2 acres from Rural to R1-13.5 for Eide's Knoll by Orris Eide and developer's agreement C. 2nd Reading of Ordinance No. 81-02, rezoning 2 acres from Rural to Office for Bentec Office by John A. Benedict and developer's agreement D. Request to set Public Hearing for CPT PUD for April 7, 1981 E. Set Public Hearing for reinstating properties around the Co. Rd. 4/TH 5 intersection back into Plan Study for March 17, 1981 F. 2nd Reading of Ordinance No. 80-27, Park Use Ordinance G. 2nd Reading of Ordinance Mo. 81-05, amending Ordinance No. 248, adopting the 1979 State Building Code H. Resolution No. 81-45, authorizing the Acting Manager and Mayor to execute and deliver the assumption agreement for Circle Rubber I. Metronolitan Waste Control Commission agreement for watermain crossing J. Final plat approval for Olympic Hills 6th Addition (Resolution No. 8 1 -5 1 ) ,/ K. Authorization for the Mayor to sign 2 license agreements for the City to place water and sewer under the railroad tracks of Chicago/ Northwestern Transportation Company, I.C. 51-288 L. Reschedule discussion on TH 169/212 official map from March 3, 1981 to April 7, 1981 Page 547 Page 549 Page 558 Page 567 Page 568 Page 304 Page 504 Page 570 Page 572 Page 577 City Council Agenda - 2 - Tues.,March 3, 1981 IV. PUBLIC HEARINGS A. MTS/MCC Industrial Campus by MIS Systems Corporation and Magnetic Page 464 Controls Company. Request for PUD Concept approval of industrial 7 ' ' and commercial uses upon 158 acres. Located southeast of Mitchell Road and TH 5 (Resolution No. 81-35) Continued from February 17, 1981 Request for Municipal Industrial Development Bonds in the amount of Page 580 $1,500,000.00 for G. R. Partnership (Resolution No. 81-46) C. Preserve Center 3rd Addition by The Preserve. Request to divide an Page 592 outlot zoned PM 6.5 into 2 lots for 2 duplex buildings and rezone the JP\ 25' of outlot R, Lake Eden, from Rural to RN 6.5. Located in the Southwest quadrant of Anderson Lakes Parkway and Preserve Boulevard. (Ordinance No. 81-06 and Resolution No. 81-44) D. Vacating a portion of Sunnybok Road in Olympic Hills 6th Addition Page 598 E. Utility improvements oft-Uaer Way-and Meadow Lane, I.C. 51-395 (Resolution No. 81-52) i A—Ira'l 5 (43--14-4"*"d PAYMENT OF CLAIMS NOS. 5360 - 5573 VI. REPORTS OF ADVISORY COMMISSIONS Page 601 Page 605 II"" 1111 !!.. 1111Alf(11 17L-L id-A4 .774/..,,&/4--- " 'A: 4 Request from Bev Cronk on review of new r g6U-sprifo-ving gdinanc-e&-. - .11(7 )No. 79-34 (Continued from 2/'-(-3/8k) VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney G C. Report of Acting City Manager 1. Liquor Store Lease at Preserve Village Mall (41, 2. Report on the City Radio System 3. Clerical recmirements in th Public Safety Department ,i ,..: , , , , 4. —4 ,,,ts „, 4 if . „ ......" ,a. ,. D. Report of Director of Community ervicet (Resolution No. 81-501'C...4s, V/I7 Page 610 Page 611 Page 612 A 4. 1. Round Lake Park Shelter (continued from February 17, 1981 2. Letter from Mr. & Mrs. Henry Eserhut A/0 p00,6i ,kifIr 3. Concession/Storage Building at Flying Cloud ballfields 0o( 4. Athletic Association request for funds C7/' 3J ,"" Alo Page 613 Page 616 Page 618 Page 620 requests Page 623 Page 630 5. Community Center C 6. 1982 - LAWCON Grant . E. Report of Cityjngineer City Council Agenda Tues.,March 3, 1981 4, 14 .1-.!"*". Consider bids for improvements in Meadow Park, I.C. 51-360 t Valley View Road (watermain - Braun's site), I.C. 51-366, and Willow Creek Road/Flying Cloud Drive; I.C. 51 --38/ (Resolution 'No. 81-47) Page 631 0,2. Consider bids for waterworks improvements, Contract No. 3 for Page 635 connecting watermain lines, I.C. 51-354 III (Resolution No. 81-48) e)(3 ' Consider bids for waterworks improvements, Contract No. 4 for water plant expansion. I.C. 51-354 IV (Resolution No. 81-49) ,e44) IX. NEW BUSINESS X. ADJOURNMENT d?.4. Consider bids for front end loader Page 638 Page 641 National Association of Home Manufacturers 6521 ARLINGTON BOULEVARD • FALLS CHURCH, VIRGINIA 22042 (703) 533-9606 JOHN R. KUPFERER, becutive Vice President February 9, 1981 John Frane Acting City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: MANUFACTURED HOUSING Thank you for spending the time with me explaining the sequence of events leading up to the situation regarding the movement of "older" homes into your community. Several members of our Association were concerned when they understood that the movement of all prefabricated homes was under consideration. Since home manufacturers supply a considerable number of homes built in your state, and in your city, the matter was of some concern to us. To acquaint you with the numbers involved; 4,590 factory built, pre-cut, panelized or modular homes were erected in the state of Minnesota in 1980. That represents 24% of the total of 19,030 homes built in your state last year. Since home manufacturers sell their homes directly to local home builders who finish them and offer them for sale, any additional regulations on this business would fall directly on your local citizens. On the basis of our conversation, I'm certain that is not your intention. To acquaint you and members of the City Council with manufactured housing, I am enclosing several copies of our GUIDE TO MANUFACTURED HOMES and a statistical report published in THE RED BOOK OF HOUSING MANUFACTURERS. I hope this information is helpful to you. If I can be of any further service, please don't hesitate to call on me. Joh R. Kupferer/1 Executive Vice President JRK/jr Enclosures bc: Walter Ekblaw 0. Z. Oliver L. M. Carusone Roger Pauly, Lang, Pauly & Gregorson, Ltd.10/ Will I.C. 51-395 PROJECT COST BREAKDOWN AND ASSESSMENT DATA PROJECT COSTS Sanitary Sewer $49,000 Watermain 46,600 Streets & Drainage 106.,700 Total Project Cost $202,300 ASSESSABLE LOTS Platted lots in Kirk Meadows Addn. Former Church Parsonage Inuanuel Church Total Assessable Lots 19 lots 1 5.5 25.5 EST. ASSESSMENT RATES $1,921 Sanitary sewer 1,828 Watermain 4,184 Street restoration, including — 7111 concrete curb and gutter --1,000 City credit for lots developed prior to June, 1971 6,933 520 Plus sewer and water trunk assessment (this covers part.of the City's costs for sewer trunk,lift stations, water plant, reservoirs and trunk mains) • $7,453 Net estimated assessment per lot CS-17L -‘64.L.-. 7 • 4947. • • c4-trL".• -teary' • 441A. • •tram, - cool: - -Zvi- • . •172t1r: etlor • VAX:: 7-Kitt• 7- ' -Witt • 014. • *-1791-17 • 1440/." 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C -,-z cool i'.• x 541 - • 7- ---. :•:: : --.12.6E: " :::--1- . - 024; ..- --t--1- -,-- trItmga-11;:itA-7:4041' • • -17 ( i 1 - - 5' • • - ve -Li rict/crpfi 4-• , 7 0001 0001' 7 Veriliesacc; Ca:twit/1g .1.23 .L.:istmoultAt 1=a15 41i 1,21mObtrit • 9,1A126,trA tiMej =Wry% ON • Ilakerh tfarASC • Inarsse -L - - --rrasaLlen "%mum; • : • vgariroc) • . . rf--7411 1St- 2-S ciaS I f\S•ti 46,g _1.5 1.-sv-all.r4cr J.roinarsols-Prii , . 'T(' f)..) Cr pi, v'i ME ,m0RANDUM TO: Mayor and City Council FROM: Acting City Manager John D. Frane SUBJECT: Council Agenda for Tuesday, March DATE: III. A - Recommend the Council consider approval of items on the Consent Calendar. IV. A. Suggest the Council continue this item to the 7th of April at which time the CPT proposal and the 169/212 official map will be discussed. IV. B. All documents are in order and have been reviewed by our City Attorney. Recommend the Council consider adopting Resolution No. 81-46. IV. C. This proposal has been reviewed by the Planning Commission and the Commission recommends the Council consider approval. Recommend the Council give a 1st Reading to Ordinance No. 81-06 and adopting Resolution No. 81-44. IV. D. Recommend the Council consider vacating that portion of Sunnybrook Road in Olympic Hills 6th Addition by adopting Resolution No. 81-50. IV. E. Notices have been sent to the affected property owners and City Engineer Jullie will be present to outline the project to you. Recommend the Council consider the adoption of Resolution No. 81-52. V. Recommend the Council consider approval of Payment of Claims. VII. A. The City Attorney will be present to update the Council on house moving regulations. VIII.C.1.Recommend the Council consider approval of the lease for the liquor store at the Preserve Village Mall. VIII.C.2.Recommend the Council consider the changes in the radio system as outlined in my memo. VIII.C.3.Recommend the Council consider the addition of a clerk in the Public Safety Department as outlined in memo attached. VIII.D.I.Recommend the Council consider authorization for readvertising as outlined in Mr. Lambert's memo. VIII.D.2.Mr. Lambert will report to the Council the recommendations of the Parks, Recreation & Natural Resources Commission from their March 2nd meeting. IIII1.0.3.Recommend the Council consider approval of the concession/storage facility. JOHN D. FRANE February 27, 1981 TA/NC.LUL Correct, approve and file minutes of Council meeting held Tuesday, March 3, 1981. 44- 2 VIII.D.4.Recommend the Council approve the request for funds from the Eden Prairie Athletic Association in the approximate amount of $500.00. VIII.D.5.Recommend the Council consider the change order request as outlined in Mr. Lambert's memo. VIII.D.6.Mr. Lambert will be present Tuesday evening to answer any questions the Council may have pertaining to his memo. VIII.E.1.Recommend the Council consider awarding the bid to Mennen Construction, the low responsible bidder, in the amount of $445,744.25. VIII.E.2 Recommend the Council consider awarding the bids to the lowest responsible 3.bidders as outlined in Mr. Jullie's memos, and that the projects are on target budget-wise. VIII.E.4.Recommend awarding the bid for a front end loader to the low responsible bidder, Borchert/Ingersoll, in the amount of $88,352.00 with the additional purchase of wide tires for $3,055.00. JDF:jp Attachments UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 17, 1981 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen Acting City Manager John D. Frane, City Attorney Rick Rosow, Planning Director Chris Enger, Dir- ector of Community Services Bob Lambert, City Engineer Carl Jullie, City Forester Stuart A. Fox, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Paul Redpath was absent I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: VIII. D. 3. Amendment to Menard's Developer's Agreement. The following items were removed from the Regular Agenda and placed on the Consent Calendar: E. 1st Reading of Ordinance No. 81-05, amending Ordinance No. 248 ado.ting 1979 State Building Code (formerly VII. B.); F. Resolution No. 81-38, final approval for Munici al Industrial Development Bonds in the amount of $970,000.00 for Minnesota Industrial Tools(Richard W. Cohen) (formerly VII. C.); G. Consider bids for water supply wells, Contract No. 1, I.C. 51.354 (Resolution No. 81-39) (formerly VIII. F. 1.); H. Receive feasibility report and set hearing date for street improvements on Hilltop Road, I.C.51-380 (Reso- lution No. 81-41) (formerly VIII. F. 2.) MOTION: Edstrom moved, seconded by Bentley, to approve the agenda as'amended and published. Roll call vote: Bentley, Edstrom, Tangen, and Penzel voted "aye". Motion carried unanimously. II. MINUTES A. Special Eden Prairie City Council meeting held Thursday, January 22, 1981 MOTION: Moved by Bentley, seconded by Edstrom, to approve the minutes of the Special Council Meeting held Thursday, January 22, 1981. Motion carried unanimously. B. Regular Eden Prairie City Council meeting held Tuesday, February 3, 1981 Page 5, para. 1: add: "and to report back on March 3rd." after "law" on line 3; page 7, last para, add as last sentences: "Bentley asked whether or not this Agreement changes the status of any of the homeowners in the Anderson Lake Park site. Staff said it remains unchanged."; p. 8. para. 1, line 6: "if" should be "is". MOTION: Moved by Edstrom, seconded by Tangen, to approve the minutes of the February 3, 1981 Council meeting as amended and published. Motion carried unanimously. 63? City Council Minutes -2- February 17, 1981 C. Special Eden Prairie City Council meeting held Wednesday, February 11, 1981 MOTION: Bentley moved, seconded by Edstrom, to approve the minutes of the February 11, 1981 Special City Council meeting. Motion carried unanimously. III. CONSENT CALENDAR A. Request to set Public Hearing for March 17, 1981 for Municipal Industrial Development Bonds in the amount of $350,000.00 for S. & D. Properties B. 2nd Reading of Ordinance No. 80-30, rezoning 2 acres from Rural to Office for an office building for Single Tree Office by Willys Holmquist and developers agreement C. Policy on Park Facility Reservations D. Resolution No. 81-42, approving the final plat for Menard's Addition Replat E. 1st Reading of Ordinance No. 81-05, amending Ordinance No. 248 adopting 1979 State Building Code (formerly VII.B.) F. Resolution No. 81-38, final approval for Municipal Industrial Development Bonds in the amount of $970,000.00 for Minnesota Industrial Tool (Richard W. Cohen) (formerly VII. C.) G. Consider bids for water supply wells, Contract No. 1, I. C. 51-354 (Reso- lution No. 81-39) (formerly VIII. F. 1.) H. Receive feasibility report and set hearing date for street improvements on Hilltop Road, I. C. 51-380 (Resolution No. 81-41) (formerly VIII. F. 2) MOTION: Tangen moved, seconded by Edstrom, to approve items A - H on the Consent Calendar. Roll call vote: Bentley, Edstrom, Tangen, and Fenzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. Condemnation of Diseased Elm Trees marked in 1980 (Resolution No. 81-37) Stuart Fox, City Forester, stated that he has an updated list as some home- owners have taken care of the removal of their trees and others will do so to avoid going through the bid process. Mike Carmody, 8595 Mitchell Road, asked for more time to remove his diseased trees as he has a considerable number of them. Fox said that the bids are based on the number of trees to be cut down on a given property and that this is the number on which the assessment is based. He also noted that the use of elm for firewood is prohibited unless it is debarked. MOTION: Bentley moved, seconded by Tangen, to close the public hearing and to adopt Resolution No. 81-37. Motion carried unanimously. 639 City Council Minutes -3- February 17, 1981 B. MTS/MCC Industrial Campus by MIS Systems Corporation and Magnetic Controls Company. Request for PUP Concept approval of industrial and commercial uses upon 158 acres. Located southeast of Mitchell Road and TH 5. (Resolution No. 81-35) John Worrell of Brauer and Associates presented the proposal on behalf of MIS and MCC. Planning Director Enger said that the Planning Commission had reviewed the proposal at its January 12, 1981 meeting and had voted 5-0 to recommend approval to the City Council of the PUD concept request subject to the recommendations of the January 9, 1981 Staff Report. Community Services Director Lambert stated that the Parks, Recreation and Natural Resources Commission had voted to approve the concept PUD plan at its January 19, 1981 meeting with the addition of an amendment to insure a trail easement north of West 78th Street to TH 5. Bentley asked what portion of West 78th Street would be built by MTS/MCC? Worrel replied that it would be that portion which falls within their property boundaries, not the entire connection to the present TH5/West 78th Street junction. They would petition the City to have it built and assessed against the property owners. Paul Strand, MIS, and Frank Kiesner, MCC, spoke about the space needs of their respective companies in the next two to five years. Edstrom asked how firm the Highway 212 corridor shown on the map is. Enger responded that the most recent oping Document" shows the one on the map as one of several alternatives. Discussion centered on the effects of the 212 corridor on this property. Mayor Penzel stated that the Council has always taken action whereby the 212 corridor is maintained as it has been felt that it is in the best interest of the community to provide for a 212 corridor. Bentley noted that the 212 Highway is on again, off aga.in and now we have strong commitments by companies within the community and yet no firm decision by the State Highway Department as to just where the corridor will go. Edstrom said that if it were not for the Highway,it is a wonderful plan. Vicky Koenig, 7239 Topview Road, asked that the wetland and pond areas be saved. Edstrom suggested that representatives of the State Highway Department and Metropolitan Council be invited to the March 3, 1981 meeting to discuss the Highway 212 issue, and to let them hear what the problems are. MOTION: Bentley moved, seconded by Edstrom, to continue the public hearing to March 3, 1981 at which time representatives from the State Highway Depart- ment and the Metropolitan Council will be invited to attend to discuss the Highway 212 corridor. Motion carried unanimously. 540 City Council Minutes -4 - February 17, 1981 C. Eden Glen by Jesco, Inc. Request for PUD Concept approval of commercial and office uses upon 15 acres. Located between Eden Road and Single Tree Lane, -West of US 169/212. (Resolution No. 81-36) John Shardlow of H. Dahlgren and Associates presented the proposal on behalf of Jesco, Inc. He introduced Ralph Werner and Joe Quinlan from Jesco, Inc. and Paul Blais, landscape architect with Dahlgren and Associates. Planning Director Enger stated that the Planning Commission voted 5-0 to approve the PUD concept plan at its January 12,1981 meeting subject to the recommendations of the Staff Report dated January 9, 1981 and with the addition that the internal service road be completed prior to occupancy of any of the buildings. He also noted that in checking with the Department of Natural Resources they have found that Lake Idlewild Is not shoreland so it does not come within the Shoreland Management Ordinance; and that recommendation should be stricken from the Staff Report. Community Services Director Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this on February 2, 1981 and expressed a great amount of concern about preserving the oak trees in the northwest corner of the PUD -- to the extent that they suggested a bond be posted to cover the replacement of such trees. The Parks, Recreation & Natural Resources Commission voted unanimously to approve the Eden Glen PUD con- cept in accordance with Staff recommendations. Edstrom questioned the feasibility of signalized intersections at close Intervals along TH 169 between West 78th Street/494 and Singletree Lane. City Engineer Jullie said it is a matter of dollars and that several inter- sections could be signalized if the money were available. Bentley was concerned about the amount of fill which has been dumped on the site over the past year. Jullie explained that the initial grading which occured was done without a City permit, but that now a permit is in effect and the grading and filling is now legal. The question of a corridor of fast food restaurants was raised by Council- man Bentley. Planning Director Enger reviewed the classes of restaurants and pointed out that there are already other uses in the area so it would be less than likely that the strip effect would occur. MOTION: Edstrom moved, seconded by Bentley, to close the public hearing and to adopt Resolution No. 81-36, approving the request for PUD Concept approval of commercial and office uses upon 15 acres. Motion carried unan- imously. D. Vacating a portion of Plaza Drive (Resolution No. 81-40) City Engineer Jullie spoke to the proposal. MOTION: Moved by Bentley, seconded by Tangen, to close the public hearing and to adopt Resolution No. 81-40, vacating a portion of Plaza Drive and re- lated drainage and utility easements in the Menard Addition. Motion carried unanimously. City Council Minutes -5- February 17, 1981 V. PAYMENT OF CLAIMS NOS. 5164 - 5359 MOTION: Tangen moved, seconded by Bentley, to approve the Payment of Claims Nos. 5164 - 5359. Roll call vote: Bentley, Edstrom, Tangen and Penzel vote! "aye". Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS A. TH 169/212 Task Force - Representative of the TH 169/212 Task Force and representative from the Metropolitan Council to present official TH 212 map for adoption by City Council. No representatives were present. Item continued. VII. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 80-27, Park Use Ordinance (Con't. 2/3/81) Mayor Penzel explained that this item had been delayed due to the "Happenings" arriving late. Vicky Koenig, 7239 Topview Road, requested that Sec. 4, Item E. be amended to read "It is illegal to kill, trap, pursue, capture or remove any wildlife except as authorized by permit". The reason for this amend- ment is to prevent use of the leg hold trap. Director of Community Services Lambert explained a leg hold trap. The concensus was that this would be best handled by way of a Resolution. MOTION: Tangen moved, seconded by Edstrom, to give 1st reading of Ordinance No. 80-27, Park Use Ordinance. Motion carried unanimously. * MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 81-43, stating the City Council's opposition to the use of leg hold traps. Motion carried unanimously. B. 1st Reading of Ordinance No. 81-05, amending Ordinance No. 248 adopting 1979 • State Building Code - moved to Consent Calendar as item III. E. C. Resolution No. 81-38, final approval for Municipal Industrial Development Bonds in the amount of $970,000.00 for Minnesota Industrial Tool (Richard W. Cohen) - moved to Consent Calendar as item III. F. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Mayor Penzel brought Council members up to date on the two late resumes. It was agreed not to consider #89 or #90 because their resumes arrived after the cut off date. Penzel stated that he has contacted the remaining candidates and arrangements are now underway to have them come to Eden Prairie for personal interviews. 4112 City Council Minutes -6- February 17, 1981 1. Appointments a) Board of Appeals & Adjustments - 1 representative to serve a three year term commencing 3/1/81 The names of Bruce Brill, Louis Levine, and Richard Lynch were placed into nomination. Upon tabulation of ballots, Richard Lynch was selected to serve on the Board of Appeals & Adjustments. MOTION: Tangen moved, seconded by Edstrom, to cast a unanimous ballot for the appointment of Richard Lynch to the Board of Appeals & Adjustments. Motion carried unanimously. b) Building Code Board of Appeals - 1 representative to serve a three year term commencing 3/1/81, and 1 representative to fill an un- expired term to 2/28/82 MOTION: Moved by Edstrom, seconded by Bentley, to appoint Donald W. Hadd to the three year term and Ralph W. Werner to the unexpired term on the Building Code Board of Appeals. Motion carried unanimously. c) Development Commission - 2 representatives to serve three year terms commencing 3/1/81 MOTION: Eentley moved, seconded by Edstrom, to appoint Roy Terwilliger and Bill Behrenbrinker to the Development Commission. Motion carried unanimously. d) Flying Cloud Airport Advisory Commission of Eden Prairie - 3 represent- atives to serve three year terms commencing 3/1/81 (1 from the Flying Cloud Businessmen's Association, .1 from the Metropolitan Airports Commission, and 1 citizen of Eden Prairie) MOTION: Edstrom moved, seconded by Bentley, to appoint Larry Degner to a three year term representing Flying Cloud Businessmen's Association, Claude Schmidt to a three year term representing Metropolitan Airports Commission, and F. E. Shafer to a three year term as a citizen of Eden Prairie. Motion carried unanimously. e) Historical & Cultural Commission - 2 representatives to serve three year terms commencing 3/1/81 MOTION: Edstrom moved, seconded by Tangen, to appoint Helen Richter and William John Placko to the Historical & Cultural Commission. Motion carried unanimously. f) Human Rights & Services Commission - 2 representatives to serve three year terms commencing 3/1/81 and 1 representative to serve an unexpired term to 2/28/83 MOTION: It was moved by Edstrom, seconded by Bentley, to appoint • Marcia Lockman and Larry Simenson to three years terms on the Human Rights & Services Commission. Motion carried unanimously. 543 City Council Minutes -7- February 17, 1981 The names of Mary Beth Buckman and Fred Baumann were placed in nomination for the unexpired term on the Human Rights & Services Commission. Upon tabulation of ballots, Fred Baumann was selected to serve on the Human Rights & Services Commission. MOTION: Edstrom moved, seconded by Bentley, to cast a unanimous ballot for the appointment of Fred Baumann to the Human Rights & Services Commission. Motion carried unanimously. Parks, Recreation & Natural Resources Commission - 2 representatives to serve three year terms commencing 3/1/81 The names of Jeanette Mika, Marge Friederichs, Philip Parsons, Allen Upton, Jesse Schwartz, Jr., and Mary Beth Buckman were placed in nom- ination. Upon tabulation of ballots, Marge Friederichs and Jesse Schwartz, Jr. were selected to serve on the Parks, Recreation & Natural Resources Commission. MOTION: Moved by Edstrom, seconded by Bentley, to cast a unanimous ballot for the appointment of Marge Friederichs and Jesse Schwartz,Jr. to the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. h) Planning Commission - 2 representatives to serve three year terms commencing 3/1/81 MOTION: Tangen moved, seconded by Edstrom, to cast a unanimous ballot for the appointment of Matthew Levitt and Virginia Gartner to the Planning Commission. Motion carried unanimously. B. Report of City Attorney There was no report. C. Report of Acting City Manager 1. Utility connection at 15500 North Eden Drive Acting City Manager Frane explained the situation and the procedure the City is following in expediting the matter. MOTION: Moved by Tangen, seconded by Edstrom, to order the connection to be made to the city sewer at 15500 North Eden Drive and to instruct the Staff develop an assessment schedule. Roll call vote: Bentley, Edstrom, Tangen, and Penzel voted "aye". Motion carried unanimously. 6q City Council Minutes -8- February 17, 1981 D. Report of Planning Director 1. Report on Metropolitan Council's review of Eden Prairie's Guide Plan Planning Director Enger referred to the memo of February 12, 1981 regarding this matter. The changes which would be required for our plan to be in conformance with theirs appear to be changes with which we can live, and fall into the areas of transportation, sewers, the airport, the MUSA line and the housing plan. Director of Community Services Lambert explained the mandatory change required by the Metropolitan Council in the area of parks: "Riley Lake Park must be classified as a regional park, and references to the total acreage of the park must be corrected to 204 acres." Lambert explained that the City has 60 days to appeal the modification, the deadline being March 23, 1981. If Eden Prairie does not appeal this modification, the law requires the adoption of the plan with required modification within nine months of the completion of the Metropolitan Council's review. MOTION: Bentley moved, seconded by Tangen, to begin proceedings to appeal the modification being required by the Metropolitan Council re- garding the classification of Riley Lake Park including the preparation of necessary information and appearing before the necessary bodies. Motion carried unanimously. MOTION: Moved by Bentley, seconded by Edstrom, to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. 2. City Hall Master Plan Planning Director Enger spoke to his memo of February 12, 1981 regarding the scope of professional services necessary for evaluating City Hall, Public Safety, and the Public Water building. MOTION: Edstrom moved, seconded by Tangen, to authorize Staff to draw up a detailed "Request for Proposal" and solicit quotes; services for which shall not exceed $10,000. Roll call vote: Bentley, Edstrom, Tangen and Penzel voted "aye". Motion carried unanimously. 3. Amendment to Menard's Developer's Agreement Planning Director Enger explained the situation regarding the Menard request that they be allowed 5 years to either complete the retail stores as originally proposed or brick the northeast wall as required by the Development Agreement and Ordinance #135. MOTION: Moved by Edstrom, seconded by Bentley, to amend item #10 of the Menard, Inc. Development Agreement giving them 5 years in which to complete the retail stores or brick the northeast wall as originally proposed in the December 5, 1978 Development Agreement; and that a bond in the amount of 150% of the projected cost be posted. Motion carried unanimously. City Council Minutes -9- February 17, 1981 E. Report of Director of Community Services 1. Award bid for Round Lake Park Shelter Community Services Director Lambert explained that the estimated cost of the Round Lake Park Shelter was considerably lower than the bids which were opened on February 13, 1981. The question now is whether to make further cuts in the building as it is presently designed or to send it back to the architect and have him redesign it as a stick built building. City Attorney Rosow stated that the changes which Lambert had discussed with the low bidder, Robert 0. Westlund, are substantial enough to re- quire rebidding the project. Gary Nyberg, Smiley Glotter Associates, answered questions about the various design aspects. MOTION: Edstrom moved, seconded by Bentley, to continue this item to the March 3, 1981 meeting. Motion carried unanimously. F. Report of City Engineer 1. Consider bids for water supply well, Contract No. 1, E. C.51-354 (Resolution No. 81-39) - moved to Consent Calendar as item III. G. 2. Receive feasibility report and set hearing date for street improvements on Hilltop Road, I. C. 51-380 (Resolution No. 81-41) - moved to Consent Calendar as item III. H. IX. NEW BUSINESS 1. Athena Awards This annual dinner honoring outstanding girl athletes will be held at . the Bloomington Marriott Hotel on April 9th. The Council has been asked to send a representative. Paul Redpath was selected to represent the Council at this dinner. X. ADJOURNMENT MOTION: Moved by Tangen, seconded by Bentley,to adjourn the meeting at 11:43 p.m. Motion carried unanimously. ,-• CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 3, 1981 CONTRACTOR (Multi-family & Comm.) PLUMBING Custom Systems, Inc. Herliev Helle Kraus Anderson of St. Paul Libbey & Libby Co. Quadra Construction & Design Wilson Learning Corporation CONTRACTOR (1 & 2 Family) Bolles Construction, Inc. C4 Corporation Dean Johnson, Builders Herliev Helle Lake West Construction Kenneth D. Lenzen Northwestern Builders, Inc. Personalized Construction Co. Reynolds Construction Ruscon Homes, Inc. Teri Homes, Inc. Waters & Associates Zachman Homes, Inc. HEATING & VENTILATING Air Associates Carver Heating & Air Conditioning Del Air Conditioning, Inc. Farmers Heating & Cooling, Inc. Golden Valley Heating & Air Conditioning K & K Heating & Plumbing, Inc. Nielson Heating & Air Conditioning George Sedgwick Heating & Air Conditioning Sunburst Heating & Air Conditioning, Inc. Trane Home Comfort Center GAS FITTERS Air Associates Carver Heating & Air Conditioning, Inc. Del Air Conditioning, Inc. Farmers Heating & Cooling, Inc. K & K Heating & Plumbing, Inc. Nielson Heating & Air Conditioning. George Sedgwick Heating & Air Conditioning Trane Home Comfort Center Ken Boutin Plumbing Daleiden Plumbing & Heating Doc's Plumbing Co. Dolder Plumbing & Heating Ford & Sons Plumbing Co. June Plumbing & Heating K & K Heating & Plumbing, Inc. Bill Londer Plumbing Co. Project Plumbing John Scherer Plumbing Schulties Plumbing Solar Mechanical Spetz & Berg, Inc. Town A Country Plumbing & Heating Valley Plumbing CIGARETTES & TOBACCO Acorn Vending FOOD HANDLERS LICENSE - TYPE A Gelco Corporation Hennepin County Vocational Center Jerry's Foods Interstate United Corporation Physical Electronics FOOD HANDLERS LICENSE - TYPE B Northwest Cinema Theatre Corp. PDQ Food Store FOOD HANDLERS LICENSE - TYPE C PDQ Food Store RETAIL CANDY OUTLET POO Food Store Jerry's Foods VENDING MACHINES Anderson Cornelius Co. CPT Corporation Gelco, Corporation POQ Food Store tscri Clerk's License Application List Page two MECHANICAL DEVICES Hennepin County Vo-Tech Center GARBAGE & REFUSE COLLECTIONS Able Sanitation, Inc. Jacobson Sanitary Service KENNEL LICENSE Judy Bersie Harold Jenkins Dennis Peterson WATER SOFTENER LICENSE Twin City Softner Service, Inc. DRIVE IN THEATRE LICENSE Northwest Cinema Theatre Corp. These licenses have been approved by the department head responsible for the licensed activity. Pat Solie, Licensing Clerk itriT Eide's Knoll RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA . Ordinance No. 80-29 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, situated in the County of Hennepin, Sta t e o f M i n n e s o t a , The North four hundred and sixteen feet of the East two hundred and ei g h t f e e t of the Northwest quarter of the Southwest quarter of Section 9, T 116, R 2 2 , Hennepin County, Minnesota, shall and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District. Section 2. The above-described property shall be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating t o the 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 Ede n Prairie on the 18 day of November, 1980, and finally read and adopted a n d o r d e r e d published at a regular meeting of the City Coundil of said City on the day of 1981. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1981. . rtict EIDE'S KNOLL Dec. 1980 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1980 by and between ORRIS O. EIDE & CAROLE J.EIDE , husband and wife, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS. Owner has applied to City to rezone from Rural to R1.13.5 approximately 2 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop and plat the property into 4 lots for single family residences. NOW THEREFORE, in consideration of the City adopting Ordinance No. 80-29, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1: Owner shall plat and develop the property in conformance with the material dated March 21, 1980 reviewed and approved by the City Council on November 18, 1980 and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part thereof. 3. Owner shall final plat the property to include a ten foot wide storm sewer and walkway easement between lots 3 and 4, as depicted in green on Exhibit B. 4119A STATE OF MINNESOTA1 SS. COUNTY OF HENNEPIN The foregoing instrument was aCknoweldged rob. 1981 by Orris Eide and Are me this If day of '412.tliW,'..hUban&undAdfe. C. NYHATAMTI NOWT 11::LIC • kUNNFSOTA . liEtrirTN COUNTY My Commis:len T.riret him inlyvrarreert 550 Developer's Agreement-tide's Knoll page 2 4. Owner shall dedicate to City on final plat for public right-of-way a strip of the property 8 feet wide abutting Valley View Road and extending from the westerly line to the easterly line of the property. S. Lots 2, 3, A 4, Exhibit B. shall be subject to cash park fee payment as in item III, Exhibit C. 5. Owner shall install and maintain an erosion control barrier equal to or greater than depicted on Exhibit B. as 'staked haybales'. Said erosion control plan shall be subject to review and approval of the Riley-Purgatory Creek Wershed District. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY: Wolfgang H. Penze , Mayor STATE OF MINNESOTA i SS. COUNTY OF HENNEPIN John D. Frane, Acting City Manager The foregoing instrument was acknowledged before me this day of , 1981 by Wolfgang H. Fenzel, the Mayor and John D. Frane. the Acting City Manager of the City of Eden Prairie, a municipal corpora- tion on behalf of the corporation. - Notary Public OWNER: SeIZ tOr 0. Eide 64;4) The North 416 feet of the East 208 feet of the Northwest quarter of the Southwest quarter of Section 9, T 116, R 22, Hennepin County, Minnesota. EXHIBIT A al ••••"' No , 2,05. GS trkA.4.1 Storm Sewer & Walkway Easement staked haytales 55-2 DEVELOPER'S AGREEMENT EXHIBIT C . page 1 of 5• • I. Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding.areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, • location of walks, trails and any property to be deeded to the City. I . . Owner shall submitdetailed 66-siitiction and storm sewer. • plans to the Riley-Purgatory Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $ 325 per lot . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition • of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. 1/30 Page 2 of 5 Exhibit C V. A. All sanitary sewer, watermain and storm sewer facilities, concrete curb,,gutters, sidewalks and other public utilities ("improvements") to be made and constructed on or within the prope'rty and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engin- eer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or 19 . Upon com- •pletion and acceptance, Owner warrants and guarantees the improve- ments against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be deliver- ed to the City Engineer within 60 days of completion thereof to- gether with *a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and specifications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees corn- - pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited • to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the.estimated construction cost of said inprove7.ents, subject to reduction thereof to an 'amount equal to 25% of the cost of the improvements after atceptance thereof by the City Engineer, and re- ceipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B, In lieu of the obligation imposed by subparagraph V.A. above, Owner may submit a 100% petition signed by all owners of the property, re- questing the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any property which is or shall be.ded- 55v page 3 of g Exhibit C icated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improve- ments, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grad- ing work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials ex- pended in connection with the rough grading. The amount of the ' bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City .Engineer. C. Prior to release of final plat, Owner shall pay to City fees for first two year street lighting (public streets) engineering re- • view and street signs. . VI. A. Owner shall remove all soil, and debris from, and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during the period commencing, May 1 and ending October 31, of each year, until such time as such streets and improvements therein are accepted for ownership and maintenance by City. B. Within 20 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of , • 2 stakes per roll of sod) that part of the property lying between said curb and a line 18 inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 1/2" for each foot from the curb line. . Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accept- ed for ownership and maintenance by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of.6 feet on either side of the center of the swale. C. The bond of letter of credit provided in paragraph V A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI. VII. Owner shall file this Agreement with the Register of Deeds or Register of Titles and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon with 60 days from the date of this Agreement. VIII. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with item VII. hereof, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. 553- X. 4;4 • . 8/21/E0 Page 4 of 5 Exhibit C • IX.' Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: XI. In the event there are or will be constructed on the property, 2 or. more streets, and if permanent street signs have not been installed, Owner shall install temporary street signs in accordance with recommendations of the City Building Department, prior to the issuance Of any permit to build upon the property. • • • All improvements including .grading, seeding, planting, landscaping, equiping, and constructing of any structure to or upon any of the property or other lands to be conveyed or dedicated to the City or for which an easement is to be given to the City , for park or other recre- ational purposes, shall be completed by Owner & acceptable to the Director of Community Services and shall be free and clear of any lien, claim, change, or encumbrance, including any for work, labor, or ser- • vices rendered in connection therewith or material or equipment sup- plied therefore on or before the later of, 2 years from the date hereof or , 19_._. Upon comments against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period the warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects In materials or workmanships shall be determined by the Director of Community Services. Acceptance of improvements by the Director of. Community Services may be subject to such conditions as he may impose at the time of acceptance.. Owner, through his engineer, shall-provide for competent daily inspection during the construction of all improve- ments. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and the extension of the period to three (3) ears in the event of any defect during said 2 year • period, and acceptance of the improvements by the Dir- ector of Community Services shall be 125% of the estim- ated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the Dir- ector of Coomunity Services. The bond or letter of credit shall be in such form and contain such other provisions and terms s may be required by the Director of Community Services. The Owner's registered engineer shall make and submit for approval to the Director of Community Ser- Vices a written estimate of the costs of the improvements. XII. 55(, Bentec Office' RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 81-02 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, situated in the County of Hennepin, State of Minnesota, Lots 11 and 12, Block 3, Yorkshire Point shall be and hereby is removed from the Rural District and shall be included hereafter in the Office District. • Section 2. The above-described property shall be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the Office 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 fden Prairie on the 20 day of January, 1981, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1981. Wolfgang H. Penzel, Mayor ATTEST: JOhn Crane, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1981. 56-T Bentec Office DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1981 by and between JOHN A. BENEDICT, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", • WITNESSETH: WHEREAS, Onwer has applied to City to rezone from Rural to Office approximately 2 acres, situated in Hennepin County, State of Minnesota, more fully described as Lots 11 and 12, Block 3, Yorkshire Point, hereafter referred to as "the property", and WHEREAS, Owner desires to replat the property and use it for office purposes. NOW THEREFORE, in consideration of the City adopting Ordinance No. 81-02, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall replat, develop, and use the property for office purposes in conformance with the material dated November 18, 1980 reviewed and approved by the City Council on January 20, 1981 and attached hereto as Exhibit A, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by . Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit B. attached hereto and made a part thereof. 3. Owner shall install 16 hard surface parking spaces as depicted In red on Exhibit A. 4. Owner shall make all improvements required by the City Building Code within 1 year of the date of this Agreement. 5 53 AAA. "A TIMOTHY W. PIER S CE AtP,11 NOTARY PUBLIC • 1AINNESOTA \,47411,, HENNEPIN COUNTY Nes>, my commmion Doss ott 2 1 . 1 223 Developer'sAgreement-Bentec Office page 2 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY: Wolfang H. Penzel, Mayor John D. Frane, Acting City Manager STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1981 by Wolfgang H. Penzel, the Mayor and John D. Frane. the Acting City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. . Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The ,fordgoing instrument was acknowledged before me this i>77 day of , 1981 by John A. Benedict, Owner. 560 1 .•• tOl.c.r.LI RE21,,I.L1 Cr evr 1-0-.1. %,4 N•C•ce ,c Lwow,: remIT I MGM KRUEGER G AGGOGItl'ES. INC. •••••n •• : • ...••••• t PLec •'• • EXHIBIT A November 18, 1980 510 1 DEVELOPER'S AGREEMENT EXHIBITB page 1 of 5 I. Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1".100' scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. Owner shall submit detailed construction and storm sewer plans to the Riley-Purgatory Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $1,400 per acre . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. 1/80 1/80 IMIND Page 2 of 5 Exhibit B V. A. All sanitary sewer, watermain and storm sewer facilities, concrete curb, gutters, sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engin- eer for approval. All of the improvements shall be completed by Owner 8 acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or 'equipment supplied therefore on or before the later of, 2 years from the date hereof or • 19 . Upon com- pletion and acceptance, Owner warrants and guarantees- the improve- ments against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be deliver- ed to the City Engineer within 60 days of completion thereof to- gether with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and specifications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer, and re- ceipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B, In lieu of the obligation imposed by subparagraph V.A. above, Owner may tubmit a 100% petition signed by all owners of the property, re- questing the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any property which is or shall be ded- 56 3 Page 3 of g Exhibit II icated to the public, over , a five year period. Prior to the award of any contract by the City for the construction of any improve- ments, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grad- ing work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials ex- pended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. C. Prior to release of final plat, Owner shall pay to City fees for first two year street lighting (public streets) engineering re- view and street signs. VI A. Owner shall remove all soil, and debris from, and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvements therein are accepted for ownership and . maintenance by City. B. Within 20 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a line 18 inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 1/2" for each foot from the curb line. • Owner shall maintain the sod, fiber blanket, topsoil, and grade until Such time as the streets and improvements in the property are accept- ed for ownership and maintenance by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of 6 feet on either side, of the center of the swale. C. The bond or letter of credit provided in paragraph V A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI. VII. Owner shall file this Agreement with the Register of Deeds or Register of Titles and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon with 60 days from the date of this Agreement. VIII. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with item VII. hereof, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. 54 11 1/80 8/21/80 Page 4 of 5 Exhibit B • . ,1X. Provisions of this Agreement shall be binding upon a n d e n f o r c e a b l e a g a i n s t Owner, its successors, and assigns of the property h e r e i n d e s c r i b e d . X. Owner represents and warrants it owns fee title to t h e p r o p e r t y f r e e and clear of mortgages, liens and other encumbrance s , e x c e p t : XI. In the event there are or constructed on the property, 2 or more streets, and if permanent street signs have not be e n i n s t a l l e d , O w n e r shall install temporary street signs in accordance w i t h r e c o m m e n d a t i o n s of the City Building Department, prior to the issu a n c e o f a n y p e r m i t t o build upon the property. All improvements including grading, seeding, plan t i n g , l a n d s c a p i n g , equiping, and constructing of any structure to or u p o n a n y o f t h e property or other lands to be conveyed or dedicated t o t h e C i t y o r f o r which an easement is to be given to the City for par k o r o t h e r r e c r e - ational purposes, shall be completed by Owner & acc e p t a b l e t o t h e Director of Community Services and shall be free an d c l e a r o f a n y l i e n , claim, change, or encumbrance, including any for wo r k , l a b o r , o r s e r - vices rendered in connection therewith or material o r e q u i p m e n t s u p - plied therefore on or before the later of, 2 years f r o m t h e d a t e h e r e o f or , 19 . Upon comments against any defect in materials or workmanship for a period of two (2) years follow i n g s a i d c o m p l e t i o n and acceptance. In the event of any defect in mate r i a l s o r w o r k m a n s h i p within said 2 year period the warranty and guarant e e s h a l l b e f o r a p e r i o d of three (3) years following said completion and a c c e p t a n c e . D e f e c t s In materials or workmanships shall be determined b y t h e D i r e c t o r o f Community Services. Acceptance of improvements by t h e D i r e c t o r o f . Community Services may be subject to such conditio n s a s h e m a y i m p o s e at the time of acceptance.. Owner, through his engi n e e r , s h a l l - p r o v i d e for competent daily inspection during the construct i o n o f a l l i m p r o v e - ments. Prior to final plat approval, or issuance of a n y b u i l d i n g p e r m i t , if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees c o m - pletion of all improvements within the times provid e d , • upon the conditions, and in accordance with the ter m s of this subparagraph V. A., including but not limi t e d to, a guarantee against defects in materials or work - manship for a period of two (2) years following co m - pletion and the extension of the period to three (3) fears in the event of any defect during said 2 year period, and acceptance of the improvements by the Di r - ector of Community Services shall be 125% of the es t i m - ated construction cost of said improvements, subjec t t o reduction thereof to an amount equal to 25% of the c o s t . of the improvements after acceptance thereof by t h e D i r - ector of Coumunity Services. The bond or letter of c r e d i t shall be in such form and contain such other provis i o n s and terms As may be required by the Director of Com m u n i t y Services. The Owner's registered engineer shall ma k e and submit for approval to the Director of Communi t y S e r - Vices a written estimate of the costs of the improv e m e n t s . XII. 546 1/80 9/10/80 Page 5 of 5 Exhibit El XIII. Owner acknowledges that the rights of City to performance of obligations . of owner contemplated in this agreement are special, unique and of an extraordinary character; and that in the event that owner violates or :fails or refuses to perform any covenant, condition or provision made by him herein, City may be without an adequate remedy at law. Owner agrees, therefore, that in the event he violates, fails or refuses to perform any covenant, condition or provision made herein, City may, at its option, Institute and prosecute an action to specifically enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or'more remedies shall not constitute .a waiver of any other remedy. XIV. Any term of this agreement that is illegal or unenforceable at law or in equity shall be deemed to be vOid and of no force and effect to the extent necessary to bring such term within the provisions of any such applicable law or laws, and such terms as so modified and the balance of the terms of this agreement shall be fully enforceable. XV. Owner shall, prior to the commencement of any improvements, provide written notice to Minnesota Cablesystems Southwest, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Minnesota Cablesystems Southwest c/o Pepham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402. 514 ARMSTRONG, TORSETH, SKOLD AMI RYDEEN, NC. ARCHITECTS / ENGINEERS am MON PAEPAOF1144. NOHOW MINNEAPOLIS, MINNESOTA 55422 PHONE Ella 545-3131 February 25, 1981 City of Eden Prairie Department of Administration 8950 Eden Prairie Road Eden Prairie, MN Re: CPT Corporate Facilities Expansion Gentlemen: On Monday evening, February 23, 1981, the Eden Prairie Planning Commission reviewed the CPT application for 1-5 PUD and approved the same. We request the public hearing with the City Council as required for final approval. Very truly yours, 56'7 ARMSTRONG, T01;6‘H, SKOLD AND RYDEEN, INC. KLS/clg cc: files Kenneth L. Skold•John C. Torsch *James E. RydeeneKennith E. Grabow•LoRoy H. Palinquist•HaroId E. Shult•DomildL Amor* TO: FROM: DATE: REGARDING: City Council Jean Johnson, Assistant Planner February 26, 1981 PLAN STUDY ZONING AROUND THE CO RD 4/TN 5 INTERSECTION Yearly since 1976 the City Council has conducteepublic hearings reinstating properties around Co. Rd. 4 and TN 5 into PLAN STUDY DISTRICT (PS). The PS Zoning will lapse in March of 1981. The Planning Commission initiated the rezoning of the properties back into PS District at their February 23, 1981 meeting. Attached is a map encompassing the affected properties. JJ:ss 614 PARCEL 1 .2 3 4 OWNER McCubrey Twiss & Associat, Mason, H.T. Gonyea Invt. 5 6 SuperAmerica 7 8 Kamstra Amoco Oil Birchwood Lab. 9 C 0 R invt. J .'S/1 41‹ "344.4. •.; • • north ; • 0% • . • • .• • ! PLAN STUDY • alln By 10110 11311-07116 LAW °VISCID LAND, PAULY & QREQLRDN. LTD. 4110S IDS MINNEAPOLIS. MINNESOTA I. LAPIS PAULY DAVID IM 1111014A50 F. 1110110W LAWRILNOC J. OOOOO LINO February 18, 1981 Mr. John Frane City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Circle Rubber Company Industrial Revenue Bond Project Dear Mr. Frane: I have reviewed the Assumption Agreement submitted under cover of Gilbert Whitmer's letter of January 14, 1981. The City did previously execute an agreement consenting to the merger of Circle Rubber Company into a wholly owned subsidiary of Fluoro- carbon Company with Circle Rubber being the surviving entity. This agreement provides for the merger of Circle into Fluorocarbon. The Assumption Agreement is in accordance with the Loan Agreement and has been consented to by the lendor. Isuggest that the matter be pfaced on the council's next agenda with a resolution authorizing the acting manager and mayor to execute and deliver the Assumption Agreement. Very truly,yours, RFR/bh Please send a copy of the fully executed agreement to me. Retain one original for your files and send two originals to Gilbert Whitmer. 610 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-45 A RESOLUTION AUTHORIZING THE ACTING MANAGER AND MAYOR TO EXECUTE AND DELIVER THE ASSUMPTION AGREEMENT BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the Acting Manager and Mayor are authorized to execute and deliver the Assumption Agreement for Circle Rubber. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of March, 1981. Wolfgang H. Penzel, Mayor ATTEST SEAL John D. Frane, Clerk 671 512. MEMO TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council John Frane, Acting City Manager Carl Jullie, City Engineer February 27, 1981 Agreement with MWCC Regarding Watermain Crossing The extension of the City's well field and collector lines requires that a 24" water line cross under the Metro Waste Control Commission's 66" sanitary sewer interceptor line at a location just south of Valley View Road and east of the Chicago-Northwestern Railroad. A permit from the MWCUis required for this crossing and a further requirement for issuance of such permit by MWCC is approval of thb City of the attached Agreement. Rick Rosow, from Mr. Pauly's office, is reviewing the Agreement and he will nOte to the Council on Tuesday evening any changes that may be hecessary. Recommend approval of attached Agreement with MWCC. • CJJill • Attachment AGREEMENT THIS AGREEMENT, made and entered into this 3rd . day of March 1981, by and between 1ETROPOLITAN WASTE CONTROL COMMISSION, a Metropolitan Commission established pursuant to the provisions of Chapter 13, Laws 1975, (NSA 473.501 et seq), whose address is 350 Metro Square Building, Saint Paul, Minnesota, hereinafter referred to as the "COMMISSION," and CITY OF EDEN PRAIRIE, a Municipal Corporation of the State 6f Minnesota, County of Hennepin, hereinafter referred to as the "CITY." WITNISSETH: WHEREAS, the CITY proposes to construct improvements consisting of a 24 inch well collector line on the Commission's Sanitary Sewer Interceptor Easement located in the City of Eden Prairie, County of Hennepin, State of Minnesota; all of which improvements are hereinafter referred to as "The Improvements." NOW, THEREFORE, in consideration of the mutual covenants'contained therein, the parties hereto agree as follows: 1. The COMMISSION hereby consents to the construction of The Improvements. subject to the following; (a) That plans and specifications for the construction of The Improvements be submitted for approval to the COMMISSION prior to the construction nd made Exhibit "A" to this Agreement; 2. The cm agrees to construct The Improvements In such a manner as not to interfere with the oepration and maintenance of the COMMISSION'S existing sanitary sewer. 3. Not less than seven (7) days prior to the commencement of The Project, the CITY agrees to give written notice to the COMMISSION of its intention to commence construction of The Improvements, said notice to be directed as follows respectively: 573 Director of Construction Metropolitan Waste Control Commission 350 Metro Square Building St. Paul, Minnesota 55101 4. The CITY hereby grants to the COMMISSION the right to enter onto its property and any easements and ripht-of-ways that it may have obtained for the construction of The Improvements for the purPoie of itispecting any aspect of the construction for the purpose of determining whether such are in compliance with this Agreement. 5. The CITY grants to the COMMISSION, its successors and assigns, the right of reasonable access over and across all property above described for access to said sewer for inspection, operation, maintenance and repair thereof. In the event damage is caused to CITY property as a result of the COMMISSION'S exercise of its right to access under this Agreement, the commission agrees to restore CITY property to the condition existing immediately prior to the exercise of right of access by the. COMMISSION here- under. 6. The COMMISSION agrees to keep said sewer in good operating condition and to repair and to pay all normal costs of operation, maintenance and repair thereof. The CITY agrees to pay any extraordinary maintenance and repair costs incurred by the COMMISSION with respect to'said sewer which are caused by the construction or existence of The Improvements over and across the COMMISSION'S easement. 7. The CITY agrees that, if said sewer is damaged or destroyed by its actions, or those of its contractors, agents, employees or invitees, it will pay the reasonable cost of any repairs or reconstruction made necessary by such actions. 6 74 . 8. The CITY agrees and covenants that the CITY shall at all times protect the COMMISSION, its members, officers, agents, servants and employees from, •covenents and agrees to indemnify and hold harmless the COMMISSION and its members, officers, agents, servants and employees against any loss, damage, destruction or impairment of its sanitary sewer or other property or any injury or death of any person that may be occasioned by any cause whatsoever In connection with the construction of said Improvements. The CITY releases the COMMISSION, its members, officers, agents, servants or employees from, agrees that the COMMISSION, its members, officers, agents, servants and employees shall not be liable for and covenants to hold harmless the COM- MISSION, its members, officers, agents, servants and employees against any expense or damages incurred because of any lawsuit or occasioned by any other cause whatsoever in connection with the construction of said Improvements. The CITY agrees that in any contract it shall let covering the performance of the work herein provided, it will require that its contractor shall carry comprehensive liability insurance with personal injury limits sufficient to adequately indemnify all losses in a sufficient amount to protect both COMMISSION and the CITY by means of a contractual liability endorsement attached to and made a part of such policy, and evidence thereof shall be furnished to the COMMISSION and the CITY before work called for by this Agreement is commenced. 9. The CITY agrees and covenants that the CITY shall at all times protect the COMMISSION, its members, officers, agents, servants and employees against any loss, damage ., destruction of impairment of its sanitary sewer or other property or any injury to or death of any person that may be occasioned by any cause whatsoever in connection with the construction of The Improvements or use 615. thereafter of The Improvements. The -CITY releases the COMMISSION, its)mmnbers, officers, agents, servants and employees from, agrees that the C O M M I S S I O N , its members, officers, agents, servants and employees shall not b e l i a b l e f o r and covenants to hold harmless the COMMISSION, its members, officers, agents, servants and employees against any expense or damages incurred b e c a u s e o f a n y lawsuit or occasioned by any other cause whatsoever in connection w i t h t h e construction of said Improvements or use thereafter of said Improv e m e n t s . IN WITNESS WHEREOF, the parties have hereto executed the foregoin g A g r e e m e n t the day and year above first written. METROPOLITAN WASTE CONTROL COMMISSION By Its Chief Administrator By Its Chairman CITY OF By its Mayor Approved as to Form: By City Manager legal Counsel By Partner 6.76 March 3, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 1 ' RESOLUTION NO. R81-51 A RESOLUTION APPROVING FINAL PLAT OF OLYMPIC HILLS SIXTH ADDITION WHEREAS, the plat of Olympic Hills Sixth 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 Olympic Hills Sixth Addition is approved upon compliance with.the recommendation of the City Engineer's Report on this plat dated February 25, 1981 B. Variance is 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 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 thier 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 ATTEST: Wolfgang H. Penzel, Mayor SEAL John D. Frane, Clerk 6'77 CITY OF EDEN PRAIRIE Engineering Report on Final Plat TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council John Frane, Acting City Manager Carl Jullie, City Engineer February 26, 1981 .Olympic Hills Sixth Addition PROPOSAL: The Preserve is requesting City Council approval of the final plat of Olympic Hills 6th Addition. The addition consists of 53 lots within an area of approximately 63 acres, located in the south 1/2 of Section 23. The preliminarily approved Olympic Hills 6th Addition consisted of 84 lots being developed by a co-partnership of The Preserve and Olympic Hills Corporation. This phase of the addition consists of the portion currently owned by The Preserve. Outlots D and E will be dedicated to the City, in conformance with the Developers Agreement, as a wildlife and open space corridor. The future use of Outlots A, B and C is covered in the Open Space Agreement. HISTORY: The preliminary plat was approved on January 22, 1980, per Council Resolution No. R80-14. Zoning to R1-13.5 was finally read and approved by the City Council on July 1, 1980, per Ordinance No. 080-03. The Developer's Agreement referred to within this report was executed on July 1, 1980. An Open Space Agreement between the developert -and the City was executed on July 1, 1980. VARIANCES: A variance from the requirements of Ordinance No. 93, Sec. 8. Subd. 1, waiving the six month maximum time elapse between the approval datt of the preliminary plat and filing of the final plat will be necessary. UTILITIES AND STREETS: The requirements for the installation of utilities and streets are covered in the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement and the Open Space Agreement. 671 CJJ1f1 2 BONDING: The requirements for bonding are covere d i n t h e D e v e l o p e r ' s Agreement. A Performance Bond ensuring the installation of * a t e r m a i n a n d r o a d w a y connections to Franlo Road by June 1, 1984, will b e r e q u i r e d p r i o r to release of the final plat. RECOMMENDATION: Recommend approval of the final p l a t o f O l y m p i c H i l l s Sixth Addition, subject to -the requirements of this report, the Developer's Agreement and the following: 1. Receipt of cash deposit for street lighting in th e a m o u n t of $2,217.00 2. Receipt of fee for City engineering in the amount o f $1500. 3. Approval of Resolution No. p81-50, vacating a par t o f Sunnybrook Road. 4. Receipt of warranty deeds for Outlots D and E, con c u r r e n t with filing of final plat. 679 TO: Mayor and Council FROM: John Frane DATE February 28, 1981 RE: MIDB's for G.R. Partnership - $1,500,000 The G. R. Partnership intends to construct a 48,000 square foot office/ warehouse/production space. The partners, each holding a 1/6 interest in the project, intends to lease about 52% of the space to Reynolds Printing which is owned by Robert and Richard Reynolds, 2 of the G.R. partners. The total project cost is $1,775,000; the property is zoned -1-2 Park which Is correct for the intended use. Reynolds Printing is presently located at 7340 Washington Avenue South in Eden Prairie and is seeking additional space now and for future expansions. Resolution Mo. 81-46 is attached for your consideration. 510 CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: - a. Business Name - b. Business Address - G. R. Partnership 140 W. 98th Street Bloomington, Minnesota c. Business Form (corporation, partnership, sole p r o p r i e t o r - ship, etc.) - General Partnehship d. State of Incorporation or organization - Minnesota e. Authorized Representative - Daniel Ruppert t. Phone - (612) 881-1500 2. NAME(S) AND ADDRESSES OF NIAJoR sToclatouns OR PRINCIPALS: a. Robert Reynolds, 9273 W. 153rd St., Prior Lake, MN 55372 b. Richard Reynolds, 2310 Tower View Circle, Bloomington, MN 55 4 3 8 C . James Reynolds, 9042 Highland Creek Rd., Bloomington, MN 554 3 8 d. Leo Hoffmann, 10248 Colorado Rd., Bloomington, MN 55438 e. David Phillips, 4883 Martindale Dr., Prior Lake, MN 55372 f. Daniel Ruppert, 3031 Long Meadow Circle, Bloomington, MN 55 4 2 0 -1- 58 ( JIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: Reynolds Printing, Inc. will occupy 52% of the space. The balance of the space will be leased to various tenants until the growth of their business necessitates expansion. Reynolds Printing, Inc. does commercial and advertising printing and publication printing for manufacturers and advertising agencies throughout the Midwest area. 4. DESCRIPTION OF PROJECT One-story, owner-occupied business center containing 48,200 square feet of gross building area with 15% office space and 85% production space. a. Location and intended .use: 7071 through 7093 Shady Oak Rd., LeParc Addition - 4 acres - owner occupied business center. b. Present ownership of project site: Galaxy Developers, Inc. c. Names and address of architect, engineer, and general contractor: Architect: BE Architects, Inc., P.O. Box 219, Lake Elmo, MN 55042 Engineer: Mayeron Engineering, 3006 Hennepin Ave., Minneapolis, MN 55408 General Contractor: Galaxy Developers, Inc., 140 W. 98th St., Bloomington, MN 5542.7 5. ESTIMATED PROJECT COST MR: Land $. 320,000 Building 916,000 Equipment 375,000 Other 164,000 Total 1,775,000 ' —2-. 512 130ND ISSUE - The economic feasibility of operating the project would be significantly reduced at the high cost of borrowing conventional financing. a. Amount of proposed bond issue - S1,500,000 b. Proposed date of sale of bond - April 1, 1981 c. Length of bond issue and proposed maturities 30 years d. Proposed original purchaser of bonds - The purchaser of the bond issue has not been determined at this time. Miller & Schroeder Municipals, Inc. is the placement agent. e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - N/A g. Describe any interim financing sought or available - Construction loan will be placed with a banking institution. h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? Reynolds Printing, Inc., who will occupy 52% of the space, is currently located in Eden Prairie. b. Number of employees in Eden Prairie? i. Before this project: 26 -3- 53 ii. After this project? 70 C. Approximate annual sales - 1979 . $693,000 As of July 31, 1980 $620,000 d. Length of time in business 31/2 Years in Eden Prairie 33 Years e. Do you have plants in other locations? If so, where? No f. Are you engaged in international trade? No 8. CTEER INDUSTRIAL DEVELMENT PROJECT(S): None 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 "rebated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. None -4- 51 0 o. List all cities in which the A p p l i c a n t h a s r e q u e s t e d industrial revenue developmen t f i n a n c i n g . None • c. Detail the status of any r e q u e s t t h e A p p l i c a n t h a s b e f o r e any other city for industrial d e v e l o p m e n t r e v e n u e f i n a n c i n g . None d. List any city in which the Ap p l i c a n t h a s b e e n r e f u s e d industrial development revenue f i n a n c i n g . None e. List any city (and the projec t n a m e ) w h e r e t h e A p p l i c a n t has acquired preliminary appro v a l t o p r o c e e d b u t i n w h i c h final approval authorizing the f i n a n c i n g h a s b e e n d e n i e d . None -5- f. If Applicant has been denied industrial de v e l o p m e n t revenue financing in any other city as i d e n t i f i e d in (d) or (e), specify the reason(s) fo r t h e d e n i a l and the name(s) of appropriate city off i c i a l s w h o have knowledge of the transaction. None 9. HAULS AND ADDRESS OF: a. Underwriter (If public offering) N/A b. Private Placement Purchaser (If private placement) Miller & Schroeder Municipals, Inc. 7900 Xerxes Avenue So. Minneapolis, MN 55431 i. If lender will not commit until City h a s ' passed its preliminary resolution app r o v i n g ' the project, submit a letter from propo s e d lender that it has an interest in the offering subject to appropriate City approval and approval of the Commission e r of Securities. b. Bond Counsel c. Corporate Counsel - d. Accountant - Larkin, Hoffman, Daly & Lindgren 1500 NFC 7900 Xerxes Avenue South Minneapolis, MN 55431 Edward Tischlerder Ince, Tischlerder & Associates 140 West 98th Street Minneapolis, MN 55420 Paul Bangasser Comprehensive Accounting 140 W. 98th Street Bloomington, MN 55420 • 10. WHAT IS YOUR TARGET DATE FOR: a.. Construction start - April 1, 1981 b. Construction completion - October 1, 1981 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that t h e a p p r o v a l o r disapproval by the City of Eden Prairie fo r I n d u s t r i a l Development bond financing does not enres s l y o r i m p l i e d l y constitute any approval, variance, or waive r o f a n y p r o v i s i o n or requirement relating to any zoning, bui l d i n g , o r o t h e r r u l e or ordinance of the City of Eden Prairie, o r a n y o t h e r l a w applicable to the property included'in this p r o j e c t . G. R. Partnprehir Applicant January 19, 1981 Date RESOLUTION GIVING PRELMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT TO BE ACQUIRED, CONSTRUCTED, AND FINANCED UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA CMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. it is hereby found, determined and declared as follows: (1) G. R. Partnership, a Minnesota general partnership (the Company) has presented to the City a proposal to acquire land as the site for, and to construct and equip a new building at 7071-7093 Shady Oak Road in the City to be used for production, warehousing and offices (the Project). The Company presently estimates the cost of the Project to be approximately $1,775,000. (2) The Company proposes that financing for the Project be provided under the Minnesota Municipal Industrial Development Act, Chapter 474, of the Minnesota Statutes (the Act) by the issuance of revenue bonds under the Act (Revenue Bonds) in the approximate amount of $1,500,000. (3) The existence of the Project would increase the tax base of the City, County and School District in which the City is located, and would provide opportunities for employment for residents of the City and surrounding area. (4) The City has been advised by the Applicant and its agents that conventional commercial financing to pay the capital costs of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of financing under the Act, and its resulting low borrowing costs, the Project is econo- mically more feasible. (5) On the basis of discussions with representatives of the Company and Miller & Schroeder Municipals, Inc., as agent for the Company for the private placement of tax-exempt bonds to finance the Project, the Council is advised that industrial development revenue bonds of the City could be issued and sold on a private placement basis upon favor- able rates and terms to finance the Project. (6) The City is authorized by the Act to issue its revenue bonds to finance Projects consisting of property used and useful in connection with a revenue producing enterprise, such as that proposed by the Company, and the issuance of such bonds by the City would be a sub- stantial inducement to the Company to carry out the Project. 6.71 (7) The purpose of the Project is, and the effect thereof will be, (a) to promote the public welfare for the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; (b) the development of indus- try to use the available resources of the community, in order to retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, edu- cated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing govern- mental services and facilities; (c) and the more intensive development of Land available in the area to provide an adequate tax base to finance increases in the amount and cost of governmental services provided by the City, the County and the School District in which the City is located. (8) The Company has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner of Securi- ties; whether or not the Project is carried to completion; and whether or not the bonds or operative instruments are executed. (9) Pursuant to and in compliance with the Act, a public hearing on the proposal was held on March 3, 1981, (Public Hearing) pursuant to notice of the Public Hearing being published once not less than fif- teen (15) days nor more than thirty (30) days prior to the date fixed for the Public Hearing, in the official newspaper and a newspaper of general circulation of the City. (10) At the Public Hearing all parties who appeared were given an opportunity to express their views with respect to the proposed under- taking and financing of the Project. (11) In anticipation of the approval by the Commissioner of Securities and the issuance of the Revenue Bonds to finance the Project, and in order that completion of the Project will not be unduly delayed when approved, the Company states that it may make expenditures and advances toward payment of that portion of the cost of the Project to be financed from the proceeds of the Revenue Bonds as the Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City. 2. On the basis of information given to the City by the Company, it appears that it would be in the best interests of the City to issue its Indus- trial Development Revenue Bonds under the provisions of the Act to finance the Project of the Company. 3. The Project is hereby given preliminary approval by the City, and the issuance of Revenue Bonds for such purpose and in the amount estimated to be necessary to pay the cost of the Project is approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this body, the Company, and the initial purchasers of the bonds as to the details of 2 . 50 the bond issue and provisions for their payment. In all events, it is under- stood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon the property of the City except the Project, and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable only from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. In accordance with Minn. Stat. 474.01, Subd. 7, the mayor and the city clerk are hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for approval. The mayor, city clerk, city attorney and other officers, employees and agents of the City and bond counsel, are hereby authorized to provide the Commissioner with any preliminary informations she may need for this purpose, and the city attorney is authorized to initiate and assist in the preparation of such documents as may be appro- priate to the Project, if it is approved by the Commissioner of Securities. 5. Nothing in this resolution or in the documents, prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest, are pay- able solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 6. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will issue the bond as requested by the Company. 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 interests of the City not to issue the bond or should the parties to the transactions be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 7. All commitments of the City expressed herein are subject to the condi- tion that within twelve months of the date of adoption of this Resolution the City and the Company shall have agreed to mutually acceptable terms and condi- tions of the revenue agreement, the Bonds and of the other instruments and proceedings relating to the bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the bonds are not sold within such time, this Resolution .shall expire and be of no further effect. 3. 590 4. 591 Adopted by the City Council of the City of Eden Prairie, Minnesota, this day of , 1981. WOE ATTEST: CITY CLERK 591 approved Planning Commission Minutes -3- Jan. 26, 1981 ALL MEMBERS PRESENT. C. PRESERVE CENTER 3RD ADDITION, by The Preserve: Inc. Request to divide an outlot zoned RN 6.5 into 2 lots for 2 duplex buildings and rezone the 25' of outlot R; Lake Eden, from Rural to RN 6.5. Located in the southwest corner of Anderson Lakes Parkway and Preserve Boulevard. A public hearing. The Planner explained the additional 25' and reviewed the request. Levitt asked what this outlot is designated in the Guide Plan. The Planner replied medium density residential. MOTION 1 . Retterath moved to close the public hearing on Preserve Center 3rd Addition. Gartner seconded, motion carried 7-0. MOTION 2 lietterath moved to recommend to City Council approval of the plan and rezoning dated January 15, 1981 as per the staff report of January 23, 1981. Gartner seconded, motion carried 7-0. STAFF REPORT TO: FROM: DATE: SUBJECT: PROPONENT: PROJECT LOCATION: REQUEST: REFER TO: Planning Commission Chris Enger, Director of Planning January 23, 1981 PRESERVE CENTER 3RD ADDITION The Preserve South and west of Preserve Blvd. and Anderson Lakes Parkway (and the Muriel Humphrey Residences) Rezoning from Rural to RM 6.5 for the easterly 25 feet. Replatting of Lot 1, Block 2 of Preserve Center 2nd Addition and the eastern portion of Outlot R of Lake Eden South. Development Submission Material When the Preserve Center 2nd Add. was approved in 1980, the area west of P r e s e r v e Blvd. was platted as Lot 1 Block 2. This lot was only 88 feet deep. Since the ordinance requires 100 feet of depth in the RN 6.5 zone, this was not to be a buildable lot without additional depth. The west lot line of the old lot w a s the western boundary of the drainage and utility easement which runs nor t h / s o u t h through the site. The Preserve has acquired an additiona125 foot wide strip west of the ut i l i t y easement to bring the lots up to the required minimum depth. The land west of this proposal is owned by Universal Land Corporation. T h i s adjoining land had been given a preliminary plat approval and rezoning f i r s t reading. .The second reading of the zoning ordinance was never given bec a u s e the 'developer refused to sign the development agreement. Since both this plat and Neill Woods 2nd Addition encroach significantly i n t o the plan proposed by Universal Land (Lake Heights Addition) and change th e plan, these sales to the Preserve will void Lake Heights Addition prelim i n a r y approvals. The lots are of a size which conforms to Ordinance 135. And duplex devel o p m e n t will be a completion of Preserve Center 2nd Addition. RECOMMENDATIONS The Planning Staff recommends approval of the request for rezoning of the easterly 25 feet of Lake Eden and the Preliminary Platting of two lots to be known as Preserve Center 3rd Addition, subject to the following: 1. The developer shall build according to all city ordinances. 2. The developer is fully aware of all easements, R.O.W.s and soil problems a n d will not request setback variances. Coulon lot line variances for dupl e x unit ,.. may be considered by the Board of Appeals. CE:ss 593 Very truly yours, "PRESERVE k-t:e . -Lee W. Johnson • January 23, 1981 Mr. Chris Enger, City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Preserve Center 3rd Addition Zoning Dear Chris: The strip of land adjacent to Lot 1, Block 2, Preserve Center Second, that we purchased to facilitate platting without variances, has only had the first reading for RM 6.5 zoning by its prior owners. We have been advised that it is cleaner to start from scratch and rezone this strip, even though there will be no construction on this part of the lots. Therefore please request the City Council to hold a public hearing, with the necessary notices, at their earliest con- venience. LWJ/j1 59L1 1771 Anderson Lakes Parkway, Eden Prairie, Minnesota 55344 . • (612) 9412001 11111 Anderson Lakes Parkway, Eden Prairie, Minnesota 55344 • (612)941-2001 Theresern January 13, 1981 Eden Prairie Planning Commission Eden Prairie City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Ladies and Gentlemen: The land west of Preserve Boulevard in Preserve Center Second Addition was platted with the understanding that the lot depth was below the minimum requirement of Ordinance #135 and no building permits would be issued under a variance request. The Preserve was negotiating for additional adjacent land at the time. This transaction is completed and we are now submitting a rPolat for two double bungalow lots. The land is zoned RM 6.5, no variances will be required and sewer and water services are in- stalled to the property line. We urge your prompt and favorable consideration. Very truly yours, THE PRESFRVE - Lee W. Johnson LWJ/j1 LII _Lj • "UMW TT • rrT1 Franlo- Ffdad t, 7)7 Proposed School Site Nesbitt Preserve Notlir/leergher I , Wilidgrcipe ,Apartments rid Propose Prairie Luthidn Church — 116Mt irrio I rothrey Re.si Dienc4 s Basswooe Proposed Lakes P4-, èpeill Lake artme, ultiple Ridgekwo COndorrin. L erson_ Pre Proposed_ Proposed Multiple Neill Lake The Preserve 11111 Anderson Lakes Parkway 51rya Eden Aherte.rAnnesota 5S344 11r121 941.2001 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-44 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRESERVE CENTER 3RD ADDITION • BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Preserve Center 3rd Addition dated January 26, 1981 , a copy of which is on file at the City Hall 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 Ctty Council on the day of 19 . Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL 591 March 1„. 1.4111 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA . RESOLUTION NO. R81-5O RESOLUTION VACATING A PORTION OF SUNNYBROOK ROAD WHEREAS, the City of Eden Prairie has certain right-of-way described as follows: That part of the plat of Sunnybrook Road lying easterly of the East line of Registeres Land Survey #1041. WHEREAS, a public hearing was held on March 3, 1981 as required by law, and WHEREAS, it has been determined that good area planning requires that said right-of-way be vacated and that it would be in the public interest to do so. NOW, THEREFOR, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Sunnybrook Road as above described is hereby vacated. 2. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion on the proceedings and shall be recorded in accordance with the provisions of M.S.A. 117.19. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 591 I. n•• • . 0.4 (40 1 0) 0-49 • 040) (2) " fr., • •r• 716 (81.0) (6) • CI cj V. z 0 tr. Cf, por f,04. OF Juttily two, VaCLied N - I:gre .‘ J • WO. -R oa d ft, be 5qg ; Cro • • tt. to / •••• eee .W. aohnson Vice President Engineering LWJ/j1 cc: Larry Peterson Tom Arneson, BRW LOU January 6, 1981 Mr. Carl Jullie, P.E. Dity Engineer City of Eden Prairie 8950 Eden Prairie Road • Eden Prairie, MN 55344 Dear Carl: We will be requesting Olympic Hills 6th Addition Final Plat approval on the February 17 Council Agenda. Part of old Sunnybrook Road lies within this plat and does not conform to the approved preliminary plat. Therefore we must petition the City to -vacate the portion lying within the plat. The legal description would be as follows: Vacate that part of the plat of Sunnybrdok Road lying east of the east line of R.L.S. 1041. • • . . :Please request the Council to authorize the necessary.publications ' and notices and set a public hearing for, this vacation at the February 17 meeting. -Very.truly y ---- ' THE PRESERVE TO: THROUGH: FROM: DATE: SUBJECT: Mayor Fenzel and:Members of the City Council John Frane, Acting City Manager Carl Jullie, City Engineer February 26, 1981 Proposed Improvements-on Luther Way and Meadow Lane I.C. 51-395 We enclose the attached memo of February 6, 1981, together with the formal public hearing notice, which was mailed to all property owners listed on the preliminary assessment roll for this project. The feasibility report covering this project was included with the Council packets for the February 5 -meeting. The owners of ten lots in the project area have signed a petition for these improvements. There are twenty lots in the total project area, plus the Immanuel Lutheran Church site. CJJ:kh Attachments Mach 3, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-52 RESOLUTION ORDERING IMPROVEMENTS (I.C. 51-395) WHEREAS, a resolution of the City Council adopted the 3rd day of February, 1981, fixed the 3rd day of March, 1981, as the date for a public hearing on the following proposed improvements: I.C. 51-332, .Utility improvements on Luther Way and Meadow Lane WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing through two weekly publications of the re- quired notice and the hearing was held and property owners heard on the 3rd day of March, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement as above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and speci- fications for the making of such improvement. ADOPTED by the Eden Prairie City Council on Wolfgang H. Fenzel, Mayor ATTEST: SEAL John D. Frane, Clerk 102- • CITY OFFICES / 8950 EDEN PRAIRIE ROAD / EDEN PRAIRIE, MINNESOTA 55344 / TELEPHONE 161219374252 • 11Ell0 DATE: February 6, 1981 TO: Property Owners on Luther .Way and Meadow Lane FROM: City of Eden Prairie Engineering Dept: SMUT: Proposed Sewer and Water Improvements and Street Restoration, I.C. 51-395 Please be advised that in response to a petition signed by several proper t y owners in your neighborhood, the Eden Prairie City Council has scheduled a public hearing on the above referenced improvement project for Tuesday, March 3, 1981, 7:30 P.M. at the City Mall. Attached is a copy of the project location map which shows the proposed utilities and those prop- erties to be served. Also enclosed is the formal public hearing notice. A feasibility report covering the proposed improvements has been prepare d by the City Engineering Dept. staff and was presented to the City Counci l . The report, which is available for public review at the City Hall, descr i b e s the scope of the proposed construction and gives the estimated costs and assessment rates. The following is a breakdown of the estimated assessment costs per lot: $1,921 Sanitary sewer 1,828 Watermain 4,184 Street restoration, including concrete curb and gutter - 1,000 City credit for lots developed prior to June, 1971 6,933 520 Plus sewer and water trunk assessment (this covers part of_the City ri-costs for sewer trunk, lift stations, water plant, reservoirs and trunk mains) 0,453 Net estimated assessment per lot •••n 40 3 The following is a schedule of annual and average monthly payments of principal and interest assuming a 17 -year spread at 8.5%, $7,453 principal: YEAR BALANCE 1 17.453.00 2 7,014.59 3 6,576.18 4 6,137.77 5 5,699.36 6 5,260.95 7 4,822.54 8 4,384.13 9 3,945.72 10 3;507.31 11 3,068.98 12 2,630.57 13 2,192.16 14 1,753.75 15 1,315.34 16 876.93 17 438.4/ PRINCIPAL PAYMENT 438.41 • • • • • • • • • • • • • • • • INTEREST PAYMFNT 633.51 596.24 558.98 521.71 484.45 447.18 409.92 372.65 335.39 298.12 260.86 223.60 186.33 '149.07 111.80 74.54 3S.27 TOTAL YEARLY PAYMENT 1.071.92 !,034.65 997.39 960.12 - 922.86 885.59 848.33 811.06 773.80 736.53 699.27 662.01 624.74 587.48 550.21 512.95 475.68 AVERAGE MONTHLY PAYMENT 89.33 86.22 83.12 80.01 76.91 73.80 70.69 67.59 64.48 61.38 58.27 55.17 52.06 48.96 45.85 42.75 39.64 If you have any questions, comments or suggestions about the proposed improvements prior to the hearing, please call my office at 937-2262 or stop in at the City Hall. Thank you, Carl J. &Ole, P.E. Director of Public Works CJJ:kh cog March 3, 1981 STATE OF MINNESOTA Cy ' OF EDEN PRAIRIE CLIATY OF HENNEPIN The following accounts were audited and allowed a s f o l l o w s : 5360 GOLD MEDAL BEVERAGE CO. 5361 UNIVERSITY OF MINNESOTA 5362 MINNESOTA ENERGY CONFERENCE 5363 TWIN CITY WINE CO. 5364 ED. PHILLIPS & SONS CO. 5365 GRIGGS, COOPER & CO., INC. 5366 PAUSTIS & SONS 5367 JOHNSON BROTHERS WHOLESALE LIQUOR 5368 MINNESOTA DISTILLERS, INC. 5369 OLD PEORIA COMPANY, INC. 5370 MIDWEST WINE CO. 5371 ZACHMAN HOMES 5372 MINNESOTA RECREATION & PARK ASSOC. 5373 VOID OUT CHECK 5374 STANDARD 5375 MINNESOTA DEPARTMENT OF P/S 5376 MINNESOTA DEPARTMENT OF P/S 5377 INTERCONTINENTAL PACKAGING 5378 TWIN CITY WINE CO. 5379 PAUSTIS & SONS ) JOHNSON BROTHERS WHOLESALE 53d1 ED PHILLIPS & SONS CO. 5382 MIDWEST WINE CO. 5383 GRIGGS, COOPER & CO., INC. 5384 CALCULATORS INC. 5385 CREEK KNOLLS PARTNERSHIP 5386 DEPARTMENT OF NATURAL RESOURCES 5387 DEPARTMENT OF NATURAL RESOURCES 5388 NORTHWESTERN NATIONAL BK OF MPLS. 5389 OLD PEORIA-QUALITY WINE CO. 5390 SHAKOPEE BAKERY 5391 FEDERAL RESERVE BANK 5392 MINNESOTA DEPARTMENT OF REVENUE 5393 DEPARTMENT OF EMPLOYEE RELATIONS 5394 PERA 5395 AETNA LIFE INSURANCE & ANNUITY 5396 UNITED WAY OF MINNEAPOLIS 5397 SUBURBAN NATIONAL BANK 5398 UNIVERSITY OF MINNESOTA 5399 COMMISSIONER OF REVENUE 5400 ADVANCE AMBULANCE & EQUIPMENT 5401 ALDY GRAPHIC SUPPLY, INC. 5402 STUART ALEXANDER 5403 CHRISTINE ALLMANN 5404 COURTNEY ALLAR 5 EARL F. ANDERSEN & ASSOCIATES 5406 KATHY ANDERSON 5407 J. ASKLAND Mixes Conference-Community Service Conference-Planning Department Wine Liquor Liquor Wine Liquor Liquor Liquor Wine Mini rink lease-Rec Dept. Volleyball registration Fuel Motor vehicle registration Motor vehicle registration Wine Wine Wine Liquor Liquor Wine Liquor Calculator-Engineering Dept. Land-Franlo Park Fee-Engineering Dept. Fee-Engineering Dept. Bond payment Seminar-Liquor Store Expenses-Fire Dept. Payroll Payroll Payroll Payroll Payroll Payroll Payroll Conference-Community Service January 1981 Sales & Use Tax First aid equipment-Fire Dept. Supplies-Community Service Mileage Refund-Rec Dept. Refund-Rec Dept. Brackets-Park Dept. Refund-Rec Dept. Refund-Rec Dept. 100.0( 43.0: 239.6( 674.4 2,898.7- 120.9. 1,119.5. 1,534.3 , 1,961.7 431.8: 1.0' 180.0.. 10,145.1: 20.IX 7.5: 836.3 125.2 94.9" 1,121. 710.1 815.1 , 425.0 7,951.E 15.0 10.0 330,369.7 50.0 39.'r 15,771.9: 10,691.7. 16,459.3'. 10,733.7: 165.0 52.9 150.0 20.1k 2,420.5 2,533.7 42.7 23.5 . 1.5. 1.0r 17.0 • 1.5( 1.5C, CCZ March 3, 1981 Page two 540R ASSOCIATED OIL BURNER SERVICE 54 ASSOCIATED WELL DRILLERS, INC. 5410 AUTO-HOWE WAREHOUSE CO. 5411 HARTS DISTRIBUTION 5412 BRW 5413 BRW 5414 BEST & FLANAGAN 5415 MICHAEL BRANUM 5416 BROWN PHOTO 5417 BRUNSON INSTRUMENT COMPANY 5418 BUTCH'S BAR SUPPLY 5419 STEPHEN CALHOON 5420 CAPITOL CITY DISTRIBUTING CO., INC. 5421 DONNA CARLSON 5422 CARNEY OFFICE FURNITURE 5423 CASH REGISTER SALES, INC. 5424 CHANHASSEN LAWN & SPORTS 5425 JAMES G. CLARK 5426 COLUMBIA TRANSIT CORP. 5427 COPY EQUIPMENT INC. 5428 CLUTCH & TRANSMISSION SERVICE 54 0 cl CONTINENTAL SAFETY EQUIPMENT, INC. 54 SARA COOPER 5431 CUSHMAN MOTOR COMPANY, INC. 5432 PAUL DENTON 5433 BETH DENTON 5434 A.B. DICK COMPANY 5435 ANN DIEDE 5436 DORHOLT PRINTING & STATIONERY 5437 SARA DUVICK 5438 EDEN PRAIRIE NEWS 5439 EDEN PRAIRIE SCHOOL DISTRICT 5440 DOUGLAS ERNST 5441 TARA FELTL 5442 FINANCE DIVISION 5443 FLEXIBLE PIPE TOOL COMPANY 5444 JOHN FRANE 5445 FRANZ ENGINEERING REPRODUCTIONS 5446 JESSICA FREE 5447 G.L. CONTRACTING, INC. 5448 GARDNER HARDWARE CO. 5449 GENERAL COMMUNICATIONS, INC. 5450 GENERAL ELECTRIC COMPANY 5451 GENERAL ELECTRIC COMPANY 5452 GENERAL OFFICE PRODUCTS COMPANY 5453 DANA GIBBS 5?-1 JAMIE GOOD GOPHER STATE CARPET CLEANING 5456 TAMIE JOE GOVEN 5457 GRAHAM PAPER Equipment repair-Park Dept. 131.16 Service 38.50 Lights-Police Dept. 235.80 Floor cleaner-Fire Dept. 273.25 Service-Valley View Road from T.H. 169 to 37,715.62 I 494, Schooner Blvd.-W 78th Street to Valley View Road, Dell Road, Th#5 & West 78th Street and Mitchell Road, Anderson Lakes Parkway, Homeward Hills Road Service-Schooner Blvd. & Valley View Road Services-Title Search Refund-Rec Dept. Photo finish-Police Dept. SK rod, tape-Engineering Dept. Supplies-Liquor Store Mileage Wine Refund-Rec Dept. Chair & Desk-Engineering Dept. Supplies-Liquor Store Belts, bar-Park Dept. Expenses-Police Dept. Charter bus-Rec Dept. Supplies-Community Service & Eng. Dept. Cable-Street Dept. Equipment-Fire Dept. Refund-Rec Dept. Turf truckster-Park Dept. Refund-Rec Dept. Refund-Rec Dept. Xerox paper-City Hall Refund-Rec Dept. Work station-Police dept, office supplies Refund-Rec Dept. Legal ads Fuel-Street Dept. Fee-Park Dept. Refund-Rec Dept. Aerial maps-Community Service Nozzle-Sewer Dept. Expenses Supplies-Engineering Dept. Refund-Rec Dept. Sludge removal Door closer-Water Dept. City radio equipment Service-Water Dept. Radio transmitters Desk-Engineering Dept. Packet delivery Refund-Rec Dept. Service-Liquor Store Refund-Rec Dept. Paper-City Hall 42,471.0E 720.00 3.50 6.55 160.00 -198.05 23.77 107.75 1.50 367.00 5.16 58.75 18.18 118.00 132.8- 12.47 1.5 - 5,494.0 3.0 3.0 214.0 - 1.5 217.86 1.6 1,069.6 2,632.2 10.5, 1.50 8.00 79.00 123.10 136.57 1.0: 37,965.0, 76.47 783.0' 397.3' 17,516.9 298.1 91.0, 1.5 250.0t 1.6 153.61 coG March 3, 1981 Page three 51 GREENWAY FOUNDATION 5459 HACK 5460 JACK HACKING . 5461 SHANEY HALLICH 5462 KARA HANS 5463 KEISTA & KURT HANS 5464 DIRECTOR OF FINANCE-HENN CTY 5465 HENNEPIN COUNTY CHIEFS OF POLICE 5466 HENNEPIN COUNTY FINANCE DIVISION 5467 HENNEPIN TECHNICAL CENTERS 5468 HOPKINS FIRESTONE DEALER STORE 5469 CAROLYN HUHN 5470 KRISTY & DAVID HUHN 5471 KRISTIE HORN 5472 TRACY HUHN 5473 ERIK HULTING 5474 IMPERIAL, INC. 5475 IBM 5476 ITASCO EQUIPMENT CO. 5477 SARAH IVERSON 5478 WALTER C. JAMES 5479 JARIP CORPORATION 5480 PAULA JENKINS 5481 SARA JENKINS 5482 THERESA JENSEN 54 JERRY'S SUPER VALU 5484 BRENDA JOHNSON 5485 BOYD T. JONES 5486 KELLY SERVICES, INC. 5487 KLEVE HEATING & AIR CONDITIONING 5488 LESLIE KOMARNITZKY 5489 BOB LAMBERT 5490 M.E. LANE, INC. 5491 ALLEN LARSON 5492 LOGIS 5493 MARIA & ABIGAIL LOOSEN 5494 LUND PAINT & DECORATING CENTER 5495 MICHAEL LYON 5496 M M INDUSTRIES, INC. 5497 MAGNEY CONSTRUCTION CO. 5498 RENEE MCLEOD 5499 METRO PRINTING INC. 5500 METROPOLITAN WASTE CONTROL COMM. 5501 METROPOLITAN WASTE CONTROL COMM. 5502 MID-CENTRAL FIRE INC. 5503 MINNESOTA FIRE INC. 5504 MINNESOTA GAS COMPANY 5505 MINNESOTA RECREATION & PARKS 5506 MINNESOTA RECREATION & PARK ASS'N 55n7 MINNESOTA STATE FIRE CHIEFS 5L MINNESOTA TORO, INC. 5509 MINNESOTA VALLEY ELECTRIC CO-OP 5510 M-V GAS COMPANY Supplies-Community Service Supplies-Water Dept. Expenses Refund-Rec Dept. Refund-Rec Dept. Refund-Rec Dept. Rent in lieu of taxes Dues-Police Dept. Board of Prisoners Firefighter training Equipment repair & parts Refund-Rec Dept. Refund-Rec Dept. Refund-Rec Dept. Refund-Rec Dept. Refund-Rec Dept. Electrical repair & parts-Fire & Police Typewriter & Service agreement Supplies-Park Dept. Refund-Rec Dept. Expenses-Fire Dept. Fee-Engineering Dept. Refund-Rec Dept. Refund-Rec Dept. Refund-Rec Dept. Supplies-Rec Dept. Refund-Rec Dept. Refund-Utility bill Temporary help-Finance Dept. Repair furnace-City Hall Refund-Rec Dept. Expenses • Insurance Expenses-Police Dept Service-January 1981 Refund-Rec Dept. Paint-Park Dept. Refund-Rec Dept. Powder car wash soap-Street Dept. Service-Eden Prairie Community Center Refund-Rec Dept. Printing of city maps January 1981 SAC charges March 1981 Sewer Service Fire hoses, wrenches-Fire Dept. Nozzles-Fire Dept. Service Dues-Park Dept. Dues-Rec Dept. Ad-Fire Dept. Belts-Park Dept. Service Fuel-Senior Citizens Center 10.00 36.08 35.97 1.50 1.50 3.00 6,420.00 15.00 420.00 100.00 136.55 1.50 3.00 1.50 1.50 1.50 Dept. 224.6' 2,910.5C, 73.94 1.0C 26.72 10.50 1.5: 1.50 8.0 - 1.5. 105.4. 183.3 1.51 204.8E 16.C. 16.4: 1,901.8E 3.0: 11.0C 24.0C 338.71 293,125.0 1 1.51 824.0, 5,469.7 40,314.0 ,- 2,314.C , 748.7 - 3,701.0 50.0 70.0, 85.01 30.9; 19.31 344.3; , March 3, 1981 Page four ROBERT N. MARTZ 5512 MINNESOTA WANNER COMPANY 5513 MUNITECH, INC. 5514 CONNIE NORMAN 5515 NORTHERN STATES POWER COMPANY 5516 NORTHERN STATES POWER COMPANY 5517 NORTHWESTERN BELL TELEPHONE 5518 DAVID L. OLSON 5519 JENNIE OLSON 5520 KRISTIN & KARIN OLSON 5521 PAULINE OLSON 5522 PDQ STORE 5523 MOLLIE & KATIE PATTYN 5524 PENNY'S SUPERMARKET #25 5525 PRAIRIE OFFSET PRINTING, INC. 5526 PROTECT-AIRE 5527 REGISTER PUBLISHING COMPANY 5528 RIDGE DOOR SALES COMPANY OF MINN. 5529 RIEKE-CARROLL-MULLER ASSOCIATES 5530 RIEKE-CARROLL-MULLER ASSOCIATES 5531 MELINDA & TOM RIPPE 5532 ROSEDALE CHEVROLET 5533 ST. REGIS PAPER COMPANY 5534 KRISTIN SCHNABEL 5515 JAMIE SCHUCHMAN , LISA SEMOTUK 5537 W. GORDON SMITH CO. 5538 W. GORDON SMITH CO. 5539 MICHELLE SMITHSON 5540 SOIL TESTING SERVICES OF MINNESOTA 5541 GUY SPEAKER COMPANY, INC. 5542 STATE OF MINNESOTA 5543 STATE TREASURER 5544 JASON STODALA 5545 DON STODOLA'S WELL DRILLING CO. 5546 CHRISTOPHER STROM 5547 SUBURBAN AUTO ELECTRIC 5548 SUBURBAN CHEVROLET CO. 5549 SULLI VANS SERVICES, INC. 5550 MICHELLE SUTHERLAND 5551 JOANN TERRIQUEZ 5552 THOMPSON PLBG. 5553 JUSTIN TROFHOLZ 5554 TWIN CITY SOFTENER SERVICE 5555 BOB TYSON 5556 UNIFORMS UNLIMITED 5557 UNIVERSITY OF MINNESOTA 5558 VALLEY EQUIPMENT CO. 5559 VAN WATER & ROGERS 540 VOIGT'S MOTORCOACH TRAVEL 1 ERIC WANG 5562 WATER PRODUCTS COMPANY 5563 SANDRA WERTS Expenses-Assessing Dept. Equipment-Fire Dept. Repairs-Water Dept. Refund-Rec Dept. Service Service Service Service Refund-Rec Dept. Refund-Rec Dept. Expenses-Police Dept. Refund-Food Handlers license Refund-Rec Dept. Coffee, plates, spoons-City Hall Forms-Police Dept. Screens-Police Dept. Ads-Liquor Store Service-Fire Dept. Service-Schooner Blvd. Service-Schooner Blvd. Refund-Rec Dept. New pickup truck-Water Dept. Poles-Park Dept. Refund-Rec Dept. Refund-Rec Dept. Refund-Rec Dept. Anti freeze-Street Dept. Fuel-Timber Trail Refund-Rec Dept. Service-Water Treatment Plant Weight charts-Water Dept. Tested equipment-Engineering Dept. Fee-Water Dept. Refund-Rec Dept. Service-City Hall Refund-Rec Dept. Equipment repair & parts Equipment repair & parts Service-Research Road Refund-Rec Dept. Instructor-Leisure Skill Refund-Plumbing permit Refund-Rec Dept. Equipment repair & parts Expenses-Police Dept. Uniforms-Police Dept. Conference-Park Dept. Hose-Park Dept. Chlorine liquid-Water Dept Charter bus-Rec Dept. Refund-Rec Dept. Solder-Water Dept. Mileage 106.25 564.84 81.66 18.00 5.52 13,471.82 14.87 52.80 1.50 3.00 20.50 23.00 3.00 61.83 210.20 340.0: 49.50 260.50 13,550.67 6,210.2' 3.00 9,335.0' 984.0 1.0 1.5 , 1.5 248.5 201.F 1.' 3,358.2 31. 80.0 15.0 3.5 82.0 1.5 142.6 397.5 50.0 1.5 103.9' 33.0 1.5 60.2 10.5 3,318.5 5.' 6.: 258.; 324.2 1.5 168.3 10.2 407 Col March 3, 1981 Page five 55b4 5565 5566 5567 5568 5569 5570 5571 5572 5573 1.50 92.25 1.50 1.50 174.40 76.49 6.00 104.25 75.00 13,70 GEORGE WEST WEST WELD SUPPLY COMPANY KATHY WHALEN LYNN WILLMORE ZIEBART AUTO ZIEGLER TIRE SERVICE CALCULATORS, INC. CHRIS ENGER DR. PATRICK LILJA JEAN JOHNSON Refund-Rec Dept. Supplies-Street Dept. Refund-Rec Dept. Refund-Rec Dept. Rustproof truck-Water Dept. Equipment repair & parts Supplies-Engineering Dept. Expenses-Planning Dept. Conference-Fire Dept. Expenses-Planning Dept TOTAL $989,280. 4. TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: November 13, 1980 RE: Consideration of a liquor store in the Preserve Village Center The sales projection of Jerry's Super Valu are as follows: 1981 $ 6,700,000 1982 8,000,000 1983 9,600,000 1984 11,600,000 We are currently doing about 13% of the volume of Penny's at our Prairie Village Mall location. If we assume about 9% of Jerry's volume with a store opening about May 1, 1981 the following pro- jections on the new store are: 1981 1982 1983 1984 Sales $447,000 $700,000 $800,000 $900,000 Profit -0- 37,000 48,000 54,000 Our start up cost will be in the area of $125,000 including lease- hold improvements, fixtures and inventory. A three year lease with a three year renewal option should be acceptable. JDF:bw 11/13/80 February 27,1981 We are about to conclude our negotiations with Supplee, only a few minor details remain to be negotiated. Our rent would be starting in the first year 6.75,6.95,7.15,7.90,8.40, 8.90. We could have the store in operation in May. / TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: February 27, 1981 RE; City Radio System The original request for radios for the City was for 70 units and was based on a survey taken in July of 1979. Since that time the City has added vehicles to its fleet. At this time there are five fire units, the canine unit, a parks truck and our animal control unit that do not have radios. There is a radio in a car which does not need one. We therefore should have an additional seven radios to serve the City now. I would like the Council to consider purchasing those seven radios plus two radios to be used as spares and an additional six units to be used in equipment which we will be purchasing in the future. The cost of these mobile units under our bid is $1,200 each; the price after August 1, 1981 is expected to be around $2,000. I would also like the Council to consider the purchase of five hand held units which could be used in seasonal'units or other City units which do not require a radio all the time. These units are not on the market as of now; their cost is expected to be about the same as a mobile unit. 6// TO: Mayor and City Council FROM: John D. Franc, Finance Director DATE: February .27, 1981 RE: Clerical Requirements in the Public Safety Department The continual increase in Public Safety activity has brought us to the point where our present clerical/secretarial staffing pattern of one person per shift is insufficient. The day shift, particularly in the morning, is receiving phone calls and visitors to the counter faster than one person is able to provide service. I would like the Council to consider the addition of a clerk/ typist to the day shift at a cost of $8,000 in the 1981 budget. This amount could be appropriated from the fund balance. G/2. MEMORANDUM 1BRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission John D. Franc, Acting City Manager Bob Lambert, Director of Community Services February 24, 1981 . Round Lake Park Shelter At the February 17, 1981 meeting, the Eden Prairie City Council reviewed the bids received on the Round Lake Park Shelter. The low bid offered by Robert Westlund Construction was approximately $50,000 over the program budget. The Council indicated that one of two decisions must be made, either staff was to find the extra $50,000 or all bids should be rejected and staff should consider some design changes. After subsequent meetingswith the architect, staff is recommending that the Eden Prairie City Council reject all bids received on the Round Lake Park Shelter and authorize the architect to complete the deisgn changes as outlined in the February 20, 1981 memorandum from Gary Nyberg, Smiley Glotter Associates. Staff feels that these design changes will decrease the cost of this facility by $20,000-$30,000 without 'changing the basic design or program for the building. Staff further requests the City Council authorize readvertising for this structure on March 12 and 19th.and to receive bids on Tuesday, March 31 at 2:00 P.M. The Council would then review bids on April 7, 1981. BLnad G i3 (-3) DATE: COM NO.: PROJECT: SUBJECT: PRESENT: MEMO BY: MEMO TO: RALLY February 20, 1981 GUrIm 8002-D MociAttS. Eden Prairie Park Shelter Aftiwes Rams Project Re-Design Revisions ' Bob Lambert, Drew Erickson, Gary Nyberg al ils.ah.le Gary Nyberg /7 .1,v • WIlvairtiN Mone.,Na vinat. Bob Lambert I I oi .t, memorandum A meeting was held February 19, 1981, 9:00 A.M. at the architect's office to discuss revisions .to the Park Shelter for re -bid purposty;. No programmatic reduction in area were desired. It was agreed that the planning would continue under • the Additional Services Section 1.7 of the 13 Agreement as had the initial Park Shelter Design. 1. Al] original alternates have been deleted except 112, owner wishes to retain cedar shingles; f6, casework only conces- sion area base cabinet; il9, rough -in sound system with speaker only; 012, only painting is epoxy paint in toilets. 2. Outdoor picnic slab to extend from building to the north- west 20 feet x 56 feet. • 3. Building to be re-located toward south-east to minimize fill for building and picnic slab. 4. Reduce roof overhang to 4'-0" and roof height accordingly. 5. Delete exteyior plywood soffit with plywood panels over windows rather than concrete block. 6. Substitute wood framing for precast planks at second floor. 7. Investigate the feasibility of a wood structural system in lieu of steel. 8. Substitute lightweight single score concrete block for rock face block. 9. Sull::t.itut6 single door and frame for double (loots at entries. 10. Rophtce sliding poehot dear NO. 101 with a accurdi.in door. 11. Change all interior 12" concrete block with 6" or 0" hloek as neded. MEMO Page 2 February 20, 1981 12. All interior ceilings and exterior plywood to be 1/4" rough- sawn douglas tir, scaled. Ceilings to have bottom strips covering joints and at mid-panel. 13. Lights to be reeessed. 14. Mechanical air system to be concealed overhead rather than beneath the slab. ' 15. Toilets to have water-saver cold water faucets only. Also, paper towel dispensers rather than electric hand dryers. 16. Concession area to have vinyl tile floor. 17. Owner to paint interior and exterior except toilets and ceiling sealer. 18. Owner has fill available and will bc responsible for all site work beyond 5' of the building. MEN6RANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resouces Commission John D. Frane, Acting City Manager Bob Lambert, Director of Community Service,'.- February 23, 1981 Letter From Henry and Marie Eserhut Attached to this memo is a copy of a letter from Henry C. and Marie K. Eserhut, 9281 Riley Lake Road, Eden Prairie, Minnesota. Mt. and Mts. Eserhut indicate that they are considering selling their property which is adjacent to Riley Lake Park and are offering the City of Eden Prairie the first opportunity to purchase the property. This property is within the proposed community park boundary, but is not scheduled for acquisition within the next five years. City staff suggested Mr. and Mrs. Eserhut write a letter to the City Council to let the Council know that they are considering selling the property and to offer the Council the opportunity to purchase said property. Staff informed Mr. Eserhut that the procedure for considering acquistion is to first get authorization from the City Council, then an appraisal prior to negotiations. Therefore, City staff has not discussed any purchase price. Staff indicated to Mr. Eserhut that the Parks, Recreation and Natural Resources Commission would be considering this item at the March 2, 1981 meeting and the City Council at the March 3rd meeting. BL:md Git /14 , ,y2-.7. 7 )42 D-94--ky , t „ 2 2 ; 2 roe/ATP p - r v, /16/ ts'ecils ?")."-v?" NEM3RANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: John D. Frame, Acting City Manager FROM: Bob Lambert, Director of Community Services DATE: February 25, 1981 SUBJECT: Concession/Storage Building for Flying Cloud Ballfields Since the redevelopment of Flying Cloud Ballfields, the City has eliminated parking adjacent to County Road 1 and directed all parking to the center of the 30 acre complex. The existing storage building at Flying Cloud Ballfields is an old wood structure approximately 8'2:10' located adjacent to County Road 1. This facility has acted as the storage building and concession stand for the Athletic Association as well as the control point for the light fixtures at Flying Cloud Fields. Since the redesign of the Flying Cloud Ballfields Complex, this facility is no longer centrally located or readily accessible from most points on the field. The Athletic Association is requesting that the City consider construction of a larger and more secure facility that would be centrally located. City staff has budgeted approximately $5,000 in the Bond Referendum Development Program for construction of such a facility at Flying Cloud Ballfields. City staff requests authorization from the Eden Prairie City Council to construct a building of approximately 12'x20 on a floating slab adjacent to the parking lot and centrally located at the Flying Cloud Ballfields. Attached is a copy of the proposed concession/storage building provided by the Eden Prairie Athletic Association. If the City Council approves this request, staff would then have to submit this proposal to the Metropolitan Airports Commission for approval of construction of this facility. Any facility constructed on this site must be easily removed as per the lease agreement with the Metropolitan Airports Commission. BLand 418' CO•te., • 4 • te4 nif tilk . _ Soki: W IWØOIJ Rgviseo 2/73/81 4 5. P. A. A. CON1C.LKI 1. Se c 1 t‘St1.1" 0400cte: 2. Woocl sic(4,5 441- heed SoNe4tn h:::i \‘‘‘ petqe1(410(e fro4ec \‘‘nfrom 1.14Act 4 ItSri 3.% Ile rfv,3 cioor 5. V5,tt kg y: TN?", COA 5S1,' , 1,3 ‘k,t‘ See u (c ie CAkcv1 t cor eGcL. 5. es -I kw, /5 u 35e- 51 I cs‘ Ceid teinie Gc (le( (131- ¶350. PRocosro CoN)c. %co - STO c4Ge. BIAIL It-4 f i.41.G C1 0L40 flLt r le LP 5 12' 3-1 2 ' 0 0 S To RG E (ARE Pc Su I 1 1 1 .4 G EAST 2: In S. A (00 t ER Cootelt CONCESS t o k) FlOT1 ARE A 5,14CS P It 1 ,1) L B014 WiNI 00w S -r) Lu 0 0 NER13RANDUt4 TO: THRU: .FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission John D. Franc, Acting City Manager Bob Lambert, Director of Community Servicir1 2--- February 24, 1981 Eden Prairie Athletic Association Request for Funds Attached to this memorandum is a letter from Bernie Galler, President of the Eden Prairie Athletic Association, requesting $500 from the City to help the Association complete their reorganization process. City staff has reviewed this request with the Association members and does support this request for funds to assist in the cost of the initial mailing for each new Association, andto assist in some of the legal costs to incorporate each Association as a non profit organization with the State of Minnesota. Staff recommends approval of this request; BL:md 420 ..1s• L.=.3 7.7) 7.7) nr7 ATHLETIC ASSOCIATION FEr .•1 February 16, 1981 Mr. Wolfgang Penzel Mayor, City of Eden Prairie c/o City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Subject: Eden Prairie Athletic Association Dear Mr. Penzel: As you know, the Eden Prairie Athletic Association is in the process of reorganizing into five separate youth sports associations - Soccer, Base- ball, Girls' Athletics, Football and Basketball. Part of our reorganizing process is to incorporate each association as a non-profit organization with the State of Minnesota. This naturally involves some legal expenses to draw up the necessary articles of incorporation and bylaws and the filing expenses with the State. Our E.P.A.A. treasury, as of late, has been balancing out just as our non- profit intent says it should - nothing left over after expenses arc paid. We are, therefore, coming up a little short for the necessary legal and filing expenses for our new associations. Another expense we are about to incure, prior to receiving any income from the spring sports programs, is a mass mailing to the youths of our community. This mailing will be to inform youths of registration for Spring sports, inform them of our new associations and associated requirements such as equipment and to solicit final participation from parents. We estimate the above expenses to total $500.00. We would very much appreci- ate a contribution from the city in this amount to help our cause for what we teel will be a great stop forwaid for the youths of our colmunity. 621 City of Eden Prairie Page 2 February 16, 1981 'Thank you in advance for your consideration and support. Yours very truly, 622- OBernie Geller President BG:jad MEMORANDUM TO: IHRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission John D. Frane, Acting City Manager Bob Lambert, Director of Community Serviceel0eL' February 24, 1981 Community Center Change Orders City staff requests the Parks, Recreation and Natural Resources Commission and the City Council consider two proposed change orders for the Community Center. BLEACHERS Attached is a letter from Mr. Pete Curley, Smiley Clatter Associates, referring to the advantages of electrical folding bleachers over the bleachers proposed in the original design drawings for the Communtiy Center. Mr. Ed Hillstead of Architectual Products received the low bid for bleachers for the Community Center. He is willing to provide electrical folding bleachers with 24" spacing between rows and 12" plastic seat boards for the same cost as the manually operated folding bleachers that would have 22" between rows and 10" wood seat boards. Hr. Hillstead summarizes the benefits of the electrically operated seats as follows: 1. More comfortable seats 2. Self-contained walkways 3. Electrical operation 4. Automatic end rails S. New plastic seats 6. 24" space between, with 26" foot space 7. Foot level aisles This new system actually eliminates a row of seating, but with the wider spaces between seats and with the lack of the 2" gap between each of the nine sections, the continuous plastic seat board offers actually more seating capacity. The main advantage, in staff opinion, of this new proposal is that one person can retract all seats in less than about 2 minutes, whereas, the previous method would take, two to three people approximately a half hour to sot out the walkway and extend all of the scats flush to the walkway. 623 42 q The new seating also is enclosed so that wrappers, popcorn, etc. does mrot'filter down under the seats and is easily swept out to one end and cleaned. The only additional cost for this improved seating system is the $465 change order to the electrical contract. Staff recommends approval of this proposed change order. OFFICE SPACE The City decided to hire an Athletic Coordinator after plans and specs were completed for the Community Center. Staff recommends that the Athletic Coordinator be officed at the Community Center, as that will be the center of the Athletic Coordinator's activities for programming athletic programs as well as registration, meetings with Athletic Associations, providing • late registration services through the receptionist that will be available it the Community Center, etc. Furthermore, there is no office space available in City Hall for this position. Staff requests authorization for a change order to change the storage . 700M is thesecond floor of the Community Center to an office space for the Athletic Coordinator. This change order will include installing some windows, VAT flooring, painting the walls and installing adequate lighting for office use. BL:md 1101101101011sr Almelosos 1021 USW,. Avenue 1000wagto11., Minnesota 11$403 1121332-1401 AroMints Inghwars Mennen NWlet Designers atlaftwItAidl a11.0WW0.40. ILKUOdwm0141.1.41. 0.01.NOwtt&i.A. . 63\ February 18; 1981 Mr. Robert Lambert City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Eden Prairie Community Center Comm. No. 8002 Dear Mr. Lambert, Enclosed is a copy of letter from Mr. Ed Hillstead of Architectural Products, Inc. noting the advantage of elec- tric folding bleachers. This is a result of our meeting and observation of the operation of the electrically oper- ated bleachers at the Hastings Ice Arena. Also enclosed are preliminary shop drawings showing the layout and seating capacities of both the manually operated bleachers as specified and the proposed electrically oper- ated bleachers. As noted the attached studies indicate that the 24" spacing between rows provides more comfortable seating. By usimg less than 18" width per seat as noted in studies, your seat- ing capacity is still in the 1200 seat area as originally intended for hockey seating. With all the advantages of the electrically operated bleach- ers and no apparent loss in seating capacity we would recom- mend your consideration of these Electra Bank bleachers as proposed by the Universal Bleacher Company. We would also recommend that you consider changing the wood seatboards to the new plastic seats. As Mr. Hillstead states in his letter, these Electra Bank bleachers would be provided at no additional change in price to the general contractors contract. However, the electrical power supply must be added to the Electrical Contract. If C2 S lia\ February 18, 1981 Mr. Robert Lambert Page 2 you decide to accept the Electra Bank bleachers, the Electrical Contractor will require a change order in the amount of $465.00. If you have any questions or need additional information, please advise. An early decision would be appreciated. Sincerely, SMILEY GLOTTER ASSOCIATES E.R. Cdrley ERC:al Enclosure E.R.HILLSTEAD, PRESIDENT Plow 854•3688 ONE APPLETREE SOUARE. SUITE 1001 BLOOMINGTON. MN . 55420 • Feb. 1]., 1981 Pete Curley S.G.A. &alley Blotter, Assoc. 1021 La Salle Ave. MIAs., Minn. 55403 Re: Eden Prairie Cerrunity Denter Eden Prairie, kibm. Folding Bleachers Dear Mr. Curley; ••••n •• ,1•1, • ..2:7n.7. %,• ARCHITECTURAL PRODUCTS, INC. The above project is to have folding bleachers as manufactured by Universal Bleacher Corpany, Charpaign, Illinois. You are aware that Universal has made several product changes and added new plastic seats (available by the time your installation is to be made). Them changes were not available at the time the project was bid. You will have to recemannd several changes whicrt would allow Universal to furnish their new Electra Bank =del, providing the following advantages: 1; Allow the bleacher to be operated electrically. a. Preserving its life b. Assisting in cleaning. c. Most iuporbant; one man can get the bleachers to the dasher board without a problem. 2. Elevated front walhway can becam a part of the bleacher. (This is as shown on Drawing E B 128-03). a. Provides a saferwelleenv that is continuous. b. No extra storage space needed. C. Will go autematically hack with the bleacher for cleaning. d. The time saved in handling and storing walkway will he con- siderable. 3. Actually provide more satisfactory seats. a. 12" eeathoard can be uesd instead of a 10". b. Choice of 12" reathoard or new plastic seat. c. Scats will be continuous (no break tor section). 4. Please note that studies show that 24" spacing provides an increase of 10% of seat space, or as many persons can be seated sore =fort- ably in 10 17CW5 of 24" spacing as that of 22" spacing on 11 ma. (See copy of Hurcey's study). a. Shop drawing 12C-02 with conventional sections and 22" spacing show a capacity of 1102 seats. b; Shop drawing E B 120-02 Electra Bank continuous section chow a capacity of 1122 scats. Row by utilizing 24" spacing you actually increase this by 10% or a total capacity of 1234 seats which ere were cz -mfortable. 5. Universal can provide their auto:natio safetr end rail. a. Safer because it is not taken on and ottTirgies automatimily in and.out with the bleachers. b. Great tins saver. ..• 6. This new one-piece continuous bleacher is: • a. Mare stable • b. Will stay in carplete alignment (no. break in 'gap betweefi sections.) c. Deck is completely clo.sz.d (much easier to maintain and clean). Universal can provide the above as sham in their drawings 111-128-01-02-03-04 at no additional change in price. The Owner must provide the following: • . . Electrical Fa..:.1.,r circuits and final hookup to service: 110 volt 30 E: nTo circuits for 7 Accupower units W/1/4 hp. rotor (Dayton). Starting load 6 amp - running at 4.6 full load. In summary, the Omar will receive: 1. More comfortable seats. 2. Self-containsd wallarays. 3.. Electric operation. 4. Automatic end rails. 5. NMI plastic seats or 12" seatkoard. 6. 24" spacing with 26" foot space. 7. Foot level aisles. Respectfully submitted, 1(' ,1- • . lietY1 E. R. Billstead Agent for Universal Bleacher Co. West Virginia Seating Co. • Inc. eCCA 491 Phone 522-1381 tr4,:_4p.s2. Virainb 25709 'eiewed ADVANTAGES OF 24" GYM SEAT SPACING Few people can sit in gym seats with 22" spacing between rows without spreading their knees. (Even 15 year old children average 22.4" from buttocks to knee cop.) Since an average knee spread of 18.1" is necessary, only 10 people can sit on a standard 16' (or 192") long seatboard with 22" spacing. Average adults measure 23.4" from buttocks to knee cop. Hence they can sit comfortably with knees together In 24" spaced seats. Since the aver. age width of buttocks is only 16.64", • 11 people con sit on a 192" soot. board with 24" spacing. This 10% increase means 10 rows of comfortable 24" spaced seats have the same actual capacity as 11 rows of cramped 22" soots. Further, the original cost of 10 rows is 3% less than 11 rows, and they take up SS square feet less floor space par 16' section. Write for your FREE copy of this complete, thought. provoking study on increased capacity and comfort In gym seats before designing your next school. • //arir s -d • tn..Amis Ros sum.!. Exclusive makers of The Closed Deck Roll-Oui gym seals HUSSEY MANUFACTURING CO., INC. 597 Itnhowl Awp. N. Demich, 4 2.7 Akin .Eta' -.426r-iaZ3 _ . . 1147•7r&L) fae czo,e•ry ..9/4170.363. AntirialiftgeL. 22•43/.1.4 G. te". :54_443 ..0.7.14,svc-s. ecati4ied.7M Akeao C&Jen,s, A-Z=7e 710.E.Y f""Aft.s. 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MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: John D. Frane, Acting City Manager • FROM: Bob Lambert, Director of Community Services1*— DATE: February 24, 1981 SUBJECT: 1982 LAWCON Grant The City has received initial information regarding application for 1982 LAWCON Grants. Over the last three years, the City has received LAWCON Grant assistance for acquisition of Miller Park at Mitchell Lake. The only remaining parcel for acquisiton in that park is a $38,000 acquisition for a parcel that has no lake frontage. It is extremely doubtful that this small amount for a parcel that has no lake frontage would be funded. One of the major concerns regarding the decision by the City Council for determining that Riley Lake Park should be a community park was the commitment to attempt to acquire the Swedlund property. This property has been subdivided into three parcels. The total of the three parcels is for sale on the market in excess of $500,000. In 1980, Mr. Swedlund informed the City Council that he would be willing to sell the entire 14.1 acre parcel for approximately $400,000, plus the right to live there for five years. The City Council had the parcel appraised at $325,000. As of February 19, after Mr. Reagan's speech, the Heritage Conservation Recreation Service has been abolished and the National Park Service will be the Federal agency now reviewing all LAWCON grant money. The City has also been informed that !AXON grant funds for 1981 have been frozen. Therefore, there will be a delay in receiving any funds for the last grant approved for Miller Park. However, there will be a 50% matching grant from State funds to a maximum funding amount of $200,000. Staff recommends that the City Council consider authorizing staff to apply for LAWCON funding to acquire the entire Swedlund parcel for 1982. Staff would request authority to negotiate the acquisition of the entire parcel and to negotiate an arrangement for allowing Swedlund's to live on that property for at least five years as a part of the rationale to reduce the cost of the property (the City will not need that property for at least five years anyway). If the City were able to purchase that property for $400,000, the City would have a very good chance of obtaining 50% matching funds from the State. The City could use funds that will be reimbursed by the Metropolitan Council for Anderson Lakes and Bryant Lake for the City's matching portion. BL:md £30 MEMO TO: .THROUGH: DATE: SUBJECT: Mayor Penzel and Members of the City Council John Frane, Acting City Manager Carl Jullie, City Engineer February 26, 1981 Summary of Construction Bids for Improvement Contracts 51-360, 366 and 382, Involving Utilities and Street Construction in Meadow Park Subdivision, Trunk Water Main on Co. Rd. 39 for Braun Fashions and Sewer and Water Laterals at Flying Cloud Drive and Willow Creek Road. Sealed bids were received at 10:00 A.M. on Friday, February 20, 1981, for the above referenced imnrovements. Sixteen bids wer received and tabulated as folio's: 81 DR 'BID SECURITY Hennen Construction 5% Brown & Cris, Inc. 5% Ken-Co Construction 5% Northdale Construction 5% 0 & P Construction 5% Erwin Montgomery Construction 5% G & L Contracting 5% QRS Construction 5% Minn-Kota Construction 5% Progressive Contractors 5% Nodland Associates, Inc. 5% Barbarossa and Sons, Inc. 5% Orfei & Sons 5% Richard Knutson, Inc. 5% Johnson Construction 5% C.S. McCrossan, Inc. 5% TOTAL AMOUNT BID $445,744.25 $458,202.90 $461,709.02 $477,231.60 $487,289.64 $497,588.94 $498,141.95 $499,448.20 $514,574.60 $515,809.30 $519,902.10 $529,945.10 $530,233.10 $539,629.12 $596,336.90 $627,414.40 (Engineer's Estimate) ' $492,793.00 4?, The low bid is approximately 10% below our estimate Recommend award of contract to Hennen Construction in the amount of $445,744.25. CJJ:kh Attachments 02. March 3, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-47 RESOLUTION ACCEPTING BID I.C. 51-360, 366 & 382 WHEREAS, pursuant to an advertisement for bids for the following improvement: • LC. 51-360,-366 & 382, Utilities and street construction in Meadow Park subdivision, trunk water main on Co. Rd. 39 for Braun Fashions and sewer and water laterals at Flying Cloud Drive and Willow Creek Road bids were received, nnened and tabulated according to law. Those bids received were as follows: ' BIDDER Mennen Construction Brown & Cris, Inc. Ken-Co Construction Northdale Construction 0 & P Construction Erwin Montgomery Construction G & L Contracting QRS Construction Minn-Kota Construction Progressive Contractors Nodland Associates, Inc. Barbarossa and Sons, Inc. Orfei & Sons Richard Knutson, Inc. Johnson Construction C.S. Verossan, Inc. BID SECURITY 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% TOTAL AMOUNT BID $445,744.25 $458,202.90 .$461,709.02 $477,231.60 $487,289.64 $497,588.94 $498,141.95 $499,448.20 $514,574.60 $515,809.30 $519,902.10 $529,945.10 $530,233.10 $539,629.12 $596,336.90 $627,414.40 (Engineer's Estimate) $492,793.00 WHEREAS, the City Engineer recommends award of contract to Mennen Construction as the lowest responsible bidder. NOW, THEREFORE, be 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 Mennen Construction in the name of the City of Eden Prairie in the amount of $445,744.25 in accordance with the plans and specifications thereof approved by the City Council and on file in the office of the City Engineer. ATOPTED by the Eden Prairie City Council on ATTEST: Wolfgang H. Penzel, Mayor . SEAL John D. Frane, Clerk MEMO TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council John Frane, Acting City Manager Carl Jullie, City Engineer February 27, 1981 Bid Award for I.C. 51-354, Contract No. 3 Sealed bids on the above referenced project were opened at 10:00 A.M. on Thursday, February 26, 1981. The project covers the well collector line for Wells No. 4, 5 and 5. Those bids received are shown on the attached summary of bids. The low bid submitted by Minn-Kota Excavating, Inc., was in the amount of $403,169.00. It is recommended that the Council adopt Resolution No. R81-48, accepting the bid of Minn-Kota Excavating, Inc., for I.C. 51-354 in the amount of $403,169.00. cjj:kh C3S March 3, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-48 RESOLUTION RECEIVING BID I.C. 51-354, Contract No. 3 WELL COLLECTOR LINE WHEREAS, pursuant to an advertisement for bids for the following Improvements: I.C. 51-354, Contract No. 3 bids Were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of the contract to Minn-Kota Excavating as the lowest responsible bidder. NOW, THEREFORE, BE 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 Minn-Kota Excavating:in. • the name of the City of Eden Prairie in the amount of $403,169.00 in accordance 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 Frane, Clerk L3C SUMMARY OF BIDS I.C. 51-354 • $403,169.00 438,706.58 460,000.00 507,522.90 528,283.00 546,083.58 549,326.00 574,582.75 674,557.50 Minn-Kota Julian M. Johnson Lemetti & Sons Brown & Cris Orvdahl Const.- Orfei & Sons Barbarossa & Sons Northdale G.L. Contracting WELL COLLECTOR LINE Contract No. 3 (Engineer's Estimate) $389,000 MEMO TO: THROUGH: FROM: DATE SUBJECT; Mayor Fenzel and Members of the City Council John Frane, Acting City Manager Carl Jullie, City Engineer February27, 1981 Bid Award for I.C. 51-354, Contract No. 4 Sealed bids on the above referenced project were opened at 10:00 A.M. on Thursday, February 26, 1981. The project covers the 4 million gallon per day addition to the treatment plat, a 1 million gallon ground storage reservoir and one sludge lagoon. Those bids received are shown on the attached summary of bids. The low bid submitted by Barbarossa and Sons, Inc., was in the amount of $2,298.800.00 It is recommended that the Councio adopt Resolution No. 481-49, ac- cepting the bid of Barbarossa and Sons, Inc., for I.C. 51-354, in the amount of $2,298.800.00 CJJ:kh March 3, 198 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION R81-49 RESOLUTION RECEIVING BID I.C. 51-354, Contract No.4 WATER PLANT EXPANSION WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 51-354, Contract No. 4 bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, tHe City Engineer recommends award of the contract to Barbarossa & Sons as the lowest responsible bidder. NOW, THEREFORE, BE 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 Barbarossa & Sons, Inc. in the name of the City of Eden Prairie in the amount of $2,298,800.00 in accordance 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 C 3g SUMMARY OF BIDS I.C. 51-354 WATER PLANT EXPANSION Contract No. 4 Barbarossa .& Sons $2,298,800.00 Magney ' 2,398,000.00 Knutson Const. 2,412,000.00 AdoTfson & Peterson 2,535,200.00 Young Const. 2,608,031.00 Shaw-Lundquist 2,618,000.00 Orville E. Madsen 2,629,000.00 Acton Const. 2,699,950.00 (Engineer's Estimate) MEMO TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Council John Frane, Acting City Manager Carl Jullie, City Engineer February 27, 1981 Bid Award for New Loader Pursuant to Council authorization, sealed bids were received and opened at 10:00 A.M. on Tues., Feb. 26, 1981, for a new front end wheel loader. Those bids received are shown on the attached summary of bids. The bidding specifications were set up on a "Total Cost Bid" basis, which required the bidders to indicate in addition to the base price, the guar- nateed maximum maintenance costs over 5 years and also a guaranteed re- purchase price at the end of 5 years. One of the three bidders (RMS Co.) did not indicate a. repurchase price and also they would provide only a 6 months warranty on the articulation joint, rather than 5 years as required by the specs. Accordingly, their bid is not responsive to the terms of the bid invitation. The "Total Cost Bid" approach guarantees the City that its costs, excluding fuel costs and interest on the principal, will not exceed a specified amount. The bidders were also requested to indicate their prices for 2 ootions; _ one for a reversible snow plow, including hitch and hydraulics, and the other for trade-in of our present loader. We are recommending that neither of these options be exercised, because we can shop around for possibly better prices on the snow plow at some future time and also our present loader can be usefull to the Park Maintenance Dept. and in the diseased tree program. To assist in our evaluation of the bids, we contacted the Hennepin County Public Works Dept. regarding their experience with both the Terex and Caterpillar loaders. They report that both are good machines and that they recently purchased a 2nd Terex loader. It is recommended that the Council accept the proposal of Borchert-Ingersoll Inc., for the Terex 72-31 B wheel loader at the purchase price of $88,352 and net Total Cost Bid of $4,933.50. Also, we request that the Council authorize an additional expenditure of $3,055.00 for 23.5" wide tires, in lieu of the standard 20.5" tires which will be helpful when cleaning the sludge lagoons at the water plant. This option is not available on the Caterpillar loader. The amount included in the 1981 City budget for this machine was $95,000. 2. Maintenance Expense over 5 years or 6,000 hrs. shall not exceed 3. Guaranteed minimum repurchase price 4. Scheduled Maintenance Costs (4) 5,000.00 3,950.00 4,500.00 (-) 92 800.00 85 000.00 0 (+) 4,381.50 2,744.85 No Bid SWUM OF BIDS FOR LOADER Bids opened at 10:00 AM on Tuesday, Feb. 24, 1981 Borchert/ Ingersoll Ziegler MS Co. Terex • Caterpillar Clark 72-318 950 75C 1. Purchase Price (+) $88,352.00 $83,720.00 $77,000-.00 5. Total Cost Bid 4,933.50 5,414.85 81,500.00 Option 1 Snowplow 5,445.00 5,770.00 6,300.00 Option 2 Trade-in 17,600.00 21,000.00 20,500.00