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HomeMy WebLinkAboutCity Council - 03/17/1981INVOCATION: Councilman George Bentley " PLEDGE OF ALLEGIANCE ROLL CALL I. .APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MARCH 3 1981 III. CONSENT CALENDAR 16,40/„,46 "' EDEN PRAIRIE CITY COUNCIL 4; 7:30 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen /7 / 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 TUESDAY, MARCH 17, 1981 COUNCIL MEMBERS: 4 ,414 ,11 ^ COUNCIL STAFF.; V/7 A. 2nd Reading of Ordinan fJl to R1-13.5 and Page 651 2.5 acres to RN 6.5 for Basswood Terrace by The Preserve and developer's agreement , Z. Final plat approval for Basswood Terrace (Resolution No. 81-62) Page 664 C.-2nd Reading of Ordinance 81-06, rezoning_ the 25' of Outlot R Lake Page 667 Eden, Preserve 3rd Addition by The Preserve, from Rural to RN 6.5 Set Public Hearing date for Valley Place Offices by C.S.J. Development for ApriT-7,79V E. Approve plans and specifications and order bids for pedestrian bridge Page 669 over Valley View Road at Round Lake Park, I.C. 51-325 III (Resolution No. 81-57) \ F. Stipulation agreement with Chicago/Milwaukee Railroad Co. for new Valley View Road at-grade crossing, I.C. 51-325 (Resolution No. 81-58) (G., Revision to Eden Prairie Comprehensive Guide Plan Review v41 Page 675 H. Mn/DOT Traffic Control Signal Agreement No. 60070 for TH 169/Co. Rd. 1 Page 678 intersection -Nsolution Na. 81-63) 1. Apdove plans and specifications and order bids for utility improvements Page 692 on Luther Way, Meadow Lane and Round Lake Park, I.C. 51-395 (Resolution No. 81-6W) J. Clerk's License List Page 693 K. Continue request from Bev Crank on review of new Housing Moving Ordinance No. 79-34 to April 7, 1981 Pape 67 City Council Agenda - 2 - Tues.,March 17, 1981 13C PUBLIC HEARINGS A. Rezoning of properties back into Plan Study. Located in the Southeast, Page 694 Northeast and Southwest quaOrayes of Co. Rd. 4 and TH 5 (Ordinance No. 81-07) r . B. Street and .drainage improvements e gn 71top Road, I.C. 51-380 (Resolution No. 81-55) •;.' y/ C. Request for Municipal Industrial Development Bond approval in the amount of $350,000 for S & D Properties (Resolution No. 81-56) .17 PAYMENT OF CLAIMS NOS. 5574 - 5788 • REPORTS OF ADVISORY COMMISSIONS Hwy. 169-212 Task Force - discussion on the official Hwy. 169/21:2 't;roil ' 7 ' map. Members of the Hwy. 169/212 Task Force will be present t9 make „ y..,. a presentation. ___ ,...,X- 1......-:„."' 123: PETITIONS, REQUESTS & COMMACATI NS . 4 .K...........r .,,,,,, A. Request from M. C. Carmody of T.G.C. Development Corp., to withdraw Deer Creek Addition preliminary plat and 1st Reading of Ordinance No. 80-19 given on August 5, 1980, and request for additional units to be served from Mitchell Road alone. REPORTS OF OFFICERS, BOARDS & COMMISSIONS 14/f 1 B. Report of City Attorney C. Report of Acting City Manager D. Report of Planning Director .1. Section 8 Existing Rent Assistance Program E. Report of City Engineer ( 1. Receive feasibility reoort for improvements on Bennett Place, I. C. 51-375 (Resolution No. 81-59) 2. 'Approve Hennepin County ...preliminary plans for improvements on Co. Rd. 4 at Valley View Road, I.C. 51-325 IV (Resolution No. 81-60) NEW BUSINESS ADJOURNMENT. Page 697 Page 704 Page 718 Page 722A Page 723 (A (!r Page 724 Page 726 Page 741 TO: Mayor and Council PROM: John Fran@ and Ward F. Dahlberg DATE: March 17, 1981 RE: Cash Registers On the market to-day are new inventory contsol management systems. This system is an electronic cash register and inventory control. We feel a need for two registers at the new store and two for the present store. The price for each register is $5454.00 each. Less the trade in value of the 2 present register. TO: Mayor and Council PROM: Ward F. Dahlberg DATE: March 17, 1981 RE: Liquor Store at Preserve Village Center. Bids for Cooler, shelving and etc. We have received bids from three Fixture Companys. Display Fixture Co. $ 33,253.00 Liquor Store Supply 34,306.00 Southtown Refrigeration 34,624.00 My recomendation is that we purchase the fixtures from Display Fixture Co. They'have been in business the longest. They are the people who did the original store. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 3, 1981 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:30 P.M., CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen Acting City Manager John D. Frane, City Attor- ney Roger Pauly, Planning Director Chris Enger Director of Community Services Bob Lambert, City Engineer Carl Jullie, and Recording Sec- retary Karen Michael INVOCATION: Councilman Paul Redpath . PLEDGE OF ALLEGIANCE ROLL CALL: All members present (Councilman Tangen arrived at 8 p.m.) I. APPROvAL OF X;ENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: VIII. C. 4. Pedestrian Bridges over Valley View Road. The following item was removed from the Consent Calendar and continued to the April 7, 1981 meeting: III. J. Final plat approval for Olympic Hills 6th Addition (Resolution No. 81-51) MOTION: Bentley moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 1981 MOTION: Moved by Bentley, seconded by Penzel, to approve the minutes of the Council Meeting held TueL.day, February 17, 1981. Motion carried with Redpath abstaining. 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. 4/1H 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 No. 81-05, amending Ordinance No. 248, adopting the 1979 State Building Code L(13 City Council Minutes -2- March 3, 1981 H. Resolution No. 81-45, authorizing the Acting Manager and Mayor to execute and deliver the assumption agreement for Circle Rubber I. Metropolitan Waste Control Commission agreement for watermain crossing J. Final plat approval for Olympic Hills 6th Addition (Resolution No. 81-51) - removed from Consent Calendar and continued to April 7, 1981 meeting 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, 1.C. 51-288 L. Reschedule discussion on TH 169/212 official map from March 3, 1981 to March 17, 1981 MOTION: Moved by Redpath, seconded by Edstrom, to approve items A - L on the Consent Calendar as amended. Roll call vote: Bentley, Edstrom, Redpath and Penzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. MTS/MCC Industrial Campus by MIS Systems Corporation and Magnetic Controls Company. Request for PUD Concept approval of industrial and commercial uses upon 158 acres. Located southeast of Mitchell Road and TH 5 (Reso- lution No. 81-35) Continued from February 17, 1981 MOTION: Redpath moved, seconded by Bentley, to continue the public hearing to April 7, 1981. Motion carried unanimously. B. Request for Municipal Industrial Development Bonds in the amount of . $1,500,000.00 for G. R. Partnership (Resolution No. 81-46) MOTION: Moved b , secTAZO-By-Befttley„ to terminate action on this item at e request of G. R. Partnership. -Motion carried unani- mously. C. Preserve Center 3rd Addition by The Preserve. Request to divide an outlot zoned RM 6.5 into 2 lots for 2 duplex buildings and rezone the 25' of outlot R, Lake Eden, from Rural to RM 6.5. Located in the Southwest quadrant of Anderson Lakes Parkway and Preserve Boulevard (Ordinance No. 81-06 and Reso- lution No. 81-44) Lee Johnson, representing The Preserve, spoke to the proposal which would include two lots on which two double bungalows would be built. Planning Director Enger stated that the Planning Commission had reviewed the proposal at its January 26, 1981 meeting and had voted 7-0 to recommend approval subject to the January 23, 1981 Staff Report. Community Services Director Lambert said that there was no report from the Parks, Recreation and Natural Resources Commission. City Council Minutes -3- March 3, 1981 MOTION: Redpath moved, seconded by Edstrom, to close the public hearing and to give 1st Reading to Ordinance No. 81-06, rezoning the 25' of outlot R, Lake Eden, from Rural to RM 6.5. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-44, approving the preliminary plat of Preserve Center 3rd Addition, subject to the recommendations of the Staff Report and the Developer's Agreement. Motion carried unanimously. D. Vacating a portion of Sunnybrook Road in Olympic Hills 6th Addition Plution No. 81-50) - continued to April 7, 1981 E. Utility improvements on Luther Way and Meadow Lane I.C. 51-395 'I-Resolution No. 81-52) City Engineer Jullie presented the proposal. Included in the project area are twenty lots plus the Immanuel Lutheran Church site. Steve Lee, 16480 Luther Way, Donald Jacobson, 16440 Luther Way, and Wayne Traaseth,representing Immanuel Lutheran Church had questions relating to the location of hook-ups, location of fire hydrants, type of materials used for curb and gutters, and when the final assessments would be known. MOTION: Redpath moved, seconded by Edstrom, to close the public hearing and to adopt Resolution 81-52, ordering utility improvements(I.C. 51-395) on Luther Way and Meadow Lane. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 5360 - 5573 MOTION: Redpath moved, seconded by Bentley, to approve the payment of Claims Nos. 5360 - 5573. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penni voted "aye". Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Bev Cronk on review of new House Moving Ordinance No. 79-34. (Continued from 2/3/81) Acting City Manager Frane read a letter from John R. Kupferer, Executive Vice President, National Association of Home Manufacturers, regarding manufactured housing. In the letter Mr. Kupferer noted that last year 4,590 of a total of 19,030 homes built in Minnesota were factory built, pre-cut, panelized or modular homes. City Attorney Pauly gave a history of the various ordinances which have governed this matter since 1972. He also stated that he had reviewei the Zoning Ordinance relative to this matter. He noted that the State has adopted a prefabricated structures and manufacturers code which is designed to permit inspection of such buildings at the factory. 6(.6 City Council Minutes -4 - March 3, 1981 Mayor Penzel stated that the request was to develop adequate language to protect existing neighborhoods from detrimental impact by controlling the influx of inferior housing types; which would seem to him to be more effectively handled by a neighborhood or subdivision design review committee. ., 0 -- Bentley said that it was his opinion_that the people were not as against prefabricated housing as they were :With the fact that a house appeared in --------) a very short time without prior no ice. ,o 9 . co' Tim Pierce, 16669 Honeysuckle Lane, spoke tb'the problems involved in posting building permits in open areas. He said that neighbors might take note of lots being staked as that will usually indicate that a building will soon go on the lot. Carol Ellison, 18925 Pheasant Circle, questioned whether or not manufactured housing can be included in the moving ordinance. City Attorney Pauly stated that it is his opinion that it cannot without being in trouble with the "equal protection under the law" portion of the Constitution. Beverly Cronk, 18895 Pheasant Circle, asked if a two-piece trailer house could be moved into the neighborhood? She also felt there are quite a few City ordinances which need updating and that, if necessary, the City should hire more people so this can be done and developers can be monitored. John Hinderaker, attorney representing Dynamic Homes, said that the Minnesota Prefabricated Structures Statute may exclude mobile homes by its terms. MOTION: Moved by Bentley,seconded by Redpath, to instruct Staff to provide the necessary formalization of a definitive posting requirement of the build- ing permit and to have City Attorney Pauly report on mobile homes -- to be continued to March 17, 1981. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS 8. COMMISSIONS A. Reports of Council Members Councilman Edstrom - has been asked to become a member of an advisory committee to the Waste Management Board which Board has the authority to select hazardous waste sites. They are in the criteria development stage. B. Report of City Attorney Requested a closed session with the Council following the meeting to discuss pending litigation. C. Report of Acting City Manager 1. Liquor Store Lease at Preserve Village Mall Acting City Manager Frane spoke to his memo of November 13, 1980 and said that a store could be in operation in May. < tqt City Council Minutes -5- March 3, 1981 MOTION: Moved by Tangen, seconded by Edstrom, to approve the leasing arrangements for a liquor store in the Preserve Village Center. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. 2. Report on the City Radio System Acting City Manager Frane outlined the need for additional radios to serve the needs of the City. MOTION: Moved by Edstrom, seconded by Bentley, to purchase 15 mobile radios and five hand held units. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. 3. Clerical requirements in the Public Safety Department Acting City Manager Frane explained the need of a clerk/typist on the day shift in the Public Safety Department. MOTION: Bentley moved, seconded by Tangen, to authorize the addition of a clerk/typist to the staff of the Public Safety Department at a cost of $8,000. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. 4 Pedestrian Bridges over Valley View Road Acting City Manager Franc referred to a February 24, 1981 memo from Bob Lambert, Director of Community Services, regarding the Bridges over Valley View Road. School Board members have indicated that the easterly and westerly bridges are not needed; the center bridge will be completed during the summer of 1981. City Engineer Jullie said that the bridges would have cost approximately $80,000 each. Councilman Tangen asked Acting City Manager Frane to send a letter to the School Board thanking them for their cooperation in this matter. MOTION: Rednath moved, secorded by Tangen, to accept the School Board's . offer to eliminate the easterly and westerly pedestrian bridges over Valley View Road. Motion carried unanimously. D. Report of Director of Community Services 1. Round Lake Park Shelter (continued from February 17, 1981) MOTION: Redpath moved, seconded by Edstrom, to reject all bids re- ceived on the Round Lake Park Shelter and authorize the architect to complete the design changes as outlined in the February 20, 1981 memo- randum from Gary Nyberg, Sniley Blotter Associates. Motion carried unanimously. 2. Letter from Mr. & Mrs. Henry Eserhut Community Services Director Lambert said that the Parks, Recreation and Natural Resources Commission had considered the letter from the Eserhuts at its meeting last evening. They had decided that this offer is about five years too soon. City Council Minutes -6- March 3, 1981 MOTION: Moved by Redpath, seconded by Edstrom, to express the regrets of the City Council and to thank Henry and Marie Eserhut for giving the City first opportunity to purchase their property. Motion carried unanimously. 3. Concession/Storage Building at Flying Cloud Ballfields Lambert, Director of Community Services, addressed his memo of February 25, 1981 relating to this matter. MOTION: Redpath moved, seconded by Tangen, to authorize construction of a building approximately 12'x20' on a floating slab adjacent to the parking lot and centrally located at the Flying Cloud Ballfields. Motion carried unanimously. 4. Athletic Association Request for Funds Director of Community Services Lambert referred to 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. Lambert explained that about $300 of this would be used for legal costs to incorporate each Association as a non profit organization with the State of Minnesota and $200 for the initial mailing for each new Association. Discussion centered on whether or not paying the legal costs to incorporate would set a precedent. The consensus was that since the City is hiring a Recreation Director, mailing costs would be justified;but that the various Associations would be advised to seek funding for legal fees from civic associations. MOTION: Redpath moved, seconded by Edstrom, to assist in the cost of the initial mailing for each new Association. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye". Motion carried unan- imously. 5. Community Center Change Order Requests Director of Community Services Lambert referred to his memo of February . 24, 1981. MOTION: Redpath moved, seconded by Tangen, to authorize a change order to provide electrical folding bleachers instead of the manually operated folding bleachers at an additional cost of $465; and to authorize plans for office space for the Athletic Coordinator in the second floor area now designated as storage, including the installation of windows, VAT flooring, painting the walls and installing adequate lighting for office use. Motion carried unanimously. 6. 1982 - LAWCON Grant Director of Community Services Lambert reviewed LAWCON Grant application procedures. MOTION: Edstrom moved, seconded by Redpath, to authorize staff to apply for LAWCON funding to acquire the entire Swedlund parcel for 1982. Motion carried unanimously. 6q7 City Council Minutes -7- March 3, 1981 E. Report of City Engineer 1. Consider bids for improvements in Meadow Park, I.C. 51-360, Valley View Road (watermain - Braun's site), I.C. 51-366, and Willow Creek Road/Flying Cloud Drive, I.C. 51-382 (Resolution No. 81-47) City Engineer Jullie spoke to his memo of February 26, 1981 which summarized construction bids for this project and recommended that Hennen Construction, low bidder, be awarded the contract. MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution 81-47, accepting bid I.C. 51-360, 366 & 382 and awarding the contract to Hennen Construction with a low bid of $445,744.25. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Fenzel voted "aye". Motion carried unanimously. 2. Consider bids for waterworks improvements, Contract No. 3 for connecting watermain lines, I.C. 51-354 III (Resolution No. 81-48) City Engineer Jullie referred to his memo of February 17, 1981. MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 81-48, accepting the bid of Minn-Kota Excavating, Inc., for I.C. 51-354 in the amount of $403,169.00. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Fenzel voted "aye". Motion carried unanimously. 3. Consider bids for waterworks improvements, Contract No. 4 for water plant expansion, I.C. 51-354 IV (Resolution No. 81-49) In a memo of February 27, 1918, City Engineer Jullie outlined the water plant expansion project. MOTION: Moved by Edstrom, seconded by Redpath, to adopt•Resolution No. 81-49, accepting the bid of Barbarossa and Sons, Inc. for I.C. 51-354, in the amount of $2,298,800.00 subject to conformance by all sub-contractors to the specifications called for; in which case, if they cannot be met, the second low bidder would be awarded the contract. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Fenzel voted "aye". Motion carried unanimously. 4. Consider bids for front end loader City Engineer Jullie spoke to his memo of February 27, 1981. Rick Zweber, Road Machinery & Supplies (RMS), stated that his company did not guarantee a repurchase price because only 1% of the "buy back" bids are exercised. C,50 City Council Minutes -8- March 3, 1981 MOTION: Moved by Redpath, seconded by Bentley, to 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; an thorize an additional expenditure of $3,055.00 for 23.5" wide •e in lieu of the standard 20.5" tires. Roll call vote: Bentley, strom, Redpath, Tangen and Penzel voted "aye". Motion carried unanimously. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 9:57 p.m. and to recess into a private session to discuss the litigation. Motion carried unanimously. Basswood Terrace CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 81-03 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, As set forth in Exhibit A, attached hereto and made a part hereof. shall be and hereby is removed from the RM 2.5 District and shall be included hereafter in the RM 6.5 & 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 to the DM 6.5 and R1-13.5 Districts. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of • , 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. ATTEST: Wo fgang H. Penzel, Mayor John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1981. 65 I FOR REZONING LEGAL DESCRIPTIONS: Duplexes That part of Lot 1, Block 6, Basswood Forest, according to the r e c o r d e d ,pla.t, thereof, Hennepin County, Minnesota, described as follows; Commencing at the most northerly corner of said Lot 1; thence South 21 degrees 48 minutes 05 seconds West, assumed bearing, a distance of 188.48 feet along the northwesterly line of said Lot 1 to the angle point on said northwesterly line; thence South 59 degrees 06 minutes 30 seconds West a distance of 447.00 feet along said northwesterly line to the point of beginning of the land to be described; thence continuing South 59 degrees 06 minutes 30 seconds West a distance of 234.71 feet along said northwesterly line to the South 36 degrees 00 minutes 00 seconds West a distance of 175.00 feet; thence South 1 degree 27 minutes 00 seconds East a distance of 168.01 feet; thence South 34 degrees 17 minutes 00 seconds East a distance of 157.96 feet, to the intersection with the southeasterly line of said Lot 1; thence northeasterly, along said southeasterly line to the intersection with a line drawn South 29 degrees 30 minutes 00 seconds East from the point of beginning; thence North 29 degrees 30 minutes 00 seconds West to the point of begin- ning. Single Family That part of Lot 1, Block 6, Basswood Forest, according to the recorded plat thereof, Hennepin County, Minnesota, lying northea s t e r l y of a line and its northwesterly line and southeasterly extensio n s . S a i d line being described as follows: Commencing at the most northerly corner of said Lot 1; thence South 21 degrees 48 minutes 05 seconds West, assumed bearing, a distance of 188.48 feet along the northwesterly line of said Lot 1 to the angle point on said northwesterly line; thence South 59 degrees 06 minutes 30 seconds West a distance of 447.00 feet along said northwesterly line of Lot 1 to the point of beginning of the line to be described; thence South 29 degrees 30 minutes 00 seconds East to the intersection with the southeasterly line of said Lot 1 and there terminating. PRELIMINARY PLAT DESCRIPTION: Lot 1, Block 1, Basswood Forest, Hennepin County, Minn. and, the legals typed above for rezoning. EXHIBIT A 6 62. Basswood Terrace 2/81 DEVELOPER'S AGREEMENT THIS AGRIEMINI, made and entered in to al. of _Awe,/ /2_, 1981 by and between .THE PRESERVE 01 IIH N PRAIRII , . . • a Minnesota corporation t , hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as -"City", W1TNESSETH: WHEREAS, Owner has applied to City to rezone approximately 5 acres from RM 2.5 to R1-13.5 and approximately 2.5 acres from RN 2.5 to RN 6.5, situated In Hennepin County, '',Iate of Minne.mfa, more fully de.:Erilted in Ixhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property for construction of 7 buildings containing 2 residential living units each or an aggregate of 14 units and 12 residential living units. NOW THEREFORE, in consideration of the City adopting Ordinance No. 81-03, Owner covenants and agrees to construction upon, development, and maiatenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated December 2, 1980 reviewed and approved by the City Council on February 3, 1981 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. 663 Developer's Agreement-Basswood Terrace page 2 3. Owner shall convey by Warranty Deed that part of the property shown as Outlot B on Exhibit D, outlined in green to the City immediately upon filing of the plat and prior to issuance of any building permits. Owner shall not grade or permit or cause to occur any construction upon the outlot except storm water drainage improvements required by the City Engineer. 4. Owner shall install and maintain an erosion control bdrrier equal to or greater than depicted on Exhibit B, 'staked haybales'. Said erosion control plan shall be subject to review and approval of the Nine Mile Creek Watershed District. 5. Agfier shall final plat all lots within the property to meet 'minimum size requirements of Ordinance 135. 6. City grants Owner the following variances from City Ordinance pursuant to the provisions of Section 11, Ordinance 135 for the property: a. 5 foot minimum sideyard setback to garage. b. 10 foot minimum sideyard setback to 1-11/2 story house. C . 15 tot minimum sideyard setback to 2 story house. 7. Owner shall construct a 6 foot wide 4 inch thick deep strength asphalt pathway within an alignment in Outlot A approved by City commencing at Basswood Road and terminating in The Preserve Nesbitt Park. 4.54 Developer's Agreement-Basswood Terrace page 3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to he executed as of the day and year aforesaid. . • • CITY: Wolfgang H. Penzel, Mayor STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) John U. franc, Acting City Manager The forenning imtrunwnt w.ic ackonwledqed before ow this day of , 1911I by WolIodnq H. Peniel, the Mayor anif Jan h. Franc, the AEling City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public THE PRESERVE OF EVEN PRAIRIE, INC., a Minnesota corporation r c BY* 'I c; 'n lairence R. Peterson, Vice President STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) 1 TheAoregoing instrument was acknowledged before mP this /2 — day of IYARetr • 1981 by Lawrence R. Peterson, Vice President Of The . PRESERVE OF EDEN PRAIRIE, INC. JOAN D LA poniE • C HEN 7`.i N°1 ";V::'sFI INC (1--) C --•••- •'' yary Public 65S DESCRIPTION FOR RM 6.5 That part of Lot 1, Block 6, Basswood Fewest, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the most northerly corner of said Lot 1; thence South 21 degrees 48 minutes 05 seconds West, assumed bearing, a distance of 188.48 feet along the northwesterly line of said Lot 1 to the angle point on said northwesterly line; thence South 59 degrees 06 minutes 30 seconds West a distance of 447.00 feet along said northwesterly line to the point of beginning of the land to be described; thence continuing South 59 degrees 06 minutes 30 seconds West a distance of 234.71 feet along said northwesterly line to the intersection with the northerly line of said Lot 1; thence South 36 degrees 00 minutes 00 seconds West a distance of 175.00 feet; thence South 1 degree 27 minutes 00 seconds East a distance of 168.04 feet; thence South 34 degrees 17 minutes 00 seconds East a distance of 157.96 feet, to the intersection with the southeasterly line of said Lot 1; thence northeasterly, along said southeasterly line td the intersection with a line drawn South 29 degrees 30 minutes 00 seconds East from the point of beginning; thence North 29 degrees 30 minutes 00 seconds West to the point of beginning. DESCRIPTION FOR R1-13.5 Lot 1, Block 1, Basswood Forest, according to the recorded plat thereof, Hennepin County, Minnesota.. Also that part of Lot 1, Block 6, Basswood Forest, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly of a line and its northwesterly and southeasterly extensions. Said line being described as follows: Commencing at the most northerly corner of said Lot 1; thence South 21 degrees 48 mihutes 05 seconds West, assumed bearing, a distance of 188.48 feet along the northwesterly line of said Lot 1 to the angle point on said northwesterly line; thence South 59 degrees 06 minutes 30 seconds West a distance of 447.00 feet along said northwesterly line of Lot 1 to the point of beginning of the line to be described; thence South 29 degrees 30 minutes 00 seconds East to the inter- section with the southeasterly line of said Lot 1 and there terminating. EXHIBIT A 656 c7— ' \ CL:::51 ‘ N /...,.. • 81.700 .>>7. I /. - ....1.S. ‘:. ' y . / .I i \k• II /14 ...i....*. . n • "I d _ 1 i:.--L. \-----:-;-:::ji 7<RI/ ........ ... ! ,..,.----. /4-..--;_, 1 WI ..--. 1.........___L.... .... ; 0 „....___ • --- -- • -----!. 14•4_0(._r .,,..„,•,,..-- --.1 'L..... , '......, 6.--- _ . y _ , , ... 1 ,.. :---/ f A,z- _.t..,r,i..;,-•,\ -,--,--A - -- : A 0----r-r-----.-.------- — ..,, , , ,..,.,...: i /1\1 ‘'N"-,,. 1 '`./ \' \ "'11" .". " .1's.....1.1.0J n- . '.... 1 d''''' 4. . ..?\%, /. ..• ° I, .., : -r---,.. •- =44i-J., _ .. -- ....it._-....____-___ -2- • •:•••-; :1 'if - -:__..!..1 r`r•-----Z--7 r t.e..'"."_...... '‘:0/ ‘....-.1-.'" • I 1 1;4n1n ii n"4104 ' "''' ' ot' ."," / ' ,. . _ ... ' ......1".. ..,•-0-41..... ".,,,/ .1 1...*,.. SITS DATA LOW •0 ••• 00%07 A al at •••••• sa me. Se nn• S. sssms /...0 Ises.w.• •• *mama lIpaaS LOCATION MAP bag. ...am semen aSS .0.1 le Mem. 1.0.,•• 1%304 8,04 s"... 1".•‘• ••••• IC11181. DEVELOPER'S AGREEMENT EXHIBIT 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 H =100'scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, pre- liminary 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. II. Owner shall submit detailed construction and storm sewer plans to the Nine Mile Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. 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 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 =MP Page 2 of 5 .Exhibit C IV. 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 & 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, Owaer warrants and guarantees the improve- ments against any defect .1:: 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 sutTaragraph 1V.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 ad 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 1V.A above, Owner may submit a 100Z 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- 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. Prioi. to release of final plat, Owner shall pay to City fees for first two year street ligh -,:ing (public streets) engineering re- view and street signs. V. 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 hnd 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 V 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. Omer shall also sod all drainage swabs 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 IV.A hereof shall also guarantee the performance of Owner's obligations under this paragraph v . VI. 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. VII. 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 VI. hereof, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. X. 1/80 8/21/80 Page 4 of 5 Exhibit C • VIII. Provisions of this Agreement shall be binding upon ahd enforceable against Owner, its successors, and assigns of the property herein described. IX. .....Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: In the event there are or willbe 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 Hild.upon the property. • XI. 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 Commlnity Services. Acceptance of improvements by the Director of. Com:unity 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 tfincs provided, upon the conditions, and in accordance with the terms of this subparagraph IV.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) .years in the event of any defect during said 2 year period, and acceptance of the improvements by the Dir- ector of Comunity 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 Community Services. The bond or letter of credit shall he in such form and contain such other provisions and terms as may be required by the Director of Comnunity 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. 66,1 a 2. 1/80 - 9/10/80 1A9L5 of 5 Exhibit C XII. 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 rempdy. The election of any one or more remedies shall not constitute a waiver of any other remedy. xiii. 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. 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. XIV. 6 EXHIBIT • ail . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO R81-62 A RESOLUTION APPROVING FINAL PLAT OF BASSWOOD TERRACE WHEREAS, the plat of Basswood Terrace has been sub- mitted in the manner required for platting land •nde r t h e E d e n P r a i r i e O r d i n a n c e Code and under Chapter 462 of the Minnesota Statute s a n d a l l p r o c e e d i n g s h a v e b e e n duly had thereunder, and WHEREAS, said plat is in all respects consistent w i t h t h e C i t y p l a n a n d the regulations and requirements of the laws of t h e S t a t e o f M i n n e s o t a a n d o r d i n - ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L O F T H E C I T Y O F .EDEN PRAIRIE: A. Plat Approval Request for Basswood Terrace is approved upon compliance with the recommendation of the C i t y E n g i n e e r ' s Report on this plat dated March 12, 1981 B. That the City Clerk is hereby directed to file a ce r t i f i e d c o p y o f this resolution in the office of the Register of D e e d a n d / o r R e g i s - trar of Titles for their use as required by MSA 462 . 3 5 8 . S u b d . 3 . . C. That the City Clerk is hereby directed to supply a c e r t i f i e d c o p y of this Resolution to the owners and subdividers o f t h e a b o v e n a m e d - plat. D. That the Mayor and City Manager are hereby aut h o r i z e d t o E x e c i . i t e the certificate of approval on behalf of the City C o u n c i l u p o n c o m - pliance with the foregoing provisions.. ADOPTED by the City Council on ATTEST: Vali -gang H. Penzel, Mayor SEAL ;fan OTITane , • 'TO: TC1ROUGH: FROM: DATE: SUBJECT: CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Penzel and City Council Members John Frane, Acting City Manager Carl Jullie, City Engineer March 12, 1981 BASSWOOD TERRACE 'PROPOSAL: The Preserve is requesting City Council approval o f t h e f i n a l plat of Basswood Terrace. This plat consists of 1 2 l o t s zoned R1-13.5 and 14 lots zoned RN 6.5 and conta i n s a p p r o x i - mately 7.5 acres. The plat is located north of B a s s w o o d R o a d and west of Black Maple Drive and is a replat of L o t 1 , B l o c k 1 Basswood Forest. Outlot A will be used as a wa l k w a y connection to the Preserve Nesbitt Park and wil l b e o w n e d by the Homeowners Association. Outlot B is cur r e n t l y a pending area and abuts the Preserve Park. Owne r s h i p o f Outlet B will be conveyed to the City in confor m a n c e t o t h e Developers Agreement. HISTORY: The preliminary plat was approved by the City C o u n c i l o n February 3, 1981 per Resolution R81-33. • Fin;.1 reading of Ordinance #81-03 rezoning the propert y t o 111-13.5 and RN 6.5 is scheduled for March 17, 1 9 8 1 , The Developers Agreement referred to within thi s r e p o r t i s scheduled to be executed on March 17, 1981. VARIANCES: Approved variances are given in item #6 of the D e v e l o p e r s Agreement. Future variance requests must be pro c e s s e d through the Board of Appeals. UTILITIFS & The street name "Black Maple Court" will be chan g e d t o " B l a c k STREETS: Maple Drive". The street name "Basswood Court" w i l l b e changed to a name approved by the Engineering De p a r t m e n t prior to release of the final plat. The requirem e n t s f o r t h e installation of utilities and streets are covere d i n t h e Developers Agreement. The requirements for park dedication are covered in the Developers Agreement. The requirements for bonding are covered in the D e v e l o p e r s Agreement. RECOMMENDATION: Recommend approval of the final p l a t o f B a s s w o o d T e r r a c e subject to the requirements of this report, the D e v e l o p e r s Agreement and the following: 1. Receipt of cash deposit for street lighting in the WS PARK DEDICATION: BONDING:. Pg 2 - Basswood Terrace final plat amount of $665.10. 2. Receipt of fee for City Engineering in the amount of $780.00 • 3. Receipt of Warranty Deed for Outlot B. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the 117 day of , 1981. Preserve Center 3rd A& CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 81-06 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 135 is amended as follows: The following described property, situated in the County of Hennepin, State of Minnesota, As set forth in Exhibit A attached hereto and made a part hereof. shall be and hereby is removed from the Rural District and shall be included hereafter in the RM 6.5 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 to the W4 6.5 District. Section 3. This ordinance shall become effective from and after its passaga and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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. LEGAL DESCRIPTION Lot I, Block 2, Preserve Center 2nd Addition, accord- ing to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. The easterly 25.00 feet as measured at right angles of Outlot R, Lake Eden, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County, lying northerly of the northerly right-of-way line of Preserve Blvd. as de)ineated on Neill Woods 2nd Addition, according to the plat thereof on file or of record in the dffice of the Registrar of Titles in and for said County. EXHIBIT A '7 n••.' March 13, 1981 Mayor and City Council City Hall C950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Valley Place Offices Dear Sirs, Following the approval of this project by the Planning Commission on Monday, March 9, 1981, we wish to request a public hearing at the City Council. If possible, we would like it to be held at the meeting of April 7, 1981. Thank you for your consideration. fr'Y -1 Clkm•tus—S,Oarrity Partner for'C.S.J. Development G.1„(641/4 March 17,1981 CITY OF EDEN PRAIRIE ' HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-57 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-325 III) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc, has prepared plans and specifications for the following improvement, to wit, I.C. 51-325 III Pedestrian bridge over Valley View Rd at Round Lake Park and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Thursday, April 16, 1981, and considered by the Council at 7:30 o'clock P.M. on. Tuesday, April 21, 1981, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on ATTEST: Wolfgang H. Penzel, Mayor SEAL John D. Franc, Clerk 449 6'70 " CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-58 RESOLUTION AUTHORIZING EXECUTION OF STIPULATION AGREEMENT WITH C H St.P & P RAILROAD CO. DE IT RESOLVED by the Eden Prairie City Council as follows: The attached Stipulation Agreement with the Trustee of the property of the Chicago, Milwaukee, St. Paul, and Pacific Railroad Co. covering the proposed crossing of said companies track at M.P. 437.65 (Valley View Road) is herein approved and the Mayor and acting City Manager are herein authorized to execute same on behalf of the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie on WElfgang H. Penzel, Mayor . ATTEST SEAL John D. Frane, Clerk MEMO TO: Mayor Penzel and Members of the City Council THROUGH: John Frane, Acting City Manager FROM: Carl Jullie, City Engineer DATE: March 17, 1981 SUBJECT: Stipulation agreement with Chicago/Milwaukee Railroad Co. I.C. 51-325 The Chicago, Milwaukee, St. Paul, and Pacific Railroad Co. has requested that the City enter into a Stipulation Agreement prior to their issuance to the City of a permit for a new crossing of Valley View Road west of the present Duck Lake Road crossing. The Railroad Company will complete the improvements required at the crossing, including installation of the signals. The estimated City cost covered by this agreement are $32,057. This amount Is eligible for State aid embursement. Mr. Rosow from Roger Pauly's office has reviewed the draft of this agreement and finds no objections. Recommend approval of said stipulation agreement and resolution R81-58 authorizing the Mayor and acting City Manager to execute same on behalf of the City. CJJ:sg ,f,„,/,-„,1 • • - E ZI P M L A AGRERMENT THIS AGREEMENT made and entered Into by and between the CITY OF EDEN PRAIRIE, MINNESOTA, hereinafter referred to as the "ROAD AUTHORITY" and RICHARD D. OGILVIE, As TRUSTEE GT THU PROPEKTY CT THE crucAco, raLwAmmz, ST.PAUL PACIFIC RAILRCAD =PANT, DEBTOR, hereinaftor referred to as the "CCEPANY". S. EITNESSETH • THAT, WHEREAS, Duck Lake Road as presently located and constructed in the City of Eden Prairie, Minneootn, these crossen at grade the main line track of the COMPANY at M.P. 437.52 and the crooning thus formed is provided with :standard crossbuck signs; and wirErris. the MD AUTHORITY proposes to extend Valley View Road on a general East-West aligaaent across the COMPANY'S track at H.P. 437.65 oubstantially as shown on the print o2 the genera/ plan sheet marked Exhibit "A" attached hereto; end Ti3 partien hereto desire to net forth the terms and conditions for compliance with an rnticipated Order or the Minnesota Department of TraosPor" tation providing ror construction of an at grade crossing with automatic signals at Valley Vice Road and subsequent closing and vacation of the grade crossing at Duck Lake Road; T=orm, in consideration of the prtnises and of the mutual covesna:,to tn& agrecanIts es harainafter ccntainad, the parties hereto agree as folow:J: The "Standard Provisions for Highway-Railrand Agreements" eached harel:o are hereby Made A part of Chin Agreement. 'L! J-. The RCI'M Amorm hereby agrees that it will negotiate with I,) CoriPALY the g„raning, by separate instrument and ssbject to ite rights thereto, of an easement rip,ht to construat, maintain and use for roadway purposes only, an eacaoent acrons the railroad right-of-way required to accommodate Valley View Road; and that it will vacate Duck Lake Road across the railroad right-of-way upon completion of this project. SECTION 3. The R(AD AUTHORITY shoAl secure or cause to be secured all rights-of-way or easements required for Ito project, in addition to that provided for in Section 2 hereof, and shall construct and complete its project all without cost or assessment to the CCETARY. SECT ON 4. The parties hereto shall construct or cause to be constructed, the following items of work: Cl). WORK ry TnE GOVAN?. The COMPANY shall furnish, or cause to be • furnished, at the expense of the ROAD AUTHORITY, all of the labor, materials and work equipment required to perform and complete. 02 The preparation of detailed drawings, cost estimates and any required 'specifications for the work contemplated to be performed by the COMA= as provided, herein. Any necessary adjustment of signal and communications polnlina facilities required to accommodate this project. The preparation of the track structure for construction of Valley View Road grade crossing, installation of approximately 45 feet of prefabricated rubber crossing from back of curb to back of curb, and installation of flange, and guard timbers with bituminous material to extend the crossing approximately 16 feet on each side thru the t sidewalk areas. (d). The removal of Duck Lake Road grade crossing. (o). Incidental 'oak ceeensary to complete the items hereinabeve • ;. specified. The entimIted tetal coat of the work to be performed hereunder by the COMPANY at the expense of the RI= AUTHORITY no outlined above is $‘7.2,0,1 -7 42- an indicated in tha detailed estimate of coat attached hereto and marked Ex h i b i t eD n . (2): yOU_ BY T17, P.T.D .AUTPORTTY. The ROAD ALPM1ORITY shall furniah or came to be furnished, at ito expense, all of the labor, materials ntd work equipment required to perform and complete, (0 . The raortrvaLion cf rc‘tte.;;oy approachen, drainage facilities, curb and mItter„ nidewalks end paving up to the new grade crooning for Valley View Rend in accordance with plans to be approved by the COMP.ANY. (1 .)• Xnr'callstien of opproprie cigrat and pavement taarkings. V^mcvz1 of the roadwny cpproachos to exiating Duck Lake Road CE04.1141. (d). 7lv:Itlentn1VO7 roaCZVL31.7 to complete tht item haroinabove upecified. EITT .5. In ce.:.:plicsce with tLe Federal Highway Progrmn Mhnual, Volume 6, Chapter 6, Section 2, Subsection I dated April 25, 1975, and supplementa which determirL:s the Railroad benefit and lihbility, the proposed grade crossing improvement meets Classification I of Paragraph 6(b), a cstegery -.not considered as a benefit to the =ANY, and no contribution by the COMPANY in required. sncTIm 6. upon completion of the project herein provided, the ROAD AUTHORITY nhall maintain, at ita expenae; the roadway and crossing approach e s u p to the ends of the track ties. The COIRANY nhall operate and maintain its t r a c k , the crossing over its tics and the crossing warning devices as may be provid e d for herein, but this said obligation to maintain naid crossing and paid warning devicc,. obeli continue in accordance with Federal or State low an it dual be from time to time in the future. -2 - (a). (:13 071/ _ . prc7ToN 7. In the event a temporary construc t O n e r o s s i n g i s r e q u i r e d to facilitate this project, the ROAD AUTHORITY shall require its contractor to execute a Temporary Private Creasing A g r e e m e n t a n d t o r e i m b u r s e t h e C ( R f P A N Y f o r coots incurred thoreundier. SECTION 8. This Agreement shall become effect i v e u p o n i s s u a n c e o f a n Order by the Minneaota Department o f T r a n s p o r t a t i o n a p p r o v i n g t h e p r o j e c t p r o p o s e d .herein. It in auticipated that suc h O r d e r w i l l r e q u i r e t h e i n a t a l l a t i o n o f automatic highway-railway creasing w a r n i n g d e v i c e s . I t i s h e r e b y a g r e e d t h a t t h e ROAD AUTHORITY will reimburse the C O M P A N Y f o r a n y c o s t o f s u c h i n s t a l l a t i o n n o t covered by Federal, State or other public funda provide d f o r u n d e r t h e O r d e r o r oubsequent agreement. fECTION 9. Thin Agreement shall be binding u p o n R i c h a r d B . O g i l v i e , not vs an individual, but oolely in h i s c a p a c i t y a s T r u s t e e . firmoN In. This Agreement shall be binding upo n t h e p a r t i e s h e r e t o , their succeasors or ensigns. IN WITNESS =REM, the partien heret o h a v e c a u s e d t h i s A g r e e m e n t t o b e executed in triplicate counterparts, e a c h o f w h i c h c b a l l b e c o n s i d e r e d n o a n original by their duly authorised o f f i c e r s , a s o f t h e d a t e s below indicated. One eountorpart of the executed Agreeme n t s h a l l b e r e t a i n e d b y e a c h p a r t y h e r e t o , a n d the remaining counterpart shall WI filed with the Minnesota D e p a r t m e n t o f T r a n s p o r - tation. Executed by the ROAD AUTHORIDI this day of 19 AIYEST: )3y Executed by the COMPANY, this day of Meg 19PZ ATTEST: - By Secretary 17k, • • Lnn •n ••• al 47 Wo.ls RICHARD B. OGILVIE, AS TRUSTEE OF THE PROPERTY OF THE CHICAGO, MIIMAUKEE, ST.PAUL AND PA = RAILRWID COMPANY, DEBTOR APPROW; d -3- MEMORANDUM .TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission John D. Franc, Acting City Manger Bob Lambert, Director of Community Servicrs--at------ March 12, 1981 Revision to Eden Prairie Comprehensive Plan Review Attached to this memo is a letter from Barbara Senness, Local Assistance Planner of the Metropolitan Cotnicil. In this letter she indicates first of all that the Metropolitan Council will amend its plan review removing the required modification regarding Riley Lake Park. The plan review will state that the City will only conform to the Council's plan temporarily. The Citymust then request the Metropolitan Council to consider a system plan amendment changing the parks and open space portion of the Metropolitan Systems Plan. The reason for this change in procedure is pointed out in her letter when she states that thc scope of an appeal cannot extend to the question of modification of the system plan itself. In effect, the City will hopefully obtain the same results by submitting a request for a system p1 an amendmend to the park system plan at the regularly scheduled public hearing on the Capitol Improvement Program for the Regional Park System. These hearings are scheduled for July of 1981. At this time, staff requests the City Council to withdraw its appeal request and instead request the Metropolitan Council to consider a system plan amendment to the Regional Park System Plan revising the designation of Riley Lake Park from a regional park to a community park. BL:md 415-- 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 012, 291-0359 March 9, 1981 Mr. Robert A. Lambert Director of Community Services City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Revision to Eden Prairie Comprehensive Plan Review Metropolitan Council District No. 16 Metropolitan Council Referral File No. 7765-3 Dear Mr. Lambert: As a followup to our meeting of March 6, 1981, I have summarized how Council staff proposes to consider Eden Prairie's appeal request regarding the classification and size of Riley Lake Park. My previous understanding, which was reconfirmed at the meeting, was that the city's principal aim is not an appeal of the plan modification, but rather an amendment to the Council system plan for parhs. Given the ground' for appeal as established in the Metropolitan Land Planning Act and the nature of the city's appeal request, it would appear that a system plan amendment is the appropriate course of action in any regard. The scope of an appeal is limited to the Council's finding on whether the city's plan is inconsistent with the system plan. The scope of an appeal cannot extend to the question of modification of the system plan itself. System plans are adopted and modified through a separate process set forth in another section of Minnesota law affecting the Council (M.S. 473.146 and 473.147). Therefore, as we discussed, Council staff is asking Eden Prairie to withdraw its appeal request and instead request the Council to consider a system plan amendment this summer when the Council will consider other amendments to the parks system plan. This request should again be directed to Chairman Weaver. In the meantime, in order to allow the city to adopt its comprehensive plan, the Council will amend its plan review, removing 06, An Awl,Ivy CroAlva lo Coordiamtv that 1'1.111111W arid Dvvvh IpteiVIII or the Twin VII ropol it rats Avow Committing: IP 1 ••••••n •••in 14nitionv tttttt V l n RCOtt CoUllty 0 CiAsoity Mr. Robert A. Lambert 2 March 9, 1981 the required modification regarding Riley Lake Park. Although. the system plan was amended in November 1980 to include Riley Lake as a regional park, the system plan in effect when Eden Prairie's plan was reviewed indicated either Bryant Lake or Riley Lake as a regional facility. While the plan review will state that the city will only conform to Council plans temporarily (changes to regional system plans must be reflected in a local plan within nine months of their.adoption), it is the Council's intent not to hold up the city in adopting and implementing its plan. If you have any questions regarding this matter, please do not hesitate to call. Otherwise, I look forward to receiving the city's amendment request, so staff can begin to process the nodification to Eden Prairie's plan review. Sincerely, P..?1,04AK Se Barbara L. Senness, AICP Local Assistance Planner BLS:im CC: William Sando, Metropolitan Council District No. 16 Chris Enger, Planning Director ' RESOLUTION NO. R8143 . RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 60070 . FOR T.H. 169/CO. RD 1 INTERSECTION RESOLUTION BE IT RESOLVED that the City of Eden Prairie enter into an a'greement with the State of Minnesota, Department of Transportation, for the following purposes, to-wit: To remove the existing and provide a new traffic control signal with street lights and signing on Trunk Highway No. 169 at County State Aid Highway No. 1 in accordance with the terms and conditions set forth and contained in Agreement No. 60070 a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City of Eden Prairie officers be and hereby are authorized to execute such agreement and thereby assume for and on behalf of the City all of the contractual obligations contained therein, CERTIFICATION State of Minnesota County of.Henncpin City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Eden Prairie at a duly authorized meeting thereof held on the day of 1980, as shown by the minutes of said meeting in my possession. City Clerk (Seal) "NES01.4 ) 1 esota . fi 14, Departmentof Transportation it v g District Five if 5801 Duluth Street ''.0Fro Golden Valley, Minnesota 55422 (612) 545.3761 .March 10, 1981 Mr. Carl Jullie, P. E. City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: S. P. 2744-30 (T.H. 169 @ GSM #1) Traffic Control Signal Agreement 60070 Dear Mr. Jullie: We are requesting that your City Council act on the above referenced agreement and plan approval as soon as possible. The agreement is three-party, and must also be executed by Hennepin County prior to letting. At a later date we will be requesting action by your city on Agree- ment No. 60167, which includes the city's share of the curb and gutter and associated costs. If you have any questions, please call me or Harry Theroux. Sincerely, // ( C' C. E. Weichselbaum, P.E. District State Aid Engineer CEW:pm 09 Au Equal Opportunity Empbyer MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL ACRECKENT NO. 60070 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATIO N AND THE COUNTY OF HENNEPIN AND THE CITY OF EDEN PRAIRIE TO ReAove the existing aul proviee a new Traffic Control Signal with Street Lights and Signing on Trunk Highway No. 1 6 9 a t County State Aid Highway No. 1 in Eden Prairie, Hennepin County, Minnesota. 'S.P. 2744-10 P.P. F0052(61) Prepared by Traffic EnginL:ering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of Eden Prairie $5,613.97 County of Hennepin None $5,613.97 Otherwise covered THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the County of Hennepin, hereinafter referred to as the "County", and the City of Eden Prairie, hereinafter referred to as the "City", WITNESSETH: WHEREAS, it is considered mutually desirable to remove the existing and provide a new traffic control signal with street lights and signing at the intersection of Trunk Highway No. 169 and County State Aid Highway No. 1 in Eden Prairie, Hennepin County; and WHEREAS., it is anticipated that said work is eligible for 76.73 percent Federal-aid Funds; and WHEREAS, the County, City and State will participate in the cost, maintenance and operation of said traffic Control signal with street lights and signing as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Me State shall prepare the necessary plan, specifi- catjons and proposal and shall perform the engineering and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. 2. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials, and equipment rental required to complete the work, except the cost of providing the power supply to the service pole or pad shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 60070 -1- 3. The State with its own forces and equipment or by contract shall remove the existing and install or cause the installation of a new traffic control signal with street lights and signing at the intersection of Trunk Highway No. 169 and County State Aid Highway No. 1 in accordance with the plan and specifications for State Project No. 2744-30. Participation in the Construction Cost is 50 percent State, 25 percent City and 25 percent County of the amount remaining after the Federal-aid participation, if any, which is approved for said State Project is deducted. Estimated Construction Cost is $91,000 which includes $11,000 for state force account work. City's share is 5.82 percent. County's share is 5.82 percent. State's share is 11.63 percent. Anticipated Federal-aid share is 76.73 percent. 4. Upon execution of this agreement and a request in writing by the State, the City and the County shall each advance to the State an amount ccival to their share of the cost based on the actual bid price, estimated cost for state force account work anel actual Federal-aid share plus 6 percent of such amount for the City's and the County's shares of the cost for Engineering and Inspection. 5. Upon final payment to the Contractor and computation of the City's and the County's shares for the work provided for herein, that amount of the funds advanced by the City and the County in excess of the City's and the County's shares will be returned to the City and the County without interest and the 60070 -2- "Ws City and the County each agree to pay to the State that amount of the City's and the County's shares which is in excess of the amount of the funds advanced by the City and the County. G. The State shall install or cause the installation of overhead signing and shall maintain said signing at no cost to the City or the County. 7. In the event the State advertises for bids for all or a portion of the work in paragraph 3 hereof, the State shall submit to the Hennepin County Engineer a certified copy of the low bid received and an abstract of all bids received by the State, together with the State's request for concurrence by the County in the award of a constuction contract. Award of the contract shall not be made until the County Engineer advises the State in writing of its concurrence. .S. Final plans and specifications for construction of the traffic control signEJ with street lights installation providd for in p:Jagraph 3 hereof shall have County approval • prior to award of a construction contract by the State. Said County approvzil shall be evidenced by signature of the County Engineer in the designated space therefore On the original plan. 9. The construction work provided for herein shall be under the direction and supervision of the State. It is agreed, however, that the County shall have the right to periodically ' inspect the cost sharing construction work provided for in paragraph 3 hereof. The State shall have the exclusive right .60070 -3- to determine whether the work has been satisfactorily performed by the State's contractor. 10. The City shall install or cause the installation of an adequate electrical power supply to the service pole or pad including any necessary extensions of power lines, and upon completion of the traffic control signal with street lights instal2ation shall provide necessary electical power for its operation at the cost and expense of the City. 11. Upon completion of the work contemplated in paragraph 3 hereof, the State shall maintain and keep in repair the traffic control signal except for relamping, cleaning and painting at its cost and expense; and the City shall relamp, clean and paint the traffic control signal and maintain the street lights at its cost and expense. 11. Any and all parsons engaged in the aforesaid work to be performed by the State shall not be considered employees of the County or City and any and all claims that may or might arise under the Worker's Compensation Act of this State on behalf of said cployaes vhile so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work con- templated herein shall not be the obligation and responsibility of the County or .City. The State shall not be responsible under • the Worker's Compensation Act for any employees of the County or City. 60070 r4- .01 13. The State shall insert in any contract with the successful bidder a clause requiring the successful bidder to • hold the County harmless and also clauses requiring the success- ful bidder to provide and maintain insurance, all as follows: ; a. The Contractor shall defend, indemnify and save harmless the County of Hennepin, its officers, agents and . employees from all suits, actions and claims of any character brought because of injuries or damages received or sustained by any person, persons, or property on account of the operations of the said Contractor or any subcontractor or their agents or employees, or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constrocting the work; or because of any act or omission, neglect, or misconduct of said Contractor or any subcontractor or their agents or employees; or because of any claims arising or amounts recovered from infringements of patent, traeleark, or copyright; or because of any claims . arising or. amounts recovered under the Worker's Compensation /xt; or under any other law, ordinance, order or decree. b. The Contractor shall not commence work under the Contract until he has obtained the following insurance, and such insurance has been approved by the Hennepin County Purchasing Director. Any such insurance shall be written by an insurance . company or companies duly licensed with the State of Minnesota. 60070 -5- The Contractor shall deposit with the County Purchasing Director the original, or a certified duplicate copy thereof as . applicable to this project, of the Public Liability and Property Damage Insurance Policies, required hereunder. The Contractor shall furnish the County with a certificate of insurance from the insurance company 'issuing the policies for Worker's Com- pensation Insurance and such other insurance as is herein required. All policies and certificates shall provide that the policies shall give ton (10) days written notice to the County Purchasing Director before cancellation, material change or non-renewal. The Contractor shall procure and maintain during the life of the Contract and until the work to be performed has duly accepted, insurance policies as follows: (1) runrac LIABILITY Arm PROPERTY DAMAGE INSURANCE: For and in behalf of himself and the County of Dennepin as joint assureds, and with a cross liability endorsement protecting the County of Hennepin from claims or damages for personal injuries, including accidental death, as well as from claims for property . damage which may arise from operations under the Contract, whether such operations be by the Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them. Provided that the Contractor may require each of its subcontractors to procure and maintain during the life of its subcontract public 'liability coverage as provided herein. Said Public Liability and Public Property Damage Insurance policy shall provide that insuranc e 60070 company waives the right to assert the immunity of the County as a defense to any claim made under said insurance. The amount Of said insurance will be as follows: Public Liability Insurance in an amount of not less than One Million Dollars for all damages arising out of bodily injuries to, or death of one person and - subject to the same limit for each person in a total amount of not less than One Million Dollars on account of one occurrence, and Property damage insurance in an amount not less than One Million Dollars for all damages to or destruction of property in any one occurrence and subject to that limit, a total limit of One Million Dollars for all damages to or destruction of property during the policy period. Property Damage Liability Coverage shall include coverage for hazards of explosion, collapse and damage to underground property, and broad form property damage. Completed Operations Coverage shall be maintained in effect during construction and for a period of not less than one year after date of substantial completion of the work. The Contractor shall be responsible for all deductions or retentions which may apply to any of the insurance coverages. (2) WORKER'S COMPENSATION INSURANCE: For all his employees employed at the site of the project and, in case any work is sublet, the Contractor shall require the subcontractor to provide Worker's Compensation Insurance for all his employees. (3) AUTOmOBTLE PUBLIC LIABILITY INSURANCE: One Million Dollars for all damages arising out of the bodily injuries to, or death of one person, and subject to that limit for each person, a 60070 -7- total of One Million Dollars for any one occurrence, and property . damage liability insurance in an amount not less than One Millio n Dollars for all damages to or destruction of property in any one occurrence. Said insurance shall be written on a Comprehensive Automobile Liability Form and shall cover owned, non-owned and hired vehicles, and shall also cover loading and unloading operati o n s . Provided that the Contractor may include any subcontractor in its policy or require any subcontractor to obtain its own automobile liability coverage, as set forth herein. c. The County hereby agrees to pay the State the total amount of all insurance premium costs incurred by the State's contractor for State Project No. 2744-30 in procuring and main- taining, for the duration of the contractor's contractual obligatio n to said state project, the liability insurance coverage described herein. At such time, be it one or more, as the said State's contractor furnishes the State with a certified statement of the insurance premium costs the contractor has incurred on procuring the aforesaid insurance coverage, the State will invoice the County for the total amount of the insurance premium costs set forth in said certified statement from the contractor, and the County shall, upon receipt of said invoice, promptly make payment thereof to the State. 14. If it appears, at any time, that the cost to the • County for the work provided for in paragraph 3 will exceed the 'estimated amount of $5,613.97, the State will promptly notify the • County Engineer in writing as to the amount and the reason for th e increased cost. 60070 ofq 15. All timing of all traffic control signals provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 60070 -9- 60070 • 00 -10- COUNTY OF HENNEPIN . RECOMMENDED FOR APPROVAL: By By Deputy County Administrator Chair of its County Board By Dated Associate County Administrator and County Engineer (County Seal) By Attest: Director-Dept. of Transportation Deputy County Auditor Upon proper execution, this agreement APPROVED AS TO EXECUTION: will be legally valid and binding upon date of approval. By By Assistant County Attorney Dated . Dated 60070 0 1 CITY OF EDEN PRAIRIE . APPROVED AS TO FORM: By City Attorney Mayor (City Seal) By City Manager STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION By District Engineer Field Operations Division Assistant Commissioner Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION: By Special Assistant Attorney General State of Minnesota Dated ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor SEAL 6,6a. ATTEST: John D. Franc, Clerk March 17, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-64 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C. 51-395) 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. • 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 3 weeks, shall .specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Thursday, April 16, 1981, and considered by the Council at 7:30 o'clock P.M. on Tuesday, April 21, 1981, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5Z (percent) of the amount of such bid. WHEREAS, the City Engineer, has prepared plans and specifications for the following improvement, to wit, 1.C, 51-39S, Sewer and water improvements on Luther Way, Riadow Lane and Round Lake Park and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 17, 1981 CONTRACTOR (j1ulti-family & Comm.) DoilThin Construction, Inc. Hipp's Construction Co. Russnick Contractor, Inc. CONTRACTOR (1 & 2 Family1 Deco Construction, Inc. Freudenberg Conttruction Gustafson & Associates Palmer House Builders S & M Builders, Inc. W. Davis Construction Co. GAS FITTERS' Crons&bm's Heating & Air Conditioning Mill City Heating &,Air Conditioning Minnesota Gas Co. Northern Propane Co. Thermex Corporation Yale, Inc. HEATING & VENTILATING Bowler Co., Inc. Centraire, Inc. Cronstrom's .Heating & Air Conditioning Faircon, Inc. Hearth & Home Co. Mill City Heating & Air Conditioning Yale, Inc. PLUMBING 'Bowler Co., Inc. Hanson-Kleven Plumbing Co. L. J. Katz Corporation National Installers Plumbing Nieman Plumbing & Heating Terry Sturm Plumbing Widmer Brothers, Inc. CIGARETTES & TOBACCO Country Kitchen Canteen Co. of Minnesota, Inc. Food Handlers License - Type A Carousel Snack Bar FOOD HANDLERS LICENSE - TYPE 8 Mark's Eden Prairie Standard FOOD HANDLERS LICENSE - TYPE C Main Street Ice Cream, Inc. United Artists Theatre Circuit, Inc. RETAIL CANDY OUTLET Fanny Farmer Candy Shops VENDING MACHINES iteen Co. of Minnesota, Inc. Coca-Cola Bottling Midwest, Inc. Mark's Eden Prairie Standard THEATRE LICENSE United Artists Theatre Circuit, Inc. MECHANICAL DEVICES United Artists Theatre Circuit, In. SOLICITORS LICENSE Mary Jo Thompson WATER SOFTNERS Surge Soft Witer SCAVENGER Services, Inc. SEPTIC SYSTEM Sullivan's Services, Inc. WELL DRILLING Torgerson Well Co., Inc. G9 Unapproved Planning Commission Minutes -3- 3/9/81 ALL MEMBERS PRESENT. B. CO RD. 4/TM 5 PLAN STUDY. Reinstating properties located in the Northeast, Southeast, and Southwest quadrants of Co. Rd. 4 and TM 5. A public meeting. The Planner reviewed the 2/26/81 memo and stated that every year less properties within the 4/TM 5 area are rezoned back to Plan Study. Torjesen asked if the approved PUD's are in accordance with the Guide Plan. The Planner replied yes. Torjesen then asked if the Guide Plan supercedes zoning. The Planner replied no. Mr. & Mrs. Mohr, 1581-85 Carfield Circle, asked The Planner to explain this because they are new owners in the area. The Planner then explained the Plan Study area. MOTION Rettcrath moved to recommend to the City Council reinstating the properties out- lined in the 2/26/81 memo back into PS District. Gartner seconded, motion carried 7-0. Ocl JJ:ss L 95 TO: FROM: DATE: REGARDING: City Council Jean Johnson, Assistant Planner February 26, 1981 PLAN STUDY ZONING AROUND THE CO RD 4/TH 5 INTERSECTION Yearly since 1976 the City Council has conducted public hearings reinstating properties around Co. Rd. 4 and TH 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. I C PARCEL . 2 3 OWNER McCubrey Twiss & Associates Mason,H.T. Gonyea Invt. •7080.4. • 4 SuperAmerica Kamstra Amoco Oil Birchwood Lab. C 0 R Invt. 40171 ^I 4: 8 .:Ac..? 'Stewalt Sand ,A •rn 41'4'0 - 44. north PLAN 'STUDY WiTgang H. Penzel, Mayor SEAL 641 ? ATTEST: John D. Frane, Clerk March 17, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-55 RESOLUTION ORDERING IMPROVEMENTS (I.C. 51-380) WHEREAS, a resolution of the City Council adopted the 17th day of February, 1981, fixed the 17th day of March, 1981, as the date for a public hearing on the following proposed improvements: I.C. 51-350, Street and drainage improvements on Hilltop Road west of Eden Prairie Road 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 required notice and the hearing was held and property owners heard on the 17th day of March 1981; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 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 specifications for the making of such improvement. ADOPTED by the City Council of the City of Eden Prairie on MEMO TO: Mayor Penzel and Members of the City Council THROUGH: John Frane, Acting City Manager FROM: Carl Jullie, City Engineer DATE: March 12, 1981 SUBJECT: Proposed Improvements on Hilltop Rd. I.C. 51-380 The enclosed memo of March 10, 1981, was mailed to all property owners listed on the preliminary assessment roll for the project. The feasibility report covering the project was included in the Council's packet for the February 10th meeting. Petitions for this project were received; however, there may be some objections to the proposed storm sewer assessment which will extend to properties which are directly abutting on Hilltop Rd. CJJ:sg M£M0 March 10, 1981 .. TO: Property Owners on Hilltop Road FROM: City of Eden Prairie Engineering Department SUBJECT: Proposed Street and Drainage I m p r o v e m e n t s I.C. 51-380 Recently you received a notice of publ i c h e a r i n g s c h e d u l e d f o r M a r c h 1 7 , 1 9 8 1 , regarding proposed street and drainag e i m p r o v e m e n t s o n H i l l t o p R o a d . T h e purpose of this letter, and attachment s h e r e t o , i s t o p r o v i d e a d d i t i o n a l information for you, prior to the form a l h e a r i n g , r e g a r d i n g t h e p r o j e c t description, construction costs and as s e s s m e n t d a t a . PROJECT DESCRIPTION Proposed Imrpovement Contract 51-380 wo u l d i n t l u d e g r a d i n g o f t h e e x i s t i n g road as required for placement of. a 4" g r a v e l b a s e a n d a 2 " b i t u m i n o u s s u r f a c e 24' wide with sodding and topsoil as re q u i r e d t o r e s t o r e a d j a c e n t b o u l e v a r d areas. A preliminary survey of the exi s t i n g r o a d w a y i n d i c a t e s t h a t s o m e 'realignment of the road All be require d t o c e n t e r t h e r o a d w i t h i n t h e a c t u a l right-of-way. Since sanitary sewer and w a t e r s e r v i c e s a r e n o t a v a i l a b l e f o r extension to the area at this time, th e p r o p o s e d s t r e e t s e c t i o n i s i n t e r i m and does not include concrete curb and g u t t e r . Due to the landlocked drainage conditi o n s a t t h e w e s t e n d o f H i l l t o p R o a d , a drainage system using 18" storm sewe r w i l l b e p r o v i d e d w i t h i n t h e r i g h t - o f way at the lowest point in the new ro a d . T h e d e f i n e d d r a i n a g e a r e a n o r t h e r l y and westerly of Hilltop Road slopes to a s o u t h e r l y d i r e c t i o n , t h e r e b y contributing water runoff to the prop o s e d s t o r m s e w e r s y s t e m . T h i s d r a i n a g e area, along with the Hilltop Road surf a c e d r a i n a g e , c o n s t i t u t e s a p p r o x i m a t e l y 26 acres which will require 18" sewer p i p e t o a d e q u a t e l y h a n d l e p r e s e n t a n d future runoff. Storm sewer pipe would b e p l a c e d i n t h e 3 3 ' r i g h t - O f - w a y located at the west end of the Eden Hei g h t s s u b d i v i s i o n t o p r o v i d e u n d e r g r o u n d drainage in a southerly direction from H i l l t o p R o a d t o a n existing drainage swab e located approximately 630 feet sout h o f H i l l t o p R o a d . T h i s s t o r m sewer is required to accomodate proper s t o r m w a t e r d r a i n a g e a n d e r o s i o n control. PROJECT COSTS AND ASSESSMENTS Estimated street construction cost $66,160 Estimated storm drainage.cost $20,175 Est. Total Project 09 $86,335 %•• 'IC) 0 Total front footage to be assessed for street = 3,574 feet $66,160 divided by 3,574 ft. = 518.51/front ft. All parcels abutting Hilltop Road to be charged this front f o o t r a t e Total acreage to be assessed for storm drainage = 24.8 acr e s . $20,175 divided by 24.8 acres = 5813.50/acre. Those portions of the parcels included within the drainag e a r e a assessment boundary shown on the drawing to be charged thi s acreage rate. If the proposed improvements are ordered by the City Counc i l , w e w o u l d a n - ticipe2 that construction would be completed by July 15, 1 9 8 1 . A n 'assessment hearing would be held in September of this year t o d e t e r m i n e :final project costs and assessment rates. We would antici p a t e a n a s s e s s m e n t spread of 10 years at 8.57, interest. Special assessments a r e c o l l e c t e d in the same manner as real estate taxes. If you have any questions, comments or suggestions about the pr o p o s e d improvements prior to the hearing, .please call my office a t 9 3 7 - 2 2 6 2 o r s t o p in at the City Hall. Thank you, Carl J. Wile, P.E. Director of Public Works CJJ:kh Attachments (4) 1... 1 ' 4 # 00'4.° .... • • 1... 1 •••et. .7.... ,,, s or, . SEC. 20 . 7....7 i----c..... ..... J'-... 42 c 4 f....-_, , ...;,.. .',- 1 .. 1 a I n ...?:•403% • • i • ' — i I to tt. __ I. 1:z 11 (4 . . 15 I • .•,,, : IT t (3)43 • 1 (..,4411. (.4 (0. i (5) I (7) . . _). ': . • STREET C7-2 ASSESSMENT ,,,,, 1 iin .; .) LIMITS :.' ''''''''''' ( ... : ,,,, ,,,, ..„... I I \,,, ,,,,,,,,, i ,,,,,,,,,,,,,,,,,,,,,,,,,, 1 ,,, , 1 ....1. CVI 1: L ) ........,411041711144•11 CR. W. ale. tom... to. ... one-Im4mo-Wo.C.-tio...,-....too...• ors.= 4.1., ... We. If S I .. I 1 71-10 , ,„ „ - ......-....... p‘t .1........,.... o'.. ='....... ,.17.7... ROD .'• : -* toolearoINC,LO.M...1M-SiVrib ,i ... 14 . • 1., 610 , 1A13s1/sAEINssAPINA•711."4.; I .1.'4'1 1.',.. ,,,,, tut sisilliiiiisilitrim i ...(p) ; (4)(O. . . '..', 01" 1° t • to s (10 (06 .1 BOUNDARY • •-•ILI ft.'" - '. i • i : : - . .: 1 6. (./) }-----: 5 n.- ' I --irT'"" . 11- -- 1 . I.% • : . vt,.3.:" ...) , I . CIA Oa) : (2-14 0 (31s) • 1 k, v. ...1 so'. I ‘ If0 el In V\So.. t .. . TLD ROAD '• 1.••. ' • j 0.4 J... VALLEY. (1) • 4 .(3 '75) • • 2 I L. • Ill 1 • . PP flS J.Jr .G0 "(9) p/4 5 • • 4 1 PROJECT -LOCATION I.C. 51-380. Flq. 1 I. (ti) ; a") • 3; 3 • .t. . I h'•' ' i I ; . • 1 1 I I ,..1 ,... I. ( STORM SEWER 11n•••nn ta. 5 CO '' - •••••.....44..1. I i ( .... 8 . '''' ' .QT;) I% LI°. '. .. 7 '' to:: .. • .... I + 4.•04.0 : .. 1. ..17.1.4.10 • ii-Y. I e.alo rz F-ee=, ow" Gear-it 1-1 II C. 21c..i.tto ct.2.K.n.ts• 42 2 ALL214 4 GAzz 1So . 2oto 2 -n-usailsof-xr• te.7 Zoo 4. tiJM. Za.--114e.-7<mia.s4 100 10 111 Zoo 'zoo 101, too Zoo 5 Sc.1.1.T.t5S- • 100 _ . too 10 4. L. too 1 • Si 44 3 21.--f VA ow.Z 59-.4-=-Ck 4 5 soc. • *102 . 1354 1111 21%.,C2 b-102 ta,TA t znoZ ' .• PRELIMINARY ASStSSMENT ROLL IMPROVEMENT CONTRACT 51- kRCEt. :SCRIPTION E. 2o,17. 1140 2.22 OER 1 • * DRAINAGE ASSESSABLE STREET DRAINAGE ASSESSABLE- NET FRONT FEET .. ASSESSABLE ASSESSABLE .. COST/AC.. . ESTIMATED I,STREETI • COSItSta.stICREAGE 2.1o) ASSESSMENT • : ..:.;-• S 11z4‘ s84,..42o.,..471'C , .... • I0,2. :. °,.. 482, .,... 827111 :• •.154C0. I_iI- Z,A°0a12.%3415 . .- ..r .•1,s..-* C• .• 41I.. •• ; • • ; 81 • . • :SI Lg. • i :1>1.1 let7. • 1....s. . .:451,C. . • "bz .. • .. . .. ..21-1r. 2y . 441....4. . • :. . . 52 .:4171:• • : PRELIMINARY ASSESSMENT ROLL IMPROVEMENT CONTRACT 51- tRCEL .- :SCRIPTION ASSESSABLE . FRONT FEET ___LSTREET) DRAINAGE . . STREET DRAINAGE ASSESSABLE ASSESSABLE ASSESSABLE COST/AC. COST( ) ACREAGE NET ESTIMATED ASS_ESSEEN: 77 V..e.i.akte-ri.1 0. Gzeo.i. Le.c44 '4mt›.7.••-z-• . Vs/AL.-rem. D. f„,-ci..imicrr Fkrg.e.e.. 1•Actsev..1 1.11cgot.e.ar..1. M. • 1n1 C.447-1-;To FS.Vag.r, 1.1447.2.101-1 ',JAM el* Wm-1,044 ' 1-1.0tcs-t7 1 too 215. 100 100 too • : _too : too to too . . 4•• ;20c. . .2116 • ,24:141. 211G, : . . 4 II 35. 34, 114e1-4). 6.7r-.01T r0g. ik'eN/104* 4tA11212 Q.0/iCy 5‘31r4.14.4.11..1C1. " ?oq TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: March 13, 1981 r j Jerome Schweio and Ralph Deuschle intend to construct a 13,000 square ft office warehouse facility on Corporate way. (Lot 6, Block 2, Edenvale Industrial Park). They intend to lease 6,340 square feet to the R. G. Read Company which is owned by Mr. Schwab. The Read Company has 21 employees. The total project cost is estimated to be $455,000. Resolution #81-56 is attached for your consideration. RE: Request for preliminary approval M.I.D.B.'s S & D Properties $350,000 A('t CITY OF EDEN PRAIRIE, MINNESOTA • Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - S & D Properties, Co. b. Business Address - 15312 Highway 7 Hopkins, Minnesota 55343 c. Business Form (corporation, partnership, sole propriet o r - ship, etc.) - General Partnership d. State of Incorporation or organization Minnesota • e. Authorized Representative - Ralph Deuschle L Phone - 938-2711 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS CR PRINCIPALS: a. Jerome J. Schwab 1480 Edgecumbe Road St. Paul, Minnesota b. Ralph Deuschle 14844 Lloyds Drive Minneapolis, Minnesota C . -1- 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: • R. G. Read & Company who will occupy 6,340 sq.ft. of the facility is engaged in the distribution of automatic control equipment representing principally Fisher Controls Company. 4. DESCRIPTION OF PROJECT 12,900 sq.ft. office/warehouse building - 3,870 sq.ft. office and 9,030 sq.ft. warehouse. a. Location and intended 'use: Corporate Way, Edenvale Industrial Park, Lot 6, Block 2 b. Present ownership of project site: Equitable Life Insurance a. Names and address of architect, engineer, and general contractor: Welsh Construction Corporation 5251 West 73rd Street Minneapolis, Minnesota 55435 5, ESTIMATED PROJECT COST FOR: Land Building Equipment Other Total -3- 70,] 6. BOND ISSUE - The high cost of borrowing conventional financing would significantly reduce the economic feasibility of operating the project a. Amount of proposed bond issue - $350,000 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 PP.O7I1.1:: Or APPLICANT. a. Are you located in the City of Eden Prairie? No • b. liumber of employees in Eden Prairie? 1. Before this project: None . ii. After this Project? • 21 c. Approximate annual sales - $3,000,000 d. Length of time in business 25 years in Eden Prairie N/A e. Do you have plants in other locations? If so, where? 15312 Highway 7, Hopkins, Minnesota f. Are you engaged in international trade? No S. OMER INDUSTRIAL DEVELOP=TT PROJECT(S): None a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. None b. List all cities in which the Applicant has requested industrial revenue development financing. None c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. None d. List any city in which the Applicant has been refused industrial development revenue financing. None c. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in w h i c h final approval authorizing the financing has been denied. None -5- '109 f. If Applicant has been denied indu s t r i a l d e v e l o p m e n t revenue financing in any other city a s i d e n t i f i e d in (d) or (e), specify the reason(s) f o r t h e d e n i a l and the name(s) of appropriate city o f f i c i a l s w h o have knowledge of the transaction. None 9. NAMDS AND ADDRESS OF: a. Underwriter (It public offering) N/A Underwriter Private Placement RitWAILVOI (If priva t e p l a c e m e n t ) Miller & Schroeder Municipals, Inc. 7900 Xerxes Avenue So. Minneapolis, Minnesota 55431 i. If lender will not commit until C i t y h a s - passed its preliminary resolution a p p r o v i n g the project, submit a letter from pr o p o s e d lender that it has an interest in th e offering subject to appropriate City approval and approval of the Commissi o n e r of Securities. -6- 116 b. Bond Counsel c. Corporate Counsel - d. Accountant - Larkin, Hoffman, Daly & Lindgren 7900 Xerxes Avenue So., Suite 1500 Minneapolis, MN 55431 Harold Hendrickson Smith, Hendrickson, Theis & Berens 722 - 11th St. E. Glencoe, MN 55336 Lou Pick Pick Accounting & Tax Service 5050 Excelsior Blvd. Minneapolis, MN 55416 10. WHAT Is YOUR TARGET DATE FOR: a. Construction start - April 1, MD b. Construction completion - December 31, 1981 FOR FURTHER INFOR=TION CONTACT: The undersigned Applicant understan d s t h a t t h e a p p r o v a l o r disapproval by the City of Eden Prairie for Industrial Develcpmont bond financing does not e x p r e s s l y o r impliedly constitute any approval, variance, or w a i v e r o f a n y p r o v l . s i o n or requirement relating to any zoning, b u i l d i n g , o r o t h e r r u l e or ordinance of the City of Eden Pra i r i e , o r a n y o t h e r l a w applicable to the property included i n t h i s p r o j e c t . S. & D. Properties Co. Applicant February 5, 1981 Date -7- LOII.U1.14Z4-4.11 This Application must be submitted to Commissioner In duplicate STATE OF MINNESOTA DEPARTMENT OF COMMERCE — SECURITIES DIVISION APPLICATION FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT Date February 2, 1981 To: Minnesota Department of Commerce Securities Division 500 Metro Square Building St. Paul, Minnesota 55101 The governing body of Eden Prairie County of Hennepin Minnesota, hereby applies to the Commissioner of the State of Minnesota, Securities Division of the Department of Commerce, for approval of this community's proposed municipal Industrial Revenue Bond Issue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: FIRM S & 0 Pronerties, Co, ACCRESS 15312 Hi chway 7 CITY Hopki ns STATE Minnesota 55343 Stoic of 'I:con:oration _ Minnesota General Partnership Harold Hendrickson 722 - 11th St. E. Artarnny Stni t Fip,Tirfri rinn. ThoiAkz,,dress _Canne?, m;..I 55336 Nur,: of Prej,c1 & eerens S & 0 Pronertios Co. This firm is enmed primarily in inawre of business): S D Properties, Co. is a nartnership formed for conF:tructing,..ownino and managing building. The fugcs rccniiiii-,c1 from tt.ici stfe of the Indus -Pit:I Revenue Bonds will be used to (general nature of pro i...,z ): Acquire land and construct and office/warehouse building It will be located in Eden Prairie, Minnesota The total bond issue will be approximately costs now estimated as follows: s 350,000 to be applied toward payment of Cost Item Land Acquisition and Site Development Construction Contrzcts Equipment Acquisition and Installation Architectural ana Engineering Fees Legal Fees Interest during Construction Initial Bond Reserve Contingencies Bond Discount Other Amount $ 67.000 325,000 10,000 30.000 111 12,000 7,000 4-.000 It is presently estimated that construction will begin on or about April 1 , 19 81 and will he completed on or spout December 31 , 19 81 . When completed, there will be approximately 21 new jobs created by the project at an annual payroll of approximately S 315,000 based upon currently prevailing wages. The tentative term of the financing is 30 years, commencing April 1 ig 81 The following exhibits are furnished with this application and are incorporated herein by reference: 1. An opinion of bond counsel that the proposal constitutes a project under Minnesota Stat., Chapter 474.02. 2. A copy of the city council resolution giving preliminary approval for the issuance of its revenue bonds. 3. A comprehensive statement by the municipality indicating how the project satisfies the public purpose of Minnesota Stat., Chapter 474.01. 4. A letter ofir.tent to purchase the bond issue or a letter confirming the feasibility of the project from a financial standpoint. 5. A statement, signed by the Mayor, to the effect that upon entering into the revenue agreement, the information required by Minn. Stat. Sec. 474.01 Subci. 8 will be submitted to the Depart- ment of Economic Development. 6. A statement signed by the Mayor, that the project does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. 7. A statement signed by the Mayor that a public hearing was conducted pursuant to Minn. Stat. 474.01 Subd. 7b. The statement shall include the date, time and place of the meeting and that all interested parties were afforded an opportunity to express their views. 8. A copy of the notice of publication of the public hearing. We, the undersigned, are duly elected representatives of Eden Prairie , Minnesota, and solicit your appreval of this project at your earliest convenience so that we may carry it to a final conclusion. Signed by: (Principal Officers) This approval shall not be deemed to be an approval by the Commissioner or the state of the feasibility of the project or the terms of the lease to be executed or the bonds to be issued therefor. Date of Approval Cornmiss.oner Sec:owes Minnesota Department 0 C.3mmares '16 • RESOLUTION GIVING PRELIMINARY 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 COMMISSIONER 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) S. & D. Properties Co., a Minnesota general partnership (the Company) has presented to the City a proposal to acquire land as the site for, and to construct a new building at the Edenvale Industrial Park in the City to be used for warehousing and offices (the Project). The Company presently estimates the cost of the Project to be approxi- mately $455,000. (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 $350,000. (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 surrotn.ding 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 coAs 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. (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 17, 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 end 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 nmke 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 '115- 2 . 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. 5 474.01, 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 1.arpose, 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 princpal on the Revenue Bonds or the interest thereon, or to enforce payt.et thereof against any property of the City. The Revenue Bonds shall recite in substance that the Ravenue 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 detemine 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. .7/(0 3. Adopted by the City Council of the City of Eden Prairie, Minnesota, this day of , 1981. MAYOR ATTEST: CITY CLERK 4. March 17, 1981 STATE OF MINNESOTA CITY OF EDEN PRAIRIE 'Y OF HENNEPIN The following accounts were audited and allowed as follows: 4781 5574 5575 5576 5577 5578 5579 5580 5581 5582 5583 5584 5585 5586 5587 5588 5589 5590 5591 5599 5595 5595 5596 5597 5598 5599 5600 5601 5602 5603 5504 5605 5606 5607 5608 5609 5610 5611 5612 5613 5614 5615 5616 55)7 5619 5620 VOID' OUT CHECK ED PHILLIPS & SONS CO. GRIGGS, COOPER & CO., INC. TWIN CITY WINE CO. OLD PEORIA COMPANY, INC. JOHNSON WINE CO. MINNESOTA DISTILLERS, INC. CENTRAL METAL PRODUCTS' LANDSCAPE ARCHITECT MAGAZINE PRAIRIE VILLAGE MALL ASSOCIATES PETTY CASH HOPKINS POSTMASTER MINNESOTA UC FUND LIONS TAP KATHERINE FILIPOVICH DO-LY MANUFACTURING MENARDS HOPKINS BOWL MENARDS OLD PEORIA COMPANY, INC. TWIN CITY WINE CO. MIDWEST WINE CO. ED PHILLIPS & SONS CO. JOHNSON BROTHERS WHOLESALE CO. GRIGGS, COOPER & CO., INC. INTERCONTINENTAL PACKAGING CO. PAUSTIS h SONS FEDERAL RESERVE BANK AETNA LIFE INSURANCE & ANNUITY UNITED WAY OF MINNEAPOLIS INTERNATIONAL UNION OE OPERATING PL RA HOPKINS POSTMASTER TREE INSPECTOR WORKSHOP DEPARTMENT OF NATURAL RESOURCES CREEK KNOOLS PARTNERSHIP BEER WHOLESALERS CITY CLUB DISTRIBUTING CO. COCA-COLA BOTTLING DAY DISTRIBUTING CO. EAST SIDE BEVERAGE CO'. GOLD MEDAL BEVERAGE A.J. OGLE CO. PEPSI-COLA BOTTLING CO. ROUILLARD BEVERAGE CO. THORPE DISTRIBUTING ACED-MINNESOTA, INC. ADVANCE AMBULANCE & EQUIPMENT $ (170.00 1,758.90 3,356.31 378.34 212.44 1,559.19 1,435.22 353.00 25.70 2,074.5 63.79 27.05 168.00 21.42 52.70 34.14 104.40 23.80 104.40 1,228.79 714.94 311.85 856.62 1,313.30 2,082.80 818.94 85.35 14,162.39 165.00 52.96 336.00 9,728.75 2,000.00 10.00 25.00 5,975.00 2,659.89 2,801.89 197.40 1,005.29 2,942.65 55.50 835.40 228.60 595.76 3,357.30 168.73 686.72 Liquor Liquor Wine Wine Wine Liquor Dog cages-Animal Control Subscription-Community Services Rent-Liquor Store Supplies & Misc. Expenses Postage-Senior Citizen newsletter Payroll Expenses Instructor-Ukrainian Egg Decorating Class Hitch-Water Dept. Lumber-Park Dept. Fee-Adaptive Recreation Program Lumber-Park Dept. Liquor Wine Wine Wine Liquor Liquor Wine Wine Payroll Payroll Payroll Dues Payroll Postage Conference-Community Service Fee-Engineering Dept. Land-Franlo Park Beer Beer Mixes •••• Beer Beer Mixes Beer Mixes Beer Beer Office Supplies First aid equipment-Police Dept. Par two MaL, 17, 1981 5621 ALDY GRAPHIC SUPPLY, INC. 5622 ALLYN &-BACON, INC. • • 5623 AMERICAN NATIONAL BANK & TRUST 5624 AMERICAN RED CROSS 5625 AMERICAN SOCIETY FOR INDUSTRIAL 5626 EARL F. ANDERSEN. & ASSOCIATES 5627 ARMOR SECURITY INC. 5628 AUTO-HDWE WAREHOUSE CO. 5629. BLOOMINGTON OFFICIALS ASSOCIATION 5630 RAE ELY 5631 MIKE BOSACKER 5632 . BUYER FORD TRUCKS 5633 BROWN & CRIS CONSTRUCTION, INC. 5634 BROWN PHOTO 5635 BRUCE BREN HOMES, INC. 5636 BRYAN ROCK PRODUCTS, INC. 5637 JOHN BURMAN 5638 BUSINESS & INSTITUTIONAL 5639 BUSINESS FURNITURE, INC. 5640 BUTCH'S BAR SUPPLY 5641 C-R SPORTS 5642 STEPHEN CALHOON 56: CAPITOL CITY DISTRIBUTING CO. CENTRAIRE, INC. 5645 CHANHASSEN AUTO PARTS 5646 CHICAGO & NORTH WESTERN TRANS. 5647 CITY OF EDINA 5648 COMMUNITY DANCE CENTER 5649 CONSOLIDATED FREIGHTWAYS 5650 LANCE C0001N SEWER & WATER 5651 COPY EQUIPMENT INC. 5652 CROWN RUBBER STAMP CO. 5553 CUTLER-MAGNER COMPANY 5654 WARD DAHLBERG 5655 DIMENSIONAL PHOTO-GRAPHICS 5656 DORHOLT PRINTING 5657 ESB BRANDS, INC. 5658 EBB PRAIRIE BODY SHOP 5659 EDEN PRAIRIE SANITATION CO. 5660 EDEN PRAIRIE SCHOOL DISTRICT 5661 JOHN ESS & SONS, INC. 5662 FAIRVIEW COMMUNITY HOSPITALS 5663 CLAUDINE FASHING 5664 FINANCE DIVISION 5665 FIRE SAFETY & COMMUNICATIONS 5666 FLEET MAINTENANCE INC. 5667 KAREN FLOW FLYING CLOUD OIL CO. 5w) LEWIS FOLWICK 5670 FREEWAY FORD Supplies-Community Services Book-Community Services Bond payment Booklets-Rec Dept. Dues-Police Dept. Street signs Service-Senior Citizens Center Spotlight-Street Dept. Basketball officials-Bee Dept. Mileage Refund-Bee Dept. Equipment parts Equipment repair & parts Film-Fire Dept. Clothes dryer-Fire Dept. Rock Refund-Rec Dept. Equipment-Water Dept. Chair-Police Dept. Supplies-Liquor Store Refund-Rec Dept. Mileage Beer Equipment repair & parts Equipment repair & parts Service-Bicycle & Hiking crossing Tests Instructor-Country Western Swing Class Freight charges-Water Dept. Service Supplies-Community Services, Lamp-Eng. Dept. Engraved plates-Public Works Quicklime-Water Dept. Mileage Service Office Supplies Batteries-Street Dept. Equipment repair & parts Service Service Service-Park-Shelter Building Test Refund-Roe Dept. Service Flare kits, Strobe lights Equipment repair & parts • Refund-Rec Dept. Fuel-Historical Society Building Open gym supervisor-Roe Dept. Truck-Animal Control 11.40 - 19.70 264.73 50.00 55.00 187.9e 82.50 64.40 717.75 66.17 11.00 108.2L1 656.62 7.60 285.00 194.64 7.34 162.00 99.00 120.55 11.00 7.35 . 164.30 61.50 760.44 257.30 44.00 200.02 41.95 875.00 347.79 77.30 3,254.85 89.94 205.75 173.67 451.18 60.50 927.75 150.00 25.00 13.00 233.70 : 174.35 360.54 j 12.00 i 305.23 i 42.00 1 8,318.00 1 Pa March 17, 1981 FRONTIER LUMBER & HARDWARE GENERAL-COMMUNICATIONS, INC. KARIN GORI GREGG NELSON TRAVEL, INC. GROSS INDUSTRIAL SERVICES PAUL GUSTAFSON LIZ HANSON HARMON GLASS . HAYDEN-MURPHY EQUIPMENT CO. JULIANNE MENNEN HENNEPIN COUNTY HENNEPIN COUNTY CHIEFS OF POLICE HOlGAARD'S HOLIDAY INN, AIRPORT P2 HOPKINS DODGE SALES, INC. HOPKINS PARTS CO. HOPKINS PLUMBING ' GUNNAR ELECTRIC COMPANY INC. IBM J & R RADIATOR CORP. JIM'S FORMAL WEAR JUSTUS LUMBER COMPANY KARULF HARDWARE INC. 5694 KENNFL-AIRE MEG. CO . 5595 KLEVE HEATIN(. & AIR CONDITIONING 5696 NANCY KODADEK 5597 KRAEMER'S HOME CENTER 5698 KRAEMER'S HOME CENTER 5699 JOYCE KRISCO 5700 M.E. LANE, INC. 5701 IANG, PAULY & GREGFRSON, LTD. 5702 KURT LAWLER 5703 LEAGUE OF MINNESOTA CITIES 5704 LEEF BROTHERS INC. 5705 LOWELL'S AUTOMOTIVE 5706 MTS 5707 MACQUEEN EQUIPMENT, INC. 5708 MARC 5709 MiUtRIOTT HOTELS 5710 MATT'S AUTO SERVICE, INC. 4- 1 MEDICAL OXYGEN & EQUIPMENT 5,.2 MERIT PRINTING 5713 METRO FORE COMMUNICATIONS, INC. 5714 METROPOLITAN FIRE EQUIPMENT CO. 5715 MINNESOTA FIRE INC. Plywood & lumber-Park & Water Dept. 527.69 Equipment repair & parts 205.25 Instructor-Calligraphy 108.09 Expenses 1,266.00 Service 66.83 Refund-Rec Dept. 17.00 Instructor-Dog Obedience Class 150.00 Windshield repair 100.51 Equipment part 18.00 Refund-Rec Dept. 6.33 Board of Prisoners 116.00 Dues-Police Dept. 25.09 Repair tarp-Fire Dept. 20.0e Expenses 145.04 Equipment repair & parts 141.80 Equipment repair & parts 242.36 Refund-Rec Dept. 11.00 Electrical repair & parts-Water Dept. 1,173.5F, Equipment parts-Manager 17.10 Equipment repair & parts 77.40 Refund-Rec Dept. 11.0 Lumber-Park Dept. 522.94 Sledge hammer, screwdriver, tape-Eng. Dept., 812.12 ' keys, batteries, valve, light, hooks, cord, glue- Public Safety, scraper, mop head, broom, brush- Public Works, plywood, casters, paint-Street Dept., glue, salt, fuses, bulbs, saw blades, pipe, cable, I cord, drill bits, switch-Park Dept., gloves, hinge screws, nuts & bolts, paint, primer, brushes-Water Dept. i Screens for squad car-Police Dept. 5I.99 1 Service-Senior Citizens Center 32.00 Instructor-Adaptive Recreation 320.00 1 Supplies-Fire Dept. 1.54 J Chain, paint, pipe, hinges 262.50 i Instructor-Calligraphy 176.00 Service . 136.00 , Legal Service-Cable Television 1,440.00 = Refund-Rec Dept. 23.34 Service 3,752.00 ; Service 140.38 Paint-Water 'Dept. 15.30' Refund-Rec Dept. 11.00 Blades-Street Dept. 32.64 1 Printing expenses-Adaptive Recreation 126.70 1 Expenses 174.74 i Towing Service 45.00 Oxygen-Fire Dept. 42.14 Envelopes, Inspection forms 1,234.06 Service 83.16 Chemicals-Fire Dept. 57.25 Equipment-Fire Dept. W 563. 1 5671 5672 56.73 5674 5575 5676 5677 5678 5679 5680 5681 5682 5683 5684 5685 5686 5687 5688 5689 5690 5691 5f" -124) Page four March 17, 1981 5716 MINNESOTA GAS COMPANY 5717 MODERN..;IRE COMPANY - 5718 MUNICIPAL FINANCE OFFICERS 5719 MUNICIPAL & PRIVATE SERVICES. 5720 MURPHY PLUMBING 5721 NATIONAL FIRE PROTECTION 5722 NORTH CENTRAL REGIONAL ASSOC. 5723 NORTHERN STATES POWER COMPANY 5724 NORTHWESIiRN BELL TELEPHONE CO. 5725 NORTHWESTERN NATIONAL BK OF MPLS 5726 DAVID ROVED 5727 THOMAS O'BRIEN 5728 KAYE OLSON 5729 NANCY OSTERLING 5730 CHRIS PALM 5731 JOHN A. PAULUS 5732 W. G. PEARSON, INC.' 5733 PERBIX, HARVEY & THORFINNSON 5734 BARB PESHEK 5735 PETTY CASH-PUBLIC SAFETY 5735 PIERCE & ASSOCIATES 571 PIONEER RIM & WHEEL CO. 5738 POWER BRAKE EQUIPMENT CO. 5739 PRAIRIE ELECTRIC COMPANY, INC. 5740 PRAIRIE LAWN & GARDEN 5741 PRAIRIE OFFSET PRINTING., INC. 5742 PROGRESSIVE CONTRACTORS, INC. 5743 CHUCK PUFAHL 5744 JIM PUFAHL 5745 JUDY PUFAHL 5746 RAINBOW MECHANICAL, INC. 5747 RAIWW SIGNS INC. 5748 RAPID COPY, INCORPORATED 5749 STErin REMO 5750 JEANNE REUTER 5751 ROYAL COIN 5752 SATELLITE INDUSTRIES, INC. 5753 GENE SCHNABEL 5754 DEBBIE SCHULTE 5755 SEARS 5756 SMILEY CLUTTER ASSOCIATES 5757 W. GORDON SMITH CO. • 5758 JUDY STANLEY 5759 SULLIVANS SERVICES, INC. 5760 LINDA THOMAS 57(0 CARRIE TIETZ 57 BONNIE TIMM 5763 TYPE HOOSE4DURAGRAPH INC. 5764 UNITED FIREFIGHTERS ASSOC. 5765 VICTOR VACHHANI Service Equipment repair & parts Dues-Finance Dept. February 1981 Service Valve-Water Dept. Membership dues-Building Dept. Conference-Assessing Dept. Service Service Bond payment Refund-Rec Dept. Expenses-Assessing Dept. Refund-Rec Dept. Refund-Rec Dept. Instructor-Jazzercise Expenses Sand-Park Dept. Legal service Refund-Rec Dept. Expenses-Public Safety Refund -Rer Dept. Equipment-Street Dept. Brush assembly, rings & bearings Building repairs-Senior Citizen Building Supplies-Water Dept. Cards-Street Dept. Service-Valley View Road Phase II Broomball official Broomball official Refund-Rae Dept. Service-Eden Prairie Community Center Fire prevention display-Fire Dept. Liquor ID cards Refund-Rec Dept. Instructor-Adaptive Recreation Refund-Rae Dept. Portable restroom-Park Dept. Refund-Rec Dept. Refund-Rec Dept. Tools-Water Dept., Booster shocks-Street Service-Eden-Prairie Community Center Fuel Refund-Rec Dept. Pump tank-County Road 18 Refund-Rec Dept. Minutes-Park & Recreation Dept. Refund-Roe Dept. Supplies-Community Services Dues-Fire Dept. Refund-Rec Dept. 434.97 56.04 55.00 977.00 39.95 50.00 50.00 5,833.98 2,813.19 55,582.85 3.67 112.50 6.33 6 -.33 3,932.80 43.50 17.55 90.00 3.67 16.30 11.00 26.19 111.50 96.50 8.00 *21.50 14,783.36 264.00 264.00 26.00 63,945.00 32.00 15.00 7.34 120.00 11.00 65.00 12.66 13.00 Dept. 356.53 13,142.73 3,564.61 3.67 60.00 16.00 42.75 6.33 68.40 25;00 25.32 721 TOTAL •••• 12-2- Pat, five March 17, 1981 5766 WATER PRODUCTS COMPANY Hydrant parts-Water Dept. 621.52 ' 5767 WEAVER ,ELECTRIC CO.JNC. Service-Eden Prairie Community Center 15,646.50 5768 BRIAN WEISSNER Refund-Rec Dept. 11.00 ! 5769 LYNNE WIEDEWITSCH Expenses-Baton & Dance Class 240.00 5770 WHOLESALE LIGHTING, INC, Light bulbs-Water Dept. 84.40 5771 XEROX CORPORATION Service 378.32 1 5772 DICK ZAWACKI Refund-Rec Dept.- 3.67 : 5773 ZIEGLER INC. , Equipment repair & parts 379.30 f 5774 BLUE CROSS INSURANCE Insurance 588.60 , 5775 GROUP HEALTH PLAN Insurance 1,156.37 5776 HMO SERVICES Insurance 1,428.31 5777 HMO SERVICES Insurance 1,819.85 5778 PHYSICIANS HEALTH PLAN Insurance 6,821.61 5779 WESTERN LIFE INSURANCE Insurance 472.(r , 5780 BLACK & VEATCH Service-Water Treatment Plant 13,193,22 5781 BROWN & CRIS, INC. Service-Truck Hwy. 5, W 78th Street & Mitchell 18,703.41 ' Road 5782 COPY EQUIPMENT INC. Storage file-Engineering Dept. 444.4 5783 LAHASS MFG. & SALES, INC. Crane-Water Dept. 1,607.22 5784 MINNESOTA BLUEPRINT Supplies-Engineering Dept. 98,70 5785 RIEKE-CARROLL-MULLER ASSOC. Service-Industrial Road Utilities, Round Lake 32,032.91 Utilities Phase II, Eden Prairie Lake Trail Estates, High Trails Sewer & Water, Valley View Road, Pedestrian Bridges, Schooner Blvd., 70th Street Improvements, Round Lake Estates 2nd Addition, Norseman Industrial Park 4th Addition, • Rymarland Camp 2nd Addition, 1980 Westgate Addition Improvements, Lake Idlewild Drainage Improvements 5786 SHAFER CONSTRUCTION CO., INC. Service-Anderson Lakes Parkway, Homeward 16,850.8E Hills, Lake Eden Park 5787 MINNESOTA ANIMAL CONTROL Conference-Animal Control 5788 JAMES G. CLARK Expenses-Police Dept. 10. GC 27.94 Respectfully, .T./Michnel Carmody ! TGC CORPORATION 11431717711 -t,07 1 "19 February 27, 19P1 TO THL EDEN PRIIRIE CITY COUNCIL: Last fall the City Council approved our Deer Creek Addition. One half of the proposed 150 units would have bordered the Anderson Lakes Park- way. The Council felt that it aria necessary to construct the portion of the parkway across our property, providing another exit route from our development, in addition to the two exits from Old Farm addition on Mitchell Rd. Our engineer feels that construction of so much road during the first' phase of our development would be excessive and unnecessary. Our ?r ,Igrt?,, if llowed to develop as demand dictates would provide afford- able housing for hundred4.61 Eden Prairie residents. I am sure the Council would agree there is a great need for affordable multi—unit housing in Eden Prairie. Many lots to the south of our property have been plotted for single family units (over 250), but unfortunately, because of costs and high interest rates, the vast majority of the potential buyers would not be able to afford a single family home in the forseeable future. The trend is toward more dense attached build- ings. Single family development may leg several years behind. We feel that the Cnuncil should allow us to proceed with at least 200 units on the site without the restriction of a third road (Anderson Lakes Parkway), Our development would provide much needed multi- unit lots. • Because of the plow development of single family homes in the area, our project would not put an excessive traffic burden on Mitchell lid. Construction of the parkway to the corner of Scenic Heights and Mitchell Rd. would not do much to relieve acy traffic problem. Just as much traffic could use the section of Mitchell Road from that intersection north to highway 5. Please consider our request, as we feel that the main rood exiting onto Mitchell Jut. would be sufficient. However, we would he happy to cooperate with the City in a future construction of the parkway. DATE: TO: FROM: SUBJECT: March 4, 1981 Participating Communities Urban Hennepin County CMG Prsgram Hennepin County Office sf Planning and Development SECTION 8 EXISTING PROGRAM The Section 8 Existing Rent Assistance Program is administered by the Metro- politan Council Housing and Redevelopment Authority (Metre HiA). The program's purpose is to help lower income fsmilies ts 'Stain decent, affsriaSle housing. Eligible families and elderly or disabled individuals may select a rental unit in any of the Metro HRA participating communities. Privately owned apartment units, duplexes, townhouses, single family homes, cooperatives, congregate housing and mobile homes may be selected as long as they are in good condition and within the current rent limits. The Metro HRA program uses both local and metro'staff resources. Families and individuals may apply in most of the participating communities with local staff to serve them. Communities choosing to provide staff services will be reim- bursed from the federal funds received by Metro IRA for administrative services. In SOM2 commenities, Metro HRA provides staff to the community on a part-time basis. Local inspectors are used to determine whether rental units meet HUD establishs.d Mousing eleality Standards. Services provided at the Metro level include apelicatiens to HUD for funding, selection of eligible applicants, approval uf leases and housing assistance payments contracts, bookkeeping and accenting functions, and program monitoring. As an Urban Hennepin County MG participant, your community, by availing it- self of the Section 8 Existing Rent Assistance Program, would enhance the po- tenlial of meeting our mutual hcusing goals. Please carefully consider making the Section 3 Program available to your citizens. This can be done by simply passing the attached resolution. The resolution authorizes the Metro HRA to apply for Section 8 Existing funds on behalf of the community. If your com- munity hoc a Housing and Redevelopment Authority, the local HRA must also ap- prove joining the Metro HRA program. A certified copy of the resolution should be returned by April 15 to your Urban Hennepin County planning area representative to assure timely participation. • If you have any question about the program or the resolution, contact your planning area representative. bp Enclosure RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO APPLY FOR HOUSING ASSISTANCE FUNDS FOR IMPLEMENTATION WITHIN THE CITY OF WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473.06, subd. 3 and Minnesota Laws 1975, Chapter 13, Section 6, Subd.. 3; Section , 21, .Subd. 1; and Section 24, and has all of the powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13, Section 24 under the previsions of the Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 to 462.711, and acts amendatory thereof; WHEREAS, the City of and the Metropolitan . Council desire to assist lower income families and individuals to obtain adeqL.ate 110using in the City of • at a price they can afford, and to accomplish this purpose desire to apply for federal funds to undertake a program of subsidizing rent payments to 'landlords who provide adequate housing to such individuals and families. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF that. the Metropolitan Council is hereby authorized to include the City of in its application for federal funds to implement a program of rental assistance to lower income families and individuals, and that upon federal approval of such application, the City of and the Metropolitan Council will enter into an agreement for operating the program within the City. March 17, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-59 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING (I.C. 51-375) WHEREAS, a report has been given by the City E n g i n e e r t o t h e • City Council on March 17, 1981, recommend i n g t h e f o l l o w i n g i m p r o v e m e n t s to wit: I.C,_51-375, Utility and street improvements on Bennett Place, south of Co. Rd. 1 NOW, THEREFORE, BE IT RESOLVED BY THE EDEN P R A I R I E C I T Y C O U N C I L : 1. The Council will consider the aforesaid impro v e m e n t s in accordance with the report and the assessmen t o f p r o p e r t y abutting or within said boundaries for all o r a p o r t i o n of the cost of the improvement pursuant to M . S . A . S e c t . 420.017 to 429.111, at an estimated total co s t o f t h e improvements as shown. 2. A public hearing shall be held on such propos e d i m p r o v e m e n t on the 21st day of April, 1981, at 7:30 P.M. at t h e E d e n Prairie City Ihil. The City Clerk shall giv e p u b l i s h e d a n d mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Counc13 on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk 721 CITY OF EDEN PRAIRIE, MINNESOTA FEASIBILITY REPORT FOR IMPROVEMENT CONTRACT NO. 51-375 March 10, 1981 SANITARY SEWER, WATERMA1N, STORM SEWER AND STREET IMPROVE- MENTS FOR BENNETT PLACE, SOUTH OF CO. ROAD 1 I hereby certify that this plan, specification or report was pre- pared Under my direct supervision and that I am a duly Registered Professional . Engineer under the laws of thAnt lteif4 Minnesota a--V14 4 -4 0 Reg. No. ?.3 1 FEASIBILITY REPORT I.C. 51-375 INTRODUCTION The City of Eden Prairie received a petition, dated Sept. 25, 1980, requesting sanitary sewer, water main, storm sewer and street improvements on Bennett Place from Blossom Road to Hennepin County Road No. 2 (Pioneer Trail.) The City Council referred the proposed improvements to the City Engineer for study and feasibility report under Resolution No. RB0-193. The study area and trunk assessment boundary are shown on Figure 1. Figure 2 shows the proposed utility lines and Figure 3 shows the proposed street improvements. PROJECT DESCRIPTION Proposed Improvement Contract 51-375 includes utility placement along with new street construction on Bennett Place which will provide connecting service to the new Creekview Estate subdivision located in southwest quadrant of the Hennepin County Road No. 1-Bennet Place intersection. The owners of the Creekview Estates subdivision have submitted a 100% petition requesting the City to make all the improvements for the said sub- fivision. The improvements for Bennett Place and the subdivision would be combined into one City Improvement Contract, thereby allowing for continuity of service for the subdivision and coordination of grading activities. SPWARY SEVFR The proposed 8" sewer lateral On Bennett Place would connect to the existing 18" sewer on County Road No. .1 and provide service for the abutting property from County Road No. 1 to Blossom Road_as well as the Creekview Estates property and will be designed to accommodate future extensions to the south. and/or east. The estimated cost of the proposed sanitary sewer lateral is $16,935. viFR riti lhe proposed 8" water main on Bennett Place would connect to the existing 12" water main on County Road Ho. 1 and will also provide service to the afar- mentioned area. The estimated cost of the proposed water main is $19,439. • STREET IMPROVEMENTS At present, Bennett Place travelled roadway exists north of County Road No. 1 and from Blossom Road south for approximately 800 feet. ' This street improvement will provide a permanent 32' wide roadway surface between County Road No. 1 and Blossom Road and will consist of an 8" thick gravel base with a 2" thick bituminous surface and mountable concrete curb and gutter, thereby providing access to the Creekview Estates property. Street and adjacent yard drainage will be collected at the proposed low point in 21 the new street and removed with 18' storm sewer pipe which will drain north to County Road No. 1, thence in a westerly direction, using 24" storm sewer pipe along the south side of County Road No. 1 for a distance of 555 feet more or less to the swab e now used for draining the immediate area. If the quantity of landfill required for establishing the Bennet Place grade can be obtained from the Creekvicw Estate development, the estimated cost as shown below may be replaced by approximately 10t. Ut;'....), CA) The estimated cost of the proposed street improvements, including storm sewer is $118,953. RIGHT-OF-WAY AND DRAINAGF EASEMENT 33 feet of Right-of-way presently exists for Bennett Place between County *Road No. 1 and Blossom Road. It will be necessary to acquire 13.5 feet on both sides of prop ed Bennett Place to provide 60 feet of right-of-way which will allow for a 32 foot roadway., a 5 foot sidewalk on one side and sufficient boulevard for street maintenance. The storm sewer proposed along the south side of County Road No. 1 will require a 10' utility drainage easement On parcel 26-116-22 14 0002 because the right-of-way area south of the existing County Roadway is prestly oc- cupied by the existing 12" water main and 18" sanitary sewer. PR07rCT r0STS fD AWSMINTe. The total estimated cost for utilities and street improvements is $155,337. The • breakdown of those costs is shown on the project cost summary included in this report. The total estimated cost for these improvements is based on the assumption that the right-ofty and drainage easement required will be provided by the respective property owners. The preliminary assessment roll shows the cost assignable to each parcel to be assessed. The parcels to be assessed and the assessmment boundary are shown On Figure 1. Proposed trunk sewer and water assessments are also listed on the preliminary assessment roll. Parcel -25-116-22 14 0002 will be subject to additional trunk assessments after further subdivision takes place. Under an agreement between Michael N. Sutton and the developers of Creekview Estates, said developers agree to pay for 135 feet of Sutton's assessable footage along Bennett Place with the stipulation that said assessable footage cost be distributed as an assessment by the City of Eden Prairie. The attached 'preliminary assessment roll so indicates. FEASIBILITY -The improvements proposed herein are feasible and will result in a benefit to the properties to be assessed. ...,.,, .,....,• ,.:D.....,..._., ,...,., C'....4',,, e:Z."........... ! , .t• •'..C.'"5 ‘ ir. 4 . :.14--t---.....:1'''''i:IL A sy, (4) • .i„.•','.7r- 1 -`,)•.;,',1 c9S- . V J..0,:',...; '-;:"' t, • lil 1 ,:', ''.n : . ' to ' ..' 4 . ., ....* ..., V.,. . I •••• • 't / l'ek It.'s . • l' , • lt ,,4117. • .:4:',..t, .•:.4t, dli ... t '1''' • .6-• e t . i • V ''', OS ,„."•,..c,7. ) \ '''• "'' /..)‘ Nt ,. /•....,, / ,----a n-r...,_,:j„,:.1..„.....,„, , , " ", ..,,;',. , 4 „JAI .. .: r"1; q.itasizit n iiii t ki a : slim buil: ii: ai aaaaaaaaa a r* '-' ' ''.1:.?f'-..1 A T "O. '• J." • • ,...,,./..• re rirrtner(AP) sss% V "%. ....•% Cy" .1 "..;!. r.-,,tr.:* (2) 1,4Lp A e•r7,7(.-• .2.,..t 4.. ,,,,i,%,“... t Ei nTC") P.' ,..., ; ..... ... ,.• t/ I f . • li 1 ' 1 n•• I. e 4 Or:. .".4 /r.V ID* 1 -I— 1 ''.. C' n;1':- il! i .7 1 / o it',X (Won i "1 - 130 42(cofc) I I r n 0'1 k i: . — ..;--- • el- 4....--)x./..,„*-,rsez..oirim«.-.."-.09.-...--nt—,...=martArp-,=0 ,...T. — 6 (.1. 4,1 1 '4'.\\ t t rt i I - - :,.. IN: • . t 1271 03 fptc:11 :: TRUNK ; 1 1303 31 tc Mc.) CRE.EKVIEW ESTATES .2.-1) .' .; 2.9 E SEWER 81 1 1 7 0) SUBD. BOUNDARY cc ' . : k• DI 6 :i WATER 1 / • ..,i. i ,t..., - : FUTURE STREET " g.A7)SEST",',::NT .,,._._ 1279 05 (Wat) .... 5: . —.1 : DUUND/2.R1;.' si -,..''',) 1 3 c' 3.2 .n (c*"2f C.1 .... /7 "*"... ..... ..... ..‘ '' /5. , ..- '.*. ." T.:1'.12T,131:2,11.9 VLWAIV2.l k 0.. ••• at 1 7: i ...,,,N .., i: JP i id7c aa 1 a tsr IT 711711..7...... ..... ...." U....", / (Z) •':.:1 \ V ...' .'- rq ,,, . .. __...i..\.. --- .*:, o: ---I-1 r---',,- - 1 : _.„..,.:J.d.L , I .....____i ._............ 66 int....3 ‘,:i t WI 6E21111l tAtEll it': ;A.GVA.,v...kr,„,r.arja•-,grrk, 1 . i "/11- • P! it 4 .L1 _2 - "i• • , -fW.•• ••13t11•11 n •"t I." 1• •.{31•411t,..T,7Z.'•n •,.. ,•.:.;)•`)•n••'74,=...• • 1 2 :-)7 otc) € () € • Cy-ah ,gis co, (.0,s1 — I : cll.: CC. Cn i C1 A \ A (1; // t 3 It 7 0 criGo 1302.74 4.0:4, 4 (1 ? t - A 4 , (3 .) (8 ) (6) 1310 20 (plat) 4 5 . 1302.63 (c !:!,:n ••••• 1J .• 1327 20 fp101) - 1302 ..32_14.2111 ., • '-, 1 ..!.n FIG. I • .130 mrn ?(:)( z. OUTFALW ;71 o . ro" (1850) 171 J.-PROPOSED SAN. SEWER /2 :j BENNETT PROPOSED w.m. 29 PLACE 4 28 . 3 PRAIRIE ACRES EDEN PRAIRIE ACRES t— z rrl n7 EDEN PRAIRLS ACRES i ••< 1 . 6 41 -1 7-1 6 ..7:, 1 r -LI _i I I i: I 1i i L._ 145 1,...1,1- - 232.`,/ - ...- (1850) IT C L501 1'I 430.45 BENNETT 29 NAIE 302.3 /I /0 I (/) PRAIRIE 5 ACRES r— o 15. >u 0 EDEN • Pr"7•LI"I'''ARY ThESSMEF1T ROLL • ; ' IfT:',OVE1.;ENT CCINTRACT 51- 37 ._ i ! ; .__...i _ ..._:___Hi_.....i_ .L___L...L. I . . . • - .... --;.-- : ---.----1-- • •••• , , • . . : 1 ; - --.---. - , - t ....__ LATERAL LATERAL • ' . ___,:. NET t ....._ i _ _ . _ . i... .„ TRUNK _. .. . SANITARY SEWER _ . .1 SEWER _. _ WATER . _, ; STREET . _•...• ESTIMATED U41-7R • vAT1' CREDIT IMPROVEMENT ASSESSMENT 1 • 1 ; • • I : • I : I PARCEL S_DECPJPTI0N! OWNER 7 $520/ liN I T OR i ; J:, • . • .1 ' i I . _ 1 1... .. _ .: . *009 1 i 1 • 1 - ' , : ! $2,460/ACRE ' • ' • ; ! • i ' : - • . : . • _[ . • 1 1 1.! L; ' ' . • : , 1 i. " ! ' • • . , • , , • . 1 . . • ' . 1 ' ,, . • --;----.--7---1---- . ; . , • • . '.Z.3.-__ .c.,-:---0.---,-1-.. \I.,),..i7:•.i,p.5._o.m_. _ :2,1r...-,5:..(0.. -z.,:.) ._2z-.16_,. • . __L._•,4-Z.4._:_____.• : i ; 1 ; ' i ! • • . 1 , n ; I t . • ; , , ; , 1 ! i I , . 1 i ! • 1 ' -2-_:-._j__1 1_2-9Z - .. E. i i ' ! . . • I • • I - . . \`' H: r. --1----; 1----i- n , • • __Ig-i-.1.5 ... ,;.-4-0 :.-'---'-' -- V,/ Dt_i-t.,/ ' .-2,7.5 Co ',3 ) 14-7_00 I : , 1..._;,-..1,_. _.____,_F , ; " I • . I : ' ; . : i .1 '; ; ; i Ii -; ---- --t_ . . - . • -t --,.---!---;,----t--,-1-- - -..--!---t----; - - ',-- ••-:--:-----1- !-•-•`,- --I -- •,--. *-- --:-7.rg.7 4'7-4. ...t.M!.C-44/14 _6.i. 5t...r-fg1-1.-1.__i___. r _.?...2.____.:____L4_.;._. ' . !.'.-__..,__ _l__1PO0___ ,?..q..)2.5,__• i I ' _. I_ 1 1%."-•:/.5 F.-FL- '1-1---!--i- -'-__.! L 1 i 1 J___Fr___L_L=1..: .L___1._iL.i__1._]:__.._..:__L. ... , ...',...9.1!9_..f.."7.)_L ! 1Zi i 1.14422.i ! 1 __; 4...1-2;_15.±1tt. -i--_--z$-73--- ..____.,.1.1•Ii!,i,L; . 1 . . i ; ! . ; . : ; ---; ' . : I, • • - , • • . i . . , , .1.2(c741:- i_ 1 Vi-P,W17--1,1Cia: Oe..IMP:.--1Q_L_215Z??.5%*_.(...4._'7-7.:17E.--.1..---! - iZ-B-1 i 1. 1, I 1 1 ZZ/123 i;;I',.;-,"Iii."•• i ' ' v• - ` .t i_ I I • !___I '1••=.2 Fr- I----_Prz ' r72ft:,••••ti-R .?--' il\-_-'-7,---' 7..T.-.,_@:—IyM7' .4.7_1_L' _I :: _i.' ; _ • 1-2-__L ' • ___;_ L t . . 1 . : • . . : . • , , ., i . . ; , 1 : . . ; 1 i • . , 1 1 _ --...L.4_4___.•____! _ I ___I___, ._ ..._4_ ...-___ _ ' - —_ iii•,;;;.,:ii. .,..i, __: _,..___..i__! ._;._. 1._ ... _ n __.1.__.i__..4. .. ;._-__.:___,_ 1.__... .. ___....H... __4__;_. _!____L__....J.._1__ ..i .. _ :____1..- I _. _. - . - -; - - - _:. - -I-- I. - LIZS.7.4.1..r3 il,-4.1-17--1;ICZ:= _. ... F.IN:s!-) i L54,16_ . .(.:.') ' ...i , _._...;....i.__!_._..!: _ i._. ': ...i I. .,', _ I..._ !_._:-_ 1 , ' _____i .c-L.:1_,....1 H-1,-----,...12_-,f 1 ; ; . ; , T , ' ' ! ` ' ' ; ' ' ' i : -; . _i____;__,." - ' • ; , - ! ' • . — .;,- ; e, ,-.,,..,,' ,/,..,!-, }, ; ' ; ; .. i ; j • i : ! ; • =,- i- i • : i ' . 1 ' L • 4..-.1_ - ; : • • , I I I ; ; I • 1 1 n I 1 ; ; i - . . . . _ . 'LATTED PRIOR TO 7/22/71 Ir. .-,' F, • ' F: ';i•I Th' ' " • • - ; 4 I I I ! I I,__ 7 • ; ! 1 ; ; ; Coerr 5)mmAsa•-i' ( i T H ) C17Y EIJG11,1E:EV: A4 1:7,..1 C.Zr.;r5 F-6.1A.LIG WC" CaTs (2,3/4) 75-1-AL CD-;--Tf.-, 41; 13 ) - Fpbw-r Errr ) Co=7T Ff-Inwc Fo ol' 13q NN/DOT TEM NO. SPEC. NO. DESCRIPTION A -1 ESTINATED UNIT QUANTITY UNIT PRICE AMOUNT i. • 9.00. . :Boo . Z400 , 011-5 11:4> ; * t • 'e.:*);N•,-•(.a v.‘5 n 1 r f=a., CaiJI,REcri-1:)?,) 30 150 • : too°, o° A- -7 TOTAL- • : • , • , PRELIMINARY ESTIMATE OF COST I.C. 51- 7 5. p. DiP 10A -ree IVIAD4 L. .1041-m MAIN.1 14-(1%I2ANIT W/(0"64•Te. •it •69,50 44, _7115, . , 1 1000.l000 • ?rag_ . . . • rt":74. DiF! 2. :1.00 14,oc:), H . 5- 1" COP.ts : ED- . ;".-tzsr•c7!= flra / VA.1 •-!-• 4,00 1ZO . 03Pr, .F?z. . . • C:K , ILI . r 10 6.5,0 PRELIMINARY ESTIMATE OF COST I.C. 51- . WATR..R.1.1,14.114- f'. MN/DOT ESTIMATED UNIT. ITEM NO. SPEC. NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 17." 2r-P 4- • L, • I P-L.P tz's . . . - 24 ‘1 RCP' c.7—".• .^ i 56 n f3C9 • zo . I c!). 300 42 2 1 1452 1211&9.. 55o L ; .EX11-'A OVZ.',;11 rf,1 L. F. V.20. PRELIMINARY ESTIMATE OF COST I.C. 51- :Davvee.- 5.P, HN/DOT ITEM NO. SPEC. NO. DESCRIPTION ESTIMATED UNIT UNIT flULANTITY PRICE AMOUNT eco, V.000 .4- 1.0 EA,.. , : • *I ; : C- 7 • . 'Lath Coc'l E',n44c2: "ei4-1 4,1 111/ -11:72: L. IC cf,AT •4-.6c..) . • , _ . .... , 3ozz, ; , MN/DOT 'TEN NO. SPEC. NO. PRELIMINARY ESTIMATE OF COST 51-.57y Impv-ovemelJT5- ESTWATED DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT r)- . 4 , Col API ow 'axed... 1/4../ATI ot,t c .".r. ; 1?.:c.,i, 1 .5 0 12..00 CL...cArz t NJ C.- . AG. . 2. , , .15c3o •,--_,,of,:y.=4,-.7.,,:::.e., Exr....€,NATI ()NJ G:•(. . •;:?..5;o. :_2.5•4" 1 1 Gtz,c.o.A.A.A.p.. to,-?_:-_ov..../ (t...V.) . 1> ,C ot-Am C)k Er ow , 1000, 1.10 . ktc,a D-1) . 2ryi5:. , '2; 0:-- D I t..i..s . . i t 1: . • , . D-17., -1:2.(..-.7-:,..51 C..ol 41 /rt .:, g.);..„.;;; ,Thz.V. 1 z r74._ , . -r-,...,, , —7 - 1 , ''''' , , . :k4.1 (..sr ...v.,: \Q - ko -10 e .., . . 1 _1 1 , 9.0 0 11 Lek ,/,Ae.;. . I, I, • ; : 1 ; ...,_ %•.);-.ir,v,'.7.:7 1,1 .,:yr :,,,,,it..;, •-?...,. 7.-v.::-.,,,, (t..?v.),. c.,'7r, : ( i 1 • (.1:`,-. " ip-.1 1...,' . , , , , t I • ; - i , ; t , . 11 1 1 t ; it 1 II i • j 4 11•. 1 . I f 1 1 . i I i t ; I I ; ' I CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS I.C. 51-375 SANITARY SEWER, WATERMAIN, STORM SEWER AND STREET IMPROVEMENTS ON BENNETT PLACE SOUTH OF HENNEPIN COUNTY RD. NO. 1 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Hall Council Chambers, 8950 Eden Prairie Road at 7:30 P.M. on Tuesday, April 21, 1981, to consider the making of the following described improvements: I.C. 51-375 Utility improvements and street improvements on Bennett Place. Total estimated assessable cost is $190,552 which includes $36,215 assessments for previously incurred trunk sewer and water improvements. pursuant to Minnesota State laws, Section 429.011 to 429.111. The area proposed to be assessed for such improvements is all that property within or tbutting on the above described limits. Written or oral comments relating to the proposed improvement will be received at this meeting. Publish: Eden Prairie Community News By Order of the City Council 4/9 and 4/16 Kathy Hermann, Deputy City Clerk City.of Eden Prairie 8950 Eden Prairie Rd., 55344 131 ( PROJECT SCHEDULE March 17, 1981 April 2, 1981 April 21, 1981 July 21 ,, 1981 July 23, 1981 Aug. 20, 1981 Sept. 1, 1981 Nov. 1, 1981 June 15, 1982 Sept. 1982 I.C. 51-375 Present feasibility report to the City Council and set hearing date Mail notice of hearing to E.P. Community News (Publish 4/9 and 4/16) . Public Hearing - Order Improvements & R/W acquisition Approve plans & specs and order ads for bids Mail notice of bids to Construction Bulletin & E.P, Community News (Publish 7/31, 8/7 & 8/14) Open bids Award contract Construction completed (sewer and water) Construction completed (streets and restoration) Levy assessments Igo RESOLUTION NO. R81-60 March 17, 1981 RESOLUTION APPROVING HENN. CO . PRELIMINARY PLANS FOR IMPROVEMENTS ON CO. RD, 4 AT VALLEY VIEW RD. I.C. 51-325 At a duly authorized meeting of the City Council of Eden Prairie Minnesota, the following resolution was moved and adopted: .RESOLUTION WHEREAS, Plans for Hennepin County Project No. 7928 showing proposed alignment, profiles, grades, and 'cross sections for the construsilumxreroastrlabionxxox improvement of County State Aid 'Highway No. 4 within the limits of the City as a (kadma) (State) (cmiy) Aid Project have been prepared and presented to the City. NOW, THEREFORE: 1T IS RESOLVED: That said plans be in all things approved and that the City ogrees to provide the enforcement for the prohibition of on-street prkiog on that portion of said Project No. 7928 within its corporate limits. Dated this day of • , 19 CERTIFICATION State of Minnesota County of Hennepin City of Eden Prairie I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the CitrCouncil of Eden Prairie at_a meeting thereof held in the City of Eden Prairie , Minnesota on the day of , 19 , as disclosed by the records of said City in my possession. (Seal) City Clerk 7L1 I DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 93Li-3381 Silicer() Vern CenzlingeF, P.E. Chief, Design Division VC/AWH:lar Enclosures March 4, 1981 Mr. Carl Jullie, P.E. Director of Public Works City of Eden Prairie 8950 Eden Prairie Road ,Eden Prairie, MN 55344 CSAH 4, COUNTY PROJECT 7928 S.A.P. 27-604-05 EDEN PRAIRIE PROJECT IC 51-325 ON VALLEY VIEW ROAD Dear MT. Jullie: Submitted herewith is one print copy of the pliIns and a sample copy of -a resolution approving plans for the above referenced project. A Construction Cooperative Agreement is being prepared and will be submitted for execution by your Council within the next few weeks. The City's estimated cost share of the project, based on the County's Standard Division of Cost Policy, is $180,707.60 - A copy of the Division of Cost Summary, Division of Cost breakdown and Project Cost Estimitte is enclosed to indicate which items are included in the City's share of project costs. Underground facilities for a traffic signal system' at Valley View Road, that may be warranted in the future, are included in the project and will be paid for totally by Hennepin County. The cost of these facilities will be applied as a credit to Hennepin County's cost share for that traffic signal when it is installed. We are requesting approval of the plans by Council Resolution at this time so the project can be processed without delay and construction can begin in early summer with completion in the fall of 1981. • We appreciate your cooperation in approving this project and will assist you in any way we can. If you have any questiou, please contact me. 4-V60,70-1,(00 '1 6 `6-6t i (wq,37s.00 HENNEPIN COUNTY /(4 2. onequoloppodunayemployer