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HomeMy WebLinkAboutCity Council - 06/16/1981EDEN PRAIRIE CITY COUNCIL ( ,UESDAY, JUNE 16, 1981 COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL 7:38 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul ReOpath and George Tangen City Manager Carl Jullie; City Attorney Roger Pauly; Finance Director John Franc; Planning Director Chris Enger; Director of Community Services Bob Lambert; Gene lietz, City Engineer; and Karen Michael, Recording Secretary APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JUNE 11, 1981 • Page 1251 CONSENT CALENDAR A. Set Public Hearing on July 7, 1911 to consider request for Municipal Industrial Development Bonds for Frana & Sons in the amount of $346,180.08 B. Clerk's License List Page 1256 C. 4th Amendment to Anderson Lakes Park Acquisition Grant Page 1257 D. Tax Forfeited Lands (Resolution No. 81-112) Page 1261 E. Consider bids for Elevated Storage Reservoir and Watermain, I.C. Page 1265 51-354, Contract No. 2 (Resolution No. 81-113) F. Resolution receiving petition from Viking Press, Inc., and ordering Page 1269 preparation of feasibility report for drainage improvements, I.C. 52404 (Resolution No. 81-114) G. Authorize Change Order No. 3, Valley View Road Improvements, Page 1271 I. C. 51-325,11 H. Authorize Change Order No. 1, Water Plant Improvements, I.C. Page 1273 51-354, Contract No. 4 I. Authorize Change Order No. 1, Well Improvements, I.C. 51-354 t Contract No. 1 J. Receive correspondence from the America Water Works Association Page 1279 expressing conoratulations to Ed Sorensen for an outstanding safety record for 1980 Council Agenda - 2 - Tues.,June 16, 1,81 K. Resolution approving plans and specifications and authorize bids to be received July 16, 1S81 at 10:00 AM for Creekview Estates, I.C. 51-375 (Resolution Ni. 81-110 L. 100% petition for Prairie East Park Playground Structure M. Change Orders - Community Center Page 1280 Page 1281 Page 1284 0 11 N. Change Order - Round Lake Park Shelter O. Tennis Court Sids P. Final approval for Municipal Industrial 'Development Bends in the amount of $350,000 for S & B Properties (Resolution Ni. 81-121) 4. Appreval of Eden Glen PUB Developer's Agreement IV. PAYMENT OF CLAIMS NOS. 6842 - 7188 V. REPORTS OF ADVISORY COMMISSIONS A. Development Commissien - Preliminary Repert on Development Costs (Chairman Tim Pierce) B. Slope Committee Recommendations • VI. PETITIONS, REQUESTS & COMMUNICATIONS A. HARDEE'S RESTAURANT PLAT by North Central Food Systems, Inc. Request Page 1329 to preliminary plat 1.1 acres of Eden Glen PUB. Located in southwest corner of US 169-212 and Eden Road (Resolution Ni. 81-110) VII. REPORTS OF OFFICERS, WRVS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Manager 1. Authorization for City Attorney to enter Amicus Curiae brief on behalf of the City of Eden Prairie regarding Fiscal Disparities lawsuit 2. Resolution cementing on the March 1981 Scooino Report for CSAH 62 (CressLown Hioh ,/ay) Resolution Ni. 81-111 D. Report of Director of Community Services 1. Proposed fees & charges - Community Center Page 1339 . E. Report of City Engineer 1. Receive petition and authorize plans and specifications for Page 1342 Eden Road between TH 169 and Eden Glen Read, I.C. 52-65 (Resolution No. 111-116) Page 1298 Page 1299 Page 1300 Page 1319 Page 1316 Page 1323 I.332 S. Page 1333 Tues.,June 16, 1,11 2. Resolution establishing "No Parking or Stopping" zone adjacent Page 1343 to Flying Cloud Fields on CAM 1 (Resolution Ni. 111-115) 3. Resolution appropriating Municipal State-Aid Funds for CSAH 4 and Page 1345 Valley View Road Channelization Project (Resolution Ni. 111-117) 4. Ordinance authorizing the declaration of water emergencies Page 1347 during which time the use of water shall be regulated, and prescribing a penalty (Ordinance Ni. $1-35) 5. Resolution authorizing condemnation proceedings for Valley View Page 1351 Road right-of-way acquisition, I.C. 51-325, Phase II (Resolution No. B1-119) Council Agenda - 3 - VIII. NEW BUSINESS IX. AIJOURNMENT. ••n UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 2, 1981 COUNCIL MEMBERS: COUNCIL STAFF PRESENT: 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath, and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, City Engineer Gene Dietz, Finance Director John D. Frane, Planning Director Chris Enger, Direc- tor of Community Services Bob Lambert, Jim Reyer of O'Connor & Hannan, and Recording Secretary Karen Michael ROLL CALL: All members present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: •Redpath moved, seconded by Tangen, to approve the Agenda as published. Motion carried unanimously. II. MINUTES A. City Council Meeting held Tuesday, May 5, 1981 (continued from 5/19/81) MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the City Council meeting held Tuesday, May 5, 1981, as published. Motion carried unanimously. B. City Council Meeting held Tuesday, May 19, 1981 Page 1, II., line 3: change CSAH 18 to CSAH 62. Page 3, add the following prior to the motion: "Penzel felt that making such approval would set an undesirable precedent in the community and he could therefore not support the action proposed." MOTION: Bentley moved, seconded by Redpath, to approve the minutes of the Tuesday, May 19, 1981, Council meeting as amended and published. Motion carried unanimously. Director of Community Services Lambert introduced Chuck Pappas, Community Center Manager. III. CONSENT CALENDAR A. Request by Valley Place Office Associates to set a Public Hearing date of July 7, 1981, for consideration of Municipal Industrial Development Bonds in the amount of S2,300,000 B. Request from NSP for anchor easement on County Road 4 at Round Lake Park MOTION: Moved by Redpath, seconded by Tangen, to approve items A and B on the Consent Calendar. Motion carried unanimously. 12c,1 City Council Minutes -2- June 2, 1981 IV. PUBLIC HEARINGS A. Resolution concerning termination of Redevelopment District and Redevelopment Projects and the termination of the Redevelopment Plan and Tax Increment Finan- cing Plan relating thereto (Resolution No. 81-107) City Manager Jullie spoke to the need for Resolution No. 81-107. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 81-107. Motion carried unanimously. B. HARDEE's RESTAURANT by North Central Food System, Inc. Request to rezone 1.1 acres from Rural to Com-Reg-Service for a Hardee's Restaurant. Located in the Southwest corner of US 169-212 and Eden Road. (Ordinance No. 81-09). Geoff Martin, Howard Dahlgren Associates, reviewed the site plan, access points, landscaping plan, and signs. John Shardlow, also of the Dahlgren firm, addressed the road system. Planning Director Enger stated this item had been considered by the Planning Commission at its May 11, 1981 meeting,at which time the Commission recommended by a vote of 7-0 to approve the rezoning subject to the May 8, 1981, Staff Re- port -- with one change in the first recommendation: the words "The Developer has agreed will be inserted at the beginning. A variance is being requested from the Board of Appeals and Adjustments to allow for a canopy on the south side of the building. The Planning Commission endorsed the request and has so stated to the Board of Appeals and Adjustments. Bentley asked if there is a "stacking" standard. Martin replied that from what he has been able to find, Hardee's seem to have set a standard which is higher than those of other restaurants of this type. Martin could not recall having seen any specific standards for "stacking". Enger pointed out that along with the 10-car stacking area, the drive-through area is segregated from the regular parking area. Discussion took place on utilities and street improvements. City Manager Jullie explained how improvements might be staged so they could be done as other permanent improvements were being built rather than waiting for more development to occur. Bentley suggested the possibility of an "assistance commitment" from the developer to help in providing signals at the Eden Road/ TH 169 intersection. Penzel related that Minnesota Protective Life might be • interested in this also because they have been requesting signals at this inter- section for some time. Edstrom asked under what circumstances the secondary access would be used. He also questioned the internal circulation which Plan- ning Director Enger said had been examined and which was felt to be adequate. MOTION: Moved by Redpath, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance 81-09, request to rezone 1.1 acres from Rural to Com-Reg-Ser for a Hardee's Restaurant, located in the southwest cor- ner of US 169 and Eden Road; subject to the Developer's Agreement and Staff recommendations. Motion carried unanimously. I2Sa City Council Minutes -3- June 2, 1981 C. Request for Municipal Industrial Development Bonds in the amount of $1,072,500.00 for Minnesota Supply Company (Resolution No. 81-94) Jeff Coult, representing Juran & Moody, spoke to the request. Among those present representing Minnesota Supply Company were J.E. Stoms- ness and A.L. Finstad. MOTION: Moved by Bentley, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 81-94, granting a request for Municipal Industrial Development Bonds in the amount of $1,072,500.00 for Minnesota Supply Company. Motion carried unanimously. D. Request for Municipal Industrial Development Bonds in the amount of $850,000.00 for Volunteers of America Preject (Resolution No. 81-95) Tom Ryan, Ryan Development, spoke to the request. He introduced Robert E. Nolte, Jr., Vice President of Volunteers of America, who gave a history of Volunteers of America. Bob Ryan of Ryan Development was available to answer questions posed by the Council. Bentley questioned the dollar amount in the "equipment" category of expenditures. MOTION: Moved by Redpath, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 81-95, granting a request for Municipal Industrial Development Bonds in the amount of $850,000.00 for Volunteers of America Pro- ject. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 6617 - 6840 MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos. 6617 - 6840. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment to the Historical & Cultural Commission to fill an unexpired term to 2/28/84 (continued from 5/19/81) MOTION: Tangen moved, seconded by Redpath, to appoint Bruce Brill to the Historical 6 Cultural Commission to fill an unexpired term to 2/28/84. Motion carried unanimously. 2. Bentley - called attention to the fact there is no written policy or guidelines regarding the use of cash park fees. Tangen felt it might not be in the best interest to have things tightened -- things have been going smoothly as they are. Edstrom concurred with Tangen; Redpath felt there was no need at this time.. Director of Community Services Lambert stated there are guidelines used presently, they just are not in written form. City Council Minutes -4- June 2, 1981 3. Edstrom - Called attention to the fact that the Waste Management Board did not select any Eden Prairie sites in their search for potential sites. B. Report of City Attorney There was no report. C. Report of City Manager 1. Resolution No. 81-108, establishing a policy of a six-month time limit between 1st and 2nd Reading of Ordinances MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 81-108, establishing a policy of a six-month time limit between 1st and 2nd Readings of Ordinances. Motion carried unanimously. D. Report of Director of Community Services 1. Lions Club donation and request Director of Community Services Lambert explained the Lions Club on April 20th had unanimously approved a $15,000 funding project for the develooment of a playground area adjacent to Round Lake beach and a fishing pier on Round Lake. They would anticipate future funding projects in this area and as a part of this commitment would like the City to name the beach "Lions Beach" and note that name with a sign in an appropriate location. The Parks, Recreation and Natural Resources Commission had considered the donation and request at Its May 4, 1981 meeting,and had recommended the Council approve the request. The concensus was that the City has always refrained from naming any portion of a park or building after any club, organization, or individual; and if the City were to do so at this time other organizations might feel slighted by not being able to receive the same type of recognition. It was felt that the City could provide an appropriate plaque or sign noting that certain equipment and the pier had been donated by the Lions Club. MOTION: Redpath moved, seconded by Bentley, to gratefully accept the proposed donation of the Lions Club of $15,000 for the development of a playground area adjacent to the Round Lake beach and a fishing pier on Round Lake as well as a plaque or sign which would designate the dona- tions. Motion carried unanimously. 2. Athletic field improvement at Round Lake Park Lambert, Director of Community Services, spoke to his memorandum of May 28, 1981, which addressed the athletic field improvement program for Round Lake Park. The Parks, Recreation and Natural Resources Commis- sion is recommending the fields be irrigated this Fall (a well would be put in -- the southern four fields would be irrigated while the northern fields would not be at this time); in 1982 one of the softball fields would be lighted and in 1983 a second field would be lighted. 12Sq City Council Minutes -5- June 2, 1981 Redpath questioned improving ballfields when they actually perpetuate League play rather than neighborhood-type use. Lambert agreed that lighting Round Lake fields would increase their use by Industrial Leagues. This, however, does mean that neighborhood parks ate then available for neighborhood kids to use. MOTION: Tangen moved, seconded by Redpath, to proceed with plans to irrigate the southern portion of Round Lake Park during 1981. Motion carried unani- mously. Jay Peterson, 11179 Windrow Drive, said the lights at the Nesbitt Preserve Park lights are sometimes left on until 11 p.m. or later. Lambert said a phone call the next day would help eliminate this problem. 3. Preserve Park Bike Trail MOTION: Tangen moved, seconded by Bentley, to proceed with the completion of the construction of a bike trail within Preserve Park connecting to the bike trail which is being constructed along Anderson Lakes Parkway. Trail construction to be funded through cash park fees. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. E. Report of City Engineer I. Receive feasibility report and order Public Nearing_for July 7, 1981, I.C. 51-381, Sunnybrook Road (Resolution No. 81-109) City Engineer Dietz spoke to the proposal. Penzel asked if any consider- ation had been given to putting in a cul-de-sac at the western end of Sunny- brook Road to eliminate what is a dangerous intersection at that point. Dietz stated that will be considered as further improvements are Proposed. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 81-109, receiving feasibility report and calling for a hearing (I.C. 51-381). Motion carried unanimously. F. 'Report of Finance Director 1. Clerk's License List MOTION: Bentley moved, seconded by Edstrom, to approve the Clerk's License List. Motion carried unanimously. VIII. NEW BUSINESS There was no new business. IX. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 9:46 p.m. Motion carried unanimously. 'ZS CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST — June 16, 1981 CONTRACTOR (MULTI-FAMILY & COMM.) The Fendler Company : Gausnen Builders, Inc. Minnesota Cablesystems Southwest Trucker Sheehy Constructors, Inc. CONTRACTOR (1 & 2 FAMILY) Design Construction, Inc. Dundee Nursery & Landscaping Edwards & Associates Heritage Construction Co. Shaffer Construction, Inc. GAS fITTER Domestic Heating Co. Master Heating & Cooling HEATING & VENTILATING Domestic Heating Co. PLUMBING Dave Dempsey Plumbing SEPTIC SYSTEMS G. L. Hennen Construction, Inc. VENDING MACHINES W. Gordon Smith Co. These licenses have been approved by the department head responsible for the licensed activity. ) A 1_41 Pat Solie, Licensing Clerk trio 'EH/RANDOM TO: Mayor and City Council Parks, Recreeation and Natural Resources Commission MIRO: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: June 11, 1981 SUBJECT: Fourth Amendment to Anderson Lakes Park Acquisition Grant Attached to this memo is a letter from Robert E. Nethercut, Director of Parks and Open Space Metropolitan Council, requesting approval of the Fourth Amendment to the Acquisition Grant for Anderson Lakes Park. This amendment increases the grant by t67,000 te a new total of $1,844,532. The additional funds are to enable the City of Eden Prairie to complete acquisition of Parcel 15 (the Janke parcel) and .other parcels previously funded by the Council. Parcel 15 is the only parcel the City has any remaining commitment for acquisition within Anderson Lakes Park. This commitment was made in, and agreed to, within the transfer agreement with Hennepin County Park Reserve District. • BL:md MY'S 300 Metro Square Building. 7th Street and Robert Street. Saint Paul, Minnesota 55101 Area 812. 291.8359 June 4, 1981 Mr. Robert Lambert Director Community Service City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Bob: Enclosed are five copies of the fourth amendment to the acquisition grant contract with the City of Eden Prairie'. This amendment increases the grant by $67,000 to a new total of $1,844,530. The additional funds are to enable the City of Eden Prairie to complete acquisition of Parcel 5 and other parcels previously funded by the Council. This funding was authorized by the Metropolitan Council on April 9, 1981 as part of the action on the Transfer Agreement between the City and the Hennepin County Park Reserve District. Please have all five copies signed by the city and returned to me for final signature here. I will then return two fully-executed copies to you for your files. • Sincerely, Robert E. Nethercut Director, Parks and Open Space REN/dlmp enclosures /2S% An Agency Created to Coordinate the Planning and Development of the Twin Mien Metropolitan Area Commuting: r•.,wwv n.narearai (leant., 0 110Ott. COMInW.9, W.emlb,..gton COUntY . . 1,259 CONTRACT NO. 7419 FOURTH AMENDMENT TO GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE • CITY OF EDEN PRAIRIE The parties hereto agree that the Grant Agreement which they entered into on the 1st day of October, 1974, relating to the granting of funds for the acquisition of recreation open space lands within Anderson Lakes Regional Park, shall be and is hereby amended in the following particulars: 1. Paragraph .4 is amended to read as follows: "4. Payment of Grant Proceeds. The Council agrees to make availale to the grantee during the period specified herein the total grant amount of $1,844,530 for the purpose of accomplishing the project and acquiring the lands and paying the costs and expenses authorized pursuant to Paragraph 3 herein. $498,080 of this amount shall be used to carry out the acquisitions of Partials F.-3b, E-9abc, E-10c, and E-10d as set forth in Exhibit A, attached hereto and made a part hereof." 2. Paragraph 7a is amended to read as follows: "7. General Conditions. a. Duration. The period of grant award specified herein shall commence on the execution of this agreement and remain in force and effect until December 31, 1982. At that date, all allocated grant funds, which have not been expended or otherwise committed by contracts, shall revert to, and become a part of, the Council's Parks and Open Space Fund, and may be reallocated or expended by the Council for other parks and open space development and/or acquisition purposes." Except as amended hereby, the provisions of the above-referenced contract shall remain in force and effect without change. METROPOLITAN COUNCIL By, Eugene Franchett, Executive Director THE CITY OF EDEN PRAIRIE By It Mayor -2- ( IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by their duly authorized representatives'on this day of 19_. Approved as to legal form and adequacy: Office of Staff Counsel CY.630A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION FOR TAX FORFEITED LANDS RESOLUTION #81-112 ' WHEREAS, the City of Eden Prairie has received a list of non conservation land in Hennepin County that have forfeited to the State of Minnestoa for non payment of real estate taxes, and WHEREAS, provided in Minnesota Statutes 282, the City Council is asked to approve the public sale of these parcels, and WHEREAS, the City has determined that these parcels would not be of benefit to the City for public use, NOW,. THEREFORE, BE IT RESOLVED, that the City Council of the City of Eden Prairie does approve the public sale of Parcels described is follows: PIN 01-116-22-14-0002 and PIN if 09-116-22-434010 ADOPTED by the City Council of the City of Eden Prairie on the 16th day of June 1981. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, Clerk 04 1 HENNEPIN COUNTY TN: FORFEITED LAND CLASSIFICATION LIST NO. 660-NC PROPERTY ADDRESS DIST PLAT PARCEL .61 56704 1620 -61 56845 8400 44606 cm 0) ctie ) PID 04 116 22 14 : 09 116 22 43 -IC CERT 4 NO, 44599 • itilitUat-77t•-• ';'.":-!, 'q!..f*t:-*_.1 -••-•-.. ..`"' 14.; :‘,.,., ' 4 '..id . : i C• *f :, -g•Ve, :::14,1',::.• : .:::1:1 :' 7, : ' .44'.;• 7: ::-.."--: ri .. 4" ' i 2.1 '" •-'.. r ' 1 —•;#''' .--; ILI: 9":"Pr...e=_•;.--i .firmq, ' 441 . ; 1/ P . ..3 1't i' ,,,L..,; : lial, I'. # ' . # # 7 - , ..• -71" i. ' A • , , , .7.---.7- t , '' , fill l';; 'kr—'., . -,, . . . , . 1 P '' 1 ji.ift4 •' . .r. , la." r7 ' ...1 Ai #,, 'Ll - - ....I' 1 t I, 41,, iw '' i 4 - . 7 y- i, ;. .4., t. , • ,,,,,...,,, E,,i1". ' -7 3. tit! t, • , : * 1‘,7 etr,0 ' ..„ • n171A'77;7'..? N..RwAN -44,Thr , f'•••••• ...4?•771% 's k ... June 1-6, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-113 RESOLUTION ACCEPTING BID I.C. 51-354 (CONTRACT NO.2) WHEREAS, pursuant to an advertisement for bids for the following improvements: • I.C. 51-354, Elevated Storage Reservoir Contract No.2 Bids were received, opened and tabulated according to law. Those bids received are shown on the attached summary .of bids; and WHEREAS, the City Engineer recommends award of contract to Pjttsburgh-Des Moines Corp., as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City. Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Pittsburgn-Des Moines, Corp., in the name of the City of Eden Prairie in the amount of $888,350.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: ' SEAL John D. Frane, Clerk g6)S -BLACK & VEATCH CONSULTING ENGINEERS Eden Prairie, Minnesota 1 M.G. Elevated Storage Reservoir Contract No. 2 • TEL. (913) 967.2000 • TELEX 42-6263 1500 MEADOW LAKE PARKWAY MAILING AIDONCI , . P.O. ION NO GAGS KANSAS CITY, MISSOURI 11•114 B&V Project 9082.CPS B&V File G-2.1 June 5, 1981 Mx. Eugene Dietz Director of Public Works City Offices 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Dietz: Ands were received and opened at the City Offices on June 4, 1981 for Contract No. 2, 1 M.G. Elevated Storage Reservoir. Three bids were received and are as follows: Contractor Pittsburgh-Des Moines Corp. 1015 Tuttle Des Moines, Iowa 50308 Universal Tank & Iron 6107 Guion Rd. Indianapolis, Indiana 46254 Chicago Bridge & Iron 332 South Michigan Ave. • Chicago, Illinois 60604 Bid Amount $888,350.00 $930,930.00 $1,042,600.00 The low bid was received from Pittsburg-Des Moines Corp. in the amount of $888,350.00 which was substantially below Black & Veatch's estimate of $998,200.00. Pittsburg-Des Moines Carp (PDM) is an experienced tank fabricator and has constructed numerous tanks of similar design in the Minneapolis-St. Paul area. Black & Veatch has had firsthand experience with PDM on several tank projects and have found them to be a well qualified tank fabricator. We have reviewed the bidding documents submitted by Pittsburg-Des Moines Corp. and find them to be in order. We believe they are capable of satis- factorily performing the work under Contract No. 2. Therefore, we recommend 12 66 Mr. Eugene Dietz 2 S&V Project 9082.CPS Director of Public Works line 5, 1981 77. to the City of Eden Prairie that Contract No. 2, 1 M.G. Elevated Storage Reservoir be awarded to Pittsburg-Des Moines Corp. for the bid amount of $888,350.00. If you have any questions regarding the recommendations contained herein, please contact us. Very truly yours, is cc: Mr. Ed Sorensen lin Jim Schnurr Eugene A. Dieti, Directqr of Public Works I2 C1 'AN &AO( wit PROJECT BIDS RECEIVED 2100 P.D..L.T.. JUNE Aollialont Al cm PRAIRIE. H/NNESOTA twsi+aeS No 9O82. UT? FOR 1.0 MC ELEVATED STORACE CITY PROJECT NO. 51-354. CoMACT_NO. 2 mutt June 4. It BIBS TINSLAT/O I ,V. Hostetler BIDS [steal° IT SHEET NO RANI Of •IIIIIS UNIVERSAL TANK I. CHICAGO IHON 6107 Colon Hoed indlanav,lis, 'NW A .117 775, 1 MIL 132 S. Michigan , hio.Ro. 7717 cosi' BRIDGE & IRO Ave. IL 60604 PITT§BHRGH - DES ,'IOINEF "3' 1596 Des MoinesIA 50306 I AOIlESS Of BIDDER * L It., 7T,70.7Tioy 717Y U IT ,-- le!.1 IIII IT EDIT TOTAL • MIT ITS? TOTAL C.17 C77. 757A I____ 4i1D--LCURLIY--__ s e I! I AUL:ILL:11 ArY110111.= . t I No. 1 ___y IMME For_construction_serzdtte_. F 1 IL_—__1...ConttOct..1;2._1....WAter_lkidc Lrurost—,mta_._1.0 n_LItyatcd 111111 Otnrgti.: RSCIYI7II. 0E5' NO. 51:354: _Lfroil,rt frill D AD DIN 1042.600.Di 88.150-D 11------4-7 MEM= E MI NM MIMI NIMI1 1111111 1111111 111111 11.111 1 1111111 1111111E11111 111111111 1M111 l':------"_P:7r271:+lic:=C:4117111tflr . dor,: i t Substantially complete 300 i 1 All work corplete 350 _ I I i RECOSDIE TED r 0 AFARp i 1 " 11111111111 I • I IIIII 111111 SIMI MIMI MIMI MEM =I OM MIN 11•11••n MI OMNI To,.. . . June 16, 1981 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R8 .014 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT ON IMPROVEMENTS (I.C. 52-004) WHEREAS, a petition has been received and it is proposed to make the following improvements; I.C. 52-004, Drainage Improvements Viking Press and Vicinity and assess the benefitted property for all or a portion of the cost of the Improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of RCM„ Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost, assessment and-feasibility of the proposed improvements. ADOPTED by the Eden Prairie Ctiy Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements Cs): (General Location) Sanitary Sewer Watermain • X Storm Sewer . . Street Paving Other Street Address or Other Legal Description of Property to be Served VIKING PRESS 7000 Washinoton Avenue CROWN PLASTIC ( 9915 West 69th Street BARRETT MOVING & STORAGE 7100 Washington Avenue South WILSON LEARNING CORPORATION 6950 Washington Avenue South TJTITTED—P-A—R—CEL SERVICE Cramer-Weir Const. (Owner) 9995 West 69th Street Names of Petitioners (Must Be Property Owners) e! (For City Use) Date Received Project No. Council Consideration t 2'10 CHANGE ORDER NO. 3 DATED May 22, 1981 PROJECT: Valley View Road Phase II ENGINEER'S PROJECT NO. 791011_11 OWNER: City of Eden Prairie CONTRACT DATE: September 19, 1981 OWNER'S PROJECT NO. TO: Progressive Contractors, Inc. , CONTRACTOR You are directed to make the changes noted below in the subject contract: OWNER: City of Eden Prairie BY: Director of Public Works DATE: NATURE OF THE CHANGE: See attached. ENCLOSURES: The changes result in the following adjustment of Contract Price and Time: Contract Price Prior to this Change Order: Net (Increase)(Dec-rease) Resulting from this Change Order Current Contract Price including This Change Order Contract Completion Date - Prior to this Change Order Net (Increase)(Dar.4-oase) Resulting from This Change Order Current Completion Date Including this Change Order $ 1,284,888.90 $ 15,667.50 $ 1,300,556.40 August 5, 1981 7 Calendar Days • August 12, 1981 The Above Changes are Approved: The Above Changes are Accepted: RIEKE CARROLL MULLER ASSOCIATES, INC. ENINEE BY: DATE: / PROGRESSIVE CONTRACTORS, INC. CONTRACTOR /1,1 , &7". ' (12) 1271 CHANGE ORDER NO. 3 MAY 29, 1981 VALLEY VIEW ROAD PHASE II " To Dell Road, 1.C. 51-325E, SAP 181-108-02, add the following quantities and costs: 2105.505 Muck Excavation 2200 CY @ $1.75/CY = $3,850.00 2105.521 Granular Borrow 1950 CY (CV) @ $2.85/CY = $5,557.50 To Valley View Road, I.C. 51-3250, SAP 181-109-03, add the following quantities and costs: • 2105.515 Muck Excavation 2600 CY @ $1:75/CY-= $4,550.00 2105.521 Granular Borrow 600 CY (CV) @ $2.85/CY = $1,710.00 2105.505 Muck Excavation In isolated locations on Valley View Road and on Dell Road, excavations to plan line grades exposed saturated mixtures of organic and inorganic swamp deposits considered unsuitable for foundation material. The added muck excavation quantities are for removal and disposal of these unsuitable materials. 2105.521 Granular Borrow In the areas of muck excavation, granular borrow is proposed as backfill material below existing and anticipated water tables to control immediate saturation of subgrade materials and reduce the risk of differential frost heaving. Granular borrow sections will terminate with 20:1 tapers. 1.2 73 'BLACK & VEATCH CONSULTING ENGINEERS Eden Prairie, Minnesota Contract Nos. 1 and 4 Mr. Carl Jullie City Manager City Offices 8950 Eden Prairie Road Eden Prairie; Minnesota 55344 TEL (913) 967-2000 • TELEX 42-6263 1500 MEADOW LAKE PARKWAY MAILING ADOWEBE. P.O. VOA NO NAGS KANSAS CITY. MISSOURI 64114 B&V Project 9082 CPS B&V File 0-4.1 June 3, 1981 Dear Mt. Jullie: ;Enclosed are four copies each of the following: 1. Change Order No. 1 for Contract No. 1 (Water Supply Wells) 2. Change Order No. 1 for.Contract No. 4 (WTP Additions) Change Order No. 1 for Contract No. 1 changes the wall thickness of the 24—inch well casing and permits the use of bronze wearing rings. We find these changes acceptable and they result in a cost savings to the City. Change Order No. 1 for Contract No. 4 changes the lagoon layout and changes the manufacturer named in the questionnaire for the basin equipment. We have reviewed the Contractor's cost breakdown, calculated the balance of cut and fill earth quantities for the changes to the lagoons, and we find the proposed cost of $6,003.00 to be a fair price for the change in the scope of work. No changes in cost have been allowed for the change to the questionnaire. If the change orders are acceptable, we suggest that the City execute them and forward them to the respective Contractors for their signatures. They will then keep one copy, give one copy to their surety and return two copies to the City. One of the executed copies should be returned to Black & Veatch. Please contact us if you have any questions. Very truly yours, BLACK. 6 VEATCH Clif t on V. -Hostetler ge Enclosures cc: Mr. EA Sorensen Mr. Jim Schnurr EDEN PRAIRIE, MINNESOTA WATER WORKS IMPROVEMENTS tr. CITY PROJECT NO. 51-354 CONTRACT NO. 1 WATER SUPPLY WELLS NO. 4, NO. 5 AND NO. 6 CHANCE ORDER NO. 1 I. SCOPE This Change Order No. 1 makes miscellaneous changes to the specified materials . used in the well and pump construction. U. ORDER The specifications for Contract No. 1, Water Supply Wells No. 4, No. 5 and No. 6 shall be changed as follows: A. Page 28-1, Paragraph 2B-3.01. The wall thickness of the well casing shall be changed from 1/2 inch to 318 inch. B. Page 11A-3, Paragraph 11A-4.01. The bowl wearing rings shall be changed from "11-14 per cent chrome steel or 18-8 stainless steel" to "SAE 40 bronze". C. Page 11B-4, Paragraph 118-5.01. The bowl wearing rings shall be changed from "11-14 per cent chrome steel or 18-8 stainless steel" to "SAE 40 . bronze". III. CHANGE IN CONTRACT AMOUNT The adjustment in the contract amount resulting from this Change Order No. 1 is a decrease of $5,198.00. The net change to the contract amount is summarized as follows: Original Contract Price $652,700.00 Change Order No. 1 -(5,198.00) New Contract Price 8647,502.00 The adjustment unit price for more or less than 645 feet of 24 inch diameter well casing, cemented in place (exclusive of cement), shall change from $50.00 per linear foot to $42.50 per linear foot. (EDEN PRAIRIE, MINN.) (WATER SUPPLY WELLS ) C01-1 177q 1215 IV. ACCEPTANCE The changes end conditions as set forth in the above Change Order NO. 1 are hereby accepted. A&K CONSTRUCTION, INC. CITY OF EDEN PRAIRIE, MINNESOTA Contractor Owner By Date By Mayor Date By City Manager Date (EDEN PRAIRIE, MINN.) . (WATER SUPPLY WELLS ) C01-2 (EDEN PRAIRIE, MINN.) (WTP ADDITIONS C01-1 121c, EDEN PRAIRIE, MINNESOTA WATER WORKS IMPROVEMENTS CITY PROJECT NO. 51-354 CONTRACT NO. 4 WATER TREATMENT PLANT ADDITIONS CHANGE ORDER NO. 1 I. SCOPE This Change Order No. 1 makes changes to the Questionnaire a n d t o t h e n e w sludge lagoon. II. ORDER A. The specifications for Contract No. 4, Water Treatment Plant A d d i t i o n s , shall be changed as follows: The manufacturer listed in the questionnaire of the executed c o n t r a c t documents for the primary basin equipment and for the secon d a r y b a s i n equipment shall be changed . from "National Hydro" to "General Filter Company". B. The drawings for Contract No. 4, Water Treatment Plant Addi t i o n s s h a l l be changed as follows: Sheet 1 of 35, General layout. The layout of the lagoon wo r k s h a l l be changed as shown on Figure C01-1, attached and made part o f t h i s Change Order No. 1. III. CHANCE IN CONTRACT AMOUNT The adjustment to the contract amount resulting from this C h a n g e O r d e r N o . 1 is an increase of $6,003.00. The net change to the contrac t a m o u n t i s summarized as follows: Original Contract Price Change Order No. 1 $2,298,800.00 6,003.00 New Contract Price $2,304,803.00 IV. ACCEPTANCE The changes and conditions as set forth in the above Change Order No. I are hereby accepted. BARBAROSSA AND SONS, INC. Contractor CITY OF EDEN PRAIRIE, MINNESOTA ' Owner By By Mayor Date Date By City Manager Date (EDEN PRAIRIE, MINN.) (WTP ADDITIONS C01-2 ottt otritiat Imo to. too CORSULTI•S MINIM EDEN PRAIRIE • MINNESOTA WATER WORKS IMPROVEMENTS WATER TREATMENT PLANT ADDITIONS CHANGE ORDER NO.1 FIGURE NO. CO I—I EEH' BLACK & VEATCH' CUCUTT (0/ MITCHEL,. ROAD CONTRACT NO 4 127Z %No American Water Works Association I 6666 West Quincy Avenue I Denver, Colo. 60235 I 303 794-7711 May 1981 Ed Sorensen Water Superintendent Eden Prairie Water Department 7905 Mitchell Road Eden Prairie, MN 55344 Congratulations on your utility's outstanding safety record for 1980. By completing the year without a single disabling accident, you have provided a great benefit not only to your utility but to the industry as a whole. I know I speak for the officers and directors of AWWA as well as for' the section officers and safety chairmen who have worked so hard to achieve an industry-wide safety performance improvement. The Association's Accident Prevention Committee, supported by section safety chairmen, is expanding its program to provide better opportunities for everyone to reduce accidents. Your continued emphasis on all the aspects of safety and support of AWWA will be of individual and industry-wide benefit. Congratulations again, and keep up the good work. erome B. Gilbert President 3BG:d1b JERC4.1 E GILBERT Sacidr:icnw, Camoinia 'CP:NE*1'H j Er, STACHL DI., Tp n as F.,.:,-Tr(..1 ,0(At DONALD K. SHINE V.'..c.rntnc V..cto;an T w tat r. J L?LAR. II Cr..tcrVdt boAr!,ve r'n •(..:;vr DM0 101.. CRESTON Lc,fly ,-,.. G::oradc CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTIO NO. R81-118 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING . ADVERTISEMENT FOR BIDS (I.C.51-375) WHEREAS, the City Engineer has prepared plans and specifications •for the following improvements, to wit, LC. 51-375, Utility, street and storm sewer improvements for Creekview Estates 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 advectisement 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, July 16, 1981, and considered by the Council at 7:30 o'clock P.M. on Tuesday July 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 Wolfgang H. Penzel, Mayor ATTEST: SEAL 4:John D. Frane, Clerk MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services .W DATE: June 11, 1981 SUBJECT: One Hundred Percent Petition for Prairie East Park Playground Structure Attached is a letter from Wallace HUstad petitioning from the Bluffs Company and Windsor Development Corporation for the City to purchase and install the required play structure in Prairie East Park. The Bluffs Co. committed to purchasing and installing that play structure in that park in the Prairie East 4, 5, 6 Developers Agreement. If the Council approves this petition, City staff would purchase a playground structure and have it installed within the next 30 days. BL:md cleve[opment corporation June 8, 1981 Mr. Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Petition for Improvements Dear Carl: Attached is a petition from The Bluffs Company and Windsor Development Corporation requresting that the City purchase and install the required play sculpture in the Prairie East park. We would appreciate it if the assessments would be spread equally against Lots 2)1-78, Block 1, Prairie East Fourth Addition. Thank you for your kind consideration of this matter and please contact me if you have any questions. Sincerely, /leA 4'1 Wallace H. R t usted 1.MH/er was 12750 PIONEER TRAIL, EDEN PRAIRIE MINNESOTA 55344 (612)941-4383 Lots 24, 25, 26, 27, 28, Block 1, AY/b/ V.,77/71 • -or 0."." CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real prop e r t y d e s c r i b e d below and herein petition for the Eden Prairie City Co u n c i l t o p r o c e e d with making the following described improvements: (General Location) .Sanitary Sewer Watermain .Storm Sewer Street Paving • Other Pursuant to M.S.A. 429.031 1 Subd. 3, the undersigned hereby waive any Public hearing to be held on said improvements, and fur t h e r s t a t e a n d agree that the total cost of said improvements shall be s p e c i a l l y a s - sessed against the property described below in accordan c e w i t h t h e City's special assessment policies. Wp fu4ther understan d t h a t . t . . h e offs joreliminary, estimated total cost for the said improvem e n t s i s )°,5,249a2 Street Address or other Legal Description of Property to be served Names and addresses of Petitioners (Must be owners of record) Prairie East Fourth Addition The Bluffs nompany (For City use) Date Received PrOject Council Consideration MEWRANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Servicer44"'" DATE: June 11, 1981 SUBJECT: Change Orders - Community Center and Round Lake Park Shelter Attached to this memo are two letters from Smiley Glotter Association requesting approval on Change Orders to the Community Center. The first Change Order is in regard to extra excavation that was completed in November 1980. This excavation was required due to the poor soils on the site and was reqired by Twin City Testing, when testing soils prior to installing building foundations. Mr. Has Matsumoto indicated that because of the late date of their submittal, April 29, 1981, and because none of the members of the architectural team were given a written notice of the excavation prior to this time, Smiley Glotter Associates could not recommend approving the extra payment. Smiley Glotter Associates'admits that the extra work was completed but felt that it was important to have a meeting of all persons involved in the decision prior to taking this request to the City Council. On June 9, 1981, City staff met with Smiley Glotter Associates and the General Contractor to discuss this payment request. Everyone agrees that the'work was completed, that the work did cost Magney Construction Co. $6,234.20 and that Magney Construction Co. was in error in delaying the submittal of this request. City staff is recommending that the City pay fifty percent (SO%) of the request, for a total of $3.584.50. The second request is for the overhead door and frame at the Zamboni room along with a modification of that door, for a total cost of $3,845.60. This door was in the original plans but was cut when we were attempting to cut back to meet the original projected costs. Mr. Pappas indicates that this door must be provided in order to secure the 2amboni machine as well as keeping the public away from an open pit within the Zamboni room. Total Change Orders for the Community Center equal $7.430.10. The first Change. Order requested for the Eden Prairie Park Shelter at Round Lake Park is for a total of SLIIILIfor modification to the footings and foundation that were required due to the storm sewer pipe encountered during excavation. The City has no asbuilt drawings of Round Lake Park and therefore did not detect the exact location of the storm sewer pipe until excavation began. Asbuilt drawings of the entire park will be completed upon completion of the construction at Round Lake Park.. /.2 711 12E The second Change Order requested for the park shelter is for $260 for changing the water heater from electric to gas. We originally intended jsut the heat water in the concession stand; however, we have been informed that we must also provide hot water in the restrooms. This will require increasing the size of the heater from 20-30 gallpnsmnd we therefore should also go to gas for more economical beating. Total cost of these two Change Orders is $3,243. RAL:rad •n• AHVESSalle Avenue Address Minneapolis, rinnpsota 55403 CHANGE ORDER MA DOCUMENT G701 OWNER ARCHITECT CONTRACTOR nun OTHER PROJECT: Eden Prairie Park Shelter CHANGE ORDER NUMBER: 1 (name, address) Eden Prairie, Minnesota DATE May 19, 1981 TO (Contractor) r- Jordahl Construction 16840 Dayton River Road Dayton, MInnesota 55327 —1 ARCHITECTS PROJECT NO: 8002—D CONTRACT FOR: All Construction CONTRACT DATE: March 16, 1981 You are directed to make the following changes in this Contract: All work necessary for the modifications to the footings and foundation due to the existing storm sewer pipe encountered during excavation. Masonry Excavation Gen. Requirements Sub Total 71/2% Profit/Overhead Total Add $1,955.00 $ 350.00 $ 470.00 $2,775.00. $ 208.00 $2,983.00 The original Contract Sum was $199,775.00 Net change by previous Change Orders $ -- The Contract Sum prior to this Change Order was $149,775.00 The Contract Sum will be lincreasedlAdt.ippyc)1/03tb'a,A0dyby this Change Order. . $ 2,983.00 The new Contract Sum including tills Change Order will be $152,758.00 The Contract Time will be 0,erpt,e01/51h,er,eit01 (unchanged) by The Date of Completion as of the date of this Change Order therefore is Smiley Glotter Associates Jordahl Construction Ccmpany City of Eden Prairie cfflhcrelyton River Road 0.18 Eden Prairie Road Address Address Dayton,,Minnesc2ta 55327 Eden Prairie, Minn. 55343 ia7G ) Days. AIA DOCUMENT C701 • CHANCE ORDER • APRIL 1970 EDITION • Alka • 1970 • THE ....... • or".•trrc tt • Vell.• •%/f PaW WIANIAtr.TC1N o r 25106 ONt !ACC JORDAHL CCNSTRUCTION CO. CITY OF EDEN PWRIE CONTRACTOR _16fitico_Dayton nivet_Boad_ Address Dayton, Minnesota 55327 1WNER R9cO !Mon Pra i ri Rrnri Address Eden Prairie, MN 55343 BY BY DATE • DATE CHANGE ORDER MA DOCUMENT G701 OWNER ARCHITECT CONTRACTOR FIELD OTHER o SMILEY GLOTTER ASSOCIATES 1021 LaSalle Avenue Minneapolis, Minnesota 55403 13 612-332-1401 Eden Prairie Park shdIter PROJECT: Eden Prairie, Minnesota (name, address) 110 (Contractor) r— —1 Jordahl Construction Company 16840 Dayton River Road Dayton, Minnesota 55327 CHANGE ORDER NUMBER: 2 Date: June 8, 1981 ARCHITECT'S PROJECT NO: 8002—D CONTRACT FOR: All construction CONTRACT DATE: March 16, 1981 You are directed to make the following changes on this Contract: All work necessary for the replacement of an electric water heater as specified with a gas fired unit. Electrical connection credit — Plumbing (Gas and flue piping) 7 Venting (Increase main flue size from 6" 0 to 7' 0) 71/2% profit and overhead — (includes Gen. Req.) TOTAL ADD $ 100.00 + $ 225.00 + $ 105.00 + $ 30.00 + $ 260.00 The original Contract Sum was Net change by previous Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be (increased) (c.ferdsZdV(Zrick /rsticif by this Change Order. . $ The new Contract Sum including this Change Order will be $ The Contract Time will be YairCACIMe1eir66sil (unchanged) by The Date of Completion as of the date of this Change Order therefore is 149,775.00 2,983.00 152,758.00 260.00 153,018.00 ) Days. SMILEY GLOWER ASSOCIATES ARCHITECT j.palaSalle Avenue Address Minneapolis, Minnesota 55403 • By DATE / r, AlA DOCUMENT Gni • CHANCE ORDER • APRIL WO EDITION • AIA09 • A3 1570 • THE ONE PACI .R. Curley ERC:al 1271? ley/Glotter Assoc'.les 1021 LeSiete Avenuo Minneepolle.mewls 55403 012133244W Architects Sr*mole Planners MWriceDelegmrs S.C. Smiley.FAt A. &H. Wolter. Alb. IFLY, Laiderrnen, A.I.A. 0.11. Nyberg. AAA. June 3, 1981 Mr. Robert Lambert City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Eden Prairie Community Center Comm. No. 8002 Dear Mr. Lambert: Enclosed are quotations we have received the past few weeks for proposals for extras from Magney Construction Company and hereby submitting for your consideration. 1. Add overhead door and frame at Zamboni Room per Proposal Request A-3. a. Item 1 & 2 Door & Frame Add $3,201.60 b. Item 3 Bumper Posts were deleted by Chuck Pappas. C. Item 4 Rubber Bumpers cost is excessive and we do not recommend acceptance at this time. d. Item 5 Modification of existing overhead Door 121 was necessary to accommodate the possibility of the new door and should be approved if you decide not to accept door and frame Items 1 & 2. This would be and add of $80.00. e. Electrical for overhead door in the amount of $296.00 has been submitted to you by Dolejs Assoc. 2. Add steel lintel at relocated Doors 112A & 113A per Field Order A-2. This steel lintel was required by Structural Engineer to support bearing wall above on 2nd floor precast concrete plank Add $ 268.00 We would recommend your approval of these additions to the contract and request your authorization to process the proper change orders. Please review these with your staff and if there are any questions or you need additional information, please call. Sincerely, • SMILEY GLOTTER ASSOCIATES INDUSTRIAL I c • • • ••••Ii shnon •n••••n ..... ••n • 1,111fti nvca David Brellenthin COMMERCIAL Oh/r1 GENERAL CONTRACTORS 2724 EERNBROOK LANE • MINNEAPOLIS, MINNESOTA 55441 L ettlest4t $59.3$43 Al(ign(b9 CO.NSTRUCTION CO. Smiley Glotter & Assoc. 1021 Lasalle Mpls., Mn. 55403 Dear Pete; May 21, 1981 REs EDEN PRAIRIE COMMUNITY CENTER In receipt of your proposal request A-3, dated April 6, 1981, please find a breakdown of the costs for each item. 1.) OH door and appurtances $2360.00 157. overhead & profit 354.00 Total 2714.00 2.). 3X3x3/8" steel angle lambs 350.00 dic8"x3/8" steel plate 47. tax 14.00 Labor - 3 hours at $16.00 48.00 257. taxes and insurance 12.00 Sub-total 424.00 , .157. overhead and profit 44790 6:3 Total 488:004..FP.:0 3.) Deleted 4.) Rubber bumpers at jambs 248.00 Labor 2 hours at $16.00 32.00 257. taxes and insurance 8.00 Sub-total 288.00 157. overhead & profit 43.00 Total 331.00 To install the additional overhead door as requested in item number one, modifications were made to the existing overhead door 121. The cost for the modification is included in item number one cost figure of $2360.00 for the work which has been performed. 5.) Modify existing overhead door 121 70.00 157. overhead and pr. it 10.00 Total $80.00 If there are any further questions regarding any of the above, please contact Inc. CONTRACT FOR: General Construction CONTRACT DATED: October 1, 1980 OWNER 0 Proposal SGA CONTRACTOR 0 FIELD Request OTHER EDEN PkAIRIE COMMUNITY CENTER PRORCI: 16700 Valle y View Road (now, ailtliess) Eden Prairie, Minnesota 55343 " SMILEY GUNTER ASSOC.A.• akcis::(Cts ENCoNcLiiS PLAN yr Lastst.LE AvotoE V? 33? wit MINNE APOliS MO.N[b;11A V.,40 I PROPOSAL REQUEST NO. A-3 Cit y of Eden Prairie Dm April 6. 1981 I()• MIMI 10 ,1 ARCHITECT'S PROJECT NO: 8002 Ma g ne y Construction Compan y 2724 Fernbrook Lane Minneapolis, Minnesota 155441 Pkase submit an itemized Cl uota i lon for chan g es in the Contract Sum and/or Time incidental to proposed rnodifica- .,tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Nimirn dAsoptam a the woo Furnish and install interior overhead door, frame and bumpers in existin g 10'-8" x 12'-4" concrete block openin g between Zamboni Room 121 and Ice Arena 125. Door shall open into Zamboni Room. 4L1. Door shall be steel flush overhead door similar to Door 121 as per ori g inal specification Section 0830, Item B. (:),lete weatherstrip and insulation. Coordinate lift t y pe so operator does not conflict with existin g overhead door No. 121. Provide radio transmitter . and . receiver for operation of this door from the Zamboni Machine. 2. Frame shall be 3" x 3" and 3/8" steel an g le jambs with one le g con- tinued to ceilin g and plate at head similar to frame for existin g Door 121. 3. Provide two 6" steel pipe bumper posts on Zamboni side similar to posts at Door 121. 4. Provide a 1 1/2" x 8" x 3'-0" lon g rubber bumper at each jamb similar to Paulin g Rubber St y le IG-6.' Install vertical be g innin g 4" above floor and in center of block jamb. In7tall with 3M 44314 construc- tion mastic and mechanical fasteners recessed grooves. Attachments am alwhed dnewoltat% out suppem dewf.phoos cc: Bob Lambert Joe Dolejs WILY G1O1rrn /vC/JCS BY: Sincerely, COMMERCIAL GENERAL CONTRACTORS 2724 FERNBROOK LANE • MINNEAPOLIS, MINNESOTA 55441 TIMMONI 012) 5554545 ilteignpti CONSTRUCTION CO. April 23, 1981 Smiley Glotter 1021 LaSalle Mpls., Mn. 55403 RE: EDEN PRAIRIE COMMUNITY CENTER Dear Pete; \ I am requesting a change order per the relocation of doors 112A and 113A. steel lintel was required 14'-8" long. additional material and labor required. your letter dated 2-6-81 regarding In relocating these two doors, a I am requesting 4268.00 for the If you have any further questions rigarding .the above, please contact me. David Brellenthin DB/r1 , • 4, • • I .1 ; OWNER SGA CONSULTANTS CONTRACTOR FIELD OTHER E. SMILEY &LOTTER ASSOCIATES micHacr; ENCJIIvEET4!. Pi. ANNE -s Ci In:, LASALt E AVENUE 61.. .13: .4'. MiNNEAP(AIS MINNESOTA 4C3 ARCHITECT'S FIELD ORDER (rROECT: Eden Prairie Community Center FIELD ORDER NO A-2 16700 Valley View Road iname, address) ' Eden Prairie, Minnesota DATE February 6, 1981 TO (Contractor) r - Magney Construction Company 2724 Fernbrook Lane Minneapolis, Minnesota 155441 `I ARCHITECTS PROJECT NO: 8002 CONTRACT FOR: General Construction CONTRACT DATE: October 1, 1980 You are hereby directed M execute promptly this Field Order which interprets the Contract Documents or orders minor • changes in the,Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, please submit your itemized proposal to the -Architect immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper • •order, this field Order will in that event be superseded by a Changeorder. Description: 114ea, imee II %MOM descripboa alibi intetprelaion or. chop) • Relocate door openings 112A and 113A to Northwest side of storage rooms so they open into Pool Equipment Room 114. Adjust openings toward center of room as directed to avoid conflict with vertical duct and electrical switches. Solid wall will replace openings 112A and 113A at Southeast side of storage rooms so that storage rooms and team rooms remain the same size. Coordinate with Electrical Field Order E-1. This change is as requested by Owner. Ns MIAs qi..b.4 SOW Se111$011 d‘w cc: Bob Lambert SMILEY GIDIFforl AFISilCIATES Joe Dolejs Weaver Electric 111 0.92 ()WNER: City of Eden Prairie 0'4 14 ', I Please advise at your earliest convenience: Sincerely, ILEY GLOTTER ASSOCIATES Mas Matsumoto, AIA MM:eh Enclosure Imiley/Glotter Assoc isles $011 InSalle Avenue Minneapolis. Minnesota 5540.1 $11/332.1401 AliftMWM Engine/Ins Miannms Interior Designers MX Lindeman. AAA, MR. Nyberg, ALA. • SS."\ May 28, 1981 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Attn: Mr. Robert Lambert Re: Eden Prairie Community Center .18002 Dear Mr. Lambert: Enclosed, please find Magney Construction letter dated April 29, 1981, requesting payment for excavation work they claim as "extra excavation". They make reference to enclosed Twin City Testing report dated 11-13-80 (Magney's letter indicated 11-30-80). In the interim we have met with Magney Construction per- sonnel in attempting to resolve the matter; however, in the light of additional information they put forth, we were not able to do so. Because of the late date of their submittal and the cir- cumstances they say existed at the time, I am requesting a meeting with you on their behalf prior to submitting a change order. If you feel a meeting is not necessary, please so advise and I shall process a change order. If a meeting is in order Pete, Philip Dregger of Twin City Testing, Pandi Cici of Clark Engineering and I will be happy to attend. cc: Dave Brellenthin Philip Dregger Pandi Cici 1243 Sethey/Gletter AserieNoes 1021 l•Seile Avenue 111inneepobs, Ilinneeete 55403 612/332•1401 Aftteereta Engineers Planners Interior D•stgners J.N. Weber, ALA. R.V. Laelemon. Alb. 0.11. Nyberg, AAA, 15:;\ May 28, 1981 Magney Construction Company 2724 Fernbrook Lane Minneapolis, Minnesota 55441 Attn: Mr. Dave Brellenthin Re: Eden Prairie Community Center #8002 Dear Mx. Brellenthin: In reply to your request on our interpretation of the speci- fications relative to the fill under the pool slab, I have the following points to make: Twin City Testing letter of 4-27-81 addressed to you indicates that Dregger "observed soils exposed at 'approximately subgrade elevation over the shallow end of the swimming pool. The exposed soils were predomi- nantly relatively clean sands (SP-SM) with some pockets of silty sand (SM)': Our specifications state under Item 3.1d - "---does not terminate in sand, subcut a minimum of one foot for a clean sand cushion." I would interpret the "sand" specified in our specs to be clean sand without a mix of silty or other types of sand. Therefore, it seems that Philip Dregger is accepting the "predominantly relatively clean sands (SP-SM)" on the site if you place 6" minimum of clean sand ,(SP - less than 5% passing the 4200 sieve) over the existing clean sand. The specs go on to say under Item 3.5 that the "upper 6" of fill placed immerliately beneath the floor slab shall consist of a clean, . ree draining sand as approved by Laboratory Inspecto Mas Matsumoto, AIA SMILEY GLOTTER.ASSOCIATES Magney Construction Company Page 2 May 28, 1981 It is clear to me that the intent of the specifications is clear in that the Laboratory inspector is engaged for the purpose of avoiding questionable conditions to exist - using his best judgement and professional knowledge. There- fore, I would expect that you will furnish and install the ‘6" of clean sand recommended by Mr. Dregger and at no change in contract price. If you have any questions, please call. Sincerely, MM: eh cc: Bob Lambert Philip Dregger Clark Engineering Pete Curley B• 31. vt2 CONSTRUCTION CO. 7900 BEECH STREET N .E. • MINNEAPOLIS, MINNESOTA 55432 • TELEPHONE 786-9800 Hawley Construction Company • 2724 N. PernbroOk Lane Plymouth, Minnesota 55441 if 17 •,A /. C ce,440"" kicIAL AND •Nuusi FRAL LECAVATING • ROAD aulLOING • PILE DRIVING • SEWER, WATER INsTALLATION IN BRIDGES • GOLF COURSES • SUB DIVISION AND LAND DEVELOPMENT • EQUIPMENT RENTAL • ENGINEERING AND DESIGN ESTABLISHED 1916 No/ember 17, 1980 INVOICE No. -14884 • DUPUCATENVOICE Lmwkino".., Eden Prairie Community center (32.80) Kind 44 malt Soil corrections/ Exto, Quantity Unit Unit Pnca Amount Sub-cut excavat Sub-cut retill c•y. 679 c.y. 3 80 2.580'20 6,2341 20 tero C.ENERAL CONTRACTORS 2724 FERNBROOK LANE. MINNEAPOLIS, MINNESOTA 55441 16121 211.5265 ire:Le itse er.c .e itpu CONSTRUCTION elf April 29, 1981 Smiley Glotter & Assoc. 1021 Lasalle Mpls., Mn. 55403 .tte: Eden Prairie Community Center Dear Pete,' , This letter concerns the extra sub-cutting and backfill that was re q u i r e d according to Twin City Testings field ovservations report dated Nov e m b e r 3 0 , 1980. Prior to bid, Soil reports were prepared by Twin City Testing d a t e d May 2, 1980, indicating existing soil conditions at the jobsite. The r e p o r t s -indicated the extent of topsoil, fine alluvium and other base materials.. Specification section 0220 earthwork, sub paragraph 3-2, defined requ i r e d depths of excavations. These required depths coincide with Twin City T e s t i n g s recommendations, which removed the topsoils and fine alluvium materi a l s . W i t h :his being the extent of information on existing soil conditions, th e b a c k f i l l and excavations were figured. The information available did not show any further need to go beyond what was called out for in the specifications. In Twin City Testings field observation report dated November 30, 198 0 i t w a s required to over excavate due to soft silty clay found. The extent o f t h i s m a t e r i a l was deeper than indicated on the previous available reports. With the inf o r m a t i o n available prior to bid, it was impossible to calculate this extra ex c a v a t i o n a n d .fill material. Magney Construction feels this was an unforseen condi t i o n w h i c h should be an extra to the contract. Below is a breakdown of the cos t s i n v o l v e d . Sub-cut excavated and haul off site 522 cy $3,654.00 sub-cut refill 679 cy 2,580.00 subtotal 46,234.00 Profit and overhead 157. 935.00 Total • If there are any further questions regarding above please contact me . Sincerely, / Dave Brellenthin DB/mn COMMERCIAL INDUSTRIAL Pson. MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM:. Bob Lambert, Director of Community Services"._- DATE: June 11, 1981 SUBJECT: Tennis Court Bids for Creekwood Park and Middle School The 1979 park bond referendum listed a number of improvements to future and existing park sites. Two of the improvements proposed in that referendum were two tennis courts at Creekwood and two tennis courts at Central Middle School. Staff had estimated tennis courts to cost approximately $10,000 per court. After discussions with school district administration staff regarding tennis courts at Central Middle school, they indicated that a minimum of six tennis courts should be provided at the Central Middle School to make those courts feasible for use for physical education programs due to the number of students per class. Subsequently, the School Board authorized reimbursing the City for the cost of four additional courts to add to the two that were proposed by the City up to a maximum cost of $40,000. On June 11, 1981, at 2:00 p.m. the City received bids from 7 contractors for construction of these facilities. The bids were as follows: CNS Creekwood Total 1. Tennis West ' 2. Warrens Excavating Inc. 3. Barber Construction 4. Black Top Co. S. Bituminous Roadways . 6. Daily & Sons 7. Carlson LaVine Inc. $34,590 38,805 39,770 40,187 40,473 39,525 42,640 $14,572 17,725 18,211 17,994.25 17,810 18,813 18,028 $49,162 56,530 57,981 58,181.25 58,283 58,338 60,668 Staff estimated a cost of approximately $80,000 for construction of these eight courts. Staff recommends the Council accept the low bid of Tennis West in the amount of $49,162. The low bid of $34,590.for the six tennis courts at Central Middle School equals $5,765 per court or a total cost to the school district of $23,060. Cost to the City for two courts at Central Middle School and Two courts at Creekwood is $26,102. TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: June 12, 1981 RE: Final approval M.I.D.B.'s for S & D Properties $350,000 This project was given preliminary approval by the City on March 17, 1981. The final resolution No. 81-121 has not been included in your packet, it has been approved by the City Attorney's office and will be in the Mayor's signature file on Tuesday night. Eden Wen PUU DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of by and between JESCO, INC. a Minnesota corporation, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City for Planned Unit Development Concept approval for approximately 15 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property to construct thereon office and commercial uses. . NOW THEREFORE, in consideration of the City adopting Resolution No. 81-36, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated January 12, 1981 reviewed and approved by the City Council on February 17, 1981 and attached hereto as Exhibit B, 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. , • too . Developer's Agreement-Eden Glen PUD page 2 3. Owner shall not disturb the wooded area located. upon Lot 7, Exhibit B, outlined in green. If the area is disturbed, Owner shall re-establish vegetation as directed by the City Planner. 4. Owner shall not nor permit others to, construct any buildings or parking areas less than 35 feet from US 169-212. 5. Owner shall, concurrent with construction of buildings, or prior to occupancy of said buildings, construct the interior road as depicted On Exhibit B in accordance with the City Engineer's recommendation. 6. Owner shall develop the prrperty in conformance with the requirements of the Department of Natural Resources and the Riley-Purgatory Creek Watershed District. 7. No free-standing signs along US 169 shall be permitted. 8. Exterior wood trim shall be limited to no more than 25% of the exterior building wall. 9. Owner shall concurrent with its application for rezoning of the property submit the following for City review and approval: a. Pedestrian system within the right-of-way and along the interior road and Singletree Lane as depicted on Exhibit B. b. Detail landscaping and screening plans . including but not limited to screening of parking areas. IN WITNESS WHEREOF, the parties to this Agreement have •caused these presents to be executed as of the day and year aforesaid. CITY: Wolfgang H. Penzel, Mayor STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) Carl. J. Jullie, City Manner The foregoing instrument was acknowledged before me this day of , 1981 by Wolfgang H. Penzel, the Mayor and CiFT -J. Jullie, the City Manager of the City of Eden Prairie, a municipal corporation o n behalf of the corporation. , ' Notary Public 601 • • 1362 Developer's Agreement-Eden 'Glen PUD page 3 OWNER: JESCO, 4.1 By i STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregiong instrument was acknowledged before me this it, day of , 1981 by NVE1W61.2 the vice Ae45. o f Jsco, Inc., a Minnesota corporation. Notary Public VERA M. SMITH, Notary PubrA, Hennepin County, OM Commissige Expiras Aug. 18, 1911. a LEGAL DESCRIPTION Description for Parcel 1 That part of Lot 19, Auditor's Subdivision No. 335, according to the plat thereof on file and of record in the office of the Cowity Recorder, Henne- pin County, Minnesota, which lies westerly of a line drawn parallel with and distant 40.00 feet westerly of, as measured perpendicular to Line I as described below and that part which lies southerly of a line drawn parallel with and distant 33.00 feet southerly of, as measured perpen- dicular to Line 2 as described below: Line 1: • Beginning at a point on the east and west quarter line of Section 14, Town- ship 116, Range 22 West, distant 2557.59 feet west of the east quarter corner thereof, thence run northeasterly at an angle of 45 degrees, 37 minutes, 00 seconds from said east and west quarter line (measured from east to north) for 603.19 feet; thence deflect to the left on a tangential curve having a radius of 1432.40 feet and a delta angle of 43 degrees, 40 minutes, 45 seconds for 1091.98 feet; thence on a tangent to said curve for 443.56 feet and there terminating. Line 2: Beginning at a point on Line 1 described above, distant 212.20 feet southerly of its point on termination; thence run westerly at an angle of 88 degrees, 46 minutes, 20 seconds from said Line 1 (measured from south to west) for 187.60 feet; thence deflect to the left on a tangential curve having a radius of 477.45 feet and a delta angle of 21 degrees, 00 minutes, 16 seconds, for 175.04 feet; thence on a tangent to said curve for 50 feet and there terminating. Description for Parcel 2 Lot 18, except that part described as follows: the south 1098.54 feet of the southwest quarter of the northeast quarter of Section 14, Township 116, Range 22 lying west of the east 675.00 feet thereof and except that part which runs northerly of a line run parallel with and distant 33 feet southerly of Line 1 described below. Line 1: From a point on the east and west quarter line of said Section 14, distant 2557.59 feet west of the east quarter corner thereof, run northeasterly at an angle of 45 degrees, 57 minutes, 00 seconds, from said east and west quarter line (measured from east to north), for 1177.26 feet; thence de- flect to the left at an angle of 43 degrees, 40 minutes, 45 seconds for 805.43 feet to the point of beginning of Line 1 to be described; thence deflect to the left at an angle of 91 degrees, 13 minutes, 40 seconds for 187.60 feet; thence deflect to the left on a tangential curve having a radius of 477.45 feet and a delta angle of 21 degrees, 00 minutes, 16 seconds for 175.04 feet; thence on tangent'to said curve for 160 feet and there terminating. Auditor's Subdivision Number 335, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Subject to a permanent slope easement over part of above land as shown in Deed Doc. No. 1176170, files of th6 Registrar of Titles. Alon9 with Tract A of Registered Land Survey No. 1449. • EXHIBIT A R03 Wooded Area desig-nated for , Preservation Development Summary Lot# Use 1 fast Food 2 Fast Food 3 Masai Rest. 4 Retail 5 Off ice 6 Office 7 Office ROW TOTAL • Acres S0Ft. 136 4000 1.24 1.56 3.26 1.36 1.34 194 • 136 15_22 Parking 63 69 84 164 65 56 175 4.000 6.000 33.000 13.000 13,000 40.000 113.000 676 A Planaa trtv:g2 Eden Prairie,Minnesora A\ o sa ' 251:t n4s,"..4n4••••"14.44.1".."" Figures FtwardMigenAssooiates Consulting Planners Minneapolis Minnesota January 12, 1981 EXHIBITB o' 1/80 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"=100' scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminry alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. Owner shall submit detailed construction and storm sewer plans to the Riley-Purgatory Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $1,400 per acre. The amount to be paid by. Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title. of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. Page 2 of 5 Exhibit C 1 I OU V. A. All sanitary sewer, watermain and storm sewer f4cil1ties, 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, Owner warrants and guarantees the improve-. ments against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be deliver- ed to the City Engineer within 60 days of completion thereof to- gether with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and specifications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall; Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an .amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer, and re- ceipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other' provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B, In lieu of the obligation imposed by subparagraph V.A. above, Owner may submit a 100% petition signed by all owners of the property, re- questing the City to install the improvements. Upon approval by the -- City Council, the City may cause said improvements to be made and special assessments for4all costs for said improvements will be levied on the property, except any property which is or shall be ded- page 3 of 5 Exhibit C icated to the public, over a five year period. Prior to the award of any contract by the City for the constructioa of any improve- ments, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grad- ing work shall be secured by a bond or letter of credit which shall guarantee completion, and'payment for all labor and materials ex- pended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as May be required by the City Engineer. C. Prior to release of final plat, Owner shall pay to City fees for first 3 year street lighting (public streets) engineering re- view and Street Signs. VI. A. Owner shall remove all soil, and debris from, and clean, all streets within, the property at least every two months. (or within one week from the date of any request by City), during the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvements therein are accepted for ownership and maintenance by City. Prier to City accepting streets and improvements, Owner shall have restored all boulevards according to the obligations contained within paragraph VI B. 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 le 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 maintenadce by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of 6 feet on either side of the center of the swale. C. The bond or letter of credit provided in paragraph V A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI. V11. 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. 1r Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with item VII. hereof, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. VIII. 8/21/80 Page 4 of 5 Exhibit C • IX. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. X. Owner represents and warrants ,it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: XI. In the event there are or wilibe constructed on the property, 2 or. more streets, and if permanent street signs have not been installed, Owner 'shall install temporary street signs in accordance with recommendations of the City Building Department, prior to the issuance of any permit to build upon the property. • XII. All improvements including grading, seeding, planting, landscaping, equiping, and constructing of any structure to or upon any of the property or other lands to be conveyed or dedicated to the City or for which an easement is to be given to the City for park or other recre- ational purposes, shall be completed by Owner & acceptable to the Director of Community Services and shall be free and clear of any lien, claim, change, or encumbrance, including any for work, labor, or ser- vices rendered in connection therewith or material or equipment sup- plied therefore on or before the later of, 2 years from the date hereof or , 19 . Upon comments against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period the warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in materials or workmanships shall be determined by the Director of Community Services. Acceptance of improvements by the Director of. Community Services may be subject to such conditions as he may impose at the time of acceptance.. Owner, through.his engineer, shall-provide for competent daily inspection during the construction of all improve- ments. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: - Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions., and In accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and the extension of the period to three (3) 'ears in the event of any defect during said 2 year period, and acceptance of the improvements by the Dir- ector of Community Services shall be 125% of the estim- ated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost .. of the improvements after acceptance thereof by the Dir- ector of Comnunity Services. The bond or letter of credit shall be in such form and contain such other provisions and terms 4s may be required by the Director of Community Services. The Owner's registered engineer shall make and submit for apProval to the Director of Community Ser- vices a written estimate of the costs of the improvements. . Page 5 of 5 Exhibit C • XIII. Owner acknowledges that the rights of City to performance of obligations of owner contemplated in this agreement are special, unique and of an extraordinary character; and that in the event that owner violates or fails or refuses to perform any covenant, condition or provision made by him herein, City may be without an adequate remedy at law. -Owner agrees, therefore, that in the event he violates, fails or refuses to perform any covenant, condition or provision made herein, City may, at its option, Institute and prosecute an. action to specifically enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be Cumulative and shall be in addition to ever, other remedy. The election of any one or more remedies shall not constitute a wiiver of any other remedy. 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. IV. 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 Commtinication Ordinance (80-33) of the development contemplated by this Developer's 'Agreement. Notice shall be sent to Minnesota Cablesystems Southwest c/o POpham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center, Minneapolis, Minnesota 55402. June 16, 1981 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 6614 6655 6789_ 6800 45815 6841 6842 6843 6844 6845 .6846 6847 :.6848 6849 6850 6851. 68, 6853 6854 6855 6856 6857 6858 6859 6860 6861 6862 6863 6864 6865 6866 6867 6868 6869 6870 6871 6872 6873 6874 6875 68 6878 6879 6880 6881 $ 44,255.7: 1,500.0 11,133.C. 187.0: VOID 'OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK -VOID OUT CHECK VOID OUT CHECK GRIGGS, COOPER & CO., INC. JOHNSON BROTHERS WHOLESALE MIDWEST WINE CO. OLD PEORIA COMPANY, INC. ED PHILLIPS & SONS CO. PRAIRIE VILLAGE MALL ASSOCIATES WASHINGTON NAT'L NEWS REPORTS SCOTT R. ANDERSON BARBAROSSA & SONS, INC. INTERNAL REVENUE SERVICE FEDERAL RESERVE BANK COMMISSIONER OF REVENUE DEPARTMENT OF EMPLOYEE RELATIONS AETNA LIFE INSURANCE & ANNUITY UNITED WAY OF MINNEAPOLIS INTERNATIONAL UNION OF OPERATING PERA RALPH PEREZ PATRICK PEREZ VOID OUT CHECK WALTER D. JOHNSON LEAGUE OF MINNESOTA CITIES LEAGUE OF MINNESOTA HUMAN RIGHTS EDEN PRAIRIE LIONS CLUB NIKEBILT, INC. SUPPLEE'S 7-HI ENTERPRISES DEBRA LYNDGAL MENARDS MINNESOTA CASH REGISTER HOPKINS POSTMASTER PHYSICIANS HEALTH PLAN MENARDS BLUE CROSS INSURANCE HMO SERVICES HMO SERVICES GROUP HEALTH PLAN, INC. WESTERN LIFE INSURANCE CO. DEPARTMENT OF NATURAL RESOURCES TOMAHAWK LIVE TRAP CO. HOLIDALE Liquor Liquor Wine Liquor Wine Rent-Liquor Store #1 Subscription-Police Dept. Refund-Engineering Dept. Service-Water Treatment Plant Fee-Liquor Store Payroll Payroll Payroll Payroll Payroll Payroll Payroll Softball official •Softball official Fee-Senior Citizen Center Conference-Council Member Conference-Human Rights -Refund-Park deposit Service-Liquor Store #2 Rent-Liquor Store #2 Round Lake Change Fund Carpeting-Park Dept. Cash Registers-Liquor Store 12 Postage Insurance Supplies-Park Dept. Insurance Insurance Insurance Insurance Insurance Fee-Engineering Dept. Traps-Animal Warden Program Car rental-Rec Dept. 810 792.20 1,098.4: 400.61 573.52 1,485.45 2,057.5: 57.00 1,500.07 44,255.7: 108.07 16,115.77 24,938.0: 165.00 52.90 312.07 10,793.2 - 99.0C 88.00 162.50 80.0? 50.Q6 100.07: 8,561.0' 2,371.27 25.0( 380.8: 8,906.4 - 205.0 ' 7,139.7: 481.K 1,612.5, 624.1t 1,340.9 454.91 . 40.0: , 43.3. 1 638.0: 1 -Paw two ,6, 1981 7.• .6882 6883 6884 6885 6886 6887 6888 6889 6890- 6891 -1892 6893 6894 6895 6896 6897 6898 6899 -6900 6901 - 6902 69117 69W 6905 6906 6907 6908 6909 6910 6911 6912 6913 6914 6915 1916 6917 6918 6919 6920 6921 6922 6923 6924 6925 6926 694r 6 6929 SUBURBAN NATIONAL BANK TWIN CITY WINE CO. INTERCONTINENTAL PACKAGING CO. ED. PHILLIPS & SONS CO. JOHNSON WINE CO. GRIGGS, COOPER & CO., INC. M. PUTTERMAN CO. ACRO-MINNESOTA INC. ACTION REDDY RENTS ALBINSON ALL STEEL SOCCER GOALS, INC. AMERICAN NATIONAL BANK & TRUST EARL F. ANDERSEN & ASSOCIATES ASSOCIATED ASPHALT, INC. ASSOCIATION OF METROPOLITAN ASTLEFORD EQUIPMENT CO., INC. AUTO MACHINE & SUPPLY CO. BASIN STEEL, INC. BRW • NANO BERNDT BEST & FLANAGAN BLACK & VEATCH ISAAC R. BLAKEY BLOOMINGTON LOCKSMITH COMPANY RAE BLY ANDY BOYCE BRAUN ENGINEERING TESTING BROWN PHOTO BRYAN AGGREGATES, INC. KYLE BRYNTESON BUTCH'S BAR SUPPLY STEPHEN CALHOON CASE POWER & EQUIPMENT CHANHASSEN AUTO PARTS CHAPIN PUBLISHING COMPANY CHEMSCAPE C & N.W. TRANS. CO . CITY OF EDINA CLUTCH & TRANSMISSION SERVICE COPY EQUIPMENT INC. CREATIVE SIGNS CURLE PRINTING COMPANY, INC. CURTIN MATHESON SCIENTIFIC, INC. LINDA CVETNIC DALCO WARD F. DAHLBERG JOAN DARTT DISPLAY FIXTURES COMPANY 6930 DON'S SOD SERVICE 6931 DORHOLT PRINTING STATIONERY 6932 DRISKILL'S SUPER VALU Cash-Liquor Store #2 Wine Hine Liquor Wine Liquor Windscreen-Round Lake Tennis Courts Office supplies Equipment rental .Supplies-Engineering Dept. Soccer goals-Park Dept. Bond Payment Street Signs Blacktop Dues Equipment parts Equipment parts Road oil Service:Smetana Lake Refund-Rec Dept. Title searches-Engineering Dept. Service-Water Treatment Plant Softball official Keys-Liquor Store #2 Mileage Refund-Rec Dept. Service-Luther Way Film Rock Refund-Rec Dept. Supplies-Liquor Store Mileage Hose-Park Dept. Equipment repair & parts Legal Ads Service Equipment rental Tests Equipment repair & parts Supplies-Engineering Dept. Equipment repair 289.0 Business cards 36.0 Flexible curve-Water Dept. Volleyball supervisor Vacuum-Liquor Store #2, Cleaning supplies-Water 575.2 Expenses 56.5. Refund-Rec Dept. 5.0 Price tags, cooler, shelves, display doors & 34,778. heaters, Ice Cuber, Sod-Bikeway Trail 570.00 795.7: 833.9 2,408.4: 422.9 - 1,040.5 - 1,929.0_ 156.1. 32.0' 118.0: 1,275.0 80,705.0' 3,342.6 527.6 1,126.C. 72.30 935.0: 430.9: 24.0: 180.0: 9,246.2- 66.0, 854.7 112.5' 5.00 707.5= 46.0 88.7. 485.9 608.9•' 59.0 50.0 69.0 : 135.3 390.0 . 4,942.c Office supplies 417.c Refund-Food Handlers License 120.L III Page three Jun( 6, 1981 Refund-Rec Dept. Service Service Printing-Chamber of Commerce folders Block, Alum. Step-Drainage Dept. Ear plugs, first aid kit-Park Dept. Refund-Rtc Dept. Expenses Service T-Shirts-Rec Dept. Alolyphosphate-Water Dept. Supplies-Fire Dept. Tires Supplies-Forestry Dept. Audit Expenses Lumber-Street Dept. Equipment Black Dirt Service Equipment parts-City Hall Book-Community Service Refund-Rec Dept. Refund-Rec Dept. Refund-Food Handlers license .Board of Prisoners Ribbons-Rec Dept. -Maintenance agreement-Water Dept. Alarm system-Liquor Store #2 Equipment repair & parts -Equipment repair & parts Insurance Refund-Rec Dept. Expenses Hose clamps-Water Dept. Haul rock-Park Dept. Book-Public Works Equipment rental-Park Dept. Expenses Service-Liquor Store #2 Service-Eden Prairie Park Shelter Paint, rollers, brush, gloves, concrete-Sewer Dept., Rope, keys, screwdriver, wrench, wire, 'bolts & nuts, pipe-Water Dept., hose, sprinklers- Public Works, chain, washers, caulk, trash bags, grease, hook, staples, clamps-Park Dept., tarp, rope, tape-Forestry Dept., hammer, shovel, pick & handle-Engineering Dept. Supplies-Adaptive Recreation Refund-Rec Dept. Refund-Rec Dept. Socket set, tow chain Ib19-- • 6933 RYAN DUNBAR 6934 MIKE'S EDEN PRAIRIE FLORAL 6935 EDEN PRAIRIE SANITATION CO. 6936 EDEN PRAIRIE SCHOOL DISTRICT #272 6937 ELK RIVER CONCRETE PRODUCTS 6938 ELVIN SAFETY SUPPLY, INC. 6939 JAN ENDORF 6940 CHRIS ENGER 16941 FBS MORTGAGE CORPORATION 6942 FABRI-GRAPHICS 4943 FEED-RITE CONTROLS INC. 6944 FIRE INSTRUCTORS ASSN. 6945 FIRESTONE STORES 6946 FORESTRY SUPPLIERS, INC. 6947 FOX, MCCUE & MURPHY 6948- JOHN FRANE 6949 FRONTIER LUMBER & HARDWARE .6950 GENERAL COMMUNICATIONS, INC. 6951 DALE GREEN CO. 6952 GROSS INDUSTRIAL SERVICES 6953 GUNNAR ELECTRIC COMPANY INC. 6951 HARCOURT BRACE JOVANOVICH 6951- AMY HARTFORD 6956 MATT HEDBERG 6957 HENNEPIN COUNTY-ENVIRONMENTAL 6958 HENNEPIN COUNTY -6959 HODGES BADGE COMPANY, INC. 6960 HONEYWELL INC. 6961 HONEYWELL PROTECTION 6962 HOPKINS DODGE SALES, INC. 6963 HOPKINS PARTS CO. 6964 HORIZON AGENCY, INC. 6965 DAWN HOWARD 5966 DONNA HYATT 6967 IMPERIAL, INC. 6968 INGRAM EXCAVATING 6969 INTERNATIONAL CITY MANAGEMENT 6970 INTERNATIONAL HARVESTER CO. 6971 ROSEMARY JOHNSON 6972 WALTER JOHNSON + ASSOCIATES 6973 JORDAHL CONST. CO . 6974 KARULF HARDWARE INC. 6975 NANCY KODADEK 6976 KIM KOMULA 6977 BENJAMIN KOWING 6978 KRAEMER'S HOME CENTER 2.50 77.6 60.5: 128.37 158.1i• 145.8: 8.0: 150.0: 5.0c ' 133.0: -1,541.6: 30.0: 541.C: 180.12 6,000.0 174.10 64.20 2,833.1: 187.40 53.09 157.47 20.4E 14.00 2.50 175.00 84.02 62.52 1,209.0 - 1,144.0 389.0' 347.9. 3,800.C' ' 25.02 3.5E 29.17 6,008.5. 24.2r 1,800.C' 140.5 150.0 . 6,730.c 801.c 143.9", • 13.0 5.0 92.0i ,6979 6980 -6981 6982 6983 6984 6985 6986:- 6987' .6988" 69897 6990 -,1 =6991,_ 6992 6993: 6995: 6996: 6997: 6998 -699 7 700 7002: 7003: 7004 1605 7006 7007 7008 7009 7010 7011 7012 7013. 7014 7015 7016 7017 7018 M.E. LANE, INC. LANG, PAULY & GREGERSON, LTD. LEEF BROTHERS, INC. LIQUOR STORE SUPPLY CO. LONG LAKE FORD TRACTOR LOGIS LUND PAINT & DECORATING CENTER MACQUEEN EQUIPMENT INC. MEDICAL OXYGEN & EQUIP. METRO FONE COMMUNICATIONS, INC. . MIDWEST ASPHALT CORPORATION MINNESOTA GAS COMPANY MINNESOTA RECREATION & PARKS ASSN. MINNESOTA TORO INC. TED MORIMOTO WAYNE MUTTERER NSP NORTHERN STATES POWER CO. NORTHWESTERN BELL TELEPHONE NORTHWESTERN NATIONAL BANK OF MPLS NORTHWOOD GAS CO., INC. KAREN O'TOOLE OFFICE ELECTRONICS, INC. OLSEN CHAIN & CABLE W.G. PEARSON, INC. PETTY CASH-PUBLIC SAFETY POMMER MFG. CO . PRAIRIE ELECTRIC COMPANY, INC, PRAIRIE LAWN & GARDEN - PROPANE CAR. & TURBO SERVICE, INC. QUALITY WOOD PRODUCTS RAINBOW MECHANICAL INC. RAPID COPY INCORPORATED DAVID RAQUET RAVEN INDUSTRIES, INC. REGISTER MEDIA, INC. RICHFIELD PLUMBING CO. RIDGE DOOR SALES COMPANY PAUL ROGERS RCM Pagi- 'our ,Junt t6, 1981 , - : L 74,00 , 44.3 1 " 28.21 83.1E 3; 90.0C 108.7E 110.0C 25.00 1,147.9: 2,966.65 282,397.5: 144.6: 1 620.0: 53.1: 2.00 20.4: - 1 4.5C 106.5 - : ' 42.1; ' 45.0 - 33,740.0_ 7019 JAMES A. RUCKHEIM 7020 ST. REGIS PAPER COMPANY 7021 SATELLITE INDUSTRIES, INC. 7022 KATHY SCHUMACHER RN Insurance 2,446.0C Legal Service 8,789.8 Service 163.0 Supplies-Liquor Store .Belt-Street Dept. May 1981 Service 1,993.5 Carpeting-Liquor Store #2 2,692.6' Equipment parts . 329.2r Oxygen-Fire Dept. Service Blacktop 2,902. Service 77.55 Fee-Rec Dept. Equipment parts-Park Dept. Softball official Refund-Impound fee Service Service. 3.27 Service . Bond Payment ,Gas cylinder 33.50 Refund-Rec Dept. 24.0, CRT paper-Police Dept. Cable-Park Dept. Sand Postage Trophies-Rec Dept. I14.7S Supplies-Park Dept. 137.0: Rope, gasket-Park Dept. Equipment repairs 15.00 Stakes-Park Dept. 42.5C Service-Eden Prairie Community Center 37,530.0 Liquor ID cards 33.0 Brake plier 29.8 Book-Rec Dept. Ads-Liquor Store Plumbing-Liquor Store #2 2,700.0 Equipment repair & parts Plowing Round Lake Service-Eden Prairie Lake Trail Estates, High Trails Sewer & Water, Franlo Road & Preserve Blvd. Utilities, Schooner Blvd., Valley View Road, 70th Street Improvements, Cardinal Creek Estates, .Norseman Industrial Park 4th Addition, Meadow Park, Cardinal Creek Phase II, Rymarland Camp 2nd AdWn, lake Idlewild Drainage Improvement, Sunset Trails Estates Utilities, Valley Place Offices Improvements, Industrial Road Utilities Fee-Water Dept. 15.01 Posts-Park Dept. Portable restrooms 1.824.1 , Tests 50.0-; 2 1 3 Pagf -five .Jun g .6, 1981 7023 VIRGIL A. SEIFERT 7024 VIRGIL A. SEIFERT & LAURA MAE Seifert 7025 RICK SITEK 7026 SMILEY BLOTTER ASSOCIATES 7027 W. GORDON SMITH CO. 7028 SOUTHWEST SUBURBAN ADVERTISER 7029 SOUTHWEST SUBURBAN PUBLISHING 7030 SPORTS WORLD 7031 STANDARD SPRING COMPANY 7032 JAMES STODOLA 7033 DON STREICHER GUNS, INC. 7034 SUBURBAN CHEVROLET CO. 7035 SUBURBAN ENGINEERING INC. 7036 STEPHEN SULLIVAN 7037 SUPPLEE ENTERPRISES, INC. 7038 TRW CUSTOMER SERVICE DIV. 7039 TACO'S PLUS 7040 TARGET ' 7041 TELE-TERMINALS 7042 CARRIE TIETZ 7g11 TOWNS EDGE FORD, INC. 7 TYPE HOUSE+DURAGRAPH 7045 KELLI UELAND 7046 UNITED PARCEL SERVICE 7047 KATHY UPTON 7048 VALLEY EQUIPMENT CO. 7049 VIKING STEEL PRODUCTS, INC. 7050 WALDOR PUMP & EQUIPMENT CO. 7051 WATER PRODUCTS COMPANY 7052 WEAVER ELECTRIC CO., INC. 7053 ROSE WEKSETH 7054 KATIE WILEY 7055 XEROX CORPORATION 7056 MATTHEW ZARNS 7057 ZECO COMPANY, INC. 7058 EDEN PRAIRIE SCHOOL DISTRICT 7059 SHERIFF'S DEPARTMENT 7060 INTERNATIONAL THOMSON EDUCATION 7061 JODY BEAULIEU 7062 JON METZGER 7063 BRIAN NETZ 7064 TYLER SCHERFFIUS 7065 PAUL SPENCER 7066 CITY CLUB DISTRIBUTING CO 70W 701. COCA-COLA BOTTLING MIDWEST EAST SIDE BEVERAGE CO. • 7069 GOLD MEDAL BEVERAGE CO. 7070 INFORMATION PUBLISHERS INC. 7071 BEER WHOLESALERS. INC. 7072 CAPITOL CITY DISTRIBUTING CO. 7073 DAY DISTRIBUTING CO. Hay-Street Dept. Red Rock Park Land Golf Instructor Service-Eden Prairie Community Center Oil & Lubricants Employment ads Legal ads Supplies-Rec Dept. .Equipment parts Refund-Rec Dept. Shotguns-Police Dept. Equipment repair & parts Service-Calvin Anderson Property Mileage Supplies-Liquor Store #2 Service Refund-Food Handlers license Supplies-Rec Dept. Ribbons-Police Dept. Service-Park Dept. Equipment parts Supplies-Community Services Refund-Rec Dept. Postage Expenses Tube-Street Dept. Culvert-Street Dept. Equipment repair & parts-Sewer Dept. Valve box-Water Dept. Service-Eden Prairie Community Center Refund-Rec Dept. Refund-Rec Dept. Service Refund-Rec Dept. Cement mixer-Street Dept. Tables-Fire Dept. Service Books-Community Services Refund-Rec Dept. Refund-Rec Dept. Refund-Rec Dept. Refund-Rec Dept: Refund-Rec Dept. Beer Beer Beer. Mixes Eden Prairie Phone Directories Beer Beer Beer 8.50 53,000.0 - 1,125.C - 3,434.1 1 70.6: 22.4C 41.4. 150.7C 20.00 745.31 133.20 390.0 5.0L 71.1E 91.01: 116.6: 22.8E 51.30 61.7E 28.9: 16.5: 8.50 27.6: 7.91 164.7: 187.1E 35.0: 14,332.E 24.0 10.0 280.5' 5.0r 1,430.0 429.2 203.0 79.4 - 26.0 16.0 34.0 5.0 8.0 3,841.7 253.E 6,732.1- 108.2 50.0 • 5,350., 141.0 3,083.9 Page six June 16 4 1981 7074 A.J. OGLE CO., INC. 7075 PEPSI/7UP BOTTLING CO. 7076 THORPE DISTRIBUTING 7077 A & K CONSTRUCTION, INC. 7018V BARBAROSSA & SONS, INC. 7079 BROWN & CRIS 7080 -- HENNEN CONSTRUCTION CO. 7081 KENKO, INC. -7082 NODLAND ASSOCIATES, INC. 7083 PROGRESSIVE CONTRACTORS, INC. 7084 DON BERNE 7085 REYNOLD C. BORGMAN 7086 STATE OF MINNESOTA 7087 BRW 7088 EUGENE A. DIETZ Beer -Mixes Beer Service-Water Supply Wells 4, 5, & 6 Service-Water Treatment Plant Service-Dell Road Service-Valley View Road Service-Sanitary Sewer Water Main Storm 'Service-Industrial Drive Utilities Service-Valley View Road Phase II .Service-Park Dept. Expenses Fee-Water Dept. Service-Schooner Blvd., Dell Road, AndertOn lakes Parkway at TH 169 Signals, Expenses 1,085.1E 348.7E 6,671.5: 43,277.2 664386.0:- 27,648.-9 - 78,772.07 9002343_ 4 4 879,4-T 222407.4.,. 149. C 15. DC 3,452.8 -E 77.00 'TOTAL $1,309,89,0. ' *IP MEMORANDUM Mr. Tim Pierce, Chairman of the. Development Commission, will be present Tuesday evening to present a preliminary report regarding the projected cost of single family housing in Eden Prairie. The attached schedule of estimated development costs has been prepared by the City staff and shows the average lot cost to be about $26,000. At this time the Development Commission has not prepared any formal recommendation. Mr. Pierce will welcome any input and direction from the Council to assist the Development Commission in forming its final recommendation. CJJ:jp TO: Mayor and City Council FROM: City Manager Carl J. Jullie SUBJECT: Preliminary Report from the Development Commission DATE: June 12, 1981 DEVELOPMENT AND HOUSING STATUS — June, 1981 The report to the City Council dated 4-13-78 and entitled "Associated Land and Development Costs" has provided the basis for evaluating the effects of recent inflationary pressures on the development of land and the construction of housing in Eden Prairie. A close analysis of the current data indicates that the nation in general and Eden Prairie in particular are entering an extremely critical period of time when demand for housing is on the increase and the supply is be- coming less affordable. The increase in family income is not keeping pace with the increase in the cost of housing. In the past decade incomes have doubled and the cost of owning a home has quad- rupled. The cost of heating a home has likewise risen 400%. The median family income in Eden Prairie during 1980 was $23,600. At today's rates this income would allow a family to purchase a $62,000 home and carry a $49,000 mortgage, that is if the family had a $13,000 down payment. According to recent Multiple Listing Service data the present median sales price of a home in Eden Prairie is $103,000. Today a family buying this home, with a 20% down payment of $20,600 would need a $60,000 annual income. This means that the median priced home in Eden Prairie has risen at a compounded rate of 18% over the last 3 years compared with 14.6% for the general metropolitan area. Holding this present rate of increase constant the following will be the median cost of housing in Eden Prairie for the next 5 years. Year Average Cost 1982 $121,500 1983 • 143,500 1984 169,200 1985 199,700 1986 235,600 With interest rates presently averaging 16% and unlikely to be substantially reduced over an extended period of time, affordable housing, as we have known it, will be passing out of the American dream. If income requirements follow the expected path of housing costs a look at income requirements to purchase the median priced home in Eden Prairie would resemble the following figures (assuming 20% down payment). Year Average Cost PITT Income 1982 $121,500 $1,3 91 $ 67,000 1983 143,500 1,741 84,000 1984 169,200 2,005 97,000 1985 199,700 2,372 114,000 1986 235,600 2,750 132,000 The average price of a lot in Eden Prairie in the past 3 years has risen from $16,000 to $26,000. There is presently market pressure to reduce inventory and as a result lot prices have stabilized. But at today's cost of financing improved lots, which varies between 20 and 25%, the price of homesites will likely follow or exceed the percentage indrease in housing. If lot price increases average 18% per year the following will be expected lot prices in Eden Prairie for the next 5 years. I ii Year 1982 1983 1984 1985 1986 Lot Price $30,680 36,200 42,750 50,400 59,480 Taxes on lot inventory improved in 1978 and unsold in 1981 have quadrupled from $200 to $800. At this rate taxes alone will add nearly $10,000 to the price of an unsold lot over a 5 year period of time. If the cost of taxes and money is not reduced we are more likely to seethe average lot in Eden Prairie range between $70,000 and $80,000 by 1986. The most urgent message coming from the marketplace today is that poplels expectations must be reduced to conform to present day realities. Size must be made smaller, extras eliminated, amenities reduced and diversity expanded. Estimates for the 1980's indicate that 80% of the dwelling units will be built for 1 and 2 person households. Already in 1977 family composition in this country Showed that only 13% of households conformed to the traditional image of working ' husband, housewife mother and children under 18 years of age. Today 60% of all households have no children under 18. Housing in the 80's will not receive the attention from the federal government that it enjoyed in the 70 1 s. As a result, capital markets, as presently structured, .will not be able to accommodate the demand as household formations expand faster than the population. Iticorcl; to* TIME magazine (Dee. 14, 1970 Edifier- n): U.S. Government figures indicate a current annual rate of inflation of 7.2%1 I USING AN ANTlaPATED FIGURE OF ONLY 6% AS THE ANNUAL RATE OF INFLATION THE FOLLOWING FIGURES WERE COMPILED BY THE UNITED STATES SAVINGS AND LOAN LEAGUE (Thit Official National Association'd Savings and Loan Institutions): NI 0:123 TO MANTA* WS CL=IT STL:3=1 OF LIM A MAT MOST ...swill'. HOLII IN 1975 IN 1910 IN 1985 IN 1990 IN 1995 IN 3000 Mai WAS RI LOT II un nu IAA TV UM MU KM TO DIM BRIM TO un Val RUI 11 UM WI IIATE HI tin $ 8,960 $13,302' $17,908 $23,965 $32,071 ,$43,918 $57,435 BUT THAT'S NOT ALL LOOK AT SOME OF THE PROJECTED PRICES OF SEVERAL ESSENTIAL ITEMS ITEMS BASED ON THE SAME INFLATIONARY SCALE! !M 1975 1900 1905 1990 1995 2000 - :„. 4.00 $ 5.35 7.16 $ 9.58 12.82 $ 17.16 Moil 26.76 35.82 47.93 64.14 85.84 114.87 611:,11I• 167.29 223.88 299.60 400.93 536.54 718.00 WI • • 669.11 895.42 1,198.27 603.56 2,145.92 2,871.72 111•Tiroll • 4,014.66 5,372.52 7,189.62 9,621.36 12,875.52 17,230.35 . 111.11 34,258.00 45,846.00 61,351.00 82,102.00 109,871.00 147,032.00 MOM TKIIT onartIES caws SUIT cotta T.V. MITOMOZRE I THIS MEANS THAT IN THE YEAR 2000 ACCORDING TO THIS SAME INFLATIONARY SCALE TODAY'S DOLLAR WILL BE WORTH ONLY 1S4c .."71-711111FMINIMIEIrt?"="7"....: • (1 • 20 150 170 PLANNING: POD Zoning Plat, preliminary E.A.W. Deposit Consultant fees $200 Lump Sum $200 $25+$1/lot or acre $200 Lump Sum $200 average $7,500 (50 lots) CITY OF EDEN PRAIRIE • ESTIMATED DEVELOPMENT COSTS' June '61 Rate Cost Per Lot($) COMMUNITY SERVICES: Cash Park Fee $325 single family 325 $250 multiple $1.400/acre other Totlot (if 50 units or more) Totlot structure Site work and plantings Landscaping bond (2 yr.) Sidewalks 5 Trails $10,000 $10,000 $ 5,000 $18/$1,000-500,000 500 100 925 Estimii Development Costs Page Two Cost Per Lot ($) Rate ENGINEERING: Final plat review (min. $100) Street signs Lighting Bonding $30/lot, or $20/acre $120/sign $322/light 30 20 40 120 210 BUILDING INSPECTION: Permit fee $50,000-100,000 $100,001 Sewer hookup residential industrial commercial $283 first 50,000 + $3/$1,000 after . $433 first 100,000+ $2.50/$1,000 after $200 .03061/sq. ft. ($400 dinimum) .04591/sq. ft. ( 440 200 Water hookup residential $200 200 industrial .03061/sq. ft. ($400 minimum) commercial .04591/sq. ft. ( S.A.C. charge single family or multiple $425 425 other-determined by MWCC $425 minimum Plan Check 50% of permit fee 220 65% of permit fee State Surcharge .50/$1,000 50 1,535 Rate Oal. $8,000-16,000 depending on topography, soil conditions & lot size Page Three Cost Per Lot ($) 12,000 Estima*Development Costs GRADING, UTILITIES & STREETS: PROPERTY TAXES: $720/lot/yr (assuming 2 yrs. holding) 1,440 LAND COST: $8,000/acre 4,000 OTHER COSTS: Sales Commissions 1,750 Interest Charges ($20,000 @16% 3,200 for 2 years) Final Plat & Recording Fees 200 Profit 500 5,650 TOTAL 25,910 TO: FROM: THROUGH: DATE: SUBJECT: Mayor and City Council Chris Enger, Director of Planning Carl Jullie, City Manager June 11: 1981 Slope Committee and Planning Commission I. Recommendations In J'anuary, 1981, the Council instructed the City Attorney to draft a Slope Ordinance. Subsequent to that, the Council formulated a Slope Committee (Bentley, Bearmen, Sutliff, Kingrey, Anderson). The Committee has met several times to discuss, suggest, and review in- formation compiled by staff. The memo attached (May 27, 1981) is a summary of the recommended actions to the Commissions and the City Council, from the Slope Committee. The Park and Recreation and Natural Resources Commission considered these recommendations on June 1, 1981. Their comments are summarized in a memo from Mr. Lambert. The Planning Commission reviewed the suggestions on June 8, and recommended approval with one addition. The members felt that the same philsophical approach as was suggested for the Bluffs protection could be utilized for other significant slopes in the Community. After your review, the staff would suggest that the Council direct the City Attorney to draft the necessary implementing amendments to ordinances •93 and W135. CE:ss 1323 MEMO TO: FROM: DATE: REGARDING: Slope Committee Chris Enger, Director of Planning May 27, 1981' Recommendations to Planning Commission, Parks and Recreation and Natural Resources Commission, and City Council The Gtaff would recommend the ComMittee report to the Commissions and Council the following suggestions: 1. Protection of significant natural slopes such as the Minnesota River Bluffs; and 2. Review of, protection, and sensitive modification of slopes in general throughout the community as part of the development of the community. The Conmdttee finds that slopes fall within two categories: A) Bluffs Protection - Suggestions: 1. Increase the minimum lot size in our Rural zone from 5 acres to 10 acres. This will not only reduce the number of potential building parcels, but will decrease development pressure in the Rural area. 2. For those lots already divided less than 10 acres on the bluffs, adopt by ordinance a site plan review process by the Commissions and Council, prior to building permit issuance. This review would be based upon criteria such as: Planning for: a) Erosion Control - during and after construction b) Skyline/Treeline Preservation c) Slope Integrity (review land alteration) d) Visual intrusion on the Bluffs (is the structure clearly imposed on the land or bdilt into it?) 3. Consider a policy of altering the Guide Plan to place the Bluffs area in a permanent Rural land use classification. Also consider excluding this area -from sewer service. 4. New State Statute regarding subdivisions now required parcels 20 acres or smaller to be reviewed by a Municipality and allows "environmental" site planning, and geologic factors to be reviewed. 5. Require erosion control measures on undeveloped land. 6. Involve Public Safety Department in monitoring and enforcing unlawful • trespassing over protected areas. 132q• Memo-Slope recommendations page 2 B) Review of slopes prior to development: • 1) Proponent should be required to submit information adequate for reviewing body to understand existing and proposed topography of his specific site. At a minimum, this would require: existing and proposed 2 foot contours and a 3-dimensional model,'but may also include: cross sections bad photosos required to adequately present the individual site. 2) Commission members should Visit each site. 3) Once a plan is approved, adequate controls must be established to . assure that all features are protected as approved. • Staff suggests that the Committee recommend the above items to the Commissions and Council for their action.- CE:ss I3as MEMORANDUM TO: THRU: FROM: DATE: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Service:1.'4.- June 11, 1981 SUBJECT: Slope Ordinance Recommendations From the Parks, Recreation 4 Natural Resources Commission On June 1, 1981, the Parks, Recreation and Natural Resources Commission reviewed the May 27 memorandum from Chris Enger describing slope committee recommendations for guidelines to the city attorney for drafting a slope ordinance. Attached is a copy of the June 1 minutes summarizing the discussion of the Parks, Recreation and Natural Resources Commission concerning the subject. The general feeling of the Commission was that the criteria outlined in the May 27 memo should be more specific so that a property owner within the Bluffs area would know by reading an ordinance what erosion control would be necessary, what controls would be used to protect the skyline, the slope integrity, the visual intrusion, etc. There was also some misunderstanding on the portion of the memo on page 2, titled "Review of Slopes Prior to Development". Some members on the Commission felt that the slopes should be defined as to how high or how steep so a property owner would know if he was going to be required to submit a three dimensional model, etc. This same concern was discussed at the slope committee. The slope committee recommended leaving that decision to staff. BL:md • 13210 Minutes - Parks, Recreation & unapproved June 1, 1981 Natural Resources Commission -5- C. Proposed Fees & Charges for Community Center (cent, from May 18) Lambert noted that this Commission requested Staff look into having. a random sample taken to see how many residents would be interested in a membership schedule, if offered, for the Community Center. Staff together with Chuck Pappas, were advised by the Research Assistant at Hennepin County Park Reserve District and a report of the survey is included in the memo of May 27, 1981. Based on the survey, Staff recommends the same individual cost as stated in the memo of May 18, 1981, but add membership fees as shown in memo of May 28, 1981. Anderson asked if it would be appropriate to let the high school hockey team practice weekdays at 6100 a.m. for $27.50 per hour (rate they would pay at Bloomington Ice Gardens) because the arena probably wouldn't be in demand by anyone else at that time and $27.50 would be better than no use/rental. Lambert said that the $27.50 amount is too little and probably wouldn't even pay operating expenses. He oontinued that the philosophy behind the Community Center has been to offer reasonable rates for users and still meet operating expenses. Jessen summarized that this Commission generally supports the fee schedule as outlined but feels any aotion should wait until after a joint meeting of the School Board. MOTION: VanMeter made a motion to recommend that after review of Staff recommendations, this Commission supports, in concept, the fee schedule and prior to approval would like to hear the outcome of the joint meeting of the School Board. Schwartz seconded the motion. AMENDMIT: Jessen moves that while the Commission generally supports the fee structure, the matter of membership be further reviewed as to rate (perhaps should be somewhat less). Kingrey seconded the amendment. VOTE ON mamma: 5 voted in favor, two opposed (VanMeter, Breitenstein). VOTE ON MOTION:. The motion carried unanimously with Friederichs abstaining. D. Slope Ordinance Committee Recommendation Lambert referred to memo of May 27, 1981, containing the final action of the Slope Committee. Jessen said he feels Items A).2.a-d should be better defined regarding bluff protection. He feels it will be very hard to define what is meant by these policies if not more specific such as no building below a oertain elevation, eto. b2.1 Minutes - Parke, Recreation& Natural Resources Commission unapproved —4— June 1, 1981 KinCrey paid this concern was discussed by the Committee and they felt the people who already owned property on the bluffs have a right to build as they want to, and also the basis of the ordinance is to direct development on smaller tracts of land without having to purchase rights from the owners. The ordinance is more for the purpose of informing and motivating landowners to do what the City would ultimately like done in terms of bluffs preservation. MOTION: Kingrey moved to recommend approval of the Slope Committee recommendations per memo with the following changes: Items: 1. delete "significant natural slopes such as" 2. change to read: "Review of, protection, and sensitive attention to the modification of slopes" etc. A)2. delete "Planning for:" 2.a. change to read: "Erosion Control -before, during and after construction". 4. change to read: "Utilize new state statute regardine..eto. B)1. third line change "his" to "the". 2. change to read: "Commission members should visit each site that staff has identified as sensitive". .Friederichs seconded the motion. The motion carried 4 to 3, with Breitenstein, Anderson, Kingrey and Friederichs voting "aye"; and Schwartz, VanMeter and Jessen voting "naye". DISCUSSION: Schwartz said he sees problems with interpretation of something this loosely defined--everyone sees situations in a different light. Schwartz further said he is comfortable with Section A (Bluff Protection) but feels Section B (Slopes) is not specific enough and interpretation will be a problem. Lambert said this concern was also discussed by the Committee and the Slopes section pertains to development proposals not to any single family homes on 10 acres scattered throughout the City. VII. Irml BUSINESS A. Policy on Trail Construction - Commission Goal NOTION: Jessen moved to continue this item to the next meeting. Breitenstein seconded the motion and it carried unanimously. B. Preserve Park Bike Trail NOTION: Jensen moved to approve Staff recommendation to proceed with the completion of the construction of the trail section. Friederichs seconded the motion and it carried unanimously. . 1211 1329 Planning Commission Minutes s**------dtmirlf;r981 MEMBERS ABSENT: Liz Retterath, Virginia Gartner, Robert Hallett C. HARDEE'S RESTAURANT PLAT, by North Central Food Systems, Inc. Request to preliminary plat 1.1 acres of the Eden Glen POD for construction of a Hardee's Restaurant. Located in the southwest corner of Eden Road & US 169-212. A Public hearing. Seaman asked if there have been any changes from the Eden Glen POD. The Planner replied no. The Planner also stated that Mr. John Shardlow, of Howard Dahlgren Associates was present for questions. • The Planner then reviewed the staff report dated 6/2[81. Shardlow stated that the proponent will agree to all conditions listed in the report. Levitt asked what new projects will be within the Eden Glen PUD. Shardlow replied that Lot 7 is being negotiated for a motel use and the other lots would be according to:the POD. Susie Hummel, 6263 St. John's Drive asked where this will be located. The Planner pointed out the location on the map. MOTION 1 Torjesen moved to Close the public hearing on the Hardee's Restaurant preliminary plat. Levitt seconded, motion carried 4-0. MOTION 2 Torjesen moved to recommend to the City Council approval of the preliminary plat dated 5/1/81 as per the staff report of 6/2/81. Sutliff seconded with the addition of the minutes of 5/11/81. DISCUSSION Bearman asked if 12 cars will still be stacked in the 120' provided. The Planner replied that it is 110' and there will be only 10 cars stacked. Motion carried 4-0. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: REQUEST: Planning Commission Chris Enger, Director of Planning June 2, 1981 HARDEE'S PLAT North Central Food Systems, Inc. Preliminary plat of 1 lot 1.153 acres in size, Eden Glen Road and two outlots, from a total parcel size of 14.735 acres. PROJECT LOCATION: Southwest corner of Eden Road & US 169 BACKGROUND This project has recently been reviewed by the City, first within the Eden Glen PUD and at the May 11, 1981 meeting through a request for re - zoning from Rural to C-Hwy. The proponent will be appearing at the Council meeting Tuesday, June 2, 1981 for consideration of first reading of the zoning, and will be befo r e the Board of Appeals Thursday, June 4, 1981 for consideration of a requ e s t for a variance for a sideyard (from 20 feet to 10 feet). The lot size and dimensions are in conformance with Ordinance 135, the rough grading for the site has been accomplished according to the original PUD, and the zoning and site plan have been reviewed by the Planning Com- mission. RECOMMENDATIONS The Planning Staff recommends approval of the request for preliminary platting subject to the following: 1. Cash park fee is applicable to this project. 2. Approved site plan (4/13/81). 3. Approval of zoning to C-Hwy. 4. No direct access to US 169 or Eden Road. 5. Preliminary plat dated 3/25/81 and revised 5/1/81. CE:ss 1330 Sincere District Engineer" cc: Charles Weaver Metropolitan Council 400s04 7)16 Minnesota Department of Transportation District 5 elp 2055 No. Lilac Drive Golden Valley, Minnesota 55422. May 15, 1981 • Mr. Chris Enger Planning Director City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 In Reply Refer To: 315 S.P. 2744 T.H. 169 Plat review of Hardees, Lot 1, Eden Glen located in the southwest quadrant of TM 169 and Eden Road in the City of Eden Prairie, Hennepin. County Dear Mr. Eager: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. This plat was previously reviewed by us as a part of the plat you submitted for Eden Glen. Our comments were sent to you on January 19, 1981. We have no additional comments to offer at this time. If you have any questions in regard to this matter, please contact our District Layout, Research and Development Engineer Mr. J. S. Katz at 545-3761 ext. 150. Thank you for your cooperation in this matter. Mike Reiter liennepin County Surveyor's Office 831 An Equal Opportunity Employer (612) 545-3761 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-110 RESOLUTION APPROVfNG THE PRELIMINARY PLAT OF HARDEE'S/EDEN GLEN BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Hardee's/Eden Glen dated , a copy of which is on file at the City Hall and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the it day of June 1981. Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL 1331 TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: June 12, 1981 RE: Fical Disparities The City of Shakopee has appealed the legality of the Fiscal Disparities Law to the Minnesota Supreme Court. They are asking •the "loser" communities and other's interested in repeal of the law to enter the lawsuit supporting the City of Shakopee and to pay a share of the appeal costs. Our City Attorney will be recieving a letter explaining possible briefs which the City could file or join in. /352 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-111 RESOLUTION COMMENTING ON THE MARCH 1981 SCOPING REPORT FOR C.S.A.H. 62 (CROSS- TOWN HIGHWAY) WHEREAS, BRW, the official Engineering Consultant Group for the Hennepin County Highway Department for the 62 Crosstown Environmental Impact Statement Process, has presented a Draft Scoping Report on the 62 Crosstown at the May 5, 1981 Eden Prairie City Council Meeting; and WHEREAS, at the Hay 5 meeting, alternatives to be studied in a formal E.I.S. Process and alternatives to be dropped from further consid- eration were suggested by BRW; and WHEREAS, Eden Prairie is one of the governmental entities affected by this proposed action, and has been requested to submit comments on it for consideration at the July 8, 1981 Scoping Meeting; and WHEREAS, Eden Prairie has had a long-standing position on the 62 Crosstown Extension and its effects on the Community; and WHEREAS, a cbmplete study of alternatives detailed in the March 1981 Scoping Report and the following alternatives is in the best interest of the health, safety, and general welfare of the citizens of the City of Eden Prairie, NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: That in addition to the alternatives outlined in the March 1981 Scoping Report as being studied in the E.I.S., the City of Eden Prairie requests the following also be studied in the E.I.S.: 1. Layout No. 6, revised 12/4/75, Project No. 6839. 2. The need for building of the Crosstown at all must be clearly demonstrated in the E.I.S Process. 3. The intersection of Co. Rd. 4 and Co. Rd. 62 should be studied in the E.I.S. and the alternative of a four-way intersection should be preserved. 4. "No Access" at Rowland Road Alternative should be carried to the E.I.S. in light of development pressures which wouTd •be created contrary to Eden Prairie's Comprehensive Guide Plan if access were given. 6/81 4 • 1333 Resolution No. 81-111 page 2 5. Upgrading of Townline Road west of Co. Rd. 4 should be studied with all 'build' alternatives, because of the additional traffic which would be generated. 6. A reduced design roadway (other than freeway -standards) similar to Co. Rd. 62 west of 1-494, with access control, should be studied for possible cost savings and less adverse impact. 7. The service road alternative from Beach Road to RoWland Road should be modified because of severe topographic constraint bn the south side of the road, however, a ser- vice road on the north side of the Crosstown from Clearwater to Rowland should be studied. ADOPTED, by the Eden Prairie City Council on June 16, 1981. . Volfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL EgiO. TO: FROM: THROUGH: DATE: REGARDING: Mayor and City Council Chris Enger, Director of Planning Carl Jullie, City Manager June 9, 1981 City position on Draft Scoping Report for Co. Rd. 62 At the May 5, 1981 City Council meeting, BRW (Engineering Consultants for the County Highway Department) presented a Draft Scoping Report for the County Road 62 Environmental Impact Statement. Residents within Eden Prairie, near the Crosstown Extension were notified by mail and a notice was published in the local paper. The purpose of the meeting was to mak e the Community aware of what alternatives were being considered in the Scoping Report for futher study in the Environmental Impact Statement Process. The meeting was also meant to provide input from the City rega r d - ing items not considered or that were considered that should be dropped. The purpose of the Scoping Report is to examine briefly, all reasonable alternatives and to limit the alternatives to be studied in depth" in t h e E.I.S. to a reasonable number arrived at through general consensus of a l l the parties involved. Within that forum, the City Council had a lengthy discussion regarding additional alternatives which we have attempted to summarize as follows : 1. The official City position on the 62 Crosstown is embodied in Resolution No. 1181 (Sept. 7, 1976 attached). This position was adopted based upon the 'high bridge alternative. Because of the potential visual and environmental effects on the Nine Mile Creek Valley, this alternative should not be dropped. 2. The need for building of the Crosstown at all must be clearly demon- strated in the E.I.S. Process. 3. The intersection of Co. Rd. 4 an0 Co. Rd. 62 should be studied in the E.I.S. and the alternative of a four-way intersection should be pre- served. 4. "No Access" at Rowland Road Alternative should be carried to the E.I.S. in light of development pressures which would be created contrary to Eden Prairie's Comprehensive Guide Plan if access were given. 5. Upgrading of Townline Road west of Co. Rd. 4 should be studied with all 'build' alternatives, because of the additional traffic which would be generated. Memo-Crosstown 62•Scoping Report page 2 6. A reduced design roadway (other than freeway standards) similar to Co. Rd. 62 west of 1-494, with access control, should be studied for possible cost savings and less adverse impact. 7. The service road alternative from Beach Road to Rowland Road should be modified because of severe topographic constraint on the south side of the road, however, a service road on the north side of the Crosstown from Clearwater to Rowland should be studied. The Council may wish to add to this summary, but we have prepared it to • aid you in adoption of an official position to be entered into the record at the July 8, 1981 Scoping Meeting. We have prepared Resolution No. 81-111 to aid you in this. CE:ss Sept. 7, 1976 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 1181 RESOLUTION APPROVING LAYOUT NO. 6 REVISED 12/4/7 FOR CSAH 62 (CROSS- TOWN HIGHWAY) PROJECT NO. 6839 WHEREAS, Layout No. 6, revised 12/4/75', Project No. 6839, showing the proposed improvement of County State Aid Highway No. 62, within the limits of the City of Eden Prairie from Shady Oak Road to 1-494, has been prepared and presented to the City Council; and WHEREAS, the City Council of Eden Prairie, despite serious reser- vations and concerns regarding the capacity of the Crosstown Highway east of Shady Oak Road and the impact of an at-grade access to said Crosstown at Beach Road upon fLture land use decisions for properties in the southeast quadrant of 1-494 and the Crosstown Highway and the continued severance of Eden Prairie residents from local road access to Bryant Lake Regional Park located totally within the City of Eden Prairie, does believe that said extension of the Crosstown Highway, with the following conditions, should be approved; and WHEREAS, the County Engineer has stated that the proposed Beach Road intersection is properly spaced from the 1-494 ramp intersection, and that it would be a safe intersection, NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: That said layout No. 6, revised 12/4/75, be in all things approved and the County is hereby authorized to commence acquiring rights-of-way on the basis of said layout, subject to the following: 1. The County shall provide proper pedistrian and bicycle access from Beach Road to Baker Road. 2. The County will agree to participate in an amount of $250,000 to assist the dirty in construction of an alternate roadway to serve the residential properties in the southeast quadrant of 1-494 and the Crosstown Highway. Such participation shall be due at the time construction contracts for the Crosstown are awarded. 3. It is acknowledged that the direct connection at Beach Rcad to CSAH 62 is the least desirable solution for local residen- tial access to community roads and functions and is only a temporary solution. Active efforts shall continue to secure approval and financing to provide a local bridge access over 1-494 from Baker Road east to Beach Road. At such time approval and funding are authorized and construction completed, the tem- porary access of Beach Road to CSAH 62 will be closed. 13'r1 ADOPTED by the Eden Prairie City council on September 7, 1976. Resolution No. 1181 - 2 - _Sept. 7, 1976 4. The City council requests future Councils, in order to protect the existing residential neighborhoed and preserve the content of the City's Comprehensive Guide Plan, to stand firm against the encroachment of industrial, com- mercial or other non-residential ilses in said southeast quadrant, despite thq at-grade access to the Crosstown Highway at Beach Road' 5. County Road 62 (Townline Road) wil,l be designated as a County State Aid Highway from Scenic Heights Drive to . T.H. 101 and improvements will be made thereon to pro- vide a properly surfaced roadway to handle anticipated traffic between T.H. 101 and the Crosstown Highway on or before the opening of the Crosstown Highway to 6. Alignment corrections to eliminate the sharp curves on County Road 60 (Baker Road) north of existing Valley View Road will be completed on or before the opening of the Crosstown Highway to 1-494. 7. Baker/Mitchell Road from T.H. 5 to present County Road 60 shall be designated as a County State Aid Highway. Opening of the remaining unimproved segment between new Valley View Road and present County Road 60 will coincide with the opening of the Crosstown Highway. The County shall also participate in the traffic signal at the T.H. 5 and Baker/Mitchell Road intersection. 8. County participation in the Ring Road Project (Schooner Boulevard) shall be as described in the attached letter dated October 9, 1975, from the Hennepin County Director of Public Works. Wolfgailq 1.1 :,Tenzel, Mayor ATTEST: SEAL 1331 MEMORANDUM TO: Mayor and City Council • THRU: - .iCarl'Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: June 4, 1981 SUBJECT: Summary of Proposed Fees, Charges and Priority Usage of the Community Center Attached to this memo are four previous memos regarding recommended priority' usage, as well as proposed fees and charges for the Community Center. The memorandums are provided for the Council to review the background and research used to arrive at this final summary of recommendations. FOLLOWING CITY OF EDEN PRAIRIE USE OF THE COMMUNITY CENTER THE ORDER OF PRIORITY SHALL BE: ; a. Eden Prairie School District 272 b. Eden Prairie non-profit youth organizations c. Eden Prairie non-profit adult organizations d. Other Eden Prairie groups of special interest or profit oriented groups (Groups are defined as Eden Prairie groups if 75% or more of the member- ship is from Eden Prairie). e. Other groups that are special interest or profit oriented or groups where less than 75% of the membership is from Eden Prairie. Such groups shall be assigned on the basis of available space and only on short term basis. The following groups shall be in this group: I. Religious organizations for worship or instructional purposes 2. Individuals, private agencies, companies or vendors that would use the facility for commercial purposes, personal profit or personal use 3. Non-profit City organizations that would be using the facility for fund raising activities 4. Political functions PROPOSED FEES AND CHARGES ICE ARENA Rental - prime-time $601 hour Non-prime time $50/hour (Midnight to 8 a.m. Monday thru Friday) School District Educational Classes $15/hour School District Hockey Team Practice. Prime-Time $55/hour, Non-Prime Time $30/hour Hockey Games $60/hour (school provides all'of the personnel required to run the games including scorers, referees, ticket takers, etc. - school keeps 100: of - the gate). 1339 -2- Individual Open Skating Fees: 17 & under $1 18 & older $2 Family'Stite $4/family Recommended Open Skating Times: Monday, Wednesday & Friday mornings 10 a.m. to 1 p.m. Friday nights 8-11 p.m. Saturday afternoon 1-4 p.m. Saturday night 8-11 p.m. Sunday afternoon - family skate 1-4 p.m. SWIMMING POOL Rental Fee - Group Reservation 25 participants or less $25/hour (3 staff) 25 to 50 participants $32/hour (2 staff) Over 50 participants $40/hour (3 staff) School District Educational Classess $15 1 hour School District After School Use (team practice) $20/hour Individual Open Swimming Fees • 18 & older $1.50 5-17 $1 Tots 4 and under $.50 (accompanied by an adult) Recommended Open Swimming Times: Open Family and Adult Swimming times would be'spaced throughout the day Monday -thru Friday. Longer sessions would be available on Saturdays and Sundays. Hours would range from 11/2-211 hours Monday thru Thursday. Friday, Saturday and Sunday would range 1½-4 hours to accommodate family recreational swimming RACQUETBALL COURTS Rental Fee - School Distridt use $10/hour for a 3 courts (includes use of available racquets and eye protectors) Individual Court Rate $8/hour Eden Prairie Resident Rate $6/hour (guest fee $1.50) Maximum 72 hour booking time FITNESS CENTER Rental Room #1 $15/hour Room #2 $15/hour Room #1 & 2 $30/hour Individual Use $.50 MEETING ROOMS Only private profit oriented groups will be charged for use of meeting rooms Room #1 $10/11/2 hours - first floor Room #2 $10/11/2 hours - first floor Room 01 & 2 $2012 hours - first floor Room 03 $15/11/2 hours -second floor LOCKERS $.25 charged for keY to lockers /840 -3- PROPOSED MEMBERSHIP FEES Swimming & Fitness Membership family $75 individual $40 Skating & Fitness Membership family $65 ' individual $35 • Racquetball & Fitness Membership family $75 individual $40 Swimming, Skating & Fitness Membership family $110 .individual $70 Swimming, Racquetball and Fitness Membership family $125 individual $75 SWimming, Skating, Racquetball & Fitness Membership (full membership) family $185 individual $100 The Parks, Recreation and Natural Resources Commission has reviewed proposed fees, charges and priority use of the Community Center at their last three meetings. The Commission has recommended in concept these group priorities and proposed fees and charges for the Community Center. Comments were, from Commission members, that the Council may want to change some of the rates, a small degree one way or the other. Several members on the Commission felt that the membership fees should be reduced slightly, others disagreed. Commission members also felt that the Council might want to consider a joint meeting with the School Board to discuss fees and charges of the Community Center. After a brief discussion with school administration staff regarding this proposal, school administration staff felt that such a meeting was really unnecessary. The Eden Prairie City Council should base fees on what is fair in attempting to meet operational costs and the school district would accept those costs. City staff feels that the proposed fees and charges are fair based on similar facilities fees and charges and want to emphazise that City staff would continue to expect that projected revenues will still fall far short of estimated operating expenses. BL:md June 16, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-116 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUB- LIC IMPROVEMENTS ON EDEN ROAD (I.C.52-005) BE IT RESOLVED by the Eden Prairie City Council: .1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed water and street improvements on Eden Road have petitioned the City Council to construct said improvements and to assess the entire cost against their property: 2. Pursuant to M.S.A.429.031; Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer, with the assistance of BRW, shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 lays following publication of this resolution in the City's official newspaper. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 142-11 HOWARD DAHLGREN ASSOCIATES MCOAPORM CD CONSULTING PLANNERS ONE GROVELANO TERRACE MINNEAPOLIS, MINNESOTA 55463 611•37•7•3536 12 June 1981 Honorable Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Honorable Mayor and Council: Please find attached a signed copy of a petition for local improvements. The listed improvements include: 1. The construction of Eden Road from Highway 169/212 to the intersection of proposed Eden Glen Road, as a 44 foot, nine ton capacity collector street) 2. Concrete curb and gutter and other necessary storm sewer improvements; 3. The extension of watermain. As their representative, Jesco, Inc. has asked me to inform the City that they understand and accept that they will be assessed for half of the cost of the above mentioned improvements over a five year period. We understand that this is the City's standard commercial assessment policy. Significant unexpected costs incurred in the development of Eden Glen have caused its profit margin to become very narrow. Consequently, Jesco, Inc. asks that the following current estimate of the costs of the requested improvements be noted as part of this petition. Cost overruns in excess of ten percent above these estimated costs would be of serious concern to both of the parties involved in this petition. Furthermore, both parties request that if Eden Road becomes included in the proposed Tax Increment Financing District, that they be credited with their fair share of that benefit. Honorable Mayor and City Council City of Eden Prairie IMPROVEMENTS 1. 44 foot, nine ton collector street; sub-base preparation and surfacing Concrete curb and gutter 2. Watermain 12 June 1981 'Page 2 COST $ 40.00 per lineal foot $ 15.00 per lineal foot $ 20.00 per lineal foot 3. Five foot sidewalk $ 10.00 per lineal foot 4. Storm Sewer (assume two catch basins, culverts, and miscellaneous) 5. Earthwork SUBTOTAL Engineering Cost, City staff, Design Consultant, Inspection Consultant TOTAL $ 24.00 per lineal foot No Estimate Available $ 109.00 per lineal foot $ 20.00 per lineal foot $ 130.00 per lineal foot Finance Charge = 8.5% We have met with Mr. Paul Anderson, one of the fee owners, and Mr. Tom Heiberg of Landsake' Inc., the contract-for-deed holder of the other property benefitting from this improvement, to the north of Eden Road. Our objective was to gain their signatures to make this a 100% petition and therefore, avoid the public hearing process. Although they agree that the road will benefit their property and that it should be built now before development occurs on both properties, the Andersons are unwilling to sign this petition without an opportunity to express some concerns to the Council. We understand that Mr. Paul Anderson will submit a letter outlining his family's position in this matter and will be in attendance at the 16 June meeting to discuss them with the Council. 12 June 1981 Page 3 In closing, let me state that Jesco, Inc. has made a sincere attempt to achieve the 100% petition needed to order the improvement of Eden Road, which has been made a condition of approval for the proposed Hardee's Restaurant. We are hopeful that reasonable assurances can be given to the Andersons' concerns and that they will consumate the 100% petition needed to order these improvements without the need for a public hearing process. We believe that the Eden Glen project has the potential to become the catalyst for the entire Major Center Area. In the unfortunate event that 100% petition is not possible, Jesco stands ready to take any reasonable action to preserve the development's schedule for the Eden Glen project. enclosure CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (General Location) Sanitary Sewer X Watermain 44 foot wide, 9 ton collector street, X Storm Sewer necessary storm sewer and watermain from X Street Paving U.S. Highway 169/212 to proposed Eden Other Glen Road. Street Address or Other Legal Description of Property to be Served (For City Use) Date Received Project No. Council Consideration / 777, ,3q MEMO TO: THROUGH: FROM: DATE: RE: Mayor Penzel and Members of the City Council Carl . Jul I le, City, Manager Gene Dietz, City. Engineer June 9, 1981 No Parking Zone Adjacent to Flying Cloud Fields As a result of discussion among Park and Recreation, Public Safety and Public Works, it was recommended that a "no parkino" zone be established along CSAH 1 adjacent to the Flying Cloud Athletic Fields. A portion of the south side of the road has previouslY been posted, which has resulted in shift in parking to the north side. The situation has created a :hazard to through motorists and the parked spectators as well. The parking facilities In the interior of the field appear to be ample. Hennepin County will erect and maintain signs if given an appropriate enabling resolution by the City of Eden Prairie (maintenance will include the existing signs erected by the City). EAD:kh June 16, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81115 RESOLUTION ESTABLISHING A "NO PARKING OR STOPPING" ZONE ON CSAH 1 ADJACENT TO FLYING CLOUD ATHLETIC FIELDS WHEREAS, it has been deemed advisable and necessary for the City of Eden Prairie to establish a "no parking or stopping" zone adjacent to the Flying Cloud Athletic Fields, and WHEREAS, upon receipt of enabling resolution the Hennepin County Department of Transportation will erect and maintain signs in saw zone. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that a "no parking or stopping" zone. be established on CSAH 1 on both sides of the roadway from 250' east of the centerline of Mitchell Road to 1,300 feet iest of the centerline of Mitchell Road. ADOPTED by the Eden Prairie City Council on W-61fgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk MEMO • TO: THROUGH: FROM: DATE: RE: Mayor Penzel and Members of the City Council Carl Jullie, City Manager Gene Dietz, City Engineer June 9, 1981 Appropriation of M.S.A. Funds - CSAH 4/Valley View Road • At a regular meeting of City Council on May 19, 1981, a cOoperative agree- ment between Hennepin County and the City was approved and subsequently executed. The terms of the agreement specified a cost sharing arrangement that established an estimated cost to the City of $180,861.61. The resolution On the June 16, 1981, Council Agenda would request the tOmmissioner Of Highways to approve those funds being appropriated from M.S.A. all•cation, Staff -reeommends approval. EAD:kh June 16, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81- 117 APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO C.S.A.H. 4 AND VALLEY VIEW RD. WHEREAS, it has been deemed advisable and necessary for the City of Eden Prairie to participate in the cost of a construction project located on C.S.A.H. 4 & Valley View Rd. within the limits of said municipality, and; WHEREAS, said construction project has been approved by the Department of Transportation and is being . designed by Hennepin County (Project #7928) NOW, THEREFORE, BE IT RESOLVED: that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $180,861.61 to apply toward the design, construction and right-of-way acquisition of said project and request the Commissioner of Highways to approve this authorization. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: • SEAL John D. Frane, Clerk I gt MEMO TO: THROUGH: FROM: DATE: RE: Mayor Penzel and Members of the City Council Carl .Jullie, City,Manager Gene Dietz, City Engineer June 9, 1981 Watering Restriction Included on the June 16, 1981, Council Agenda is a proposed ordinance which would allow water restrictions .to be implemented during emergency situations - - prolonged heat and dry weather coupled with high water usage. As written, the City Manager would have the discretion to declare an emergency and take appropriate action. At present, appropriate action would consist of one of the following means of applyng a sprinkling ban: 1) Customary odd/even. Odd numbered homes water on odd days, etc. The advantage of this system is that people are generally familiar with this system. 2) Odd/even by sections. This variation of the odd/even ban would have homes on the north side of T.H.5 watering on odd days, while south side residents would water on even days. The advantages of this method are an easier enforcement procedure and eliminating any advantage adjoining neighbors might perceive due to watering dates. While any sprinkling ban will be unpopular, a certain amount of resentment can be expected due to the large segment of the population having private wells. It would be difficult to regulate the use of private wells, which to the casual observer could be City supplied water. Attached for your review is a copy of a memorandum from my predecessor discussing the topic. Very little has changed during the intervening year, except to note that a voluntary system did not prove effective. Although this ordinance may be a hardship to some citizens of Eden Prairie, the duration of any sprinkling ban should be limited to the month of July this year and June and July next year. EAD:kh Attachments MEMO • TO: THROUGH: FROM: DATE: SUBJECT: Mayor Penzel and Members of the City Counc i l Roger Ulstad, City Manager Carl Jullie, City Engineer June 27, 1980 Sprinkling Ban Dunn the recent hot days the demand for m u n i c i p a l w a t e r s u r i n g t h e l a t e afternoon and evening hours (5:00 to 10:30 P . M . ) h a s e x c e e d e d o u r p u m p i n g capacity, such that the Baker Road reservo i r h a s d r o p p e d 1 . 0 t h e 2 0 f o o t level resulting in very low water pressure i n t h e h i g h e r e l e v a t i t n ,areas of the City. In order to avoid a potentia l l y s e r i o u s s i t u a t i o n i n c a s e of a major fire at these peak demand times , i t i s r e c o m m e n d e d t h a t t h e City Council authorize the Staff to invoke a s p r i n k l i n g b a n u s i n g - t h e "odd-even" procedure, wherein homeowners W i t h o d d n u m b e r e d h o u s e n u m b e r 'could sprinkle only on odd numbered days o f t h e m o n t h a n d l i i e w a s e f o r even numbered houses. We would hope that t h i s b a n c a n b e s u c c e s s f u l o n a completely voluntary basis and therefore. w e d o n o t p r o p o s e a n y p e n a l t i e s for violations at this time. Black and Veatch Consulting Engineers are n o w i n t h e d e s i g n p h a s e o f t h e water plant expansion project. The attatch e d p r o j e c t t i m e t a b l e s h o w s b i d s to be awarded in January, 1981, and project c o m p l e t i o n b y J c t o b e r , 1 9 8 2 . Thus, we will have two more summers of peak d e m a n d b e f o r e a d d i t i o n a l capacity is available. • CJJ:kh Attachment June 16, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 0-81-35 AN ORDINANCE AUTHORIZING THE DECLARATION OF WATER EMERGENCIES DURING WHICH TIME THE USE OF WATER SHALL BE REGULATED, AND PRESCRIBING A PENALTY The City Council of the City of Eden Prairie ordains as follows: "Section 1, Water Emergencies (a) Whenever the City Manager considers it to be necessary or desirable he may declare a water emergency, during which time reasonable rules and regulations estab- lished by the City Manager in connection with the use of water shall be in effect. (b) Any person violating any rule or regulation promulgated pursuant to this ordinance shall be guilty of a misdemeanor and subject to a fine not exceeding $500 or imprisonment__ for a period not exceeding 90 days wjth cost Of prose- cution in either case to be added." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. First read at a regular meeting of the City Council of Eden Prairie this day of . , 1981, and finally read and adopted and ordered published at a regular meeting of said City Council on the day of , 1981. Wolfgang H. Penzel, Mayor ATTEST: • SEAL John D. Frane, Clerk June 16, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 881-119 RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION OF CERTAIN LANDS BY EMINENT DOMAIN WHEREAS, the City Council is empowered by Minnesota StatuteA 412.221, to lay out and open public ways and streets, establish and maintain sewers and to provide water supply; WHEREAS, the City is empowered by Minnesota Statutes 412.211 to acquire real property, as the purposes of the City may require, by condemnation; WHEREAS, the City Council by Resolution No. 80-94 on May 20, 1980, ordered the construction of improvements known as Valley View Road and Dell Road, Phase II, Project I.C. 51-325 Phase II; • WHEREAS, the office of the City Engineer has prepared plans and specifications for the construction of said project, denoted as project I.C. 51-325 Phase II; WHEREAS, the City Council by Resolution No. 80-168 on September 2, 1980, awarded the contract for said projects to Progressive Contracting; WHEREAS, the City has acquired all necessary rights-of-way for said project except over certain parcels of property situated in the Northeast Quarter of the Northeast Quarter of Section 7, Township 116, Range 22 and the Northwest Quarter of the Northwest Quarter of Section 8, Township 116, Range 22; WHEREAS, it is necessary, advisable and expedient and in the public interest to acquire rights-of-way over parcels situated in the above-described property as recommended by the City Engineer for the purpose of such improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota: 1. The City shall proceed by eminent domain to acquire title to such rights-of-way over the property described above in such locations and in such nature of ownership as shall be determined by the City Engineer. 2. The City attorney is authorized and directed to prepare petitions and serve notices as required by law and to prosecute such proceedings to a successful conclusion or until abandoned, dismissed or terminated by the City or by the court, and the City / 3S0 ADOPTED, by the City Council of Eden Prairie this day of June, 1981. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, Clerk SEAT, attorney, the mayor and the clerk shall do all ,things necessary in connection with the commencement, prosecution and successful termina- tion of such proceedings. It is understood that if the City attorney 'cbn obtain the required rights-of-way in writing by negotiation at any time, the said lands shall not be included or shall be dismissed from said, proceedings.