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Home My WebLink AboutCity Council - 02/16/1982JOINT CITY COUNCIL/PLANNING COMMISSION/PARKS, RECREATION & NATURAL RESOURCES MEETING TUESDAY, FEBRUARY 16, 1982 COUNCIL MEMBERS: PLANNING COMMISSION MEMBERS: PARKS, RECREATION & NATURAL RESOURCES COMMISSION MEMBERS: COUNCIL STAFF: ROLL CALL CALL MEETING TO ORDER UPDATE ON LANDFILL EXPANSION ADJOURNMENT. 6:30 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen William Bearmen, Hakon Torjesen, Bob Hallett,Elizabeth Retterath, Grant Sutliff, Dennis Marhula and Virginia Gartner Richard Anderson, Austin Boulay, Jerry Kingrey, Pat Breitenstein, Marty Jessen, Marge Friederichs and Jesse L. Schwartz,Jr. City Manager Carl Jullie, Planning Director Chris Enger, and Director of Community Services Bob Lambert EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 16, 1982 COUNCIL MEMBERS: COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl Jullie; City Attorney Richard Rosow; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Bob Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE IOROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. .MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 2, 1982 City Council Agenda - 2 - Tues.,Feb. 16, 1982 !II. CONSENT CALENDAR A. Clerk's License List B. Resolution No. 82-35, appointing election judges for the March 16th Liquor Referendum C. Authorization to advertise sale and removal of Schaitberger House at Riley Lake Park D. Authorize bids to be received for Lime Sludge Removal Contract at 10:00 AM, March 11, 1982, I.C. 52-029 IV. PUBLIC HEARINGS A. Franlo Road Condominiums by Prairie Lakes Corporation. Request to rezone and preliminary plat approximately 13.3 acres from Rural to PM 2.5 for construction of two 3-story condominiums for a total of 172 units. Located west of Preserve Blvd. and north of Franlo Road (Ordinance No. 82-04 - rezoning; Resolution No. 82-34 - preliminary plat) B. Public Hearing on proposed improvements for Autumn Woods Phase I and adjacent property, I.C. 52-016A. Located south of Rymarland Camp and east of T.H. 101. (Resolution No. 82-36, ordering Improvements) C. Request for Liquor License by Abby's Restaurant Enterprises D. Public Hearing on 1982 budget adjustments Page 307 Page 308 Page 310 Page 311 Page 312 Page 32E Page 326 V. PAYMENT OF CLAIMS NOS. 10379 - 10603 VI. APPOINTMENTS A. Assistant Weed Inspector - Appointment of Assistant Weed Inspector B. Board of Appeals & Adjustments - Appointment of two (2) representatives to the Board of Appeals & Adjustments for three (3) year terms commencing March 1, 1982 C. Building Code Board of Appeals - Appointment of two (2) representatives to the Building Code Board of Appeals for three (3) year terms commencing March 1, 1982 D. Development Commission - Appointment of two (2) representatives to the Development Commission for three (3) year terms commencing March 1, 1982 E. Flying Cloud Airport Advisory Commission - Appointment of two (2) representatives to the Flying Cloud Airport Advisory Commission for three" (3) year terms commencing March 1, 1982 • F. Historical & Cultural Commission - Appointment of two (2) representatives to the Historical & Cultural Commission for three (3) year terms commencing March 1, 1982 Page 327 Page 332 •Aty Council Meeting - 3 - • Tues.,Feb. 16, 1982 G. Human Rights & Services Commission - Appointment of two (2) representatives to the Human Rights & Services Commission for three.(3) year terms commencing March 1, 1982 H. Parks, Recreation & Natural Resources Commission - Appointment of two (2) representatives to the Parks, Recreation & Natural Resources Commission for three (3) year terms commencing March 1, 1982 I. Planning Commission - Appointment of two (2) representatives to the Planning Commission for three (3) year terms commencing March 1, 1982 VII.. REPORTS OF ADVISORY COMMISSIONS VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for approval of the Eden Prairie Volunteer Firemen'i Relief Association Bylaws B. Approval of City West PUD Developer's Agreement I X. REPORTS OF OFFICERS,' BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Manager D. Report of Director of Community Services 1. Approval of Park Sign Design NEW BUSINESS ADJOURNMENT. 'Page 33 Page 345 Page 346 ?Jol3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 2, 1982 COUNCIL MEMBERS: COUNCIL STAFF: 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, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Bob Lambert, Director of Public Works Eugene A. Dietz, City Forester Stuart Fox, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Dean Edstrom was absent I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III. C. Resolution for March 16, 1982 Liquor Referendum (Resolution No. 82-33); IX. A. 1. Penzel - a. Uses at Community Center; and IX. A. 1. Penzel - b. Grill House. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as amended and published. Motion carried unanimously. II. MINUTES A. Joint City Council/Development Commission Meeting held Tuesday, January 19, 1982 MOTION: Tangen moved, seconded by Redpath, to approve the minutes of the Joint City Council/Development Commission Meeting held Tuesday, January 19, 1982 as published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, January 19, 1982 MOTION: Redpath moved, seconded by Bentley, to approve the minutes of the City Council Meeting held Tuesday, January 19, 1982, as published. Motion carried unanimously. C. Special City Council Meeting held Tuesday, January 26, 1982 Add: Roll Call: Council members George Bentley and George Tangen were absent. page 1: I. Motion: change "Tangen" to "Redpath." page 2: p.2., first line: change "3'" to "5'." III. Motion: change "Tangen" to "Redpath." IV. Motion: change "Bentley" to "Penzel." City Council Minutes February 2, 1982 MOTION: Redpath moved, seconded by Penzel, to approve the minutes of the Special City Council Meeting held Tuesday, January 26, 1982, as amended and published. Motion carried with Bentley and Tangen abstaining. III. CONSENT CALENDAR A. Clerk's License List B. Final plat approval for Eden Prairie Center 3rd Addition (Bank site at north- east corner of TH 169/Schooner Blvd.) (Resolution No. 82-31) C. Resolution for March 16, 1982 Liquor Referendum (Resolution No. 82-33) MOTION: Bentley moved, second,d by Redpath, to approve items A - C on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Mitchell Lakes Estates 2nd Addition by Karl Peterson. Request to revise the COR PUD, rezone from Planned Study to Office, and preliminary plat 3 lots on approximately 4.21 acres, for construction of 3 office buildings. Located i n the southwest quadrant of TH 5 and Co. Rd. 4 behind Superamerica Gas Station (Resolution No. 82-25 - PUD; Ordinance No. 82-03 - Rezoning; and Resolution No. 82-26 - Preliminary Plat) Lee Johnson, representing the developer, addressed the proposal and reviewed past proposals for this site. Johnson said Peterson is anxious to begin the project as he has outgrown his present location. Planning Director Enger noted the Planning Commission had reviewed this proposal at its meeting on January 11, 1982. At that time the Planning Comm i s - sion voted to approve the proposal subject to Staff recommendations containe d in the January 4, 1982, Staff Report and with the following additions: Outlo t "A" should be deeded to the City; parking lot lighting should be no higher t h a n 20' with cut-off luminars; and that approval be subject to site plan and bu i l d i n g plan review by the Planning Commission if there are major changes to the pl a n . The Planning Commission expressed concern about Outlot "A" regarding access b y Superameri ca. Bentley asked the width of the cul-de-sac road. Enger said it would be approximately 28 wide with a 50' right-of-way. Bentley asked what percentage of the most northerly building would be used by the printing facility. Johnso n said about one third. Bentley inquired as to the zoning at Dr. Bonnett's pre- sent Veterinary Clinic. Enger said it is either Regional Service or Office -- in this case the zones over-lap that category. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution 82-25, approving the Mitchell Lake Estates Second Addition Planned Unit Development and Amending the Guide Plan. Motion carried unanimou s l y 3 City Council Minutes -3- February 2, 1982 MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance 82-03, rezoning from Planned Study to Office. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution 82-26, approving the preliminary plat of Mitchell Lake Estates 2nd Addition subject to the recommendations contained in the January 4, 1982. Staff Report and Planning Commission. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft a Developer's Agreement including the recommendations of the Staff and Planning Commission. Motion carried unanimously. B. Public Hearing on proposed improvements on Mitchell Road and Technology Drive, I.C. 52-010 (Resolution No. 82-32, ordering improvements) City Manager Jullie noted the dates of the published notices regarding this Public Hearing and stated notices had been sent to all the owners of record which would be included in the assessment area. Director of Public Works Dietz spoke to the proposal. The area included was divided into five segments for purposes of discussion. These were: "A" - Wallace Road on the west to the east property line of SGL; "B" - the east property line of SGL to Mitchell Road; "C" - Mitchell Road east to Purgatory Creek; "D" - Purgatory Creek east to Schooner Boulevard; and "E" - Mitchell Road from Highway 5 south to Scenic Heights. This project was started by a petition regarding the feasibility of a cul-de-saced road from Mitchell Road west to the western property line of CPT. At about the same time a petition was received from MTS asking the City to look at the feasibility of extending the roadway from Mitchell Road to Schooner Boulevard. Also at this time the City was considering expansion of facilities on Mitchell Road and it was de- termined this could be included in the project. Costs for the various segments are estimated to be: "A" - $438,000; "B" - $335,000; "C" - $802,000; "D" - $894,000; and "E" - $694,000; for a grand total of $3,200,000. The assessments would be spread out over a 17 year period. Dietz noted that segment "D" has some major soil problems. It would be, according to the feasibilty report, advantageous not to construct that segment at this time thereby allowing some soil consolidation time which would hold down costs. Dietz said the Council might wish to discuss the method of assessing segment "A." If changes are made in the method of assessing "A" then the Public Hearing on that portion would have to be continued to a later date. Bentley asked about the intersection of Technology Drive and Schooner Boulevard. Dietz said it is shown to be a 90 degree intersection. Tangen inquired as to whether or not signals are planned at the intersection of TH 5 and Wallace Road. Dietz said a consultant had investigated that possi- bility but the State feels the signals are not warranted at this time. Also, channelization would have to be done in conjunction with a signalization pro- ject. Costs prohibit that at this time. City Council Minutes -4- February 2, 1982 Penzel noted land would become developable in segment "D" which would make that portion assessable to those properties. He asked that this be looked into further. Chuck Kozar, General Manager and Vice President, J. E. Braes Co., 7970 Wallace Road, asked if any surveys had been made of employees in the Wallace Road area and where they live. Penzel stated not only the employees would be using Technology Drive but also suppliers and customers. Penzel noted the decisions to be made this evening are to determine whether or not the project is feasible and whether or not it is in repsonse to a community need. The actual decision on how to assess the project costs will be determined at a later date at an assessment hearing. Bentley asked if any traffic surveys had been made relative to the heavy school bus traffic on Wallace Road. Wallace Neal, Neal Slate Company, 7975 Wallace Road, said he came tonight to lobby for a signal at TH 5. He would like the City to continue its efforts to see one is installed at that intersection. Penzel said the signalization of this intersection has been in the plans for years, but has not yet reached the top of the priority list. Dick Kast, Executive Vice President, Metro Machine and Engineering Corp., 8001 Wallace Road, felt Metro Machine would not benefit from the roadway under discussion. He favors a signal at TH 5 and Wallace Road. Dora Penning, S.M. Osgood Company, 7960 Wallace Road, questioned congestion which might develop at the new intersection of Technology Drive and Mitchell Road. Neal said the people north of TH 5 have a hard time getting in and out of that area -- that area is becoming more and more congested all the time. Tim Pierce, 16669 Honeysuckle Lane, stated the board of the Eden Prairie United Methodist Church has not had an opportunity to review this. Peter Beck, representing CPT, said they had petitioned for section "B" of the project and support construction of that segment. They have been taken aback by the cost of the project. It is their feeling that segment "A" is not really necessary; if "A" were not built, segment "B" would not have to be as wide as it is shown; they question whether a 5' sidewalk is really necessary. They do not oppose the road and do not wish to hold up construction as they hope the new road is open when the addition to their building is ready. John Otterlei, 4704 Merilane, Edina, said he cannot see the benefit of segment "A" and would prefer to see a semaphore at TH 5 and Wallace Road. Paul Strand, representing MTS, said his company had petitioned for segment "C" and they support the project. They would like to see segment "D" pursued at the earliest possible time. They are concerned that development will be delayed 1 if segment "D" is not undertaken -- Mitchell Road traffic is increasing. City Council Minutes -5- February 2, 1982 Penzel said perhaps the Council might wish to consider reviewing segment "A" and reexamining the assessment portion of segment "D." MOTION: Bentley moved, seconded by Tangen, to continue the Public Hearing on segments "A" and "D" to March 2, 1982; to close the Public Hearing on segments "B", "C", and "E" and to adopt that portion of Resolution 82-32 which orders utility and street improvements for segments "B", "C", and "E." Motion carried unanimously. Bentley asked for more specific information on a time line for segment "D" (relative to compaction, etc.) Tangen requested Staff to check on the possible signalization of Wallace Road and TH 5. C. Removal of diseased elm trees from private Property (Resolution No. 82-28) City Manager Jullie reviewed the procedure for removing diseased elm treet from private property. Bentley asked what the assessment period is. City Forester Fox said the normal period is one year. City Attorney Pauly said a provision of the Ordinance is that the period of assessment is not to exceed five years, Jullie noted the Council's option regarding the assessment period is usually determined at the assessment hearing in the Fall, Joe Dolejsi, 6445 West 192nd, said he was not able to get to the diseased trees on his property until his crops were out and this was not possible last Fall. Because of the weather conditions this Winter, he has not been able to remove the trees but hopes to have them out by the end of March or the 15th of April, weather permitting. Fox said April 1st is the deadline according to State Law. Bentley asked if the contractors who do the tree removal would be delayed due to the weather conditions this year. Fox said this a slow time of year for these particular contractors and the cost Is lower as a result. The snow cover would not be a factor, Fox will work with Dolejsi on his specific problem. Fox will advise the Council of any problems which still exist at the time of the March 16, 1982, Council Meeting. MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution 82-28, ordering a public improvement for the removal of diseased elm trees. Motion carried unanimously. D. Request for Municipal Industrial Development Bonds in the amount of $2,800,000.00 for Twin City Christian Homes (Resolution No. 82-30) Bruce Farrington, President, Twin City Christian Homes, spoke to the request. Farrington introduced Clayton Stranlie and Donna Smiler of Miller & Schroeder Municipals, Inc.; Dan Bloomquist, Corporate Counsel; Jerry Stifter, McGladrey, Hendrickson & Co., who was responsible for the feasbility study; Elsworth Johnson, Board Chairman of First American Companies, health care consultant; Barry Rose who represents the developers; and Dan Heredon and Michael Contact who are with the project. (t, City Council Minutes -6- February 2, 1982 Farrington stated Twin City Christian Homes is affiliated with the Minnesota Baptist Conference. The fifteen members of the Board of Twin City Christian Homes are all voluntary members appointed by the Conference Stewards representing a cross-section of occupations. Twin City Christian Homes has agreements to: 1) develop, own, and operate the nursing home facility; 2) manage the condominium project subject to ratification by the homeowner's association; and 3) provide resident ser- vices to residents of the condominiums. Farrington said they would like to start construction on the building this Spring; construction would take about one year. The facility will have 60 beds and would be about 22,000 square feet in area. Farrington noted they have been incorporated since 1970 and this is their first project. Clayton Stranlie spoke to the private placement versus public offering question noting the private placement market is not good at this time and the interest rates are high. Finance Director Frane said he had reviewed the figures supplied by McGladrey, Hendrickson & Co. with auditors for the City and had found the cash flow situ- ation on the preliminary report to be reasonable. Bentley asked if Twin City Christian Homes had received approval from the Metropolitan Council for this facility. Farrington said they had obtained a "Certificate of Need" from the State Department of Health. City Attorney Pauly asked Farrington if the Baptist Conference would be in a position to provide the City with an indemnification agreement,if this were a public issue j to cover any losses which the City might sustain as a result of the issue. Dan Bloomquist, corporate counsel, said it is not a question of whether or not they could indemnify the agreement, but rather one of procedure -- the question has not been posed to them in that way. Pauly asked what assurances will Twin City Christian Homes have prior to the sale of bonds that the project will be built and completed within the budget. Farrington said they have a contract with Abio Debco for a fixed price and that price will hold unless the bids come in at 5% over that; they would not close on the financing until the bids are in. On the equipment they already have a fixed price. Pauly noted that the City will be getting an indemmificatiol agreement on a project which will be coming up later on tonight's Agenda. Bentley said he has a problem with the equipment item since the policy has been not to approve equipment. Frane said the amount of equipment in relation to the total amount of the bond is rather small. A spokesman for the proponent noted the reimbursement structure is such that it must be spread out over a ten year period. Bentley inquired further about the necessity for indemnification. Pauly said the financial responsibility of this entity has not been proven; its assests are only those which are included in this package. If the project should not be successful, the purchasers would be looking for a solvent entity. The probability is that there would be no financial loss to the City, but there is also the possibility that a class action suit could be pioneered. If the member churches were able to provide the City with an indemnification agreement, it would provide the City with a good deal of comfort. SOG A. City Council Minutes February 2, 1982 Bloomquist said indemnification could be taken up with the Conferenc e . He said the likelihood of any exposure by the City is limited due to the nature of Industrial Revenue Bonds. Penzel noted that although the Ci t y must proceed on good faith, the concerns must be addressed. Bloomquis t said the Conference is behind the project by way of approving Twin Cit y Christian Homes. He asked if indemnification would be for 1) the expe n s e s of the City, or 2) the total project. Farrington expressed concern ab o u t the length of time it would take for the Conference to act upon an ind e m n i - fication agreement and which would then make it impossible to begin co n s t r u c - tion according to their present time table. Pauly said indemnification to the City of any losses which would be su s t a i n e d as the result of any liability to the bond holders who might prevail i n a n action against the City is dhat he was referring to. Farrington said t h e i r problem in agreeing to obtain indemnification is the major uncertaint y i n getting this in six weeks and the fact that major costs will be incur r e d i n the next six to eight weeks. Ellsworth Johnson noted getting indemni f i c a t i o n would require an annual meeting of the Conference. Farrington said t h e c o n - tingencies would make the project almost impossible and would be a si g n i f i c a n t burden. MOTION: Redpath moved, seconded by Tangen, to close the Public Hear i n g a n d to adopt Resolution 82-30, giving preliminary approval to Twin City C h r i s t i a n Homes for MIDB's in the amount of $2,800,000.00. Motion carried unan i m o u s l y . E. Adoption of City Comprehensive Guide Plan and Housing Assistance Plan (Reso- lution No. 82-27) MOTION: Tangen moved, seconded by Bentley, to close the Public Hear i n g and to adopt Resolution 82-27, adopting the Eden Prairie Comprehensi v e G u i d e Plan Update and Housing Assistance Plan. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 10216 - 10378 MOTION: Tangen moved, seconded by Redpath, to approve Payment of Cla i m s N o s . 10216 - 10378. Roll call vote: Bentley, Redpath, Tangen and Penzel v o t e d " a y e . " Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request to set Public Hearing for February 16, 1982, for Liquor License submitted by Abby's Restaurant Enterprises MOTION: Redpath moved, seconded by Bentley, to set February 16, 1982 , a s the date for a Public Hearing for a liquor license submitted by Abby' s Restaurant Enterprises. Motion carried unanimously. Penzel requested the City Attorney to check on the seating capacity o f the restaurant in light of City Ordinances and whether or not there i s any reference to distance from churches in the State Statutes. City Council Minutes -8- February 2, 1982 VIII. ORDINANCES & RESOLUTIONS A. Final approval for Municipal Industrial Development Bonds in the amount of $2,000,000.00 for Parker-Hannifin Finance Director Frane spoke to his memo of January 26, 1982, which reviewed the request by Parker-Hannifin. Clark Harvey, bond counsel representing Parker-Hannifin, was present. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution 82-29, granting final approval for Parker-Hannifin Corporation for MIDB's in the amount of $2,000,000.00. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Penzel- a. Uses at Community Center: Penzel said he has received a request to use the conference rooms at the Community Center for ping pong. He had also discussed with Chuck Pappas, Community Center Manager, the installation of video games at the Center. The pros and cons of the video game proposal were discussed and it was determined the Center should be used for active as opposed to passive recreation; although the revenue from the games would be substantial, the problems of supervision do not warrant them at this time. The concensus was to provide an area for ping pong as well as the necessary equipment. b. Grill House: Penzel said he has heard rumors that a committee is about to be created to renovate the Grill House. Because It is a City owned building, Penzel felt it would be wise to convey to the Historical and Cultural Commission that they make recommendations to the Council as to whom should be appointed to this committee. The Council will ask the Historical and Cultural Commission for their recom- mendations and will appoint a committee in the near future. B. Report of City Attorney City Attorney Pauly spoke to his memorandum of February 2, 1982, in which he addressed the Designation of Official Newspaper. He noted that affidavits indicate both newspapers qualify as legal newspapers. The Prairie Register has not published a Statement of Ownership. Rolfsrud's affidavit (Eden Prairie News has been filed with the County Auditor making it prima facie evidence. The Eden Prairie News is therefore a legal newspaper. MOTION: Bentley moved, seconded by Tangen, to ratify the action taken at the January 5, 1982, meeting of the City Council designating the Eden Prairie News as the City's legal newspaper. Motion carried unanimously. Ted Allen, attorney for the Prairie Register, requested a copy of the affidavit filed by the Eden Prairie News. 1 City Council Minutes -9- February 2, 1982 C. Report of City Manager 1. Set Public Hearing for Review of 1982 Budget Adjustments Tangen requested Staff take another look at the reduction in the tree program and the dust oiling of gravel roads prior to the Hearing. MOTION: Redpath moved, seconded by Tangen, to set February 16, 1982, as the date for review of the 1982 budget adjustments. Motion carried unanimously. 2. Update on Landfill Expansion Proposal City Manager Jullie recommended that Donohue & Associates, Inc. be retained by the City as engineering experts to advise the City regarding technical aspects of the proposed landfill expansion. Fee would be based upon actual hours of service provided plus incidental expenses. All costs related thereto would be charged to an escrow deposit supplied by BFI at time of application. MOTION: Redpath moved, seconded by Bentley, to hire Donohue & Associates, Inc. as engineering experts as recommended by City Manager Jullie; to request a $20,000 escrow deposit from BFI to be used for consultant ser- vices; and to authorize Staff to obtain the necessary documentation prior to acceptance of BFI's application for expansion. Motion carried unanimousl y 3. Discussion of Richfield/Eden Prairie Combined Police Dispatching Captain Keith Wall was present to discuss the memorandum of December 18, 1981, regarding the issue of the police dispatching system. He noted the Richfield Police Department's philosophy of operation is very similar to that of the Eden Prairie Department and therefore their operations would be compatible. MOTION: Bentley moved, seconded by Redpath, to ask City Manager Jullie to write a letter to the City of Richfield requesting a Resolution from the Richfield City Council expressing their interest in establishing a joint powers operation regarding police dispatching. Once approval has been indicated by the City of Richfield, Staff should proceed with the selection of a consultant to conduct a feasibility study of a possible Richfield/Eden Prairie radio cluster arrangement. Motion carried unani- mously. X. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 11:03 p . m . Motion carried unanimously. These license ffirrlhe A lice have been approved by the department heads responsible eqactivity. PiT-S-611eT;-LIcensing -Cler 30ti CITY OF EDEN PRAIRIE CLERK'S'LICIINSE APPLICATION LIST February 16, 1982 CONTRACTOR (MULTI-FAMILY & COMM.) Robert Compton, Inc. Cramer-Weir, Inc. Dolphin Construction, Inc. C. F. Haglin & Sons Co. Herliev Helle Metro Metals,Inc. Midwest Shelters, Inc. Ryan Development, Inc. Williams & Williams Construction CONTRACTOR (1 & 2 FAMILY) Finnamore Building Corp. Freudenberg Construction Homestyles, Inc. Johnson-Reiland Construction Klink Construction Darley G. March Miller-Peterson Construction Minnesota Custom Decks Remodeling Schmidgall Contracting Smuckler Corporation TLE Construction Co. Robert Waade & Associates, Inc. Waters, Gluts & O'Brien Const. Woodland Homes, Inc. PLUMBING Backdahl & Olson Plumbing Consolidated Plumbing & Heating Doc's Plumbing Co. Dolder Plumbing & Heating Genz-Ryan Plumbing & Heating Gerry's Plumbing H. I. S. Plumbing Co. Raymond E. Haeg Plumbing Hayes Contractors Hopkins Plumbing & Heating Key Plumbing & Heating Klamm Mechanical Contractors Medicine Lake Mechanical Pokorney Plumbing & Heating Ri-Don Plumbing Spartan Mechanical, Inc. Stant Plumbing Thoen Plumbing HEATING & VENTILATING B & C Heating & Air Conditioning Consolidated Plumbing & Heating Co. General Sheet Metal Hayes Contractors Pokorney Plumbing & Heating Ryan Air Conditioning, Inc. Ray N. Welter Heating Co. GAS FITTER B & C Heating & Air Conditioning, Inc. Consolidated Plumbing & Heating Northern Propane Gas Co: Ray N. Welter Heating Co. WATER SOFTENER Corners Soft Water Co. SCAVENGER Schrader Block Co., Inc. SEPTIC SYSTEMS Lakeside Plumbing & Heating, Inc. VENDING MACHINES Viking Pioneer, Inc. PRIVATE KENNEL LICENSE Dennis Peterson COMMERCIAL KENNEL LICENSE Kingdale Kennels ON'ifte-tBOMBlig4444NSE 441hgfr..4eirAftemb& (-Preatip.M413A4mAilaa1) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-35 BE IT RESOLVED by the City Council of the City of Eden Prairie, the following persons have agreed to serve as election judges and are appointed for the Bond Referendum, March 16, 1982. *Indicates Precinct Chairperson. PRECINCT I *Meryl Glisczinski Delores Klein Bernadette Ploumen Joanne Ronski Sue Keller PRECINCT II *Sue Lane Ann Gay •Parker Aurelia Rasinski Barb Johnson Mary Upton PRECINCT III *Doris Johnson Ruth Mital Jan Anderson Barbara Walker Cheryl Bridge PRECINCT IV *Jinny Gibson Virginia Gartner Shirley Jellison Evelyn Rogers Howard Merriman PRECINCT V *Sharon Lynch Viola McLain Lorraine Larson Marlyn Lundeen Barbara Vanderploeg KING OF GLORY LUTHERAN CHURCH 7152 Ticonderoga Trail 15701 N. Lund Road 17040 S. Shore Lane 6630 Tartan Curve 6721 Lochanburn Road IMMANUEL LUTHERAN CHURCH 6961 Alpine Trail 16191 S. Hillcrest Court 7682 Superior Terrace 7660 Atherton Way 16163 Edenwood Drive FOREST HILLS ELEMENTARY SCHOOL 15415 Crown Drive 12762 Gordon Drive 6591 Manchester Lane 6640 Manchester Lane 7272 Gerard Drive EDEN PRAIRIE METHODIST CHURCH • 15737 Cedar Ridge Road 15701 Cedar Ridge Road 9560 Highview Drive 9100 Eden Prairie Road 9501 Highview Drive EDEN PRAIRIE PRESBYTERIAN CHURCH 11426 Leona Road 14224 Chestnut drive 8283 Mitchell Road 8381 Mitchell Road 8735 Leeward Circle 934-2195 934-9124 934-2391 934-4226 934-9482 937-1669 937-1532 937-8699 937-8994 937-2938 937-2287 944-3481 937-1271 937-2171 941-8104 937-1374 937-1595 934-0934 937-2992 934-0941 941-2792 937-1798 937-2255 937-9045 941-5363 c)7 John D. Frane, City Clerk SEAL Page two - Resolution No. 82-35 PRECINCT VI *Mildred Clark Marion Nesbitt Joy Brekke Barbara Higgins Laurina Reiss COUNTING CENTER Perry Forester Kent Barker Leo Rasinski SOUTH SUBURBAN HENNEPIN COUNTY VO-TECH 8779 Basswood Road 2701 Black Maple Drive 10091 Homeward Hills Road 11260 Windrow Drive 7024 Baker Road . . EDEN PRAIRIE CITY HALL 9505 Highview Drive 15801 Cedar Ridge Road 7682 Superior Terrace 941-3269 941-2387 941-4547 941-5273 937-8820 934-0938 937-1454 937-8699 1982. ADOPTED by the Eden Prairie City Council this 16th day of February, Wolfgang H. Penzel, Mayor ATTEST: MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Bob Lambert, Director of Community Services Stuart A. Fox, City Forester &,,F, February 10, 1982 Authorization to Advertise Sale and Removal of Schaitberger House at Riley Lake Park On August 18, 1982, the realignment of Riley Lake Road through the City Park was discussed and approved. The construction was started in November 1981 and will be completed this spring. The removal of the house is necessary to allow completion of the road realignment and new parking lots. The staff is seeking authorization to bid the sale and removal of this house, at 9235 Riley Lake Road, from the park property. SAF 310 February 16, 1982 MEMO TO: Mayor and City Council Members THROUGH: Carl J. Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: February 12, 1982 Please delete this item; it will be considered at a later date. EAD;sg Parks, Recreation and Natural Resources Commission Unapproved February 1, 1982 MEMBERS ABSENT: Austin Boulay a. Franlo Road Condominiums MOTION: Kingrey moved to recommend to the Council that a tot lot located equal distance between both buildings be constructed concurrent with the construction of the first building and be under the operation and maintenance of the homeowners association of the first phase. When the second phase association is formed, the two would assume mutual responsibility for the operation and maintenance of the tot tot. Friederichs seconded the motion and it carried--Jessen abstained. Planning Commission Minutes MEMBERS ABSENT: Torjesen -2- approved January 25, 1982 B. FRANLO ROAD CONDOMINIUMS, by Prairie Lakes Corporation. Request to preliminary plat and rezone approximately 13.3 acres from Rural to RM 2.5 for construction of two 3-story ' condominiums for a total of 172 units. Located west of Preserve Blvd. and north of Franlo Road. A public hearing . Bearman asked how much property is left in the City for mu l t i p l e h o u s i n g . T h e Planner replied that there is one more area near Neill Lak e i n T h e P r e s e r v e . H e stated that Doug Moe, of James R. Hill & Assoc., and Mr. La r r y P e t e r s o n o f T h e Preserve were present to give the presentation. Peterson reviewed the location; a library is planned for t h e s i t e t o t h e n o r t h , Franlo Road is on the south, and Preserve Blvd. is on the e a s t . H e s t a t e d t h a t he felt that residential housing will ultimately be condom i n i u m s b e c a u s e o f t h e economy. There will be two buildings each consisting of 86 u n i t s f o r a total of 172 units. The price range will be from $55,000 t o $ 6 5 , 0 0 0 a n d t h e r e will be underground parking. The Planner reviewed the staff report dated 1/22/82 and st a t e d t h a t t h e P a r k s , Recreation and Natural Resources Commission will be review i n g t h i s p r o p o s a l a n d will recommend one totlot be provided for the project. He s t a t e d t h a t t h e r e i s no major vegetation on the site presently, and that the pr o j e c t i s c o n s i s t e n t with the Comprehensive Guide Plan. Sutliff asked if there will be any roof-top mechanical equ i p m e n t , a n d i f s o , if it will be screened according to Ordinance requiremen t s . M o e r e l i e d t h a t there will be one area in the center which will consist o f p l u m b i n g v e n t s a n d dress chutes and will be enclosed. Marhula asked if the site to the south has been platted as s i n g l e f a m i l y . T h e Planner replied yes, but directly adjacent are'duplex lots: Marhula asked if there will be a grade problem for the prop e r t y t o t h e w e s t . T h e Planner replied yes. Marhula then asked if the property to t h e n o r t h ' s o w n e r i s anticipating grading. Peterson replied yes. Beaman asked how much lower the site is to the west. The P l a n n e r s t a t e d t h a t i t will not match the grade unless it was developed in a similar fashion. Bearman asked what building material will be used. Peterso n r e p l i e d b r i c k a n d wood. Moe stated that on the long extension of the buildin g s t h e b a l c o n i e s w i l l be wood with brick wing-walls. The buildings will basicall y b e b r i c k . Bcarman asked if any thought was made regarding the use of t h e s u n . M o e r e f i l l e d yes and stated that they are orientating the majority of th e u n i t s t o t h e s u n . Bearman asked the size of the units. Moe replied 1A-786 sq . f t ; 2 A - 1 0 5 0 sq. ft; 3A-1270-1375 sq. ft.; 38-1377 sq. ft. Price ranges would b e 1 A - m i d 5 0 ' s a n d 3 8 - high 60's. Bearman asked if the easement to the north has been settle d . P e t e r s o n r e p l i e d they have talked with the owners and expect no problems. Hallett asked if the owners of the condominium units will b e a s s e s s e d f o r the upgrading of Franlo Road. Peterson stated that the propon e n t w i l l p a y f o r i t before the units are owner-occupied. I Planning Commission Minutes -3, approved January 25, 1982 MOTION 1 NerhgrMoved to close the public hearing on Franlo Roa d C o n d o m i n i u m s . G a r t n e r seconded, motion carried 6-0. MOTION 2 Nerhula moved to recommend to the City Council approval o f t h e F r a n i ° R o a d C o n d o - miniums rezoning from Rural to RN 2.5 as per the material d a t e d 1 2 / 2 8 / 8 1 a n d t h e staff report dated 1/22/82 pending the assessments to be m a d e i n t h e d e v e l o p e r ' s agreement. Sutliff seconded. DISCUSSION Sutliff asked that 'All roof-top mechanical equipment be s c r e e n e d a c c o r d i n g t o Ordinance' be added as 1110 of the Staff report. Marhula a g r e e d . !IWO carried 6-0. MOTION 1 Marhula moved to recommend to the City Council approval o f t h e p r e l i t i n a T y p l a t for Franlo Road Condominiums dated 12/28/81 as per the s t a f f r e p o r t d a t e d 1 / 2 2 / 8 2 with the same additions as in motion 2. Sutliff seconded , m o t i o n c a r r i e d 6 - 0 . A $231CMANDU4 10: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: January 27, 1982 SUBJECT: Development Proposal Check List PROJECT: Franlo Road Condominiums PROPONENT: Prairie Lakes Corporation REQUEST: PUD Development Stlge FC?nning From Rural to RM ? G qmtl prelimia,ry rIttE. approval. LOCATION: Northwest corner of Preserve Blvd. and Franlo Road, BACKGROUND: See Planning Staff Report DattJ: PARK AND RECREATION PLANNING CONCERNS Multi-family residential 1. Type of development: 2. Number of units in residential development: 172 3. Number of acres in the project: 13.3 4. Special recreation space requirements: Totlot to serve pre-school age children within this project. S. Adjacent to any existing or proposed parks: N a. Affect on the park' N/A 6. Need for a mini park: No 7. Cash park fee or land dedication? Neither (within the P4servp Pun) a. If Cash park fee dedication, amount based on existing ordinance will total: N/A b. If park land dedication, the number of acres to be dedicated is N/A c. Existing or pending assessments or taxes on proposed park property total N/A and will be paid prior to dedication. 8. Adjacent to existing or proposed trails. . Adjacent to an existing trail on Preserve Blvd. a. Type of trails Multi Purpose b. Construction Material Asphalt c. Width of trail 8 feet d. Party responsible for construction Construction already completed a. Landownership of trail location: (dedicated, purchased, ROW) NATURAL RESOURCE PRESERVATION CONCERNS 1. Site grading plan considers natural amenities of the site? N/A Right-of-way 2. Most significant grading on the site: MOTO is approximately a 26 foot cut on the north end of the site and approximately 12 feet of fill on the south side. f'd 3. Significant vegetation on the site includes: N/A 1. The site grading plan, indicates preservation S. Adjacent to public waters:_a S. Affect on waters: REFERENCE OIECK 1. Major Center Area Study : Indicates this area as high density residential This neighborhood would be served by Preserve 2. Neighborhood Facilities Study: Neighborhood Park located less than a IA mile to the east. 3. Purgatory Creek Study . N/A 1. Shoreland Management Ordinance N/A S. Floodplain Ordinance .'N /A 6. Guide Plan. .Depicts this area as high density residential. 7. Other: RECOMIOMATIONS 1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project: 2. Planning Commission Recommendation: The Planning Commissio recommended approval as per the January 22, 1982 staff report. 3. ComityServices Staff Recomemistws:Community Services staff recommends approval as per the January 22, 1982 Planning Staff Report. 31(0 STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Commission Jean Johnson, Assistant Planner Chris Enger, Director of Planning January 22, 1982 FRANLO ROAD CONDOMINIUMS Northwest corner of Preserve Blvd. and Franlo Road Prairie Lakes Corporation Hennepin Realty and Ins. Corp. 1. PUD Development Stage 2. Rezoning from Rural to RN 2.5 3. Preliminary plat approval to divide 13.3 acres into 2 lots BACKGROUND The City Guide Plan depicts this site as high density residential. The 13.3 acres is presently zoned Rural. The Preserve PUD depicts the site as high density residential and a sign stating such has been posted at the site for several years. EXISTING SITE CHARACTER To the north of the site is a vacant regional commercial planned land, to the east is Preserve Blvd. and across Preserve Blvd. are the Northmark Ban-Con quads, to the south is Franlo Road and across Frani° Road are the proposed Darkenwald duplexes, to the west is large lot Rural zoned residences. These residences are situated on land guided for future neighborhood commercial. The 2 lots proposed for the Franlo Road Condos are approximately 630 feet in depth and the topography from the north 894' falls 62 feet to the south elevation of 832. There are no trees on the site and it has been farmed for hay. ORDINANCE REQUIREMENTS Ord. 135: Franlo Road Condos: min. lot size 25,000 sq. ft. 270,000 sq. ft. min. width and depth 150 feet min. 450 feet front setback 35 feet 80 feet min. side setback 25 feet Lot 1-28' Lot 2-20'*I rear setback 30 feet 90+ feet max. density 17 units/acre Lot 1-13.7 Lot 2-13.9 max. coverage 50% mult. story 50% max. height 45 feet 40 feet *I The site plan will have to be modified to accommodate a minimum of a 25 foot sideyard setback as required by orOinance. 31'1 Staff Report-Franlo Road Condos page 2 ORD. 141 - Parking: 1 enclosed 1 out/unit 218 enclosed 126 out* 2 total of 344 stalls Total of 344 *2 The plan proposes 126 outside parking spaces for the 172 units . T h e balance of 46 spaces are in underground parking. Since the p r o j e c t i s Ownershfp units and not rental, it is believed the underground p a r k i n g will be utilized PaAing lot and entrance drive lighting should not exceed 20 f e e t i n h e i g h t and be equipped with cut-off luminars. The preliminary landscaping plan submitted with the zoning and p l a t a p p l i - cation shows 5-6 foot high spruce and pine used to screen park i n g f r o m roads and 3" caliper deciduous varieties around the building . T h e s e p l a n t i n g schemes in conjunction with a heavier buffer along the north b o u n d a r y t o s c r e e n from differing adjacent land uses will be reviewed in detail p r i o r t o b u i l d i n g permit issuance. Staff suggested modifications are: 8' high ev e r g r e e n s a t the south end of the building and parking areas, plant material a l o n g t h e northern property boundary and heavier material along the Prese r v e B l v d . s i d e . GRADING As noted under Existing Site Character, the site has a 62 foot t o p o g r a p h i c d i f - ference from the north to south. Grading, as proposed by the p r o p o n e n t i n o r d e r to place the buildings upon this site, will involve cutting 18 - 2 4 ' v e r t i c a l l y from the north end and 60 feet horizontally onto the adjoinin g p r o p e r t y . T h i s soil will be used to fill the southern portion 6-14 feet in de p t h . This major grading operation will allow building placement and d r i v e w a y construction without extreme grades; and since the site has n o t r e e s , i t w i l l not entail removal of significant vegetation. But because grou n d c o v e r will be removed and unrestored slopes will cause erosion prob l e m s , i t i s important that erosion control uarriers as required by the wa t e r h e d b e installed and restoration be done immediately following gradi n g . R e s t o r a - tion upon slopes of 3:1 or greater should be with staked sod. Because grading is proposed on the property to the north, the p r o p o n e n t must submit to the City prior to final plat approval, the slope e a s e m e n t document allowing such grading on Mr. Anderson's property. I f t h e d e v e l o p - ment plan as proposed, 3:1 slopes, is not feasible, revised plans m u s t b e resubmitted to the Planning Commission for review and approva l . The 2 retaining walls near the northwest corner are 4 and 6 f e e t i n h e i g h t and within 10 feet of the adjacent property. For safety purpo s e s , a v e g - etative barrier or fence should be located along this area to d e l i n e a t e t h e retaining wall area. See figure 1. TRANSPORTATION he building upon Lot 1 has access to Preserve Blvd. and Franl o R o a d . The Preserve Blvd. access is across from Carraige Court which serve s t h e B a n - Con quads. The Franlo Road access occurs across from a vacant D a r k e n w a l d duplex lot. .518 Stiff Report-Franlo Road Condos page 3 The building upon Lot 2 must access onto Lot 1 to use the 2 access points. This will require cross easements between the 2 lots so traffic can cir- culate. Franlo Road is an older hai'd iurface City road. From this site it goes west and then north to connect to Schooner Blvd. Preserve Blvd. is 2 lanes wide with a sidewalk along the east side and is to be expanded to a four lane roadway. Preserve Blvd. runs north and south from Schooner Blv d . to Anderson Lakes Parkway. Aeditional sidewalk improvements will be reviewed with the Preserve Blvd. and Franlo Road future improvements. The developer should expect an asses s - ment when Franlo Road is upgraded. UTILITIES Preliminary engineering review of the utilities has been done. It is su g - gested that an on-site ponding area be used at the south end of the prop e r t y . It is required that the 1300' run between catch basins be redesigned so t h e distance does not exceed 500'. Sanitary sewer and water plans appear satisfactory. Detailed utility plans with design calculations must be submitted to the Engineeering Department for review and approval prior to any building pe r m i t Issuance. CASH PARK FEE As this proposal is within The Preserve, and their . land in lieu of cash has been met, no cash park fee is required. One totlot for the 172 units, 2 buildings, was approved in the previous Prairie Lakes projects (Prairie Lakes Condos and Preserve Condominiums ). No totlot is depicted on the Franlo Road Condos but will be required. The totlot use should be included in the required cross easement document. Pl a c e - ment of the totlot should be in a location as depicted on figure 1. RECOMMENDATIONS Planning Staff would recommend approval of the Franlo Road Condos zoning a n d plat request subject to the following: 1. The final site plan and final plat conform to ordinance requirements. 2. All parking lot and driveway lighting be no higher than 20 feet in height and equipped with cut-off luminars. 3. That a detailed landscaping plan incorporating the recommendations con- tained within this report be submitted for review and approval prior to building permit issuance. • JJ:ss 32 0 Staff Report-Franlo Road Condos' page 4 4. Prior to any site work, detailed grading and restoration plans must be approved by the City and Watershed District. All slopes of 3:1 or greater must be sodded and staked immediately after grading. 5. Owner be required to install a plant or fence barrier along the west side of the retaining wall. 6. Owner must submit to the City . Attorney for review and approval prior to final plat approval a cross easement document which allows cross access and joint use of facilities. 7. A totlot located equal distance between both buildings be constructed concurrent with the construction of the first building. 8. Detailed utility and design calculations must be submitted for review and approval prior to building permit iisuance. !hi ....... ...... 101IUM141 A:211101 ; stsestt 1. all • 4 S a I 11: Riga; area for totlot location 'retaining walls , • , 1 .:1;1 I ;•,:: :HANLO HOAD CONDOMINIUMS •nn • 1106.1.1., SITE PLAN MIAMI I MktrC0000411410.. "et lot Top JamesIZ. Hill, inc.. PLANNERS / ENGINEERS /SURVEYORS oinorw.SSIN 01n••••• FIGURE ' 1 321 -133HS F RAUL° ROA() CONDOMINIUMS CROSS SLCTION . James R. Hill, inc rtANNEns / CNOINVC ! StItha VCRS 39.2 DATE: 1/8/81 SHEET 2/ 1 % CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-.34 RESOLUTION APPROVING THE PRELIMINARY PLAT OF FRANLO ROAD CONDOMINIUMS BE IT RESOLVED.by the Eden Prairie City Council as follows: That the preliminary plat of Franlo Road Condominiums dated 12/28/81 , 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 P r a i r i e Zoning and Platting ordinances and amendments thereto and is h e r e i n approved. . ADOPTED by the Eden Prairie City Council on the -n day of 19 . Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL 3(1 February 16, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-36 RESOLUTION ORDERING IMPROVEMENTS 52-016A WHEREAS, a resolution of the City Council adopted the 19th day of January, 1982, fixed the 16th day of February, 1982, as the date for a public hearing on the following proposed improvments: 52-016A, Utility and street improvements for Autumn Woods Phase I and adjacent properties WHEREAS, all property owners whose property is liable to be assessed for the making of this improvment were given ten days published notice of the Council hearing through two weekly publications of the required notice and the hearing was held and property owners heard on the 16th day ofFebruary, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement as above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of Rieke Carroll Muller Assoc., Consulting Engineers. ADOPTED by the Eden Prairie City Council on February 5, 1982. Wolfgang H. Penzel Mayor ATTEST: SEAL John D. Frane, Clerk 9r, ?V. MEMO TO: Mayor and Council FROM: John Frame DATE: February 11, 1982 RE: Liquor license application for Abby's Restaurant. We have checked the plan submitted by the Rosenthal's for Abby's Restaurant and find it to be in conformance with our ordinance with respect to square footage and seating requirements. Mr. Pauly has indicated to us that there are no distances or other requirments relating to churches or schools in our ordinance or in State Statutes which would preclude the council from issuing a license. January 25, 1982 TO: Chief Hacking THROUGH: Captain Keith Wall FROM: Sgt. Les Bridger SUBJrCT: Liquor License Application We have completed the record checks and background investigation of all the principals listed on the application submitted by Abby's Restaurant Enterprises, Incorporated, intending to do business as Abby's Restaurant. There is no apparent reason for our Police Division to recommend denial of a liquor license for this establishment. Listed below are the agencies contacted to obtain background and character reference data. Aberdeen Police Department Alcohol, Tobacco and Special Taxes Bloomington Police Department Brooklyn Center Police Department Brown County Sheriff's Department (South Dakota) Bureau of Alcohol, Tabacco and Firearms Bureau of Criminal Apprehension - Contraband Bureau of Criminal Apprehension - OCIU Bureau of Criminal Apprehension - Records Bureau of Criminal Apprehension - South Dakota Carver County Sheriff's Department Chicago Police Department Cook County Sheriff's Department (Illinois) Columbia Heights Police Department Crystal Police Department Dakota County Sheriff Drug Enforcement Administration Department of Corrections Edina Police Eden Prairie Department of Public Safety Federal Bureau of Investigation Golden Valley Police Department Hennepin County Sheriff Internal Revenue Service Minneapolis Police Department Minnetonka Police Department Minnesota Attorney General Minnesota Liquor Control Ramsey County Sheriff Roseville Police Department 32619 . I. Chief Hacking January 25, 1982 Page 2 Richfield Police Department Robbinsdale Police Department Scott County Sheriff St. Anthony Police Department St. Louis Park Police Department St. Paul Police Department State of Illinois Crime Bureau United States Postal Service United States Secret Service Washington County Sheriff AFFIDAVITS OF GOOD CHARACTER 1. Ms. Eileen Schema, 7300 York Avenue South, Edina 2. Mr. Raymond Duffy, 420 West 56th Street; Minneapolis 3. Mr. Jeffrey Levy, 1235 Yale Place, #708, Minneapolis VILLAGE OF EDEN PRAIRIE, MINNESOTA IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE Part I - General Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink. If the application is by a natural person, by such person; if by a corporation, by an officer, thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. 1. Name of applicant (name of individual, partnership, corporation or association': Abby's Restaurant Enterprises. Inc, 2. Name under which applicant will be doing business (name of restaurant, hotel or club), business address and telephone number: Full Name Abby's Business Address 16506 West 78th Street, Village Mall Phone Eden Prairie MN IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH A COPY OF THE CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, CERTIFIED BY THE CLERK OF THE DISTRICT COURT. 3. Type of applicant: Individual X Corporation 4. Type of license applicant seeks? X On Sale Partnership Association or other Special Club 5(a). If applicant is an individual, state full name, residence and business address and telephone numbers. Full Name NOT APPLICABLE Residence Address Phone Business Address Phone (A Part II - Personal Information form mist be filled out and attached for this individual.) Residence Address Phone (A Part II - Personal Information form must be filled out and attached for this individual.) 6(a). If applicant is a partnership, state full name, residence and business address, telephone numbers, and interest of each member of the partnership. 1. Full Name NOT APPLICABLE Residence Address Business Address 2. Full Name Residence Address Business Address 3. Full Name Residence Address Business Address 4. Full Name Residence Address Business Address (A Part II - Personal Information form must be filled out and attached for each of these individuals.) (b). The managing partner will be: (c). The full name, residence address and telephone number of the manager, proprietor or other agent in charge of the partnership's premises to be licensed. Full Name Residence Address Phone (d). The interest of each partner in this business (A Part II - Personal Information form must be filled out and attached for this individual.) IF THE APPLICATION IS FOR A PARTNERSHIP, ATTACH A TRUE COPY OF THE PARTNERSHIP AGREEMENT AND A COPY OF THE CERTIFICATE OF TRADE NAME UNDER PROVISIONS OF CHAPTER 333, MINNESOTA STATUTES, CERTIFIED BY THE CLERK OF DISTRICT COURT. 7(a). If the applicant Is a corporation or association, give name of corporation or association, Eden Prairie address and phone number, and home office address and phone number. -2- .62(. 0 Interest Phone Phone Interest Phone Phone Interest Phone Phone Interest Phone Phone Full Name Abby's Restaurant Enterprises, Inc. Residence Address 15810 Corral Lane Phone 934-4905 (A Part II - Personal Information form must be filled out and attached for this individual.) IF THIS APPLICATION IS FOR A CORPORATION OR ASSOCIATION, ATTACH A TRUE COPY OF THE ARTICLES OF INCORPORATION OR ASSOCIATION AGREEMENT AND BY-LAWS AND, IF A FOREIGN CORPORATION, A CERTIFICATE OF AUTHORITY AS DESCRIBED IN CHAPTER 303, MINNESOTA STATUTES. 8(a). If the applicant is a club, name of club NOT APPLICABLE date that club was first incorporated place of such organization / present number of members ; the full names, position, residence address and phone number of all officers, executive committee and board of directors. 1. Full Name Residence Address Phone 2, Full Name Position Residence Address Phone 3, Full Name Position Position Phone Position 4. Full Name Residence Address 5. Full Name Residence Address 6. Full Name Residence Address 7. Full Name Residence Address B. Full Name Residence Address Phone Position Phone Position Phone Position Phone Position Phone Residence Address 9, Full Name Position Residence Address Phone Residence Address 14009 Frontier Lane Business Address 5100 Edina Industrial Phone 432-5074 Phone_ms.61166 10. Full Name Position Residence Address Phone (A Part II • Personal Information form must be filled out and attached fo r e a c h of these individuals.) (b). The full name, residence address and telephone number of the manage r , p r o p r i e t o r or other agent in charge of the club's premises to be licensed. Full Name Residence Address Phone (A Part II - Personal Information form must be filled out and attached fo r this individual.) IF nus APPLICATION IS FOR A CLUB, INCLUDE A TRUE COPY OF THE ARTICLES OF INCORPORATION AND BY-LAWS. THERE MUST BE SUBMITTED A SWORN STATEMENT THAT THE CLUB HAS BEEN IN EXISTENCE FOR MORE THAN FIFTEEN YEARS PR, IN THE EVENT THAT THE APPLI- CANT IS A CONGRESSIONALLY CHA R TERED VETERANS' ORGANIZATION, IN EXIS- TENCE FOR roRE THAN TEN YEARS PRIOR TO JANUARY 1, 1961. THE STATEMENT SHALL BE MADE BY A PERSON WO HAS PERSONAL KNOWLEDGE OF THE FACTS STATED THEREIN. IN THE EVENT THAT NO PERSON CAN MAKE SUCH A STATEMENT , SATISFACTORY DOCUMENTARY PROOF MAY BE SUBMITTED IN SUPPORT OF SUCH FACT S , 9. State the exact legal description of the premises to be licensed. (Applicant must also submit a plat plan of the area showing dimensions, lo c a t i o n of buildings, street access, parking facilities and the locations of and distances of buildings, street access, parking facilities and the locatio n s of and distances to the nearest church building and public school ground s . ) See lease and plan attached. 10. How are the premises classified under the Village of Eden Prairie zoning ordinance? Commercial 11. State full name, residence and business address and telephone numbers of o w n e r or owners of the building wherein the licensed business will be located, i f owner is other than the applicant. Eagle Enterprises, Inc. owned by: Full Name Lance Norderhus Residence Address 5409 Mt. Normandale Curve, Bloomington Phone 835-3724 Business Address 5100 Edina Industrial Blvd. Phone 835-6866 Full Name Del Einess -5- f 12. Where building is owned by other than applicant, state in summary conditions lease arrangement - term of years, monthly rental, etc. (A true copy of the lease shall be attached,) Lease term ends 1/31/87; base monthly rent is $1,425.00; landlord's consent to assignment will be supplied. 13. If building is owned by individual applicant, partnership, corporation of association, state: (a) Date purchased NOT APPLICABLE (b) Name and address of perscr; purchased from (c) Purchase price $ (0 Who currently holds mortgage? (g) Amount of Contract for Deed $ Contract for Deed? (i) Term of Mortgage ; (d) Amount of down payment $ (h) Who currently holds (j) Term of Contract for Deed (k) Rate of interest on Mortgage (1) Rate of interest on Contract for Deed (1) State the rate at which Mortgage and/or Contract for Deed is being liquidated (n) Are the payments on Mortgage and/or Contract for Deed up to date? 14. State the amount of the investment that the applicant has in the business premises, fixtures, furniture, stock in trade, etc. and attach supporting proof of the source of such money. Total investment is $200,000 as set forth in Purchase Agreement dated 11/12/81 (copy attached); financing institutation is First National Bank of Edina 15. Give full name, address, telephone nuTsber and the nature of the interest, amou.t thereof, terms for payment or other reirbursement, of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, or stock in trade. (This shall include, but no: be limited to, any lessees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors and persons who have co-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than 5 interest in the business, if a corporation). Stockholders of applicant are Abbott and Sharon Rosenthal, husband and wife; First National Bank of Edina is the lender secured by the assets of the business. The Rosenthals are guarantors of the obligation of Abby's Restaurant Enterprises, Inc. -6- '3 16)(9 IF THIS APPLICATION IS FOR PREMISES EIMER PLANNED OR UNDER CONSTRUCTION OR UNDERGOING SUBSTANTIAL ALTERATION, PIE APPLICATION SHALL BE ACCOMPANIED BY A SET OF PRELIMINARY PLANS SHOWING THE DESIGN OF THE PROPOSED PREMISES TO BE LICENSED. IF THE PLANS OR DESIGN ARE ON FILE WITH THE SUPERINTENDENT OF THE BUILDING DEPART- MENT, NO PLANS NEED BE FILED WITH THE APPLICATION. 16. State the floor number, general area, and rooms where intoxicating liquor is to be sold and consumed. (Applicant shall attach a floor plan showing dimensions and indicating number of persons intended to be served in the dining rooms, and indicating and identifying all other rooms and other areas where intoxicating liquor is to be sold and consumed.) See attached floor plan. 17. What permits required by the Federal government by the Laws of the United States have been applied for or issued for the premises? In what name were these applied for or issued and what is the nature of the permit? None 18. Vhat permits or licenses required by the State government by the Statutes have been applied for or issued for the premises? In what name were these applied for or issued and what is the nature of the permit or license? None 19. Are any real estate taxes, personal property taxes, special assessments, other financial claims of the Village of Eden Prairie delinquent or unpaid for the premises to be licensed? No If "yes", give details. 20. Is the premises located within 1000 feet of any public school? (This distance is as measured in a straight line from the parcel or lot upon which the business to be licensed is located to the nearest point of the parcel or lot upon which the public school is located.) No 21. Is the premises located within 1000 feet of any church? (This distance is as reasured in a straight line from the parcel or lot upon which the business to be licensed is located to the nearest point of the church building.) Yes -7- 22. If the premises is a hotel, is there a dining room, open to the public, with a minimum floor area of 900 square feet? Not applicable. 23. If the premises is a restaurant, is there a minimum floor area of 1200 square feet for dining, open to the general public? Yes 24. !lane, residence address, business address and telephone numbers Of three persv-s, residents of Vennepin County, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. 1. Name Eileen Schema Residence Address Business Address 2. Name Raymond Duffy 7300 York Avenue South Midland National Bank Phone 830-1119 Phone 372-7101 Residence Address 420 West 56th Street Phone 823-8618 Business Address 5754 Nicollet Avenue South Phone 8614,073 3. Name Jeffrey A. Levy Residence Address 1235 Yale Place, Apartment 708 Phone 375-1718 Business Address: 400 Midland Bank Building 333-6691 STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN Abbott Lee Rosenthal being first duly sworn, upon his oath deposes and says that he is the person who has executed the above application end that the statements made therein are true of his own knowledge and belief. /.. Signed (6442444...r-nee Subscribed and sworn to before me this /7 tlt day of November 19 8.1 . -8. eet.C.7 Notary Public, County My commission expires i..•••074••• • STEPHEN A. BARD movAny eueuc .soonisota HENNEPIN COUNTY CeMlIffineam ispwel MIS. *** CITY OF EDEN PRAIRIE, MINNESOTA IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE . PART II - Personal Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink by the sole owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises, by each person who by combined ownership or control has an interest in a corporation or association in excess of 5%. Date: ikNI4 • gaidot tkialKeY 56/...or) True Name: (Lait, First Middle) Qowal Lane- Eden Mw. Residence Address: (Number, Street, City, Safi) %I II 1; 2. 4. 931i-4905 3. Phone Number: ft te) Business Address: (Number, Street, City, 6. Aberdeen, $oteth D3Kot3 P/30/5L___ Place of Birth: (City, County, State) 7. Date of Birth(Mo,Day,Yr:T 8.. 5. Phone Number: U.S. Citizen? Naturalized? Yes if yes, give date and place: No 9. No If you have ever used or been known by a name or names other than the true name given in #1 above, list such name(s) and in #1 above, list such name(s) and information concerning dates and places where used. NAMES Dates, Places and Circumstances 10. Marital Status: Single Widowed Separated Married ;‹ Divorced 11. Tnrarried, true name, place and date of birth, & residence address of spouse: True Name: .'3915ertillal / AWD°11 E Le e- Place and date of birth: 00/41g. elliC856, iii/101 .5 Residence Address: iSb/0 &rat Lank, EdeiN ?rdijle. / V $. ( (Please fill out in Duplicate ) APPLICATION NO. DATE RECEIVED Fee Code 303.61 Investigating Fee Code 307.37 BY CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE License Period Ending December 31, 19e02.. 1, SharOIN Rmetn-itel. , as Oberaricera (Name Of person making application) o tier, officer, or partner) for and in behalf of Abbe& "RtsaraVaLl A bbe Te statoraxt k ...rdverense6,... , (Myself, names of par ers, na of corporation. or asso c i a t i o n ) a TURE'ERSOM MAKING APPLICATION) II ti, 42441w n -1 .) TITLE) (DATE) hereby submit this application for a at Intoxicating Liquor License for the hboblel (Name of v staurant, hotel or club) /6'g'treet 1 4.il ar 01)ie 10n-Sale or Special CInb) 32C t< 12. Are you a registered voter? If yes, where are you registered? Is your spouse a registered voter? If yes, where is spouse reigstered? No 4D No 13. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City_ and State 151/0 ' a()Yral Lane_ .1:iert 19raiyie,, hl,„1 7 fp- preseni Da7s ..393 /6711 AvE So MrIS, illw. /1/73 - 7430 536%- 0.20 2 a AV ESO Mpb. M. 4/73 //A3 A.2.Da G-tand AVE So Mpg, MN. MAL eZh-3 14. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Dates Jam, e_byrai kaile i Eder(4a4 ',it, , mt, . 7/0 - present 3453 ivot hoeSD, NI pls, Ma. A7y0 Wica hir. SD, Los?al-K, Mo. 15. Kind, name and location of every business or occupation you have been engaged in during preceding ten years. (Begin with present or last address and work back.) Location: Street Address Nature of business Business or occupation City and State v b or occupation WII).clilaTt5MrS t-.-An-LI-IontnNzinv (sE Main 4) .i Viditve% sap eani • 4&, oTonal6Q..- 7717 1,-1 16o LLer Prue ac eiz l iehAii .x. ttc.,6e 01 jPiv4e op ii Sio:b Fkr,E."):. 1114 "- S s : (0:011 SIZI:1:.1)a) lagr/Deist he- Worr..ect i crAcf Pa I . rtss reSs dtt, 4 1,1 I VS c DWI I 1> iti3 -Rdc4 e no DOI 16. Kind, name and location of very business or occupa on your spouse his been engaged in during the preceding ten years. (Begin with present or last one first and work back.) Location: Street Address Business or occupation City and State \Ah4ield Ratters St.4\14 c,1,5 0*_ (SC 11)dift SE) --eakivtor f t)u.4-Ctks ,a0 44 .31 i.x.AveSo. )10, I. barkndt+- 04-1-C‘- Ma*ithillios 17,7 h.1(c..0(i..-1- /4.0e •S, lAvls liti. Ear infrie tit. A'it:s 1 tia09 -2-.1.1-1,- octm.. Cb Ike 11.4. (2,A-4.-re-roteL .._. ....,, 103 - 71,p0 1958 /1/73 GuNaalia4agq's 11 Nature of business or ocaupation -3- 17. Names and addresses of your employers and partners, if an y , f o r t h e p r e c e d i n g ,ten years. (Begin with present or last one first and wor k b a c k . ) Names: .Employers or Partners Address: City and State Dates 18. Names and addresses of your spouse's employers and partner s , i f a n y , f o r t h e preceding ten years. (Begin with present or last one firs t a n d w o r k b a c k . ) Names: Employers or Partners Addresses: City and State Dates 19. Have you, your spouse, or a parent, brother, sister or chi l d o f e i t h e r o f y o u , ever been convicted of any felon crime or violation of any ordinance, other than traffic? Yes If yes, give information as to the time, place and offens e f o r w h i c h c o n v i c t i o n s were had. 20. Have you, your spouse, or a parent, brother, sister or c h i l d o f e i t h e r o f y o u , ever been engaged as an employee or in operating a saloo hotel, restaurant, cafe, tavern or other business of a similar nature. es No If yes, give information as to the time place and length of time. See "ft 16- ( tiq op LO. to tl-S + . eiD t_60,),(Netool J A- )-3--73 t.) -4- UK-GT -Pea( Demi7 21. Have you been in military service? Yes Q.9) If yes, was discharge(s) ever other than honorable? Yes No (Upon request, you may be required to exhibit all discharges.) 22. Names, residence address, business address, and telephone numbers of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law r who is a brother-in- law or sister-in-law of you or your spouse. 1. Full Name Relationship Residence Address Phone Business Address Phone 2. Full Name Relationship Phone Residence Address Business Address 3. Full Name Phone Relationship Residence Address Phone Business Address Phone 23. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of any such business? Yes 24. Are you directly or indirectly in rested in other establishments in the City of Eden Prairie to which a license of the same kind has been issued? (Refer to City Code, Section 158.10, for persons ineligible for license.) Yes 25. Are you the spouse of a person who would be ineligible for a license? (Refer to City Code, Section 1511,4p, for persons ineligible for license.) Yes 26. What is the amount of investment thatyou will have in the business, building, premises, fixtures, furniture, stock in trade, etc., and what was the source of such money? (You must be prepared to furnish proof of the source of such money.) itvr-04444A-Dervl ‘2K -Cc) FINK/GI NG— AO/kit-MAC aST atkIJK- ail1/4SA - A.Tr 0J -flow '), Notary Public, MY Commisssion Expires 19 W&tAit7h4 Signed: I 94 day of Pcrtf. 19 I 27. Have you had any interest in any previous intoxicating liquor license that was revoked, suspended or not renewed. Yes If yes, explain in detail. 28. Have you ever individually, or with others, made application for an intoxicating liquor license and had such application denied Yes If Yes, explain in detail. STATE OF Pt 10-I e-so-r A . COUNTY OF ss R -R0-41x-EIN1 , being first duly sworn upon his/ oath, desposes and says that he/she is the person who has executed the above Personal Information form and that the statements made therein are true of his/her own knowledge and belief. Subscribed and sworn to me before this HOWARD M. BARD 124 4. NOTARY PUBLIO • MiNNESOTA HENNEPIN COUNTY Cornmissoon E.pins AugI. VW CITY OF EDEN PRAIRIE, MINNESOTA IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE PART II - Personal Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink by the sole owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises, by each person who by combined ownership or control has an interest in a corporation or association in excess of 5%. Date: // 0- /I? --46;/ 2. rEa° COA-(249-e- 2...0A/C A) M41/12/C1)/S4. Residence Address: (Number, Street, City, State c 3. Phone Number: 4. c-541/e6- Business Address: (Number, Street,.City, State) 5. Phone Number: 6. C#/C-A -000 ., COW< ,..7-41.-/A/0/S --"Ct — . Place of Birth: (City, County, State) 7. Date of Birth(Mo,Day,Yr.) U.S. Citizen? Yes Naturalized? if yes, give date and place: 9. No If you have ever used or been known by a name or names other than the true name given in #1 above, list such name(s) and in #1 above, list such name(s) and information concerning dates and places where used. Dates, Places and Circumstances 1. ED5E5L)TWO4-1L_ Regorr- LEE ,rue Name: (Last, First Middle, NAMES Th NO) 10. Marital Status: Single Married X Widowed Divorced Separated If Married, true name, place and date of birth, & residence address of spouse: True Name: %.5;%/4/9-,20/0 P/VA.) RP.5457t)00 44-4... Place and date of birth: AbEtabeek.) cE• Al-- - 1 1. LI Residence Address: / tr-6-'/O CO/2.4.4‘.. 2At% 6z/eAl routki (Please fill out in Duplicate ) APPLICATION NO. DATE RECEIVED BY Fee Code 303.61 Investigating Fee Code 307.37 $ CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE LicensePeriod Ending December 31, 19 siVr77001. , as P4-Aritte*---47002. ( ame of person making application) (Individual owner, :officer, or partner) for and in behalf of spk-a. N kosewrbvki- iy leesr4ti4,01 , (Myself, names of partners, name of/corporAtiem2171000(Me [Mt '4.104i.15 (On-Sale or Special Club) Intoxicating Liquor License for the Abby .'s freesrm/ 4/9-Alr (Name of reSta ,ant, hotel or club) at / tr40 4 J, 14 /14R M (Street Address) ./ 8141ed. (SIGNATURE F ( PERSON MAKING APPLICATION) hereby submit this application for a TITLE) //—*/1•""Cil (IW.) 12. Are you a registered voter? (Yes') No If yes, where are you registered? Is your spouse a registered voter? If yes, where is spouse reigstered? ITIP La itod,Nor 13. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Dates 58-ID Co*-( L.A4)e- ED e-A.) team PA.6 1 . 6.41" fru/ So. Al f1.5 /Art It- 71 / Igo 27 D -n cA.. Ng S. St. a-, Pg.) Nu. 48' m 111'73 14. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Dates I 5J9le coaPAL. LA015 t=a4m, (E))2.4:11 ,,,chfo 1- Isz - P4-ettiatt - 1 19.1..- /roe, 37). ' 23 o 1- 7....24,4 1IN4...C -gaILk 4 1/1-4.•••- • 0 _ 1 3 to (1 -- 13 22:6 '2••• 41-a.A.A.41 Pio_ gb ts ikt.... /0_71. .1t) aL-13 15. Kind, name and location of every business or o cupation you have been engaged in during preceding ten years. (Begin with present or last address and work back.) Location: Street Address Nature of business Business or occupation City and State or occupation (YIA.0 41 . a i. .,_ot , 11) I A) FICLA PO ir a (2L 2 1 c, ' -.§-ii7: - /77 dli - t AJ 1.1 IlkftS • AU.% 2,tottk-6r '4.41.11Aue gb . glr.tif t Auk,. Ctl—OHA. -7-7 1 -7 t.3 k colt ti-o.Q6 S e • INPLE • 16. Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten years. (Begin with present or last one first and work back.) Location: Street Address City and State 2 11(el'41 4_01 S.E MAIN fvta., kis a ra Foot 'Foot E 13a.) Akt6141=4L. Business or occupation PI) rre124 Cit) t14-(144 Nature of business or occupation 14cL1t4t, to A 'Tilt% bePt• *FAL-- -2- IC? Nyes /OW Mg. . MSS 11 11 lOicOixe• hd‘ Co . Acmcoati M1, )ev4 rm4A-4108C 6J)M4- 4X1"-" ppeW, 11 -1- iitiSCONV ertV" wevrrkk c51-, MPaty1' litsetTAL RaiSrcOrd refi-Je refbtagb(Sr 17. Names and addresses of your employers and partners, if an y , f o r t h e p r e c e d i n g ,ten years. (Begin with present or last one first and w o r k b a c k . ) Names: Employers or Partners Address: City and State Oates 18. Names and addresses of your spouse's employers and partne r s , i f a n y , f o r t h e preceding ten years. (Begin with present or last one fi r s t a n d w o r k b a c k . ) Names: Employers or Partners Addresses: City and State Oates 19. Have you, your spouse, or a parent, brother, sister or chi l d o f e i t h e r o f y o u , ever been convicted of any felon re or violation of an y o r d i n a n c e , o t h e r than traffic? Yes If yes, give information as to the time, place and offens e f o r w h i c h c o n v i c t i o n s were had. 20. Have you, your spouse, or a parent, brother, sister or ch i l d o f e i t h e r o f y o u , ever been engaged as an employee or in operating a salopn T —hptel, restaurant, cafe, tavern or other business of a similar nature. ( )(In; No If yes, give information as to the time place and length of time. UtS reD P-OA.Y0 L-C,C.T4 tkli4 Q 6-3-7-loo"i )S. 21. Have you been in military service? Yes No If yes, was discharge(s) ever other than honorable? Yes No (Upon request, you may be required to exhibit all discharges.) 22. Names, residence address, business address, and telephone numbers of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law r who is a brother-in- law or Sister-in-law of you or your spouse. None 1. Full Name Relationship Phone Residence Address Business Address Phone 2. Full Name Relationship Residence Address Business Address 3. Full Name Relationship Residence Address Phone Business Address Phone Phone Phone 23. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of any such business? Yes 24. Are you directly or indirectly interested in other establishments in the City of Eden Prairie to which a license of the same kind has been issued? (Refer to City Code, Section 15 0, for persons ineligible for license.) Yes No 25. Are you the spouse of a person wh would be ineligible for a license? (Refer to City Code, Section 158 9, for persons ineligible for license.) Yes 26. What is the amount of investmen at you will have in the business, building, premises, fixtures, furniture, stock in trade, etc., and what was the source of such money? (You must be prepared to furnish proof of the source of such money.) h) 002.M/Fri /1/4.) AS Tb P. 10 NC.Ik)G- 1)4 Mae' acksJIC EDiNJA AfTrouTi i1/4) A -r nem 0 1 06 tt.I q -- tfcr Prac-s( 061-ir Signed: eihfiatY, Subscribed and sworn to me before this )(Z -q, day of Nbir. 19 VI, . HOWARD M. BARD NOTARY PLIOLIC • IINNNESOTA HENNEPIN COUNTY Mp Commtuert Winn MO. I. nie Notary Public, My Commisssion Expires 1401-0/-la 6')/t, County 19 . 27. Have you had any interest in any previous intoxicating li uor license that was revoked, suspended or not renewed. Yes No If yes, explain in detail. 28. Have you ever individually, or with others, made application for an intoxicating liquor license and had such application denied Yes If Yes, explain in detail. STATE OF k tu ot.-bo-r-14 COUNTY OF /42J00Ritj 1 ss , being first duly sworn upon his/her oath, desposes and says that he/she is the person who has executed the above Personal Information form and that the statements made therein are true of his/her own knowledge and belief. 3.7 61A, MEMORANDUM TO: Mayor and Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly, City Attorney DATE: February 8, 1982 RE: Location Limitations for Liquor Licenses Recently a question was raised as to restrictions on the location of licensed liquor establishments. Minnesota Statutes, Section 340.13(6) precludes the issuance of liquor licenses for premises located within areas restricted against commercial use by zoning ordinances. An exception to this exclusion permits a restaurant established before the zoning ordinance's inception to qualify for liquor licenses. Section 340.14(3) prohibits the sale of liquors in several places; including, within 1,000 feet of any state hospital, training school or any other institution under the supervision and control of the commissioner of public welfare. Also, an establishment may not sell liquor within 1,500 feet of a public school outside of a municipality. Eden Prairie Ordinance 202, Section 10, establishes places that are ineligible for liquor licenses. Subdivision (4) prohibits a liquor • license "for any place which has a common entrance or exit between any two establishments, except that a public concourse or public lobby shall not be constructed as a common entrance or exit." Subdivision 3 specifies certain internal space and seating requirements for an on-sale license for restaurants and hotels. 326 Ni $ 49,900 8,000 35,000 23,100 MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl Jullie SUBJECT: 1982 Budget Adjustments DATE: January 28, 1982 In anticipation of reductions in State and Federal Aids, the Council may wish to set a Public Hearing date (February 16) to consider amendments to the City's 1982 Budget. The currently estimated reductions in revenue are as follows: Reduced Local Government Aid: 11.03% x $452,000 Reduced Homestead Credit: 2% x $400,000 Reduced Tree Program 100% x $35,000 Reduced Federal Revenue Sharing 15% x $154,000 Note: As of this time, the AMM and League of Cities staff have not . received any notice of cuts in Revenue Sharing, but it may be prudent to assume a 15% cut - TOTAL ESTIMATED REVENUE LOST This anticipated loss in revenue could be offset by ordering the 1982 Budget program: 1. Delete the addition of new staff as follows: 1 part-time - Street Department $ 3,000 1 part-time - Park Maintenance 3,000 1/2 Police Officer 9,000 1 Mechanic 17,000 3/4 Building Inspector 15,000 $116,000 the following adjustments in $ 47,000 + benefits (12%) 6,000 $ 53,000 $ 53,000 4. In-Service Training($23,500)- travel & conferences $ 20,000 $ 20,000 $ 3,000 -$-:3;000 ,or and City Council -2- January 28, 1982 2. Department of Public Works: (Approved budget amounts) Dust oiling gravel roads ($9.000) $ 4,500 Seal coating ($55,000) 35,500 •$ 40;000 $40,000 3. Department of Community 'Services: Recreation ($137,900) - shift in instructor $ 6,000 assignments Park Planning438,100) - supplies & topo 1,400 - maps Adaptive Recreation ($4,800) - reduce scope 2,300 of program Senior Center ($10,400) - materials 400 Tree Program ($99,700) - stump removal and 7,000 skidder rental Park Maintenance ($165,000) - less fertilizer & seed 2,900 TOTAL ADJUSTMENTS '- $116,000 Attached for your reference is the AMM Bulletin of January 15, 1982, and the 1982 City Budget as adopted. I February 16, 1982 .,TE OF MINNESOTA TY OF EDEN PRAIRIE ' 4 ' OF HENNEPIN n-le following accounts were audited and allowed as follows: 9958 10379 10380 10381 10382 10383 10384 10385 10386 10387 10388 10389 10390 10391 10392 10393 10394 10395 10396 10397 1040 8 10400 10401 10402 10403 10404 10405 10406 10407 10408 10409 10410 10411 10412 10413 10414 10415 10416 10417 10418 10419 10420 10421 10422 10"3 lL _4 10425 10426 10427 10428 VOID OUT CHECK AUDIO KING MINNESOTA CHAPTER ASLA MIDWEST WINE CO. GRIGGS, COOPER & CO. TWIN CITY WINE CO. OLD PEORIA CO., INC. TWIN CITY WINE CO. ED. PHILLIPS & SONS INTERCONTINENTAL PACKAGING CO. THE LIQUOR HOUSE ST. PAUL T.V.I.- FABRIC TECH. STEPHEN SULLIVAN TREE INSPECTOR WORKSHOP PRAIRIE VILLAGE MALL ASSOCIATES SUBURBAN NATIONAL BANK PETTY CASH GOVERNMENT TRAINING SERVICE JOHNSON BROS. WHLS. LIQUOR CO. MIDWEST WINE CO. ED. PHILLIPS & SONS CO.: PAUSTIS & SONS TWIN CITY WINE CO. OLD PEORIA CO., INC. GRIGGS, COOPER & CO., INC. INTERCONTINENTAL PKG. CO . HAPPY TYME DISTRIBUTORS SNOWCREST SKI AREA SUPPLEE'S 7-HI ENTERPRISES, INC. FEDERAL RESERVE BANK COMMISSIONER OF REVENUE AETNA LIFE INSURANCE & ANNUITY CO. MINNESOTA STATE RETIREMENT SYSTEM. GREAT WEST LIFE ASSURANCE CO. UNITED WAY OF MPLS. PUBLIC EMPLOYEES RETIREMENT ASSN. INT'L UNION OF OPERATING ENGINEERS ARA SERVICES, INC. ACCUEASE SYSTEMS, INC. AFFILIATED EMERGENCY VET. SERVICES. AMERICAN LINEN SUPPLY CO. AMERICAN PUBLIC WORKS ASSN. BARBARA B. ANDERSON THE ASPHALT INSTITUTE ASPLUND COFFEE CO., INC. ASTLEFORD EQUIPMENT CO., INC. BSN CORPORATION BRIAN BERGSTROM BERRY AUTO & BODY INC. BUYER FORD TRUCKS VOID OUT CHECK . Seminar-Community Services Conference-Park Planning Wine Liquor Wine Wine Wine Liquor Wine Liquor Conference-Engineering Dept. Supplies-Park Planning Conference-Forestry Dept. Rent-P.V. Mall Liquor Store Change Fund-Community Center Expenses Fee-Manager Liquor Wine Liquor Wine Wine Liquor Liquor Wine Mixes Expenses-Ski Trip Rent-Preserve Liquor Store Payroll Payroll Payroll Payroll Payroll Payroll Payroll Payroll Bus Service-Recreation Dept. Forms-Community Center Service Service Dues Service-Board of Appeals Meetings Books-Engineering Dept. Supplies-Community Center Equipment Repair & Parts Tennis Nets-Park Maintenance Volley Ball Official Equipment Repair & Parts Equipment Repair & Parts (3•7!' , 20.0 45.01 1,540.11 5,312.F - 741.0. 572.4 569.1r :( ! 38.7 2,786.71 30.06 31.4 15.0:- : 2,089.5"., 25.07 ' 64.0 25.0: 2,839.: 393.1, 4,327.8: 702.4: . 1,321.4- 1,961.2 3,641.6 183.0 226.6 404.0 2,973.7 19,359.F 7,012.5 101.0 40.O 1,680.0 , ' 73.5 12,925.!' 392.0 210. 583. 45.0 8.4 , 132.o 45.0 5.( 108.: 260. 291.( 64.( 584. 317.( 2')/7 Page Two February 16, 1982 10429 I0 4( 10C, 10432 10433 10434 10435 10436 10437 10438 10439 10440 10441 10442 10443 10444 10445 10446 10447 10448 10449 10450 10451 10452 10453 10454 10( ; 104b6 10457 10458 10459 10460 10461 10462 10463 HOPKINS DODGE SALES, INC. 10464 HOPKINS PARTS CO. 10465 IMPERIAL INC. 10466 INTERDESIGN INC. 10467 INT'L ASSOCIATION OF ASSESSING 10468 IBM 10469 KARULF HARDWARE INC. 10470 TOM KEEFE 10471 KLEVE HEATING & AIR COND. INC. 10472 KOKESH ATHLETIC 10473 LA HASS MFGR. & SALES, INC. 10474 LANDCO EQUIPMENT, INC. 10475 M. E. "MICKY" LANE, INC. 10476 KIM LARSON 10477 LEEF BROS, INC. 10 4 78 LOGIS 1 9 M.P. H. INDUSTRIES, INC. 10480 MAGNEY CONSTRUCTION 10481 MARK'sEDEN PRAIRIE STANDARD 10482 MATT'S AUTO SERVICE, INC. 10483 MERIT PRINTING '1 184 METRO FONE COMMUNICATIONS, INC. BUTCH'S BAR SUPPLY CARGILL SALT DIVISION CARLSON STORE FIXTURE CO. CHANHASSEN LAWN & SPORTS COMMISSIONER OF TRANSPORTATION CLUTCH 7 U-JOINT BURNSVILLE, INC. COMMUNITY DANCE CENTER COPY EQUIPMENT INC. DENNIS COSGROVE CUTLER-MAGNER CO. WARD F. DAHLBERG DALCO DORHOLT PRINTING/STATIONERY INC. DRISKILL'S SUPER VALU DYNA SYSTEMS EDEN PRAIRIE SANITATION CO. EDEN PRAIRIE SCHOOL DST. # 272 CITY OF EDINA CHRISTOPHER M. ENGER FARMERS STEEL CO. FEED-RITE CONTROLS, INC. FINANCE AND COMMERCE FLYING CLOUD OIL CO. JAN FLYNN FOX, MC CUE & MURPHY GARWOOD-TWIN CITYIES TRUCK EQUIPMENT DANA GIBBS GLENROSE FLORAL & GIFT SHOPS GROSS INDUSTRIAL SERVICES HACH JACK HACKING HARMON GLASS CRAIG HOEL HOLMSTEN ICE RINKS, INC. Supplies Salt-Street Maintenance Equipment Repair Equipment Repair & Parts Service-Hwy #169 @ Henn. Vo-Tech Equipment Repair & Parts Exercise Classes Supplies Refund-Recreation Dept. Quicklime-Water Dept. Mileage Cleaning Supplies File Cabinet- Engineering Dept. Supplies-City Hall Equipment Parts Service December Fuel, January Custodial Test-Water Dept. Expenses Iron-Park Maintenance Sulfate-Water Dept. Subscription-Assessing Dept. Fuel-Street Maintenance Mileage Audit Equipment Repair & Parts Packet Delivery Services-City Hall Service Chlorine-Water Dept. Expenses Equipment Repair & Parts Refund-Recreation Dept. Polisher, Buffer, Skate Sharpener- Community Center Equipment Repair & Parts Equipment Parts Supplies-Water Dept. Service OFFICERS Dues-Assessing Dept. Typewriter-Community Center Supplies Basketball Official Equipment Repair-Senior Center Vests-Basketball Signals-Water Dept.;Supolies-Park Main. Hydraulic Tank Heater-Forestry Dept. Insurance Refund-Ski Lessons Service Service Radar-Police Dept. Service-Community Center Belt-Street Maintenance Towing Service Envelopes-City Hall February 1982-Service 2n`l 353.9r: 1,548.3 151.36 173.7 , 15,288.9: 329.6 11.7 , , 17.0 0 3,361.9 80.0 ; 2,247.K 253.9' 107.1c ; 90.5; ! 90.00 Service 4,639.9 ! 58.0 , 150.0 22.47 2,902.0 54.0 3,818.1 40., 729.6 570.4 2. 117.0 - 10.0( 66.3 150.3 14.9 341.6 10.5 4,901.7' 385.4 1,730.c 785.9 19,666.0 50.0 879.7 728.7 55.0 32.0 , 62.4 131.. 450.3 ' 52.0 I 37.0 1 161, I 2,000.( 1 1,089.c 84,153.0 9.( 134.1 376.i 149.t 23,068.4 80.0 5.0 i 202./1 853.1 17.( 7.0 1 25.0 2,024.; 3,673.F 16.( 25.f 38., 64.( 5,152.' 5.( 4.( 123.1 13. e Three • ,ruary 16, 1982 1u485 METROPOLITAN OFFICE EQUIPMENT CO. MINNEAPOLIS BUILDERS SUPPLY CO. MINNESOTA GAS CO. 10488 MINNESOTA MAYORS ASSN. 10489 MINNESOTA PLAYGROUND, INC. 10490 MRPA 10491 MRPA 10492 MINNESOTA STATE FIRE DEPARTMENT ASSN. 10493 MINNESOTA TORO, INC. 10494 MINNESOTA VALLEY GAS CO. 10495 MIRROR FACTORY 10496 MODERN TIRE CO. 10497 KEVIN MOREHOUSE 10498 SHARON MULDER 10499 NATIONWIDE LIGHTING, INC. 10500 NORTHWEST FILTER SUPPLY, INC. 10501 NORTHWESTERN NATIONAL BANK 10502 OFFICE PRODUCTS OF MINNESOTA INC. 10503 NANCY PEASE 10504 PLASTIC PRODUCTS 10505 PERBIX,HARVEY & THORFINNSON 10506 PRIOR LAKE AGGREGATES, INC. 10507 PARK AUTO UPHOLSTERY 10508 PRAIRIE OFFSET PRINTING, INC. 10509 KRISTIN PETERSON 10510 R & R SPECIALTIES INC. RICK RABENORT 10..2 RADIO SHACK 10513 RAINBOW MECHANICAL INC. 10514 RAPID COPY,INC. 10515 DAVID RAQUET 10516 FRED RAZAVI 10517 RECREONICS CORPORATION 10518 REGISTER MEDIA INC. 10519 RIDGE DOOR SALES 10520 RIEKE-CARROLL-MULLER ASSOCIATES, INC. 10521 MICHAEL ROBERTS 10522 RYAN'S RUBBER STAMPS 10523 SAILOR NEWSPAPERS, INC. 10524 SATELLITE INDUSTRIES, INC. 10525 AGNES T. SCHRUPP 10526 SUE SCHULZ 10527 KATHY SCHUMACKER 10528 SMILEY,GLOTTER ASSOCIATES, INC. 10529 W. GORDON SMITH CO. 10530 SON OF A PRINTER, INC. 10531 SOUTHWEST SUBURBAN FIRE LEAGUE 10532 SPORTS WORLD ' 33 STANDARD SPRING CO. lua34 STATE TREASURER 10535 STATE TREASURER 10536 RICHARD STAUB 10537 STEINS INC. 10538 STORAGE SPECIALTIES Office Equipment-Community Center 4,394.0r Carpet-Community Center 6,189.6! Service 580.8; Dues 10.0r Hockey Goals-Community Center 1,017.3; Fee-Recreation Dept. 130.0 , Fee-Recreation Dept. 120.0 Dues-Fire Dept. 165.0: Belt-Park Maintenance Fuel-Senior Citizen Building 382.!-; Mirrors-Community Center Equipment Repair & Parts 2,304.0 49.4, ; 4.0r ; Refund-Recreation Dept. ; Refund-Recreation Dept. Light Bulbs-Public Works 321.67 ! Supplies-Street Maintenance 147.1E- Bond Payment 338,707.0 Calculator-Preserve Liquor Store 177.0;: Refund-Recreation Dept. 25.0! A Membership Cards-Community Center 1,430.1: Legal Service 56.0: 1,003.3 Sand-Street Dept. 65.0 Car Repair 140.;' Forms-Community Center Refund-Recreation Dept. 4.L 1,412.3. . Rental Skates-Community Center 16.0! ; Fees-Police Dept. 11.1. ' Equipment Parts-Council Chambers 26,977.0' ; Service-Community Center 45.0 ; I. D. Cards 17.7. Equipment-Street Maintenance 143.0 Volleyball Official Equipment-Community Center 7,815.3 118.0 Ads-Liquor Stores Equipment Repair-Public Works 104.E , Service-Westwood Ind. Park, Autumn Woods, Sunquist Add.,Industrial Rd. Utilities, Valley View Rd., 70th St. Utilities, Schooner Blvd. Volleyball Official Stamp-Planning Dept. Ads-Liquor Stores Portable Restrooms-Park Dept. Refund-Recreation Dept. Mileage Test-Public Safety Dept. Service-Community Center Fuel Printing-Police Dept. Dues-Fire Dept. Supplies-Recreation Dept. Springs-Street Dept. Fourth Quarter Building Permit Fees Fee-Water Dept. Refund-Recreation Dept. Equipment Repair-City Hall Freight Charges-Fire Dept. 3Aq Page Four February 16, 1982 10-1 ,o 10541 10542 10543 10544 10545 10546 10547 10548 10549 10550 10551 10552 10553 10554 10555 10556 10557 10558 10559 10560 10561 10562 10563 1Z 1 labo5 10566 10567 10568 10569 10570 10571 10572 10573 10574 10575 10576 10577 10578 10579 10580 10581 10582 10583 10584 10585 10586 10587 10588 1 39 1(J90 10591 10592 10593 CHAD STUTELBERG SUBURBAN AUTO ELECTRIC, INC. BRIAN SULLIVAN SUPPLEE ENTERPRISES, INC. TOWNS EDGE FORD, INC. TRIARCO ARTS & CRAFTS DOUGLAS TRIPP UNIFORMS UNLIMITED UNITED LABORATORIES VALLEY EQUIPMENT CO. JODI VAN ROSSUM VOSS ELECTIRC SUPPLY CO. WATER PRODUCTS CO. WEAVER ELECTRIC CO.,INC. WEST WELD SUPPLY CO. WESTERN PLASTIC PRODUCTS XEROX CORPORATION ZIEGLER.INC. ORRIN ALT AMERICAN PLANNING ASSN. RON ANDERSON BARBAROSSA & SONS, INC. BROWN PHOTO CHANHASSEN AUTO PARTS COLE PUBLICATIONS CROWN RUBBER STAMP CO. EMPIRE-CROWN AUTO, INC LIZ HANSEN GENERAL COMMUNICATIONS, INC. HENNEPIN COUNTY TREASURER HUDSON MAP CO. MARCIA HUTSON JUDSON FAMILY CENTER KRAEMER'S HOME CENTER LANG, PAULY & GREGERSON, LTD. MEDICAL OXYGEN & EQUIPMENT CO. METROPOLITAN FIRE EQUIPMENT CO. MID-CENTRAL FIRE INC. MINNESOTA WANNER CO. NORTHERN STATES POWER CO. NORTHWESTERN BELL TELEPHONE PINK SUPPLY CORPORATION POWER BRAKE EQUIPMENT CO. QUAL-CHEM INDUSTRIES, INC. SHERIFF'S DEPARTMENT SOUTHWEST SUBURBAN PUBLISHING INC. SUBURBAN CHEVROLET CO. CARRIE TIETZ JOYCE CONLEY EUGENE A. DIETZ JACK HACKING BEER WHOLESALERS, INC. CAPITOL CITY DISTRIBUTING CO., INC. CITY CLUB DISTRIBUTING CO, INC. COCA COLA BOTTLING MIDWEST Refund-Recreation Dept. Equipment Parts-Street Maintenance Service-Recreation Dept. Supplies .Preserve Liquor Store Equipment Parts & Repair Supplies- Kids Korner Basketball Official Uniforms-Fire Dept. & Police Dept. Supplies-Water Dept. Filter-Park Maintenance Refund-Recreation Dept. Light Bulbs-Fire Dept. Equipment Parts-Water Dept. Service-Community Center Welding Rods-Street Maintenance Supplies-Community Center Service Equipment Parts-Street Maintenance Equipment Parts Dues-Planning Dept. Service-Police Dept. Service-Water Treatment Plant Film-Police Dept. Equipment Repair & Parts Book-Police Dept Desk Signs-Police Dept. Batteries-Steet Maintenance Expenses-Canine Equipment Repair & Parts Board of Prisoners Street Maps-Police Dept. Tests-Police Dept. Service-Police Dept. Supplies December 1981, Legal Service Oxygen-Fire Dept. Oxygen-Fire Dept. Boots and Coats-Fire Dept. Frame for Ladder Truck-Fire Dept. Service Service Cloth-Fire Dept. Flashers-Police & Fire Dept. Car Wash Powder-Fire Dept. Equipment Rental, December 1981 Bookings 424.1 Legal Ads 1,203.0 Equipment Repair & Parts 2,291.!. 21.r Service-Park Dept. ' 23.: Expenses 150.r Expenses Office Supplies-Police Dept. 4,299. Beer 112.1 Beer 3,742.; Beer 393.! Mixes 5.50 83.50 30.0: 26.6t 485.2 . 21.5! 66.0 1,512.2: 94.1 4 .4! 4.0, . 159.1. 314.7i 2,006.1 205.9 111.8' j 35.1. 17.4. 75.0 ! 150.0 99,182.` 48.' 1,579.2. i 115.01 46.5 7 ; j 20.0 642.0 960.0 . 15.9. 25.0 378.0 , 53.7 7,084.5 28.2 . 258.7: 3,630.0 25.n , 4,228.0 2,843.5. 134.1 250.c; 9;) • ge Five •ebroary 16, 1982 10594 DAY DISTRIBUTING CO. EAST SIDE BEVERAGE CO. GOLD MEDAL BEVERAGE CO. 10597 KIRSCH DISTRIBUTING CO. 10598 A. J. OGLE CO,INC. 10599 PEPSI-COLA/7-UP BOTTLING CO. 10600 THORPE DISTRIBUTING CO. 10601 PETTY CASH-PUBLIC SAFETY 10602 MINNESOTA STATE TREASURER 10603 JOHN FRANE Beer Beer Mixes Beer Beer Mixes Beer Expenses Certificates-Recreation Dept. Expenses 3,021.P' 6,843.1: 38.4r 218.6F 1,411.9: 460.F - 13,567.4;, 5.0F. 52.0C 163.1( TOTAL t831,910.7: Form 28 75 NOTICE OF APPOIN'TME,NT OF ASSISTANT WEED INSPECTOR FOR an, VILIAGE OR FOR TCWNSHIP TO: THE COMMISSIONER OF AGRICULTURE, ST. PAUL, MINNESOTA In accordance with Minnesota Statutes, 1973, Chapter 18.231, Paragraph 2 and 3, pertaining to assistant weed inspectors, I, of (Nam of Chairman) of (City, Village or Township) County, Minnesota, do hereby appoint Mr. Address Telephone No. to be Assistant Weed Inspector for the period beginning 19 (Month & Date) and continuing until such time as the Town Board or Mayor wishes to terminate said appointment, at a wage of $ per month, or $ per day, or $ per hour. This appointment confers on said appointee all the duties, authority and privilege s Of any local weed inspector as outlined by law. Signed:, (iayor) or Signed: (Chairman of Township Board) Date 19 Address SD: One copy to your County Agricultural Inspector. One copy to your local clerk. EDEN PRAIRIE FIRE DEPARTMENT 7801 MITCHELL ROAD EDEN PRAIRIE, MINNESOTA 55344 January 26, 1982 TO: City Manager City Finance Director City Council Re: Eden Prairie Fireman's Relief Association After working and meeting over the past year, we have completed our new bylaws, which have been approved by the members, and which we are now presenting to you for your discussion and approval. The major changes involve changing the retirement pension to $15 per month per year of service at age 50. For example, a fire fighter who served 20 years would get $300 a month. Under the previous bylaws, a fire fighter would get $40 a month after 20 years starting at age 55. The widows and dependents benefit is increased to $10 per month per year of service for the widow and $5 for minor children. The current maximum benefit is $60 a month. The disability benefit has been changed to cover a long term disability, whereas our current bylaws only paid for 26 weeks. The main emphasis has been to increase the retirement pension to a reasonable level and yet try not to put a financial burden on the City. As you can see from the enclosed financial reports, the State contribution and investment income are becoming fairly substantial. This should help the City's cost for its accrued liability to be kept at a reasonable level. Based on some tentative actuarial figures, the S70,000 the City budgeted last year and the $50,000 for this coming year should be fairly close. Sincerely, jr11:13 r vA, Skip Lane, Treasurer SL/an To: John Frane From: Skip Lane Date: February 11, 1982 Re: Fire Relief Associations by-laws request for Council approval The following communities provide 20 year benefit as indicated. Apple Valley Bloomington Brooklyn Park Edina Minnetonka New Hope $240.00 709.00 181.00 280.00 175.00 220.00 BYLAWS OF THE EDEN PRAIRIE FIREMEN'S RELIEF ASSOCIATION ARTICLE I Section 1. Any regular active member of the Eden Prairie Fire Department who is under thirty-seven years of age shall be eligible to apply for membership in this Association. Section 2. Application for membership may be made at any regular or special meeting of the board of trustees, and then laid over for one month for consideration. During this time, the board of trustees shall conduct an investigation to determine if the applicant, due to some medically determinable physical or mental impairment or condition, would constitute for the Association a predicatable and unwarranted risk of liability for benefit, a an age earlier than the minimum age specified for receipt of a service pension. If no such impairment or condition exists, the board of trustees shall appoint the applicant to membership in the Association. Section 3. Resignation or expulsion from the Eden Prairie Fire Department shall terminate the membership of the member so resigning or expelled provided, however, that any member who has served for at least the minimum number of years required by Article 8 of these bylaws for vesting of pension rights as an active member of the Eden Prairie Fire Department shall retain his membership in this Association, regardless of resignation or remo4al, subject to payment of dues and such other . regulations which may be from time to time imposed. Members on an approved leave of absence from the Eden Prairie Fire Department shall not be terminated. They shall not, however, be entitled to any benefits of membership in this Relief Association while on such leave, nor shall the time spent on such leave be credited as service as an active fire fighter for purposes of computing eligibility for Relief Association benefits. Section 4. Annual dues shall be $10.00 payable at the annual meeting of the Association. Members not paying dues within 30 days of the date of the annual meeting shall not be entitled to any benefits of membership nor shall they receive credit for their service as an active fire fighter for purposes of computing eligi- bility for Relief Association benefits for the time for which said dues remain unpaid. ARTICLE II Board of Trustees Section 1. The Board of Trustees shall be composed of 9 trustees, 6 of whom shall be elected for terms as specified in this Article, or until their respective successors have been elected and qualiEied, at the annual meeting of the Association from its members, and 3 statutory ex officio trustees; the Chief of the Eden Prairie Fire Department, the Mayor and the Clerk of the City of Eden Prairie. Section 2. At the first election following the adoption of these bylaws, 2 trustees shall be elected for terms of one year; two trustees shall be elected for terms of two years; and two trustees shall be elected for terms of three years. Thereafter, as their respective terms of office expire, two trustees shall be elected for three year terms at each annual meeting. If a vacancy, other than a vacancy caused by removal for cause of a trustee occurs during the term of office of any elected trustee, the remaining members of the board of trustees shall elect a member of the Association to serve for the unexpired term of the vacated position. Section 3. At the first meeting of the board of trustees held after the annual meeting of the members of the Association, the board shall elect, from the 6 trustees who have been elected by the members, a President, a Vice President, a Secretary and a Treasurer. Each of the officers shall serve in the position to which he was elected for a term of one year or until his successor has been elected and qualified. Section 4. A general trustee or officer may be removed for cause. Cause for removal shall include, but not be limited to, the breach of the duties as set forth in Articles II and III of these bylaws. One Or more of the trustees or officers may be removed at a meeting of the membership which is called for that purpose by a two-thirds vote of those present and voting at such meeting. Notice of the meeting at which removal is to be considered shall be given to each member and shall include the purpose of the meeting. The general trustee or officer shall be furnished with a statement of the particular charges at least five days before the meeting is to be held. At the meeting, the general trustee or officer shall be given an opportunity to be fully heard as to each charge. If a general trustee or officer is removed, his replacement shall be elected at the same meeting, and such replacement shall serve out the unexpired term of the removed general trustee or officer. Section 5. It shall be the duty of the board of trustees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the Association, and whenever loans or investments are made, to investigate and pass upon the securities offered and to attend to the drawing and execution of the necessary papers. The board shall order an audit of the books and accounts of the secretary and treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. Section 6. The investment of the funds of the Association shall be in the exclusive control of the board of trustees, in conformance with state statutes. Section 7. The members of the board shall act as trustees with a fiduciary obligation to the members of the Association, to the City of Eden Prairie and to the State of Minnesota. Article III Duties of Officers Section 1. It shall be the duty of the President to attend and to preside at all meetings of the Association and of the board of trustees. He shall enforce the due observance of the Articles of Incorporation and the bylaws and see that the officers properly perform the duties assigned to them. He shall sign all checks issued by the Treasurer and all other papers which require his signature. 33(, -2- He shall be a member of all committees except the aid commit t e e a n d h e s h a l l exercise careful supervision over the affairs of the Associ a t i o n . H e s h a l l receive such salary as may be fixed from time to time by the b o a r d o f t r u s t e e s , ( subject to approval of the association, and payable fro m t h e S p e c i a l F u n d o f the Association. Section 2. It shall be the duty of the Vice President to pe r f o r m t h e d u t i e s of the President in his absence. In the absences of both th e P r e s i d e n t a n d t h e Vice President, it shall be the duty of the Association to e l e c t a P r e s i d e n t Pro Tern, who shall perform the duties incident to the office . Section 3. It shall be the duty of the Secretary to keep a t r u e a n d a c c u r a t e record of the proceeding of all meetings of the Association a n d o f t h e b o a r d of trustees. He shall keep a correct record of all amendmen t s , a l t e r a t i o n s , a n d additions to the Articles of Incorporation or the bylaws in a s e p a r a t e b o o k f r o m the minute books of the Association. He shall cause due not i c e o f e l l s p e c i a l meetings of the Association of the board of trustees to be g i v e n . H e s h a l l k e e p a roll of membership, with the date of joining, resignation, d i s c h a r g e , l e a v e s o f absence, dues and assessments paid and relief or pensions f u r n i s h e d . H i s b o o k s shall at all times be open to inspection by the board of t r u s t e e s . H e s h a l l sign all orders for payment issued to the Treasurer, and jo i n t l y w i t h t h e Treasurer, prepare and file all reports and statements req u i r e d b y l a w . H e s h a l l receive such salary as may be fixed from time to time by th e b o a r d o f t r u s t e e s , subject to approval of the Association, and payable from th e S p e c i a l F u n d o f t h e Association. Section 4. It shall be the duty of the Treasurer to receiv e a l l f u n d s b e l o n g i n g to the Association. He shall keep separate and distinct ac c o u n t s o f t h e S p e c i a l and General Funds, and shall prepare and present to the boa r d o f t r u s t e e s a f u l l and detailed statement of the assets and liabilities of each f u n d a t e a c h m e e t i n g of the board of trustees, and prior to the annual meeting of t h e A s s o c i a t i o n . Failing in his obligations, he may be impeached from office a n d / o r e x p e l l e d f r o m the Association. He shall deliver to his successor in office , o r t o a n y c o m m i t t e e appointed by the board of trustees to receive the same, all m o n e y s , b o o k s , p a p e r s and other items pertaining to his office immediately upon th e e x p i r a t i o n o f h i s term of office. Prior to enteringupon the duties of his offi c e , h e s h a l l g i v e a bond in such amount and with such sureties as may be require d a n d a p p r o v e d b y t h e board of trustees, conditioned upon the faithful discharge o f h i s t r u s t a n d t h e faithful performance of the duties of his office, to be paid f o r f r o m t h e S p e c i a l Fund of the Association. Jointly with the Secretary, he shal l p r e p a r e a n d f i l e a l l reports and statements required by law. He shall receive su c h s a l a r y a s m a y b e fixed by the board of trustees from time to time, subject to a p p r o v a l o f t h e Association, and payable from the Special Fund of the Associ a t i o n . Section 5. There shall be an Aid Committee, composed of the V i c e P r e s i d e n t and two other members of the Association, who may not be mem b e r s o f t h e board of trustees, appointed by the President. The Vice Pre s i d e n t s h a l l b e t h e chairman of this committee. The duty of the committee shall b e t o m a k e p r o v i s i o n s for assistance to be rendered to each sick or disabled memb e r , a n d t o t h e s u r v i v o r s of any deceased member. ARTICLE IV Meetings Section 1. The annual meeting of the Association, for the e l e c t i o n o f t r u s t e e s , and other business, shall be held on the last Tuesday of Ja n u a r y i n e a c h year. If 4'31 , such day falls on a holiday, the annual meeting shall be held on the next following Tuesday. Section 2. The board of trustees shall meet at least 6 times during each year (minimum of six.) Section 3. Special meetings of the Association or of the board of trustees may be called by the President, or two members of the board of trustees, and shall also be called upon written request of six or more members of the Association. Members and trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be contained in such notice. Section 4. A majority of the board of trustees then in office, and forty percent of the members of the Association shall constitute quorums for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time,.which the Secretary shall make known to the affected members. Section 5. All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. Section 6. All meetings of the general membership shall be conducted according to Robert's Rules of Order, as revised. Section 7. The Order of Business at meetings of the general membership shall be: 1. Call to order 2. Roll call 3. Reading of minutes of previous meeting 4. Reading of reports and minutes of board of trustee's.meetings 5. Reports of officers 6. Propositions for membership 7. Reports of special committees 8. Unfinished business 9. Election of officers or trustees (annual meeting) 10. New business 11. Adjournment ARTICLE V Funds Section 1. The funds received by this Association from dues, fines, application fees, entertainments and other miscellaneous sources shall be kept in the General Fund of the Association, on the books of the Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare of the Association or its members, as authorized by a majority of the members present and voting at any annual or special meeting of the members. Section 2. All funds received by the Association from any tax sources, and all funds or property donated or granted to the Association for the benefit of this fund shall be kept at a Special Fund on the books of the Secretary and the Treasurer and shall not be disbursed for any purpose except those specifically authorized by law. 1,2:1 -4- Section 3. No disbursement of funds of this Associatio n s h a l l b e m a d e e x c e p t by checks drawn by the Treasurer and countersigned by t h e P r e s i d e n t . E x c e p t when issued for salaries, pensions, and other fixed ch a r g e s , t h e e x a c t a m o u n t of which has previously been determined and authorized b y t h e b o a r d o f t r u s t e e s (or members, in case of disbursement from the General Fund) no ch e c k s h a l l be issued until the claim to which it relates has been a p p r o v e d b y t h e b o a r d of trustees. Section 4. All money belonging to this Association sh a l l b e d e p o s i t e d t o t h e credit of this Association in such banks, trust compan i e s , s a v i n g s a n d l o a n associations or other depositories as the board of tru s t e e s m a y d e s i g n a t e . ARTICLE VI Application for Benefits Section 1. All applications for relief or pension ben e f i t s s h a l l b l m a d e i n writing on forms furnished by the Secretary. Section 2. All applications for disability benefits s h a l l b e s u b m i t t e d t o t h e board of trustees at a regular or special meeting of t h e b o a r d . T h e a p p l i c a t i o n shall be accompanied by a certificate from the attend i n g p h y s i c i a n o r S u r g e o n setting forth the nature of the illness or injury, th e c a u s e a n d d u r a t i o n t h e r e o f , the length of time the applicant has been unable to p e r f o r m a n y o f t h e d u t i e s connected with his regular occupation and those of a f i r e f i g h t e r , a n d a n e s t i m a t e of the time at which the applicant will be able to retu r n t o h i s r e g u l a r o c c u p a t i o n and to perform the duties of a firefighter. Section 3. All applications for pensions shall be subm i t t e d t o t h e b o a r d o f t r u s t e e s at a regular or special meeting of the board. Applicat i o n s s h a l l b e v e r i f i e d b y a n oath of the applicant and shall state the age of the ap p l i c a n t , t h e p e r i o d ( o r p e r i o d s ) of service in the date of retirement from active duty i n t h e E d e n P r a i r i e F i r e D e p a r t m e n t , the length of time he has been a member of the Associa t i o n , a n d s u c h o t h e r i n f o r m a t i o n as the board of trustees may require. Section 4. No benefits or pensions shall be paid until t h e a p p l i c a t i o n t h e r e f o r e has been approved by a majority vote of the board of t r u s t e e s . D e c i s i o n s o f t h e board shall be final as to the payment of such benefi t s o r p e n s i o n s . N o o t h e r benefits shall be paid to or on behalf of any member w h o h a s r e c e i v e d a s e r v i c e pension. ARTICLE VII Sick and Disability Benefits Section 1. If a member of this Association shall beco m e t o t a l l y a n d p e r m a n e n t l y disabled, to the extent that a surgeon or physician ac c e p t a b l e t o t h e b o a r d o f trustees shall certify that such disability will perm a n e n t l y i m p a i r t h e a b i l i t y o f said member to perform any substantial amount of work , l a b o r o r p r o f e s s i o n a l s e r v i c e unrelated to the ability to perform the duties of a f i r e f i g h t e r , t h e A s s o c i a t i o n shall pay to such member the sum of $15 per month for e a c h y e a r t h a t h e s e r v e d a s a n active member of the Eden Prairie Fire Department, to a m a x i m u m o f $ 4 5 0 p e r m o n t h . ARTICLE VIII Death Benefits and Pensions Section 1. In the event of the death of a member prior to r e t i r e m e n t , t h e VC) surviving spouse, if any, shall be paid until death or remarriage, the sum of $10 per month for each year of active service performed by such member in the Eden Prairie Fire Department, to a maximum of $300 per month. If such member leaves a surviving minor child or children in addition to a spouse, such child or children, in the ag- gregate, shall be paid monthly an additional $5 for each year of active service per- formed by the member, to a maximum of $150 per month. If such member is survived only by a minor child or children, the Association shall pay monthly, or toward the support of, such child or children the sum of $15 for each year of active service performed by the member, to a maximum of $450 per month. Such payment to or on behalf of minor children shall cease when the youngest surviving child reaches the age of 18 or marries, whichever event occurs first. Section 2. When a member has retained membership in the Association for at least 15 years, and has served as an active firefighter in the Eden Prairie Fire Department for 20 years or more, and has reached the age of 50 years or more, he shall be paid monthly until death the sum of $15 for each year that he served as an active member of said fire department, to a maximum of $450 per month. If a member of the Association has served as an active firefighter in the Eden Prairie Fire Department for 20 years or more and has been a member of the Association for 15 years or more, but has not reached the age of 50 years, he may retire from said fire department and be placed on the deferred pension roll. When he reaches the age of 50 years, he shall be paid monthly until death the sum of $15 for each year that he served as an active member of said fire department, to a maximum of $450 per month. During the time a member is on the deferred pension roll, he will not be eligible for any disability benefits as provided for in Article VII of these bylaws. Section 3. If a member shall have served in the Eden Prairie Fire Department for more than 15 years, but less than 20 years, he may retire from said fire deparment and be placed on the early vested pension roll. When he reaches the age of 50 years, and provided that at that time he has been a member of the Association for at least 10 years, he shall, upon application therefore, be paid in the following manner: (a) For active duty of 15 years or more, but less than 16 years, 80% of the amount per year of service which would have been earned, had the member served for 20 years or more. (b) For active duty of 16 years or more, but less than 20 years, 4% of the amount per year of service, which would have been earned, had the member served for 20 years or more, shall be added to all years of service for each additional year of service between 16 and 20 years. (c) The pension payable to the surviving spouse of a member who was on the early vested pension roll at the time of his death shall be two-thirds of the amount to which such member would have been entitled at age 50. If such a member is survived by a minor child or children, the total pension payable to all survivors shall not exceed the amount to which such member would have been entitled at age 50. A member who is on the early vested pension roll shall not be eligible for any disability benefits as provided for in Article VII of these bylaws. Section 4. For the purpose of determining eligibility for relief, the surviving spouse of a member must have been married to the member for at least one year prior to the member's retirement. The surviving spouse of a retired member who is receiving a pension or who is on a deferred status shall be paid monthly until death or re- marriage two-thirds of the amount to which the member was entitled before death. Section 5. For purposes of computing benefits or pensions payable under Articles VII and VIII a "year of service" shall be defined as a period of 12 full months of active duty in the Eden Prairie Fire Department, beginning on the date when the member became an active firefighter insaid fire department. If a member's period of active service has not been continuous, parts of years may be added together to compute full years. An active firefighter is defined as a probationary or regular member of the Eden Prairie Fire Department. '140 -6- on, President These bylaws were approved by the City Council of Eden Prairie on this of 1982. day Seccion 6. Benefits payable to a retired member or surivor shall be increased proportionately to the amount provided for by any increase which will be payable to a future recipient in the same classification. ARTICLE IX Amendments Section 1. The bylaws of this Association may be amended at any regular or special meeting thereof by a favorable vote of two-thirds of the members present and voting, provided that a quorum is present, and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than thirty-one days next preceding that upon Which such amendment or amendments are acted upon, and that a notice be mailed to each member at his last known address not less than ten days prior to such meeting, and provided further, that if such amendment or amendments shall change the amount of benefits or pensions, approval of the City Council of Eden Prairie must be obtained before such change may take effect. These bylaws were adopted by the membership on this 21st day of January, 1982 and, upon approval of the City Council of Eden Prairie, will supercede all prior bylaws of this Association. Eden Prairie Fireman's Relief Association Special Fund Operating Statement Year Ending December 31, 1980 Cash Accounts December 31, 1980 Checking Suburban National Savings Suburban National Liquid Capital Income Fund (LC:) Total Income Savings Account Interest LCI Fund Interest WIN Account Interest Stocks and Bond Investment Income Stocks Sold Matured Bond Minnesota State Aid Total Expenses Brokerage Fees Annual Audit Widow's Benefit - Carolyn Anderson Unearned Interest on Bonds Purchased Treasurers Bond Total $ 11.68 1,218.38 19,337.10 $ 20,567.16 $ 35.63 3,212,02 360.70 17,860.20 8,830.00 25,000.00 35,527.57 $ 90,826.12 $ 662.07 150.00 480.00 441.06 114.00 $ 1,847.13 Cash Balance December 31, 1981 $ 69,837.29 Cash Accounts December 31, 1981 Checking $ 7.68 Savings 1,074.37 LCI Fund 67,167.21 WIN Account 1,588.03 Total $ 69,837.29 Eden Prairie Firemen's Relief Association Special Fund Balance Sheet December 31, 1981 Assets Cash Checking Savings LCI Fund WIN Account Total Investments Stock Funds Adams Express TriContinental Total Stocks $ 7.68 1,074.37 67,167.21 1,588.03 $ 69,837.29 322 Shares $ 4,870.25 436 Shares 8,992.50 $ 13,862.75 AT&T Avon Boeing Burlington Northern Exxon GTE Illinois Power IBM 3M Minnesota Power & Light Northern Indiana Public Service Pepsico Royal Dutch Petroleum Super Value Texaco Union Pacific 100 Shares 300 Shares 100 Shares 100 Shares 300 Shares 100 Shares 206.722 Shares 100 Shares 100 Shares 200 Shares 200 Shares 100 Shares 200 Shares 200 Shares 200 Shares 100 Shares $ 5,875.00 9,000.00 2,250.00 5,362.50 9.375.00 3,200.00 4,263.64 5,687.50 5,400.00 3,575.00 2,200.00 3,637.50 6,975.00 3,925.00 6,625.00 5,200.00 Total $ 82,551.14 Bond Funds Mutual of Omaha 450 Shares $ 4,837.50 Total $ 4,837.50 3(13 Bonds Clark Equipment Commercial Credit Dayton Hudson Ford Motor Credit General Electric Credit Indianapolis Water IBM Interstate Power Northwest Banco Pacific Power & Light Pacific Telephone & Telegraph Tenneco Utah Power & Light Washington Water Power Federal Farm Credit Bank $10 M $ 9,562.50 $10 M 5,925.00 $ 2 M 1,425.00 $15 M 8,850.00 $ 5 M 4,000.00 $ 5 M 4,000.00 $10 M 8,600.00 $ 5 M 3,187.50 $ 5 M 2,550.00 $10 M 8,937.50 $10 M 8,650.00 $5,000 3,650.00 $5,000 1,850.00 $5,000 2,750.00 $5,000 5,081.25 Total $ 79,018.75 Total Assets $250,107.43 Liabilities Treasurers Pay Actuarial Services - Hewitt Associates Total Net Worth December 31, 1981 Market Value Net Worth with Bonds at Maturity Value $ 150.00 1,325.00 $ 1,475.00 $248,632.43 $278,088.68 City West PUD 2/10/82 PLANNED UNIT DEVELOPMENT AGREEMENT THIS PLANNED UNIT DEVELOPMENT AGREEMENT, made and entered into as of , 1982 by and between RICHARD W. ANDERSON, INC., a Minnesota corporation hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, the City has adopted Ordinance No. 135, the City of Eden Prairie Zoning Ordinance, (the Zoning Ordinance) pursuant to the provisions of the Minnesota Municipal Planning Act, Minnesota Statutes Section 462.352 and following sections (the Act); and WHEREAS, section 11 of the Zoning Ordinance provides for a Planned Unit Development procedure to preserve and provide a more desirable environment than would be possible under strict interpretation of the Zoning Ordinance or the Subdivision Regulations, Ordinances No. 93 (the Ordinances); and WHEREAS, the Owner has applied to the City for Planned Unit Develop- ment Concept approval, pursuant to the Zoning Ordinance and the Act, for planned and staged development of approximately 87 acres situated in Henn- epin County, State of Minnesota (more fully described in Exhibit A, attached hereto and made a part hereof, (the Property); and WHEREAS, Owner desires to develop the property to construct thereon office, commercial, and residential uses; and WHEREAS, the City has adopted Resolution No. 81-226 approving the Owners Planned Unit Development pursuant to the Ordinances and the Act, and amending the City's Guide Plan. 34.5- Developer's Agreement-City West PhD paqe,2 NOW THEREFORE, in consideration of the City adopting Re s o l u t i o n N o . 81-226, Owner covenants and agrees to construction up o n , d e v e l o p m e n t , a n d maintenance of said property as follows: 1. Owner shall plat and develop the property in conformanc e w i t h the material dated October 26, 1981 and November 17, 198 1 reviewed and approved by the City Council on November 17 , 1 9 8 1 a graphic representation of which is attached hereto as Exhibit B (the Submission Material), subject to such changes and modification as provided herein. Owner shall not d e v e l o p , construct upon or maintain the property in any other res p e c t or manner than provided herein. 2. Owner covenants and agrees to the performance and obser v a n c e by Owner at such times and in such manner as provided t h e r e i n of all of the terms, covenants, agreements, and conditi o n s set forth in Exhibit C, attached hereto and made a part hereof. 3. The City hereby agrees that the prooerty nay be develop e d i n stages. The City will, however, have no obligation to a p p r o v e of any development proposals for the property unless th e C i t y determines, in its sole discretion, that it is in the p u b l i c interest to do so and if such proposal conforms with t h i s Agreement and the Ordinances, and is consistent with Exhibit B. 4. Owner agrees to develop the Property in conformance wi t h t h e requirements of the Department of Natural Resources. 5. Owner shall make improvements to Co. Rd. 61 as require d b y t h e Hennepin County Transportation Department and accordin g t o t h e specifications of the City Engineer and Owner further ag r e e s t o comply with City assessment procedures. 6. Owner shall develop Office sites A and B, as depicted on Exhibit B, with buildings not to exceed 30 feet in height and no le s s t h a n eight buildings. 7. Prior to any grading on any portion of the property, Own e r s h a l l submit to the City development plans for such portion o f t h e property and obtain the City's approval thereof. All gr a d i n g a n d development on the property shall be in conformance with s u c h approved plans. 8. Owner shall final plat "A" street, as depicted on Exhibit B, as a public street in accordance with the recommendatio n s o f the City Engineer. 9. The City agrees that so long as total development size a n d d e n s i t y does not exceed the limits set forth in this Planned Un i t D e v e l o p - ment and the Ordinances are complied with, the density a n d s i z e of development on any individual site within the proper t y m a y 3‘15 Developer's Agreement-City West PuD page vary from those estimated in the Submission Material. However, the City will have no obligation to approve the development of any site in a manner or at a density which is not reasonably consistent with the Submission Material and Exhibit B. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE by Wolfgang H. Penzel, Mayor STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) by Carl J. Jullie, City Manager The foregoing instrument was acknowledged before me this day of , 1982 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, "'the City Manager of the City of Eden Prairie, a Minnesota municipal corp- oration on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) SS. • COUNTY OF HENNEPIN) RICHARD W. ANDERSON, INC. PIZ by Richard . Anderson, President The foregoing instrument was acknowledged before me this /Q day of , 1982 by Richard W. Anderson, President of Richard W. Anderson, Inc., a Minnesota corporation on behalf of the corporation. ,cr elean lo4mon NOW/ — oniNNESOTA NiNN..... ipur+IY My cc...1440n .pres July 3,1985 (Th - FIGURE 11 " . - - • ( / I • . '-''. A ,,,,,. , ---.% \ . . - . • N...... ( „.• •-•-...,./ •"-•:.---.1 ...-1. -,;;;---M-,----,-.--z-JC \ • • 1. ...... • • '-:'--7-\./f A l s'")-,..). Lf.-" ,.." ..-..7„.--,---„....:.:. -.... : \ • i .... -•.=...-.—,:z , . ;.\ : -. f (—... -,:•-• - I / • - . -." .. i . , i ,,,," %-... -.::•------.,.. - Development Concept wa. anon? 6.6c100161. OfSCO OnnC1/610.0661. CZ...6CM sd11010•16 trial SIMIECT RAM. 1J IC me SC. MAJOR OPEN 'SPACE Nel NIGH DENSITY SAE IDENTIAL I ; • site\D • oFnci\, • 11 not to exceed •','..'-k.5 ! . Ill ' ... _. \ -"7'. 'í. , /Tr' '2.4,0 , 000 sq.ft --__ '..,.;k . \"."' •..OFFiCE . Qf I bu ildi ng i . l site B _ K\ ; .. \ ,. rxit to excee t, k._ A33,000sq.ft. kk..-----,IA V., • %, OFFICE/ site I 1,./7 C 11/ REGIONAL 1/2' COMMERCIAL ,' ( JUNE 26, 11111 oo \\\\\\\\st • . • EXHIBIT B - Oct. 26, 1981 CITY WEST Th.t part of the following described pa r c e l l y i n g S o u t h e r l y 0 4 me 393.17 feet Northerly of, as measur e d a t a r i g h t a n g l l s to the South line of the North 'Half of t h e N o r t h w e s t Q u a r t e r , Section 1, Township 116, Range 22, Hen n e p i n C o u n t y , S t a t e o f Minnesota:. That part of the Northwest Quarter of t h e N o r t h w e s t • Quarter, .Section 1, Township 116, Rang e 2 2 l y i n g W e s t of a line drawn from a point On the No r t h l i n e o f s a i d Northwest Quarter of the Northwest Qua r t e r d i s t a n t • 282.5 feet East from the Northwest cor n e r o f s a i d Northwest Coy_rter of the Northwest Qua r t e r t o a p b i n t on the Souin line of said Northwest Qu a r t e r o f t h e Northwest C.arter distant 282.5 feet E a s t f r o m t h e Southwest corner of said Northwest Quar t e r o f t h e . Northwest Quarter. Except that part of said Tract which li e s W e s t o f a l i n e d r a w n '40 feet Bast of the, following described " L i n e A " : . Line "A": .Beginning at a pOint on the s o u t h l i n e o f Section 36, Township 117, .Range 22, dis t a n t 4 8 8 . 8 4 feet Easterly of the Southwest corner o f s a i d ( Section 36; thence run Southerly from s a i d l i n e a t a n angle of 95° 40' 48" as meksured from t h e W e s t t o S o u t h 1 for a distance of 1,638.23 feet to t h e a c t u a l p o i nt of beginning of the line, to be described; t h e n c e d e f l e c t ' to the right 180° for a distance of 84 0 f e e t t o a ! , point hereinafter referred to as Po i n t " A " ; t h e n c e continue Northerly for a distance of 2 0 0 f e e t a n d ..there terminating. . — That part of following described parOel lying Southe r l y of a line 30.17 feet Northerly of, AA measured at a right . angle to the South line of he North H a l f o f t h e N o r t h w e s t ' Quarter, Section 1, Township 116, 'Ran g e 2 2 , H e n n e p i n C o u n t y 1 State of Minnesota: . . o That part of the Northwest Quarter of t h e N o r t h w e s t Q u a r t e r , .Section 1, Township 116, Range 22, de's c r i b e d a s b e g i n n i n g a t a point on the South line.of said Nort h w e s t Q u a r t e r o f t h e . Northwest Quarter distant 282.5 feet Ea s t f r o m t h e S o u t h w e s t ' . . corner of said Northwest Quarter of the N o r t h w e s t Q u a r t e r ; thence East along said South line a distance of 557.5 feet;. thence North to a point on the North l i n e o f s a i d N o r t h w e s t Quarter of the Northwest Quarter dista n t 8 4 0 f d e t E a s t f r o m the Northwest corner of, said Northwest Q u a r t e r o f t h e . • Northwest Quarter; thence eest along sa i d N o r t h l i n e t o ' a , oint 577.37 feet East from the Nort h w e s t c o r n e r o f s a i d .,_ .. --__.--‘_-..4• Northwest -Quarter of the Northwest Qua r t e r ; t h e n c e S o u t h a t a right: .angle a distance of 40 feet; thence Sou t h w e s t e r l y , a distance of 309.07 feet along 'a curve w h i c h i s t a n g e n t i a l t b Exhibit A page 1 of 5 3 11 C L) a line parallel with said North line and concave to t h e ( -outheast and has a radius of 369.26 feet and a cen t r a l a n g l e 47 degrees 57 minutes 23 seconds; thence Southwes t e r l y , tangent to said curve to an intersection with li n e -drawn -- North from the point of beginning to a point on th e N o r t h line of said Northwest Quarter of the Northwest Qu a r t e r distant 282.5 feet East from the Northwest corner o f s a i d Northwest Quarter of the Northwest Quarter; thence S o u t h along the last described line to the point of begi n n i n g ; TRACT C: — That part of the following described parcel lying S o u t h e r l y of a line 393.17 feet Northerly of, .as .measured a t a r i g h t . an gle to, the South line of the .North Half of the Northwest Quarter, Section 1, Township 116, Range 22, Hennep i n C o u n t y , 'State of Minnesota: That part of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range 22, describ e d as beginning .at.a mint on the North line of said Northwest Quarter of the Northwest Quarter distant 8 4 0 . feet East from the Northwest corner of said Nor t h w e s t , Quarter of the Northwest Quarter; thence South to a point on the South line of said Northwest Quarter o f the Northwest Quarter distant 840 feet East from t h e Southwest corner of said Northwest Quarter of the Northwest Quarter; thence 'East along said South li n e a distance of 30.94 feet, more or less, to the Sou t h w e s t Corner of the East 63 acres of the North Half of t h e North w est Quarter .of said Section 1; thence North along the West line of the East 63 acres of said North H a l f . of the Northwest Quarter to the North line of said Northwest Quarter of the Northwest Quarter; thence W e s t along said North line a distance of 88.53 feet, m o r e or less, to the point of bdginn,ing, according to the GOvernment Survey thereof. Exhibit A page 2 of 5 „. TRACT D: %'- 1. .1.4 • • (.,at part . of the. Nest 20 acres of the East 63 acres of the . North Half of the Northwest Quarter, Section 1, Township 116, Range 22, Hennepin County; State of Minnesota lying Southerly of the Southerly right of way line of County Road No. 62, an4 iying(SoutherlY)of a line 393.1.7 feet Northerly of, as measured at a right angle to, the South line of the North Half of the Northwest Quarter, said Section 1. That part of the Southwest Quarter of the Northwest Quarter and of the West Half of the Southeast Quarter of the Northwes t Quarter of said Section 1, lying Easterly of the Easterly. line, .of Hennepin :County Highway No. 61, as defined in Document !No. 3788715, Office of the County Recorder, EXCEPT that part of the West Balf .of the Southeast Quarter of the Northwest iQuarter of Section 1, lying Southeasterly of the Northwesterl y 'right - of-way line of U. S. Trunk Highway No. 169, as defined in Document No. 3821860, Office of the County Recorder. That part of the Northwest Quarter of the Southwest Quarter o f said Section 1, lying Northeasterly of the Northeasterly • right-Of-Way line of Hennepin County Highway No. 61 as descri b c 4 -4-n-Doettme-n-t ---8-3--ice of the County Recorder and $(.ying Northerly of the Northerly line of U. S. Highway No. 1 as defined-in Document No. 3821860, Office of the County' Recorder, and lying Westerly of the following described line :Beginning at the Northeast corner of the Northwest Quarter. o f the Southwest Quarter of said Section 1;.thence Southerly ;along the East line of the Northwest Quarter of the Southwe s t 'Quarter a distance of 363 feet; thence deflecting to . the right 9 degress 53 minutes, a distance of 182.32 feet, more or less to the Northerly line of U. S. Highway No. 169. Th 4. North 363 -feet of the West 132 feet of the North'east Quarter of'the Southwest Quarter of Seaion 1, Township 116, .Range 22. That part of the West 132 feet of the Northeast Quarter of -the, Southwest Quarter of Section 1, Township 116, Range 22, lying Southerly of the North 363 feet thereof; and • That part of the Northwest Quarter of the Southwest Quarter said Section I described as follows: Comnencing at the Northeast corner of said Tract; thence South along the East line thereof 363 feet to the actual point.of beginning; then deflecting to the right at .an angle of 9 degrees 53 minutes distance of 297.15 feet to the centerline. of County Road . No. 61; thence Easterly along said center line 53.65 feet the East line of said Northwest Quarter of the Southwest •Quarte--; °thence Northerly along said East line to the actuzl point of beginning. Exhibit A page 3 of 5 3Y5 lc" • Except any part of tee above described two pe.rcels lying • Southerly of the following described .line: Beginning .at a Point on the East line of the West. 132 feet of the Northd'ast Quarter' of the Southwest • Quarter, said Section 1, distant 195 feet Southerly of the point of intersection of said East line with the • South line of the North 363 feet of the Northeast Quarter of •the Southwest Quarter; thence run South- westerly to a point distant. 55 feet Northwesterly (measured at right angles, of a point on Line A described below distah1 .410 feet Northwesterly of its point of beginning; thence run Westerly to the point of intersection of the West line of the second above described tract with a line run parallel with and distant 40 feet Northeasterly of said Line A and there terminating. Line A: From a point on the South line of said Section 1, distant 1152.72 feet East of the Southwest corner thereof, • run Northeasterly at an angle of 84 degrees 20' 15" • with said South Section line for 558.77 feet; thence deflect' to the right on a 1 degree 30' curve (delta angle 17 degrees 05' 59") for 1139.98 feet; thence on a tangent to said curve for 244.34 feet to the point of beginning Of the line to be described; thence deflect to the left at an angle of 101 degrees 52' 10" for 600 feet and there terminating.' • The East 1/2 of the Southeast 1/4 of the Northwest 1/4, Section 1, Township 116 North, Range 22 West of the 5th Principal Meridian, which ri -e-t-Northwesterly of the tolIowin described line: , . Beginning at a point on the South line of the Southeast Quarter of the Northwest Quarter of said Section 1, distant ;300 feet East of the Southwest corner thereof; thence run ;Northeasterly to a point distant 300 feet Northwesterly, as ;measured at a right angle, from a point on Line A, as. •described below, distant 1(150 feet Southwesterly of its point of termination; thence run Northeasterly to a point on the East line bf the above described tract distant 356 feet' Northerly of said East line's intersection with Line A and there terminating. Line A: Beginning at a point on the South line of said Section .1 distant 1152.72 feet East of the Southwest corner thereof; thence run Northeasterly at an angle of 95 degrees, 39 minutes, 45 seconds with said South section line for a distance of 558.77 feet; thence deflect to the right on a 1 degree, 30 minute curve (delta .angle -17 -degreei,--,:5 minutes, 59 seconds) for a distance of 1139.98 feet; thence on tangent to said curve 'Or a distance.of 2466.34 feet and there terminating; according to theUnited States Government Survey thereof and eituxte in-Hennepin County, Minnesota. Exhibit A Page 4 of 5" Vain it Exhibit A page 5 of 5 % 595'14 .That part of the Northeast Quarter of the Southwe s t Q u a r t e r o f S e c t i o n 1 , Township 116, Range 22, lying easterly of the wes t 1 3 2 . 0 0 f e e t o f s a i d Quarter Quarter and northerly of a line running f r o m a p o i n t o n t h e n o r t h ling of said Quarter Quarter distant 450.00 easte r l y f r o m t h e n o r t h w e s t rnrner of_said Quarter Quarter to a point on the east lin e o f s a i d w e s t 132.00 feet distant 460.00 feet southerly from th e n o r t h e a s t c o r n e r o f said west 132.00 feet. And that part of the West Half of the Southeast Qua r t e r o f t h e N o r t h w e s t Quarter of said Section 1, lying soutfieasterly of t h e w e s t e r l y r i g h t o f way line of U.S. Highway No. 169 as described in D o c u m e n t N o . 3 8 2 1 8 6 0 , Office of the Hennepin County Recorder. . DEVELOPER'S AGREEMENT EXHIBITC page I of 5 I. Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, no 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 Nine Mile Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. Owner shall pay cash park fee 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 $1400 per zoned acre of office and commercial and $250 per unit for residential zoning. The amount to be paid by Owner shall be in- creased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be • dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. 1/E Page 2 of 5 Exhibit C V. A. All sanitary sewer, water-m a i n a n d s t o r m s e w e r f a c i l i t i e s , c o n c r e t e curb, gutters, sidewalks an d o t h e r p u b l i c u t i l i t i e s ( " i m p r o v e m e n t s " ) to be made and constructed o n o r w i t h i n t h e p r o p e r t y a n d d e d i c a t e d to the City shall be designed i n c o m p l i a n c e w i t h C i t y s t a n d a r d s b y a registered professional eng i n e e r a n d s u b m i t t e d t o t h e C i t y E n g i n - eer for approval. All of t h e i m p r o v e m e n t s s h a l l b e c o m p l e t e d b y Owner & acceptable to the C i t y E n g i n e e r a n d s h a l l b e f r e e a n d clear of any lien, claim, charge or e n c u m b r a n c e , i n c l u d i n g a n y f o r w o r k , labor or services rendered i n c o n n e c t i o n t h e r e w i t h o r m a t e r i a l or equipment supplied therefo r e o n o r b e f o r e t h e l a t e r o f , 2 y e a r s from the date hereof or , 19 Upon com- pletion and acceptance, Ow n e r w a r r a n t s a n d g u a r a n t e e s t h e i m p r o v e - ments against any defect i n m a t e r i a l s o r w o r k m a n s h i p f o r a p e r i o d of' two (2) years following said c o m p l e t i o n a n d a c c e p t a n c e . In the event of any defect in mat e r i a l s o r w o r k m a n s h i p w i t h i n s a i d 2 year period warranty and g u a r a n t e e s h a l l b e f o r a p e r i o d o f t h r e e (3) years following said c o m p l e t i o n a n d a c c e p t a n c e . D e f e c t s i n material or workmanship sha l l b e d e t e r m i n e d b y t h e C i t y E n g i n e e r . Acceptance of improvements b y t h e C i t y E n g i n e e r m a y b e s u b j e c t t o such conditions as he may i m p o s e a t t h e t i m e o f a c c e p t a n c e . O w n e r , through his engineer, shal l p r o v i d e f o r c o m p e t e n t d a i l y i n s p e c t i o n during the construction of a l l i m p r o v e m e n t s . A s - b u i l t d r a w i n g s with service and valve ties o n r e p r o d u c e a b l e m y l a r s h a l l b e d e l i v e r - ed to the City Engineer wit h i n 6 0 d a y s o f c o m p l e t i o n t h e r e o f t o - gether with a written state m e n t f r o m a r e g i s t e r e d e n g i n e e r t h a t all improvements have been com p l e t e d , i n s p e c t e d a n d t e s t e d i n a c c o r d a n c e with City-approved plans a n d s p e c i f i c a t i o n s . P r i o r t o f i n a l p l a t approval, or issuance of a n y b u i l d i n g p e r m i t , i f n o f i n a l p l a t i s required, Owner shall: Submit a bond or letter of c r e d i t w h i c h g u a r a n t e e s c o m - pletion of all improvements w i t h i n t h e t i m e s p r o v i d e d , upon the conditions, and in a c c o r d a n c e w i t h t h e t e r m s of this subparagraph V. A. , i n c l u d i n g b u t n o t l i m i t e d to, a guarantee against defects i n m a t e r i a l s o r w o r k - manship for a period of tw o ( 2 ) y e a r s f o l l o w i n g c o m - pletion and acceptance of t h e i m p r o v e m e n t s b y t h e C i t y Engineer. The amount of the h b o n d o r l e t t e r o f c r e d i t shall be 125% of Uri, estim a t e d c o n s t r u c t i o n c o s t of said improvements, subject t o r e d u c t i o n t h e r e o f t o a n amount equal to 25% of the c o s t o f t h e i m p r o v e m e n t s *after acceptance thereof b y t h e C i t y E n g i n e e r , a n d r e - ceipt of as-built drawings . T h e b o n d o r l e t t e r o f credit shall be in such fo r m a n d c o n t a i n s u c h o t h e r provisions and terms as ma y b e r e q u i r e d b y t h e C i t y Engineer. The Owner's regis t e r e d e n g i n e e r s h a l l m a k e and submit for approval to t h e C i t y E n g i n e e r a w r i t t e n estimate of the costs of the improvements. S. In lieu of the obligation impo s e d b y s u b p a r a g r a p h V . A . a b o v e , O w n e r may submit a 100% petition s i g n e d b y a l l o w n e r s o f t h e p r o p e r t y , r e - questing the City to insta l l t h e i m p r o v e m e n t s . U p o n a p p r o v a l by the City Council, the City may cause s a i d i m p r o v e m e n t s t o b e m a d e and special assessments for al l c o s t s f o r s a i d i m p r o v e m e n t s w i l l b e levied on the property, ex c e p t a n y p r o p e r t y w h i c h i s o r s h a l l be ded- 315-.7- 1/80 6/81 4/ page 3 of 5 Exhibit C icated to the public, over a f i v e y e a r p e r i o d . P r i o r t o t h e a w a r d of any contract by the Cit y f o r t h e c o n s t r u c t i o n o f a n y i m p r o v e - ments, Owner shall have en t e r e d i n t o a c o n t r a c t f o r r o u g h g r a d i n g of streets included in the i m p r o v e m e n t s t o a f i n i s h e d s u b g r a d e elevation. Contractor's ob l i g a t i o n w i t h r e s p e c t t o t h e r o u g h grading work shall be secur e d b y a b o n d o r l e t t e r o f c r e d i t w h i c h shall guarantee completion, a n d p a y m e n t f o r a l l l a b o r a n d m a t e r - ials expended in connecti o n w i t h t h e r o u g h g r a d i n g . T h e a m o u n t of the bond or letter of cr e d i t s h a l l b e 1 2 5 % o f t h e c o s t o f s u c h rough grading and shall be i n s u c h f o r m a n d c o n t a i n s u c h f u r t h e r terms as may be required by the City Engine e r . C. Prior to release of fin a l p l a t , O w n e r s h a l l p a y t o C i t y f e e s f o r first 3 year street lighti n g ( p u b l i c s t r e e t s ) e n g i n e e r i n g r e - view and street signs. VI. A. Owner shall remove all s o i l , a n d d e b r i s f r o m , a n d c l e a n , a l l s t r e e t s within, the property at lea s t e v e r y t w o m o n t h s , ( o r w i t h i n o n e w e e k from the date of any reque s t b y C i t y ) , d u r i n g t h e p e r i o d c o m m e n c i n g May 1 and ending October 3 1 , o f e a c h y e a r , u n t i l s u c h t i m e a s s u c h streets and improvements t h e r e i n a r e a c c e p t e d f o r o w n e r s h i p a n d maintenance by City. Prior to City accepting st r e e t s a n d i m p r o v e m e n t s , O w n e r s h a l l h a v e restored all boulevards acc o r d i n g t o t h e o b l i g a t i o n s c o n t a i n e d within paragraph VI B. B. Within 20 days of installa t i o n o f u t i l i t i e s a n d s t r e e t c u r b i n a n y portion of the property (if s a i d t i m e o c c u r s b e t w e e n M a y 1 a n d October 31 of any year) Ow n e r s h a l l s o d ( s e c u r e d w i t h a m i n i m u m o f 2 stakes per roll of sod) t h a t p a r t o f t h e p r o p e r t y l y i n g b e t w e e n said curb and a line 18+ i n c h e s m e a s u r e d p e r p e n d i c u l a r w i t h t h e . curb or in lieu of said s o d , p l a c e a f i b e r b l a n k e t w i t h s e e d a p - proved by the City (secure d w i t h s t a k e s a m a x i m u m o f 6 f e e t a p a r t ) . Either sod or fiber must be p l a c b d u p o n a minimum of 4 inches of topsoil. The topsoil shall b e l e v e l w i t h t h e t o p o f t h e c u r b a t t h e curb line and rise )1" for e a c h f o o t f r o m t h e c u r b l i n e . Owner shall maintain the s o d , f i b e r b l a n k e t , t o p s o i l , a n d g r a d e until such time as the stre e t s a n d i m p r o v e m e n t s i n t h e p r o p e r t y a r e accepted for ownership and m a i n t e n a n c e b y C i t y . Owner shall also sod all d r a i n a g e s w a l e s s e r v i n g e a c h 1 . 5 a c r e s a minimum distance of 6 feet o n e i t h e r s i d e o f t h e c e n t e r o f t h e swale. • C. The bond or letter of credi t p r o v i d e d i n p a r a g r a p h V A. hereof shall also guarantee,the pe r f o r m a n c e o f O w n e r ' s o b l i g a t i o n s u n d e r this paragraph VI. VII. If Owner fails to proceed i n a c c o r d a n c e w i t h t h i s A g r e e m e n t w i t h i n 2 4 months of the date hereof, O w n e r f o r i t s e l f , i t s s u c c e s s o r s , a n d a s s i g n s nf cnid property to Rural. 1/80 6/81 page 4 of 5 Exhibit C VIII. Provisions of this Agreement shall be binding upon and e n f o r c e a b l e a g a i n s t Owner, its successors, and assigns of the property herei n d e s c r i b e d . IX. Owner represents and warrants it owns fee title to the p r o p e r t y f r e e • and clear of mortgages, liens, and other encumbrances, e x c e p t : . X. In the event there are or will be constructed on the property , 2 o r m o r e streets, and if permanent street signs have not been ins t a l l e d , O w n e r shall install temporary street signs in accordance with re c o m m e n d a t i o n s of the City Building Department, prior to the issuance o f a n y p e r m i t to build upon the property. XI. All improvements including grading, seeding, planting, lan d s c a p i n g , equiping, and 'constructing of any structure to or upon a n y o f t h e property or other lands to be conveyed or dedicated to the C i t y o r for which an easement is to be given to the City for park o r o t h e r recreational purposes, shall be completed by Owner and acc e p t a n c e t o the Director of Community Services and shall be free and c l e a r o f a n y lien, claim, change, or encumbrance, including any for wor k , l a b o r , o r services rendered in connection therewith or material or e q u i p m e n t s u p - plied therefore on or before the later of, 2 years from t h e d a t e h e r e o f or , 19 . Upon completion and acceptance Owner warrants and guarantees the improvements against any defe c t i n m a t e r i a l s or workmanship for a period of two (2) years following sa i d c o m p l e t i o n . and acceptance. In the event of any defect in materials o r w o r k m a n s h i p within said 2 year period the warranty and guarantee shal l b e f o r a period of three (3) years following said completion and a c c e p t a n c e . Defects in materials or workmanship shall be determined b y t h e D i r e c t o r of Community Services. Acceptance of improvements by the D i r e c t o r o f Community Services may be subject to such obligations as h e m a y i m p o s e at the time of acceptance. Owner, through his engineer s h a l l p r o v i d e for competent daily inspection during the construction of a l l i m p r o v e - . ments. Prior to final plat approval, or issuance of any b u i l d i n g p e r m i t , if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this . paragraph XI ., including but not limited to, a guarantee against defects in materials or workman- ship for a period of two (2) years following comple- tion and the extension of the period to three (3) years in the event of any defect during said 2 year period, and acceptance of the improvements by the Director of Community Services shall be 125% of the estimated con- struction cost of said improvements, subject to reducti o n thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the Director of Community Services. The bond or letter of credit shall be in such fonm and contain such other provisions and terms as may be required by the Director of Com- munity Services. The Owner's registered engineer shall make and submit for approval to the Director of Commun- ity Services a written estimate of the costs of the ' improvements.-7 1/c- I.- _ 595' -01 SWwur Page 5 of 5 Exhibit C Owner acknowledges that the rights of City to p e r f o r m a n c e o f o b l i g a t i o n s of owner contemplated in this agreement are sp e c i a l , u n i q u e a n d o f a n extraordinary character; and that in the event t h a t o w n e r v i o l a t e s or fails or refuses to perform any covenant, condition o r p r o v i s i o n m a d e b y him herein, City may be without an adequate r e m e d y a t l a w . O w n e r a g r e e s , therefore, that in the event he violates, fai l s o r r e f u s e s t o p e r f o r m a n y covenant, condition or provision made herein, C i t y m a y , a t i t s o p t i o n , institute and prosecute an action to specific a l l y e n f o r c e p e r f o r m a n c e o f such covenant. No remedy conferred in this agr e e m e n t i s i n t e n d e d t o b e exclusive and each shall be cumulative and shal l b e i n a d d i t i o n t o e v e r y other remedy. The election of any one or more r e m e d i e s s h a l l n o t constitute a waiver of any other remedy. IIII. Any term of this agreement that is illega l o r u n e n f o r c e a b l e a t l a w o r i n equity shall be deemed to be vbid and of no fo r c e a n d e f f e c t t o t h e e x t e n t necessary to bring such term within the provis i o n s o f a n y s u c h a p p l i c a b l e law or laws, and such terms as so modified and th e b a l a n c e o f terms of this agreement shall be fully enforceable. XIV. Owner shall, prior to the commencement o f a n y i m p r o v e m e n t s , p r o v i d e written notice to Minnesota Cablesystems Southw e s t , a M i n n e s o t a L i m i t e d Partnership, the franchisee under the City's C a b l e C o m m u n i c a t i o n Ordinance (80-33) of the development contemplat e d b y t h i s D e v e l o p e r ' s . Agreement. Notice shall be sent to Minnesota C a b l e s y s t e m s S o u t h w e s t c/o POpham, Haik, Kaufman, Schnobrich and Doty , L t d . , 4 3 4 4 I D S C e n t e r , Minneapolis, Minnesota 55402. MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community ServicesIV-'— February 10, 1982 Park Sign Design Approval ror several years the Community Services Department has had a go a l o f developing a park sign that would be more consistent with the qu a l i t y of our parks than our existing signs. Last year the Eden Prairi e J a y c e e s offered to provide funds for park signs. We haven't provided an y i n f o r m - ation to the Jaycees as of this date regarding the amount of fun d s t h a t would be required, mainly because we just recently completed sev e r a l design concepts with cost estimates for a first phase installatio n p l a n . Attached to this memo are three concept designs with the estimat e d c o s t s per sign and the locations proposed for first phase installation t h a t would take place in 1982. Please note the different dimensions a n d c o s t s for each sign depending on the community park or neighborhood p a r k s i g n and whether it is single or double faced. Assistant Park Planner, Steve Sullivan gave a brief presentatio n a t t h e February 1st meeting of the Parks, Recreation and Natural Resour c e s Commission regarding the signs. The Commission made a recommend a t i o n to the City Council recommending Concept B and using a reddish b r o w n .lettering on lighter brown background. We should indicate at t h i s t i m e that City staff would like to proceed with this project whether o r n o t t h e Jaycees feel this project is within their funding capability. The Community Services staff feel that as an expression of pride in its park system the City should provide well marked, unique, attrac t i v e a n d inviting entrances to the various parks throughout the City. T h e s i z e and scale of these signs should relate to the park or facility . A l l t h r e e concepts meet this criteria and although Concept B is the pref e r r e d c o n c e p t of City staff; anyone of the three would be acceptable. BL:md PARK & FACILITY SIGNAGE PRIORITY & C O S T ESTIMATE FOR 1932 Concept A Large Signage (Community Parks, Major FaciIities COST Approximate Dimensions: 3'-6"x1P-0" 1. ROUND LAKE PARK note: 1-sign, double face @ entrance 2. STARING LAKE PARK note: 1-sign, double face @ entrance 3. COMMUNITY CENTER note: 1-sign, single face @ entrance 4. RILEY LAKE PARK note: 1-sign, double face 0 entrance *NOTE: Concept A is designed to be set o n a 1 ' - 6 " t o 2' birm Ilk Intermediate Sized Signage (Neighborhood P a r k s , Conservation Areas, Minor Facilities Approximate Dimensions: 2'-6"x7' Mae: All signing is: 1-sign, single f a c e , e x c e p t Flying Cloud Fields & Senior Citizen Ce n t e r , which are double faced 1. Preserve Park 2. Edenvale Park 3; Hidden Ponds Park 4. Lake Eden Park S. Creel:wood Park 6. Prairie East Park 7. Red Rock Park 8. Forest Hills Park 9. Prairie View Park 10. Flying Cloud Fields 11. Senior Citizen Center Smaller Sized Signage (Mini-Parks & Sig n a g e for Definition of Secondary Entrance or Facility STARING LAKE note: 1-sign, single face 0 lower park i n g a r e a Concept A total cost for 1932 (41 $675.00 675.00 460.00 675.00 $210.00 210.00 210.00 210.00 210.00 210.00 210.00 210.00 210.00 335.00 335.00 $1 75.00 $5,220.00 SIGNAGE COST ESTIMATE CONCEPT A. Double Faced large $675.00 medium 335.00 small Single Faced large 460.00 medium 210.00 small 175.00 estimate Smaller Sized Signagc (Mini-Parks G Signage for Definition of Secondary Entrance or Facility STARING !AKE not 1-sign, single face 0 lower parking are a Concept It total cost for 1952 ti PARK G FACILITY SIGNACE PRIORITY G COST ESTIM A T E F O R 1 9 8 2 III . Concept 8 Large Sign2ge (Community Parks, Major Facilitie s COST_ Approximate Dimensions: 3'-4"x 10'-0" 1. ROUND LAKE PARK note: 1-sign, double face @ entrance 2. STARING LAKE PARK note: 1-sign, double face P entrance 3. COMMUNITY CENTER note: 1-sign, single face @ entrance 4. RILEY LAKE PARK note: 1-sign, double face 0 entrance NOTE: Concept 13 is to be set on a l'x6" to 2'- 0 " b i r m • Intermediate Sized Signage (Neighborhood Parks, Conservation Areas, Minor Facilities Approximate Dimensions: 2'-4"x6'-6" note: All signing is: 1-sign, single face, e x c e p t Flying Cloud Fields 6 Senior Citizen Center, which are double faced 1. Preserve Park 2. Edenvale Park 3. Hidden Ponds Park 4. Lake Eden Park S. Creekwood Park 6. Prairie East Park 7. Red Rock Park 8. Forest Mills Park 9. Prairie View Park 10. Flying Cloud Fields 11. Senior Citizen Center $475.00 475.00 365.00 475.00 $165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 165.00 260.00 260.00 SIGNAGE COST rSTIMNTE Concept B. Double Faced large $475.00 medium 260.00 small Single Faced large. 365.00 medium 165.00 small 130.00 estimate PARK & FACILITY SIGNAGE PRIORITY & COST ESTIMATE FOR 1982 Concept C Large Signage (Community Parks, Major Facilities COST Approximate Dimensions: - 1. ROUND LAKE PARK $405.00 note: 1-sign, double face 0 entrance 2. STARING LAKE PARK note: 1-sign, double face 0 entrance 3. COMMUNFIT CENTER note: 1-sign, single face 0 entrance 4. RILEY LAKE PARK note: 1-sign, double face @ entrance Intermediate Sized Signage (Neighborhood Parks, Conservation Areas, Minor Facilities Approximate Dimensions: 3'-6 1 ' - note: All signing is: 1-sign, single face, except Flying Cloud Fields & Senior Citizen Center, which are double faced 405.00 290.00 405.00 1. Preserve Park 2. Edenvale Park 3. Hidden Ponds Park 4. Lake Eden Park 5. Creekwood Park 6. Prairie East Park 7. Red Rock Park 8. Forest Hills Park 9. Prairie View Park 10. Flying Cloud Fields 11. Senior Citizen Center Smaller Sized Signage (Mini-Parks & Signagc for Definition of Secondary Entrance or Facility STARING LAKE note: 1-sign, single face El lower parking area Concept C Total Cost for 1982 $190.00 190.00 190.00 190.00 190.00 190.00 190.00 190.00 190.00 295.00 295.00 $150.00 $3,055.00 SIGNAGE COST ESTIMATES Concept C. Double Faced Single Faced large medium small large medium small $405.00 .295.00 290.00 190.00 150.00 estimate