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HomeMy WebLinkAboutCity Council - 06/01/1982 CITY COUNCIL AGENDA • UESPAY, JUNE 1, 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Bean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie; City Attorney Roger Pauly; 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 George Bentley PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 1982 Page 93B III. CONSENT CALENDAR A. Set Public Hearing for Easement Vacations in Bryant Lake Office Park • for 7:30 PM on July 6, i762 B. Set Public Nearing for excess Easements to be vacated adjacent to Anderson Lakes Parkway for 7:30 PM on July 6, 1982 C. Request to set Public Hearing for Municipal Industrial Develooment Page 962 Bonds in the amount or S9,170,000.D0 for P & L Investment Co. Sheraton Inn for July 6, 1982 ;Resolution No. 82-1I91 — D. Final Plat approval for Cooperative Power Association (Resolution No. Page 965 82-120) E. Clerk's License List Page 968 F. 2nd Reading to Ordinance No. 82-12, amending Ordinance No. 78-36, Page 969 ordinance establishing the Flying Cloud Airport Advisory Commission of Eden Prairie G. Northern States Power Relocation Agreement (Resolution No. 82-125) Page 97B H. Metropolitan Waste Control Commission Permit Application - Westwood Page 973 Industrial Park, I.C. 52-015 Resolution No. 82-126) I. Resolution No. 82-118, authorizing the s:ibmission of Community Page 974 Development block Grant Activities to Hennepin County as part of Year VIII J. Tax Forfeited Lands (Resolution 82-127) Page 975 City Council Agenda - 2 - Tues.,June 1, 1982 K. 2nd Reading of Ordinance No. 82-08 and approval of Deer Creek First Page 977 Phase Developer's Agreement for rezoning 26 acres from Rural to R1-13.5 for 64 homes. Located east of Mitchell Road and south of Morgan Lane L. 1st Reading of Ordinance No. 82-13, amending Park Use Ordinance Page 993 IV. PUBLIC HEARINGS A. Hold Public Hearing for vacation of easements in Cardinal Creek 2nd Page 824 Addition (Resolution No. 82-113) Continued from May 18, 1982 1. CARDINAL CREEK 5TH ADDITION by Gregory D. Gustafson & Associates. Page 850 Request to replat Lots 10 and 11, Block 2, Cardinal Creek 2nd Addition and vacate utility and drainage easements (Resolution No. 82-102 - plat) Continued from May 18, 1982 ' B. CARDINAL CREEK 3RD ADDITION by Gustafson & Associates. Request for Page 862 approval of a preliminary plat and rezoning from Rural to RM 6.5 for 16 acres for construction of 1 tri-plex and 17 duplex buildings of the property which is part of Cardinal Creek PUD 72-01. Included in the public hearing on the proposed rezoning will be the consideration of granting of variances pursuant to Sec. 11, Ord. 135 from the provision of said Ordinance applicable to the RM 6.5 District. 16 acres located east of Cardinal Creek 2nd Addition and Nine Mile Creek and west of I-494 (Ordinance No. 82-11 - rezoning; and Resolution No. 82-100 - prel. plat) Continued from May 18, 1982 V. PAYMENT OF CLAIMS NOS. 1938 - 2152 Page 994 VI. REPORTS OF ADVISDRY CDMMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for approval of the First Amendment to Agreement No. 2291 covering Hennepin County's lease of real property for library purposes Page 999 VIII. ORDINANCES & RESOLUTIONS • A. 2nd Reading of Ordinance No. 81-31, rezoning from Rural to I-5 8.3 Page 1004 acres for construction of an office warehouse building by SGL, Inc., located south of Eaton CharLvnn and north of Eden Prairie United Methodist Church and developer's agreement B. 2nd Reading of Ordinance No. 80-31, rezoning approximately 40 acres from RM 6.5 to R1-13.5 for Edenqate single family Catco. Inc., and • developer's agreement. Located in the northwest corner of Duck Lake Trail and Dell Road. C. 2nd Reading of Ordinance No. 81-29, rezoning 1.2 acres from Planned Study to Hwy. Commercial for Standard Oil Company and developer's agreement. Located in the southeast corner of T.H. 5 and County Road 4 IX. REPORTS OF OFFICERS, BOAROS & COMMISSIONS A. Reports of Council Members 1. Appointment of 1 representative to the Parks, Recreation & Natural Resources Commission to fill an unexpired term to 2/28/85 Page 1005 City Council Agenda — 3 - Tues.,June 1, 1982 2. Appointment of 1 representative to the Human Rights & Services Commission to fill an unexpired term to 2/28/83 B. Report of City Manager 1. Approval of Joint Powers Agreement with Richfield for Radio Page 1010 _.- --Communications 2. -Set Public Hearing for adoption of Chapter 11 (Zoning) 3. Approval of Joint Cooperative Agreement for Southwest Suburban Page 1011 Cable Commission (Resolution No. 82-126) C. Report of Director of Community Services 1. Update 5-Year Capital Improvement Program for Community Page 11012 • Services D. Report of Director of Public Works 1. Award Contract for Martin Drive Drainage Improvements, I.C. 52-007 Page 1013 I (Resolution No. 82-121) 2. Award Contract for Mariann Drive Utility Improvements, I.C. 52-017 Page 1014 (Resolution No. 82-122) 3. Award Contract for Westwood Industrial Park Improvements, I.C. 52-015 (Resolution No. 82-123) Page 1015 t 4. Award Contract for City West Improvements, I.C. 52-025 (Resolution No. 82-124) Page 1016 5. 'Grading for Technology Drive X. NEW BUSINESS XI. ADJOURNMENT. • 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,—MAY 4, 1982 7:3D PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Public Works Eugene A. Dietz, Director of Community Services Bob Lambert, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Tangen arrived at 8:50 p.m. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bentleyloved, seconded by Edstrom, to approve the Agenda as published. Motion carried unanimously. (, II. MINUTES A. Rice ular City Council Meeting held Tuesday, April 20, 1982 Page 3, para. 5, line 1: change "feels" to "felt" Page 4, para. 7, line 1: change "srow" to "snow" Page 6, para. 5, line 1: change "one of two or three Creekwood homeowners whose property would be affected" to "Creekwood homeowner whose property is adjacent to this development" Page 8, para. 7, last line: change "watching the types of businesses requesting licenses in the future" to "monitoring future requests for liquor licenses." Page 11, third para. under D., line 2: change "Grils" to "Girls" Page 11, fourth para. under D., line 2: change "averse" to "adverse" MDTION: Edstrom moved, seconded by Redpath, to approve the Minutes of the Regular City Council Meeting held Tuesday, April 20, 19B2, as amended and published. Motion carried unanimously. B. Special City Council Meeting held Tuesday, April 27, 1982 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special City Council Meeting held Tuesday, April 27, I982, as published. Motion carried unanimously. c38 City Council Minutes -2- May 4, 1982 • III. CONSENT CALENDAR A. Clerk's License List B. Resolutions appropriating Municipal State Aid Funds for Improvements on TH 169 -and Anderson Lakes Parkway, 1.C. 51-341 A & B Anderson.Lakes.Parkway - Resolution Nos. 82-87 & 82-88 C. Contract Amendment #2, Lake Eden Park Project, I. C. 51-341, KO1 D. Approve plans and specifications and set bid opening for May 27, 1982, at 10:00 a.m. for Martin Drive Drainage Improvements, 1.C. 52-007 (Resolution No. 82-89) E. Approve plans and specifications for Schooner Boulevard (SW quadrant of MCA Road Improvements) and set bid opening for June 11, 1982 at 10:00 a.m., I.C. 51-398 (Resolution No. 82-96) F. Approve plans and specifications for Schooner Boulevard (NE quadrant I-494 by- ass construction for MCA Road improvements) and set bid opening for June 11, 1982, at 1:00 p.m., I.C. 51-308A (Resolution No. 82-97) G. Resolution supporting nomination of Cummins-Grill House to National Register (Resolution No. 82-85) H. Approval of Restoration Committee I. Final plat approval for Timber Lakes Townhouses 3rd Addition (Resolution • No. 82-98) J. Request from I.T.T. Schadow for MIDB's in the amount of $2,000,000.00 (Resolution No. 82-79, amending final Resolution No. B2-55 passed on March 16, 1982) MOTION: Redpath moved, seconded by Bentley, to approve items A - J on the Consent Calendar. Motion carried with Edstrom abstaining on item I. IV. PUBLIC HEARINGS A. Public Hearing to consider feasibility of storm sewer aqQd street improvements for Ontario Boulevard and adjacent properties, I.C. 51-2988 (Resolution No. 82-93\ City Manager Jullie explained the feasibility report covering this project was received at the April 6th meeting. The City has since learned that 18 of the . 22 lots shown to be assessed for the proposed street improvements have become tax forfeit. In view of this, Jullie recommended the Council close the public hearing and consider denial of the proposed street improvements and the pro- posed drainage improvements be referred back to Staff for potential redesign -utilizing a drainage channel in lieu of piping. The drainage project could be reopened at such time when development of the Gonyea property is imminent. Jullie also recommended the City indicate to Hennepin County that the City desires ownership of the tax forfeit lots so the open channel drainage for the area can be provided. • ?9 • City Council Minutes -3- May 4, 1982 MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to deny the proposed improvements as recommended by Staff and to accept .the additional recommendations from Staff regarding the tax forfeit lots. Motion carried unanimously. —B.- -DEER CREEK PUD & 1st ADDITION REZONING-by Ruscon Homes, Inc. Request for Planned Unit Development approval of residential on 26 acres, rezoning of 19 of the 26 acres from Rural to R1-13.5 for first phase development, con- struction of 68 single family detached homes, and preliminary plat approval upon the entire 26 acres. Included in the Public Hearing will be the con- sideration of the granting of variances pursuant to Sec. 11, Ord. 135 from the provisions of said ordinance applicable to the R1-13.5 District for: lot size, density, lot width, lot depth, and sideyard setbacks. Located south of Morgan Lane and Sorrel Way, and east of Mitchell Road (Resolution • No. 82-81 - PUD, Ordinance No. 82-08 - rezoning, and Resolution No. 82-82 - . preliminary plat) Bill Dolan, vice president of Koehlein Lightowler & Johnson, Inc., Architects, and Marshall Oakes, Ruscon Homes, spoke to the proposal. Planning Director Enger stated the Planning Commission had reviewed this proposal at its March 22 and April 12, 1982 meetings. The Commission recommended approval subject to the recommendations included in the Staff Report of April 8, 1982, and additional recommendations as included in the Plannning Commission minutes of April 12, 1982. �` Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed the proposal at its April 19th meeting and had recommended approval subject to the recommendations contained in the Staff Report as well as the recommendations of the Planning Commission. Redpath asked about the amount of finished floor area. Enger said there would be no more than 1100 square feet of finished floor area, but there would be roughly 500 - 800 square feet of space available for expansion. These would be split foyer homes with the expandable space in the lower level. Edstrom asked for clarification on the alignment of the eastern most road. Enger stated the final plat does show it connecting to the street to the south. Edstrom asked if the ponds would remain in the hands of the abutting property owners. Enger said they would. Bentley asked about the storm water drainage. Dolan said the plan had been reviewed by the Watershed District and the ponds do connect and provide for overflow. Penzel inquired about the proximity of the Anderson Lakes Parkway connection. Dietz said the connection does not come to the eastern boundary of the property -- it is about 700' fron the proposed development. • City Council Minutes -4- May 4, 1982 Ken Geason, 7621 Atherton Way, said it is the City's obligation to see to { it that the houses built on these lots conform to City codes. Penzel said all City homes must conform to the Uniform Building Code and to laws dealing with the health and safety of residents. Redpath recalled the housing mar- ket of the early 1950's where expansion homes were the only affordable housing. Ron Roche, 14175 Valley View Road, said he is presently a renter in Eden Prairie who is interested in buying a home in Eden Prairie; he would like to be able to go home for lunch. MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 82-81, approving the Deer Creek Planned Unit Development. Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath, to give 1st Reading to Ordinance No. 82-08, rezoning from Rural to R1-13.5. Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath, to instruct Staff to draft the Developer's Agreement incorporating recommendations in the Staff Report dated April 8, 1982, Planning Commission, and Parks, Recreation & Natural Resources Commission. Also to be included is a floor area ratio maximum and a street connection stub to the south. Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 82-82, approving the preliminary plat of Deer Creek. Motion carried unanimously. ( Oo1an requested that the developer be allowed to do preliminary grading of 25% of the lots prior to 2nd Reading. Penzel noted the developer could be back with a signed Developer's Agreement in two weeks. Jullie said from the viewpoint of Staff two weeks is often less time than is necessary for every- • thing to be completed. City Attorney Pauly stated the restrictions regarding floor area ratio will take some time to complete; two weeks would probably not be adequate time even if everything were pushed. MOTION: Redpath moved, seconded by Edstrom, to approve the relocation of plantings and preliminary grading of the site. Motion carried with Bentley voting "no." C. LORENCE ADDITION by K P Properties, Inc. Request for Planned Unit Development approval of residential on 32 acres, rezoning from Rural to R1-13.5 for 47 single family homes on 16 acres and from Rural to RM 6.5 for 56 attached units on 8 acres, preliminary plat approval over the entire 32 acres, variances for: lot size, lot width, setbacks, and density and approval of an Environmental Assessment Worksheet. Located north of Round Lake Estates 2nd Addition (Resolution No. 82-83 - PUD, Ordinance No. 82-09 - rezoning, Resolution No. 82-84 - preliminary plat, and Resolution No. 82-86 - EAW.) Don Peterson of K P Properties, Inc., addressed the proposal. He introduced -Gary Nelson and David Williams who will be builders in the area. Councilman Tangen arrived at 8:50 p.m. during Peterson's presentation. • Oat • City Council Minutes -5- May 4, 1982 Planning Director Enger said this item was considered at the April 12, 1982 meeting of the Planning Commission. The Commission recommended approval subject to the conditions outlined in the April 8, 1982 Staff Report. Director of Community Services Lambert noted the Parks, Recreation & Natural Resources Commission had reviewed the proposal at its April 19, 1982 meeting at which time it voted to approve subject to recommendations contained in the April 8, 1982 Staff Report and recommendations of the Planning Commission. Edstrom asked if the Staff foresees any problems in maintaining the walkway spine separating the manor homes from the single family residential. Lambert said he would prefer not to accept it, but he can foresee problems if it is left in the hands of the homeowner's association. Penzel asked about the roof heights of the manor homes in relation to the railroad right-of-way. Peterson said the roofs would be below the right-of- way. The location is similar to that of the manor homes located on Normandale Road and Old Shakopee Road in Bloomington. Penzel asked where a tot lot might be located. Lambert said it was his feeling that the parents will be going with their children to the tot lot which will be located in the western section of Round Lake Park -- to be built by Peterson. There is no room in the development for a tot lot and since there is a need for one in the western portion of the Park it was felt it would be best to have one built there which will then be used by residents in the Lorence Addition as well as others. Penzel was concerned about children crossing streets to get to the tot lot. Edstrom asked what age children would be using this tot lot. Lambert said those ages 2 - 5 years. Edstrom asked about the lots on the west side of Hames Way. Peterson said they would be willing to make 4 lots into 3 as this is where they will be building model homes which will be more expensive. Edstrom's concern was that homes along the east side of this street will be larger homes and in the past this has created problems in other areas of the City. Cheryl Peterson, 7460 Hames Way, stated the reason they chose this area in which to live was because of the types of.homes which had been built and the Guide Plan showed that the area under consideration would have homes of a similar size. Eugene Peterson, 7460 Hames Way, said it would seem that this highly desirable property near a lake would be reserved for lower density and more desirable type housing. Ken Meuwissen, 17260 Park Circle, asked the rationale for changing the Guide Plan. Penzel said there is no low cost housing in Eden Prairie and there is very little moderate cost housing in Eden Prairie according to information received from the Metropolitan Council from their statistical data. The City has been flexible in responding to the needs of the community and it has been City policy to provide a variation of housing for its residents. Penzel went on to say the Guide Plan is merely a guide and should be flexible in that it reflects the needs of the community. City Council Minutes -6- --May 4, 1982 Bob Busch, 16002 Valley View Road, said he had recently purchased a lot near the proposed development. He has lived in Eden Prairie for 16 years and had hoped to build. He had questions about the size of the homes to be built. Builder Gary Nelson noted the Planning Commission had wished to have minimum sized homes in the center of this development -- the homes will have about 800 square feet per floor (footprint.) Gail Tyson, 15980 Hillcrest Court, felt the taxpayers of Eden Prairie have put a lot of money into Round Lake Park which is beautiful and something to be proud of. She thinks this development will ruin the area. Jim Brix, 16520 Luther Way, did not feel this development is appropriate for the area and said he does not like it at all. Barb Johnson, 7660 Atherton Way, said their street leads into the proposed development and was not built to handle the traffic which will be generated by the new residents. She asked if the City has any minimum square footage • requirements. Penzel stated no. Johnson asked if garages are required. Penzel said City Ordinance does require one enclosed space for each dwelling unit. Penzel said the City's policy has been to provide for variety and different opportunities for residents. Steven Webster, 14399 Chestnut Drive, felt he represented the younger, lower income City resident and expressed a desire to see affordable housing built in Eden Prairie as he would like to go from renter to homeowner. Jack Wiley, 17266 Round Lake Road, asked what the market value of his home will be after these homes are built. Penzel said the market determines that, not the City. Redpath stated that it has been the .case in other areas of the City that whenever residents have expressed this concern prior to a development of this type,after the development has gone in the value of the adjacent homes has increased -- people want to be in the more expensive homes. Beverly Schiro, 7510 Atherton Way, said she has had three realtors in her home and they have all told her that the value of her home will drop if this passes. Al Hendrickson, owner of properties at 15271 Trillium, 8912 Neill Lake Road, among others, said Williams has built 5 homes for him in Eden Prairie. He owns homes in other areas also. Of all the builders he has had, Williams is by far the best. He said The Preserve is his favorite place and that has a mixture of housing types in close proximity. It is a highly desirable place to live. Busch asked if there was an Environmental Assessment Worksheet completed for this project. Enger said there had been and it was before the Council tonight. Don Sethre, 16150 North Hillcrest Court, asked if any consideration had been given to the traffic problems which will occur on Valley View Road as a result of this development. He added people with lots of children will be attracted to this low cost housing which will mean more police calls to that particular area. He said we cannot afford to pay for our teachers now and if this low cost housing comes in we won't be able to pay our teachers next year. q i3 City Council Minutes -7- May 4, 1982 Mike Boen, 7760 Heritage Road, expressed concern about the traffic problems in the area. Penzel noted Valley View Road exists today and did not a year or two ago when there were some problems. Enger said between 800 and 900 trips per day would be generated out of the area. Most of these would use Valley View Road as the routes to the south are circuitous. Valley View is a community collector road and is designed for 8,000 - 9,000 trips per day. By placing medium density housing closer to Valley View, the development is _better served by a collector road. Elizabeth Brown, 18195 South Shore Lane, was concerned about the high incidence of crime which might occur with higher density housing. Mike Zastera, 18042 South Shore Lane, asked about Phase III of the project. Peterson said he has an option on the entire piece of property but so far no plans have been formally developed for that phase. Ken Geason, 7621 Atherton Way, noted this proposal has a condo-type environ- ment. He felt the Council must consider the effect of that on the entire neighborhood. He said the City is lax in making sure that tot lots exist for children within a neighborhood. He is certain apartments will be built in Phase III. if the rest of this development is allowed. Meuwissen suggested this will become a race area for cars. He said the traffic problem must be addressed. Eugene Peterson asked what can be done to prevent investors from coming in and buying these low cost units and turning them into rental property. ( Mel Cook, 6920 Park View Lane, asked if there is any government subsidy for these units. Peterson said FHA approval has been applied for but that is the extent of government involvement. David Williams, 10701 Ziegler Drive, Brooklyn Park, builder, said he had recently completed two 40 unit projects in Eden Prairie which were sold out before they were completed. He expects this project will be equally desirable. Jeff Williams, 7301 River Shore Lane, Champlin, stated he works for David Williams Construction and said they will be building a Parade Home in Round Lake Estates. If they felt the proposed development was going to be detrimental to the area, they would not be building a Parade Home nearby. B. Matke, 17196 Round Lake Road, said no one present would dispute the fact that these are desirable lots. He said he moved here because it is a show case area. He felt the Park will become run down due to over use. The people in the area directly affected have a say in what is going to happen in their area. Timothy Flynn, I4377 Chestnut Drive, stated he now lives in a William's --townhome and can attest to the quality of the construction. He bought the townhome because it was something he could afford and he wished to live in Eden Prairie. He does not feel that a 570,000 home qualifies for low cost • housing. • • ��T City Council Minutes -8- May 4, 1982 Eugene Peterson said he has a petition with over 200 signatures. He also said 98% of the people approached were willing to sign the petition. He said additional signatures will be obtained. He added that with all the additional traffic on Valley View Road it will soon have to be 4-lanes. Penzel said it was built as a 4-lane road. Bentley said he does not agree with the arguments tonight that this develop- ment will impact Round Lake Park. Round Lake Park was designed as a community park and was built to handle many people. He felt there is a strong need for lower cost housing -- he does not feel the housing under discussion can be categorized as low cost housing. The City needs affordable housing. He said he has been involved in a number of studies •::•"ich have shown that housing in Eden Prairie is prohibitive. This has not been the City's policy. He noted The Preserve's lot sizes are not much different than those in the proposed development. Redpath concurred with Bentley's statement. He said he had asked about the addresses on the petition since they were from all over the City. He was told that people were asked to sign as being opposed to low cost housing. Eugene Peterson said the diversity of the location of the petition signers indicates the concern of residents on the use of the Park. Penzel stated the point of tonight's discussion is to decide whether or not the proposal is in keeping with the rules adopted by the City. Edstrom said the irony is that a petition such as this can be generated by any neighborhood in the City. He felt this is an imaginative approach to the use of the land in this area. Redpath noted there was opposition by the neighbors when Round Lake 1, Round Lake 2 and Atherton were proposed. No one wants neighbors. Edstrom asked if it is possible to include a tot lot west of Hames Way. Lambert said there is no half acre spot available. Tangen said this is a difficult decision because it is of a little higher density. Because of the church, school, park, railroad tracks this is a difficult piece of property to develop. It is his feeling that putting a little higher density on this property has merit because of its proximity to public services. He said he does have some difficulty with going to smaller lot sizes and smaller homes but he fully realizes that we must provide for all people. He feels the tot lot does not belong inside the development. Penzel said there is a very great need for moderate cost housing in the City. He has a problem with the intensity of the eightplexes along Valley View Road. Unless the scale is reduced he cannot support the proposal as it is too massive. Peterson said any change from what has been proposed this evening would add to the cost as that would have to be spread over the entire project. q 4s • • City Council Minutes -9- May 4, 1982 Peterson said the base price of a two bedroom manor home would be $54,900, a two bedroom with dinette with about 1220 square feet would be $60,900, and a three bedroom unit would be $62,900 for 1550 square feet of space. David Williams said they are figuring very closely with these prices. • MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing --and to adopt Resolution No. 82-83, approving the Lorence Addition Planned Unit Development and amending the Guide Plan. Motion carried with Penzel voting "no." MOTION: Bentley moved, seconded by Edstrom, to give 1st Reading to Ordinance No. 82-09, rezoning from Rural to R1-13.5 and Rural to RM 6.5. Motion carried with Penzel voting "no." MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft the Developer's Agreement taking into consideration the recommendations of the April 8, 1982 Staff Report, recommendations of the Planning Commission and the Parks, Recreation & Natural Resources Commission, and Council recommenda- tions including: changing the eightplex on the corner of Hames Way and Valley View Road to a fourplex (an exchange), platting three lots rather than four on the west side of Hames Way, and consideration regarding the floor area ratio as was discussed previously in the Deer Creek development. Also the tot lot is to be built by the developer at Round Lake Park. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-84, approving the preliminary plat of Lorence Addition: Motion carried with Penzel voting "no." MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-86, finding the environmental assessment worksheet for Lorence Addition a private action which does not require an environmental impact statement. Motion carried unanimously. 0. Public Hearing to consider feasibility of Golden Ridge Drive Improvements, I.C. 52-008 (Resolution No. 82-91) Councilman Redpath announced he would abstain from discussion on this item because of interest in property in the area. Oirector of Public Works Dietz indicated no one has spoken for this project and there does not appear to be a need for the public improvements at this time in light of the cost. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to deny Resolution No. 82-91, ordering preparation of plans and specifi- cations for Golden Ridge Drive improvements. Motion carried with Redpath abstaining. • • y46 City Council Minutes -10- May 4, 1982 • E. Public Hearing to consider feasibility of Kilmer Avenue and Atherton Way Utility Improvements, I.C. 52-013 (Resolution No. 82-92) Director of Public Works Dietz spoke to the project and noted there is a need for this improvement. Residents from the area in the audience were in favor of the project. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 82-92, ordering preparation of plans and speci- fications for Kilmer Avenue and Atherton Way utility improvements - I.C. 52-013. Motion carried unanimously. F. Consider revoking variance granted by the Board of Appeals & Adjustments for a property division on Sunnybrook Road (Eckert) (Resolution Do. B2-94) Penzel called the Council's attention to a letter recieved today from Joyce C. De Lecour regarding this item (letter attached to Minutes.) City Manager Jullie reviewed this item. Dennis Moriarity, attorney for the estate, said the sale of the property is contingent on this plan being approved. He noted the topography of the land precludes higher density housing on the property, if that is what is creating a problem in passing the division. It was his opinion that the highest and best use of this land is for single family dwellings. He asked the Council to not reconsider the action of the Board of Appeals and Adjustments. Penzel stated the Zoning Ordinance is clear in that residential lots in Rural zoned areas cannot be on less than 5 acres of land. Moriarity asked Staff to give the Council the reasons the Board of Appeals and Adjustments saw fit to grant the variance. Jullie said he did not know all of the reasons for the granting of the variance, but after it had been granted it was sent back to Staff. Staff noted the discrepancy and sent it on to the Council for their review. Moriarity said he still could not understand why the variance was granted. Penzel stated that Ordinance No. 162 restricts subdivision splits to two lots. Three lots were asked for in the split. Moriarity said he understands the Council has the authority to review, but he wondered what the rationale was behind the Board of Appeals decision. Penzel asked for the Minutes or the Board of Appeals meeting. Jullie said they had not been approved and therefore had not come to the Council, but he would get them. MOTION: Bentley moved, seconded by Redpath,to recess this Public Hearing until after item "G" so the Minutes of the Board of Appeals and Adjustments could be found and read. Motion carried unanimously. City Council Minutes -11- May 4, 1982 of ecting existing G. Publicider e I.C. 51- Valley 340A Penzel noted letters had been received from William M. Verkuilen, Chuck Porta, and Peter and Marilyn Rasmussen relative to this proposal. (These letters are -attached to the Minutes.) Director of Public Works Dietz showed four alternative connections between old and new Valley View Roads and reviewed the costs of each as well as the advantages and disadvantages. Alternative 3 appears to be the most workable at a cost of $71,900; this is the recommendation of the consultant and Staff. Mary Ellen Anderson, 12966 Valley View Road, said she had not received the petition which had been sent around the neighborhood and from which this proposal has resulted. Gene Jacobson, 7274 Topview Road, said he and two other residents had initiated the survey which outlined reasons for a connection. On this survey form resi- dents were asked to check "in favor" or "opposed." They attempted to contact all Topview residents, but they realize some were missed. This survey was then presented to the Council. The rationale behind the survey was accessibility for emergency service, added driving required by residents and emergency vehi- cles, and the practicality of a second access to the area. He stated 90% of the people contacted were in favor of the connection. James McCracken, 12655 Valley View Road, said he had not seen the petition. He stated tie is a minister at New Testament Church. He had several questions: why a cul-de-sac dead end in the first place, why not some study as to the effects on the Topview residents of the connection, what traffic controls will be used at Baker and the new Valley View Road, and what will the speed limits be and what traffic signs will be used? Penzel reviewed the history of the Valley View/Schooner projects and what might be done with traffic controls. Vicki Koenig, 7239 Topview Road, expressed concern that the trees on the south side of the present Valley View Road which now provide screening, will be lost. Jim Duncan, 12771 Vina Lane, said he did hot realize where the connection would be when he signed the survey. He did not expect it at Valley View and Topview. He showed a sketch with another alternative. Dietz said the grades at the location shown by Duncan are such that a connection is not feasible. Tangen asked how much of the screening will be taken and how much will be left. Dietz said much of it would be taken because there would be an 80' swath through the area. Bentley asked if a knock down barrier at old and new Valley View Roads might • be an answer. • q4B City Council Minutes ' -12- May 4, 1982 Redpath asked how much actual time will be saved by the connection. He said there will be much more traffic on Valley View Road as a result of .the connection. Dietz said without the connection there would be a two- mile long cul-de-sac. It is his opinion traffic will be reduced some. -.Joyce Lienemann, 12760 Valley View Road, said there are three fire stations with the farthest one being 2.7 miles away. It is her feeling that Topview is about the best served area when it comes to emergency service. She said it will be .7 of a mile to get to the new access at Valley View and Baker. -Bob Grant, 7203 Topview, was one of the people who collected the data -- he did not think of it as a petition. He stated the 3 - 5 minute delay in response time for emergency vehicles could be the difference between life and death. • Tangen asked if there will be an additional loss of trees in the construction • of new Valley View Road. Dietz said there may be at the easterly end where the new and old portions of the road meet. Bruce Johnson, 7189 Gerard, asked the reason for the connection; said it will strip out what is left. Penzel said the residents of Topview had brought the need for a second access to the attention of the Council. Anderson stated she would like to see old and new Valley View Roads connected. She asked about the connection south of Stewart Highlands. Dietz stated the connection to the south of Stewart Highlands and the Sundquist Addition is only a proposal. • Grant stated the removal of the trees would make this a major intersection. This would add alot of traffic onto Valley View Road and Topview. Jacobson said the Valley View Road residents and the Stewart Highlands resi- dents were not included in the survey. Not all the Topview residents received notice of tonight's meeting, he added. John Rochford, 12770 Gerard Drive, asked when the Crosstown will be extended. City Manager Jullie said it is still on the County program for 1984. He is in favor of the proposed connection. Charles Tebelius, 7174 Topview Drive, is opposed to the connection. He said the safety of children moving in and about the Topview area should be taken into consideration. Without the connection the children would be able to bike along Valley View (present alignment) to get to the Community Center. Edstrom noted there will be trails provided which will be safe for the resi- dents to travel. Tebelius said he does not mind driving a bit farther to have less traffic in his neighborhood. Bentley asked about a letter from Chuck Porta representing New Testament Church in support of Alternate 43. He questioned McCracken's position relative to the position taken by the Church in the letter. McCracken said the letter had been written prior to his coming in to talk with Dietz. It was his impression that it was not a question of whether or not there would be a connecting road, but rather which of the alternatives would be best. It was with that in mind that the letter was drafted. City Council Minutes -13- -May 4, 1982 Tangen asked if this were not done at this time, how much more would it cost a year from now. Dietz said probably in the area of 30% more. Tangen asked if would be possible to do all the work on the new Valley View and not make the final connection between old and new Valley View Roads. MOTION: Edstrom moved, seconded by Tangen, to continue the meeting to 12:30 a.m. Motion carried unanimously. Dietz said the question really comes down to that of the one access issue. He noted with a 60" watermain it would only take 30 minutes after a break in the watermain for the road to be gone. Penzel said if this were to come before the Council as a new proposal, the 12 mile long cul-de-sac would never be approved. Tangen stated one of the reasons he is on the Council is due to the desecration of the area around Menard's. He can see the need for an additional access due to the long cul-de-sac and realizes the importance of two accesses both from the safety standpoint as well as practical standpoint. MOTION: Tangen moved, seconded by Edstrom, to close the Public Hearing and to adopt Alternative #3, connecting Valley View Road to proposed Valley View Road at Topview Acres, I.C. 51-340A. Motion carried unanimously. Tangen asked Staff to look for additional screening which might be included in the construction of this road which would minimize the impact on the neigh- bors. Edstrom asked Staff to report on the trails which are scheduled for the area. Penzel asked that Menard's Developer's Agreement be looked at to see if { there is a provision in that for additional screening. Jullie said the speed limit on Valley View (old) within the Topview area could be reduced to 30 miles per hour, load limit restrictions could be added, and stop signs could be put up to reduce traffic and speed on that portion of the road. F. CONTINUED Moriarity said this is a natural division of land not a problem of aesthetics. There is no question of ability of the land to sustain two houses. Edstrom said he cannot go along with the variance procedure; he has strong feelings on lots of less than five acres being allowed in areas zoned Rural. Edstrom noted this is not a question of rezoning but one of procedure. Tangen expressed concern that the variance request contained other factors than land division. An additional factor is that Purgatory Creek runs through the property. He felt there are other channels to go through. Bentley asked how this had gotten to the Board of Appeals. City Manager Jullie explained the procedure. Tangen expressed difficulty with the process used. He said there are circumstances where divisions such as this should be allowed. Penzel asked how much of the land could be developed. Planning Director Enger said the flood plain does come quite far up onto the property, about half the property would be developable. Gs City Council Minutes -14- May 4, 19B2 Moriarity spoke to the merits of the proposal before the Council. Discussion as to how to proceed ensued. City Attorney Pauly explained the Board of Appeals and Adjustments had been asked if there would be a variance and they had answered there would be on the assumption the divisions were made. Tangen asked if it would be proper to have the administrative land divisions reviewed by the Planning Commission and the Parks, Recreation & Natural Resources Commission before coming to the Council. Pauly said that can be requested. City Engineer Dietz explained why Staff had reviewed the decision of the Board of Appeals and Adjustments. Tangen said perhaps easements could be granted to the City for the area along Purgatory Creek. Moriarity said he was confident the owners are interested in preserving the integrity of the Creek and would agree to whatever the City might wish in regard to the Creek. Bentley asked if the land is not an administrative land division is it a replat? Pauly said not necessarily and further explained what might occur. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to take no action on the Board of Appeals and Adjustments action and to request that prior to finalization of the land division appropriate easements to the area along Purgatory Creek will be granted to the City. Motion carried with Edstrom voting "no." Bentley stated his "yes" vote was due to unusual circumstances in this parti- cular case. MOTION: Bentley moved, seconded by Redpath, to continue the meeting until the Agenda is finished. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 1493 - 1707 MOTION: Edstrom moved, seconded by Tangen, to approve the Payment of Claims Nos. 1493 - 1707. Roll call vote: Bentley, Edstrom, Repath, Tangen, and Penzel all voted "aye." Motion carried unanimously. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS There were no reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Plan approval of Valley View Road (County Road 39) from Washington Avenue to 1 2 mile west, I.C. 51-335 (Resolution No. 82-90) Penzel called attention to the letter of May 3, 19B2 from William J. Bearman regarding the proposed improvement (letter attached.) Bearman, 9955 Valley View Road, said the project is of no benefit to his property and would only have an adverse effect. He wished to go on record as opposing the plan. • BSI City Council Minutes -15- May 4, 1982 City Manager Jullie stated the City would be aware of Bearman's concerns when preparing the assessment rolls. Bearman noted the County states there is not right-of-way acquisition necessary and he disagrees with this. The severe cuts necessary for construction easements will alter the way the Bearman property looks as well as the adjacent properties. He is objecting - to the assessment as well. as what the plan will do to his property. _MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 82-90, approving plans for Valley View Road (CSAH #39) from CSAH #18 to approximately 1/2 mile west. Motion carried unanimously. B. Red Rock Lake 3rd by James L. Simons. Request to preliminary plat the property zoned R1-22 into 4 lots. Located north of the northerly terminous of Summit Drive and adjacent to Red Rock Lake, 15607, 17603, 15601, and 8701 Summit Drive • (Resolution No. 82-80) • MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No. 82-80, approving the preliminary plat of Red Rock Lake Third Addition. Motion carried unanimously. C. Request from Mr. Lyman Olson regarding retaining wall and grading adjacent to his property at 7360 Scot Terrace City Manager Jullie referred to his memorandum of April 29, 1982, in which he addressed the situation. City Attorney Pauly asked if the City wishes to get involved in a private --dispute. Both parties have been in violation of the building code. It has been said the City could go in and build a retaining wall and then assess the private properties. In order to do that there must be a City Ordinance authorizing the City to do so; the City does not have one at this time. Pauly said the City could ask the Court to advance the matter for early disposition. Lyman Olson, 7360 Scot Terrace, showed pictures of the area under discussion. He also showed a drawing of what is proposed to be done. Discussion centered on what the City might do to assist in the disposition of this matter without jeopardizing the City. Olson asked the City to pass an Ordinance so the City could build the retaining wall and then assess the property owner. MOTION: Tangen moved, seconded by Edstrom, to instruct the City Attorney to site Ahmed Sonbol with a misdemeanor and to direct the City Attorney to assist with the quick disposition of this case in any manner deemed right and proper. Motion carried unanimously. Bentley requested the City Attorney to look into the merits of drafting an Ordinance to protect residents in situations like this. C1S�.. • City Council Minutes -16- May 4, 1982 VIII. REPORTS OF OFFICERS, BOARDS 3 COMMISSIONS A. Reports of Council Members 1. Penzel - reminded Council members of the dinner to be held Friday evening to honor State Small Business Person_of the Year Bob Carling. B. Report of City Manager 1. Proposal from City of Richfield for Joint Radio Communications Services MOTION: Redpath moved, seconded by Bentley, to instruct Staff to pursue a Joint Powers Agreement with the City of Richfield for joint radio communications service and to instruct Bell Telephone to provide the proper equipment so the telephone system will not have to be changed when the 911 service is accomplished. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of City Engineer 1. Consider alternate street names for Schooner Boulevard (Ordinance No. 82-10) Director of Public Works Dietz spoke to the reasons for the changes and how the proposed names had come about. MOTION: Redpath moved, seconded by Tangen, to change the name of Schooner Boulevard south of Valley View Road to Prairie Center Drive. Motion carried with Penzel voting "no." MOTION: Tangen moved, seconded by Edstrom, to name the street connecting old and new Valley View Roads Topview Road. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to change to name of Valley View Road from Baker Road to Mitchell Road to St. Andrews Drive. Motion carried unanimously. It was the consensus of the Council to send a letter to residents along present Valley View Road between Baker and Topview Roads to ask their opinion for a new name for this stretch of roadway. Wm. Wells Lane has been suggested by the Engineering Department -- a major landholder in the area according to an 1B73 Atlas was William Wells. MOTION: Redpath moved, seconded by Edstrom, to give 1st Reading to ---Ordinance No. B2-10, approving the street names as shown above, to become effective September 1, 1982. Motion carried with Penzel voting "no." • • • 55 3 • City Council Minutes -17- May 4, 1982 2. Approve plans and specifications for Valley View Road/Schooner Boulevard (NNW Quadrant of MCA land improvements) and set bid opening for June 11, 1982, at 9:00 a.m., I. C. 51-340A (Resolution No. B2-95) MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. B2-95, approving plans and specifications and ordering advertisement for bids for Valley View Road/Schooner Boulevard. Motion carried unanimously. IX. NEW BUSINESS There was none. I6 9 X. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 1:25 a.m. Motion carried unanimously. • • 4 • • gstI • WHOLESALERS OF MEXICAN ARTCRAFTS Showroom- Warehouse: 2854 Boca Chia Blvd. { (512) 546-2162 BROWNSVILLE,TEXAS 78521 April. 30, ; 22. Dear no. °'ayor: I am sending this letter to you via ray sister, who hope:: to meet with you regardin our property in Minnesota. I know she and the buyers will explain the situation to you however I would alao like you to have my viewpoint and unfortunately I live in Texas and cannot be there. I am the personal representative for the estate of Hilda Rae.uet, who w;: a lifelon.7 resident of Lden Prairie. The buyers arc old friend:, and nl Lo lifclol;a residents of the city. Jc all ware very '.:a- cut • the Jule of :.other's property to these people, who want to build two lovely new homes on the.eight and three-quarters acres of land that is with my mother's house. .is you probably know, 3unnycroo:k Road is a quiet resiuential road where everyone has cess pools and septic tanks and several double bungalows on only half-acre lots, have had r.o problem. IL is not conceivable that there should be any problem with a sin-le home on almost 4 acres, and the variance board already voted to allow this division of the land. Now we feel all of us are entitled to a real explanation of why this sale has been opposed. You may not be aware of the hardship involved should this transaction fall to j.o through. .Jhcn our mother died, her estate wa v4luc:2 Zo Lik1 L IL took every bit of liquid assets available to pay the inheritance tax and we presently are in debt over S27,000. with 20". • interest on the unpaid balance. Kopeskys and Ekerts, in buying the property, would have enabled the heirs to pay off this heavy and worrisome debt. No one wants to buy a 30-year-old house with ° 3/4 A. of land at current taxes, now almost S22001 The estate has also, an isolated piece of land 2.74 A., which we are not allowed to sell and • on which taxes arc exhorbitant. Are we to be taxed out of this land? • I can sympathize with the council's efforts to promote orderly growth but those restrictions arc instead, strangling growth. .Jh-y not have 2 new homes on the tax rolls instead of nothing? In Houston there is no • zoning and I think the city speaks for itself; growth and wealth there are phenomenal, and there is a steady exodus of population from the East and North to Houston where jobs are plentiful and industry is encouraged to build. The economy is booming as no other area in the U.S. It was said by your city engineer, that the area of Sunnybrook Road will be a "high density" area. 'low can he, or anyone else, know what the growth pattern will be? How can sewer, water and new streets • be forces' on the people on that road, who neither want them nor need them, nor can afford them? • .ill of us involved in this transaction, feel we have the ri,ht to a sound reason why this sale :should be prevented by Eden Prairie and • ::o intend to get one. JJe would greatly appreciate your assistance in This stutter. • Sincerely yours, • • • 44 C. De Lecour 114y May 3, 1982 Eden Prairie City CoAncil City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: I.E. 51-340A Construction of a street to connect Valley View Road to New Valley View Road at Topview Road Dear City Council: I regret that due to the short notice given on this meeting, I am unable to change my travel plans and thus must submit this written disapproval rather then voicing my opinion at the hearing. Needless to say I disapprove of any road connection, between present Valley View Road and proposed Valley View Road, in the vicinity of Top View Road. Dating back to the discussions on the Menard Development,Topview Subdiv. was promised that the present screen of trees would be preserved to shield us from the Development. Connecting present Valley View Road with the proposed Valley View Road would remove a substantial percent of this screen. (Suffice it to say that it is recognized the City has already hedged on this committment by, through negligence in overseeing the Development, allowed Menards to scalp the land 90' further north than planned.) Another committment the City is backing down on goes back only a few months.. At that time Menards asked to relocate Plaza Drive to intercept proposed Valley View Road farther west from the bridge. As chance would have it, the proposed intercept was directly south of Topview Road. This led to the logical question, "Do you intend to extend Plaza Drive to meet Topview Road?" The answer was NO It sure would be comforting to know we could believe the answers we get and not have to live with piecemeal planning. The idea for this proposed connection was initiated in the name of "safety", i.e. reducing the time for emergency vehicles to get to Topview Subdivision: As I look at a city map, it appears we are already blessed with better access than 75% of the City. Any one of the three fire stations could readily service Topview. How about the City's responsibility to the areas of Lake Riley, River View Road, Rowland Road, etc? Shouldn't EP have as much concern for them? Are we financially able to build "special express" roads to those areas so that we can save, at the most, one minute to get to and from a fire or police station. It is mentioned that one of the concerns is single access. Are we any worse off than Cedar Forest Road, parts of Pioneer Trail, Homeward Hills Road, • Smetana Lane, Starring Lane, Cumberland Lane, St. John's Drive, etc., etc. My reaction is that with limited financial resources, one would think the City would use these funds to maintain and repair many of their present deteriorated streets rather than build a new road for a special interest group that wants to save a minute. Sincerely, /il • •. ,, r I U %� i�i� 1�/tl.. !I • 0,0 !-' /� gic • • • y MAY 31982 4iEw TESTAMENT CHURCH qq .2901 Valley View Rd. Eden Pram,Minn. 55344 • 612.9417290 Jesus said to them, "I am the bread of life" April 30, 1982 Mr, Eugene A. Dietz, P.E. Director of Public Works City of Eden Prairie 8950 Eden Prairie Rd Eden Prairie MN 55344 Dear Mr. Dietz: We, the leaders of New Testament Church, have just finished reviewing the proposed plans of the rerouting of Vailey View Road submitted to you by Duane D. Cramer. We wholeheartedly concur with his evaluation and lend our full support to the Alternate #3 proposal as being the most advantageous plan for all parties involved. We do truly hope that there will be a favorable response from the Eden Prairie City Council. Thank you for your consideration of this letter; and if we can be of any more help, please let us know. Sincerely, C\`JVV`rti� lw Chuck Porta, Minister NEW TESTAMENT CHURCH CP/eae qs7 • / 1 • • CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS I..C. 51-340A • ROAD CONSTRUCTION BETWEEN VALLEY VIEW • • ROAD AND NEW VALLEY VIEW ROAD AT TOPVIEW • - TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Hall Council Chambers, 8950 Eden Prairie Road at 7:30 P.M. on May 4, 1981, to consider the making of the following described improvements: • I.C. 51-340A Construction of a street to connect Valley View Road to • New Valley View Road at Topview Road • Written or oral comments relating to the proposed improvement will be • • • received at this meeting. • By Order of the City Council , Kathy Hermann, Deputy City Clerk City of Eden Prairie 8950 Eden Prairie Road, MN 55344 c Q 1lr(-4 - 0 2 C 1 7�e �'10"&trc^^--‘ p.\ 9 (o 4Jc V t& � �a.�, ,u .fir crec �l'� t/•ice ,L0z ° ~� /ri0 R ti Ct^-d c,e Ci-Or,`, /QZ E. org Az)-- -d Zo v-A. - 2oa l C.2 (00 a-d . Vc,Crd$b 4) Q &- `J A AicAo. -� L0,4o � � ot •)10-,Q_ R2z.c. AA-± a Co" /.'�lJCvt7/o c�'� Ero. .c A , c- °a--o 'vN'2-& cuLl oar � � v11.A.d . 61,t01 9,44,144v. • 1310o Ut 1��� Ed'Qel Pra r e j ill el ( rnvr I141(0 (Je 9torArg-a cry • ea. izaz.eitag,e PROFESSIONAL SALES AND MARKETING SERVICE fi FOOD BROKERS „�: { ocu ..ter P.O. BOX 27227 • GOLDEN VALLEY,MN 55427 1111 DOUGLAS DRIVE NORTH GOLDEN VALLEY,MN 55422 612/541-9200 • TWX 910/516-2401 May 3, 1982 Mr. Carl Jullie, City Manager City of Eden Prairie Eden Prairie City Hall 8940 Eden Prairie Road Eden Prairie, MN 55344 Dear Carl: Pursuant to the Notice of Public Hearing on proposed public works improvement I.C. 51-335, City of Eden Prairie Resolution 482-90, we advise the following: 1. Historically, the original plans for the upgrading of Valley View Road, as it effected the Bearman property, was to place it on the eastern boundary of the Bearman property rather than upgrading the present Valley View Road. When the Bearmans first purchased their home in 1971 a check at City Hall on what would be the surrounding land uses showed industrial development along Washington Avenue, single family residential (Helle's first addition) in the gravel mining area belonging to Herliev Helle and various land uses north of Valley View Road including multi-residential mixed with industrial in the present Shady Oak Park area. All these plans showed the present Valley View Road as a meandering rural road. 2. A development agreement was signed with Herliev Helle on the placing of the new Valley View Road on the eastern boundary of the Bearman property however in a subsequent law suit the City found itself unable to enforce the development agreement. Subsequent changes in land uses in the Smentana Lake area now forces the City to substantially upgrade Valley View Road. c .:,vJ MEMBER { IF►_ "Beinouj a" q (44 1 N.Baaal+xass/3nohe/:aye Co. May 3, 1982 Page 2 3. It is our understanding that an assessment can be no more than the increase in value to the property. This improvement to Valley Road adds no value to the Bearman property and will have an adverse short and long term effect. The substantial loss of trees shown on the plan leaves the property exposed to the light pollution coming from Shady Oak Industrial Park which probably is not in conformance with our Ordinance 135 with respect to lighting. The tree cover provides a screen from that light. Since the property sits high on a hill the loss of substantial trees exposes it to continuous wind coming • through the Shady Oak Industrial Park which again these trees help filter. In addition, these trees act as a "fence" blocking all the garbage coming from Shady Oak Industrial Park, with the help of the wind, from coming directly into the Bearman yard. 4. At present the Bearman driveway has less than a 1% slope from Valley View Road to the Bearman home. According to Hennepin County the best place to put the new driveway would now give the Bearman property a slope of approximately 6%. Placing the driveway in any other location would increase that slope dramatically. This certainly could not be construed as a benefit. • 5. In addition to other adverse effects on the Bearman property, since the project falls within the tax increment financing district, the City of Eden Prairie has chosen to assess the Bearman property 524,950.00 based on the 490 feet of frontage along valley View Road. Since the Bearman property is only ` 2.98 acres this works out to over 58,000.00 per acre. This certainly could not be construed as a benefit. We would greatly appreciate having your advice as to how an understanding between the City of Eden Prairie, Hennepin County and the Seamans can be brought to a mutually satisfactory conclusion. With .ndest regards, William J. Bearman WJB:js G(0I Member introduced the following reso- • lution and moved its adoption: // 9 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A COMMERCIAL DEVELOPMENT PROJECT • WHEREAS, a representative of the P & L Investment Co., a Minnesota general partnership (the "Company") , has pre- sented the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City") , with information concerning a proposed project within the City; and WHEREAS, a representative of the Company has requested that the City resolve to issue commercial development reve- nue bonds or notes or a commercial development revenue note and has presented to this Council a form of preliminary resolution concerning such issuance with a request that such preliminary resolution, attached hereto as Exhibit A, be considered for adoption at the next regular meeting of this Council or at a special meeting of this Council; BE IT RESOLVED THAT: 1. This Council will conduct a public hearing on the proposal to undertake and finance the commercial development • project described in the Notice of Public Hearing attached hereto as Exhibit B (the "Notice") . 2. The Finance Director-Clerk of the City is hereby authorized to cause the Notice or a notice in substantially the same form as the Notice to be published not more than thirty (30) nor less than fifteen (15) days before the date fixed in the Notice as the date of the hearing in the offi- cial newspaper and a newspaper of general circulation of the City. 3. The Finance Director-Clerk of the City is hereby authorized to make a draft copy of the proposed application to the Commissioner of Energy, Planning and Development of the State of Minnesota, which would be submitted in connec- tion with this proposed project, available for public in- spection at the City Hall during regular office hours fol- lowing the publication of the Notice. - 2 - 9(, Member moved the foregoing resolution be adopted as introduced and read, which motion was duly _j seconded by Member , and upon roll call, the "Ayes," "Abstains" and "Nays" were as follows: AYES ABSTAINS NAYS • The Mayor thereupon declared said resolution carried and adopted. . P • y77 - 3.- 9G3 ji • 1 • EXHIBIT B dk Notice of Public Hearing Commercial Development Revenue Bond or Note (P & L Investment Co. Project) A public hearing will be held by the City Council of the City of Eden Prairie, Minnesota, at the City Hall, 8950 Eden Prairie Road, Eden Prairie, Minnesota, at 7:90 p.m., jjuiy b , 1982, for the purpose of considering a proposal than' the City undertake and finance a commercial development project in the City. A meeting of the City Council of the City of Eden Prairie will follow the hearing, at which a resolution giving preliminary approval to the financing of the project will be considered. A The project, proposed to be operated by P & L Investment Co., a Minnesota general partnership, consists of the ac- quisition of land, acquisition and construction of a build- ing thereon and acquisition and installation of equipment therefor to be utilized as a first class hotel and related facilities to be constructed on land within the City of Eden (, Prairie. The estimated principal amount of the obligations proposed to be issued by the City of Eden Prairie is $9,170,000. The obligations and the interest thereon shall be limited obligations of the City except that such obliga- tions may be secured by a mortgage or other encumbrance on the project. No holder of any such obligation shall ever have the right or compel any exercise of the taxing power of the City to pay the obligation, or the interest thereon, nor to enforce payment against any property of the City except the project. A draft copy of the proposed application to • the Commissioner of Energy, Planning and Development of the State of Minnesota, together with all attachments and ex- ,14 hibits thereto, will be available for public inspection at the City Hall during regular office hours. • 4 9(4.1 June 1, 1982 • CITY OF EDEN PRAIRIE HENNEPIN'COUNTY, MINNESOTA RESOLUTION NO. RB2-120 A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF COOPERATIVE POWER ADOITION • • .• WHEREAS, the plat of COOPERATIVE POWER ADOITION has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and • WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW; THEREFORE, BE IT RESOLVEO BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • 'A. Plat Approval Request for COOPERATIVE POWER AODITION is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated May 25, 1982. B. That the City Clerk is hereby directed to file a certified copy of • this resolution in the office of the Register of Deed and/or Regis- • trar of Titles for their use as required by MSA 462.358, Subd. 3. t. That the City Clerk is hereby directed to supply a certified copy • of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute • the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on June 1, 1982. • Wolfgang H. Penzel, Mayor ATTEST: SEAL 9 John D. Frane, Clerk • • • • • • 91,5 CITY DF EDEN PRAIRIE ENGINEERING REPORT ON PRELIMINARY AND FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David Olson, Engineering Technician vF' d DATE: May 25, 1982 SUBJECT: CODPERATIVE POWER ADDITIDN PROPDSAL: The developer, Cooperative Power Association is requesting City Council approval of the preliminary and final plat of Cooperative Power Addition. The total area included within this plat is approximately 33 acres. Dutlot A, to be rezoned and replatted at a later date with ownership to be retained by the developer, contains approximately 12 acres. Outlot B, is to be purchased by the City and combined with the Public Safety Center and contains approximately 3 acres. The platted area contains approximately 18 acres. The plat is locateo south of T.H. 5 and west of Mitchell Road in the north ' of Section 16. HISTORY: The PUD for approximately 19 acres was approved by the City Council on May 15, 1979 per Resolution #79-93. Zoning to I-5 Park was established through Section 16-1 of Ordinance 135. The Developer's Agreement referred to within this report was executed on July 17, 1979. Due to the straightforward nature of this plat and the desirability of completing the action prior to the construction begining on the Public Safety Site, it is being recommended that the plat be considered a minor subdivision as provided for in Drdinance 93. This will allow preliminary and final platting procedures to be completed at one time. VARIANCES: Variances to be allowed are described in the Developer's Agreement. All other variance requests must be processed through the Board of Appeals. t 9410 • Pg. 2 Final Plat Cooperative Power Addition UTILITIES AND STREETS: • Utilities and roadways have been installed by the Developer in conformance with City Standards. Easements covering utilities to be owned and maintained by the City will be dedicated through the plat. An agreement to cover the maintenance of the decorative street lighting used within the plat will be necessary prior to release of the plat. The agreement will be similar to that used for Prairie Lakes Business Park. PARK DEDICATION: • The requirements for park dedication are covered in the Developer's Agreement. • BONDING: The requirements for bonding are covered in the Developer's Agreement. • RECOMMENDATION: Recommend approval of the preliminary and final plat of Cooperative Power Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of a satisfactory street lighting agreement. 2. Receipt of fee for City Engineering Services in the amount of $380.00. DLO:sg j. { • • l • ( CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 1, 1982 CONTRACTOR (MULTI-FAMILY & COMM.) Raven Ridge Corporation CONTRACTOR ( 1 & 2 FAMILY) Ridgewood Construction HEATING & VENTILATING Boulevard Sheet Metal & Heating Co. Egan & Sons Company PLUMBING Eagan & Sons Company GAS FITTER J & H Gas Services 3.2 BEER ON SALE Cedar Hills Golf Park Warehouse Deli VENDING MACHINE Hustad Development These licenses have been approved by the department heads responsible for the licensediactivity. Od- Pat Solie, Licensing • Ordinance No. $a-Ia AN ORDINANCE AMENDING ORDINANCE NO. 78-36 RELATING TO ESTABLISHMENT OF THE FLYING CLOUD AIRPORT ADVISORY COMMISSION. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Ordinance No. 78-36, Section 1, Subd. 1, is amended to read as follows: "Section 1. Subdivision 1. There is hereby created the Flying Cloud Airport Advisory Commission for the City of Eden Prairie, Minnesota, consisting of seven members to be appointed as follows: Three members to be appointed for a term of three years; two members for a term of two years and two members for a term of one year, to consist of at least one member to represent th^ Metropolitan Airports Commission to be appointed by the Chairman of the Metropolitan Airports Commission, no less than two members representing the Flying Cloud Airport Businessmen's Association to be appointed by the Mayor with the approval of the City Council, and four members, at least three of whom are residents of the City of Eden Prairie and represent the community's interest, to be appointed by the Mayor with the approval of the City Council. Subsequent appointments shall be made for three year terms. Terms shall continue until successors are appointed and qualified." Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1982, and q{q _Y f finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1982. Wolfgang H. Penzel - Mayor ATTEST: John D. Frane - City Clerk PUBLISHED in the Eden Prairie News on the day of 1982. • 9(ogfl dune I, i oc CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 82-125 RESOLUTION AUTHORIZING ;a NSP TOWER RELOCATION WHEREAS, Northern States Power has a certain tower Number 95 within the proposed right-of-way of Schooner Boulevard in Eden Prairie, Mn; WHEREAS, NSP's Tower Number 95 is located on private easement; and WHEREAS, NSP has estimated the cost to relocate said tower to be $21,455. • NOW, THEREFORE, 8E IT RESOLVED by the Eden Prairie City Council as follows: The Mayor is hereby authorized to execute an agreement with NSP in which the City of Eden Prairie will pay them the actual cost of such relocation. Furthermore, the Finance Director is authorized to issue a check in the amount of 80% of the estimated cost ($17, 164) to submit along with the executed agreement. ADOPTED by the Eden Prairie City Council on June 1, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk 9% . • , N Northern States Power Company F - 414 NKoxer Man Mmnu•tw4*.Mmmeeole 55401 •Teluprwrw(512)330.5500 May 12, 1982 RECEIVED Bather-Ringrose-Walsfeld-Jarvis-Gardner, Inc MAY 1 3 1982 1 2829 University Avenue SE .J Minneapolis, Minnesota 55414 B.R.W. _. Attn: Gary J Erickson, PE RE: C1TY OF EDEN PRAIRIE, SCHOONER BLVD RELOCATION AGREEMENT NSP STR. e95, LINE 0857 Enclosed are two copies of the agreement providing for the relocation of NSP's facilities to accommodate the construction of Schooner Boulevard and for the reimbursement by the City of Eden Prairie of the actual cost of the relocation. • Please have both copies of the agreement executed on the part of the City and return the original copy to this office. As stipulated in the agreement, the City will advance to NSP'80% of t the estimated cost of the construction (est. $21,455) with the executed 1 agreement. i1 NSP will commence relocation as soon as possible after receipt of the signed agreement and check in the amount of $17,164. S At 8.'47( ' , Highway & Railroa iais A General Services — BSG/ph Enclosure c: File gt)l ✓ RELOCATION AGREEMENT . ' • • THIS AGREEMENT, made this day of ' , 1982. between Northern States Power Company, a Minnesota corporation (hereinafter referred to as NSP) and the City of Eden Prairie, Minnesota, a Minnesota municipal corporation (hereinafter referred to as the CITY; WITNESSETH: ' WHEREAS, the CITY has requested that NSP relocate steel tower /95 of NSP's 115 kV electric transmission line No. 0857 (Black Dog-Westgate) to accommodate the construction of new Schooner Boulevard at Eden Prairie, Minnesota; and WHEREAS, NSP's tower /95 is located on private easement, NSP has requested reimbursement of the actual cost it incurs in relocating said tower /95 and the • CITY has agreed to so reimburse NSF; and • WHEREAS, it is NSP's policy that prior to any relocation, the requesting party (CITY) will pay NSP 80% of the estimated cost in advance of the necessary construction; and • WHEREAS, NSP has estimated the cost of this relocation to be 821,455.00. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth, it is hereby agreed as follows: • 1. NSP will relocate said tower /95 to accommodate the construction of Schooner Boulevard. • 2. The concrete foundation presently supporting tower /95 will be abandoned inplace by NSF. 3. The CITY will pay the actual costs of such construction. Such I actual costs shall include the wages (including all fringe benefits) of all employees of NSP devoting time toward design, engineering, construction, administration or any other activity • { associated with said project; costs of any necessary right of way; overhead costs associated with surveying, construction and other operations in the field (including but not limited to charges for mileage, equipment rental or cost, etc.); and material cost for all items associated with said construction. 4. Upon execution of the Relocation Agreement, the CITY will pay NSF 80% of the estimated cost of relocating this facility; the estimated cost is $21,455.00 (80% - $17,164.00). 5. Upon completion of this project, the CITY will pay NSP any excess of the actual costs over the 80% deposit received by NSF; should the initial 80% exceed the actual cost, any overpayment will be refunded to the CITY. 6. NSP will relocate its facilities as quickly as possible, subject to allowances of extra time for strikes or unforeseen delays in delivering of materials, or other unforeseen contingencies or because of NSF's need to transfer electrical energy without interruption. 7. The CITY will indemnify and hold NSF harmless from and against all claims, liabilities, costs and expenses (including attorney's fees) arising in connection with the relocation project; except such claims, liabilities, costs and expenses (including attorney's fees) caused by the sole negligence of Northern States Power Company. , . After execution of the Relocation Agreement and the receipt of 817.164.00, NSP will as soon as possible, begin the actual field construction. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.82-128 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed on Carlson Drive requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan; NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The City Engineer is hereby authorized and directed . ) to submit an application for "Permit for Connection to or Use of Commission Facilities" to the MWCC. ADOPTED by the City Council on Wolfgang Penzel, Mayor ATTEST: John Frane, City Clerk 9ti3 ry e MEMO TO: Mayor and City Council FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 26, 1982 SUBJECT: Res. 82-118 C.D.B.G. Submission Hennepin County's Office of Planning and Development Staff forwarded a draft.copy of a resolution form to be passed by Eden Prairie authorizing the County's submission of the Year VIII Community Development Block Grant package to HUD. The resolution form was received last week. JJ:sh • • • • { Gny • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-118 RESOLUTION AUTHORIZING THE SUBMISSION OF COMMUNITY __DEVELOPMENT ACTIVITIES-FOR THE CITY OF EDEN PRAIRIE • TO HENNEPIN COUNTY FOR CONSIDERATION AS PART OF THE YEAR VIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOP- MENT BLOCKHOUSING ANDG ORANT MMUNITYICATI DEVELOPMENTN INCE ACTDOFC1974,WIT ASSHE AMENDED. VH EREAS, the City of Eden Prairie has executed a cooperative agree- •ment with Hennepin County agreeing to participate in the Urban Hennepin County Community Development Block Grant Program, and WHEREAS, community development activities are proposed consistent with the Urban Hennepin County Statement of Objectives and Communtiy Development Program regulations, and WHEREAS, the development of these activities include citizen involve- ment. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Eden Prairie approves the proposed Community Development activities for consideration as a part of the Year VIII Urban Hennepin County Community Development Block Grant Application. • ADOPTED, by the City Council of the City of Eden Prairie, Minnesota, on this day of , 1982. • Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager ATTEST: 1 City Clerk SEAL 9'i5 MEMORANDUM _._ -._ TO: Mayor and City Council THRU: Carl Jul lie, City Manager FROM: Bob Lambert, Director of Community Services DATE: May 27, 1982 • SUBJECT: Tax Forfeited Lands The City has received the cla!sification list of non conservation land in Eden Prairie that forfeited to the State of Minnesota for non payment of real estate taxes. This list contains 18 lots along the future extension of Westgate Blvd. in Westgate Addition. The list also contains a lot in • Edenview 2nd Addition on South Lund Road. City staff is recommending acquisition of all 18 lots in Westgate Addition for public park, roadway and drainage way use. City staff is not recommending acquisition of Parcel 04-116-22-23-0019 in Edenview 2nd Addition. Maps attached to this memo indicated the location of each parcel. The Council may recall that these lots in Westgate Addition were forfeited to the State of Minnesota for non payment of taxes in 1978. At that time, the Council passed Resolution 78-184 indicating a desire to obtain title to those lots for park and drainage way purposes. However, after that resolution was passed, the owner of the lots took action to re-purchase the lots from the State of Minnesota prior to the City acquisition. Staff recommends the Council approve Resolution No. 82-127 authorizing the . acquisition of tax forfeited land for public open space and road right-of- way. __ ..BL;md - - • I CITY OF'EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-127 • A RESOLUTION AUTHORIZING THE ACQUISITION OF TAX FORFEITED LAND FOR - PUBLIC OPEN SPACE DRAINAGE WAY AND ROAD RIGHT-OF-WAY WHEREAS, the City Council of the City of Eden Prairie has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non payment of real estate taxes,which said list has been designated as Exhibit A attached hereto, and WHEREAS, provided in Minnesota Statutes 282, the City Council was asked to approve the public sale of these parcels or to indicate which parcels the City wishes to acquire for public use, and WHEREAS, the City desires to obtain title to the following parcels for public park, drainage way and road right-of-way purposes: PIN 09-116-22-33-0016 PIN 09-116-22-33-0039 PIN 09-116-22-33-0017 PIN 09-116-22-33-0040 PIN 09-116-22-33-0018 PIN D9-116-22-33-0041 PIN 09-116-22-33-0019 PIN 09-1i6-22-33-0042 PIN 09-116-22-33-0020 PIN 09-116-22-33-0043 PIN 09-116-22-33-0021 PIN 09-116-22-33-0044 .PIN D9-116-22-33-0022 PIN 09-116-22-33-0023 • • PIN 09-116-22-33-0024 PIN 09-116-22-33-0025 • PIN 09-116-22-33-0036 PIN 09-116-22-33-0038 and, WHEREAS, the City has determined that•.Parcel 04-1I6-22-23-0019 would not be of benefit to the City for public use, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eden Prairie does approve the sale of the Parcel described as follows: • PIN 04-116-22-23-0019 BE IT FURTHER RESOLVED, by said City Council that the City desires to obtain title the parcels described as follows: PIN 09-116-22-33-0016 PIN 09-116-22-33-0036 0017 0038 0018 0039 0019 0040 • 0020 • 0041 0021 0042 • 0022 0043 0023 • 0044 0025 � , 0025 6 • • • RESOLUTION NO. 82-127 _ADOPTED by the City Council of the City of Eden Prairie on this 1st day of June, 1982. • Wolfgang H. Penzel, Mayor ATTEST: • John D. Frane, City Clerk SEAL: • • • . • • • • • • • • Exh:b;t A - . CLASSIFICATION LIST 662-NC page 2 RICHFIELD - 6800 Girard Avenue S. 28-028-24-43-0007 • ST. LOUIS PARK • 4116 Highwood Road 30-029-24-44-0021 5613 39th Street W. 21-117-21-21-0003 1616 Kentucky Avenue S. 05-117-21-43-0115 CHAMPLIN (no address) 24-120-22-23-0002 CRYSTAL no address) 17-118-21-12-0002 (no address) . 05-118-21-12-0074 (no address) 17-118-21-12-0072 (no address) • 19-118-21-42-0015 IEOEN PRAIRIE 15901 Lund Road N. 04-116-22-23-0019 • 7630 Ontario Boulevard 09-116-22-33-0016 . 09-116-22-33-0017 09-116-22-33-0018 09-116-22-33-0019 ,, pq -116-22-33-0020 0 -116-22-33-0021 0 -116-22-33-0022 • 0 -116-22-33-0023 0 -116-22-33-0024 0 -116-22-33-0025f. 0 -116-22-33-0036 0 -116-22-33-0038 1 • 0 -116-22-33-0039 t • .0 -116-22-33-0040 0 -116-22-33-0041 • 0 -116-22-33-0042 0 -116-22-33-0043 J 0 -116-22-33-0044 I•IAPLE GROVE • 6204 Orleans Lane N. 36-119-22-43-0004 MEDINA • (no address) 18-118-23-22-0129 (no address) 18-118-23-22-0130 • 974 C n„ ^✓, �41, `i' , 0 a of a 0��0^0 'r°6, le 5 e� ./ - A u, I 9 C /`moo a'-' P ': 'i r y/1g-• 7.. to l N . 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DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of May 24th ,1982 by and between RUSCON HOMES, INC, a Minnesota Corporation hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", • WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to R1-13.5 approximately 26 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property and WHEREAS, Owner desires to develop the property for construction of 64 single family residential units. NOW THEREFORE, in consideration of the City adopting Ordinance No. 82-08, and Resolution No. 82-82, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated April 9, 1982 reviewed and approved by the City Council on May4, 1982 and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. • • • • / Developer's Agreement-Deer Creek First Phase • page 2 • 3. Owner shall, prior to issuance of any permit for building upon the property, submit detailed plans to the City and obtain the City's approval thereof. Such plans shall include, but not be limited to: a. a platted drainage easement between Cots 20 and 21, Block 3, as depicted on Exhibit B. Such easement shall be dedicated to City. b. detailed utility plans for sanitary sewer, water, and storm water. c. redesign of lot lines so that no more than two back lots of the property abut the existing back lots of Ridgewood West located adjacent to the property's southern boundary. d. a detailed landscaping plan depicting the transplanting of pine trees on the property to the back yard areas of Lots 8 - 16, Block 3. 4. Owner shall, and cause others to, excavate areas of poor soils in the property and backfill with granular soils. 5. Owner shall not construct or permit to be constructed units fronting on any street having a similar front facade or floor plan unless each similar unit shall be separated by at least two units fronting on such street having disimilar facades and floor plans. 6. Owner shall be assessed the property's fair share assessment for the construction of Anderson Lakes Parkway and associated improve- ments. 7. Owner shall, at time of City's review of Deer Creek Second Phase application for development not object to City's determination that Anderson Lakes Parkway must be constructed prior to occupancy of units within the second phase. 8. For the purpose of constructing modest cost housing, Owner shall not, or allow others to, construct units with more than 1,100 square feet of finished floor space with the original building permit. 9. In implementation of the PUD and as variances from certain require- ments imposed by City Ordinance 135, as amended, City authorizes the following: • a. platting of lots of 6,300 square feet or larger. • b. density of 3.5 units/acre. • Cr0 • • Developer's Agreement-Deer Creek First Phase page 3 • c. side yard setbacks as follows: 1. 5 foot setback from garage to side lot line. • • 2. 10 foot setback from any living space to . side lot line. d. lot widths of 55 feet or larger. 10. Owner shall, and cause others to, place mailboxes for Lots 8 - 11, Block 1, in a single location as depicted on Exhibit B. 11. Owner shall, concurrent with construction of streets and utilities within the property, construct a 28 foot wide roadway measured back of curb to back of curb as per the requirements of the City Engineer within Outlot B depicted on Exhibit B, and Owner shall dedicate said Outlot 8 to the City for road purposes. • • • • • • • TY) Developer's Agreement-Deer Creek First Phase •page 4 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 by Carl J. Jullie, City Manager STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 24th day of May , 1982 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal cor- poration on behalf of the corporation. Notary Public • d RUSCON H S, 1N .1 7 by STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) The fore oing instrument was acknowledged before me this the rf �"L, day of , 1982 by Al .. �� �a of Ruscon Hofles, Inc. a Minnesota_sprpdlt on, on behalf of the corporation. 09,00 otary Public • • • cno • • N (n O cc t. U ... C U a, • O c 0 m CI N C C) ., I O U ,C, 0 CJ C v) .c I a th ... U _ U 0 .1 y C_ [..0 N O U -' a C " O r0 :.'7 C ' C ,J C r N U O E O N •0 0 0 0 0 ` N .�. CJ _ 0) CJ ... h '0 O N �, 0 C V) 0) N U) '.'� 0 -0 ^ U 5 ,n q > O N C • V E C U r1 ,t_. .vi ' C N j -'0 N r ..In J am.. V N N •-• C, C O C U a 0 j N C ' O C! .' •r rn C O N r) U 0 H •yN N\ CJ a t0 C) U) `n O 0 0 C ; ; u E in U .� O - v, U �.C y O N 3 m O 0 0 E C yin .c -• U to - '' O r+ N C r) (0 t0 U CJ N y U V7 CJ C) A E •0 U V7 C u p N " N n O N - G v O N C C h C ,.. VI t`. 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N ^' N N N 0, •sr .-+ .' 0, 0 0' C , 1., N O L - 0 . C - U 0 O CL . C 0 C N ,.. h coC C 0 0 C0 '0 E C, C •p 0 a'(0 C F. U W 0 C 0 u a0 C C0J > - CC) n N ~IC. C) -' C.• to O U ,0 �' N N N wO co Op -' 0r) ,° 0. 0 0 0 " U C v o vC C C) C o .0 ..•C v) -^ ) C' d 0 z .0 y .. 10 0 "0 > N C U U C: N `0 CJ O N 0) C) J- X O C `-' ; 30Cmton E0 m ._CzWtorn °) w00oW H 0 to U O Exhibit A • 981 .\. �., .R..`f. mitchell _._ _ road — . : :1 %-I 1 I; • • ''f 4 :Y '�1 ^� it t ' r 1''L-'i, ,i 2 :s, a . ' Yc 73 r F---Q—-L i N •. g '. r 1' 1 s . 4 -. • • O`T •N ' T _f •Q� • • 6 N 1 • t Cr • r' ' , ... "k 1 ■ m 401Ccj4 s ,-'c )-• y a', t_ _ e mailbox L . . l-•-<~• , 1:I F; 8 r locatior4 for. :.. .r lots 8-11,block'1 I :e. .i 1 1 .iX : I Tr: .. • .•, • '. s r 4... - • • - ___---cot$ fs '•4'l` 5., '_r.,..:5_ ,•. .m ,. • r i kO' _'�, -. r r x •i' EXHIBIT B ;►c 4. 1..; ° ' i t8 zS KOA' April 9, 1982 J' 1/80 • • • DEVELOPER ' S AGREEMENT . EXHIBIT C page 1 of 5' • I. Prior to release of final plat, Owner shall submit to the City• - Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. II.. Owner shall submit-detailed construction and storm sewer plans to the Riley Purgatory Creek - Watershed District for review and approval. • Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $ 250 per lot . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require d 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/u) • Page 2 of 5 Exhibit C V. A. All sanitary sewer, watermain and storm sewer facilities, concrete curb, gutters,sidewalks,streets and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engin- • eer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work. labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or May 24th , 19 82 . Upon com- pletion and acceptance, Owner warrants and guarantees the improve- ments against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. . . Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be deliver- ed to the City Engineer within 60 days of completion thereof to- • gether with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance with City-approved plans and specifications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer, and re- . ceipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B, In lieu of the obligation imposed by subparagraph V.A, above, Owner may submit a 100% petition signed by all owners of the property, re- questing the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and • special assessments for all costs for said improvements will be levied on the property, except any property which is or shall be ded- • • 6/81 • • page 3 of 5 Exhibit C • • icated to the public, over a five year period. Prior to the award • of any contract by the City for the construction of any improve- ments, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and mater- ials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. • C.. Prior to release of final plat, Owner shall pay to City fees for first 3 year street lighting (public streets) engineering re- view and street signs. VI. A. Owner shall remove all soil, and debris from, and clean, all streets within, the property at least every two months, (or within one week from the date of any request by City), during the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvements therein are accepted for ownership and maintenance by City. Prior to City accepting streets and improvements, Owner shall have restored all boulevards according to the obligations contained within paragraph VI B. B.. Within 20 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a in 1B+ inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket with seed ap- proved by the City (secured with stakes a maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise ," for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted-for ownership and maintenance by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of 6 feet on either side of the center of the swale: dit of C. The bond shall also rguarantee fthe e provided in paragraph performanceofOner'sobligationseunder this paragraph VI: VII. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof, Owner for itself, its successors, and assigns shall not oppose rezoning of said property to Rural. CaC 6/BI page 4 of 5 Exhibit C VIII. Provisions of this Agreement shall be binding upon and eenfinorceablede against • • Owner, its successors, and assigns of the property i . IX. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens, and other encumbrances, except: X. In the event there are or will be constructed on the property, 2 or more streets, and if permanent street signs have not been installed, Owner shall install temporary street signs in accordance with recommendatt tos of the City Building Oepartment, prior to the issuance of any pn build upon the property. planting, landscaping, proppingg, XI. All improvements ofa any 9structure�to or upon any of the property or other lands to be conveyed or dedicated to the City or for which an easement is to be given to the City for park or other recreational purposes, shall be completed by Owner and acceptance to • the Director of Community Services and shall be free �ndoclearaofranyr lien, claim, change, or encumbrance, including any fo services rendered in connection therewith or material equipment or ytherefore2 on or before 2. Uponrr of, 2 completion and acceptance Owner May and , anydefect in materials warrants and guarantees the improvements earsifollowing said completion or workmanship for a period of two (2) y and acceptance. In the event of any defect in materials or workmanship within said 2 year period the warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. 1 Defects in materials or workmanship shall be determined b hecy0the r Oirector of Community Services. Acceptance of improvements by the of Community Services may be subject to such obligations as he may impose at the pefypinspectiance. onnduring through constructioneof shall all improve- for competentdaily ments. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: iI • Submit a bond or letter of credit which guaranteesdcom pletion of all improvements within the times p upon the conditions, and in accordance with the terms of this Paragraph XI ., including but not limited to, a guarantee against defects materialstr orm lrr workman- ship for a period of two (2) y tion and the extension of the period to three e (3) years , in the event of any defect during said year Oirep3err iy-e d • and acceptance of the improvements by the cof Community Services shall be 125% of the estimated con- struction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the Director of Community Services. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the Director of om-all munity Services. The Owner's registered engineer make and submit for approval to the Oirector of Commun- ity Services a written estimate of the costs of the • improvements.. • 1/80 9/10/80 • Page 5 of 5 Exhibit C • XII. Owner acknowledges that the rights of City to performance of obligations of owner contemplated in this agreement are special, unique and of an extraordinary character; and that in the event that owner violates or fails or refuses to perform any covenant, condition or provision made by him herein, City may be without an adequate remedy at law. Owner agrees, therefore, that in the event he violates, fails or refuses to perform any covenant, condition or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. XIII. My term of this agreement that is illegal or unenforceable at law or in equity shall be deemed to be void and of no force and effect to the extent necessary to bring such term within the provisions of any such applicable law or laws, and such terms as so modified and the balance of the terms of this agreement shall be fully enforceable. XIV. Owner shall, prior to the commencement of any improvements, provide written notice to Minnesota Cablesystems Southwest, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. -Notice shall be sent to Minnesota Cablesystems Southwest c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 IOS Center, Minneapolis, Minnesota 55402. • • • • • • 9r) • OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN RUSCON HOMES, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of 19B2 by and between Thomas L. Carmody and Grace B. Carmody, husband and wife, hereinafter referred to as "Owners", and the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as "City", For and in consideration of, and to induce City to adopt Ordinance B2-0B and to change the zoning of property owned by Owners from Rural to R1-13.5, described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the property", as more fully described in that certain Developer's Agreement entered into as of , 1982 by and between Ruscon Homes, Inc. and City, Owners agree with the City as follows: 1. If Ruscon Homes, Inc. fails to proceed in accordance with the Developer's Agreement within 4B months of the date thereof, Owners for themselves, successors, heirs, and assigns will not oppose the rezoning of • the property to Rural. 2. Owner agrees that it will not develop the property in a manner inconsistent with the terms of the above- described Developer's Agreement. In the event that Owner transfers the property, Owner agrees to obtain • an agreement from the transferee stating that such transferee shall not develop the property in a manner inconsistent with the above-described Developer's Agreement. 3. This Agreement shall be binding upon and enforceable against Owners, successors, heirs, and their assigns of the property. • qZ� • Owner's Supplement-Deer Creek page 2 OWNER: / r it by homas L. Carmody, husband y Grace B. C rmody, wife STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) Thefo,�egoing instrument was acknowledged before me this 'u day of !r/rt./1 , 1982 by Thomas L. Carmody, husband, and Grace B. Carmody, wife, a M3nesota corporation, on behalf of the corporation. ■A.VNM.yL'N/rVNIJWH+�hK1�1MM1VM11•. PAIP,ICIA H HYL?NO ��. I r'.L NOTARY PUBLIC MIhNEBOTA C lLv 4(/ _ 1 C u ��/,`� HEN\EP19 COUNTY /" ,„„( MY Corn s;,onEzpuz:,'.'r31.1989 Not y Public CITY OF EDEN PRAIRIE: by Wolfgang H. Penzel, Mayor • by Carl J. Jullie, City Manager. STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) 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 corporation, on behalf of the corporation. Notary Public • • 91.9 • • O N 0) C 1 O C U U 7N U O V G rn 'C1 7 r ^ U7 0 � '-' _a nU , C p > V . , _ r. Vf rc ` C jC T.' N p 5E O -C "0 . O V O ` : U -0O t C toC ! U ' • � • en n N R C CJinn Cn v�- V .— U cc, > O N • .0ra/ NC �\ $ C U M L ° rN7 ✓� N ., / LU 'nN - ' C •, O '. C > 0, U N 0 ' vH ,5N ° c, N O 0 L N_ w zi 7 0 -, ... N v N . W .. C 7y ` C O U J O U r-J 7 C. W. y 7 C l N © °' U2C J O Van .� rnn -'N U t0 - 'n N ) U E Un � u r uU U r7 :; 2, n U 0 C` 0 = in0 ! 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O x O Ili O C v aD r7 ' ID W N a, (,,.3 O N W ... .4-' _ _ UCv, anUCN .� to7 H •-• * r I Exhibit A I 1 9 9° Deer Creek 1st Phase CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 82-08 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The property situated in the County of Hennepin, State of Minnesota, as set forth in Exhibit A, attached hereto and made a part hereof shall be and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District. Section 2. The above-described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1982 between Ruscon Homes, Inc., and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. •This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4 day of May, 1982 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on trigF day of , 1982. 1 O U C) P N_F�CO0.3., r3p 'N7.00. ✓•NC� .c�. u_ •(nu C UC+C�. v U U C: •.n, 7 V afG70• fa NNEUO NCC..c 1 _ U 0 O N c 01 • U(• U U 2 n N ocs n n 7 U U • •• 0 C U , N ,n •.7.; co > O ^ OO m1n CCy w � U c' i O+ N0 C v, v, o N C . U ~ O wInpO CU ` ^ U rn • p d . CU fC8U N ra co) 7U4_,cinv ;o _ U7NoO " Olci. U � n•C N � OCNo03U7 U 0Uv U ( _• U O . N NJ 2U •C " dn U OE ID C C N O 7 6 UU 7 00 - ,.' U3o 3 ., CU0 , 7CCc Ou c yO • 0 UO OE C " 7O 17+ La ` • UU N U c U •, c) C) U O0)) 4. 07 CJ N •' O . C+ U 'O U G G :J O '"' 0) C y 0 U .-. v N U d' O w `� r� J C O C N O L N U v) •n C w N A C • O 10 O U -0 c•, n co v v ? E^.\ n C E ate) ° p N In O U) C U Q J C ". 7 C C n N C •O O •C u rC0 N L U A •U y y t ° 0 U O C p • C u N l7 N roc C .. _N C Z U ca. N n 10 N J y u 7 C C j - u U Ol 0 v N '� N 2 (n 'a' ZC,•j O1 "a U U 0 w C C J O C N Cp J C 'UC' 7 0 p) y C J r O c• — O r ., O c .CU. 2 C U c If, 0 W O D• U c.) 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(O c > ` vw .. 0 c t C O U N n• U m U 1n O ,13 U cO •- N ,NCO0.o VCN U' O L C N C ., * O 7 O D Ou u C U ..0 ..n " U U C Ol t0 w 71 CUB U c . C• U O ` c U RIx O Fr+ 10 > w 0 N tO U ) c in7 Z7 to7_ ..U. co C, ww 0 O Exhibit A 99a • • • `MEMORANDUM T0: Mayor and City Council • THRU: Carl Jullie, City Manager • • FROM: Bob Lambert, Director of Community Services DATE: May 28, 1982 SUBJECT: An Ordinance Prohibiting the Sale of Articles in Parks and Amending Ordinance No. 80-27 At the Apr. 5, 1982 meeting, the Parks, Recreation and Natural Resources Commission discussed the possibility of the need for an ordinance regulating vendors in the Eden Prairie parks. The Commission requested staff to further check our existing ordinances to find if this was covered by any other ordinance, and also to check with other cities to see how other cities handled the same concern. City staff checked the City ordinances and found that no existing City ordinance controls vendors within City parks. City staff then contacted several other communities to determine what type of ordinance controlled • vendors within their park system. The majority of the communities contacted simply handled this item within their park use ordinance. Roger Pauly has reviewed the City's Park Use Ordinance and the City's • ordinance that regulates peddlers and solicitors and has determined that • an ordinance amending the park use ordinance would be most appropriate, and has drafted a proposed ordinance for your review and approval. BL:md • • • • 993 HENNEPIN COUNTY, MINNESOTA•. Ordinance No. 1:',;-/3 AN ORDINANCE PROHIBITING THE SALE OF ARTICLES IN PARKS AND AMENDING ORDINANCE NUMBER 080-27. aHE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 080-27 shall be amended as follows: Subd. a. Section 4 shall be amended by adding thereto subdivision (g) as follows: "Section 4. (q) Sell or offer for sale any article or thing whatsoever in any park without a permit, provided, however, this prohibition shall not apply to any such sale or offer for sale by the City of Eden Prairie, its agents, employees, and its con- cessionaires and their agents and employees." • Subd. b. Section 5(c) shall be amended by adding thereto suoaivision (iv) as follows: "Section 5. :(c) (iv) Payment of such fees as shall be prescribed by the City Council from time to time by resolution." Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1982, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 19E:. Wolfgang H. Penzdl - Mayor ATTEST: John D. Franc - City Clerk PUBLISHED in the Eden Prairie News on the day of , 1982 • June 1, 1982 • STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The .ollowing accounts were audited and allowed as follows: • 1880 VOID OUT CHECK $ (145.74' 1938 MR. STEAK Expenses 1,788.30 1939 MIDWAY YMCA Conference-Community Center 35.00 1940 MINNESOTA DEPARTMENT OF P/S Fee-Motor vehicle registration 1.25 1941 HASTINGS POLICE DEPT. Fee-Police Dept. 50.00 1942 DANA GIBBS Packet delivery 234.00 1943 WENDY-BURNS CARLSON Instructor-Skating lessons 516.40 1944 RALPH KRATOCHVIL Instructor-Exercise lessons 633.25 1945 ANDREA BROSCH Instructor-Racquetball lessons • 105.00 1946 ED. PHILLIPS & SONS Wine 762.97 1947 TWIN CITY WINE CO. Wine 212.42 1948 GRIGGS, COOPER & CO., INC. Liquor 1,872.30 1949 JOHNSON BROTHERS WHOLESALE Liquor 46.55 • 1950 OLD PEORIA COMPANY INC. Liquor 392.82 1951 MIDWEST WINE CO. Wine 1,135.2 1952 ST. PAUL POLICE CANINE UNIT Expenses-Canine Unit 45.00 1953 THE GUNNERY Ammunition-Police Dept. 26.70 1954 FEDERAL RESERVE BANK Payroll • 17,589.27 1955 COMMISSIONER OF REVENUE Payroll 6,975.82 1956 AETNA LIFE INSURANCE Payroll 101.00 1957 MINNESOTA STATE RETIREMENT Payroll 40.06 19" GREAT WEST LIFE ASSURANCE Payroll 2,225.0C 1! UNITED WAY OF MINNEAPOLIS Payroll 73.50 19b0 PERA Payroll -12,472.55 1961. VOID OUT CHECK 1962 INTERNATIONAL UNION DF OPERATING Dues 1392 392.000 , 1963 U.S. POSTMASTER Postage 75.00 C 1964 HASTINGS POLICE DEPT. Fee-Police Dept. 192.66 1965 COMMISSIONER OF REVENUE April 82 fuel tax 1.1E 6,71 1966 COMMISSIONER OF REVENUE April 82 Sales tax 1.1C 1967 MINNESOTA DEPARTMENT OF P/S Fee-Motor vehicle registration 2,260 25 25 1968 ED. PHILLIPS & SONS CO. Liquor 2,260.91 1969 INTERCONTINENTAL PCKG. CO. Wine • 1,114 71 1970 THE LIQUOR HOUSE Liquor 1,775.9,, 1971 GRIGGS, COOPER & CO., INC. Liquor 4,788.14 1972 JOHNSON BROTHERS WHOLESALE Liquor • 2,166 21 1973 OLD PEORIA COMPANY, INC. Wine 338.776 1974 MIDWEST WINE CO. W10e 35.95 1975 PAUSTIS & SONS Wine 1976 MY CHEESE SHOP Expenses 28.90 1977 HOLIDAY INN Expenses 138.24 1978 UNITED STATES POLICE CANINE Dues-Canine unit 16.00 1979 ANDREA BROSCH Instructor-Racquetball 51.00 `-1980 A & H WELDING & MFG. CO. Steel-P/S & P/W Bldg. 206.7C 1981 ACRO-MINNESOTA, INC. Office supplies • 226.73 1982 ADVANCE AMBULANCE & EQUIPMENT Resuscitator-Fire Dept. 837.21 37.2 7 1 STUART ALEXANDER Mileage 50 6C i , AMERICAN SCIENTIFIC PRODUCTS Equipment-Water Dept. 520.6! 1985 LON B. ANDERSON Service 00.O. 1986 ASPLUND COFFEE CO., INC. Coffee-Community Center 428.0( 1987 ASSOCIATED ASPHALT, INC. Blacktop 20.0: 1988 AUTOTRAAC Speedometer test. Page two Ju , 1982 1989 BSN CORP. Soccer nets-Park Dept. 186.00 1990 BAKER POOLS OF THE N.W. Supplies-Community Center 54.33 1991 B R W • Service-Eden Road, Mitchell Road & W 78th 58,074.10 Street, City West Streets & Utilities, Shady Oak Feasibility, Schooner Blvd. 143.00 1992 BRIAN BERGSTROM Softball official 43.00 1993 DENIS BILLMYER Softball official 15.00 1994 MICHAEL BOSACKER Expenses 10.90 1995 BROWN PHOTO Film processing-Police Dept. 15.9 1996 BURNET REALTY Refund-Water & Sewer billing 7275.09 9 1997 BURTON EQUIPMENT, INC: Shelving-Community Center 35.00 1998 BERGIN AUTO BODY Paint tool box-Water Dept. 3200 1999 BUTCH'S BAR SUPPLY Supplies-Liquor Stores 252. 5 2000 STEVE CAHLOON Mileage 2001 CARDOX Liquid carbon dioxide-Water Dept. 1,669.36 2002 M.E. CARLSON Service-Community Services 25.00 2003 CASE POWER& EQUIPMENT Hose-Park Maintenance 130.10 2004 CASH REGISTER SALES, INC. Service-Liquor Store/Preserve 14.96 2005 CHEMLAWN Service 423.10 2006 CHEMSCAPE Service • 178.2C 2007 CONTROL MARKETING INC Supplies-Fire Dept. 18.02 2008 COPY EQUIPMENT INC. Tape-Park Planning 50.25 20^n CROWN RUBBER STAMP CO. Stamps 18.70 2 DALCO - Cleaning supplies-Community Center 156.74 2011 EUGENE A. DIETZ Expenses 134.CO 2012 DRISKILL'S SUPER VALU Supplies 101.72 2013 EDEN PRAIRIE SCHOOL DISTRICT April fuel 2,327.55 2014 DEAN EDSTROM Refund-Skating lessons 50.00 2015 ELVIN SAFETY SUPPLY, INC. Dog repellant-Water Dept. 49.00 2016 EMPIRE-CROWN AUTO, INC. Equipment repair & parts 5.66 2017 ESS BROTHERS & SONS INC. Sewer covers-Park Maintenance 690.00 2018 EXIDE BATTERY SALES Batteries-Street Maintenance 250.43 2019 J.N. FAUVER COMPANY, INC. Hose-Water Dept. 12.60 2020 FEED-RITE CONTRDLS, INC. Sulfate-Water Dept. 3,502.0E 2021 DIRECTOR OF FINANCE 1 section maps-Engineering Dept. 16.0C 2022 FIRE CHIEF Subscription-Fire Dept. 18.DG 2023 FITNESS STORE Cable-Community Center 59.90 2024 JOHN FRANE Expenses 161.80 2025 FRONTIER LUMBER & HARDWARE Lumber-Park Maintenance 221.8;' 2026 GLW DISTRIBUTING Supplies-Liquor Stores • 314.00 2027 GENERAL COMMUNICATIONS, INC. Equipment repair & parts 233.24 2028 GENERAL SAFETY EQUIPMENT CORP. Equipment repair & parts-Fire Dept. 3,170.4r 2029 GLENROSE FLORAL & GIFT SHOPS Expenses 40.5C. 203D GLIDDEN PAINT Paint-Park Maintenance 113.60 2031 GNERER WELDING INC. Supplies-Fire Dept. 15.64 2032 WES GROOTWASSINK Basketball official 37.50 2033 HACH Lab supplies-Water Dept. 217.02 (i '4 JACK HACKING Expenses 82.1E 5 CHRISTINE HAMILTON Refund-Swimming lessons 9.00 2036 HAYDEN-MURPHY EQUIPMENT CO. Valve kit-Street Maintenance 163.5( 2037 HENNEPIN COUNTY DIRECTOR April B2 Service-Forestry Dept. 800.0: • 2038 HENNEPIN TECHINCAL CENTERS School-Fire Dept. 200.0f 2039 MARK HURD AERIAL SURVEYS INC. Service 270.0 2040 HALLOCK COMPANY, INC. Sludge discharge.timer-Water Dept. 131.9L c)9S . • Par three Ju. I, 1982 . 2041 J & R RADIATOR CORP. Radiator repair-Street Maintenance 51.80 2042 DWIGHT JELLE . Service-Rec Dept. 18.00 2043 JASEPH KASID Softball official 132.00 2044 KEVIN KOHLS Softball official 175.00 2045 BHARAT M. KOTHARI Refund-Exercise classes 25.00 2046 KRAEMERS HOME CENTER Bicycle reflectors 240.00 2047 LANG, PAULY & GREGERSON, LTD. Legal service 8,163.44 2048 LARSON ENGINEERING Dash lights-Police.Dept 50.00 2049 JODY LARSON Refund-Swimming lessons 14.50 2050 LOGIS Service 2,820.87 2051 LOWELL D. LUND Mileage 12.00 2052 MACQUEEN EQUIPMENT INC. Parts-Street Maintenance •160.54 .2053 JOHN C. MARTINSON Refund-Herb Gardening 7.00 2054 ROBERT N. MARTZ Expenses 163.05 2055 JAN MARUSHA Supplies-Kids Korner 4.52 2056 MATT'S AUTO SERVICE, INC. Towing service 120.00 2057 MARY JO MEHL Refund-Exercise lessons 15.00 2058 METROPOLITAN WASTE CONTROL April SAC Charges 6,311.25 2059 METROPOLITAN WASTE CONTROL Sewer service • 50,574.5 2060 KAREN MEYER Refund-Creative Dance 9.00 2061 MIDWEST ASPHALT CORPORATION Blacktop 84.42 2062 MINI GYM Equipment-Community Center 8,398.0G 2r M.R.P.A. Fee-Softball 96.00 2t. MINNESOTA GAS COMPANY Service 5,322.1' 2065 MINNESOTA VALLEY ELECTRIC CO-OP Service 34.5C 2066. W.M. MONTGOMERY Service-City Radio Study 2,50D.O€' 2067 MUNICIPAL ELECTRONIC EQUIPMENT Repair radar-Police Dept. 128.17 2068 NATURAL GREEN, INC. Supplies-Street Maintenance 14.75 2069 NORTH STAR WATERWORKS PRODUCTS Pressure regualtor-Water Dept. 160.8= 2070 NORTHERN STATES POWER Service 11,631.75 2071 N S P Service 2.63 2072 NORTHLAND BUSINESS COMMUNICATION Equipment repair-Police Dept. 115.00 2073 NORTHWESTERN BELL TELEPHONE CO. Service 811.59 2074 BERT-OLA & SANORA A HASSEL Refund-Variance 25.00 2075 GARY OTTERDAHL Softball official 78.50 2076 PARK AUTO UPHOLSTERY Repair car seat-Police Dept. 65.00 2077 RICHARD PARKER Refund-Water & Sewer billing 5.48 2078 PHOTO QUICK Supplies-Fire Dept. 2.95 2079 TIM PIERCE & ASSOC. INC. Service-Schooner Blvd. 1,485.00 2080 POKORNY COMPANY Supplies 143.12 2081 POMMER MFG. CO., INC. Trophies-Rec Dept. 150.00 2082 POWER BRAKE EQUIPMENT CO. Flashers-Fire truck 52.17 2083 PRAIRIE OFFSET PRINTING, INC. Forms-Liquor Store/Preserve 250.24 2084 PRAIRIE OFFICE PRODUCTS Office supplies-Park Planning 5.00 2085 PREST COMPANY Paint-Water Dept. 17.40 2086 PUBLIC SAFETY-PETTY CASH Expenses 13.47 20R7 RANDOM SPECIALTIES Refund-Water & Sewer billing 3,318.2.: 7 RAPID COPY, INCORPORATED Pouches-Police Dept. 51.93 . 2u01 ROAO tACHINERY & SUPPLIES Equipment parts-Street Maintenance 217.04 2090 ROBERTS DRUG Supplies-Fire Dept. 6.96 . 2091 ROBERTS LITHO, INC. Brochures-Foresty Dept, Spring Community Ed. 2,984.C: 2092 ANN ROGERS Service-Community Services 18.0: 2093 RYAN'S RUBBER STAMPS Stamp-Water Dept. 8.00'. • 99(P • • Page four Jur. , 1982 2094 SHERMAN NURSERY COMPANY Supplies-Forestry Oept. 55.94 5.94 2095 STEVEN R. SINELL Expenses 2096 SOUTHWEST SUBURBAN PUBLISHING Ads 752.72 2097 SHERYL STEAD Refund-Exercise classes 14.00 2098 MAVIS SULLIVAN .Refund-Swimming lessons 17.00 2099 SULLIVANS SERVICES, INC. Service 50.00 2100 RICHARD SCHWARZ/NEIL WEBER Service-Park Shelter 1,200.00 2101 CARRIE TIETZ Service 118.13 2102 TURNQUIST PAPER COMPANY Supplies-Community Center 185.32 2103 VAN WATERS & ROGERS Chlorine-Water Dept. 358.20 2104 VAUGHN'S Flags-Water Dept. 152.00 2105 WATER PRODUCTS COMPANY Curb box-Water Dept. 86.18 2106 SANDRA WERTS Mileage • 8.13 2107 WEST WELD SUPPLY COMPANY Welding rods 389.83 2108 WESTERN IRRIGATION, INC. Sprinkler system controller 1,150.00 2109 SHARON WESTMAN Expenses 150.00 2110 CARL WEYER Refund-Creative Oance 9.00 2111 OIANE WIGG Refund-Exercise classes 22.00 2112 XEROX CORPORATION Service 773.86 2113 MIKE YOUNKERS Service-Community Services ' 100.00 0.00 2114 ERIK ASTLUND Refund-Kids Korner 2115 CHADLEE CARTER Refund-Kids Korner 3.00 21'' LYNN CHAPIN Refund-Kids Korner 3.00 21 DAVID COHEN Refund-Kids Korner 3.00 2118 EDENVALE GOLF COURSE Instructor-Golf 1,325.DU 2119 KELLEY ELEMENT Refund-Kids Korner 6.00 2120 ROBBIE EMAHISER Refund-Kids Korner 3.00 2121 HENRY HSU Refund-Kids Korner 3.00 2122 CREIGHTON HUSSEY Refund-Kids Korner 3.0D 2123 GRANT HUSSEY Refund-Kids Korner 3.00 2124 PAULINE KACHER Instructor-Creative Dance 234.00 2125 CAL LINSTRDM Refund-Kids Korner 3.00 2126 SCOTT LATZER Refund-Kids Korner 6.00 2127 ELIZABETH MARCH Refund-Kids Korner 3.00 2128 JAN MARUSKA Instructor-Kids Korner 260.00 2129 MICHAEL MARUSKA Refund-Kids Korner 3.00 2130 JERRY NEEDHAM Instructor-Dog Obedience 200.00 2131 DAVID PATTERSON Refund-Kids Korner 3.00 2132 REBECCA PLOWMAN Instructor-Tennis 1,146.00 2133 MATT PUDAS Refund-Kids Korner 3.00 2134 MEGHAN RILEY Refund-Kids Korner 3.00 2135 TERRA SAXE Refund-Kids Korner 3.00 2136 BENJAMIN SIEG Refund-Kids Korner 3.00 2137 ALEXANDER STEPHENS Refund-Kids Korner 3.00 2138 MIKE TEITLEBAUM Instructor-Karate 350.00 2139 TRENT TERRIQUEZ Refund-Kids Korner 3.00 2140 JEFF THURK Refund-Kids Korner 3.0D 2' ' SHANNON WARD Refund-Kids Korner 3.0D 1. CAROLYN CASSOLA Instructor-Guitar 618.00 2143 KAREN HARRIS Instructor-Exercise classes 1,255.20 2144 MID-CENTRAL FIRE INC Decals, helmits-Fire Dept. 654.25 2145 CHRIS PALM Instructor-Exercise classes 3,260.80 2146 SON OF A PRINTER, INC. Printing-Police Dept., Community Center 97r.05 2147 INSTY-PRINTS Printing-Senior Center Page five Ju ', 1982 2148 MINNESOTA RECREATION & PARK Conference-Playground leaders 81.00 2149 CHUCK PUFAHL Sports official 365.00 2150 RON ESS Hockey official 180.00 2151 LAKE REGION MUTUAL AID Conference-Fire Dept. 39.00 2152 JACK HACKING Expenses • 16.66 TOTAL $271,738.4," • • • • • • • • q91 I PROPERLY MANAGEMENT 71- A-2208 Government Center k Minneapolis, Minnesota 55487 *'��•°' HENNEPIN MAY 181982 May 13, 1982 Mr. Carl Julie, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Mr. Julle: Enclosed are two copies of the First Amendment to Agreement No. 2291 covering Hennepin County's lease of real property for library purposes. Please submit these documents to your City Council and, upon approval, return both executed copies to this office. If you have any questions on this matter, feel free to call me at 348-8537. Sincerely, Marcia Wilda Property Manager Enc. . HENNEPIN COUNTY an equal opportunity employer . 999 FIRST AMENDMENT TO AGREEMENT NO. 2291 THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, apolitical subdivision of the State of --Minnesota, hereinafter referred to as -"LESSEE" and the CITY OF EDEN PRAIRIE, State of Minnesota, hereinafter referred to as "LESSOR"; WITNESSET H: • WHEREAS, pursuant to that certain Lease Agreement dated June 28, 1972, bearing Contract No. 2291 (Lease), LESSOR (formerly the Village of Eden Prairie) leased to LESSEE for public library purposes certain real property, upon which LESSEE constructed a branch library building; and • -WHEREAS, said Lease has heretofore been renewed pursuant to the terms thereof; and WHEREAS, the parties hereto desire to extend the term of said Lease for an additional five-year period; NOW, THEREFORE, the parties hereto do agree as follows: 1. The term of said Lease is hereby extended for a period of five (5) years commencing on July 1, 1982, and terminating at midnight June 30, 1987, or until such earlier time as 1 such property shall cease to be used as a library purpose. Except as herein amended, the terms, conditions and provisions of said Lease (except that no renewal option is included) dated June 28, 1972, bearing Contract No. 2291, shall • I000 • ( • apply to and govern this Amendment of said Lease. IN WITNESS WHEREOF, the parties hereto have signed this __Agreement as of , 1982. COUNTY OF HENNEPIN, STATE OF MINNESOTA Upon proper execution, this agreement will be legally By:• valid and bindi Chairman of the County Board ssi t ty Atto ney And: D e: —{1' Deputy County Administrator APPROVED AS TO EXECUTION: •ATTEST: Deputy County Auditor CITY OF EDEN PRAIRIE Assistant Count; Attorney Date: By: Its And: Its • • { iw1 • • / FIRST AMENDMENT TO AGREEMENT NO. 2291 1 THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as "LESSEE" and the CITY OF EDEN PRAIRIE, State of Minnesota, hereinafter-referred to as "LESSOR"; W ITN E S SET H: WHEREAS, pursuant to that certain Lease Agreement dated June 28, 1972, bearing Contract No. 2291 (Lease) , LESSOR (formerly the Village of Eden Prairie) leased to LESSEE for public library purposes certain real property, upon which LESSEE constructed a branch library building; and WHEREAS, said Lease has heretofore been renewed pursuant to the terms thereof; and WHEREAS, the parties hereto desire to extend the term of said Lease for an additional five-year period; NOW, THEREFORE, the parties hereto do agree as follows: 1. The term of said Lease is hereby extended for a period of five (5) years commencing on July 1, 1982, and terminating at midnight June 30, 1987, or until such earlier time as such property shall cease to be used as a library purpose. Except as herein amended, the terms, conditions and provisions of said Lease (except that no renewal option is included) dated June 28, 1972, bearing Contract No. 2291, shall ►gad • • • apply to and govern this Amendment of said Lease. IN WITNESS WHEREOF, the parties hereto have signed this .-Agreement as of , 1982. COUNTY OF HENNEPIN, STATE OF MINNESOTi'. Upon proper execution, this agreement will be legally By:valia and, indi.ng. Chairman of the County Board Ass' tan ounty Attorney And: Date: /3""iY—�— Deputy County Administrator APPROVED AS TO EXECUTION: ATTEST: Deputy County Auditor CITY OF EDEN PRAIRIE Assistant County Attorney Date: By: t Its • And: • Its • • • • } /003 MEMO TO: Mayor and City Council FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 26, 1982 SUBJECT: OUTSTANDING SECOND READINGS OF ZONING ORDINANCES The below listed ordinances are submitted for the City Council's review: UNDERLYING FIRS7 STATUS ZONING ORDINANCE READING DEVELOPMENT 12-2-80 Edengate single Tax forfeiture RM 6.5 R1-11-13.5 family-Catco State of Minn- esotaR is owner 811-3-81 Standard 0i1 They have stated C-Hwy-- y Co.Rd.4/TH 5 in phone conver- sations that they pS will not proceed, but fail to con- firm with letter. 81-31 12-15-81 SGL-Industrial Original user Rural (behind Meth. dropped,utility Ind. CH) assessments pending JJ:sh • • i /004 0,e4 • 'ituur ets,4 eArnitliA44/ -IL Puhs.a _ 161 1--- • January 14, 1982 75 -"-------19t2 prairie City Council �F, 14c-Mr. Carl J. Jullie, City Manager ,,,', eg50 Eden Prairie Road Eden Prairie, Minnesota 55344 Reference: Board and Commission Dear Mr. Jullie: In response to your letter of January 6, 1982, my wife and 1 have lived in Eden Prairie for approximately three years, be- ing transferred to Minnesota from New Jersey. While living in New Jersey we resided in Morse Lakes, a private community where I was an active member in the Morse Lakes Property Association; first as a Section Representative on the Board, then as Vice President of the M.L.P.A. and was in line to become President the following year, but as previously mentioned, I accepted a company transfer to Minnesota. As a member of the Board, it was my responsibility to re- present the families in various sections of the community and ( bring their thoughts and ideas to our monthly meetings. Major issues regarding our community were maintaining the roans, lakes and dam, making sure that families moving into the community were aware of the initiation fee and annual dues, and that those moving out had paid their dues, as well as planning ac- tivities for the families and children living within Morse Lakes. These projects were funded from the budget which came, of course, from the payment of the dues by the Association members. The Board was responsible for allocating these funds to take care of the various projects and needs of the community. I am 39 years old and have an Associates Degree in Electri- cal. Engineering from DeVry Technical Institute of Chicago, Illi- nois and a Bachelor of Science in Marketing from DePaul University, also located in Chicago. I am a Branch Sales Manager for PENNWALT Corporation, Wallace & Tiernan Division, which manufactures equipment sold to the water and waste municipal and industrial marketplaces. I have always been interested in the community in which I've resided, and would find serving as a member on an Eden Prairie Board or Commission challenging and rewarding. Very truly yours,// P.1 . s,,J211,,1Lill4 Ga.ry/G. Go'nyea i CrJ 6791 Tartan Curve' i Qq:Ytw Eden Prairie, MN 55344 !t��' )i�,� ��� 934-4188 i/, �in Y1 `I I /066 , • f . , ei , ', FEB 19 MI 9270 Talus Circle Eden Prairie, • February 14, 1981 John Frane • Acting City Manager Eden Prairie City Council 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Dear Mr. Frane: I would be interested in serving on the land use planning commission for Eden Prairie. I amcarresident of Eden Prairie ( and am employed in a professional I am very interested in wise use of our natural resources snand the proper land management that must accomp y t that. Edens to Prairie must plan carefully in the next cfewmexpa expansion, ersato ensure that its beauty and countryside hes , and fauna be preserved for generations to come. Sincerely, Diane L. Gramling • . -se4, . • , ioo / 7..............o...........---...-- ICES/6950 EDEN PRAIRIE ROAD/EDEN PRAIRIE.MN 55344.2499/TELEPHONE I612)937.2262 c- -1.I 04 January 5, 1982 JAN 151982 Mr. Allen Upton 16163 Edenwood Drive Eden Prairie, Mn. 55344 Dear Mr. Upton: • The City Council will be making appointments to the various boards and commissions at their February 16th meeting. In the past you have indicated a desire to be appointed to the Parks, Recreation & Natural Resources Commission. If you are still interested in this appointment, please submit a letter to the Mayor & City Council, City Hall, 8950 Eden Prairie Road, Eden • / Prairie, Mn. 55344, on or before February 5th, that outlines .;� t your interests and gives your reasons for wanting to be r selected. We look forward to hearing from you. 14/ n P Sincerel ,.. y, qdi etI GAA.0 9,st ifi Carl J. Jul ie �LA. C . 1 4/1. City Manager /�,,'� C jI9, ���� U� li ^,�a� ' trty CJJ:j p / �n.i- ti ih e � E s.-l^ ' �s "IP `� ~� Wit\`' n ( ,I.,4' .5\-- �� ! ,n r y ,y I • . J 1! 4[ DV A 9 156 December 23, 1980 1fayor, Wolfgang Penzel City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minn. 55344 Dear Mayor Penzel, • I would like to have my name placed in consideration for a Park Board Commission appointment. I've been a resident of Eden • Prairie for the past seventeen years. I'm self employed, selling Industrial Tools and Automation Systems. Some of my past activities in the community are: Served on the first Industrial Commission. Involved in the original conceptional land use planning for the • village. E.P.A.A. Executive Committee. E.P.A.A. Coaching, football and girls softball. Chairman. Eden Prairie Bicycle and Hiking Trails Task Force. Served three year term, Eden Prairie School Board. Race director, past three years for Schooner Day 8 Race. Presently on Executive Committee of Eden Prairie Blood Bank. Presently on Executive Committee of Eden Prairie Boosters. I am very interested in the future growth of our community, land and its proper use, parks and open spaces, and water shed areas. My knowledge of the community should contribute to a strong commission. Very sincerely, d Allen Upto 16163 Edenwood Dr. 1009 4 MEMORANDUM 1;U: Mayor and City Council FROM: City Manager Carl J. Jullie_ SUBJECT: Agreement with Richfield for Radio Dispatching DATE: May 27, 1982 The attached agreement for joint radio dispatching services with the City of Richfield is submitted for City Council approval. As directed by the Council on May 4th, the draft agreement has been jointly prepared and reviewed by both City staffs including the City Attorneys. The attached memo of May 25th from Mr. Pauly explains the resolution of his concerns regarding indemnification for punitive damages. The Richfield City Council unanimously approved the agreement on May 24th. The feasibility report by W. M. Montgomery & Associates authorized by the City Council on 2/2/82 has been completed and is on file in my office. The report concludes that it is feasible to provide the necessary equipment modifications and it provides a summary of estimated costs thereof. Copies of pages 51 - 54 of this report are attached for your reference. Our costs for said equipment modifications are now estimated at $35,500, which includes option "A" for repeater operation and also estimated engineering fees. This amount is in addition to the charges outlined in paragraphs 3 and 4 of the attached agreement. e agreement contemplates that service will commence 1/1/83 and our charges will be computed therefrom. However, the Richfield staff has indicated that they will actually begin service to us at the same time that 9-1-1 becomes effective (possibly 12/1/82) at no additional charge. State Law requires 9-1-1 to become effective on December 15, 1982. RECOMMENDATIONS: It is recommended that the Council approve the "Joint and Cooperative Agreement for Public Safety Radio Dispatching Service" with the City of Richfield and authorize staff to proceed with equipment purchases and modifications as outlined in the W. M. Montgomery Report of May 14, 1982, including option A . CJJ:jp Attachments r it • ln►r► • JOINT AND COOPERATIVE AGREEMENT PUBLIC SAFETY RADIO DISPATCHING SERVICE PARTIES: The parties to this agreement are: CITY OF RICHFIELD ("Richfield"), a Minnesota municipal corporation, having its principal offices at 6700 Portland Avenue, Richfield, Minnesota 55423, and CITY OF EDEN PRAIRIE ("Eden Prairie"), a Minnesota municipal corporation, having its principal offices at 8950 Eden Prairie Road, Eden Prairie, Minnesota 55344. BACKGROUND AND PURPOSE: Richfield operates a public safety emergency and administrative dispatching and communication system ("System"). The System is used in connection with police, fire, administrative and medical emergency calls. The System includes an FCC radio base and mobile licenses under the call signs KAH422 in the police ser- vice, KDQ307 in the fire service, and KAJ764 and WBG4 in the local government service. Richfield also provides the personnel for the operation of the System as well as the facilities at its city hall necessary to accommodate the System. Eden Prairie does not now operate a communications and dispatch- ing system. It is the purpose of this agreement to provide the basis upon which the parties may jointly and cooperatively manage, operate and fund the System, and any later additions thereto, so as to provide public safety emergency and administra- tive dispatching communications services for both parties. By so providing, the parties believe that they can effect economies and provide a higher quality of service for the benefit of both parties. This agreement is made pursuant to the authority granted by Minnesota Statutes, Section 471.59. CONTRACT PROVISIONS: In consideration of their mutual covenants and agreements as hereinafter set forth, the parties therefor contract and agree as follows: 1. Agreement for Services. Eden Prairie hereby engages Richfield to provide and Richfield agrees to provide Eden Prairie with public safety emergency and administrative dispatching • /01AA communications services on the basis hereinafter set forth. Richfield shall own the present System and any additions to or betterments of the System, subject to the provisions of para- graph 8 of this agreement. Richfield shall also provide the employees to operate the System and the facility to house the System. The personnel so provided by Richfield shall remain employees of Richfield and shall be covered by Richfield's workers' compensation, unemployment compensation and other salary and fringe benefits. Initially, the System equipment shall consist of equipment Richfield has in service. The facilities and personnel now being used by Richfield shall constitute the initial facilities and personnel to be provided by Richfield. The services to be pro- vided by Richfield to Eden Prairie under this agreement shall 'commence on January 1, 1983, and shall be provided for as long as this agreement is in effect. The services to be provided by Richfield to Eden Prairie under this agreement shall be the same level of services provided to Richfield, subject only to the qualification that Eden Prairie shall provide itself with the equipment necessary for the use of such service as provided in paragraph 8 of this agreement. 2. Management and Supervision. The operation of the System, during the time that this agreement is in effect, shall be under the supervision of a Management Committee consisting of equal representation from both parties. There shall be four members of such committee, consisting of the' city managers and public safety directors of the parties. The powers, duties and responsibilities of the Management Commit- tee shall include but not be limited to the following: A. Development of policies relating to the services to be performed for the two communities and the manner in which they are to be performed. B. Oversight of System operations and performance. C. Administrative decisions relating to major equip- ment additions and modifications. D. Development of Estimated Total Costs, Estimated Costs To Be Shared, the Shared Percentage, Actual Total Costs and Actual Costs To Be Shared. E. Development of both capital and operating budgets for submission to the city councils of the parties. F. The establishment of subcommittees, as the Manage- ment Committee deems necessary, provided that the Management Committee shall have final authority on any matter delegated to any such subcommittee. • The Management Committee shall meet at least annually not later than the third week in May of each year, commencing in 1983, to review System operations and prepare budgets for the ensuing calendar year. At such meetings the Management Committee shall also review this agreement for any recommended modifications. Additional meetings of the Management Committee may be held at any time upon call of the two city managers. 3. Eden Prairie's 1983 Costs and Payments. For services provided to Eden Prairie by Richfield during the year 1983, Eden Prairie shall pay Richfield the sum of $30,500, notwithstanding any cost-sharing formula provided for elsewhere in this agree- ment. Such sum shall be paid on the following schedule: $5,725 shall be paid on or before each of the dates January 1, 1983, April 1, 1983, July 1, 1983, and October 1, 1983, and the balance of $10,000 shall be paid on or before January 1, 1984. 4. Basis Of Cost-Sharing. For 1984 and subsequent years Eden Prairie will pay Richfield on the basis of cost-sharing as hereinafter provided. The amount of Costs To Be Shared by Eden Prairie and Richfield shall be determined in the following manner: Each year commencing with the year 1963 the Management Committee shall make an estimate of the total costs Richfield will incur in the ensuing calendar year in providing services to both parties. (The total of such costs are hereafter referred to as "Estimated Total Costs". ) The costs to be considered in determining the Estimated Total Costs shall include the follow- ing: A. Direct and indirect personnel costs for all Richfield public safety dispatchers. B. Per hour direct labor costs for all part-time community service officers and communications aides provided by Richfield, for all time spent primarily assigned to the System operations. C. 9-1-1 emergency telephone system recurring costs as billed to Richfield by Northwestern Bell Telephone Company. D. Recurring charges for any leased phone circuits used to control or receive intelligence from any remotely located base radios or transmitters as billed to Richfield by Northwestern Bell Telephone Company. E. Actual maintenance, repair or service agreement costs on all equipment related to the System. • ►OIUC :. • F. Recurring charges for seven digit back-up emergency phone lines, not to exceed four lines, as billed to Richfield by Northwestern Bell Telephone Company. G. Recurring charges for business lines, not to exceed three, necessary to provide non-published outbound phone service from each dispatching position and as a termination point for rerouted misplaced 9-1-1 calls that will terminate on a recorded message advising the caller of the proper administrative number. H. A charge for depreciation of present and later-acquired System equipment provided by Richfield, calculated on a straight line basis and based upon the estimated useful lives of the various items of equipment comprising the System. I. Other charges as may be agreed upon in advance by the parties, acting through the Management Committee. After the Estimated Total Costs of the operating System have been determined for the ensuing year, the Management Committee shall determine the percentage of such estimated total costs which are to be shared by the parties. Such percentage is hereafter referred to as the "Shared Percentage", and such costs are here- inafter referred to as the "Estimated Costs To Be Shared". The Shared Percentage shall represent the best judgment of the Manage- ment Committee as to the percentage of Estimated Total Costs which will be incurred in providing services to both parties and will be of benefit to both parties. The determination of (1) Estimated Total Costs, (2) the Shared Percentage, and (3) Estimated Costs To Be Shared for a given year shall be made not later than June 1 of the preceding year. Estimated Costs To Be Shared shall then be apportioned between the parties on the following basis: Fifty percent (50%) of such costs shall be allo- cated on the basis of assessed valuation and fifty percent (50%) shall be allocated on the basis of population. For the purpose of allocating Esti- mated Costs To Be Shared on the basis of popula- tion, the most recent population estimates avail- able from the Metropolitan Council shall be used. For the purposes of allocating such costs on the basis of assessed valuation, the most recent • assessed valuation determined by the Hennepin County Director of Property Taxation shall be used. The Estimated Costs To Be Shared by each of the parties shall be incorporated into the proposed budgets of the two communities. If the amount budgeted for either community is not finally approved by the city council of that community, that party shall immediately notify the other party. Disapproval or failure to 4 IGIU D approve shall be grounds for termination of this agreement as hereinafter provided. The amount payable by Eden Prairie to Richfield during each year, commencing with the year 1984, shall be Eden Prairie's allocation of the Estimated Costs To Be Shared. Twenty-five percent (25%) -of that amount shall be paid in each calendar quarter of the year for which the estimates have been made. 5. Recalculation and Adjustment. After the calendar year 1984 and at the end of each calendar year thereafter, the Actual Total Costs of operating the System for the preceding calendar year shall be computed. To this sum the Shared Percentage shall • be applied to determine the . Actual Costs To Be Shared. The Actual Costs To Be Shared shall then be allocated between the two .communities in the same manner as described above with reference to the allocation of Estimated Costs To Be Shared, provided that the most recent available Metropolitan Council population esti- mates and County Director of Property Taxation assessed valua- tions shall be used. Such recalculation based upon actual costs, shall be made not later than April 1 following the end of the calendar year involved. When such recalculation has been made, Eden Prairie shall pay Richfield any balance remaining unpaid for the preceding year based upon actual costs or, conversely, Richfield shall refund to Eden Prairie any excess payments made by Eden Prairie to Richfield for the preceding year. 6. Access To Records. In the administration of the fore- going cost-sharing process, the parties will each provide the other with full access to all books and records relating to any cost or other data which is used in any estimates or calculations described above. 7. Termination of Agreement. This agreement shall be effective upon its duly authorized execution by the parties. It shall continue in force from year to year subject to termination by either party. Such termination shall be effected by serving written notice thereof upon the other party no later than July 1 of the year at the end of which such termination is to be effec- tive. • If, however, either party fails to approve the proposed budget for the operation of the System by October 10th of any year, it shall give immediate written notice thereof to the other party. The other party shall thereupon have thirty (30) days after the receipt of such notice to give notice of termination of this agreement, effective at the end of the then curent calendar year. • Termination of the agreement by either party at the end of a calendar year shall not affect the obligation of either party to • perform the agreement for and during the period that the agree- ment is in effect. Neither shall such terminaton affect the recalculation of Eden Prairie's payments to Richfield, determined after the closing of the calendar year as hereinbefore provided. 5 1010 E • 8. Eden Prairie's Costs of Adaptation. Eden Prairie shall bear all costs associated with technical modifications in its own equipment and in the Richfield system which may be neces- sary in order to permit Richfield to provide service to Eden Prairie. This shall include all costs associated with modifica- tions to base station consoles, receiver networks, pagers, mobile and portable radios owned or leased by Eden Prairie and pagers owned by Richfield. Such modifications shall be in compliance with engineering requirements established by Ward M. Montgomery, consulting engineer and all costs related to the establishment of such engineering requirements shall be borne by Eden Prairie. Richfield will provide staff, in behalf of the parties, to serve as project director for the ordering, receipt, installation and testing of all such equipment and labor. Eden Prairie shall also bear recurring charges and start-up costs as required to create, enter, compile, print and distribute computerized records of calls for service, patrol-generated incidents, business keyholder files, and other data-processing applications as billed by Richfield's data processing section for service provided to Eden Prairie. 9. Liability. Eden Prairie agrees to hold Richfield harmless against any claims, actions or costs or expenses of defending any such claims or actions arising out of or by reason of Richfield's providing services to Eden Prairie under the provisions of this agreement. Eden Prairie Shall not be liable under this paragraph 9 with respect to any claim for workers or unemployment compensation relating to Richfield's employees or for any services, materials, equipment or payments to be provided or made by Richfield pursuant to this agreement. Eden Prairie's liability to Richfield under this paragraph 9 shall be limited to the extent that it shall not result in any indebtedness or the incurrence of any pecuniary liability, for the payment of which it shall be necessary for Eden Prairie to levy in any year a rate of taxes higher than the maximum prescribed by law, or to do any other thing in violation of M.S. Section 275.27 or any other law, or which shall cause this agreement to be null and void. Nothing contained in this agreement shall preclude Eden Prairie from providing in any budget for, or making any expenditure, or selling or issuing any bonds, or creating any indebtedness, the payment of principal or interest of which shall require the levy of taxes which levy may or may not be subject to any maximum levy limitation or limitations prescribed by law. Eden Prairie's obligation to levy taxes for payment of and to pay any amount to Richfield from any such tax levy shall be subordinate to, and may occur only after provision is made for, the levy of taxes for and the payment of any such expenditure or indebtedness, the sale of • issuance of bonds and the payment of principal or interest thereon. • I(i1')f • • 10. Arbitration. If the parties are unable to agree upon any matter to be decided by the Management Committee, either party may submit such unresolved dispute for arbitration in accordance with the rules of commercial arbitration of the American Arbitration Association, with the parties sharing the costs of such arbitration equally (other than each party's own expenses incurred in presenting its position during the arbitra- tion proceedings). 11. Cooperative Effort. Each of the parties agrees that it will cooperate fully and in a timely manner to take the actions , necessary to facilitate and accomplish the foregoing provisions of this agreement. Dated this day of , 1982. CITY OF RICHFIELD By Its Mayor By Its- Manager (CITY SEAL) CITY OF EDEN PRAIRIE By Its Mayor 0 By Its Manager (CITY SEAL) 1 • 7 . IOW& MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly, City Attorney DATE: May 25, 1982 RE: Joint Powers Agreement--City of Richfield Section 9 of the agreement provides that the City of Eden Prairie will indemnify Richfield against claims arising out of Richfield's providing services to Eden Prairie under the provisions of the agree- ment. Such an agreement brings into consideration M.S. Section 275.27 which makes it unlawful for any city to contract any debt or incur any pecuniary liability for the payment of either the principal or the interest of which during the current or any subsequent year it shall be necessary to levy a rate of taxes higher than the maximum prescribed by law. That section provides that every such contract is null and void with respect to such obligation, however, every officer, agent or member who participates in or authorizes the making of such contract shall be individually liable for its performance. Every officer or agent who is present when the contract is made or authorized is deemed to participate in or authorize the making thereof as the case may be unless he specifically dissents on the record from such authorization. The City's ultimate financial liability arising under that section may be limited with respect to certain claims by providing insurance therefor. One such liability, however, for which the City cannot obtain insurance is that involving punitive damages. While M.S. Section 466.04, Subd. 1, excludes punitive damages as a ioio f� t I 7 ( liability to which a municipality is subject pursuant to the Minnesota Tort Claims Act, M.S. Section 466.01 to 466.15, nevertheless, the Minnesota Supreme Court in the case of Wilson v. City of Eagan, 297 N.W. 2d 146 (1980), held that punitive damages may be recovered against municipal officers and employees. Furthermore, the Court recognized that a municipality may ultimately be required to pay punitive damages awarded against an employee because of the mandatory indemnity provisions contained in M.S. Section 466.07, Subd. la. That subdivision requires indemnification except where the employee is liable because of "malfeasance in office or willful or wanton neglect of duty." Since the risk of punitive damages cannot be insured against, it is necessary to limit the City's liability for such damages in order to avoid the sanctions of M.S. Section 275.27. The language following the first sentence of Section 9 of the agreement has been added for that reason. IU10-�- MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly, City Attorney DATE: May 25, 1982 RE: Joint Powers Agreement--City of Richfield Section 9 of the agreement provides that the City of Eden Prairie will indemnify Richfield against claims arising out of Richfield's providing services to Eden Prairie under the provisions of the agree- ment. Such an agreement brings into consideration M.S. Section 275.27 which makes it unlawful for any city to contract any debt or incur any pecuniary liability for the payment of either the principal or the interest of which during the current or any subsequent year it shall be necessary to levy a rate of taxes higher than the maximum prescribed by law. That section provides that every such contract is null and void with respect to such obligation, however, every officer, agent or member who participates in or authorizes the making of such contract shall be individually liable for its performance. Every officer or agent who is present when the contract is made or authorized is deemed to participate in or authorize the making thereof as the case may be unless he specifically dissents on the record from such authorization. The City's ultimate financial liability arising under that section may be limited with respect to certain claims by providing insurance therefor. One such liability, however, for which the City cannot obtain insurance is that involving punitive damages. While M.S. Section 466.04, Subd. 1, excludes punitive damages as a is io J . • liability to which a municipality is subject pursuant to the Minnesota Tort Claims Act, M.S. Section 466.01 to 466.15, nevertheless, the Minnesota Supreme Court in the case of Wilson v. City of Eagan, 297 N.W. 2d 146 (1980), held that punitive damages may be recovered against municipal officers and employees. Furthermore, the Court recognized that a municipality may ultimately be required to pay punitive damages awarded against an employee because of the mandatory indemnity provisions contained in M.S. Section 466.07, Subd. la. That subdivision requires indemnification except where the employee is liable because of "malfeasance in office or willful or wanton neglect of duty." Since the risk of punitive damages cannot be insured against, it is necessary to limit the City's liability for such damages in order to avoid the sanctions of M.S. Section 275.27. The language following the first sentence of Section 9 of the agreement has been added for that reason. IrL 6 wav K COST SUMMARY All costs presented above have been derived either from manufacturer's published prices plus our estimate of installation cost or by direct quotation for the work as described. If the merger of public safety dispatch between Richfield and Eden Prairie comes to pass, the question needs to be asked, "what will vendors actually charge when faced with the prospect of an order.?" "How much can be saved by reworking crystals in radios versus buying replacement crystals from original equipment manufacturers?" Below we have prepared a summary of two prices for each item. The higher price represents manufacturer's published price, new parts, and our estimate of labor cost. The lower price represents our estimate of the best price available, reworked crystals, and installation labor. List Best Price Price Description 1. Relocate existing Richfield fire main base station to the Bloomington water tank, convert to tone control, convert the Richfield fire standby base station to tone control, add power reverting and standby battery, modify dispatch console $ 2,597 $ 2,300 2. Relocate existing Richfield police main } ; base station to the Bloomington water tank, add power reverting and standby battery. $ 3,040 $ 2,300 3. Erect 60' guyed tower on the Bloomington water tank, install antennas and coaxial cable. Cost does not include outside structural engineering service, if required. $ 2,700 $ 2,700 -51- 1 4; List Best 1 Description Price Price it 4. Add satellite receivers on the police and I fire frequencies at the Dell Road new water tower plus a second location in Isouthwest Eden Prairie. 13,256 8,000 I5. Modify Eden Prairie police mobile and . hand-held radios to operate on the 1 Richfield police frequency. 6,533 3,800 , I 6. Modify Eden Prairie police and fire pagers to operate on Richfield frequencies with non conflicting codes. 3,813 3,813 I7. Modify Eden Prairie fire mobile and hand-held radios to operate on the i ( Richfield fire frequency. 4,777 2,400 $36,716 $25,313 Option A lConvert Richfield police base station to repeater operation. $ 6,090 $ 3,700* Z9013 *Presumes conversion is made at time z 9 01 station is relocated to Bloomington and ->•1o7 o Grl-; not at a later date. 257.901 .119 1 µ l4 5,500 Modify Richfield mobile and hand-held ?Sou I U. 1 radios to operate on the new police . "S,t-.7 repeater channel. $ 5,600 $ 2,800 I ( I -52- I 1010 Note: cost of modifying Richfield ( radios to accomodate the repeater may be Richfield's responsibility. List Best Option B Price Price Add 800 mHz control station at Richfield and modify Richfield console to communication with Eden Prairie units on both 800 mHz channels. $5,496 $4,200 • Total cost, including basic recommendations $53,902 $36,013 ADDITIONAL CONSIDERATIONS Additional consulting services will probably be required to execute the recommended plan to combine Eden Prairie and Richfield public safety communications. Professional service cost will depend somewhat on how the work is done. For example, if the project is advertised for competitive bid, it will be required to prepare detailed technical specifications describing each and every detail of the job. Cost for engineering services would surely exceed $5,000 but would probably not exceed $7,00.0. Alternately, since all the Richfield equipment to be modified was furnished by Motorola, it might be desireable to negotiate directly with Motorola for parts, particularly in view of their apparent willingness to extend the 1980 bid prices plus intervening price increases. If this approach is taken, the parts cost will probably be less than if purchased through competitive bid (there would be verylittle competition forparts!) . �'p proprietary Motorola Certainly, consulting services would be significantly cheaper ? -53- • 1o1o" f • lr because only a materials list and work description would need to be prepared. Installation cost and time would probably be optimized by negotiating directly with Capitol Electronics, the firm which made the original Richfield installation in 1960. These people are already familiar with details of the existing console and ..stations. Their labor rates are _competitive with other shops in the Twin Cities. Since we are- familiar with the Capitol Electronics people from previous projects, we would be comfortable with a written work description and supervision of final tests. Cost for proiessional engineering support for a negotiated procurement would probably not exceed $3,000 - half the cost of a formal bid program. All radio parts are readily available which are required to implement recommendations made in this report. If negotiations with suppliers are completed by July, the entire conversion program can easily { be completed by Thanksgiving. If the Richfield police base station is to be converted to repeater operation, then Richfield will have to go through a slow frequency coordination process which should be completed before parts are ordered. If the choice is made to convert the station to a repeater, the frequency coordination process should begin in June to assure project completion by the end of the year. This process will also probably add another $500 to engineering cost to manage the coordination process. l -54- IOIUO HERBST'& TIME,LTD. ATTORNEYS AT LAW E030 NORTHWESTERN FINANCIAL CENTER ADMAN E.HERDS? 7000 ILERXES AVENUE SOUTH TELEPHONE DANIEL D.TRUE BLOOMINGTON,MINNESOTA 55431 (01e)335-E434 -..GAar R.MATz Jona F.Gums Item.Asslsr.Nr r� l ifn1 17 1982 May 14, 1982 Carl Julie • City Engineer c/o Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Southwest Suburban Cable Commission Our File Number 81-2057G Dear Carl: I have enclosed the final draft of the Joint and Cooperative Agreement. The proposed Agreement is based on a review with a sub- committee of city attorneys that included Tom Erickson and a final meeting with the city managers last week. A summary describing the Agreement is also enclosed. This will help you in presenting the Agreement to your coun- cil for approval. The Resolution enclosed should be sent to Ken Rosland at Edina after approval. Ken will then call the organizational meeting. Please call me if you have any questions or if you would like to have me attend your city council meeting. Very tr y yours, Adrian E. Herbst AEH:ndr Enclosures • cc& Mark E. Bernhardson foil MEMORANDUM TO: Southwest Suburban Cable Commission FROM: Adrian E. Herbst, Attorney DATE: May 14, 1982 RE: Proposed Joint and Cooperative Agreement This memorandum is intended to provide an article by article explanation of the proposed Joint Powers Agreement which you have recently received. This proposed Agreement represents the first joint powers agreement in the metropolitan area, if not the country, designed solely for the ongoing administration of a cable communications system. The proposed Agreement is the culmination of a great deal of work by the city managers, city staff members, city attorneys and myself. I. PREAMBLE The Commission will be organized under Minnesota Statutes §471.59 as amended. This is the general joint powers statute in Minnesota. This reference is made to clearly delineate the legislative source of power. II. GENERAL PURPOSE In general, this Agreement will establish an organization to analyze the operation of the cable communications system in this area. The organization will seek to coordinate administration and enforcement of the respective franchises in a manner that will avoid duplicating efforts by the cities. From time to time, the organization will report and recommend to the cities relative to the operation of the cable communications system. The speci- fic duties of the Commission are set forth in Article VII. III. NAME The Commission will be known as the Southwest Suburban Cable Commission. IV. DEFINITION OF TERMS This particular article is designed to clarify many of the terms frequently used in the Agreement. I believe the various definitions are self-explanatory. -1- /011fl V. PARTIES The municipalities eligible to become the original parties are Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. Other municipalities may become members of the Commission if three conditions are met: 1. The municipality is served by the same cable com- munications company; 2. The then existing directors approve the new member by at least a two-thirds (2/3) vote: and 3. The municipality pays the initial contribution as set out in Article II, Section 2 and any contributions for the year it becomes a party. I believe that this procedure readily permits municipalities to join the Commission and, at the same time, does allow the Commission to exercise some discretion and recover any expenses incurred. VI. EFFECTIVE DATE This article is procedural in nature and describes the method by which a municipality may become a member of the Commission. This article also provides that the Agreement shall become effective, and the Commission formally created, when all of the original eligible municipalities enter into the Agreement. VII. POWERS AND DUTIES OF THE COMMISSION AND PARTIES This article explains that the Commission is established for the purposes of coordinating administration and enforcement of the individual franchises. The Commission is charged with pro- viding uniformity in that administration and enforcement so as to ensure that the system is constructed, operated, maintained and upgraded in a manner that will, to the extent possible, be to the maximum benefit of each city. Under this Agreement, the cities will retain sole authority in the following areas: 1. To amend and renew the franchise ordinance; 2. To initiate and defend lawsuits; 3. To prosecute violations of the franchise ordinance; and A. To issue all required permits and licenses for the construction and operation of the system. -2- toile • The Commission, on the other hand, is delegated the authority to make recommendations and policy decisions in areas including, but not limited to, the following: 1. Enforcement of laws; 2. Insurance policies/letters of credit; 3. Marketing practices; 4. Customer complaints; 5. Programming; 6. Access and local origination programming; 7. Performance evaluations; 8. State of the art technology; 9. Statutory/regulatory changes; 10. Lobbying of Commission policy at other governmental levels; 11. Mediation of certain disputes; 12. Collection of franchise fees and distribution to cities; 13. Audits and examinations of franchisee's books; 14. Coordination and defense of civil lawsuits, upon request; 15. Maintain records of rates and evaluate rate changes requested by franchisee; and 16. Contract with consultants and legal counsel. A complete listing of Commission powers is set forth on pages 4 through 8 of the proposed Agreement. It is important to note, however, that all powers and duties not granted to the Commission or necessarily implied are reserved to the cities. VIII. BOARD OF DIRECTORS Each municipality is entitled to appoint two directors and two alternates. One director and his or her alternate must be a -3- �j i 1011 C member of that municipality's city council. The second director and his or her alternate must be a city staff person who is likely to have administrative responsibility for the system in that municipality. The Commission will not compensate the directors. A munici- pality may, however, do so if appropriate. Each director will have one vote. The designated alternate may cast the vote when a director is absent. All votes must be cast at a Commission meeting. A director may not vote when his or her municipality is in default on any contribution or payment to the Commission. .Directors shall serve a term of two years at the pleasure of the director's council. The Agreement does provide that the term will end automatically if the council member's term is ended or the administrative staff person's employment is terminated. Any vacancy on the Commission will be filled by the appropriate city council. Finally, the article describes the procedures for calling. the first meeting, selecting officers, adopting By-Laws, defining a quorum and for the holding of annual and special meetings. Since these provisions, in essence, govern the internal working of the Commission, I have not provided a detailed explanation. IX. OFFICERS This article provides for the election of a Chairman, a Vice Chairman and a Secretary/Treasurer. All officers are to be elected at the first meeting of the Commission and in April of each year thereafter. No more than one director of a party shall be elected an officer during the same term. This article also describes a procedure for the resignation of an officer or the removal of an officer. Any vacancy will be filled by the Commission. X. OPERATING COMMITTEE This article creates an Operating Committee. This Committee will consist of the administrator or staff member director appointed by each city. Most importantly, the Operating Committee is given the authority to manage the property, affairs and business of the Commission between Commission meetings. -4- ion D X. FINANCIAL MATTERS • The Commission will operate on the calendar year. The article provides that each city will make an initial contribution of $2,500.00 to fund the Commission. This amount will be due at the time it becomes a member. Contributions in subsequent years will be equivalent to that city's proportion of the franchise fees received that year to the total franchise fee paid by the Grantee to the cities combined. Or, on the other hand, the directors may, on a unanimous vote, agree to a different formula by August 1 of the prior year. Contributions shall be due on January 15 or by such installment method as the Commission shall determine. The article requires that the Commission shall formulate a proposed budget and submit the budget to the cities on or before August 1 of each year. No budget will become effective unless approved by resolution of the governing body of a majority of the cities. If the proposed budget is not so adopted on or before November, a revised budget shall be promptly formulated for review and approval. The cities shall use their best efforts to approve a budget for the succeeding year by December 31 of each year. Finally, the Agreement provides that the Commission's finan- cial books and records will be audited on or before July 1 or when so desired by the Commission. The result of the audit will be reported to the cities. XI. WITHDRAWAL The Agreement permits any city to withdraw from the Commission effective January 1 by giving notice prior to October 1 of the preceding year. It is specifically provided that no financial benefit may inure to a city that withdraws nor shall any reimbursement be made for any contribution from that city. XII. AMENDMENTS Any amendment to this Agreement requires approval of all the cities that are a part of the Commission. The procedure for adopting an amendment is identical to that required for entering into this Agreement. XIII. DISSOLUTION The Commission may continue for a term up to and including the term of the franchise. The Commission, however, shall be dissolved if less than four cities remain, or by operation of state or federal law or by mutual agreement of the cities. -5- 1UIIE. • • Upon dissolution of the Commission, assets will be distri- buted to the then existing cities in proportion to their contri- butions and in accordance with procedures established by the Commission. The Commission may continue to exist up to six months as is necessary to wind up its affairs. XIV. PRIOR AGREEMENT SUPERSEDED This Agreement, when it becomes effective, will supersede all previous agreements between the cities establishing a joint cable communications commission. AEH:ndr • • • • -6- • 101IF RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT TO CREATE AN ORGANIZATION TO BE KNOWN AS THE SOUTHWEST SUBURBAN CABLE COMMISSION WHEREAS, the City of Eden Prairie, has granted a franchise to Minnesota Cablesystems-Southwest, a Minnesota Limited Partnership, after having participated in a joint franchising process together • with Cities of Edina, Richfield, Hopkins and Minnetonka; and ._.WHEREAS, the cable communications system that will now serve each of the five (5) Cities will benefit from a joint and coopera- tive effort between the Cities in terms of the ongoing administra- tion and enforcement; and WHEREAS, the City Council has reviewed a Joint and Cooperative Agreement that enables the City to participate together with the other Cities through a Joint Powers Commission; and WHEREAS, the City Council finds that a joint and cooperative effort through a Joint Powers Commission will best serve the City in terms of its needs pertaining to the ongoing administration and enforcement of the cable communications system franchise granted by it. NOW, THEREFORE, the City Council of the City of Eden Prairie, in a regular meeting assembled, resolves as follows: 1. That the Joint and Cooperative Agreement, attached to this Resolution, is approved and the Mayor and City Manager are authorized on behalf of the City to execute this Agreement and to forward it to the City Manager of the City of Edina so that the Joint Powers Commission contemplated by the Agreement can be organized and started. I9II& • Page -2- 2. That the City Council of the City of Eden Prairie approves the proposed start-up costs and the proposed method of budgeting for the balance of 1982. 3. That the following persons are designated to serve on behalf of this City as Directors and Alternates to the Joint Powers Commission: Councilmember/Director Alternate Councilmember/Director Administrative Administrative Appointed Appointed Director Alternative Director Passed and adopted this day of , 1982. CITY OF EDEN PRAIRIE BY: Mayor ATTEST: City Clerk IG1I /'! JOINT AND COOPERATIVE AGREEMENT I. PREAMBLE The Parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes §471.59. II. GENERAL PURPOSE The general purpose of the Agreement is to establish an organization to analyze the operation and Systems of the Parties; to coordinate administration and enforcement of the • respective Franchises of the Parties; to report and recom- mend to the Parties relative to the operation of their respective Systems and the activities of their respective Grantees; and to perform such other duties as are required of the organization hereby created pursuant to this Agreement. III. NAME The name of the organization hereby created is Southwest Suburban Cable Commission. IV. DEFINITION OF TERMS Section 1. Definitions. For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. Section 2. "Board" or "Board of Directors" means the governing body of the Commission. Section 3. "Commission" means the organization created -1- • 1UIII pursuant to this Agreement. Section 4. "Council" means the governing body of a Party. Section 5. "Directors" means the persons appointed pur- suant to this Agreement to serve as Directors, and includes alternate Directors when serving as Directors. Section 6. "Franchise" means the cable communications ordinance of each Party to this Agreement. Section 7. "Grantee" means the person to whom each Party has granted a Franchise. Section 8. "Operating Committee" means the committee consisting of the Administrative Director designates of each Party. Section 9. "Party" means a municipality which has entered into this Agreement. Section 10. "System" means the cable communications system operated within each Party pursuant to that Party's Franchise. V. PARTIES The municipalities eligible to become the original Parties to this Agreement are Eden Prairie, Edina, Hopkins, Minnetonka and Richfield. Any other municipality served by a System through the same Grantee as the original Parties may become a Party upon approval by all of the then Parties. Eligible municipalities not a Party at the time of the first -2- Iou meeting described in Article VIII, Section 3, may become a Party effective January 1 of any year thereafter, upon approval by a two-thirds (2/3) vote of the total Directors and upon payment of the initial contribution set out in Article XI, Section 2 hereof, and contributions for the year it becomes a party. VI. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolu- tion, with the City Manager of the City of Edina, but after the Commission Chairman is elected, such documents shall be filed with said Chairman. This Agreement shall become effective when it has been entered into by all of the origi- . nal eligible municipalities. VII. POWERS AND DUTIES OF THE COMMISSION AND PARTIES Section 1. General Authority. The Commission is established for the purposes of coordinating administration and enforcement of the individual Franchises of the Parties and providing uniformity in that administration and enfor- cement to insure that the System of the Grantee is constructed, operated, maintained and upgraded in a manner that will, to the extent possible, be to the maximum benefit of each Party. To accomplish this purpose, the following divisions are made of authority and responsibilities among -3- 101IK1 the Parties and the Commission. Section 2. Party Powers and Duties. The Commission shall have only such powers and duties as are specifically granted in this Agreement or necessarily implied from those specifically granted. All powers and duties not so granted or necessarily implied are reserved to the Parties. Specifically, the Commission shall have no powers and duties in the following areas and the Parties retain sole authority in the following areas: A. General Powers. Each Party retains authority to amend and renew its Franchise, initiate and defend lawsuits, and prosecute violations of its Franchise. B. Permits and Licenses. Each Party retains authority to issue all required permits and licenses for the construction and operation of the System. Section 3. Powers and Duties of the Commission. Subject to the provisions of Section 2, the following powers and duties are delegated by the Parties to the Commission. A. Policy Decisions and Recommendations. The Commission shall make policy decisions and recommen- dations to Parties on the following: 1) Enforcement of Laws. Enforcement of • laws, regulations and ordinances, related to cable communications, against Grantee and others. 2) Insurance Policies and Letters of Credit. -4- The content and adequacy of insurance policies and letters of credit. 3) Marketing Practices. Review and report to the Parties on any marketing practices or subscription contracts which may be contrary to any of the Franchises, or which are not uniform in each Party. B. Complaints Relating to Grantee Actions. Receive, collect, tabulate and attempt to resolve by negotiation with Grantee all customer complaints and report to the affected Party all unresolved complaints. C. Institutional Network. Monitor development of the institutional networks in each Party and work with Grantee to promote prompt completion of the institu- tional network in each Party. D. Cable Programming, Content, Scope, Alterations in Programming Services. Deal with all matters relating to programming on its own initiation or upon request of • a Party. E. Access and Local Origination. Encourage and promote the use and development of access channels and programming, and local origination programming; work with Grantee to coordinate such development and programming in each Party, including the development of rules, training of persons and the use and maintenance -5- i011m of equipment. F. Performance Evaluation. Cause technical eva- luations of the System whenever the Commission, in its sole discretion, concludes that such evaluations are required or desirable, including the periodic review and evaluation specified in the Parties' Franchises. G. Grantee Rules. Help to develop Grantee's rules regarding development and supervision of the System including, but not limited to, public access, local origination and line extensions. • H. Technology_ and State of Art Review. Continuously review changes and developments in the cable communications industry and facilitate the upgrading of the System. I. Statutory and Regulatory Changes. Periodically advise the Parties of any required or recommended Franchise amendments. J. Interconnection with Other Systems. Monitor the planning and development of the regional intercon- nection of the System with other cable television systems and supervise the implementation of intercon- nection to the extent not requiring Franchise amendment. K. Lobbying of Commission Policy at Other Governmental Levels. Upon a unanimous vote of all the Directors, the Commission may present its policies to -6- Ir�ilhl other governmental bodies involved in the regulation or operation of cable communications. L. Mediation of Parties/Grantee Disputes. Mediate disputes arising between a Party and the Grantee when and if submitted to the Commission for resolution upon the mutual agreement of that Party, the Grantee and the Commission. M. Franchise Fees; Grantee Audits. Coordinate payment of franchise fees to the Parties; examine books and records of Grantee and conduct any audits it deems appropriate and as may be required by the Franchises. N. Gifts. In appropriate circumstances, the Commission may accept gifts, apply for and use grants, enter into agreements required in connection therewith, and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 0. Annual Report. At the beginning of each year, prepare a report to the Parties describing and sum- marizing its functions and activities for the preceding year. P. Coordination and Defense of Civil Lawsuits. Commission may, at the request of a Party or Parties, provide assistance and coordination regarding the defense of any lawsuit pertaining to cable com- munications, or the enforcement of Franchises. Any such -7- • loll 0 requested assistance or coordination shall be paid for by the Party or Parties requesting it. Defense of • lawsuits in which the Commission is named as a defendant shall be handled in a manner decided by the Commission. Q. Rates and Charges. Maintain records of rates and charges and evaluate changes requested by Grantee; advise and recommend to the Parties as to all requested • rate or charge changes; obtain from Grantee and from any other source, such information relating to rates, costs and service levels as any Party is entitled to obtain from Grantee or others; and conduct hearings as the Commission deems appropriate. R. Contracts. Make such contracts and enter into such agreements as it deems necessary to' make effective any power granted to it or perform any duties imposed Upon it by this Agreement or delegated to it by a Party. The Commission may contract with any of the Parties or others to provide to it space, services or materials. S. Consultants and Legal Counsel. Contract with such persons as it deems necessary to accomplish its powers and duties. VIII. BOARD OF DIRECTORS Section 1. General Powers. The property, affairs and business of this Commission shall be managed by the Board of Directors. _8- i�nP • Section 2. Qualifications; Appointment; Notices. Each Party shall be entitled to two (2) Directors and two (2) alternate Directors. Each alternate shall serve as a Director when the Director for which he/she is an alternate cannot serve or is absent. One (1) Director and his/her alternate shall be a member of that Party's Council. The other Director and his/her alternate shall be an administra- tor or staff member having, or likely to have, administra- tive responsibility for that Party's System. Directors and alternates shall be appointed by the Council of each Party at the time it becomes a Party. When a Council appoints a Director, it shall give written notice initially of such appointment to the City Manager of the City of Edina, but after the Chairman is elected, such notice shall be given to the then Chairman. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices as the same may be changed by sub- sequent notices given in writing, may be used as the offi- cial names and addresses for the purpose of giving notices to such persons for all purposes under this Agreement, including meetings of the Commission. Section 3. First Meeting. Within thirty (30) days after the effective date of this Agreement, the Manager of the City of Edina shall call the first meeting of the Commission, which shall be held no later than fifteen (15) -9- • too Q days thereafter. Section 4. Officers Selection. At the first meeting of -the Commission and at each annual meeting thereafter while the Commission is in existence, the Commission shall elect the Commission officers from its Directors. Section 5. By-Laws. At the first meeting, or as soon • thereafter as it reasonably may be done, the Commission shall adopt By-Laws governing its procedures including the time, place and frequency of its regular meetings, and the time and place of its annual meeting. The Commission may amend the By-Laws from time to time. The By-Laws may be amended by either of the following methods: A. . A proposed By-Law amendment may be submitted by a Director at any regular meeting. It shall then be referred to the Operating Committee for its recommen- dation. The recommendation shall be presented to the Board at a regular meeting and voted upon at that or a subsequent meeting of the Commission; or B. A proposed By-Law amendment may be submitted by a Director by giving written notice thereof to all other Directors at least fourteen (14) days prior to a regular meeting at which it is to be acted on. The pro- • posed amendment shall then be referred to the Operating Committee for its recommendation. The recommendation shall be presented to the Board at the meeting stated in -10- loll R a said notice and voted upon at that or a subsequent meeting of the Commission. In no event shall a.proposed By-Law amendment be acted _upon without a review by the Operating Committee of not more than sixty (60) days. Section 6. Compensation. Directors shall serve without compensation from the Commission no matter in what capacity they serve, but this shall not prevent a Party from pro- viding compensation for its Directors if such compensation is authorized by the Party and by law. Section 7. Voting. There shall be no voting by proxy. Each Director shall have one (1) vote. Votes must be cast at a Commission meeting. Directors shall not be eligible to vote during the time the Party that appointed -such Directors is in default on any contribution or payment to the Commission. During the existence of such default, the votes allotted to such Party shall not be counted for any purposes under this Agreement. Section 8. Term; Resignation. Directors shall serve, at the pleasure of the Council appointing them, a term of two (2) years. In the case of Council member Directors, his/her term shall automatically cease when his/her term as a Council member is ended. Likewise, the term of a Director that is an administrator or staff member of a Party shall cease upon termination of that person's employment with the -11- • appointing Party. Directors may be reappointed at the pleasure of the Council appointing them. A Director may resign at any time by giving written notice to the Chairman of the Commission, effective upon the date stated in said notice, or if no date is stated, effective upon receipt by Chairman. Acceptance of a resignation is not necessary to make it effective. Section 9. Vacancies. A vacancy on the Commission, created by any cause, shall be filled, for the remaining term of the prior Director, by the Council of the Party whose Director position on the Commission is vacant. Section 10. Quorum and Manner of Action. Except as provided in Article VII, Section 3, Paragraph K, a majority of the Directors shall constitute a quorum of the Commission, and the act of a majority of the Directors pre- sent at any meeting at which a quorum is present shall be the act of the Board. In the absence of a quorum, a 4444 majority of the Directors present a+ay- adjourn any meeting from time to time until a quorum is present. Notice of any adjourned meeting need not be given other than by announ- cement at the meeting at which adjournment is taken. If a quorum is present when a duly called meeting is convened, • 4444 the Directors present -may adjourn the meeting, not- withstanding that the withdrawal of a number of Directors m+L d. originally present leaves less than a quorum. No other -12- • 1U11T business shall be transacted ANC Section 11. Annual and Regular Meetings. An annual meeting of the Commission shall be held in April of each year to elect officers of-the Commission-and for transaction of any other business to come before the meeting. Regular meetings shall be held at such times and places as shall be established in the By-Laws of the Commission. Section 12. Special Meetings. Special meetings of the Commission may be called (i) by the Chairman, (ii) by the Operating Committee, or (iii) by the Chairman or Operating Committee upon the written request of a majority of the Directors. Five (5) days written notice of special meetings shall be given to the Directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at the special meeting. Section 13. Notice. Notice of regular and annual meetings of the Commission shall be given to the Directors by the Secretary/Treasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. Business at regular meetings of the Commission is not limited to matters set forth in the agenda. Section 14. Notices Excused. Any meeting of the Board shall be a legal meeting without any notice thereof having been given if all of the Directors then in office are pre- • sent at the meeting or waive notice in writing before, at or -13- 1011u after the meeting. IX. OFFICERS Section 1. Number; Election; Qualifications. The offi- cers of the Commission shall consist of a Chairman, a Vice Chairman and a Secretary/Treasurer. Each officer shall be elected at the annual meeting by the Board and shall hold office until the next annual election of officers and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resigna- tion or removal. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected. Not more than one (1) Director of a Party shall be elected an officer during the same term. Directors of a Party that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Section 2. Resignation. Any officer of the Commission may resign at any time by giving written notice of his/her resignation to the Board, to the Chairman or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board, Chairman or Secretary/Treasurer. The acceptance -14- 1011 of a resignation shall not be necessary to make it effective. Section 3. Removal. Any officer may be removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Directors, at any meeting of the Board, pro- vided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. Section 4. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. Section 5. Chairman; Vice Chairman. The Chairman shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chairman and such other duties as may be delegated by the Commission. The Vice Chairman shall act as Chairman in the absence of the Chairman. Section 6. Secretary/Treasurer. The Secretary/Treasurer shall be a Director who is an administrator or staff member of a Party. He/she shall be responsible for keeping a • record of all of the proceedings of the Commission and Operating Committee and shall serve as the Chairman of the Operating Committee. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to -15- lU�l U each Director. He/she shall have custody of the Commission's funds, shall pay its bills, shall keep its financial records and generally conduct the financial affairs of the Commission. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks and drafts of the Commission shall require the signatures of the Secretary/ Treasurer and one (1) other Director from a Party other than that of the Secretary/Treasurer. In conducting the Commission's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with generally accepted accounting principles. The Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors not less than five (5) days prior to the meeting at which action on such bills or claims is to be taken. The Secretary/ Treasurer shall post a fidelity bond or other insurance in an amount, on terms and with a company approved by the Commission. The Commission shall bear the cost of the bond or insurance. Said fidelity bond or other insurance shall cover all persons authorized to handle funds of the Commission. Any persons may be engaged to perform such ser- vices under the Secretary/Treasurer's supervision and direc- tion, when authorized by the Commission. Section 7. Other Officers. The Commission may appoint -16- lh I 1\ I. such other officers as it deems necessary. All such offi- cers shall be Directors. Section 8. Committees. The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. X. OPERATING COMMITTEE Section 1. Oualificltions. The Operating Committee shall consist of the administrator or staff member Director appointed by each Party. Section 2. Authority. The Operating Committee shall have the authority to manage the property, affairs and busi- ness of the Commission between Commission meetings, to the extent specifically delegated by the By-Laws or resolution of the Board, but at all times, shall be subject to the control and direction of the Board. Section 3. Meetings. The Operating Committee shall meet monthly at a time and place to be determined by the Operating Committee. Special meetings may be called by the Chairman of the Operating Committee or by any other two (2) members of the Operating Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy-two (72) hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Operating Committee by the person or persons calling the -17- lUll`� meeting. The notice shall state the matters to be con- sidered at the special meeting and only those matters shall be considered at that meeting. Section 4. Personnel. The Operating Committee shall have authority to hire, supervise and discharge full or part time employees but their compensation shall be within budget limitations. The Operating Committee may make any required employer contributions which local government units are authorized or required to make by law. Section 5. Notices Excused. The provisions of Article VIIi, Section 14, shall apply to meetings of the Operating Committee. Section .6. Quorum and Manner of Action. The provisions of Article VIII, Section 10, shall apply to meetings of the Operating Committee. XI. FINANCIAL MATTERS Section 1. Fiscal Year. The fiscal year of the Commission shall be the calendar year. Section 2. Initial Contributions. An initial contribu- tion of Two Thousand Five Hundred Dollars ($2,500.00) shall be made to the Commission by each Party at the time it beco- mes a Party. Section 3. Balance of 1982 Expenses. All 1982 expenses in excess of the initial contributions shall be shared on the same ratio that each Party's Franchise fee for the -18- o 1- fiscal year ending August 31, 1982 bears to the total Franchise fees for all Parties for that period. Contributions for 1982 expenses shall be paid by the Parties at such time or times as the Commission shall determine. Section 4. Contribution for Subsequent Years. Each Party shall contribute an amount which bears the same ratio to the total budget as that Party's franchise fees received 'for the period ending August 31 of the year prior to the year for which such budget has been prepared bears to the total franchise fees received for such prior period by all of the Parties combined, or such other amount or ratio as is agreed to by all of the Directors by August 1 of the year prior to the year for which such budget has been prepared and approved by the Council of each Party. however, in any event, no Party's contribution shall exceed the franchise fees received in such prior year by such Party. Section 5. Payment. Contributions, pursuant to Section 4, shall be due in full on each January 15, or by such installment method as the Commission shall determine. Section 6. Default. Contributions shall be due in full, or in accordance with an installment plan, within thirty (30) days after the date of the billing statement from the Commission. If payment has not been made within that time, a Party will be in default. The Commission may recover any contribution in default by a civil suit, and the -19- IU1121 ( defaulting Party, in such case, shall pay all costs of the suit, including reasonable attorney's fees. Section 7. Budget Process. A. Budget Process for Balance of 1982. Within thirty (30) days after the effective date of this Agreement, the Commission shall prepare and submit to the Parties a budget for the balance of 1982. This budget shall become effective upon approval by a majority of the Parties. B. Budget Process for Subsequent Years. A pro- posed budget for subsequent years shall be formulated and approved by the Commission and submitted to the Parties on or before August 1 of each year. No budget shall become effective unless approved by resolution of the Councils of a majority of the Parties. If any Council approves a proposed budget prior to notice having been received by its Directors of the withdrawal of any Party (which may be done by notice given prior to • October 1 of any year), that approval shall not be binding on that Party, but that Council may reconsider such prior approval of the budget. All parties shall endeavor to approve the proposed budget on or before November of each year. If the budget is not approved, the Commission shall promptly formulate a revised budget and submit it to the Parties for their review and appro- -20- 1CU1 Z2 • val. This process shall be continued until a budget is approved. The Parties shall use their best efforts to approve a budget for the then succeeding year by December 31 of each year. Section 8. Expenditures. The Commission may expend its funds as it deems necessary and appropriate pursuant to this Agreement. Section 9. Annual Audit. The Commission's financial books and records shall be audited for the then prior calen- dar year on or before July 1 of each year, or at such other times as the Commission may direct, by an independent audi- tor designated and approved by the Commission. A copy of the audit report shall be given to each Party. The Commission's books and records shall be available for and open to examination and copying by the Parties and their respective representatives at all reasonable times. XI. WITHDRAWAL Section 1. Withdrawal. Any Party may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to October 1 of the preceding year. Section 2. Notice. In order to effectuate a withdrawal, a Party withdrawing from the Commission shall give written notice to the Chairman of the Commission, served personally on the Chairman or addressed to the -21- IU1123 Chairman at the addresss shown on the records of the Commission, and by giving with such notice a certified copy of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the Chairman of such notice and resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chairman. Upon receipt of such notice and resolution, the Chairman of the Commission shall forward a copy of the notice and reso- lution to each Director. Section 3. Financial Effect of Withdrawal. No finan- cial benefit shall inure to a Party that withdraws from this Commission nor shall there be any reimbursement for any contribution made by the withdrawn Party. XII. AMENDMENTS Section 1. Amendments. This Agreement may be amended only by written amendment entered into by all the then Parties to this Agreement in the same manner as this Agreement is entered into pursuant to Article VI hereof. XIII. DISSOLUTION Section 1. Duration of Commission. The Commission may continue for a term up to and including the date the Franchises of the Parties expire. The Commission shall be dissolved if less than four (4) Parties remain, or by opera- tion of state or federal law or regulation, now or hereafter -22- enacted, or by mutual signed agreement of all of the Parties. Section 2. Distribution of Assets. Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. XIV. PRIOR AGREEMENTS SUPERSEDED This Agreement, when effective, supersedes all previous agreements between the Parties hereto establishing a joint cable communications commission. IN WITNESS WHEREOF, the undersigned municipality has caused this Agreement to be signed on its behalf this day of , 1982. CITY OF By_ Its: Mayor By Its: Manager/Clerk -23- i. IN 2-S I 7 MEMORANDUM 70: Mayor and City Council ' .THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: May 27, 1982 • SUBJECT: 5 Year Capital Improvement Program Update • Every two years the Community Services Department requests the Parks, Recreation and Natural Resources Commission and the City Council to update a 5 Year Capital Improvement Plan. This plan provides a guide- line for setting priorities on funding park acquisition and development and trail consturction projects. As part of this 5 Year CIP review, staff has provided the Council with an update of the 1979 Park Bond Referendum spending on park improvement projects committed in that bond issue. PLEASE SEE ATTACHED SHEET. • In 1979 the City anticipated $350,000 in interest from the bonds and agreed ' • to levey approximately $50,000 per year for five years to pay for the $600,000 in extra costs for the Community Center over the bond referendum amount of $2,250,000. The City also temporarily transferred $260,000 from cash park fees in 1980 to cover this immediate cost. The cash park fee fund will be reimbursed as the annual amount is levied. Approximately $275,000 in cash park fees was anticipated to be used in conjunction with the $1,250,000 bond referendum funds to complete the commitments for park improvement projects over a 4-5 year period. The 1982 estimated amount to complete those commitments is $1,681.226, which will require $431,226 from additional sources such as cash park fees, grants, liquor store•proj.cts, donations, etc. The 5 Year CIP revenue sheet indicates proposed sources of income to cover these costs over a five year period. BL:md • • 9 /OI2 • ., • 0 . U ^ 4 .. M C of W W O 0 00 •O N a O O O O .0 Of M O n `N 01 O N O '0 .O N N '0 a0 a0 O N O O N Os .0 O Y N .0 r •0 N n 0 N 0 0 'p •• .0 V .0 M N N N M • W N .OM% OM N M O NV O ON O0I N M •N O OIMN e ' M . . N N M Y Os Y • • N W N in • • i • 0 V U J 0 O O O O O O O O O O O 0 0 0 0 0 • 0 O 0 1000 1 O O O O 0 0 O O O 100 O Y O Y p O O O O O O O O O O O O O O N O O O N O Y1.p1. O� 00 n 0 '0 V 0 n N h N US .N•I M 00Y M 0 0 Y. .• •" N 6•0 A .M Y u N n.. • ad a • • • Y. 3 O O - or •O CO 0O N - .0OM0Nto' a ' N -. N 0 CO 00 N Os 0. 0 '0 Y. C n O N r I N I I V .. GO V MS N N ' Y • OOO 0 • 00 N Ut M .. O ' I I 0. 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O L O >2 O Y 0 n G p 7, O 00 Y 0 VV O 4 O N 8. 0 0 Y ^..C..°. O V° w O VOi= N A 03 vO 00 00 U ^00 0 C w C a V wC M N.� MC ...M. O�0 •'I .q,Y V t C N a O n b N C 0a O 01.0 b O 00 N N O V v.N M c n O. w b CNq O .N ^U eCuJ V N c O K.°C f O Y N N O w 0 00 O V O O O° O A 00 O t A C••• 00 C 00 O O C O O Om C' O u.H 0.... 'v.U v1 u O J•]N H••4 w •U 9 00003 N•••I S w.j w� ^YC N ..,x LI •p milg wEO w .. P.w 01 m g w 3.0.u Y b A w i 4 2 2 In N M Y �M Y O C AtY Y O 8 O C = u ✓ 3 w F pto o0. ,tp+ Yr. yy� Y < E A .O.i ,,BY�O0 9 6 'O 6 J1 F 0yp� .Oi • 6 10 {J N O: ^O.1 S S 00 F. W Yl '00 N d a V s • • • I012O ' . 4 • . June 1, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-121 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-007, Martin Drive Drainage Improvements bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to as the lowest responsible bidder. NDW, THEREFDRE, BE IT RESDLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed .. to enter into a contract with in the name of the City of Eden Prairie in the amount of in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADDPTED by the Eden Prairie City Council on June 1, 1982: Wolfgang H. Penzel, Mayor ATTEST: SEAL • i John D. Frane, City Clerk ' MIS June 1, 1982 CITY OF EDEN PRAIRIE HENNEPIN CDUNTY, MINNESDTA RESOLUTION NO. 82-122 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-017, Mariann Drive Improvements bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to • • as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a contract with in the name of the City of Eden Prairie in the amount of in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 1, 1982. Wolfgang H. Penzel, Mayor • ATTEST: SEAL • John D. Frane, City Clerk 1 1014 . June 1, 1982 CITY OF EDEN PRAIRIE • • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-123 . RESOLUTION ACCEPTING BID ' WHEREAS, pursuant to an advertisement for bids for-the following improvements: I.C. 52-015, Westwood Industrial Park'Improvements bias were received, opened and tabulated according to law. Those bids received. are shown on the attached Suninary of Bids; and • WHEREAS, the City Engineer recommends award of contract to • • as the lowest responsible bidder. • • . • • NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: . • The Mayor and City Manager are hereby authorized and directed .. • • to enter into a contract with in the name of the City of Eden Prairie in the amount of in accordance with the plans and • specifications thereof approved by the Council and on file .in the office of the City Engineer. • ADOPTED by the Eden Prairie City Council on June 1, 1982. . • Wolfgang H. Penzel, Mayor • ( ATTEST: SEAL • • John D. Frane, City Clerk June 1, 1982 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-124 . . • RESOLUTION ACCEPTING BID • WHEREAS, pursuant to an advertisement for bids for the following improvements: l.C. 52-025, City West Improvements • . • bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to as the lowest responsible bidder. • NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: • The Mayor and City Manager are hereby authorized and directed .. to enter into a contract with ' in the name of the City of Eden Prairie in the amount of in accordance with the plans and specifications thereof approved by the Council and on file .in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 1, 1982. • Wolfgang H. Penzel, Mayor • ATTEST: SEAL • John D. Frane, City Clerk inIin