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HomeMy WebLinkAboutCity Council - 11/16/1982 CITY CBUp;r.1!. AC;fNIA -SDAY, NOVEML,LR 1.6, 19,132 7:30 PM, CITY HALL COUNCIL 10E1BERS: Mayor W91(gan, Penzel, George tentley, Dean Edstrom, P&L11 Rcdpath and George Tangen CITY COU1!CIL STAr'i:: City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Oir(:ct.or Chris Enger; Director of Conmr;nity Services Bob Lawhert; Director 01' I'ublic Works Fvgone A. Dietz, and Recordiny Secretary Karen Vichael INVOCATION: Cuuncilmem George Bentley PLEDGE OF P.LLEGIANCE. ROLL CALL I. PRESEN1P,'ilO;1 OF CHECK. IN THE Iii,DUNI OF ",00.00 FROId NORTHWESTERN BFL1- TELEf'I�•U CCb:PP.N FOR lilL EDEN r,n '�1E Hi3Tl''2i(rr RFSTOR 110N FUND Floyd Bernt uii iruoi Wl-!Bell to {:reserii. c!ic,_ki - iI. APPROVAI. OF AGEI'f;°, AN!) OTHER ITEMS OF DE!SINESS III. Nr1ARD SALE OF '.f,.200.i`4)'.I.i:i:) ;!"k0'JE4E;'T `l•O':DS AV^ 2,30O,000! SATE AID ? uO,i6 ,I,esulution Ilo 2 'b3� -A/ c � ✓-_� _— —.----. - IV. Cl FY COUNCIL MINUTES P!"071 PUT—'NC- HfLD TUESDAY,_CTuRER 19_I982 Page 2209 V. CONSE'!T CALENE)AR A. Clerk's License List Page 2210 -0 B. Consideration to el ic'inate mini_-rinks in f:nar location's Page 2211 C. Anrecment )op.rovi^q sno.•nnuoilr trails Page 2212 D. 2111d Readir(l of Ordir wo No, 13=_2, rcnawin0 Kurtz Lane between Page ?215 C. P. and 1). !'.a;lro-if E. 21)cl Rca(linq -,f OrG'Irancv No. 11- 2, rcnaminq Valley V;ew Road Page 22.16 het.laccn !';:kcr Rn;cr, 1-49 F. Rc-olutic s, u_1 No. &2-:'i n.,.-aPji'1_�Yinl t'i •irmar•v of Ordinance No. c,-82 Page 22I7 and_o d r ind the r(hI i(:ati(n Of S_id s i i,iar y for f_denvale 15th-- VI. PUP! iC HEARINGS A. Public 11,,,n•inn t.1, ;c," id r 1 nrwiinq Flvinq Cln.n1 Drtve hctt,en Virllev Page 2221 Noul iwi, B. Roqust t.)r P'uriri;,,l lnc:.r;tr!:11 r.l(•gmr 1 I, r P, 411 11T 1,11OUnt Page 2222 0{ No. '1'-260) City Council Agenda - 2 - Tues.,November 16, 1932 C. Estahli,hw-9 L of Tax Increment District No. 3 and the adoption Page 2234 of a Tox ,i re n, m,mciia flan r t tiniJ thei=eto �Iesolution "to 81-261) - � VII. PAYPI.NT OF CLAIMS NOS. 4568 - 4900 " Page 2271 VII1. REPORTS OF ADVISORY COI^.MISSIONS A. Historical A Cultur_ol Commission - Request authorization to inter- Page 2278 vicv,, architects to complete plans and specifications for restoration of the J. R. Cummins homestead IX. PETITIONS, RIQUESTS R CONVONiCATIONS A. Re elution No £?2 �61 rcnardino_rnqoest from Hennepin County to ¢ Page 22i9 erifcncce��•:rk n rrstr_ict. ont,_aL Lion's TE:p (formerly Lyon's Tap) X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. R iorts of Council Members B. Re_port of_f,ity Mann en 1. Policy settin dg eposit requirements for public improvement Page 228;_ etitit IS C. REport of Cit,Attorney 1. _1st Readinrl of Ordinance No. 16-82, permitting gymnastics use Page 2283 roan. inc'ustrial district D. Report of Director of Public Yorks 1. Award contract for I.C. 51-N8-II (northeast quadrant/MCA road systcr ((esolution Ne. ?-259"— — XI. NFk' BUSINESS rr XII. ADJOURNMENT. /r UNAPPROVCD MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 19, 1982 7:30 PM, CITY HALL COUNCIL i !:'1!tERS: Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Bob Lamhert, Human Servic- CoordinatorJan Flynn, and Recording Secretary Karen Michdel INVOCATION: Counc,il,uan Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Tangen was absent I. PRESENUTION OF !!UMAN SERVICE/VULIINTEER A4U1RDF TO MARY HAYDEN AND LUCiA WIBREGTSE Mayer Penzel introduced Sob Norberg, member of the Human Rights and Services Conti i sion who presented plaques to Mary Hayden and Lucia fiuibregtse in recognition of their service to the community. Norberg stated specific areas in which each had served. Cdstrom noted there were members of the Human Rights & Services Conrnission as well as Russ Strkker,Executive Director of Southwest Hennepin Human Services, present this evening. Mayor Penzel read a letter from the Minnesota Historical Society congratulating the City upon having the Cummins-Grill Homestead entered on the National Register of lhi tonic Places. Penzel said the home now becomes eligible to receive funds from State and National sources for restoration purposes. II. APPROVAL OF AGENU4 AN!) OTHER. ITEMS OF BUSINESS The following items were added to the Agenda: VIII, D. 2. Report on Community- Center V I1 A I. St,)tu of Ilirardous Ula to Sit(, k.)urt IX, A Bids for City Hall i,00f Repair; 1X. B. I'rairu C,ntrr Ih eve Seal Went; IX. C. Status of Landfill P�ii it eiid lY D. build,nr POIT'i_t 1cat•o11s in I'ural�District, MOT IC)N: Ed,,trom moved, seconded by Redpath, to approve the Agenda and Other Items Of BUSiHPSS as amended and published. Motion carried unanimously. City Council Minutes -2- October 19, 1982 III. MINUTES A. Rcyular City_ Council Meeting held Tuesday, September 21, 1982 Delete para. 2 vrhich read: "Edstrom said he would question this in two respects: procedural and substance." MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Regular City Council Meeting held Tuesday, September 21, 1982, as amended and published. Motion carried unanimously. B. Steal City Council Meeting held Tuesday, September 28, 1982 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special City Council Meeting held Tuesday, September 28, 1982, as published. Motion carried unanimously. C. Special City Council Meeting held Saturday, October 2, 1982 MOTION: Edstrom moved, seconded by Bentley, to approve the Minutes of the Special City Council Meeting held Saturday, October 2, 1982, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk's License List B. Resolution No. 82-248 settinq Bond Sale Date for November 16, 19B2 C. Receipt of Tax Incremerw Financing Plan for Tax Increment District No. 3 and refer the Plan to the Planninq Commission and set November 16, 1982 as c H the date of the Publiearing D. Set Public Hearin for November 2, 1982 at 8:00 p.m. to consider renaming Lly tijq oudhrive hetween Valley View_Road and Shady Oak Road E. Set Public Ilearind_for November 2, 19£2 at 8:00 p.m._to consider renaming KurtzLahe_belh-rcen Fdi.nvale_ Boulevard k Chicago, Milwaukee, St. Paul and Pacific Railroa d Tracks F. Set Public Hearing for November 2, 1982 at 8:00 p.m. to consider renaming Valley View koad between Baker Road and 1-494 G. R(,solution_No. 82-247, aRpoirLtj_U election judqes for November 2nd General Election T H. Approve_plans and spc _q,?tions for Northeast Quadrant of Prairie Center Drive 1nLr:ov_o eats, Phasr! 11 I.C. 51 _3_08A and set bid openinjfor_Novbmber 119 1982 at 10:00 a.m. TResolution No. 82-246) v�C' City Council Minutes -3- October 19, 1982 MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the Consent Cdlendar•. Motion carried unanimously. V. PUBLIC HEARINGS A. 1,10M)LAWN Hf.1GHTS by Ruscon Homes. Request for rezoning of approximately 59.68 .ic:res iron! I;ural to R1-9.5 for construction of 139 single family detached housinn units and preliminary plat approval of 139 lots and 2 outlots. Locat.od in the southt:est corner of Duck Lake Trail and Townline Road (Ordinance No. 9-82 - rezoning and Resolution No. 82-244 - preliminary plat) Edstrom paid he would abstain from discussion on this item because of a client relationship betwmon his law firm and Lyman Lumber, Marshall Oaks, representing Ruscon Homes, was in the audience as was Gill Mauer, Because there were only four memh(Irs of the Council present and Edstrom stated he would abstain from discussion and possible voting on the item, it was determined tnere would not be enough votes for action on this item, MOTION: Redpath moved, seconded by Bentley, to continue action on this item to the Novenber 2, 1982, meeting of the City Council, Motion carried with Edstrom abstaining. B. TRFAPIO_R ADDITION_ by G.jy Treanor, Request for rezoning from R1-22 to R1- 3.5 ;ncf�iil in;ii y phtiL approval of 1 lot into 3 lots for approximately 1.0 acres. Located south of Valley View Road across from Franklin Circle, 16117 Valley View Road. (Ordinance No, 10-82 - rezoning and Resolution No. 82-245 - preliminary plat) City Manager Jullie noted that official notice had been published and notices had been sent to the adjacent property owners, Guy Treanor addressed the proposal, Director of Planning Enger stated this request had been reviewed by the Planning Crnumission at its September 27, 1982, meeting, This had been before the. Board of Alymals in August at the recommendation of City Staff, The Board of Appeals had granted Treanor approval to allow three lots on the property. The City Attorney had advised the way to proceed was through the usual Prelim- inary plattinn process. The PnbliC Hearing notice for.the hearing before the Planning Con;e,ission included notice of a rezoning from R1-22 to R1-13.5, The Planning Commission failed to approve the rezoning by a vote of 4-2. The Commission felt this would be spot zoninq. They did recommend approval of the preliminary plat to the City Council on a 4 - 2 vote subject to the Staff Report recorn,;iendutions in the rcinrrt of September 24, 1982. This itr'nir•,a; not reviewed by the Parks, Recreation R Natural Resources Com- misslen. City Council Minutes -4- October 19, 1982 Edst:rom said lie had a philosophical problem with approving the plot and not allowirin the zoning change. He noted he was speaking to the procedure and not to the merits of the proposal. City Attorney Pauly said the Council had to decide whether of not the rezoning should be ()ranted. Bentley said the matter was sent to the Coard of Appeals erroneously. Redpath noted that if sewer and water was availahle on an R1-22 lot, the owner could petition for connection. Bentley said the Board of Appeals decision must be taken into consideration. Penzel said that decision is a factor only if the rezoning request before the Council were to fail. Penzel recommended the Council proceed with the processing and address the issues one at a time. The alignment of the lots with those to the south WAS examined. Redpath stated he felt someone, at sometime, must have thought there would be three houses in that location since three stubs were provided when sewer and water werrt in. Jim Jordan, 16210 Westgate Lane,showed why the Planning Commission had voted down this proposal. He stated there is a natural division along a tree line on the Treanor property. From the viewpoint of the neighbors to the south, Jordan indicated, the uniformity of the lots would be lost; a hodge podge would be created; and a precedent would be set. John Hockert, 16180 Westgate Lane, gave the Council a drawing which showed the location of his home in relation to the subject property. Redpath asked Mrs. Vest, previous owner of the property, why three sewer hoof; ups were put in. Mrs. Phyllis Vest, 9212 Decatur Avenue South, Bloom- ington,said the City put in three. Jordan said the question of how many sewer and water hook ups there are is immaterial. Treanor said there is a 10 - 15 foot hedge behind his property which separates the view of his home from those on the south. Hockert noted all the lots in the southeast quadrant of Valley View Road and County Road 4 are zoned R1-22 and the people in this area are not interested in having srialler lots in that quadrant. Mary Lahti, 16213 Valley View Road, said dividing this parcel into three lots is not going to be consistent with the area; he would not be opposed to two lots. Greg Kelm, 16250 Westgate Lane, said he concurs with his neighbors. He felt the houses would looked crammed if they were on smaller lots. David Thompson, 16101 Valley View Road, said smaller lots would give a chopped up appearance to the neighborhood. Redpath noted the R1-22 zoning was designed for areas which had septic systems and did not depend on the size (If the houses. That is why the b'estgate Addition was zoned R1-22. Edstrom asked about the County's reaction to access onto Valley View Road. Enger said the County would like to have no access onto Valley View Road -- this can bo dime in newer arras but in older areas it is often impossible to do as there is no otncr altcrndtive. The County would like to have a "T-drive" of "horso dioe drive". Treanor said tho location of the house he wishes to build will have to have a turn around driveway because of the length of the driveway. r) City Council Minutes -5- October 19, 1982 Bentley said he felt the tree line to be a significant factor and would not like to sec that removed. Edstrom said he shared Bentley's concern. lie said removing the lot line and taking down the trees is stretching it to add one additional lot. He felt two lots would be appropriate. Penzel said the two lot split would be the only viable option and hreanor should be encouraged to do this. Redpath s<+id in fairness to Trcanor, Staff should work with him as he has incurred expenses which fie should not have incurred during this process. MOTION: Edstroni moved, seconded by Bentley, to close the Public Hearing and to continue action until the Noveicher 2, 1982, meeting. The City Attorney is directed to draft a Resolution of nonial listing findings of fact/reasons for denial. Potion carried with Redpath voting "no." I MOTION: Bentley moved, seconded by Edstrorn, to table consideration of the preliminary plat for two weeks and instruct Staff to work with Treanor during that time. Motion carried unanimously. C. SUh_'1',ISF KNOLLS RFVi_SF_D by Edward A. Sieber. Request for rezoning from Rural to Lit 2.5 aril 2.99 acres for construction of an apartment building of 2 stories and 20 units. Located at County Road 61 and Rowland Road (Ordinance No. 11-82 - rezoning) City M::nager Jullie stated the Public Hearing notice had been published and the neighboring property owners had been notified. Frank Reese, representing the proponent, addressed the proposal. Director of Planning Enger noted this item had been reviewed by the Planning Conrnission at its September 27, 191�2, meeting at which time the commission recommended approval of the rezoning from Rural to Rh? 6.5 subject to the recommendations contained in the Staff Report of September 23, 1982, by a vote of 6 - 0. The Parks, Recreation & Natural Resources Commission did not review this proposal. Redpat.h asked if this proposal was below the density shown on the Guide Plan. Enger said it was. Edstrom asked if there were any plans for the area to the north of this property. Enger said the entire parcel is being used in figuring the density so that would mean the end to any further use of that property. Sieber said they had originall,: asked for a division of that lot in their original plan. Edstrom asked what is envisioned on the parcels to the west. Enger said there are horses to the west -- one is fairly new. 4Iultiple density is shown on much of the area adjacent to Shady Oak Road. Any development in the area would work around the homes. Bentley asked if allowincr this would potentially create or force development to the west. Lager said ire felt it would have tho most impact on the properties immediately around it; it would have littlr impact on the development of anything west of Shady (44; I;oad. ba ielt. the City n,nst try to develop a situation which is en, i"atihilewith th r,incile family hones to the wrest. One of his concerns has been the pressure City ',Jest ,rill bring -- the need or desire for small lot conanVrcial -- there is 11rugly a request from Standard Oil for an area north of 62nd Street. He felt fill' use being proposed this evening is a good transition use for this area; tile.re are design related considerations which relate mostly to screening and can be solved. ri City Council Minutes -6- October 19, 1982 Edstrom asked if Enger conJ dfl red Shady Oak to be fully developed at this time or will the County wish to expand Shady Oak to a four-lane. Enger said they are looking at this right now. The County is planning for an ultimate road in this area now -- there is a lot of development (ding on now in the Minne- tonka area to the north. The County is in the process of acquiring additional right-of-way now -- up to 120 feet. Penzel asked if the major access to this building is on public right-of-way. Enger said it was and this was due to the fact that access would then be brought farther back from the intersection. Fnqer said he had discussed this with Direct(. of Public �,orks Dietz and it was decided there was little need, if any, for this right-of-way. Penzel expressed concern at the lack of a totlot. Enger said swing sets could be placed in the area to the north of the building, if necessary. Director of Community Services Lac:bert said they usually don't look at anything less than 50 units. He felt a chain link fence would be required to protect children from the traffic on Shady Oak Road. Ray Dudycha, 6602 Shady Oak Road, noted the driveway into the apartment building is right across from his yard -- he expressed concern about the lights from cars entering and leaving. He wondered how there is enough property for the building after 20 feet is taken off for Shady Oak Road, Sieber said they had acquired this property in 1971 and agreed this was a difficult piece of property to develop. :e felt they had finally come up with a viable use. Penzel note-d a petition dated October 15, 1982, from the neighbors on Shady Oak and Goiden Ridge. (attached) MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 11-82. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft a Develop- er's Agreement taking into consideration the recommendations included in the Staff Report, those of the Planning Commission, as well as consideration of green space. access control (chain link fence or very dense planting -- the latter preferable). provisions to be made for a tot lot, the entire area (sliver) to the the north included in this piece, screening on the west side to be properly done, and consideration be given to find a solution to the potential problem of headlights relative to the Dudycha property. Motion carried unanimously. VI. PAYMENT OF CLAIMS NOS, 4177 - 4404 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 4177 - 4404. Roll call vote: Bentley, Edstrom (abstained on Claim No. 4335), Red- path, and Penzel voted "aye." ilotion carried. City Council Minutes -7- October 19, 1982 V11. REPORTS Of ADVi"ORY COMPIIS�,IONS There were none. VI11. REPORTS OF OFFICERS, BOARDS & COP411SSIONS A. Report of Council Members Penzel - stated a letter had been received from Congressman Frenzel regarding cable television regulations. A hazardous waste meeting was attended by Bentley and Penzel last week which provided no significant information. City Staff will meet with Hazardous Waste Comrnissiun Staff at least twice in the next two weeks. Bentley expressed concerns which rust be addressed in these discussions including the projections by the Metro Council relative to expansion of the trunk sewer system. City Manager Jullie stated our capacity allocation is 2.9 mgd which might be in jeopardy should heavy water/sewer use be needed by a hazardous waste facility. Reath - noted the Supreme Court had ruled that an apartment or townhouse complex cannot charge the ultimate fees, but instead $1 per unit as a one time charge. B. Report of f, Manader Report to be covered under New Business. C. Report of City Attorney - See IX. E. Called attention to the Memorandum of October 19, 1982, regarding "Procedures Relative to Certain Zoning and Rezoning Matters" and said he would address that later in the evening due to the number of people in the audience for other issues. D. Lart_of Director of Community Services 1. Joint Master Plan for Anderson Lakes Regional Park by Hennepin County Park Reserve District --- ---- Director of Crnmnunity Services Lambert stated the Master Plan has been drafted and is in the review process at this time. He noted it had been before the Parks, Recreation & Natural Resources Connuission on October 4th. He introduced Greg Mack of the Park Reserve District Staff. Greg Mack, South Division Manager, introduced members of his Staff: Don DeVeau, landscape architect and Larry Gillette, wildlife biologist. Mack then rr,viewed the process. DeVeau addressed the proposed Master Plan. r City Council Minutes -B- October 19, 1982 Redpath stated he. has had a long association with the Hennepin County Park Reserve. The City had been asked to acquire and then release to the County the areas around Anderson Lakes. lie said it was astounding to now find the plan identified as a Blooirington/ilcnnepin County Plan. Ile said it has always been known that the active areas would be in Bloom- ington at Bush Lake and Hyland Park. He said that for the last 12 or 14 years Anderson Lakes had been dosignated as wildlife. Les Blacklock's plan just had the "rhino head" area to he active. Penzel said it was the intention to develop the Anderson Lakes portions of the Park to provide for Blacklock's plan. lie said he has been involved in this since 1973 and finds this to be an abrupt turnabout from a previously exi[,ting commitment. He said he would like to see same serious looking at the historical background of the entire concept so the spirit of cooperation which has been established through the years would not be disturbed. Ldstrom read a letter dated October 15, M2, and addressed to the Mayor and Members of of the Eden Prairie Council, from Les Blacklock. Mack said the trail shown on the south Anderson Lake is only a concept -- the trail on the west side of south Anderson Lake is a woodchip trail and not one which would be used year around. Discussion ensued on the use of that trail and the fact it is now a deer corridor. Bentley said any intrusion on the Anderson Lakes by boats would cause permanent damage to the heron and egret rookeries, he would not like to see Any dredging of any of the Lakes. Penzel said there is a City Ordinance which proh'bits the use of boats on Anderson Lakes. Redpath said he wonders if the hoops the City went through to put the Park together were worth it when he reads what is proposed. Ldstrom said Eden Prairie is very much in the park development business. Ile said he was amused that once park land is acquired it must be developed. Ile said we lose sight of the fact that some parks should be left in a pristine state -- what area will we have which will remain that way? Trevor Gettleman, E851 Hidden Oaks Drive, noted there seems to be a war in regard to what will happen along the western shore of the southern Anderson Lake. Ile noted tie had sat throught the October 4th meeting of the Parks, Recreation ti Natural Resources Commission meeting with the Park Reserve people and there had been no changes in tonight's presentation based on continents made at that meeting. He said he and his neighbors would like to have some. backing from the Council. They do not wish to have any sort of trail along the western shore -- right now there is a fence along that shore so those who live along that shore cannot get down to the lake. There is a bluff along that area which is a natural habitat. Ile believes it is all going to boil down to a philosophical battle with the Hennepin County Park Reserve District. John Bergan, 9705 Bentwood Drive, said they hear the ducks and geese along the shore, but are unable to see them. It is too wet to walk behind their homes -- espe,cially in wet years -- and they find it easy to abide by the fact they arc not to go back there. He said he is scared to death when he .9 c �� City CUM I(iI tlinutes -9- October 19, 1932 hears the word "concept" because concepts have a way of turning into reality. He would like to see an intrrprr,tativc center on the east side. Ilo said he appreciates the CounciI's support and likes what he hears they are saying regarding the Plan. Bill Steinbicker, 9152 ileill Lake Road, said he finds it incongruous that a wood chip trail would be placed so close on the western side, but that the trail on the north side of the lake must be 100 feet back. He said he sulmorts maintenance of the natural area. He would like to see an interpretative center in the area which had been previously developed, where there are presently roads, and leave the other portions untouched. Warren Weck, C839 Hidden Oaks Drive, said he is concerned about the security of his property and of that surrounding his. He said there really is nothing to loos: at if there ,ere a vroodchip path because the undc?rgrowth is so high. Ralph Nelson, 3747 Bentwood Drive, expressAd concern about the litter -- he is a jogger and said no one picks up no more litter than he does and one more path would only add to that. Redpath asked "flow far in stone is this etched?" Mack said the Plan had not been reviewed by the full boards of the Park Reserve District nor had it been formally reviewed by the Bloomington City Council. In regard to Gettlemarn's concern about lack of response, he noted that the same information must be made availahie to each group to whom they are making the presentatiom. and no channes will be made until after that. is done and all recommendations have been heard. Bentley asked why tho Plan had been drafted in conjunction with the City of Bloomington and not with the City of Eden Prairie, Mack stated that in the transfer document the City relinquished its rights to be a participating party -- the City did not want to take an active role at the time the docu- ments were signed. Lambert said the City had given up its right to be. an implernonting agency but had not given up its right to comment -- Bloomington still will operate portions included in the Park and therefore did not relin- quish its rights. Larry Gillette, wildlife biologist, said he is a fan of Blacklock -- he has watched the various uses in the parks and said he finds the wildlife to be very adaptable -- there is virtually no impact on the species - with very feri exceptions - when the parks are develop(2d.The trails on the western shore will hove no impact on the wildlife. Edstrom said it is time for the human species to adapt -- let some areas remain as they have been. Lambort noted the Parks, Recreation R Natural Resources Commission had approved the Plan with the following changes: 1) delete the west trail on the southern Anderson Lake; 2) delete the parking access road proposed by the arrow -- althounh it is a concept; 3) to consider vehicle Parking and access road east of Amsden I-lay. Lambert said he had spoken with Les Blacklock earlier this week -- Blacklock still strongly opposes the trail on the west. side of the Lake and feels it is a lmclstag2 area for the Park. i City Council Minutes 10- October 19, 1982 lie did not compare it to Wood Lake. Lambert again noted the vegetation along that western shore where the cattails go out for 200 - 300 yards the only thing to look at, if there W(� re a path, would be a solid wall of cattails or the backs of people's homes, Gettleman called attention to a letter he had written to the Council. Bergan asked the purpose of the trail on the west side of the Lake. DeVeau said it mould be a connection of the Southern trail to the rhino head area. lie said the other trails are quite far back from the Lake and this would be the only opportunity to get close to the Lake and to the cattails. Mike Henry, chief landscape architect, Hennepin County Park Reserve District, said the Plan still has to go through a number of phases yet. It will be looked at and the problems will be 0 iminated. MOTION: Redpath moved, seconded by Bentley, to support the recommendations of the Parks, Recreation & Nataral Resources Commission and to strongly urge the Hennepin County Park Reserve District Staff and Commission to adopt the City of Eden Prairie's position regarding the use of the west Anderson Lakes comprehensive plan. Motion carried unanimously. Dan Sl.ctterella, ,863 Hidden Oaks Drive, asked if the motion included the moving of tl•e parking lot. Penzel said it did. 2. Report�n Conu 1dni t�Center Edstrom asked about the changes in last month's figures. Director of Community Services Lambert said low attendance was not a surprise as September is the month when everyone is getting back to school and into Fall activities -- the attendance will pica; up a little in October and should be back to its peak in November. IX. NEW BUSINESS A. Bids for City Hall Roof Repair City Manager Jullie noted his memorandum of October 18, 1982, in which the bids were suuunarized. MOTION: Edstrom moved, seconded by Redpath, to approve the All Weather Roof Company bid of $22,950.00 for repair of the City Hall roof. Roll call vote: Bentley, Edstruin, Redpath, and Penzel voted "aye." Motion carried unanimously. B. Prairie Center Drive Settlement City lianager Jullie called attention to a letter dated October 8, 1982, re; City of Lden Prairie vs. Relf, et al, The attorney had informed Richard Rosow of the City Attorney's office that his client was willing to settle for the tenq,orary easement. S f, City Council Minutes -11- October 19, 1982 MOTION: Bentley proved, seconded by Rr_dpath, to approve the payment of $6,460 as lull compensation for the Relf temporary easement. Roll call vote: Bentley, Edstrom, Redpath, and Penzel voted "aye." Motion carried unanimously. C. Status of Landfill Permit City Manager Jullie stated he, had cone through the, amended draft of the permit. He said the Pollution Control Agency (PCA) had made several of the changes the. City had requested: there are still some things which are not in- cluded which he would like to see. These include the extension of the methane barrier northerly about 500 feet, limits on the amount of change the Director of the PCA can to to the Plan, improving the sampling for tonic organics test- ing, and providing more test wells. Jullie said one important matter concerned financial assurance. The City is asking to be named in fa,/or of any certificate of insurance or bond which might be necessary. MOTION: Bentley moved, seconded by Redpath, to continue the meeting past the 11:30 p.m. time limit. Motion carried unanimously. Discussion of the draft permit amendment ensued. The consensus of the Council was to write a letter to the Pollution Control Agency Board of Director-s and the Environirental Qudlity Board requesting a Public Hearing and restating the City's position. The letter will be signed by the Mayor and members of the Council. D. Building Permit Applications in the Rural District City Manager Jullied reviewed a recent meeting with John Hansen in regard to a three acre parcel in the Rural District on Eden Prairie Road. Jullie asked whother or not Staff should recommend or suggest that property owners go to the Board of Appeals. Edstrom said he did not think that type of change is an appropriate variance. City Attorney Pauly said he had written a memorandum on this sometime during the past year which said that even though a five acre (now 1D acre) parcel existed prior to 1969 there is no requirement to grant a building permit -- if a landowner has some use of his land (farming, etc.), this is considered, by the Courts, to be reasonable use of the land. Discussion followed and the Council agreed to continue with its present policy. City Council Minutes -12- October 19, 1982 E. Memorandum from the City_Attorn.�y. (continued from VIII. C. I City Attorney Pauly addressed his memorandum of October 19, 1982, which outlined the procedures relative to certain zoning and rezoning matters (a copy is attached.) He noted the Council noy direct Staff to prepare written reasons supporting either the denial of a rezoning request or the adoption of the proposed zoning ordinance. Edstrom said he agreed with this very much. He liked the procedure used this eveninq whereby findings were acted upon after the Public Hearing had been held. X. ADJOUi;NENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 12:01 a.m. Motion carried unanimously. r:�,a i f•` The following items referred to in the Minutes of October 19, 1982, are on file in the Office of the City Clerk as attachments to those Minutes. 1. Letter of October 19, 1982, from James E. Hurd, Lyman Lumber Company. 2. Petition dated October 15, 1982, re: Ruscon Homes pro- posal for development of approximately 135 single family homes at Buck Lake Road and loom Line Road. 3. Petition dated October 15, 1982, opposing the construction of a 20 unit apartment building by Eduard A. Sieber. 4. Letter of October 15, 1982, from Les 3lacklock re: a pro- posed hiking trail around the southwest Anderson Lake. 5. Letter of October 8, 1982, from Richard F. Rosow, Lang, Pauly $ Gregerson, Ltd., re: City of Eden Prairie vs. Relf, et al. 6. Memorandum of October 19, 1982, from Roper A. Pauly, City Attorney re: Procedures Relative to Certain Zoning and Rezoning Matters. 7. Letter of October 13, 1.982, from the Minnesota Historical Society re: John R. Cummins Homestead. l./ r r i CITY OF EDEfJ PRAIRIE , CtLRK'S LICENSE APPLICATION LIST November 16, 1982 CO'd-FACiOP, Francis Construction, Inc. Rail.t,n, Inc. Bloumh_rg Curr anies PLLEIl;ING 46n. L. Gddtke Plwiiing, Inc. K'S M,char�icdl & FxcdvoLing Xads en Plu,wing & Beating bl;rller Plumbing & illeating Northern Ply;rbiny, Inc. Spatz & Ferg, Inc. HEATING & 1''rTI1.ATING J�,i c,st H(�ating & VentiIating V'cNDING '1AC}tINE Sirv,�nd, Inc. These licenses have been approved by the department heads responsible for the licirnsed activity. Pat Soli(', Licensing M E 1-1 0 R A N 1) U 14 10: Mayor and City Council THROUGH: City '•lanager Carl J. Jullie FROM: Director of Community Services Bob Lambert DATE: November 3, 1982 SUBJECT: Skating Rinks At the Octotcr 1Bth meeting, the Recreation Supervisor provided a Skating Rink Program Report to the Parks, Recreation u Natural Resources Commission (a copy of that Octobor 13th Report is attached). At the meeting,several members of the Cowniission expressed concern over the cost of mini-rinks and the justiiicat.ion for those rinks that seem to get very little use. At that meeting the Conarission made the following recommendation: "Jensen moved to recom;a;end to the Council that the City eliminate the provision of neighborhood mini-rinks on the basis of their cost and limited use. With five major rinks with warming houses and a Community Center in the City, this Commission Feels they arc no longer essential. Schwartz seconded the motion and it carried unanimously." The Community Services Staff agree that mini-rinks receive very limited use, with the possible exception of the Topview mini-rink which seems to get more use than the other mini-rinks. Community Services Staff would reco;iunend the City Council consider eliminating skating rinks without warming houses at Hidden Ponds Park, Lake Eden Park, Red Rock Park, and the rink at Crestwood Terrace. The new rink at Staring Lake Park will be open on Saturdays and Sundays and during daylight horns on holidays. The Community Services Staff is also planning on plowing a skating track around the perimeter of Round Lake to reduce the pressure for larger skating areas that aren't in competition with hockey players. RL:jp Attachment i MEMORANDUM TO: Mayor and City Council 'I11RU: Carl Jullic, City Mannger FROM: Bob Lamhert, Director of Community ServLp cslk� i DATE November 12, 1982 i SUBJECT: Resolution on Minnesota Trail Assistance Program For a number of years now the City Council has approved the Eden Prairie Snowdriftcrs Club and the Southwest Snorar,nbilc Trails Association requests for City approval of the snowmobile trail system within the City. The Snowdriftcrs Club and the Southwest Snowmobile Association have again requested the City of Lden Prairie to be the local unit of government sponsoring this trail system. Attached is a Department of Natural Resources Resolution whereby the City of Ldrn Prairie agrees to be the sponsoring local agency for the Southwest Snowmobile Trails Association agnin this year. This does not involve any coimuitmcnt for City funds for maintcnnnce or liability. State law requires a local unit of government to be a sponsoring agency for any snowmobile club requesting State grant trail assistance. BL:md 1`41NINi TRAIL ASSISI ANCE.VROGIIAM AGRELF.11 NT I I,,!; A(,[:i i mi ,''r, Ni,ii- this 11 d:iv of 19 f12 hew&tin the SrAri. of IIo rA, ,ctinq by and tluough thty on- of N.IILItJl Resources, hereinafter o-J"''ed "Stult!", I not if I,r rrr!cn,d tO IS t 1 1 "IUC,ll unit of ,I,,v I,111 r o.111, relitintl to the vstolih:,hnwnt of proposed I rail s 13 it Jr; ",:;n. AS, the local unit of government desires to estiNish,construct and maintain public trails,and WiF.RFAS, the local unit of ii,owirnITILT)l has applied to file S1,1to for a grants III aid for said trails and I'lS solill'illvd th" Milo,'sul:' Trail As,ist:vwx fl,wiwmi ov;rwrship list, work plans, poll msulutrvt of th'. uc"l unit of il:wurnm nt Ili, proposal trail as rnrtlinrl ins,wl dociu-nents and :,id application lorm, io,q), and worki'I'm is atl'it:llod hsrlo as Exhibit A Iwirrafter referred to as the "Plan.' A. (TRAIL 03LIGA110N OF TFIF LOCAL UNIT OF GOVERNmENT) The local unit of government shall (onst;wt, and maintain Tho proposed mils in j:r,'.ordonce wh the hl;nn(aola Trail AS3iFtdnce 1"Foci3m ro,oual hort:inaller mloirt:d to as the"Mdnii and the Application or Project Proposal form. The local unit of covernment shall rail amend, revise or chanqe the approved Application or Project Proposal without the wlltloll consent of the Regional I rails and Waterways Coordinator. In connection with the ustablislinwrit of trails,the local unit of government shall: (1) roitiiiw pror.,.,i to i,c,juire necessary interests in land,and open trails to the,public.The local unit of iiiivvrfirneni must ixquirc 1;)nd in fee, uasoniLnt, luii',ir or ot-rillit for said trails. The term of said intcrt-,i sh,,(l he no kss than four (41 mirrith.5 bt,tween November 15 of any yow and Match 15 of the succeeding yLat for snowmohilo and ski tooling 1rw!,;;and no less 1h,111 five (5) Inuoths between May 15 of any year and Ortober 15 01 We same your for c-nuestrian trails. For each parcel of kind cioisod by proposed trails,the local unit of government slijil obtain from the owner of said parcel and submit to the State Trails Cooicliwitur a ficinlit,lease,u,semont or fee title for said crossing. (a) A person having pois.nnal knotvlorl.,,,r of ovInciship shall sign all affidavit that the porscirl whose nztmv opinp.1irs on the. LiorLMwnL of conveyance or permit is the same person in possession of said f"Onisos and o;)(, and the same who is grantee of the last ilStILImplit of record in the office of said County Rucutdct of the col"11Y in which the land Iles conveying said promises. IN Any instrument of cunveywice or permit with a consideration exceeding $500.00 shall be accompanied by art Atioincy's Certificate of Title, (2)Construct and provide a(INI(late maintenance tvhich shall include keep the Veils reasonably We for 110I)II0 tl;t!; provide sanitation and sanitary facilities when needed;and provide other maintenance as the Stale, may F,quire. Should the local till'i of government fail to expedite establishrim.nt and construction of trails and VIL-roaftri- fall to JUM410 for Such joi,quitt, maintenance, the State may withhold fultirc payments to the IUCal Unit of government and tefolinite this agreement. 8 (1 I'CIINICAL. ASSISIANCE I The State will give technical assistance to the local unit of government In t,idhIIGIIjo,I trails C. 1111 Mlli',JllSf r FhTI The I;iw agrees to reimburse the local urit of(lovernmN)l 550,',of the cost of an nivoloing k'iliCII V.lII 1'.1 I'Ti 1,P......1 90"'. All costs dlAl1J,'.' "'lli coita 111-5(Ilont will not cxcued D. (PAYf1l N11 1*11, Irc:ai unit of govenam of nmsl s d mil a mrur;t for rrimlimm-meat and anaeh wvnlah,"v; f•,a,u,lnJ by Ih,, 0, ,1 n^,II of N,tur,d if,- t 11, fur all rggl1,11"d cu`,ts oxtim(I rn or(Itming, dcvcleid-q, I, 11w gror,"",l the trail, all in pl:anUaueu wl(h i1w NS.:nudl. Adhlctionally, the local unit of Iluw^mn:rA IIIII I bina un:Ln.d Il;crgds of twlinal .q,luu:'I•II P,ur.h,,, exrerdulq$!ID.00, Further, the fu:.t Ic11,I to, I, rusts hwmmd by rpuurnt,q roust I+c made by January 31,and the I last(lay of Carty 1w,1 h Ihwn+';Iflrr tvliile costs.vC inrun ud dulinq Ihr:gronnnnrl year. TII„ 110(45, n Curds,dlsuim:nls,dnri a;!LDIJ t!ng pior.cdures,ail paIclicrs Of lhr local unit of government r(�fev;nrt lu Ibis rlr;ed shill Ian,S11hInNlcl to examinaunn by lite cunUartung dcp,unnent and the Icgislalive audi- tor. RM:(1ILIl,shall br 401"I nl to I,:fhct 111 Costs inculrcd in Iterform,lnce of this grant. (1) Fir•.,( Paynumt'.Upon receipt of the request for rcimbursemrnt evidencing acceptable trail Costs of $500 or mole for drlpncd.ion, rrP'Valopmarll or mamtcnancu, tha Sldtn agncrs to reimhurse the local unit of govmi mrnt fur ;gipruv+:d coals in accordance with the Ivtenual. All sorvicre provided by the local unit of govorronant punuunl In Ihrs ilront sh;dl he twOmmed to Ilu7 sdtisf,wiion of the STATE,as drirrmined in the sole diamtinn of ns aL1tl1UI1ZC11 agent Irld shall nut recowt, payment Ior work found by the STATE to be 1111`,OIIsf J1'Lliry, (21 Su!,,Iw nl P,rymrnts Farb thirty (30) surces vo days a}ter IhC first payment,the local unit of governnmul nwy whim( invuh:as (.vide acing acc(:plabb:trail costs. Saul payments;Mall continue to be made until autI,Mi:,d ICIIWARS'Monis for the costs tit said trail as provided herein Is satisliod or of ter. tnirlalcd wr piuvhlcd herein. (3)Tra i Segmenm it is LIM10st001.1 that if Ihn trail system is developed in segments,the local unit of guvrnnrnenl nay submit requests for (QI0I`lrsernLot as soon as cuuhuuous and workable segments are completed. F. (STATE. LIABILITY) Notwithstanding the giants in aid as provided hl:rein, the State of Minnesota shall not be IiabL' [or such costs as are incurred by the local unit of government because funds[or said trail are depleted,or'ands are LRnaVailnble becm(sc of Icgisldtive or executive restraint. F. (TERM) This Agreement shall he effective on the date it is executed as to encumbrance by the Conlmi-auner of Filcher.,and shill remain in effect until iwo years;rom said date. IN VJITNE:S 67HER10f, The panic; hereto have executed this Agreement as of the day and year first above wriltun. APPROVED: DF.PARTNtrNT OF NATURAL.RESOURCES LOCAL UNIT //OF GOVERNMENT NI� (eo,r i ] �veriegel IT—) TITLE: BY: DATE: TITLE: 1 yr cis y^^+ sJ ru t r APPROVED AS TO FORM AND EXECUTION BY: BY: TITLE: I DATE: _ DATE: Q#I COMMISSIONER OF AOMINISIRATION: BY: ' Au11,ur,eCd S,Vr,el ur0 ne�.rlm.n(of Nelur el He,o YrC.l DATE: DATE: II Lit I NANCI I NCIUdhl lit D Dr PAfiIMINI OI FINANCE wuer,mer,l of r+n„ra un�orun DATE: BY:_ y. _r 2, 1,l';2 CITY OF I'WN PP.AIRIE HPOO.PIN COUNFY, MINNISCITA OR!;INANCE 13-82 NDIN"INCE UL'NGIkG SIRILT N,,,',FS BE IT 0:tO,INLD by the F&AI Prairie City Council that the folluKing stieet sP�aII be rcnamed: Kurtz lane between C.M.ST.P and P. Railroad and Edenvale Boulevard Renamed to Hallmark Drive. First read at a regular r..eeting of the City Council of the City • of I'den Prairie on Novec;ber 2, 1982, and finally read, adopted, and ordered published at a regular r,eetirig of the Council of said City on the 16th day of !� vi:r!,er, 1982. idolfg;ing H. Pen:el Mayor A111ST: SEAL John D. Frane, Clerk 2, 1932 Cl rY Of Eqf N PRf,IRIE HLNNLPIN COUNTY, MI!vNt.SOTA ORDINANCE 14-82 ORDINANCE CHANGING THE STRUT NINNIES BL IT OtI'.'INFD by the Cc!,.n Prairie City COu"cil that the following street shall he ren:, ed: r Palley Vi(�w Road bet:rcen Balser Woad and I-494 Renrred to Roberts Drive First read at a regular meeting of the City Council of the City of Eden Prairie on November 2, 1932, and finally read, adopted, and ordered published at a regular meeting of the Council of said City on the 16th day of November, 1982. !yolfgang H. Penzel, Nayor ATILST: SEAL John U. Frane, Clerk a { M L M 0 R A N D U 14 TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Royer A. Pauly, City Attorney DATE: November 11, 1982 We are enclosing a resolution to which is attached a summary of Ordinance No. 8-82 relating to the Edenvale 15th Addition rezoning. In essence, the resolution authorizes publication of a summary of an ordinance together with notice that a printed copy is available for inspection at the office of '.he City Clerk rather than publication of the full text of the ordinance. Prior to an amendment to Minnesota Statutes Section 412.191, Subd. 4, the publication of an ordinance could not be summarized. Because of its bulky nature the developer's agreement was not published even though it was referred to by reference in the ordinance. We believe that publication of the summary of the developer's agree- ment together with the ordinance will strengthen the legal status of the developer's agreement. Since codification has now been accomplished we believe this is an appropriate time to commence the new procedure. It should be noted that M.S. Section 412.191, Subd. 4, requires that the authorization to publish the summary in lieu of the full text, i.e. adoption of the enclosed resolution, must be by a 4/5 vote of tW wmbers of the Council. November 9, 1982. CITY OF EDFN PRAIRIE HENNEPIN COUNTY, MINNESOTA t RESOLUTION NO. R82- 264 A RESOLUTION APPROVING THE SUMMARY OI' ORDINANCE 8-82 AND ORDERING THE PUBLICATION OP' SAID SUMMARY WIiEREAS, Ordinance No. 8-82 was adopted and ordered published at a reclular meeting of the City Council of the City o,f Eden Prairie on the 5th day of October, 1.982, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDF:N PRAIRIE: A. That the text of the summary of Ordinance 8-82, which is attached hereto, is approved; and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight- point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance 8-82 shall be recorded in the ordinance book, along with proof of: the publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on November 9, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk The follo iiiy i::: the full text of the city of: Eden Prairie 02-dinance No. 8 t,� whic:h was r,donted and o,d,,rc�d IuibIishc•d at a requIar mc�etinq of the City Cu( it of the City of laicn pr;i.irii, un Uelc.Ier 5, 1982. Pollc::ing t.hc text of `, :,e Ordinance, the- Deve.loper's Agreement, which is incorporated therein by Section 5 of Ordinanco, is suTnmarized. CITY OF EDEN PRAIRIE HENNLPIN COUNiY, MINNLSOTA ORDINANCE NO. 8-82 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOrA, REMiOViNG CFRTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AM"r,.NaING THL LEGAL DESCRIPIIONI OF LAND IN EACH DISTRICT, AND, ADOPTING 8Y REFERENCE CITY CODE CHAPTER 1 AND SECl1ON 11.99 'WHICH, AMONG OTHER THINGS, CONTAIN PENALLY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the RM 6.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the RX, 6.5 Dist• ict, any+ the legal descriptions of land in each District referred to in City Code, Section a 3, Subdivision 1, Subparagraph 85 shall be and is amended accordingly. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject. to the terms and conditions of that certain Developer's Agreement dated as of October 5, 1982, entered into between Equitable Life Mortgage and Realty Investors and Equitable Life Assurance Society of*the United States and the City of Eden Prairie, which agreement is hereby made a part hereof Section 6. This Ordinance shall Ei come effective from and after its passage and publication. F1I:ST READ at a re.;ular mcrting of tlie City Council of the City of Edna Prairie on the 2O01 day of July, 1982, and finally read and adopted and ordered published at a regular nvoting of tho City Council of said City on the 5t11 day of October, 1982. tailfymiy }}}}�1'cnzc l., -�Liyor A'I'rUST: IYone, City Clerk I`L1tlLIS]E) in tlr;, ISc3;n Prairie News on Llic day of , 1982. r ltl Suumiary of Developer's Agreement Developer will develop t:he land as described in Exhibit A which is attached to and incotpoiated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Construction and maintenance of a totlot. 2. Construction of a side-walk west and south of the driving service of Lesly Lane as depict-ed on exhibit A to the Developer' s Agreement. 3. The filing and recording of declarations of covenants, conditions, and restrictions on the land which contain provisions for the ex- clusion of recreational vehicles from the land. 4. Installation and maintenance of snow fencing for the preservation Of existing trees. 5. Delay in construction on the land until such time as Edenvale Boulevard is under construction. 6. Construction of a cedar board fence along the land's eastern boundary 7. A variance for the use of wood as an exterior material. 8. The execution of an Assessment Agreement for improvements to Edenvale Boulevard. 9. Submission to the City Engineer of a develoFanent plan for the land. 10. Suhmission to the City of proof that the condition of title of property conveyed to the City is such that it will vest good and marketable title in the City. 11. Construct ion and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensurethe quality of said construction, maintenance, preservation and restoration. 12. Rough grading to be performed by the Developer for imprcvemnts which the City will construct pursuant to 100% petition of all owners of tY: land. Submission of a bond or letter of credit for the rouqh gradinc;. 13. Payment to the City of first three year lighting fees. 14. Developer's (-Y-vvitnxnt not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 15. Application of the Developer's Agreement to transferees of the land. 16. Developer's warranty of title to the land. 17. Construction and maintenance relating to lands to be conveyed to the City for recreational purposes and a bond or letter of credit to ensure the quality of this construction and maintenance. 18. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 19. Notice to the City's cable franchise. Notice: A printed mpy of this ordimuxr is available for inspectinn by any person during rrnc:l;ir of f icC hours at tJie office of the City Clerk. -2- :'� I 2, 1',,2 CI1Y OF 1DEN PRAIRIE HCN`NLPIN COUNTY, MINNESOTA ORDIIJ.NCE 15-82 BE IT ORUAINFD by the Fden Prairie City Council that the following strt'et shall be r�rra�ned: Flying Cloud Dive between Valley View Road and Shady Oak Road Renamed to First read at a regular meeting of the City Council of the City of Hen Prairie on November 2, 1982, and finally read, adopted, and ordered published at a regular meeting of the Council of said City on the loth day of Novci-iber, 19"2 kblfgang N.' Penzel,-1`ayor -- -- AIIEST: SEAL John D. Frame, Clcrk _ TO: Mayor and City Council FROM: John D. Franc, Finance Director DATE: November 12, 1982 RE: Preliminary Approval M.I.D.B.'s George S. Konik - $510,000 Resolution No. 82-260 r George Konik proposes to construct a 5,500 square foot office building which will be leased to Parkview Centers, Inc. Parkview Ceoterc owns and operates chemical dependency treatment centers. The term of the lease is 3 years plus two optional 5 years renewals, the financing is for 15 years. Parkview Centers would employ seven persons. The property, in Bryant Lake Office Centers, is zoned correctly for the intended use. Resolution No. 82-260 is attached for your consideration. JDF:bw 11/12/82 T CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - George S. Konik and assigns b. Business Address - C. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Partnership d. State of Incorporation or organization - Minnesota. e. Authorized Representative - George S. Konik* f. Phone - 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a• George S. Konik b. C. -1- . 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: George S. Konik is in the personnel placement business specializing in the placement of technical engineers. lie also is involved in a travel ageaicy business. Mr. Konik is the applicant. Parkview Centers, Inc. w.ill be the major .lessee in the building. Parkview owns and operates chemical dependency treatment centers in Minnesota, Arizona, and Tennessee. ' 4. DESCRIPTION OF PROJECT a. Location and intended use: Lake Ridge Office Park, Bryant Lake Center, Eden Prairie, Minnesota. b. Present ownership of project site: Ryan Development, Inc. C. Names and address of architect, encineer, and general contractor: General Contractor: Ryan Development, Inc., P.O. Box 598, Gr nd Ra ids MN 5574qq Architects: Waters, uts, and b'Brien, 7470 Market Place Drive, Eden Prairie, Minnesota 55344 Engineer: Sathre-Bergquist, 935 Wayzata Boulevard, Wayzata, MN 55391 5. ESTIMATED PROJECT COST FOR: Land $ 16,998.00 Construction Contracts 482,744.00 Equipment Acquisition and installation* included Architectural and Engineering included Legal 23,230.00 Interest during Construction Bond Reserve Contincencies 32,296.00 Loan Fees 11,332.00 Other Total $ 566,600.00 *Heating and air conditioning should be included as building costs. Indicate the kind of equipment to be acquired here. • I -2- i , i 6. D011D ISSUE - R. Amount of proposed bond issue - $509,900.00 i b. Proposed date of sale of bond - February 28, 1982 C. Length of bond issue and proposed maturities - Fifteen years based upon a 30 year amortization schedule. d. Proposed original purchaser of bonds - First Federal Savings & Loan of Grand Rapids ($424,950 first mortgage bond). Ryan Development, Inc. ($84,990 second mortgage bond) . e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - N/A g. Describe any interim financing sought or available - Construction financing to be provided by First National Bank of Minneapolis. h. Describe nature and amount of any permanent financing in addition to bond financing - Will be in the form of equity contribution. 7. BUSINESS PROFILE - a. Are you located in the City of Eden Prairie? Parkview Centers, Inc. office headquarters is presently located in Wayzata. They presently have a treatment center in Eden Prairie. b. Number of employees in Eden Prairie? i. Before this project: At Eden Prairie treatment center - 30. -3- ii. After this project? 48 f c. Approximate annual sales - 4� million d. Length of time in. business six years in Eden Prairie six months (treatment center) e. Do you have plants in other locations? If so, where? 1, Parkview Meadows - Wickenburg, Arizona 2. - Phoenix, Arizona 3. Parkview Treatment Centers - St. Louis Park, Minnesota 4. Parkview West - Eden Prairie, Minnesota 5. Corporate offices - Wayzata, Minnesota 6. Compulsivity Clinics of America - Minnetonka, Minnesota f. Are you engaged in international trade? No 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. Mr. Konik is not involved in any other industrial development projects. Parkview Centers, Inc. is the "substantial user" of the Parkview Meadows in Wickenburg, Arizona ($2,750.00) . -4- l. b. List all cities in which the Applicant has requested industrial revenue development financing. Chattanooga, Tennessee - for treatment center ($4,000,000) c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. Chattanooga, Tennessee - waiting for final.app.roval d. List any city in which the Applicant has been refused industrial development revenue financing. None e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None • -5- k f. If Applicant has been denied industrial development revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. N/A Y 9. TAMES AND ADDRESS OF: a. Underwriter (If public offering) N/A b. Private Placement Purchaser (If private placement) First Federal Savings & Loan of Grand Rapids, Minnesota' ' i. If lender will not commit until City has . . passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. _g_ After all persons who wished to do so had stated their views on the proposal, the Mayor declared the hearing to be closed. After some discussion, Councilmember introduced the following resolution and (after it had been read in full) (after the reading of the resolution was dispensed with by unanimous consent) moved its adoption: RESOLUTION NO. qd-a t, 0 RESOLUTION RELATING TO THE AUTHORIZATION AND ISSUANCE OF REVENUE BONDS OF THE CITY UNDER MIN- NESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE OF FINANCING A PROJECT THEREUNDER; GIVING PRELIMIN- ARY APPROVAL TO THE PROJECT A14D AUTHORIZING AN APPLICATION BY THE CITY TO THE MINNESOTA COMMIS- SIONER OF ENERGY, PLANNING AND DEVELOPMENT BE IT RESOLVED by the City Council (the Council) of the City of Eden Prairie, Hennepin County, Minnesota (the City), as follows: Section 1. Recitals. 1.01. The Legislature of the State of Minnesota in Minnesota Statutes, Chapter 474, as amended (the Act), has found and declared that the welfare of the State requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment; has authorized municipalities to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement and betterment of projects, including any properties, real or personal, used or useful in connection with a revenue producing enterprise engaged in any business; and has authorized municipalities to enter into "revenue agreements," as defined in the Act, with any person, firm, or public or private corporation or federal or state governmental subdivision or agency (the Contracting Party) providing for the payment by the Contracting Party of amounts sufficient to provide for the prompt payment of principal of and interest on the revenue bonds. -3- 1, 1.02. It has been proposed that the City issue its revenue bonds, pursuant to the authority granted by the Act, in an aggregate principal amount not to exceed $510,000, or such lesser amount as may be necessary, to finance costs of acquisition of land within the City and construction and equipping thereon of one or more buildings (the Project) to be owned and operated by George S. Konik, an individual residing in the State of Minnesota, or a partnership to be formed in which George S. Konik has more than a fifty percent (50%) interest (the Borrower), and leased to Parkview- Centers, Inc., a Minnesota corporation, for use as office facilities; and to make the proceeds of such sale available to the Borrower. The Borrower will agree to pay the City amounts sufficient- to pay promptly the principal of and interest on the revenue bonds, and will agree to cause the Project to be completed. The Project is presently estimated to cost approximately $566,600. 1.03. The City has been advised that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the scope of the Project or the eco,iomic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing costs, the Project can be constructed as designed and its operation is economically more feasible. Section 2. Public Hearing. 2.01. As required by Section 474.01, Subdivision 7b, of the Act, this Council held a public hearing on the proposal to undertake and finance the Project. Notice of the time and place of the hearing, and stating the general nature of the Project and an estimate of the principal amount of bonds to be issued to finance the Project, was published at least once not less than fifteen (15) days nor more than thirty (30) days prior to the date fixed for the hearing, in the official newspaper of the City and a newspaper of general circulation of the City. A draft copy of the proposed application to the Minnesota Commissioner of Energy, Planning and Development, together with all attachments and exhibits thereto, was available for public inspection following the publication of such notice at the place and times set forth in the notice. 2.02. All parties who appeared at the public hearing were given an opportunity to express their views -4- with respect to the proposal to undertake and finance the Project. This Council has heard and considered the views expressed at the public hearing and the information submitted to the City by the Borrower. Section 3. Approvals and Authorizations. 3.01. On the basis of information given the City to date, and the views expressed at the public hearing, it is found and determined that the Project furthers the purposes stated in Section 474.01 of the Act, and that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of the Act to finance costs of the Project in an amount not to exceed $510,000 (the Bonds). 3.02. The Project is hereby given preliminary approval by the City and the issuance of the Bonds for such purpose approved. The Bonds shall not be issued until the Project has been approved by the Commissioner of Energy, Planning and Development, as provided by the Act, and until the City and the Borrower have agreed upon the details of the Bonds and provisions for their payment. 3.03. If the Bonds are issued and sold, the City will enter into a lease, mortgage, direct or installment sale contract, loan agreement, take or pay or similar agreement, secured or unsecured, satisfying the requirements of the Act (the Revenue Agreement) with the Borrower. The amounts payable by the Borrower to the City under the Revenue Agreement will be sufficient to pay the principal, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 3.04. The Borrower has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner of Energy, Planning and Development; whether or not the Project is carried to completion; and whetner or not the Bonds or Revenue Agreement and all other operative instruments are executed. 3.05. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds or should the City, Borrower and any —5— '1 J I. other parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 3.06. In accordance with the Act, the Mayor and City Clerk are hereby authorized and directed to submit the proposal for the Project to the Minnesota Commissioner of Energy, Planning and Development for approval. The Mayor, City Clerk, City Attorney and other officers, employees and agents of the City, in conjunctign with Dorsey 6 Whitney, Bond Counsel to the City, are hereby authorized to provide the Commissioner with any preliminary information necessary for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project. 3.07. The City will cause the Borrower to comply with all of the provisions of the Act, including Section 474.01, Subdivision 8, thereof, in the issuance of the Bonds and the financing of the Project. 3.08. All commitments of the City expressed herein are subject to the condition that within twelve months of the date of adoption of this resolution, the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this resolution shall expire and be of no further effect. Section 4. Special Obligations. In all events, it is understood, however, that the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, if it becomes the property of the City, and from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. Section 5. Effective Date. This resolution shall be effective immediately upon its final adoption. -6- TO: Mayor and City Council FROM: John D. Franc, Finance Director DATE: November 12, 1982 RE: Public Hearing Tax Increment District No. 3 r The proposed District No. 3 would place the Edenvale Apartment project into a Tax increment Financing District. Increments could be captured for up to eight years. Enclosed is a copy of Resolution No. 82-263 which would set up the new district, a copy of the T.I.F. Plans and memos which will support the findings necessary to adopt the plan. Mr. Pauly will address the findings on Tuesday. JDF:bw 11/12/82 CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 82-262 RESOLUTION PROVIDING FOR ESTABLISHMENT OF PROPOSED TAX INCREMENT DISTRICT NO. 3 AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1, Recitals. 1.01 It has been proposed that the City establish an additional tax increment district within Development District No. 1 and adopt a tax incr,ment financing plan relating thereto, all Pursuant to Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 1.02. This Council has caused to be prepared, and has investigated the facts with respect thereto, a proposed Tax Increment Financing Plan for a proposed Tax Increment District No. 3. 1.03. The City has performed all actions required by law to be performed prior to the establishemnt of Tax Increment Distirct No. 3 and the adoption of the Tax Increment Financing Plan for Tax Increment District No. 3, including, but not limited to, consultations or the opportunity for consultations with Hennepin County and the School Dis- tricts having taxing jurisdiction over the property proposed to be in- cluded in Tax Increment District No. 3,.ate' -:o tk�7.�>c—irtre+aerrt Financingl. Plan for Tax lncreare+�t Diwie #a. 3#�y tba�4tY flamrf+4g Commission and the holding of a public hearing upon published and mailed notice as required by law. 1.04. The Council hereby determines that it is necessary and in the best interests of the City at this time to establish Tax Increment District No. 3 and to adopt the Tax Increment Financing Plan relating thereto. Section 2. Findings Concerning Establishment_of Tax Increment District No. 3. 2.01. The Council hereby finds, determines and declares that Tax Increment District No. 3 constit.utues a "tax increment financing district," as defined in Minnesota Statutes, Section 273,73, Subdi- vision 9, and further constitutes an '(?C01101nic development district," as defined in Finnesota Statutes, Section 273.73, Subdivision 12. _ 2 _ 2.02. The Council further finds, declares and determines that Tax Increment District ilo. 3 doe; not meet the requirements found in the definition of redevelopment district or housing district, as defined in Minnesota Statutes, Section 273.73, Subdivisions 10 and 11, respectively, lrut is iii the public interest, thereby qualifying it as an economic de- velopment district. 2.03. The Council further finds, determines and declares that the development presently occurring for which tax increments from Tax Incre- ment District No. 3 will be used, in the opinion of the Council would not have occurred solely through private investment within the reasonably fore- seeable future and, therei`ore, the use of tax increment financing 4aa^t4 deemed necessary; that the Tax Inr.reiaent Financing Plan for Tax Increment District No 3 conforms to the general plan for the development of the City as a whole; and will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Development Dis- trict by private enterprise. 2.04. The Council further finds, determines and declares that the City made the above findings stated in Section, and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 2.05. Under and pursuant to Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended, Tax Increment D 7trict No. 3 is hereby established in and for the City. The property included in Tax Increment District No. 3 shall be the property described in the Tax Increment Fi- nancing Plan for Tax Increment District No. 3, adopted in Section 5 hereof. Section 3. Adoption of Tax Increment Financing Plan for Tax Incre- District No. 3. — 3.01. The Tax Increment Financing Plan for Tax Increment Distict No. 3 is hereby approved and adopted in the form attached as Exhibit V Q hereto, and shall be placed on file in the Office of the Finance Director- Clerk. Section 4. Implementation of Tax Increment Financing Plan for Tax Increment District No. - 4.01. The officers of the City, the City's financial advisor and the City's legal counsel and bond counsel are authorized and directed to proceed with the implementation of Tax Increment Financing Plan for Tax Increment District No. 3 and for this purpose to negotiate, draft, pre- pare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Section 5. Certificate of Assessed Value. 5.01. The County Auditor of Hennepin County (the "Auditor") is hereby requested to certify the original assessed value of all real prop- erty as described in the Tax increment Financing Plan for Tax Increment - 3 - { District No. 3, as of January 2, 1982, and each year hereafter to certify the amount by which the assessed value has increased or decreased from the assessed value of January 2, 1982. Each year the Auditor shall also add to the original assessed value of Tax Screment District No. 3 an amount equal to the original assessed value for the preceding year multiplied by the average percentage increase in the assessed valuation of all property included in Tax Increment District No. 3 during the five years prior to certification of Tax Increment District No. 3, and also to certify the proportion which any such increase or decrease bears to the total assessed value for the real property in Tax Increment District No. 3 for that year and to remit to the City of Eden Prairie each year, commencing in 1984 and ending in 1992 that porportion of all taxes paid that year on real property in Tax Increment District No. 3 which the captured assessed value bears to the total current assessed value, all pursuant to Minnesota Statutes, Section 273.76, Subd. 1, as amended. Mayor ATTEST: Finance Director-Clerk SECTION V. TAX INCREMENT FINANCING PLAN k FOR TAX INCREMENT DISTRICT NO. 3 The City Council of the City of Fden Prairie, Minnesota has heretofore established Development District No. 1 pursu- ant to the provisions of Minnesota Statutes, Chapter 472A, as amended, and did adopt, on March 30, 1982, an Amended Development District No. 1 Program (hereinafter referred to as the "Development Program") , a copy of which is attached hereto as Exhibit A and incorporated herein by reference. A. Statement of Objectives. See Section I, Subsection B of the Development Program. B. Development Program. See Section I of the Development Program. C. Parcels to be Included in Tax Increment District No. 3. The following parcels located in the City of Eden Prairie, County of Hennepin, State of Minnesota: PIN Property Description /0-116-22-31-0002 Lot 1, Block 1, Edenvale 4th Addition D. Parcels in Acquisition. It is anticipated that the City will acquire parcels located within Development District No. 1, but not contained within Tax Increment District No. 3. These parcels will be acquired through tax increment financing, in part from tax increments accruing from Tax Increment District No. 3. As the City acquires said parcels, the Tax Increment Financing Plan for Tax Increment District No. 3 will be modified to reflect the acquisitions of said parcels. The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1) The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this tax increment financing plan; and (2) Such acquisitions will he undertaken only when there is assurance of funding to finance the acqui- sition and related costs. 5 - 1 E. Development Activity in Development District No. 1 for which c:ontrjcts have been signed. The following contracts have been entered into by the City of Eden Prairie and the persons named below: (1) Buesing Bros. Trucking, Inc.: $996,562.10; starting August, 1982, estimated completion November, 1982. Partial work on the Schooner Blvd./I-494 under- pass and connection from W. 78th Street to Valley View Road. Grading, curb and gutter, storm drainage, side- walks, bitUminOUS surfacing, bridge, ramps and traffic signals, 0.64 miles. (I.C. 51-308A) (2) Minnesota Department of Transportation: $148,500; starting December, 1982, estimated completion July, 1984. TH 169 from W. 78th Street to Valley View Road. Bridge widening and widening TH 169 to four lanes. 0.06 miles. (I.C. 51-308B) (3) Richard Knutson, Inc.: $1,997,151.88; start- ing August, 1982, estimated completion October, 1983. Valley View Rd.-Mitchell Road to Menards & Schooner Blvd. to TH 5. Grading, curb and gutter, storm drain- age. Sidewalks and bituminous surfacing. 1.37 miles. (I.C. 51-340A) (4) Hennepin County: $225,326; starting July, 1982, estimated completion July, 1983. Baker/Mitchell Rd. connection. Grading, curb and gutter, storm drain- age, sidewalks and bituminous surfacing along new align- ment of Mitchell Rd. from Valley View Rd. to Baker Rd. 0.85 miles. (I.C. 51-340B) Northdale Construction Co., Inc.: $2,389,590.60; start- ing August, 1982, estimated completion October, 1984. Schooner Blvd. TH 169 to TH 5. Grading, curb and gut- ter, storm drainage, sidewalks and bituminous surfac- ing. 0.85 miles. (I.C. 51-398) F. Other Specific Development Expected to Occur within Development District No. 1. The City has given approval for the construction of two (2) banks, a 152-unit hotel, a condominium office project, a 174-unit apartment complex, an office building and two (2) town office projects. It is anticipated that additional private development of commercial, industrial and residen- tial projects will occur. Of the above development antici- pated in Development District No. 1, only the 174-unit apartnuent complex as de:;cribcd in Subsection D above is in Tax Increment District No. 3. G 5 - 2 G. Buffet for Tax Increment District No. 3. see Section II, Subsection P, page 2-9 of the Develop- ment Program. H. Bonded Indebtedness to be Incurrred. It is anticipated that $22,875,000 of bond indebtedness will be incurred with respect to Development District No. 1 of which $18,000,000 in general obligation tax increment bonds were issued in 1982. I. Sources of Revenue. It is anticipated that the major source of revenue will be provided through the issuance of general obligation tax increment bonds with a total of $22,875,000 anticipated to amortize costs in Development District No. 1. Bond sales will be staged in this project and based on availability of tax increment. A first stage issue was sold on March 2, 1982, in the amount of $18,000,000. J. Estimate of Tax Increment from Tax Increment Dis- trict No. 3. The most recent assessed value of Tax Increment District No. 3 is estimated to be $60,320.00. The estimated captured assessed value of Tax Increment District No. 3 at completion is estimated to be $1,601,680.00. K. Duration of the District. The duration of Tax Increment District No. 3 is expected to be ten (10) years. L. Estimated Impact on Taxing Jurisdictions. The estimated impact of Tax Increment District No. 3 on the taxing jurisdictions within which Tax Increment District No. 3 is located is as follows: 5 - 3 a `l i DEVELOPMENT DISTRICT IMPACT ON TAX BASE i Original District Future District Assessed 8 of Assessed 8 of Entity Tax Base Value Entity— Value Fntity Hennepin County $5,986,796,191 $60,320 .001% $.1,662,000 .028 I.S.D. #272 141,978,916 .042 1.171 Eden Prairie 183,158,865 .033 .907 I.S.D.287 3,675,033,210 .002 .045 DEVELOPMENT DISTRICT IMPACT ON MILL RATFS Current Potential Mill Rate Entity Mill Rate Taxes Increase (2) Hennepin County 29.183 (31%) 46,741 .008 I.D.S. #272 42.138 (45%) 67,492 .475 Eden Prairie 16.660 (18%) 26,684 .146 I.S.D. $287 1.469 ( 1%) 2,353 .001 Other (1) 4.968 ( 5%) 7,957 — 94.418 151,227 (1) Other taxing entities include the Metropolitan Mosquito Control District, Watershed District, Metropolitan Council, Metropolitan Transit Commission, Park Museum, County Park Suburban, Hennepin County Regional Railroad. (2) Assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. 5 — 4 I! -III of Tlilll.`;pol1i111( ll GOMC1I Vil11Uy, M111IICS01L1 5S,122. 'S (G121L-0S:a.�t a September 21, 1980 SE a3 I I'll'0 i Yr. A. J. Lee . l.' Associate County Administratof lir_nnrpin Co. rurr•au of Public Service A-2300 Government Center 1".it;neapolis, Einnesota 55487 RE: C.S. 2785 (I-494) in Eden Prairie Dear Mr. Lee: fFor about eight years we have been working with the City of Eden Prairie to devolop plans for transportation imp:ovtments for more efficient and safer access to the :aajor renter that has devr.loped near the I-494/T.11. 5/T.11. 169 1 interc:ianEe. The improvcrents that rye specifically have been involved in include the intercha:x,e with Sr),coner roulevard between CSA11 1S and T.11. 169 on 1-494, the up l;rac'.ing of old T.11. 169 h;t :ern CSAH 60 (Valley View ltoad) ( and test 78th Street, ;:nd the proposed one.-l;alf diac,m:d interchange at I-494 1 and CSAH 60. 1:n/Ih)T has previously arced to participate financially ill all but the interchange at CSAH 60, although I'm sure we would contribute sub- Stantial right of way to this interchange. Now, of course, the State's economic picture is quite bleak and we have had to inform Eton Prairie thit En/1101' has re:novad these projects from its pro- f gram ncbedule. This is especially di:tressing to us because Eden Prairie authorizcd the sale of bonds in the a:ca of $5 million to finance portions t of tlinn _ _.cmcnt '•_,-ed in nart c:. ocr :in.ncial cc..:litecr.t. :Ice:, -c find it isipossible to contribute financially. We fe•rl the d,:scribed projects are pris,o rxam.plcs of what transportation pro- jects can do in concert with private invcstvent to broaden the tax base in a cocn:unity and provide economic vitality. In rry own opinion, I see _•nmt. m iclicf to our funding situation fro tic 1981 ler,islature. I do not src,,ho.ever, ade•,uatc financial rrsourecs in the ucxt five year:: to allow lIn/Il0.1' to participate financially in these hadly needed crpital i:rprovrmrnt projects. He undr:stand that Ilr:,nrlrin County is werl:inr with Eden Prairie on a Tax I mere"ietlt financing proposal that vould include funding for all or somc,of these projects. . 1�Cc 2 ' a We sincerely believe that this proposal is sound not only from an L•conomie point of �<<'�, but frn:n the standpoint of iu�provcd traffic safety and opera— ticih,s of the rc�:onal tra:,sportation system. i:n/ll07 Would urge 1{ennepin County's favorable consideration of the proposal. x Sine rely /� I O L W. 1;. Cra�i.ord,�P. E, District 1i:,},inccr / cc: H. 0. Klossacr, llennepin County fi Roger Ulstad 3 t } J ( SEPTFIlBER 8, 1981 a ] j0: CARL JULLIE, i'lANAGER FROG: JACK HACKI SUBJECT: ACCIDENT INFORMATION THE FOLLOWING REPORT CONTAINS All PROPERTY DAIMAGE, PERSONAL INJURY AND FATALITY ACCIDENTS HANDLED BY THE EDEN PRAIRIE DEPARTMENT OF PUBLIC SAFETY JANUARY, 1975 THROUGH AUGUST, 1981 1N THE MAJOR CENTER AREA. WAY 110 - / / 1 �'- -, • ,,, �.,.._,�.,, - it �l .•t.0 t,l n_ t.J 1 1 . O- •--1 O O d M M 'A �t �G O W J n_ CI o uj it M m N In -1 J to I 1\ 1 J z N ' O W ' O � i c0 1•, IN CO O (n M d N to m H w w -i to O C) d ~ N 7 M r CD tJ <S O -1 Ol in to In O I t0 S to w a� r\ cA If1 cJl I A c � S cc Q } p O t0 O t\ O .�' I �' Q to N N CV M M M N (71 T V, '7 d cc cc uj O IJ. P-1 'T_ LU W I O ^ rn N t o cT I O lK . r. tb DHm 00 -1 00 M J U ,. O IL. -4 .. - 1- O tb .= tP Ql Ol m Cn m al }- O 1� .-t .-t r-I .-i -I ,-I .•-1 :G c . i l K.=.Moa,ilaDurl TO: City Ccuncil nii=ml: Carl Jullie, City Manager j FROM: Wayne Sanders, Chief Building Inspector 1I Tax Increment financing plan for an Economic Development District DA'IZ: 9-9-81 3 I have reviewed the buildings that exist in the tax increment financing plan • for economic develop^,rnt and find that not any of the buildings are struc- turally sub,,t:andard. They world not require substantial renovation or clear- ance. There is no evidence of overcrowding of buildings on the land, exces- sive dwelling unit density or obsolete buildings. No hazards to the health, safety, and general well being of the cona�.unity can be indentified. =7 I I 1 I M E M O R A N D U M TO: City Manager Carl J. Jullie t•RG,N: City Assessor Bob Martz SUBJECT: Valuation reductions for He:part Shopping Center, Scars Roebuck & Company, 1 Powers Depart::ent Store (Associated Dry Goods Co.) ' DATE: July 7, 1931 The follo.:ing reductions were applied for by the subject applicants via the abatement 1.. process through the Hennepin County Assessor's Office, and were approved by the undersic-red and the Hr-,nnepin County Assessor's Office. Cue to very poor sales for all three corporations, it became necessary to reduce the valuations. Sears Roebuck R Co. T' Valuation Years Reduced Valuations -1 1977 - $4,442,200 1977 - $3,500,000 1978 - $5,046,800 1978 - $3,900,000 �1 1979 - $5,091,000 1979 - $329002000 1980 - $5,091,000 1980 - $3z900,000 1"OTAL•$19,671,000 TOTAL-$15,200,000 TOTAL REDUCTION - $4,471,000 �( Homart Shopping Center j Valuation Years Reduced Valuations r 1978 -$11,1042400 1978 - $8,444,600 1979 -$11,104,400 1979 - $8,444,600 1930 -$11,104,.400 1980 - $8,444,600 TOTAL-$33,313,200 TOTAL-$25,333,800 f TOTAL RLDUCTION - $7,979,400 1 Powers Departr.ient Store _ Valuation Years Reduced Valuations _y 1977 - $3,460,000 1977 - $2,600,000 1978 - $3,460,000 1978 - $2,600,000 --rt TOTAL- $7,920,000 TOTAL- $5,200,000 TOTAL RILKIMON - $4,720,000 fj The new values were determined by capitalizing the net annual sales. This allows for 1 a fluctuation in annual sales, i.e., the greater sales volume,the higher the value,and the lox.ur sales volume, the laver the value. This concept has been applied to all sho;ping center's in Hennepin County. . rr _ p _ As ycu will note, srn;:e of the corporations h,-Ne a different nunher of years for r duction. Po::,!rs filed a court petition forthe t-ro years which were reduced and t su`.,;equr;nt years. i'cmart had to he abated subject to an MAI appraisal which was late in cu,ninq. S ears was abated and a change order for the firal year (1980) after approval of the abat Bents by Hennepin County. The 1981 valuation for all corporations are at the reduced values. t 1 Grand total of all reductions for the corporations amount to $17,070,400, or an approximate total of $734,000 in taxes lost. . . Y RM:jp -A. z i� R i r TO: Mayor and City Council FROM: Chris Fne_,er, Director of Planning THRDUGH: Carl Jullie, City -lanager D?,TE; July 7, 1981 1 REC'.RDIt;G: Major Center Area Road Irr,rovemcnts In the late 1960's, Eden Prairie was designated by the I"atropolitan Planning Cersgiss`on as a Lon,nunity which should contain a Constellation Center regional eo:i,:,ercial area. That agency recognized that the intersection of US 169-212 and TH 5, with I-494 (the belt line) would bring together volumes of traffic that would support a regional co:,c;,ercial center. Just as I-494/694 operates on a regional scale as a belt line to carry regional traffic throughout the metropolitan area, Eden Prairie adopted the ccncr_pt of a Ring Poad, around the I-494 major interchange, to provide access to surrounding properties and distribute traffic from these regional roads (TH 5, US i69-212, 1-494) to buisnesses that would service the southwest area. T Tha idea of the Constellation Center and Ring Road were adopted in Eden Prairie's first Co:,,prchensive Guide Plan in 1968. This plan was further refined in 1973 in the Major Center Area Planned Unit Cevelopr,.ent. .r Eden Prairie l.egan rapid develop,.,_nt in the early 1970's, because of its geographic position in the !Lotro politan area and because of quick access to major employment centers via I-494. This quick access was a key factor in precipitating our resid- ential devc10-:%r,nt, enlarging our population from 6,8DO in 1968, 265%' upward to a current population of 13,000. ` However, priir:ary access to major roads for develo,,ment is limited, especially around a frcc.,ay interchange. because of Eden Prairie's road planning efforts in the ha,jor Center Area, growth hegan to occur in anticipation of a Ring Road system which r:ould cake accept::ble access available to co::nercial properties. Homart } ShoPping (ruler is an excellent example of a coui;:any which built in anticipation of the read s tc•m, which is yet to he built. A high si,op v.,cancy rate is the result of I;oor access in this situation. H umart felt the following conditions were necessary for opening their center in 1915: "THE IMPROVEM MTS REQUIRED FOR OPLNING CENTER Roads Homart, its consultants, and the Village have been working together to accomplish the necessary road improvemcrnts required by opening. A. Ideally, t!,e entire Village ring route and co,rplete intersections should be complete by the opening date of the center. Realistically, a portion of this ultimate system is required by early su,I.:)er of 1975. 2 1. T!;o south I i:,1 f of c! V i I I ring route from om t h e r,o r th- r-,s t I-k;J e of file site to State H i y 5 en "he w'1s t This !)(cds to be built to a iAnlimu,-n four In4e standard. 2. Village ring route intersection with 169-212. 3. Village ring route intersection with State Highway 5. 4., Upgrading of IG9-212 from the Village ring route north to County Pluad 60. 5. Temporary off rr!mp from westbound 1-494 to 169-212. 6. Necessary signializzation. Most of these im.prevements must be requested through the Village to the State." Celco, Cabriole Center, 11cirtford, all have built in anticipation of road systems not built. Poor access, traffic congestion, and s-.cwed growth are the result. Super Valu has built its corporate headquarters in anticipation of 1-494 ramps at Valley View Road. 11-!cnard's 15 acres developed out of 73 owned sites at the end of a long privately built service road. The Ring Route in the 716nard's area would give access to the balance of their parcel. Condon Naegelp 'Realty rf�ceived approval in 1975 for approximately 60 acres of cr,!-,aLrcjal along the north side of 11-494. Although a major grading project was co!T-pleted to pr(pa;e the property for buildings, since the anticipated access to 1-494 did not materialize, the property is still vacant today. CNR, in their application to the City Council stated: "Presently, the high.qay network consists of four existing or projected freev.ay facilities: Interstate 494, County Road 18, Trunk Highway 169-212 and the Crosstc-.:n 62 as well as Trunk Highway 5. This roadway system must be supplemented with local dispersal routes to channel automobile flow to and from the Ring Road which c-,pl function as the transfer mechanism be',%-.cLn those two road types." The Prn.sc-rve Coiri,ercial Area PUD, which was approved in 1975, but is largely unbuilt today, expected the following: 6. Critical Public recisions In order to i;Tiplv7-!cnt the development of The Preserve com- morcial KID area and to assure that'the area can successfully be developed as a viable culeric"cial devLlop:;,ent, the following public actions will be required: a. The City of F(!on Prairie, in cor,;,�.)ration with other i. public aj,,ricies, including the �Mirll),`Xta Doparti;:ent, Will LCY:Iplete the dcvel,,t1w-,,nt of the Ring Route. Of particular importance are the access ramps or C;:,,i::r ,,:-Ca "r,::d ir.� ,... ..nts pare 3 to I-494 and the completion of the scuthk,est.leg of the Ring '.oute from U.S. 109 to T.H. 5. Without these im- prove,',2nts provided in the n,�ar future, The Preserve will be unable to capture the initial ca:mercial uses nr:cessary to fully implement the cor.;::�ercial development plan. b. The Minnesota Highway Department will agree upon access, design standards and the upgrading of U.S. 169 by the fall of 1975, to provide adequate access to the proposed co;:'erciat dc:velu;;,'ent .yest and south�,.est of the fiorart Center. c. The City of Eden Prairie will provide utilities to all parcels upon petition for service per the schematic plans at timing co;,�:,:ensurate with phasing plan. d. The City of Eden Prairie will amend the Ring Route asses- sr.ent district lines to conforn with the boundaries of the proposed development and to exclude the scenic easement area until such timS that development rights to the prop- erty are utilized.' Gelco, in 197R, expected improved road access to service their expansion. "TRAIISPU TAT ION The proposed expansion to 2,500 people on the expanded Gelco site j will generate around 2,000 ADT which will adversely affect the traffic flow on t'.est loth Street. Top priority should be given by the City to the completion of Schooner Boulevard and its on-off ramps to and from 1-494. Several transit options exist for Eden Prairie as outlined in the 'Transit Potential tr,ter•im Report'. Eden Prairie Center is expected to be center of activity in the area and seems to be the logical location for several transit alternatives. These include Coordinated ( Transfer Service, Park-N-Ride, Service & Car and Van Pooling. Others j riot necessarily depen:ent on Eden Prairie Center as a cen4ral location are fixed Routo Deviatiun and Demand Responsive Service.' I� Hartford, in 1979, felt the following improvements were crucial to its development: I 3.5 1RANSPCRTATION 3.5.1 Area Roadway System x Major improver,nnts are plannr�d for the roadway systems located in 0io I,'.en Prairie ;•aior center area. The pro;,osrrd ',cries of 1-011";13y irirrove;,-:nts that would have the greatest impact upon the proposed site is the exten-. lion of Schooner Boulevard to the north, passing under -,r r page 4 the I-494 and connecting to t!,c TH 1G9, C.c,,;,,',y Road 60 interchange. In conjunctic,n with this, � kalf-diai!iund (to the would Le cc.,Istrucled to Pro- vide ;nterstate access fiu;n 'lie Schr,:jner F.Cule- vard. Access to/from the 111st.for 1-494 and IH 169 would be retained by the provision of a pair of collector distributor rcadways. The ultimate plan for Schooner Boulevard (ring road) is to Cij-CU,ivent the major centers area providing for access from all directions to the ring road. T Also importarLt to site access is the proposal •to widen the existing two-lane TH 169 to a four-lane facility. Areawide projections of traffic volumes are contained in the Hennepin County Transportation System Study. The volumes were projected to the year 2000 on a roadway system that included completion of the Eden Prairie major center area ring road. The projections indicate that 15,000 vehicles per day Will use Schooner Boulevard adjacent to the proposed offic6 develop;iLnt'site. The City of Han Prairie has prepared a roadway improve- ment schedule for these numerous projects. This schedule is illustrated on Table 1. The time table, while subject to chance, contains the most up-to-date information and completion dates for these improvements. 3.5.2 Site Generated Traffic Projections Eased upon historic traffic data for projects of this type, future projections of traffic generated by the proposed office development can be rude. Office develop- ments exhibit peak traffic conditions during the morning 'rush hour' , ashen inhound traffic peaks, and during the evening 'rush hour' when oufound traffic is at its highest level. Table 2 provides site venerated traffic projections for the two peak hours and on a daily basis. The traffic projections have been prepared for the Phase I development and for the ultfi;,ate proposal. TABLE 2 SITE GENERATED TRAFFIC PROJECTIONS Development AM Peak Hour PM Peak Hour Daily' Phase in Out In Out In Out Phase I 200,000 SF 325 35 55 360 1,120 1,120 Ultirale 1,250,000 SF 2,025 225 335 2,250 7,000 7,000 n t s Page 5 3.5.3 Direc ti•,ns of Approach The directions of approach for vehicular traffic must he established in order to assign site generated traffic to �the area roadway system. The dit%ction approach Pst- of imates for this sit.e have been e.,uto!-,ninrd by utilizing 1900 population projections provided by the Metropolitan Council. A pri;:'ary area located within a 7.5 mile radius of the site and a secondary area located within a tefi mile radius of the site w-re identified for purposes of Lstablishirr' Copulation location data. Directions of approach indicated on Figure 19, were then derived 'based on population location and location of available approach routes. 3.5.4 Traffic Assignment The assignment of traffic to the area roadway system is accomplished by utilizing the site generated traffic pro- jections indicated on Table 2 and the directions of approach illustrated on FiCure 19. Peak hour site generated traffic r estimates are indicated on Figures 6 and 7 for both Phase I and the ultimate development proposal. The site traffic assignment for Phase I assumes the use of the existing area ro.d,;ay systems v.-hile the assicn.-.,ent for the ultimate develop- ment assumes the extension of Schooner Boulevard to 1-494. While the site traffic generated by the off-ice devLloprrent proposal aids in the determination of the access roadway require;;,ents, there are Other traffic components to consider. For purposes of this study, this traffic component will be called non-site traffic. Non-site traffic will consist of through traffic along Schooner Boulevard not having the office site as their destination plus an estimate of traffic generated by those parcels ii;r,.ediately adjacent to Schooner Boulevard that wi'il utilize the same access as the office generated traffic. Projected traffic volumes have been prepared for this area. As a part of the Hennepin County Transportation System Study. This study indicates that 15,000 vehicles per day are projected in the year 2000. TO travel along that por- tion of Schooner Boulevard located adjacent to the site. These projections were utilized to aid in determining site access roquirce;unts. Based on those projected traffic volu;nes, assignment of total traffic (site plus non-site) was node. Peak hour total traffic projections for Phase I are illustrated on Figure 20. peak hour projections for the ultimate Ovelot17,orit are illustrated on Figure 21. The traffic a�.signi;.c-nts for Phase I ecvelop:nont are based on the utilization of the existing 3roa roadway system , while ossiqni,,c-nt for the ultir;ato development assume the extension, to the north, Of SLhr),uner Boulevard and provision of the additional intur-016F19C capability. r jur C..nt..r A, age 5 3.5.5 Site Access ° Censfdr:riuy the traffic volu;;.es c•�nerated by the Pf,ase I develop ,ent in conjunction with thre,;cn' (nun-site) traf- fic, one point of ingrrts/cr;ress will provide very efficient access while not hir,;,,:ring thro: h traffic movement. The intersection prcvidiny access to the site should be desiyned to provide full mover3nt capability. An exclusive left and right turn lane aic>ng Sch�uonvr Eoulevard should contain jtwo iubpund and t.;o outt,o;:nd l,:r.rs. The outbound right turn lane should be consiri;::ted to facilitate unint:rupted traffic novr:.ent. An accelrration lane should be provided along Schooner boulevard. Two points of ingress/egress are required to provide access to the ultiir,ate development. The traffic volhw;ics associated with the ultimate develo,:rent f indicate that exclusive dual left-turn lames along Schooner 1 Boulevard will be required at the northern intersection. This conclusion is drawn from a critical movement, level of service analysis (contained in Appendix A) which indi- cates a level of service F that requires a single turn lane and a level of service B that requires dual left-turn lanes. This level of service is acceptable for a situation of this type. The reco ,mended intersection design for Phase I 1�nd the ultimate dr:velopT.ent are illustrated on Figure 24. i Develo,ncnt in Eden Prairie has followed the completion of Regional roads. Resid- ential develup,..cnt has collie first; hoa.es being built after roads are co;:ipleted. 1 local co.:-.,crcial develel,:nent !;as sprung up to service this residential population, but regieral office and cos;e:�:rcial has been stifled by the lack of good regional access. By way of cu::Parison; Burnsville Shopping Center was started by iiomdrt after Fdan Prairie Center, but today is a bustling Regional Center, surrounded by several sl,;,iorting slopping malls. The access to the Center off of 35W is quick (via a full dic:rand, stop lights and four lane road,;ays), understandable, and easy. Eden Prairie Shopping Center access is one sided from I-494 and slow (on two lane reads) from TH 5. Access from US 169/212 is good from the south but dis- jointed fr'u..Tl the north. It is cry opinion, that since the southwost area of the metro-area is the fastest growing aroa in the state, (with a high per capita income} if congestion can be reduced and access improved in the t•lajor Center Area, rapid growth will result in the traditionally established pattern of development followinq roads. If access c.,nnot be i;.proved, growth will stagnate as more accessible coroiercial areas retain a co;;rl)etative advantage over Eden Prairie. CE:ss IS r r ;r. a FcA Pace 7 REF Efi;_NCFS: 1.1K,)v+art DcveloPf.-,c'rt Company, rROPOSED RF.GICNAL CENIER, Eden Prairie, Vi nresota". A 2..cnr Condon-N3(,ncle Realty Co., A Planned Unit Development", by Brauer F,SSOC4&te5, Inc. P8gC 8 3,,Tkic Prescrve'Co,s:,ercial Plans",by Development Concept Corporation, dated Nov. 11, 1974. Page 4, '6 4.,Gelco Corporation Request for Rezoning", by Gelco Corporation, dated June 6, 1978. 511A Development Proposal", by the Hartford Peal Estate Coinpany. MEMO TO: Mayor Penzel and Members of the City CQuncil FROM: Eugene A. Dietz, Director of Public Works A 1NROUGH: Carl Jullie, City Manager DATE: September 8, 1981 RE: Traffic Safety of Development District No. 1 Improvements aI have revier•:ed the traffic accident history in the Development District No. 1 and the proposed road improvr-r:,ents (eoruronly k.no•m as Schooner Blvd). It is my opinion that the Schooner Boulevard improvements will significantly improve traffic safety in tire area both for local traffic and thru motorists. d Presently, motorists in, or passing through the development area, must use d the complicated and overloaded intersections of 494/169/78th St./Valley Vice, Road. The result is a significant number of traffic accidents involving -:� property damage, personal injury and unfortunately a much too high fatality record. In other words, the existing system forces both local traffic and thru motorists thrc:rgh a much too complicated and congested road system. The proposed Schouner Boulevard will certainly not eliminate these statistics, but will greatly improve them. The primary advantage of the ir�provenients is that it will significantly { increase the number of opportunities for motorists to enter and leave the development area. This factor alone will decrease the congestion at major intersections and improve safety. Additionally, the road improvements i will alloy, a sogrogation of local and thru motorists which will allow a j smoother flow of traffic. This strategy for improving traffic flow and safety is not a new concept and has a proven record. The proposed improvements are of the same nature as the 494/694 route around the metropolitan area, but on a reduced scale. EAD:kh l . 1 cz�FY FLEDERS, INICORWIcZAILD septc,mbnr 14, 1981 Attention: Eden Prairie major Center Owners Dear Sir: As a prop(:rt.y owner in the Major Center Area of the City of Eden Prairie, Minnesota, you are undoubtedly familiar with the reconnandation of the Eden Prairie Development CondsHon for the adoption of a Development Di-strict and Tax Increment Financing Plan to provide a needed and critical stimulus to the major Center Area. I am taki"g this opportunity to encourage you to indicate or re-emphasize your support for this important and creative measure. An integral part of the Plan is the inAmsion of other sources of revonue in the form of special assessments and taxes authorized from im1novem-nts pursuant to Minnesota Statutes, Chapter 429 as wwnaud. in October of 1974, a number of property owners including FredQrs, Inc.,Iocate.d in the south west quadrant of the Major Center Area, appealed the City of Eden Prairie's adoption of sp 'vial ...sus:monts and the related asscssmpnt role pursuant to City Resolution Number 866 establishing assessment policies for the so-called Major Center Area Ring Read Project STR 72-9-26 and further adopting Resolution Number 903, a Resolution approving phase I, special assessments for Ring Road Project STR 72-9-26. 1,he basis of the prolarLy owner's opposition at that time was the fact that the cost of constructing and implementing the public impiuvements for the Major Center Area far exceeded the benefit or utility of the proposed project and also exceeded substantially the ston0ard costs for industrial streets in the City of Eden prairie. Fecders, Inc. and, I am sure, other property owners felt that they had no alternative but to resist this uneven tax burden. The present pl,in incorporated in the Development District Number I and Tax Increment Financing Plan which the City Council is consider- ing on Tu,':,Tq, SepU&wr 15, 1981, cqdmhwtes these inequities and piorvM,s a fair allocation of the costs of improving the Major C, ni( r 7,1 k, I. The J'I('1)os('d will )>(,' como,lrablc to any similar inaurt-rial street within the City of Eden Prairie. -2 aFr,,d„rs, Inc. has advised JAje City of its .intention to diemiss the. out:st;:nding swm(mt appeal of nctcbur, 1974 upon r:pproval of �. t1je Tar Jncrcmant Financing Plan and rebated public improvement and assossment, resolutions. I would stro;ugly encourage you to indicate your intentions in this regard to Mr. Carl Jule, City t;anaUcr, in order to assist the City Council and staff in moving J ahead with the Tax Incrainent Financing Plan and other steps necessary for the dcvelopmtrnt of this important project. Very truly yours, /) Maclay R. Hyde MRli:cl 1'.J edcn prairie ccn►cr September 14, 1981 IAn. CaitE JuNe, City Manager ` CITY OF EVEN PRAIRIE t950 Eden Prairti.e Road Eden Pnaini.e, MN 55344 Dean Calt: Since the opening o6 Eden Prtai,%ie Cente& in Martch, 1976, accessibit.ity to the. Centert has been a maJo7i concertn o6 both flomant Devetopment CO., and any o6 the prospective tenants that we have I encountc.yed. In reviewing a n(jmbert o6 %ea6eagch matertiats, there arte a numbert o6 var,iabtes that devetoperts use (then making theirt decision as to the poter.tiat tort a site to be devetoped .into a shopping ce)jter. Among those areas considered, the 6vttotuing is a List 06 Ju:St a hew: _.� 1) Economic base data as composition, growth (,tends, emptoyment sourtces, and community devctopment progrtams. 2) Access data inctuding existing arttcrtiat patterlts, new and p-Koposed arteriats, ` imprtovemcntb to exi.5tc.rlg arttcriats, and speci.at access conzidcrtations to the site. - 3) Poputatian data reg"'di.ng phojcetions 06 both dAstltAbttti0n and g'towth trends. 4) The site itset6. 5) Income data in .rtcgaads to avcrtage income 6ort the dc6ind trade areas. This train 06 thought can be cannied 6ur,thert and appticd to 1,0th the ci,nsun,crt that woutd be shopping the rentert and the peAspec- tivc mcac.hctnts that wor.£d be deir:g husAr.eSs in the acme'%. Among those vrr,iobfcs mcntinncd nhnvv, accc5eibifity weighs heay.ity in the decision making 1?r0ees4 used by both the censurnert and the p.aospective ^� merchant. - 'r G0 7 MINNt501A 55313 ,617f 9/F7650 1018 MEN PRAIRIE CINUR11DEN fRAIR4, f 1.{n. (aal Jrilie, PAGE - 2 - City "lltnncA C11Y ()( t i,i N ITAIRIE Septc.mbcA 14, 1981 lip to this point, my discussion has been limited to points o6 theoAy. 1(omart Development Co., has engaged itsel6 in many maAketilig Ae6caAch pAojects, one 06 tile most Accent o6 which Was an on-mall inteircc.pt suAvey done in MIVICh 06 this yeaA. One aspect o6 this suAvey, the penetAntinn index, is an evaluative lr,ens«re which can I,e used t0 aailge the c65ectivrnes4 o6 .the mall in drawing shoppets ] (households) tAom a geogAaphical area. The areas`whete the Centct 6e.11 below the rv(,'•4age penetAation index 6o)m4 all aAe Aunni.ng along the noAth, noAtheast and eastern boundaries o6 the Vinde aAea. This aAea is ePiti.cal to out CenteA because it has the population base the celiteA needs to &Aaw custome.as. The economic impact in te.tms 06 acce5sability would be everichclming ivhen considning the 6act that a laAge pUAtion 06 the pAoposed pAoject is concentrated in these areas. AnotheA area that can be discussed is the highway imptoveinents that have been accomplj.shed and in pattieulaA the opening o6 the { 169-212 south exj.t Aarnp 6Aom 1-494 westbound. Since the opening o6 J this Aamp in NovernbcA, 1979, tha66ic counts (cabs en;cAi.ng out lot) have ster.dily inrAease.d. Out tAr,6aic r-ounts 6oA the centeA in-."Leased at a Aate o6 7.6$ 6or the yeaA 1980, and the cumulative inenease bon the yeaA 1981 (through August) is 12.0%. i The ccnteA4 occupancy levels (numben o6 merchants less major department stoAes) have also increased during this peAiod o6 time. OuA occupancy levels 6Aom January, MO to out most Accent statements (July, 1981) have incAeased by 13.2%. In closing, the vile hey point that I have tried to bAing out is the impnAtance o6 acccssibi.lity to Cull centeA 6.tom both the standpoint 06 tile pACspectivc te.nr,nt and the. consumeA. In Relation to the pto- slrctive tenant, the higheA the degAee o6 acccs•5ibility to the centeA, the morc customeAs he will have, and in turn a hi.gheA ,ate o6 succ64 6uA his hn5j,less. Ill terms o6 the cn5tUmcA, the Aelative ease in cicttjn•y 40 a slirlp lig rrr.teA, the more likelihood there is 6vA that illd(vidual to Come, to UuA 'Shopping cc.l;teA. Since the majoA portion 06 the popui'atjon base that nun shopping centcA heeds to d•taw custvmc'! -J 6ACni lies in or js in close proximity to a laAge portion 06 the pAopas; -1 pr,Cjccts, in my vjew, the economic impact o6 seeing this ptojeet come to completion would be overwhelming. -d '1 •i E PAGE - 3 - City { CjIV Of LVLN PRAIRIE ' gep ,,mbca 74, 7981 The va.7iabtes that have been discussed above can a£so be avp£ied to any othca 604m 06 business enteapai.se, whethea it be retait, commehcia£ oa individua£. 7n conclijsion, I beet ,liat the City o6 Ede.n Paa.iaie and its popuPation wcuPd icafize d,tamutic bc.r.e6i.ts 6rcm the comp£cti.on o6 the paopose.d paojects. ldot oa£y wou£d they have a mane dive.ase and comp£c.,e shopping centea in which to shop, they wou£d a£so benc6it by being ab£e to attract new and vaaied business enteapaises in this area. Sinceae£y, NOMART DEVELOPMENT CO. Ron Wes£ey CenteR Ma"naiea Eden Paai.aie Centex RW/sm J f I I i .y� TRAN.r-v 710N ErdCr;; ,aJG AFCHIItC1URE BENNErl JR IN�R05E. WO:SI'ELD, JARVIS. GARDNER. INC 2"0 UNIVERSITY AVENUE SE M'INNEAPOEIS, MN 55414 PnONE 6173'916/6 September 14, 1981 1 i Mr. Gene Dietz City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Gene: I would like to confirm our discussions of the past week regarding the preparation of an Environmental Assessment Worksheet (EAW) for the Eden Prairie Ring Road project. After reviewing the scope of the project in its entirety, it was not apparent that the project fell into a T-nandatory category requiring the preparation of an EAW. S A contact was mdde with the Environmental Quality Board (EQB) and the EQB represen- tative concurred in our conclusion that the project did not fall into any category f requiring an EAW, other than possible wetland impacts which he was not qualified t to respond to. A contact was not made with the Department of Natural Resources in regards to the wetland impact question. It is unlikely that this project would be considered as an action which "will eliminate or significantly alter a wetland of Type 3, 4 or 5 of five or more acres." It is our opinion that the project will have minimal adverse impact on the quality ( of the environment. 1 Sincerely, t "ET I-R I NGROSE-WOLS FELD-JARV I S-GARDNER, INC. { GCS.•-•- Gary J�Crickson, P.E. GJE/dh it o•E r[rf( ^ DENVER v�u:vJK�6 7 'l i � City -2- I'Mi D. Autio,i ir.- City r to ex- ,itp a lease anreer..ent with_ Ph,,S:-;3 H— 1)i", J11,1_11 io", r,hkll will illo.v jr, to the City to be E. Award !�ids for softball bac;:stops, N101 I ON: 1,1 ey I[')v"d, seconded by th, to a 1,P i o v e i t ei:is A - E on the Consent Calendar. tOtiOfl carried U1,a11i1:K)USlY. IV. PLM IC HI-ARINGS A. Public !Y,!rii!,i fni- creation of r•ot Di,,trict No. I and rcorowic -Developiri(trit District, ind-'T,ix lnci,;-oiit i Plan (Resolution No, 21-190) City t-!.in„qcr Jullie stated copies of the plan had been forwarded to the Council on August 18, 1981, and on August 27, MI, were made available for public inspection. He said the City is to use tax increment financing in conjunction with other funding so;irces in cider to accowplish some touch nc'2ded and long sought road iriprov(.rents in and around the City's MAjor Center Area. Jullie cited the objectives (page 1-1 of the Plan, a copy of which is attached to these Minutes) which the City hopes to achieve through the Development Program. Jullie outlined the Development District on a i;;,jp and described the parcels included in the Tax Increment District. Jullic explained the capital cost of the ir,iprover,ents as outlined on page 4-4 of the Plan as well as how th,,se costs will be financed. He reviewed the traffic acci- dents which have occurred in this area in the past 61-, years, Jullie said that in addition to City Staff, Jim Reyer and Dick Graves from the D'Connur & Hannan law firm, the City's pond counsel, and Bill Fahey, the City's financial consultant, were present and v.,ould be happy to address any questions. City Attorney Pauly notf,d the documents contained in a brochure entitled, "Tax In- crement. Finance Hearing" (a copy of which is attached to these Minutes.) Included are r.oi,;oranda from: City fl;)rianer Jullie dated Septeriber 14, 1981; City Engineer Dietz, dated Sept[:inber 8, 3921, regarding traffic safety resulting from Development District luipt-ovi;;:.Pnts; City Engineer Dietz, dated Septe;;iber ID, 1981, in which he sets forth the conclusion that the areas included in the tax increvient district are OCCUJ)ied by t,uildilnqs, streets, utilities, and other iriprovcinents; City Engineer Dietz, Sclptc�!,t!et- 8, 1981, in which he outlines the sources for the estimates of the project, costs; Chief building lnsllector Sanders, dated Septemher 9, 1981, in which he reports the buildirios on the land included in the District are not structurally sub-, - stan,;jrd; City As,,(-s,,ur bIart?, dated July 7, 3981, in which he describes the reduc- tions in asse,,si,d valuations in th, shopping center due to sales levels; Planning Director Fnqc-r, dated July 7, IQRI, in which he outlines the history of the concept for- the ir;pi and expectations for the construction and implementation of the road system; Dii-o(tor of Public Safety Hai.kiriq, dited Septer;her 8, 1981, setting forth data relatiriq to accidents in the area. Also included in the brochure are: excerpts of the August 24, 19,81, Planning Coi,!nission minutes it which time the Plan was dis- cussed '11)(i found to conform to the general plan for the development of the municipal- ity; a Sc2ptt,::1wr 2, 1980, lett,2r to A.J. L(,e from W.M. Cr,!��rord in support of curtain of the corlte,,!platod irvrovcr:Cllts; a letter from G.L. McCoy on behalf of the Eden Prairie School Roard setting forth its Resolution in support of the Plan; a letter from Wi lli.sm F. I,-I•ov, ood Inc., vot-ifyiiiq the financial [,t0j('C- tiorv, runt-Iilir-(t in th(, 1'1,,n 1'% as ., tht, t(.-il,ilillity Of the NMI; R('S0lUti0F1 N fi 81-5-41'`';, of the licwnepin County Foai-d, adopted flay 12, 19M, requesting the City to prepare a plan for an fconumic Development District as soon as possible and to submit .3- such plan to the Cn�jnty Board of Cn;:-.-nic„ioners; a Ii-ttt-,r to the Edon Prairie School District, tjjteji 1-ptei:.t)er 11, 1921, a (oiroO.ion on page 4-8 of the Plan; 1 e L 1,f,rs dated Sr 3, 1 M I, to Mwa,!)c rs u f, the County Bo ri rd, AV I I School ri,)wo Ia or t panes f o r the Plan;D i s- ti-ict .1287, and S(Jiool District, 47? rny,ii�dilig I 1 rep lac of receipts of certified railings; Copies of Itgal notices published in the Fd(.,n Prairie City Clerk's affidavit of :,.ailing notices; letters of transmittal , dated August 18, IWII, to the County board, SO)OOl District ,,212, and Ao/TI School District #287, at which til!-t tll(? Plan %..,as ,tibinitted to these Boards; and an excerpt from the Auqu,,t 189 19819 City Council minutes at which time a Resolution calling for a PUhIiC Hearing for creation of Development. District No. I and Economic Devel- opw.(�nt District was set for Soptci;;:er 15, 1981, was passed. Pauly also called attention to a i^cj,iorariduin dated Septt!:nher 15, 1981, from the O'Connor A Hannan fil:1 presenting the Plan to the COU1161 for its consideration. Letters were also submitted by: Feeders, Incorporated, dated September 14, 1981; St. Andrew Lutht,ran Church, dated Septeiiiber 15, 1981; Hoinart [)evo,jopj9(-nt Co,, dated Septci;:t)(,l- 14, 1981; BRW to Mr. Gone Dietz, dated September 14, 1981, all of which concern the Plan, Also available was the brochure."Major Center Area - Public Planned Unit Development,` dated June 1973, Robert Boblett, 22 Greenway Gables, Minneapolis, a real estate broker specializing in industrial property, who is also an appraiser, counselor and property manager, addressed the Plan. Roblett stated he has been in real estate since 1946; was a mem- ber of the Minneapolis City Planning Commission for nine years, latterly as its Pres- idelit; served one year on the Metropolitan Planning Commission; and for a number of years served on the l,',jrjj,.eipolis City Charter Commission. He said he has seen Eden Prairie emerge fl.om a rural , pastoral, idyllic place of beauty to a bustling place of business. Eden Prairie is now probably one of the two or three outstanding pro- spective sites for industry as we now know it; industry in this metropolitan area is attractive and clean. Eden Prairie cor,,pptcs with Plymouth and Minnetonka for this industry. Boblett said he serves on a committee which advises 11innegasco on The Preserve; he served as a counselor to Minnegasco, and Associated Dry Goods (Powers) at the time the Nen Prairie Center was being established; his company sold the property now ov;ned by Hartford to the Pillsbury Company, the sale of which was not concluded because PillShUry opted to stay downtown; later his company sold the land to Hartford Insurance which he hopes will soon be of benefit to the City. Boblett said he does not claim to be an expert on Eden Prairie, but he does feel he has a degree of familiarity with the City. The fil-ill of O'Connor & Hannan had shown him the Plan and asked him to respond. Bc)hl(,tt noted th.:lt over the years he has found it interesting that the Nacqe1e pro- perty has failed to develop and he has been aware of the struggles of the Shopping Center. It has beco:;,e quite clear to him that the Shopping Center must really be made to succeed or the peripheral development will not occur, He cited the develop- ment of fast food, office buildings, clinics, and the like around Southdale, Brook- dale, and the other "Dales." He does not think Eden Prairie is experiencing that to the degree which should be expr,cted. That can he ascribed to troublesome egress and inciress. FOIeLt thinks the Plan certainly OL)(jllt to be of great relief to the bottIcii-ocking of access to the Center for one thing, city co,;,.� it Sep!cr,ber 15, 1981 hobl ±t f. ,1s tbA tLi, Piaui grill o,:!'n !I;c area up to 6-V0o;�nrfit. It will also rrako r>.i;tiIiq r?- ,+�l(l):.,vat price %en,,itive or ;.;,re v,rlw.ble in the r;art:et. It has got to r.•;wIt in a sub'.lantiai c,,nstnntion vtriucity -- wa%^s paid to pimple building building:, ',Iippliers of ralcrial, yr'a+:• rs of �Iruund, installers of pipe, etc. All of which, in his opinion, is going to d-uunt to appreciation of the value of the laud :,!rich the A<,,r.;.or will discover and levy taxes one and which will help the City cuff+:rs. Boblett eras as,kod to respond to three points. Will the Plan result in the preser- vetir.m and rn!.onroc�nt of the tax ba',e of Eden Prairie? He said it would, Will the Plan rc,ult in incrc s+'d un,i,luyn,r•nt in the City? He said there is such mobility in t- i;l,;y, r,t nr!w thr.t he didn't know if a curtain nu,.;txr of jobs could be ascribed to Ld:n Pr+:ir-ie, but it wnuld be to the City benefit. Will the Plan discourage cum;,uorre, industry, or r,ar:ufacturing frum riuving op:rations to `(mother State? Bob- lett stated that. anything that is good in terms of encouragement of job opportunities cannot. fail to achieve such an end. Sob 1rtt said, in his opinion, the Plan is an ecoriomic good for tire City of Eden Prairie; and, as a real estate economist he could see no reason not to give the Plan favorable consideration. P,edpath asked what specific dollar amount has been lost due to reduced or lost taxes from the Fdcn Prairie Center. Jullie said City Assessor itartz's memo noted approxic,ately $750,000, Bentley asked to have the historical background addressed for those who might not be totally familiar with what hat, occurred. Engor spoke to the question, noting the,Metropolitin Planning Commission had designated the 169/494/TH5 area as a con- stellation center in the 1960's. Subsequent to that date, Eden Prairie took that lead and in its 1964 Guide flan designated the area as a Major Center Area and recognized that ,ircess was poor. In that original concept a ring route was illustrated as a collector/distributor route. In the 1973 Major Center Area Task Force Report this concept was again refined and the need for a ring route was shown. The City attempted to put togother financing in terms of identifying the various County, State and Fed- eral agencies that would help with the improvements. The City felt it had coromit, rtnts from these groups and developers did rely on the City's plans and repre- sentations from the various governmental agencies that road improvements would be forthcur;ifig. Over tho course of time those cormitwents have faltered. The 1979 Guide Plan again reinforced the idea of the ring route as the only method of correctly dis- trihuting traffic around the cloverleaf intersection. With the Federal, State and County funding cutbacks the City finds itself having to take on much of this respon- sibility. Martin Diostler, 9905 Bluff Road, questioned the method used for assessing the Shop- ping Center. lie also asked wi;at the Plan would cost him in tax dollars. Penzel ex-- plain��d certain portions of thr, project were construed to be of community-wide bene- fit and therefore a general city-wide levy mould be made. He also explained the Henne- pin Cocnt.y A,'.rs>,or's Office is responsible for assessing the value of shopping centers in the County and this value is considered to be related to the total amount of busi- ness tl,me. Uiestic.r asked how lung it would be before the increased taxation on the properties would take effect. Penzel explained the tax increment financing concept. City Cr,uicil 15, 1981 P-(!; ,th ai,A,od „'.,it the value of the prof;orties within the tax increir.ent financing distri,_t is at this tir:e and wh,rt it might he in th., future. Fahey said the esti- d mated currrrit value is S5,863,000; the projectod vaLre of the property with just the projects and rl;ay now would be estimated at ?16,,'.54,00O or an increase in value of $21 million. E.J. Hopkins, l?316 Oxbow Drive, asl�ed if the population estimate of 60,000 was an accurate projection. Penze.l stated that estimates have varied widely in the past ten years but the estimate falls sourwhere bctwoen 40,000 and 60,000, Hopkins asked if the Flan includes improving TH 169. Jullie explained that MnDOT has in- cluded upgrL,ding of the bridge over 1494 in its construction program, which will be a r!ajor im;,rovcrent. Sidney Pauly, 17450 i..est 78th Street, expressed concern regarding the motives behind the Cooley letter. She noted the letter must have been an expensive proposition. It is her understanding Cooley has interest in cor,„nercial property about three miles north of the F'.ajor Center Area in Minnetonka. Although she believes he is philo- sophically opposed to tax increment districts, hie applied for tax increment financing for his property. She feels it is in the best interests of Eden Prairie to proceed with the Plan. Ed Rollin, 15415 Morraine Way, asked what trro mills means in terms of tax dollars, Finance Director Frane said a mill is equal to $23. Paul Sylvander, 16451 Hilltop Road, asked for reassurance these figures will not be skyrocketing, Penzel said the fact the properties on which the tax increments will be captured are now in existence Means the costs of the project, except for the two mill levy, are covered. There is not a question as to whether these things will materialize or not. One has to assume there will be substantial growth through- out the City; consequently the tax base of the City will grow and the need for City participation will diminish. Bradley Hoyt, 69E5 Jeremy Court, further explained how commercial properties are taxed. As a covimcrcial developer, he expressed the need for the projects proposed in the Plan. Dice access into the area is achieved, development will. occur and the tax base will be further broadened. fie feels it is not an increase in taxes, but rather sorething which must he done. It is his opinion that the Plan would be detrimental frour Mr. Cooley's standpoint in that Cooley owns or controls a sizeable amount of land -- the closest area into the Loop that presently has fluid ingress and egress. William Cooley, 2202 Fleeting Street, Minnetonka, introduced himself as the person who sent the letter to Eden Prairie residents (a copy of which is attached.) He expressed concern as a Hennepin County and State of ilinnesota taxpayer that tax monies will be used to build roads in the development area. He would prefer to see the cost assessed against the benefited property owners. He stated he does own 100 acress of land north of this project, and he did apply for tax increment financing for $146,000 to do some subsurface road grading. He also said he will soon or:n a substantial ar;ovnt of property in Bloomington -- the Mctropolitan Sta- dium site. He reviewed his involvement in the law suit which he filed against the City in December 1930. y A I C i I N r,u'e- .6- Scptemtxr 15, 1981 City F.'t-,rroy Pauly clarified points rodo by Cnolry regarding the law suit. The Iiti;at.ion that !-'r. Cooley spore of (,arlior, th it he cv;..co need in Drcem- ber, r-res teriainaied as a result of the City's concItAling dwring the course of the trial that it would be prudent to do so h,�c,:u.e of conci�rns expr(,sed by mt-;.`.,,:mrs of the Legislature. The City then r»w-d to di,.niiss the complaint for i ,otness since no issue remainod after termination of the Plan. The Court issued an order rendering jwlwi ent for bir, Cooley. Ho,.:over, it did not specify the nature of judg;;r.!nt, The City and HRA mode a ruction fur clarification con- tending that it is inappropriate to render a judyment when the matter had not been tried on its elerits, The trial terminated at a point where Mr. Cooley's first witness, an urployce of the City, who was called for cross-examination, under the rule';, tans still testifying. The Judge acknowledged in his order that the trial had not been Concluded, The Court clarified its judgment and awarded $1 nominal damanes to i•ir. Cooley and his Court costs, Thb City and HRA have riled an appeal to the Supreme Court because, although we do not con- cede the point, we anticipate an argument may be made that the judgment has some bearing on a future plan, Jim Rylander, 9601 Crestwood Terrace, recently moved to the area and would not have done so had he realized the extent of development which is planned. Bob Cole, 7160 Park View Lane, asked what happens if revenues do not cover the cost of bonds. Frane explained that buildings are already in existence in the district and taxes will continue to be paid on them; revenues are not based on just buildings to be built. Edward Pierre, 9275 Cedar Forest Road, asked if there were "hidden" costs in- cluded to cover the cost of services such as police and fire protection. Jullie said there is an existing valuation in all of the parcels which will not be cap- tured -- that is about $5,861,000. That will generate over $500,000 per year in taxes which will be spread in the normal way so these properties will be paying for services. Pierre felt this was a poorly attended public hearing and that the public address system was not adequate. Diestler asked if the $ 6 per year (2 mill) levy was based on the number of people in Eden Prairie now or in the future. Penzel said it was based on the present value and present mill rate. Tim Pierce, 16669 Honeysuckle Lanr_, spoke to the issue of fiscal disparities and the fact that MOSS of our new tax dollars leave the City coffers, Penzel asked if taxes within the District are subject to fiscal disparities. Fahey said they are. Redpath noted Conley had attempted to have the tax increment financing law changed by the 1981 legislature and was not successful; therefore,the Legislature was in- dicating to cities that this was a viable financing method and of mutual benefit. City U,;I t',ini;tes -7- September 15, 1921 Rul,:nd Peterson, 9`07 Crerk,,.;",ud Drive, expressed concern about the water problein residents faced this past sur.c:er and wondered how nf',a duvelupr,•,nt would effect this. Penzel explained the situation did not last very long and will be eased greatly when new wells, now under construction, and expansion of tht water plant are completed in 1982. Duane Cable, Cedar Forest, has lived in Eden Prairie for three years and has not seen the growth which he had anticipated. He feels residents should take a look at the small levy amount which will be assessed versus the convenience which will be provided by additional CON4fiercial and service establish;^ents. Bob Hanson, 6923 Rosemary Road, a 13 year resident, comet,nded the Council for coming up with a Plan r;hich will provide the community with a sound distribution system. Rochelle Diers, 11650 Riverview Road, asked how the area in the Plan was determined, if it was based on the tax revenues to be ceptured. Frane said that was basically correct -- as few parcels as could be found to get the job done as soon as possible. Jan Gerecke, 6622 Golden Ridge Drive, asked if there was any way that this could be put to a referendum. Royer said a referendum is not required. Pauly said as a prac- tical matter, due to timing requirements, a referendum is not feasible. Vicki Koenig, 7239 Topview Road, asked if these roads will be sufficient to handle the additional traffic. Jullie said they should be adequate. Vim Weinzapfel, 6975 Tartan Curve. questioned whether this is an economic development plan or a safety development plan. Reyer responded the intent of Chapter 472A is to foster economic development in certain areas. One of the elements of economic devel- opment and successful cominercial development is safe ingress and egress from cownier- cial areas; there is a direct connection between safe streets, access and egress,and commercial development. Penzel explained the benefits will accrue to the whole dis- trict and will promote economic development. Weinzapfel wondered if this is really feasible with today's economic situation. He feels the Plan is needed. Lorraine Conrad, 9D-81 Sunrise Circle, asked why it is necessary to have all of Eden Prairie developed. She lives here because it is a rural community. Frank Pfau, 94DO Garrison Way, believes "drawing card" stores are needed at the Eden Prairie Shopping Center. Clarence Schafer, 6618 Golden Ridge Drive, wondered whether or not the Shopping Center developers thought of the road system before they built. Penzel explained promises or conrnitments had been made by the State and Federal government, but these have been defaulted on so it now becomes our responsibility. z 2t.� Ci ty Ce.r:c i 1 ;;i, 8- Sept:moor 15, 1931 MOTION: Tangen rvvrd, secondrd by Redl,,ith, to close the Public clearing and to cunrtife"e R" ulution No. 81-190 to the Special Council i'ceting to be held on Tuesday, Sri„r, rr 22, 1981. The record will re;aain open for swbi;iission of written material up to that tine for review by the Council. Pierre a,,ked where the merting would be held. Penzel said it will be held in the Council Char,;bers. Hakon Torjesen, 6605 Rowland Road, expressed a desire to have the Public Hcaring kept open and urged thr Council n r.hers to vote against the u,otion. Sidney Pauly noted the public can still attend Tueday's meetrng, Ed Rajek, 6258 Harborough Court, urged the Council to vote no on the motion because all the residents have not been hrard. fie said the only formal hearing notice he had received was for the Special Assessment Hearing to be held on September 22, 1981. Penzel explained the procedure for notifying residents for city-wide benefit projects via the Eden Prairie News. VOTE ON MOTION: Motion carried unanimously. B. OVFRL00K PLACE by Hustad Development Corporation. Request to preliminary plat 30 duplex lots and 9 single fa;nily lots. Located north of Pioneer Trail and East of Yorkshire Point. (Rcrsolution No, 81-175) Continued from 9/1/81 Wally Hustad and Dick Putnam were present. Putnam spoke to the changes made in the plan, since the September 1, 1981, meeting. A change in the location of the tot- lot has been made; the nine lots on Creek Knoll will be developed as single family lots. Bentley asked if the samo numher of units as previously proposed are included in this request. Putnam said yes. Bentley asked if the lot sizes are according to Ordinance. Enger replied they are. Hustad said the reason the lots on Creek Knoll Road are now developable is because the road will hecome a cul-de-sac;whereas it is now quite heavily travelled because of the access it provides to TH 169. Tangen asked if the totlot is now adequate to serve the neighborhood and if there is sufficient access, Director of Cor,munity Services Lambert said he felt the lo- cation was better now. Also a 6' asphalt walkway will be constructed so everyone should know the way to the totlot. Tangen asked who would maintain the park and totlot. Lambert said the City would assume that responsibility, i Nov,.i•_t.,:r 16, 1()f12 'J'JF. OF VI! ;iSOTA 7 I,Vl I I i�A I R I E C(;(,...i Of IN.NNI-PIN The foll()winj, accounts were audited and allowed as follows: 4568 MINNESOTA UC FUND Payroll 24. 4569 HOPKINS POSTMASTER Postage-Election 7 2 0. 4570 110pI,l;,S POSTMASTER Postage-Senior Citi7ens 28. 4571 PRAIRIE VILLAGE !•'Ai L ASSOC. November rent-L/S Prairie Village Mall 2,016. 4572 MIN!;l 11JTA OF P/S Motor vehicle registration 15. 4573 f I DEPAL RESERVE BANK Payroll 15,320.;. 4574 OF REVENUE Payroll 7,004.l, 4575 DEPARTMENT OF LI-1PLOYEE RELATIONS Payroll 28,929. 4576 Mlf,,NLSOTA STATE RETIREMENT ASSN. Payroll 40. 4577 AETNA LIFE INSURANCE Payroll 101.(", 4578 GREAT WEST LIFE ASSURANCE CO. Payroll 2,420.(:' 4579 UNITED WAY OF MINNEAPOLIS Payroll 7 2.5:' 4580 P E R A Payroll 12,281. 4581 SUPPLEE'S 7 HI ENTERPRISES, INC. November rent-L/S Preserve 3,197. 41582 STRUCTURAL WOOD CORP. Decking-Round Lake Park 100.E. 4583 M R P A Conference-Com,;iunity Services 77.10, 4584 PINES MOTEL Expenses-Police Dept. 5 9. 4585 DANA GIBBS Packet delivery 65. 4586 CAPITOL CITY DISTRIBUTING Wine 661. 4� PRIOR WINE CO. Wine 359.1 4S,� MINNI-SOTA DISTILLERS, INC. Liquor 4589 3FILROY ((vP0RAllON Liquor 1,595. 4S90 INTERCONTINENTAL PACKAGING CO. Wine 1 629.:' 4591 TWIN CITY WINE Wine 855.� 4592 ED, Pill 11.IPS & SONS CO. Liquor 3,639. 4593 J()f!',,SON ER01HERS WHOl I SALE LIQUOR Liquor 2,988. 4594 [AGEl. WINE CO. Wine 1'781.!.' 4595 GRIGGS, COOPER & CO., INC. Liquor 2,09�.,. 4596 WINE CO. Wine 2,388. 4597 OLD PEORIA CGt'PANY, INC. Wine 4,407.: 4598 BLUE c;,,L)SS INSURANCE Insurance 511., 4599 MEIDCINIER HEALTH PLAN Insurance 2,549.(. 4600 HMO SIRVICIS Insurance 524. 1 4601 i'jjySl C I'1,'S liFfk[Jii PLAN Insurance 7,750- . 4602 GROUP ilf ALTH PLAN Insurance 1'560, 4603 tqFS1 1: t I I E INSURANCE Insurance 211. 4604 AMOCO OIL CVPANY Fuel 9,314..- 4005 rXUN NURSERY LIMITED Trees-Forestry Dept. 3,87 9. : 4606 ANIPRFA liPOSCH Racquetball instructor 36.(, 4607 wLj)iY i�ui 'S-CARLSON Skating instructor 423. 4003 NATI,',:J!kl 'Rf GISIRY Of E M!RGE NCY Fee-Police Dept. 30. 4609 ST, I!"',NCIS HOSPITAL Conference-Police Dept. 3 F)- 4610 1;!f R t-;io;1 S41;16, 1 NC- Beer 5,332-: , CTI I I 1 10! ( I fy H"11'I i,'[111"!G Co. Beer 12,404. CITY it 1P) Of S I i1 iiU i I NIG CO. Beer 3b7.. 4b13 COCA (Ot.A' BoTTI ING MIDWLST Mixes 4614 OA Y P 1 1 i�I!'U I I N G CO. Beer 7,2b6.'� 41. 4615 1 AS I f�!V1 RAGE- CO- Beer 4t,1 6 COLD M' Prkl 1i1 VI RAGE CO- Mixes 225.1' 4617 K1160i CO- Beer tWo -.her 16, 1982 18 A.J. OGLE CO., INC. Beer 982., 4(19 PEPSI COIA/7 UP BOTTLING CO. Mixes 480.u; 4�. 0 Tl100E DIS1kISUIING CO. Beer 5,901.E 4621 ARKAY CONSTRUCTION CO. Service-P/S & P/W Building 530,1 85:>' 4622 I>?.ItchI:OSSA & SONS, INC. Service-City best Parkway 198,387.1:° 4E.23 BAR�IPOSSA & SUNS, INC. Service-Water Treatment Plant 11000.o, . 4E,24 BU[.SING L•kOTHERS 1RUCKING, INC. Service-I-494 Bypass at Prairie Center Drive 110,563.;' 4525 CENi'A[ LA`;USCAPING, INC. Service-hest 69th Street & Washington Ave. 2,112.11 4626 S.11. 11ENTGES & SONS Service-West 76th Street I 5,429.�'`., 4627 RICHARD KNUISON, INC. Service-Valley View Road, Prairie Center 319,000.27 Drive & Topview Road 4628 NORTHDALE CONSTRUCTION CO. Service-Westwood Industrial Park 91,657.C^ 4629 NORTHDALE CONSTRUCTION CO. Service-Prairie Center Drive S.W. & W. 78th 111,267.!i; Street 4630 0 & P CONTRACTING, INC. Service-Utilities & Street Improvement: 10,543.6c. Mitchell Lake Estates 2nd Addition 4631 0 & P CONTRACTING INC. Service-Kilmer Ave. & Atherton Way 10,98mr 4632 PI[;0CCHIO CHAPTER Expenses-Rec Dept. III.0(: 4633 JANELLE ANDLRSON Election judge 75.0 4634 RITA L. ANDERSON Election judge 74.00 4635 PRISCILLA A. BAILEY Election judge 75.eC 4636 JUDITH E. BAKER Election judge 74.00 46?' JOAN S. BARTH Election judge 70.00 46 HELEN DERGREN Election judge 76.CC 463v ADFIINA M. ERAMWELL Eldction judge 74.00 4640 JEA'NE bPA NDT Election judge 76.00 4641 JOY GREKKE Election judge 76.Of! 4642 CHERYL M. BRIDGE Election judge 75.00, 4643 RCELRTA BkONSON Election judge 75.00 4644 CAROL RURNETT Election judge 78.Gl: 4545 [":WN RUSCH Election judge 70,0',: 4646 MARGARET M. BYE Election judge 75.0(- 4647 GRACE B. CAkIIODY Election judge 74.0G 4648 MILDRED H. CLARK Election judge 84.5C 4649 DOROTHY DOUGHTY Election judge 76.0r' 4650 LOUISE J. DOUGHTY Election judge 72.0: 4651 LYNN FLAVIN Election judge 71.0': 4652 PERRY (DRSIER Election judge-Counting Center 44.0,, 4E-53 THEI.MA FRICKE Election judge 72.00 4654 BLITY L. IRITZ Election judge 72.00 4655 VIRG[NIA K. GARTNER Election judge 72.0t; 4656 JINNY GIBSON Election judge 79.5t 4657 AURREY GIIPiRTSON Election judge 70.0t 4668 CHERYL GLISCZINSKI Election judge 87.5:; 4G59 MIKE GOCRiEL Election judge-Counting Center 44.0C 4660 SUSAN G01.RI1_L Election judge 76.(';�i 4661 ^LAUYS Election Judge 75.f�: 4(.i" CPi!tYl HARSFN Election judge 71.4'. 4( 1;1[tN HAUPT Election judge 75.P:` 4(".1 C"P01. HI:GGE Election judge 78.Ot�, 4(.5 5ARi!APA HIGGINS - Election judge 71.GO 4f(,6 F0:N1CF M. HOLASEK Election judge 72.0?! 46h1 AIIINE HOOKOM Election judge 1 75.0(r Pace three t,er 16, IIJ82 f 4;68 BILL JELLISON Election judge 72.0�- 4'69 SHIRLEY JELLISON Election judge 74.0. 4,,)0 LINOA JIR;,N Election judge 74.Uc 4671 8i;f:iiAl?A JSHNSON Election judge 72.ix 4672 DO:;IS OOi NSON Election judge 83•',� 4673 MYRTLE JOi;';SON Election judge 71.0( 4514 VIOLA M. JU':';SON Election judge 70.Oe 4h)5 SUE A. KFLLER Election judge 74.0c 4676 DELORES KLLIN Election judge 75.Ot: 4571 SUZAL'NE K. LANF Election judge 79••> 4518 LORRAINE LARSON Election judge 74•t) ` 4519 GLORIA A. LAYER Election judge 74.Of 4C80 ELANOR LEVINE Election judge 76.0(i 4�61 GEORGE-ANN LILLIE Election judge 75.0, 4682 MARILYN I. LUNDEEN Election judge 72.0„ 4683 ANN H. MAYS Election judge 74.0:'' 4684 JUDY MILLER Election judge 71.0C,' 4685 RUTH MITAL Election judge 75.W, 4666 CHLRYL MEISS Election judge 72.UG 4687 10ARION L. NESBITT Election judge 77.Oi 46S8 SHARON NOLTE Election judge 76.00 AE89 BERNADiTTE PLOUMEN Election judge 84.5C 46' AURFLIA A. RASiNSKI Election judge 72.0(' 4t, L E 0 PASINSKI Election judge-Counting Center 52.0W 4F92 H1L0E RASMUSSEN Election judge 76.n' 4693 RLIFF Election judge 74.00 4;94 F:'ELYN H. ROGERS Election judge 72.DO 4E95 SA'r,)RA J. SCHORR Election judge 71.OG 4f�96 MILLIL SCHULTZ Election judge 77.O'. 4597 ID'r141_ 1H61,11,9S Election judge 74.00 4098 MAVONNE TREPTOW Election judge 76.Of, 4699 M,ARY UPTON Election judge 70.O�i 4700 BARiARA VAN!)!RPLOEG Election judge 83.50 4701 EDN., WALKER Election judge 85.5f: 4702 TIMOTHY WARNF.R Election service 36.0C 4703 DARLENE WE6NER Election judge 76.0(' 4704 EILIE:N B. WLSSELS Election judge 72.0t' 4705 Ar7N WII SON Election judge 72.0, 4706 MARIE WITW'1[LERG Election judge 72.0(• 4707 1•1ARGIE WOODHOUSE Election judge 81.`)(` 4708 JO ANN 'WdRDNSKI Election judge 74.0, 4709 GREITA B. i11'1',ERGE Election judge 70.W 4)10 A & H 141LD11111 & F1FG. CO. Steel plates-Round Lake Park 16.0! 4711 ACRO-LIINNFSOTA, INC. Office supplies, Council chairs 2,287.:' 4712 ACRONIC WICING, INC. Instructor-Exercise class 490•u; 4713 A'1E RIC.'iN I IN!N SUPPLY CO. Service 8.6 4714 RI CAN N',IIP".!U BANE; & 1RUST Service 50.'` A!::kiC.,".'I i Ii;�Oki, ','..;,I: & I I1US1 Flond P,iymmnt 199,280.0 N. 4, A.`LfkICAN I'U'li 1C WOkKS ASSOC. Books-E.nyinceri rig Dept. 38.3 4717 MARL 1. A%m RSI.N & ASSOC. Street signs 75.50 4718 ASPI.N CARPI CLEANING Service-Sewer backup 1,303.?1 4719 AS`,(!CU;IEU ASPHALT, INC. Blacktop 336.0; 4720 RAIILY NUR;LRIES, INC. Trecs-Forestry Dept. 643.i!: I'j four 16, 1982 r 4121 LINDA LAST Refund-Pre-natal class' 20.v' 4772 P,!.ACK & MATCH Service-Water Treati,;cut Plant 6,157.::; 4;23 CITY OF Bi.O(1;tIt,STON Septen;ber service 425.t; 4724 BLUE SKY ',�ANK.LI ING, I!1CORP. Book-Plonning Dept. 4125 A10,EW BODE Refund-Cyrunastics 17•r' 4126 BOYER IOkD TRUCKS Equipment repair & parts 80.11 4727 80t1`;TEAD ELECTRIC R MU G., CO. Motor-Water Dept. 202.2. 4718 EAU!. J. E5='OWN Football official 275.1 4729 Bi;;;UJ LNGIi11R ING TESIING, INC. Service-Forest Hills ti.nnis courts, Frontage 10,258.G Road & Ili S. City West, Prairie Center Drive, Mitchell Lake Estates 4730 BRY'AN ROCK PRODUCTS, INC. Rock 4,116.6: 4731 BIJkTON I:QUIFMENF, INC. Chain hoist-Water Dept. 274.(' 4732 BUICL!'S GAR SUPPLY Supplies-Liquor Stores 179.2' 4733 SFEPHLN CALHOON Mileage 40.;. 4734 CARDOX CORPORATION Chemicals-Water Dept. 500.; 4735 CAROLYN CASSOLA Instructor-Guitar 638•i'` 4736 CHANHASSEN GU1;E'ER TO BUMPER Equipment parts 927. 4737 AL.LAN CLARK Football official 176.ir 4733 CLUTCH & U-JOINT SURNSVIIA E, INC. Equipii,ent parts 156.?` 4739 COMMISSIONER OF TRANSPORTATION Supplies 49.1: 4740 CONIINI_NFAL BANK Bond payment 56,700.( 4741 CONTINFN'AI BANK Service 201.4 47 COPY LQUI-I'1II NT INC. Blueline, vellum-Engineering Dept 180.7[' 47­ COUNTRY CLUB 1.ARK,ET, INC. Supplies-City Hall 48.3' 47,14 RACHFI. CRONIN Refund-Gyp=nastics 17 4745 CUTLER-1',GNER COMPANY Quickl iire'dater Dept. 3,486.0" 4746 DALCO Cleaning supplies-Water Dept. 54./-, . 4747 DORHOLT PRINTING Ballots printed-Election 69.0' 47.118 STFVE DUPH'PA{ Mileage 56.01 4749 EULN PRAIRIE NFWS Subscription-Manager 11.0: 4750 FUf.N PRAIRlL SCHOOL DISTRICT Fuel, October custodial service 3,049.117 4751 f_DLN PRAIRIE TRASHIRONICS October service 240.c'" 4752 CITY OF EDINA Tests 117.0` 4753 F'_VIN SAFLTY SUPPLY, INC. Equipment-Street Maintenance 72•`'' 4754 EmWIRE-CROtdN/AUTO, INC. Equipment parts 20.G" 4755 JFSSICA FRICK.SON Refund-Gymnastics 4 7&6 17B It;'CO!ii'ORAIFD Service-Sludge removal 1,718.1, 4757 FARMERS S1ELL CO. Strap metal-{'ark Dept. 23.1 4758 EARL J. FINLAYSON Expenses 9.4' 4759 FINLEY BROS. ENTERPRISES Service-Retainer wall-Duck Lake Trail 11090.( 4760 FLYING CLOUD OIL CO. Fuel !11 4761 FI.YING CLOUD SANITARY LANDFIIL Sludge removal 33,157.1 4762 J A N ILY'NN Mileage 42.G: ' 4763 LORD TANK & PAINTING CO., INC. Service-Water Dept. 1,250.('' 4764 G & K SFRVICFS Service 66.:' 47F5 GI !N LAKE !'",KI RY, INC. Cookies-Election 23•' Ci{:I';r ('01[)Py RG Refund-Pre-n,rtal class 20.1 N G01111 Instructor-Calligraphy 120.E, FIICTRIC CO'11'ANY, INC. Fuses-Coy,:c.unity Center 1•(' r.1t;9 il:�t�'CE. DISIRIBU11NG, INC.- Equipiiient parts-Park Maintenance 11.0" 'i770 CHUCK I1.,RDY Volleyball official 44.0 477l KAI:!N 114R IS InStrUCtor-exercise class 425.G_ V Pa e f i Ve ,,her 16, ITR2 4772 HAYDCN l,Urkl'hV LQUI11r11:NT CO. Sanders, Snow plo,js-Street Maintenance 13,4o4.r, 4773 hi t;i;!PItV (.Ol1NTY DIPLCIOR Right of i;ay-Valley Vicvr Road 4,444.: 4774 I?F!"""PIN C6'�'NIY DI1:ECiOR Right of ,ray-High�:;ay 169 99,354.E 4'i15 ill.l�';LPIN C%bijy 1!t:-ASURLR Equil,in�,nt rental-Forestry Da 17 pt. 2,3 .t, 4776 Ill ft.";Ei1ij CoulifY TREASURER Oxygen-Street Xaint.cnance l7.'ir 4777 JOY IILRRINGION Mileage 8.17 4778 HI-FI SOUND ELECTRONICS Fqui,nment repair-Community Services 13.L'. 4779 SUE III I Gi RS Mileage 41r;0 t.P,°;Cl' H01.l.;lq Refund.S,•;ii:,ming cldss II.C�1 4731 VICHA[:I. 11;iii,QUIST Hockey official 9G.U' 4782 HOPKINS !iOCdiE SAL FS, INC. Equipment parts 86.4 4783 HOPKINS PARfS CO. Equipment parts 654.21 4734 INGRAM EXCAVATING Service-Prairie East Biketrail & Duck Lake 13,386.�'' Trail 71 4785 INTLROLSICN INC. Service-P/S & P/W Building 2,419.— 4786 LAURA ISENSFE Refund-P.ec Dept. 3.6r' 4787 KFI LY JOiiNSON Refund-Swinuning class 6.00 4188 CARL J. JULLIE Expenses 18.Ot 4789 JUSTUS IUXBFR CO. Lumber-Park Dept. 73.9` 4790 PAULINE K,^CHER Instructor-Dance 80.0 4791 KARULF HARCWARE INC. Serems, concrete, window cleaner, lamps, putty, 667.c-C light bulbs, nails, hauomer, keys, paint, paint brushes, bolts, chain, locks, torch kit, plastic, glue, hose reel, level, drills, batteries, 47 KOKESH ATHLETIC & GOLF SUPPLY Equipment-Pee Dept. 324.91 4793 KRALFIERS LuME CENTER Ladder, Water Dept parts 202.3; 4794 LANG, PAULY & GREGi_RSON, LTD. Legal service 1,568..1 4795 LANG, PAULY & uI.GEPSON, LTD. Legal service 6,220. 4196 LAKFLAND ENGINLLRING LQUIPi°SENT Valve-Water Dept. 339. i r ': 4797 NATIONAL REGISTRY OF EMERGENCY Fee-Fire Dept. 120.0: 4198 BOB I-AlI'sERT Expenses 19.2: 4799 LAIUROP PAINT SUPPLY CO. Paint-Park Dept. 19. 4c00 LFEF BP.OTHLRS INC. Service 61.0i 4SO1 LAURA LFE IFNTN I:R Refund-Swimming class l0. 4302 LINHOII' COLOR PHOTO LABORATORY Service-Planning Dept. .Oc- 4803 LONG IAKE IOPD 1RACTOR Equipment parts 74.D 4334 TFUDY I.OU;FN Refund-Gyr.nastics 141. 4805 NICO[E I•',AkIFl_L Refund-Swiec,Jng class 7•`�' 4S;06 MCI;AY I';(1RSLRY CO',PANY Trees-Forestry Dept. 794.0` 4S07 P1LtI:0 FONE CCh;S'UPiiCA410NS INC Noverber service 845. 4RL'3 M:TRO PRiNfING INC. Election reaps f 480g IiLTPOP0LIT",N M!i AI'!A M NAGfNT Expenses 8.O( 7,936.4' 4810 h1P?t.'lSf ASPIIALT CORPOKATiON Blacktop 4311 MIt;'r;'S0IA CASH R[GI"III R CO. Final payment for cash register-L/S PVM 2,471.' 4812 MIN!d!50TA (",S CUP'PANY Service 216.,' 4813 PLIGNLSOIA RICRLAiION & PARK Conference-Community Services 77.0.• 4 ,14 t•Ii N!;I`.IOTA I�?Cff?A 10N F, PARK Foe-Basketball 116. 15 M!h';".,(�lA '�;!(G!Ai lON & P.�.R1; ree-Vol lcyball 157.(` FI�;N!`,OfA i'AI I L1' (J1101 I SA L Trt tos-Forestry Pept. 4,, i1(tUi i?N i1RE: CO. Tires, Fquip;:wnt parts 2,020.: 4:;18 WiNi. MU!-ILLK & SONS INC. Sand 519.01 4 1g MY C!IFI SE SHOP Sandwiches-FI ection 365.R: 4�.^0 NORTHL N Alli0l'i)IiVF CO. Equip.ent repair & parts 274. % ^'1 tr0(tlHlitN S1A11S POWIR CO. Service 8,492." P: six er 16, 1982 4?22 N01RT1'17ESFFRN BFIA. TELEPHONE Service 3,623.:>: 4I; 3 VOID OUT CHFCI, ,; 4 11R',' i;ATIOAAI. BANK Bond Pay ont 5,126,555.' Oft%> OCIIS FRICK F FILL CO Cement-Round Lake Park 17.,'. 4fiY6 OLIN WA1LR SERVICES Chemicals-Wdtcr Dept. 2,740.1k 4t,',7 STEVE OLSFAD Mileage 17.(� 3 CHRIS PALi;/JA//!RCISF, INC. Instructor-Exercise class 3,286.' 9 t•11KE PAUL FI_ICrNIC INC. Equipi;,ent repair & parts, Security lighting- 4,03G.,' Water Dept. 4R3O SUSAN PEARSON Refund-Iitness class 25.0;: 4831 PEPSI COI..A BOTTLING CO. Pop-Coiimnunity Center 23.i 4232 PER31X, !iAPVEY & 1'11ORF1N;NSON Legal service 86.C�-- 4,33 CBNIF L. PETLRS Mileage 13.0. 4834 P0M FR MFG. CO. INC. Trophies-Rec Dept. 110.tt: 4835 PRAIRIE CONSTRUCTION CDBG Grant 6,251.,,,; 4235 PRAIRIE LAWN F CARDEN Equipment parts 83.1{ 4837 PRAIRIE OFFICE PRODUCTS, INC. Office supplies 1D.5:. 48 3 PRAIRIE OFFSET PRINTING, INC Printing-Community Center 41.1.` 4839 PRFCISIGN BUSP'FSS SYSFiP15, INC. Cassette tapes 29.5 484D PRIOR LAKE A.GGIii:GATES, INC. Sand 125.1. tuI1 GEORGE PUI lit Sports official 198.C!c �' R & R SPI.CIALIIES INC. Equipment repai-s, ice skates sharpen T 139.(' 48, RAPID COPY, INCOkPORATED Election supplies 15.F:` 42 JOI',N RE:CVE Sewer backup 1,195.G' 48+') CITY OF RICHFIELD Service-Cable TV 740.(+� 4845 R C M Service-t:'estwood Industrial Park, Arbon Glen, 35,442.`_-' Easement Single Tree Lane, Prairie Center Drive, West 70Lh Street, Valley View Road 4E47 CINDY POSLNOW Refund-Racquetball 24.C' 4£'S RUCK1 Ii;UCKING CO. Sludge removal 12,092.; 4E49 ST. RFGIS PAVER (O1,,PANY Lumber-Park Dept. 101.". 4E50 SAILOR NEWSPAPLRS, INC. Ads-Liquor Stores 105.i 4851 WAYNE R. SANDI.RS Expenses 12.-' 48 2 SATELLITE INDIIS1RIES INC. Portable restrooms 133.C,. 4S53 SCHERFR BROS. LU'9BIR CO. Lumber-Found Lake Park 199.4�,. 4S54 RICHARD SC!!1;iR;/iIEIL WIBE:R Service-Round Lake Park 120." 4,:55 SEARS, Rii' ,1i Y. & CO. heater, Calculator, shocks 89.`.-% 4E:;.6 SIEVE R. SINFLL Expenses 17., 4G57 W GOitF)ON SMITH CO. Fuel, Oil, Equipment parts 8,437.' . 4F;3 SON OF A PRIMER Printing-Rec Dept. 7.4 4359 SOU111',1EST SUf;URBP;N PUBLISHING Employment ad-Community Center 14.7, 4S5D SOUTH,Ji.ST SUG'l!RE"N' PEBLISHING Legal ads, Liquor Store ads 420.7- 4;';1 SUB !i;!;f�N CHIVI 0111 CO. Equip;%nt repair & parts 552.4— 4 52 SUPPLLE FNTFRPRISLS, INC. Supplies 19.+.1 4R63 1.0141 LL i!iONE Expenses 10.( 4P 4 CARPIF. TIIT7. Service-Park & Rec Commission meeting 42J (�`;1V'LJ•:�17Y L'E SOTA Fee-Street ".Iintenance 6o.' 1;"N �:A, ks Chlorine.Water Ptpt. 334. ii INC. Service-Clubhouse Road 60.(- 4rrS UNIVIJ,SIIY OF Mlf,NiSOiA Supplies-Canine Unit 17.0 4;.;9 VE.SSCO, INC. - Fquipm.ent repair & parts 200.(, 4t?%0 VIKiNG IA;�.OR;kf0RIE:S INCORP. Equipment-Corunwnity Center 771.E' 48 1 VI KING 1'RiSS, INC. 1.ettencoad 515.' f' :e seven Go -!,er 16, 1982 72 WATER PE:000CTS COMPANY Equipment parts 363.4,. :73 WATE.RITE, INC. Chart paper-Community Center 62./, :c74 WLS1 b,ELD SUPPLY COI,PANY Welding alloy-Street ^taintcnance 33.4: 4:75 XEROX COi1PORAIION Service 130./"; 4876 STACY YOUNG Instructor-Exercise class 896.00' 4817 ZAC!::t.SN H011ES Refund-Street light deposit 397.0, 4S78 ZIEGI.FR INC. Equipment parts, tires 1,278.7�. 4a19 BLU,1�tIP1GiON LOCKF,6UTH CO. Repair locks-P/W building 63.1.'C 4BO CAPITOL ELECTRONICS, INC. Radio equipment 2,362.E111 -1831 CARGILL SALT DIVISION Salt 1,546.4�1 i 432 FIRE INSTRUCIORS ASSN, OF MINN. Manual-Police Dept. 10.5i 4":33 GENERAL COL''UNICATIDNS, INC. Equipment repair & parts 27C.24 4c84 GOVERN:?;ENT 1RAINPIG SERVICE Conference-Planning Dept. 50.00' 4,'35 SIIERIIF'S DEPARTMENT-HENN. CTY. Radio equipment 174.0­ 4236 ICMA Books-Planning Dept. 14.25 4837 KUSTOM FL.ECIRONICS Radar repair 96.27 430,8 LAKELAND ENVELOPE COMPANY, INC. Envelopes-911 Emergency Information 92.91 4&89 MEDICAL OXYGEN & EQUIPMENT CO. Oxygen-Fire Dept. 40.3E 4890 METROPOLITAN FIRE EQUIPMLNT Chemicals-Fire Dept. 28.50 4891 POWER DRAKF EQUIPMENT CO. Lights-Police Dept. 59.56 4692 REPRO PRINTING, INC. Printing-911 Fi:tergency Information 247.75 4893 DON SEREICHE:R GUNS, 1:4C. Ammunition-Police Dept. 95.70 46P' TWIN CITY PET SUPPLY CO. Supplies-Canine Unit 36.2C 43. TWIN CITY PRICING & LABEL, INC. Labels-L/S Preserve 87.01 4596 UNIFORMS UNLIMIIED Badges-Fire Dept. 239.0" 4597 VALLEY INDUS1RIAL PROPANE, INC. Gas cylinders-Community Center 119.7S 1"198 BECKI WARNER Mileage 49.2` 4;39 14EST PHOEO Slide trays-Fire Dept. 24.06 4300 XEROX CORPORATION Service 267.47 TOTAL _$7,337,819._7`.: 1 MPHORANI IN TO: Mayor and City Council '11111U: Carl Jullic, City Manager Di FROM: Sandra F. Werts, Recreation i DATE: November 9, 1982 Y SUBJECT: hiring of Architect to Complete Plans for J.R. Cummins Homestead As work on the J.R. Cummins Ilomestead has com ensed, and plans for raising funds have progrcr,sed, the need for continued input from an architect has become apparent. The committee was interested in having the windows and doors refurbished and the brick work tuck pointed. It has been suggested that the wiring be taken care of as soon as possible, because it posses at potential fire hazard. A request was made by the fund raising committee to have plans and specifications for each room completed so that companies could be asked to sponsor the resto- ration of a room. The last quote we received from the architect we have been working with was for $3,000 to complete plans and specifications for the windows, doors and tuck pointing. Obtaining a cost estimate for architectural services on each portion of the project is time consuming and ea-pensive. It would be much more cost effective to hire an architect to complete plans and specifications for the entire project at this point. 711erefore, the Community Services Staff and the historical and Cultural Commission recommends that an architect be hired to: 1. Conduct the historical and architectural research necessary to prepare plans and specifications. 2. Prepare plans and specifications for the restoration and/or rehabilitation of the house as set forth in the feasibility study. 3. Provide technical assistance and observation of the restoration as needed. Although some of the plans and specifications will be prepared in the near future, actual work may not occur until the funds to complete that work are secured. however 1.11oreiny; what mast be done, and what the work might cost may help us in raising; the fund::. SR':and NPARIMENT OF TRANTORTATION 320 Wasi"lingfon Av, South Hopkins, Minnesota 55343 NEh;I�tl'IiV 935-3381 November 3, 1982 Mr. Jack Hacking, Director Department of public Safety City of Eden prairie 8950 Eden prairie Road Eden prairie, 1,114 55344 Re: CSAH 4 at TH 169 Adjacent to Lyon's Tap Dear Jack: The County Sheriff's Office and our department are very concerned about the parking hazard at the CSAH 4 - TH 169 intersection created by patrons of the Lyon's Tap. presently head in parking is occurring on both sides of CSAH 4 immediately north of TH 169. These parking arrangements were developed by the owner of the Lyon's Tap presumably without gaining county or city approval. As you are aware backing onto a major roadway is hazardous particularly when this maneuver is being made in close proximity of an intersection. It is our proposal to eliminate all parking on both sides of CSAH 4 except that parallel parking may be permitted on the west side between a point about 50 feet north of TH 169 to a point about 175 feet north of TH 169. In order to allow your department to enforce such a restriction, we request that the Eden prairie City Council pass a resolution to this effect. The county will furnish, install and maintain the parking restriction signs at county cost if the City Council approves the restriction. I have contacted Mr. Bert Nottermann, owner of the Lyon's Tap, and discussed with hiia the parking problem and our proposed parking restrictions. Mr. Notternann is opposed to the restrictions on the basis that it will adversely affect his business. Vie also cites the absence of accidents as an argument against harking regulations. I tried to impress upon Mr. Nottermann that the accident potential under current conditions is high and as responsible public officials we cannot ignore this hazardous situation. Mr. Nottermann is currently in the process of developing plans for the possible relocation of CSAH 4. The plan would realicn CSAH 4 to intersect with TIl 169 some distance east of the present intersection. This would HENNEPIN COUNTY an equal oppoduniry employer allow development of a parking lot between new CSAH 4 and the Lyon's Tap building. A cursory review of the plan by our department indicates that it may be acceptable although the county would not be able to participate financial ly. Mr. Nottermann's plan, if and when it materializes, would resolve the parking problem. Your favorable consideration of the proposed parking restriction is requested. Sincerely, p r t�JliL�icl J. �t�.Clit��- Dennis L. Hansen, P. E. County Traffic Engineer DLH:de cc: Mr. Bert Nottermann 16180 Flying Claud Dr. Eden Prairie, MN 55344 Doug Eidem Sheriff's Patrol Herb Klossner Jim Wold Novem;,er 16, 1982 { CITY OF M-N PRAIRIE HENNEPIN COUNTY, t-11NNLS0TA RESOLUTION NO. R82-261 RESOLUTION ESTABLISHING A "NO PARf;ING" ZONE ON CSAH 4 NORTH OF TH 169/212 WHEREAS, it has been deemed advisable and necessary, for the City of Eden Prairie to establish a "no parking" zone imi,iediately north of TH 169/212, and WHEREAS, upon receipt of enabling resolution the Hennepin County Department of Transportation will erect and maintain signs in said zone. NOW, THLREFORE, BE IT RESOLVED by the Eden Prairie City Council that a "no parkins" zone be established on CSAH 4 on both sides of the roadway from TH 169/212 right-of-way to 500 feet north, except the west side from 50 feet north to 175 feet north of TH 169/212 right-of-way. lJolfgaiig H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie C'l� SUBJECT: Deposit with Public Improvement Petitions DATE: November 9, 1982 We have had situations where property owners petition for public improvements and the City has responded by funding the engineering cost to provide a feasibility report and preparation of plans and specifications. When the cost of the project was learned, some petitioners have withdrawn their request and the City was left with no way to recover its cost unless the project would proceed at some future time. We suggest the Council consider adopting the following policy: A Property owner submitting a petition for public h improvement �'n excess of $20,000 as their assessable share, shal deposit with the City an amounL equal to 5% of the construction cost of the project as determined by the City's Director of Public Works before the City proceeds with the preparation of a feasibility report or plans and specifications for construction. The deposit will be credited to the petitioner's assessment if the project is ordered and installed. If the project is not ordered and installed, then the depositor is entitled to a refund of any monies not expended by the City in conjunction with the preparation of the feasibility report or preparation of plans and specifications. If approved by the Council, this policy would become effective for petitions received on or after January 1, 1983. CJJ:jp i P S ORDTNANCE NO. 16-82 A14 ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPT1:R 11, SECTION 11.03 TIISPE'OF RELATING TO SPECIAL PARKING REQUIPEMENTS AND SECTION 11.30 THEREOF RELATING TO P)"HUMI'}TED USES IN INDUSTRIAL DIS'PRICTS, AND ADOPTING BY REFERENCE CITY CODE CIIAPTI11 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF 177DEN PRAIRIE, MINNESOTA, .ORDAINS: Section 1. City Code Chapter 11, Sec. 11.03, Subd. 3.1i.4.f., shall be and is amended to read as follows: "f. IND.** Manufacturing 3/1000 sq. ft. G.F.A. Warehouses 1/2-1000 sq. ft. G.F.A. Office 5/1000 sq. ft. G.F.A. Gymnasium 5/1000 sq. ft. G.F.A." "** For supporting minor commercial uses within office/industrial buildings providing a supplemental function to the major office and/or industrial use the number of parking e?aces for such uses shall be not less than the minimum required for such uses in any other District." Section 2. City Code Chapter 11, Sec. 11.30, Subd. 2, shall be and is amended by adding thereto Subd. E. as follows: "E. Gymnasium" Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. 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 pu bl is ed at a regular meetiny of the City Council of said City on the day of 1982. ATTEST: I. City Clerk Mayor PURLISHF..D in the Eden Prairie News on the day of 1982. r