Loading...
HomeMy WebLinkAboutCity Council - 12/07/1982:UESDAY, DECEMBER 7, 1982 COUNCIL MEMBERS: CITY COUNCIL STAFF: ,(:1 CITY COUNCIL AGENDA 4 127'7 A, I 7:30 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Franc; Planning Director Chris Enger; Director of Community Services Bob Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL • I. INTRODUCTION OF NEW PUBLIC SAFETY OFFICERS II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS III. MINUTES A. City Council meeting held Tuesday, November 2, 1982 Z. City Council meeting held Tuesday, November 16, 1982 IV. CONSENT CALENDAR A, „ „<, <-, t A. Clerk's License List Page 2284 Page 2285 Page 2286 B. 2nd Readino of Ordinance No. 1542, changing street name from Flying Page 2287 Cloud Drive to Bryant Lake Drive C. Cane Order No. 4, City Services project Page 225C D. Receive feasibility report and set Public Hearing for Pioneer Trail Page 2291 Utilities, I.C. 52-034 (Resolution No. 82-267) E. 2nd Readino of Ordinance No. 7-82, rezoning 2.5 acres from Rural Page 2291 to Public for Eden Prairie Public Library and developer's agreement F. Resolution No. R2-266, ayproving summary of Ordinance Mo. 7-82 and Page 2352 ordering the publication ef said sumrery ftr Eden Prairie Public Library G. Holmos-Ailderson Fipal_Plat_appyoval (Resolution No. 82-268) Page 2314 H. Valley Place Final Plat approval (Resolution No. 82-269) Page 2356 I. MI TIOT Permit for construction within I-A94 right-of-way (Resolution Page 2308 No. 82-210 City Council Agenda 2 Tues.,December 7, 1982 K. O. Final Plat anoroval for Red Rock Lake 3rd Addn.(Resolution No. 82-273) Final Plat approval for Cardinal Creek 3rd Addition (Resolution No. 82-275) L. Receive 1007'.. petition and authorize preparation of plans and specifications for Cardinal Creek 3rd Addition, I.C. 52-042 (Resolution No. 82:/5 74) Resolution No. 82-276, amending $1,350,000 Donald C. Russ Municipal Industrial Development Bonds originally adopted in. 1980 Page 2312 Page 2314 Page 2316 Page 2319 Page 2325 M. N. Resolution No. 82-277, approving the transfer of Municipal Industrial Development Bonds for Kirsch O. Resolution No. 82-278. approving extension of Municipal Industrial Page 2330 Bonds for Sorem & Sherman V. PAYMENT OF CLAIMS NOS. 4901 - 5203 vi. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Opus Corporation for extension of 2-year limit on . Opus Office Plaza Developer's Agreement approved on October 30, 1980 wir. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager I. City Hall Office rearrangement C. RepOrt of City Attorney ix . NEW BUSINESS x AIJOURNMENT. Page 2334 Page 2340 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 2, 1982 COUNCIL MEMBERS: CITY COUNCIL STAFF: INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all were present 8:00 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. PRESENTATION OF GOLD MEDAL AWARD FOR EXCELLENCE IN PARK AND RECREATION PROGRAMS Director of Community Services Lambert presented the Gold Medal Award which had been awarded at the National Recreation and Parks Association Conference. The award was for excellence in park and recreation programs for cities under 20,000 population. Mayor Penzel noted some cities have applied for this award four or five times before receiving it and this was the first time Eden Prairie had submitted an application. Penzel said the citizens of Eden Prairie are to be commended for having the financial commitment as well as the desire to make such an award possible. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was moved to the Consent Calendar: IX. B. Resolution No. 82-245, approving the preliminary plat of 1 lot into 2 lots for approximately 1.6 acres for Treanor Addition by Guy Treanor became IV. H. The following items were added to the Agenda: IV. I. Resolution No. 82-258, Interim Final Approval - MIDB's for Hoyt Building in LeParc Addition and X. B. 3. Discussion of Contract Amendments for Prairie Center Drive. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other IteMs of Business as amended and published. Motion carried unanimously. 22/V City Council Minutes -2- November 2, 1982 III. CITY COUNCIL MINUTES FROM MEETING HELD TUESDAY, OCTOBER 5, 1982 The following additions or corrections were made: Page 4, para. 12, line 4, add: "area, all of which plans were known by the Vikings prior to the start of the development of their facility." Page 8, para. 1, line 1, add following the words "in the office building for the southwestern metropolitan area" Page 13, para. 7, line 3: change "Don DeVeau" to "John Neveaux." MOTION: Redpath moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday, October 5, 1982, as amended and published. Motion carried with Edstrom abstaining. IV. CONSENT CALENDAR A. Clerk's License List B. Final Plat approval, MTS Technology Campus (Resolution No. 82-255) C. Receive 1001 petition and authorize preparation of plans and specifications for Creekridge Estates road and storm sewer improvements, I.C. 52-040 (north of Riverview Road and west of CSAH 18) - (Resolution No. 82-256) D. Change Order Number 2, Contract #3, I.C. 51-354, Well Collector Line E. Change Order Number 3, IC. 52-025, City West Parkway F. Change Order Number 3, I.C. 52-027, City Services Project G. Restoration of the Cummins/Grill House Roof (Resolution No. 82-249, trans- ferring CDBG Funds) H. Resolution No. 82-245, approving the preliminary plat of 1 lot into 2 lots for approximately 1.6 acres for Treanor Addition by Guy Treanor - formerly IX. B. I. Resolution No. 82-258, Interim Final Approval - MIDB's for Hoyt Building in LeParc Addition MOTION: Edstrom moved, seconded by Tangen, to approve items A - I on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. WOODLAWN HEIGHTS by Ruscon Homes. Request for rezoning of approximately 59.68 acres from Rural to R1-9.5 for construction of 139 single family de- tached housing units and preliminary plat approval of 139 lots and 2 outlots. Located in the southwest corner of Duck Lake Trail and Townline Road (Ordi- nance No. 9-82 - rezoning and Resolution No. 82-244 - preliminary plat) Continued from October 19, 1982. Edstrom noted he would abstain from discussion and voting on this proposal because of a client relationship between his firm and Lyman Lumber, 1 City Council Minutes -3- November 2, 1982 City Manager Jullie stated this item had been continued from the October 19th meeting; official notice had been published and the neighboring property owners had been notified. Marshall Oaks, Ruscon Homes, spoke to the proposal. Also present was Bill Mauer, Probe Engineering. Mauer said they would like to have a grading permit for Phase I prior to the second reading of the Ordinance. Director of Planning Enger said the proposal had been reviewed by the Planning Commission at its September 27, 1982, meeting at which time it had recommended approval of the rezoning request and the preliminary plat subject to the con- ditions included in the September 23, 1982, Staff Report. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this at its October 4, 1982, meeting at which time it recommended approval subject to the Staff Report and with the deletion of the reference to a ballfield in number eleven of the recommenda- tions. Penzel called attention to two letters: one from Ruscon Homes dated October 28, 1982, requesting a grading permit prior to the second reading and one from neighbors listing six specific requests which they would like the City to require of the developer. (See attached.) Enger said the highest point on the site is about 852'. Mauer said the natural high peak on the site will be retained. Grading plans were discussed with the assistance of maps. Enger addressed the issues which had been raised by the neighbors in their letter of October 15, 1982. Penzel asked Redpath if the concerns he had raised at the October 19, 1982, meeting had been addressed. Redpath said he had spoken with Oaks and had been assured by Oaks that his attorney would respond to those who had questions. Redpath said he had checked with the people who had called him and had been told by them that they had not heard from the attorney. He also said he had heard that Ruscon is merchandising or selling lots in the Woodlawn Heights area before it has been discussed by the Council. Oaks said real estate escrow accounts have been set up for the reservations which have been made by those desiring property -- all of these reservations are subject to all subdivision approvals and all prospective buyers are made to understand that is the case. The reservations are secured and the monies are secured. He said that in today's economy about the only way to sell homes is to pre-sell them. The same thing had taken place with the Deer Creek project. Redpath said because of the problems which have evolved, he would not vote for this proposal unless it were done in stages -- nothing to be sold until the work in the previous stage was completed. Bentley asked what was the cause for the delay in Deer Creek. Oaks said it was their first development which gave them a broad education, it took longer than expected for the letter of credit/bonding process -- about 6 - 8 weeks, and the rainy season put them 2 to 2'2 months behind. 2-T/Lir City Council Minutes -4- November 2, 1982 Redpath said he had been told that people are being told they can be in a home in Woodlawn Heights in March. Oaks said that had all be changed -- now they are saying very late Spring. Bentley asked if the streets along Townline Road were off-set. Enger said they were. Bentley asked if the road north of Grand View Drive would meet . up with another east of Duck Lake Road. Enger said it would not. Bentley expressed concern about the number of driveways which would come onto Duck Lake Road. Enger said they had been trying to discourage access onto Duck Lake Road, but because of the terrain this seemed to be best. Steven Brown, 8701 Eden Prairie Road, reviewed his experience with Ruscon Homes. He felt the City should, if this is approved, watch what Ruscon does and see to it that it follows through on its promises to potential homeowners. Don Jacobson, 6345 Duck Lake Road, asked what improvements would be made to Duck Lake Road in conjunction with this proposal. He also asked what the sewer situation would be. He said he realized that the area will be developed and that they would all hate to lose the nature area they now look out at, but his concern was how much this would cost the residents of the area. Penzel noted the developer had plans to build a portion of the sewer system. The City's policy had been to not make road improvements unless utility installa- tions were already in. Penzel reviewed the phasing which had been previously discussed by Mauer and Oaks. Bentley asked if perhaps the improvements to Duck Lake Road should be made during the first phase of the project. Penzel said he thought the phasing would be done over a relatively short period of time given the fact that interest rates have been coming down and there is a need for this type of housing. Redpath said this price housing is needed in Eden Prairie -- the cost of phasing this might be too expensive and would make the project un- feasible. Oaks said he would like to request that Ruscon be given the opportunity to police and solve its own problems -- and be given a chance to prove itself. Bentley asked Oaks how many lots there were in Deer Creek. Oaks said 67 and all but two have been sold and all but 3 homes are under construction with the closest completion date about two weeks away. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance 9-82. Motion carried with Edstrom abstaining. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No, 82-244, approving the preliminary plat of Woodlawn Heights. Motion carried with Edstrom abstaining. MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft a Develop- er's Agreement subject to the reconmendations of the Staff Report, the recommen- dations of the Planning Commission and the Parks, Recreation & Natural Resources Commission, development of a passive rather than an active park, and provisions for phasing of the project. Motion carried with Edstrom abstaining, 2711.1(.1.- City Council Minutes -5- November 2, 1982 MOTION: Redpath moved, seconded by Tangen, to request Staff to prepare a feasibility report for improvements to Duck Lake Road to Townline Road. Motion carried unanimously. Bentley noted the Council had not been granting grading permits to developers until the Developer's Agreement had been signed. The consensus was to continue with this policy. B. EDEN PRAIRIE PUBLIC LIBRARY by Hennepin County. Request to rezone 2.51 acres from Rural to Public and preliminary plat 2.51 acres into 1 lot to construct a 10,000 square feet library. Located in the southwest corner of Prairie Center Drive and Preserve Boulevard. (Ordinance No. 7-82 - rezoning and Resolution No. 82-250 - preliminary plat) City Manager Jullie stated notice of the Public Hearing had been published and property owners had been notified. Earl Johnson of the Hennepin County Property Management Department and David Smith of the Hennepin County Library Staff were present. Johnson addressed the proposal. Director of Planning Enger said the Planning Commission had reviewed the proposal at its October 12, 1982, meeting at which time it had recommended approval of the rezoning subject to the recommendations included in the Staff Report of October 8, 1982. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had recommended approval subject to the recommendations of the Staff Report and the additional recommendation that only the land on which the library itself was on would be excluded from cash park fees. Edstrom had a question regarding the Planning Commission Minutes and the position of the Commission on the cash park fee. Enger explained the Commis- sion did not want the recommendation for waiver of the cash park fee to remain in the Staff Report; they wanted the Parks, Recreation & Natural Resources Commission to determine that. Edstrom asked if the amount which would be required to be paid as cash park fees would reduce the amount of money which would be spent on the library itself. Johnson said he did not believe it would affect the project. Bentley noted the funds have been allocated for next year for selecting an architect; there might be a building there in two years. He asked why there had been a change from a 10,000 square foot building to a 6,000 square foot building with a future add-on. Johnson said he could not answer that question. Bentley said he was pleased with the progress which had been made on the library proposal. Smith said the County is approaching this with a rather conservative view and therefore the smaller size. City Council Minutes -6- November 2, 1982 Redpath said he agreed with the Parks, Recreation & Natural Resources Commission regarding the cash park fee. He wondered if other communities have a policy regarding cash park fees for library property. Jullie said this will be looked into; if it is required by others, then we should do likewise. Tangen concurred. Edstrom said Bentley should be complimented for all the time and effort he has put in through the Friends of the Library in getting a new library for Eden Prairie. Bentley said he had a problem with one governmental body imposing a fee on another -- this in regards to the cash park fee discussion. There were no comments from the audience. MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and to give 1st Reading to Ordinance No. 7-82. Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-250, approving the preliminary plat of Eden Prairie Public Library. Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to direct Staff to draft the Developer's Agreement taking into consideration the recommendations contained in the Staff Report and those of the various Commissions, The cash park fee is to be based on City Manager Jullie's recommendation. Motion carried unani- mously. C. BASSWOODS FIFTH TOWNHOUSE ADDITION by Mr. and Mrs. Dahlquist. Request for PUD amendment for rear yard setback variance and preliminary plat for Lot 1, Block 1, and Lot 3, Block 1, Basswoods Townhouse Second Addition. Lo- cated at 8851 Basswood Road. (Resolution No. 82-251 - PUD amendment and Resolution No. 82-252 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners in the vicinity had been notified. Dale Wenkus, architect for the proponent, addressed the request. Director of Planning Enger said the Planning Commission had reviewed the proposal at its October 12, 1982, meeting at which time it voted to recommend approval subject to the recommendations contained in the October 7, 1982, Staff Report. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had not reviewed the proposal. .;22.V-1 E City Council Minutes -7- November 2, 1982 Bentley asked if a PUD amendment covers the entire PUD or is it narrowed to only this specific request? Enger said it covers only this request. Edstrom asked if there were other screened in porches in the general vicinity. Wenkus said not that he was aware of -- the outlines on the map show patios and decks. Tangen asked if anytime there is something like this in The Preserve must it come before the Council? Enger said he thought the Planning Commission review prior to Council action was appropriate; it could be done also by the Board of Appeals. Enger felt since the original approval had come from the Planning Commission, this was the appropriate method. City Attorney Pauly said that because this request necessitated a replatting, it had to come before the Council. Tangen said he did not feel the Council should act as the board for variance requests. There were no comments from the audience. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 82-251, approving the development of Planned Unit Development in The Preserve. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 82-252, approving the preliminary plat of Basswoods Fifth Townhouse Addition. Motion carried unanimously. D. SHADY OAK AMOCO by Amoco Oil Company. Request for rezoning .93 acres from Rural to Hwy-Com, and preliminary plat for construction of a gas station. Located in the southwest corner of Crosstown 62 and Shady Oak Road. (Ordinance No. 12-82 - rezoning and Resolution No. 82-253 - preliminary plat) City Manager Jullie said official notice was published and notices had been sent to property owners within the project vicinity. Harlan McGregor and Ray Duggan were present representing Amoco Oil Company. McGregor addressed the proposal. Director of Planning Enger noted this had been reviewed by the Planning Commis- sion at its October 12, 1982, meeting at which time it had recommended approval subject to the conditions included in the August 5, 1982, Staff Report. This item was not reviewed by the Parks, Recreation & Natural Resources Commis- sion. Redpath asked if there would be a provision for a turn around on Old Shady Oak Road. Enger said records show the right-of-way still exists for Old Shady Oak Road; a turn around is now provided on private property. If there is a real need established. Enger felt the City should provide a turn around. Edstrom suggested that point be made a part of the Developer's Agreement, Ken Beiersdorf, representing the Uherkas. 6301 Shady Oak Road, said he under- stood a semaphore would be installed at this location at some time. Director of Public Works Dietz said there is a good possibility that there will be several semaphores between this location (the Crosstown) and Highway 169 but there are no specific plans at this time. City Council Minutes -8- November 2, 1982 Beiersdorf said the Uherkas are not in opposition to the proposal but are near retirement and have their property on the market and are interested in knowing what the costs will be to them. He said considerations should be given to the impact the traffic will have on the Uherka's property. Mike Loosen, 6200 Shady Oak Road, asked how much space would be allowed for a turn around on Old Shady Oak Road. Enger said this will be evaluated. Loosen asked about the bank on Shady Oak Road. Duggan said there would be a 2:1 or 3:1 slope; screening would not be necessary. Redpath asked if there was any provision made for the headlights which would be coming out of the service stattion as cars exit south. Enger said this was not considered. Penzel asked how steep the driveway would be. Duggan said it would have a 3 - 5% slope. Edstrom asked where the gas station at Highway 5 and Eden Prairie Road stands. McGregor said that plan had been abandoned and the proposed station would be built next Spring. Jullie stated sewer and water is one fourth mile to the south; no utilities have been petitioned for this site. Enger said Honeywell is preparing plans to market its property east of this site. Redpath asked what the feasibility would be to extend the utilities up the west side of Shady Oak Road since the apartment building proposal had been approved. Dietz said it would be easier to extend the utilities up the east side of Shady Oak. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing, and to give 1st Reading to Ordinance No. 12-82. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-253, approving the preliminary plat of Shady Oak Amoco. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to direct Staff to draft the Developer's Agreement including the recommendations included in the Staff Report, looking into the possibilities of a turn around, the potential shield- ing of lights is to be examined, and ownership of the road is to be determined. Motion carried unanimously. E. VALLEY PLACE OFFICES PLAT by G.S.J. Development. Request for preliminary plat- ting of 4.1 acres, 4 lots zoned Office district with variances to be reviewed by the Board of Appeals to allow Office condominium buildings. Located at 9971 - 9979 Valley View Road. (Resolution No. 82-254 - preliminary plat) City Manager Jullie stated the official notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Charles Garrity and Bill Jacobson of G.S.J. Development and Brad Fuller, attorney, were present. Garrity addressed the proposal. City Council Minutes -9- November 2, 1982 Director of Planning Enger stated this item had been reviewed by the Planning Commission at its October 25, 1982, meeting at which time it recommended approval subject to the recommendations included in the October 23, 1982, Staff Report. This item had not been reviewed by the Parks, Recreation & Natural Resources Commission. Edstrom asked about the tax exempt financing. Fuller explained that tax exempt financing could not be used to finance inventory. He stated lot 2 had not been improved or financed by industrial revenue bonds and could be conveyed safely without jeopardizing the tax exempt financing. Tangen asked about city ownership of the street to eliminate landlock parcels. City Attorney Pauly noted that when the City owns the street it then has the obligation to maintain it. Director of Public Works Dietz said the City has easement access in some apartment complex areas. City Manager Jullie said this creates additional setback problems for the City. Pauly said he had reviewed the document and had discussed it with Fuller. He noted there are some things which need to be revised; modifications are not to be made with- out the City's consent. There were no comments from the audience. MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 82-254, approving the preliminary plat of Valley View Offices Plat. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft the Developer's Agreement taking into consideration the recommendations included in the Staff Report and to the satisfaction of the City Attorney. Motion carried unanimously. F. PUBLIC HEARING TO CONSIDER RENAMING KURTZ LANE SOUTH OF C.M.ST.P. AND P. RAILROAD (Ordinance No. 13-82) - effective upon publication, There were no comments from the audience, MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to give 1st Reading to Ordinance No. 13-82, renaming Kurtz Lane South of the C.M.St.P. and P. Railroad to Hallmark Drive. Motion carried unanimously. G. PUBLIC HEARING TO CONSIDER RENAMING FLYING CLOUD DRIVE BETWEEN VALLEY VIEW ROAD AND SHADY OAK ROAD—TOrdinance No. 15-82) Tangen asked that this matter be continued for two weeks because the residents of the neighborhood are unhappy with the proposed name (Kenwood Drive) and wish to submit another name for consideration. MOTION: Tangen moved, seconded by Bentley, to continue this item for two weeks (to the November 16, 1982 meeting.) Motion carried unanimously. City Council Minutes -10- November 2, 1982 H. PUBLIC HEARING TO CONSIDER RENAMING VALLEY VIEW ROAD BETWEEN BAKER ROAD AND 1-494 CO-rdinance No. 14-8-21 - effective July 1, 1984. Director of Public Works Dietz said the name R o b e r t s D r i v e h a d b e e n s u g g e s t e d for this portion of Valley View because two of t h e e a r l y s e t t l e r s i n t h e area had Robert as a first name. Penzel said t h e n a m e h a d b e e n c h o s e n b y a resident on that segment. MOTION: Edstrom moved, seconded by Bentley, t o c l o s e t h e P u b l i c H e a r i n g and to give 1st Reading to Ordinance No. 14-8 2 , r e n a m i n g V a l l e y V i e w R o a d between Baker Road and 1-494 to Roberts Driv e e f f e c t i v e J u l y 1 , 1 9 8 4 . M o t i o n carried unanimously. VI. PAYMENT OF CLAIMS NOS. 4405 - 4567 MOTION: Edstrom moved, seconded by Bentley, t o a p p r o v e t h e P a y m e n t o f C l a i m s Nos. 4405 - 4567. Roll call vote: Bentley, Ed s t r o m , R e d p a t h , T a n g e n a n d P e n z e l voted "aye." Motion carried unanimously. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS There were no reports. VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Thompson kademy of Gymnastics for a g y m n a s t i c s u s e i n a n i n d u s t r i a l area Penzel asked City Attorney Pauly to address t h e z o n i n g c o n c e r n s o n t h i s m a t t e r . Pauly said a memorandum which accompanied the p a c k e t m a t e r i a l s u g g e s t e d s o m e of the alternatives; one of which i to amen d t h e c u r r e n t z o n i n g o r d i n a n c e t o allow the use of a conditional use permit. A n o t h e r a l t e r n a t i v e w o u l d b e t o permit this use in an industrial zone. He sta t e d t h e a u t h o r i z a t i o n o f a c o n - ditional use permit could create some problems l a t e r o n a s a p p l i c a n t s c o m e i n and meet the criteria it is quite difficult to n o t g r a n t t h e p e r m i t . P a u l y said the preferable course would be to amend t h e z o n i n g c h a p t e r t o p e r m i t t h e use of gymnastics schools in the industrial zo n e w i t h t h e p a r k i n g s e c t i o n a m e n d e d relative to the parking requirements. Redpath asked what the parking requirements a r e n o w . E n g e r s a i d 1 5 - 1 8 p a r k - ing spaces are provided for the space. Penze l s a i d t h i s t y p e o f u s e d o e s n o t require parking because no one stays during t h e c l a s s e s . E n g e r s a i d S t a f f h a d called neighboring cities to see what their e x p e r i e n c e h a d b e e n . T h e c u r r i c u - lum for the various schools vary so there is n o w a y o f m e a s u r i n g w h a t m i g h t b e needed by any one school at any one time. Penzel noted a public hearing would have to be c a l l e d t o a m e n d C h a p t e r 1 1 . Edstrom said he would like to accommodate this t y p e o f u s e , b u t h e w o u l d n o t like to open a Pandora's box. He felt the Cou n c i l s h o u l d p r o c e e d a s P a u l y had suggested and amend the zoning ordinance. A petition in support of the Thompson Academy o f G y m n a s t i c s w a s p r e s e n t e d (see attached.) 2 7t-r- City Council Minutes -11- November 2, 1982 Enger said he would like some direction in regard to the parking requirements the Council would like to have included in the amendment. Pauly said a mini- mum parking level could be established and if a variance were appropriate, it could be requested. Redpath asked if gymnastic meets would be held here. Greg Aretz, vice presi- dent of Thompson Gymnastics said there would not be because there is not enough room. Tangen asked if this amendment would be for a specific use. Pauly said it would allow a category of uses, but the types of uses to be allowed in that category would be spelled out. MOTION: Edstrom moved, seconded by Redpath, to instruct Staff to develop the appropriate amendments to the City Code. Motion carried unanimously. IX. ORDINANCES & RESOLUTIONS A. Resolution No. 82-257, relating to •the Burger King rezoning request MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-257, relating to the Burger King rezoning request. Motion carried with Edstrom abstaining because he was not present at the meeting at which time this matter was discussed and on which the findings of fact were based. MOTION: Tangen moved, seconded by Redpath, to deny Resolution No. 82-234, preliminary plat for Burger King. Motion carried with Edstrom abstaining. B. Resolution No. 82-245, approving the preliminary plat of 1 lot into 2 lots for approximately 1.6 acres for Treanor Addition by Guy Treanor This item was moved to the Consent Calendar as item IV. H. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel noted a letter which had been received from the Minnesota Association for Retarded Children (MARC) which expressed concern about the toxic waste transfer site under consideration and to which the Association is opposed. Penzel read a letter from William Bearman requesting a 90 day leave of absence from the Planning Commission because of a recent illness. Penzel called attention to a membership meeting of the Association of Metro- politan Municipalities which will be held on Thursday, November 18, 1982, at 7:30 p.m. at the Roseville City Hall. Legislative policies will be discussed. 2.2,7111 City Council Minutes -12- November 2, 1982 B. Report of City Manager 1. Appointment of Auditors to conduct the 1982 Audit MOTION: Redpath moved, seconded by Edstrom, to appoint Fox, McCue & Murphy as auditors for the 1982 audit. Motion carried unanimously. 2. Set date and time to meet as Canvassing Board MOTION: Bentley moved, seconded by Redpath, to set 5:30 p.m. on Wedenesday, November 3, 1982, as the time and date for the meeting of the Canvassing Board. Motion carried unanimously. 3. Discussion of contract amendments - Prairie Center Drive Director of Public Works Dietz reviewed the problems which had come about in negotiations for right-of-way in the Valley View Road vicinity of the project (Meat Cutters property.) He outlined the alternate alignment. MOTION: Edstrom moved, seconded by Bentley, to approve the recommendation of Staff. Motion carried unanimously. XI. NEW BUSINESS Bentley noted there are lights in the entrance to the Prairie Village Mall which have been burned out for several months. Staff will check on this. Bentley stated the berming behind Northmark II has a gap in it. Director of Public Works Dietz said he has a call in to the developer regarding this matter. Penzel asked when street lights will be installed at the Community Center entrance. Dietz said they had been ordered, but he did not know when they would be installed. Penzel said he had been approached regarding modification of signage at the Prairie Village Mall. MOTION: Tangen moved, seconded by Bentley, to instruct Staff to look into modifying sign requirements at the Prairie Village Mall, Motion carried with Edstrom abstain- ing. XII. ADJOURNMENT MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 11:12 poi. Motion carried unanimously. 2-2 K The following items are on file with the original copy of the Minutes of the November 2, 1982, meeting of the City Council: 1. Petition from residents regarding the Ruscon Homes proposal on Duck Lake Road and Town Line Road. 2. Letter from Ruscon Homes, dated October 28, 1982. 3. Letter dated November 1, 1982, from Jim and Kay Cowan in support of Thompson Academy of Gymnastics. 4. Petition in support of the Thompson Academy of Gymnastics. 5. Letter from William J. Bearman dated October 28, 1982, regarding leave of absence from the Planning Commission. 22-7,q L UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 16, 1982 COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: All members were present 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Services Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Sec- retary Karen Michael I. PRESENTATION OF CHECK IN THE AMOUNT OF $500.00 FROM NORTHWESTERN BELL TELEPHONE COMPANY FOR THE EDEN PRAIRIE HISTORICAL RESTORATION FUND Floyd Berntsen of Northwestern Bell Telephone Company presented a check for $500 to Mayor Penzel to be used for the Cummins House Restoration Project. Penzel accepted the check on behalf of the residents of Eden Prairie and thanked Berntsen for Northwestern Bell's support. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X. Al. Discussion of an Ordinance Rfgarding Lawn Signs; X. A.2. Discussion of a Letter from Hennepin County Regardin g Signal at County Roads 1 and 18; X. A.3. Bond Counsel; X. A.4. Deer Creek; X. A.5. MTC Routes; and X. A.6. Minnesota Waste Management Board Meeting. The following item was moved from the Consent Calendar to X. B. 2. Consideration to eliminate mini-rinks in four locations (formerly V. B.) MOTION: Tangen moved, seconded by Edstrom, to approve the Agenda as amended and published. Motion carried unanimously. III. AWARD SALE OF $6,200,000.00 IMPROVEMENT BONDS AND $2,300,000.00 STATE AID BONDS (esolution No. 82-263) Bill Fahey, bond-teuniel-, reviewed the bids which had been opened this afternoon. He noted the rate of interest on the $2,300,000 general obligation state aid bond s was 8.9562 and that on the $6,200,000 general obligation bonds was 9.6076%. City Council Minutes -2- November 16, 1982 MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 8 2 - 2 6 3 , awarding the sale of $6,200,000 improvement bonds and $2,300,000 state a i d b o n d s . Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted " a y e . " M o t i o n carried unanimously. IV. CITY COUNCIL MINUTES FROM MEETING HELD TUESDAY, OCTOBER 19, 1982 Page 4, next to the last sentence, change "of" to "or" Page 7, VIII. A., para. 3, line 3, change "Hazardous Waste Commission " t o " W a s t e Management Board" Page 7, VIII. A., para. 3, add: for cable tv hookups." Page 9, para. 4, line 2, change no to any MOTION: Redpath moved, seconded by Bentley, to approve the minutes o f t h e Council Meeting held Tuesday, October 19, 1982, as amended and publi s h e d . Motion carried with Tangen abstaining. V. CONSENT CALENDAR A. Clerk's License List B. Consideration to eliminate mini-rinks in four locations - moved to item X. B. 2. C. Agreement approving snowmobile trails D. 2nd Reading of Ordinance No. 13-32, renaming Kurtz Lane between C.M.St.F. an d P . Railroad and Edenvale Boulevard E. 2nd Readina of Ordinance No. 14-82, renaming Valley View Road between Ba k e r Road & 1-494 F. Resolution No. 82-264, approving the summary of Ordinance No. 8-82 and ordering the publication of said summary for Edenvale 15th MOTION: Redpath moved, seconded by Tangen, to adopt items A and C - F on the Con- sent Calendar. Motion carried unanimously. VI. PUBLIC HEARINGS A. Public Hearing to consider renaming Flying Cloud Drive between Valley View Roa d ilTd" Shady Oak Road (Ordinance No. 15-82) - continued from November 2, 1982 Penzel said this item had been continued at the request of the resid e n t s i n the Willow Creek area. Spokesman for the Willow Creek residents was Don Sorensen. He calle d a t t e n t i o n to the letter of November 16, 1982, from J.P. Wilkie, President of the W i l l o w Creek Road Association (see attached.) The majority of the resident s i n t h e area agreed the name should be Bryant Lake Drive. City Council Minutes -3- November 16, 1982 MOTION: Edstrom moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 15-82, changing the name of Flying Cloud Drive between Valley View Road and Shady Oak Road to Bryant Lake Drive. Motion carried unanimously. B. Request for Municipal Industrial Development Bonds in the amount of $510,000.00 for George Konik (Resolution No. 82-260 Bob Ryan, Ryan Development, and John W. Curran, Jr., vice president of Parkview Centers were present. Ryan addressed the request and said Parkview Centers would be the tenant in the building. Bentley asked if this would be a treatment center. Ryan said it would be the corporate headquarters for Parkview Centers, an office facility. Edstrom asked if Parkview Centers is a non-profit corporation. Curran said it is not. There was discussion on the leasing arrangement. Concerns were expressed that the terms of the lease were not the same as the length of the bonds. Gary Lawley, representing George Konik, was present to answer questions. Bentley asked if this project was that much different from others which the Council had approved. Lawley said the lease payments cover the debt service; he explained how the financing of the project would work. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 82-260, relating ix the authorization and issuance of revenue bonds and giving preliminary approval to the project and authorizing an application by the City to the Minnesota Commissioner of Energy, Planning and Development. Motion carried with Penzel voting "no.' C. Establishment of Tax Increment District No. 3 and the adoption of a Tax Incre- ment Financing Plan relating thereto (Resolution No. 82-262) City Manager Jullie said notice of the Public Hearing had been published. Jullie explained the purpose of this was to bring the Edenvale Apartment project which is now under construction into the tax increment program. City Attorney Pauly reviewed in detail the exhibit accompanying the Resolution wHich contained the reasons and facts supporting the findings. Jullie further addressed the reason for including this project in the district. Pauly asked Jullie if the improvement projects in the whole area could have been financed through a special assessment procedure or a private financing means. Jullie said attempts had been made in 1973 to begin this project, but due to appeals by property owners the City was unable to carry out its proposal. Pauly noted the minutes of the Planning Commission for August 24, 1981, and March 29, 1982, which stated that both the original plan and the amended plan conform to the general plan for the development of the City as a whole. He also called attention to a memorandum from City Assessor Bob Martz dated July 7, 1981, in which he indicated the reductions which had been approved via the abatement process for stores in the major center area due to poor sales; a memorandum from Director of Public Safety Jack Hacking on accident information in the major center area; and further specific findings pertaining to major center area matters. Bentley had specific questions and points of clarification which were answered by Pauly. City Council Minutes -4- November 16, 1982 There were not comments from the audience. MOTION: Edstrom moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 82-262, providing for establishment of proposed tax increment District No. 3 and the adoption of a tax increment financing plan relating thereto, and exhibit A. Motion carried unanimously. VII. PAYMENT OF CLAIMS NOS. 4568 - 4900 MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos. 4568 - 4900. John Reeve, 9408 Clubhouse Road, asked if his claim and that of Ray Olson, 9400 Clubhouse Road, were included. City Manager Jullie addressed his memorandum of November 12, 1982, which explained the sewer backup at the Reeve residence, and had as attachments Reeve's letter of November 11, 1982, as well as a list of expenses related to the backup. Reeve said there is no law which covers this type of situation, according to his attorney. He also said there is no indication that the City was negligent in any way which resulted in the backup. He spoke to the expense and interruption to his household during this time. Jullie noted the City had agreed to pay $1,195 while Reeve was now claiming expenses of $2,170.25. The latter amount would be contrary to what City policy has been in situations such as this. Redpath suggested that Reeve could submit a claim to the City's insurance carrier for anything above the $1,195. City Attorney Pauly noted that if the City has a legal liability then that should be passed on to the City's insurance carrier,any other payment the City might make would be subject to the question of the City's policy of fairness. Pauly said he would suggest that payment not be made until the whole matter is settled -- that it not be done on a piecemeal basis. Edstrom said he thought the liability belonged to the other party. Jullie said he thought he had gone to the limits of his authority to expend funds for this. Tangen asked what the position of the City's insurance carrier was. Jullie said the carrier felt the City had not been negligent. Tangen suggested Jullie be directed to look into the matter and see if Reeve's claim was now complete. Don Sorensen, 7121 Willow Creek Road, questioned the City's policy of voluntarily paying for claims such as this when there is no clear liability. Penzel noted the City's response was based on previous practice. Penzel stated the City's policy is very generous. Bentley said perhaps this should be examined. Edstrom suggested this whole question should be looked at from a legal standpoint; this claim should be continued. AMENDMENT TO THE MOTION: The motion was amended to read: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos. 4568 - 4900 with the exception of Claim No. 4844 which will be continued. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. ;/,2e5 City Council Minutes -5- November 16, 1982 VIII. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Conmission - Request authorization to interview archi- tects to complete plans and specifications for restoration of the J.R. Cummins Homestead •City Manager Jullie addressed a memorandum of November 9, 1982, regarding the hiring of an architect to complete plans for the J.R. Cummins Homestead. Edstrom asked who would be doing the interviewing of architects. Jullie said this would be done by the Restoration Committee. Redpath asked if this would come out of City funds. Director of Community Services Lambert said the Restoration Committee would pay for the architect ultimately, however to begin with City funds would have to be used and these would be repaid. MOTION: Bentley moved, seconded by Edstrom, to authorize the Restoration Committee to interview architects to complete plans and specifications for restoration of the J.R. Cummins homestead. Motion carried unanimously. IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Resolution No. 82-261, regarding request from Hennepin County to enforce parking restrictions at Lion's Tap (formerly Lyon's Tap) City Manager Jullie called attention to the letter of November 3, 1982, from the Hennepin County Department of Transportation to Jack Hacking, Director, Department of Public Safety, in which concerns were expressed about the hazards created by parking on CSAH 4 - TH 169 in the vicinity of the Lion's Tap. Dennis Hansen, County Traffic Engineer, addressed the concerns of the County. Jullie said the owner of the Lion's Tap has been working with a consultant on plans to improve the parking as well as expand the facility. It was his understanding these plans would be coming before the Council within the next couple of months. Bert Nottermann, owner of Lion's Tap, said he had expanded the parking about 11/2 - 2 years ago; he was not aware that a permit was required. Bentley asked if the Public Safety Department had any comment. Jullie said they felt the parking did create hazardous conditions; there have not been any accidents related to the parking. Notterman said he has been putting money into the business making improvements right along. Hansen said he had reviewed Notterman's plans for future improve- ments and has no problems with them. Hansen stated the County would gain very little from the relocation of the roadway and therefore cannot participate, financially, in it. 2c d City Council Minutes -6- November 16, 1982 Edstrom said the bigger problem is that this business is a non-conforming use. He asked whether or not the business should be expanded more; will this create a bigger problem rather than solving one He agreed this is a fine restaurant and everyone loves it. Edstrom said there is probably not an easy way to deal with the intersection of 4 and 169. Penzel said he felt the whole question revolves around how quickly the plans now being considered by Nottermann come before the Council. Jullie said they will probably be available at the second Council meeting in January. Penzel said he would recommend the Council post- pone action on the County's request until the second meeting in February. Redpath asked if the County had the authority to post county roads with no parking signs. Hansen said they can, but they would like to have the cooper- ation of the municipality because of questions of enforcement. Hansen said the County would find waiting until February reasonable and acceptable. MOTION: Redpath moved, seconded by Bentley, to continue consideration of the County's request to the second meeting in February. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Discussion of an Ordinance Regarding Lawn Signs Fenzel said he had suggested to City Manager Jullie that Staff draft a replacement for the handout now given to candidates which would include a revision of the ordinance governing lawn signs during political campaigns. The removal of signs from State and County right-of-ways should be included with the necessary support sought from the appropriate agencies. Discussion on various ways to handle the campaign sign issue were debated. Recommendations from the Council were submitted to Staff. Don Sorenson, 7121 Willow Creek Road, said he was concerned about the removal of signs prior to the November 2, 1982, election. Signs were re- moved without the prior knowledge of the homeowner and in some cases they were not on City right-of-way, He also referred to First Amendment rights. MOTION: Bentley moved, seconded by Penzel, to submit proposals discussed this evening to Staff for rewriting and incorporation into the City Code. Motion carried unanimously. 2. Discussion of a Letter from Hennepin County Regarding Signal at County Roads 1 and 18 Bentley asked Dennis Hansen, Hennepin County Traffic Engineer, why the County had chosen to remove the signals from the improvements which were made at the intersection of County Roads 1 and 18. Bentley stated the intersection had been made more hazardous than it previously was and he strongly urged the County to review its decision, City Council Minutes -7- November 16, 1982 Redpath said it was his understanding that the lights from the County Road 18 and West 78th Street intersection were to be used at 1 and 18 when they were removed this Fall. That had not been done. Hansen asked that the Public Safety Department supply the County with accident records; he would also request similar information from the City of Bloomington. He said the County would then review it decision. 3. Bond Counsel Edstrom noted he had received a phone call from Bill McGrann asking why O'Connor & Hannan had not been used as bond counsel. City Manager Jullie referred to a memo of a year ago in which it was stated that the Dorsey & Whitney firm charges less and it was the intent of the City to go back to using the Dorsey & Whitney firm after the tax increment financing was resolved. Jullie said that Jim Reyer has since left the O'Connor & Hannan firm and perhaps there was a lack of communication as to what the decision was. There was no indication on the part of the Council that there was a desire to change the bond counsel to a firm other than the Dorsey & Whitney firm. 4. Deer Creek Redpath said he had spoken with some of the homebuyers in Deer Creek and the problems with Ruscon are not totally resolved yet. Steve Brown, 8701 Eden Prairie Road, said he has a relative who is a buyer. He said even if Ruscon gets the prospective buyers into their homes in the next three weeks it dces not negate what it has done to the buyers in the past four months. Bentley said he felt very uncomfortable discussing this matter without a representative of Ruscon homes present for rebuttal. City Attorney Pauly said if the matter is being discussed it is a matter of context -- if it is being discussed in regards to a zoning matter in another part of the City that would not be right; if it is being discussed in terms of a complaint and asking what the City can do, then it might be appro- priate. Edstrom said he had been abstaining on consideration of the Woodlawn Heights proposal. He felt that the Deer Creek matter is a separate problem and has nothing to do with the Woodlawn Heights rezoning, Brown said he thought Ruscon had misled the Council; Oaks performance in the past two weeks has been very poor. No one has moved into their homes and for some it has been four months since they have had a home of their own in which to live. Redpath said Deer Creek is a good project and has good homes, He does not know how far the City can go in enforcing contracts; but he would like to be certain this does not happen again. City Attorney Pauly will review how the City can review the performance of contractors, City Council Minutes -8- November 16, 1982 5. MTC Routes Edstrom said he had read a recent article which stated the City of Plymouth was withdrawing from MTC service. Bentley said as a prelude to the Rideshare program, Staff from MTC had been invited to speak. At that time MTC representatives said there would be no money available to expand any type of bus service to and within Eden Prairie. Bentley said that the City would have to prove it would spend the same number of dollars on an alternative system and this plan would have to be approved by MTC. Edstrom suggested Staff and the Chamber of Commerce Transportation Committee contact Plymouth to see what they are doing. Bentley said as incoming president of the Chamber of Commerce he would be happy to take that under advisement with the Chamber. Don Sorensen, 7121 Willow Creek Road, said it was his understanding that action on withdrawing from MTC service had to be done by a certain date. MOTION: Bentley moved, seconded by Penzel, to refer the MTC bus route matter to Staff for review and discussion. Motion carried unanimously. 6. Minnesota Waste Management Board Meeting A meeting of the Minnesota Waste Management Board will be held on Thursday, November 18, 1982, at 7 p.m. at Minnetonka Senior High. Penzel said notices have been sent to all property owners within the general area under consideration for a site with the hope they will attend the meeting. Redpath said he had read where "emotion or political pressure" would not play any part in the ultimate decision. Bentley asked if anyone would be attending the Association of Metro- politan Municipalities meeting that same evening. The consensus was there were other prior commitments and no one was available. B. Report of City Manager 1. Policy setting deposit requirements for public improvement petitions' ' City Manager Jullie referred to his memorandum of November 9, 1982, in which he addressed the issue of deposits with public improvement petitions. Penzel asked if a 5% deposit would be enough. Director of Public Works Dietz said it would in most cases. MOTION: Redpath moved, seconded by Bentley, to direct Staff to put into effect the deposit requirement. Motion carried unanimously. Ct," City Council Minutes -9- November 16, 1982 2. Consideration to eliminate mini-rinks in four locations (formerly V . B . ) Lambert explained the rationale for el i m i n a t i n g t h e m i n i - r i n k s . T h e main reason was the lack of use and th e m a n p o w e r s p e n t m a i n t a i n i n g these rinks. With the Community Center a n d t h e o t h e r o u t d o o r r i n k s w h i c h have lights, warming houses, and atten d a n t s t h e r e i s n o t t h e n e e d f o r t h e mini-rinks that there once was. MOTION: Tangen moved, seconded by Red p a t h , t o a p p r o v e t h e S t a f f r e c o m m e n d a - tion in regard to elimination of mini - r i n k s . M o t i o n c a r r i e d u n a n i m o u s l y . C. Report of City Attorney 1. 1st Reading of Ordinance No. 16-82 , p e r m i t t i n g g y m n a s t i c s u s e i n a n industrial district MOTION: Redpath moved, seconded by Ben t l e y , t o s e t a P u b l i c H e a r i n g for December 7, 1982, regarding an Ord i n a n c e t o p e r m i t g y m n a s t i c s u s e in an industrial district. Motion carr i e d u n a n i m o u s l y . D. Report of Director of Public Works 1. Award contract for I.C. 51-308-11 ( n o r t h e a s t q u a d r a n t / M C A r o a d s y s t e m ) (Resolution No. 82-259) Director of Public Works Dietz said th e l o w b i d o n t h e c o n t r a c t w a s i n the amount of $3,782,476.29 by Shafer C o n t r a c t i n g C o m p a n y , I n c . MOTION: Redpath moved, seconded by Ed s t r o m , t o a d o p t R e s o l u t i o n N o . 82-259, accepting the bid for I.C. 5 1 - 3 0 8 A - I I . R o l l c a l l v o t e : B e n t l e y , Edstrom, Redpath, Tangen and Penzel vot e d " a y e . " Motion carried unanimously. , XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Redpath moved, seconded by Ta n g e n , t o a d j o u r n t h e m e e t i n g a t 1 0 : 4 3 p . m . Motion carried unanimously. The following items, referred to in the November 16, 1982, Minutes of the City Council, are on file in the Office of the City Clerk as attachments to those Minutes: 1. Letter of November 16, 1982, from J.P. Wilkie, President, Willow Creek Road Association. 2. November 12, 1982, Memorandum from City Manager Carl J. Jullie to the Mayor and City Council with attached letter and statement from John Reeve. 3. Resolution No. 82-262 and Exhibit A regarding the Tax Increment Financing District. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST • December 7, 1982 PLUMBING Alden Plumbing, Inc. All-American Mechanical, Inc. Ra y Ste g ora These licenses have been approved b y the department heads responsible for the licensed activit y . (—) ,4-6--k-u-- 0Tic So-lie, -Licensin g 2 22/ November 2, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 15-82 BE IT ORDAINED by the Eden Prairie City Council that the following street shall be renamed: Flying Cloud Drive between Valley View Road and Shady Oak Road Renamed to Bryant Lake Drive. First read at a regular meeting of the City Council of the City of Eden Prairie on November 2, 1982, and finally read, adopted, and ordered published at a regular meeting of the Council of said City on the 16th day of November, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 22 7'7 CHANGE ORDER DOCUMEN1 C701 OWNER ARCIII I [CT C ON1RACTOR FIELD OTHER PROJECT: (name, address) TO (Contractor) EDEN PRAIRIE CITY SERVICES City of Eden Prairie — City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 AR KAY CONSTRUCTION COMPANY 620 North County Road 18, Suite 189 Minneapolis, Minnesota 55427 CHANGE ORDER NUMBER: 4 —1 ARCHITECT'S PROJECT NO: 475,1 CONTRACT FOR: $2,345,300.00 L i CONTRACT DATE: June 29, 1982 You are directed to make the following changes in this Contract: 1. Additional fire alarrn equipment (requested by Eden Prairie) + $ 6,840.00 2. Empty conduit for site lighting (requested by Eden Prairie) + 2,508.00 3. Add two (2) 2 1/" PVC to antenna location (requested by Eden Prairie) + 922.00 4. Change ceiling material from wood to Gyp. Boad in Maintenance Bldg. (requested by Eden Prairie Inspectors) — — 1,464.00 5. Relocate fire hydrant and light pole at Fire Station entry (requ. by Architect)+ 3,804.00 6. Rough-in for future toilet in Maintenance Building (reg. by E.P. Bldg. Dept.)+ 438.00 7. Increase width and curb radii to entry of Public Safety Bldg. (req. by E.P.) + 1,066.00 8. Increase curb radii at entry to Water Works (requested by Eden Prairie) 7 + 384.00 9. Security Hardware changes (requested by Dept. of Corrections) • + 968.00 10. Reroute the sanitary sewer in the Maintenance Building(requested by 525.00 Health Department) 11. Hook up kitchen equipment purchased by Eden Prairie (req. by Eden Prairie)+ 283.00 12. Eden Prairie to accept Deduct Alt. No. 6 to omit Flag Pole and its lights — 3,500.00 13. Concrete Block, west wall of Rooms M5 and M6 (eyed up 1' cast of that shown on Drawings 1,823.00 TOTAL ADDED TO THE CONTRACT + $10,951.00 REFERENCES: SEE ATTACHED SHEET. The original Contract Sam was $ 2,345,300.00 Net ( range hs pre\ rote. Change Orders S 12,319.00 The Contract Sum prior to this Elr.rrrge order was S 2,357,619.00 The Contract Sum rid! (Increosetil ...tcsxmitri.xkx,xkxxxIC by this Change Order .4 $ 10,951.00 The new Contract Sum including this Change Older will be 2,368,570.00 The Contract 1 !me will be xxxxxx)ikki<Xxxxxk lunchanged) by f 1 Days. The Date of Completion as of .the date of this Change Order therefore is unchanged. INTERDESIGN INC, Ara [Cl .1409 Willow Street. Address Minneapolis MN 55403 117b" DATE Npvembet 11.1982 . ARKAY CONS1RUCT ION COMPANY CITY OF EDEN PRAIRIE _ ON1RM TOR OWNIR 620 No. County Rood 18, Suite 189._ .8950 Eden Prairie Road . Address Address _Minneapolis, AIN:35427 _Eden Prairie, MN 55344 us. -- William C. Fltise - 1?A11 November ( 2- 1982. _. _DAT November_ _ , 1982._ CIA DO( L'CII (.-01 • ( ri1s.(,, iW,lir • !VT • NIA. • •9 11, • lilt •[•110, '\',H [ 1[ al Ai r iiiIs 1; \ ,r 1[,/11, A \ NW. 0 11•11[ ION, at :1 4% 22:7Z, ON( PAU Eden Pc airie City Services, 475.1 11,11/82 REFERENCE LETTERS — CHANGE ORDER NO.4 1. Arkay to InterDesign Arkay to InterDesign LWSM to InterDesign Memo, LWSM 2. Arkay to InterDesign InterDesign to Arkay 3. Arkay to InterDesign Arkay to InterDesign InterDesign to Arkay 4. Arkay to InterDesign 5. Arkay to InterDesign Arkay to InterDesign Say Electric to Arkay InterDesign to Arkay 6. Arkay to InterDesign Horwitz to InterDesign CO. Carlson to Horwitz Arkay to InterDesign InterDesign to LWSM (2) InterDesign to Arkay LWSM to Arkay InterDesign to Eden Prairie Arkay to InterDesign 7. Arkay to InterDesign InterDesign to Arkay Inter Design to Arkay InterDesign to Eden Prairie 8. Arkay to InterDesign InterDesign to Arkay 9. Arkay to InterDesign Arkay to InterDesign 10. LWSM to InterDesign D.O.H. to LWSM Arkay to InterDesign LWSM to InterDesign D.O.H. to Eden Prairie 11. Arkay to InterDesign Eden Prairie to Arkay InterDesign to Arkay 12. InterDesign to Arkay 13. Arkay to InterDesign _Dated 10/04/82 9/21/82 8/13/82 7/09/82 7/29'82 7/09/82 10/04/82 9/21/82 7/29/82 9/23/82 10/04/82 9/21/82 9/16/82 8/26/82 10/15/82 10/07/82 10/28/82 10/04/82 8/26/82'- 8/26/82' 8/31/82 9/07/82 9/21/82 10/20/82 9/15/82 9/07/82 9/07/82 9/21/82 9/24/82 10/04/82 9/04/82 10/19/82 10/14/82 10/04/82 9/21/82 90 3/82 10/15/82 9/1 7/82 9/27/82 10/06/82 10/20/82 December 2, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-267 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING I.C. 52-034 WHEREAS, a report has been given by the City Engineer to the City Council on*Decomber 7, 1982, recommending the following improvements to wit: I.C. 52-034, Pioneer Trail Utilities NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Sect. 420-011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the 18 day of January, 1983, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on December 7, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk 2z 90 The following is the full text of the City of Eden Prairie Ordinance No. 7-82 which v.'as adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on . _, 1982. Following the text of the Ordinance, the Developer's Agreement, which - is incorporated therein by Section 5 of the Ordinance, . and the Owner's Supplement, which is incorporated therein by Section 6 of the Ordin a n c e , re summarized. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-82 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND I N EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 11.99 WHICH, AMOUNG OTHER THINGS, CONTAIN PENALTY 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 Public 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 Public District, and the legal descriptions of land in each District referred to in the Cit y Code, Section 11.03, Subdivision 1, Subparagraph B, shall be and is amended accordin g l y . Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.9 9 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by referenc e , 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 , 1982, entered into between the County of Henhepin • and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. The land shall be subject to the terms and conditions of that certain • Owner's Supplement Agreement dated as of , 1982 entered into between 6: David Victor Anderson, Beulah Ann Anders670 -erTi-F—T—P-61mes , and Nancy Elizabeth Holmes and the City of Eden Prairie, which Supplement Agreement is hereby made a part here o f . Section 7. 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 2 day of Nov. , 1982, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: aohn D. Franc, City Clerk PUBLISHED in the Eden Prairie News on the day of , 19__. 2.2.q Eden Prairie Public Library DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1982 by and between COUNTY OF HENNEPIN, a body politic and corporate, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City," WITENESSETH: WHEREAS, Owner has applied to City to rezone from Rural to Public approximately 2.51 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property," and . WHEREAS, Owner desires to develop the property as a 10,000 sq. ft. public library facility, NOW, THEREFORE, in consideration of the City adopting Ordinance No. 7-82 and Resolution No. 82-250, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated 8/25/82 reviewed and approved by the City Council on 11/2/82 and attached hereto as Exhibit B subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of the following terms, covenants, agreements, and conditions set forth in Exhibit C, items: I, II,V, VI.B, VII, VIII, XI!, XIII, and —XIV, attached hereto and made a part hereof. 229'2- Developer's Agreement-Eden Prairie Public Library page 2 3. Owner shall, in accordance with the specifications of the City Engineer, and concurrent with street and utility construction, construct a 5 foot wide and 5 inch deep concrete sidewalk with let down curb and gutter within the right-of-way and south of the driving surface of Prairie Center Drive as depicted in red on Exhibit B. 4. Owner shall, prior to building permit issuance, submit a detailed site plan to the Planning Commission and obtain the Planning Commission's approval thereof. Such plan shall include but not be limited to screening and landscaping, building elevations, access drive locations, internal pathways or sidewalks, parking, and site grading. . 2 Developer's Agreement-Eden Prairie Public Library page 3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE by Wolfgang H. Penzel, Mayor by Carl J. Jullie, City Manager STATE OF MINNESOTA) ) SS. COUTNY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1982 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public COUNTY OF HENNEPIN by STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1982 by the of the County of Hennepin, a body politic and corporate. Notary Public .2:)94./ LEGAL DESCRIPT)ON OF PROPOSE) LIBRARY SITE That part of the North Half of the Southwest Quarter of the Southeast of Section 14, Township 116, Range 22, described as follows; Caaaancing at the Northeast corner of said North half of the Southwest Quarter of the Southeast Quarter; thence on an assumed bearing of South 00 degrees 43 minutes 13 seconds East a distance of 326.74 feet; thence South 08 degrees 10 minutes 44 seconds West a distance of 175.00 feet to the actual point of beginning of the .land to be herein described; thence"SbOth 53 degrees 37 minutes 19 seconds East a distance of 56.38 feet; thence South 13 degrees 52 minutes 42 seconds East a distance of 300.00 feet; thence South 88 degrees 10 minutes 44 seconds West a distance of 375.00 feet; thence North 00 degrees 58 minutes 50 seconcisst a distance of 328.28 feet; thence -North 88 degrees 10 minutes 44 secondS East a distance of 263.20 feet to the actual point of beginning and there terminating. EXHIBIT A 22 ')S 27'1)( • DC-IIDIT B. Eden Prairie Public Library Supplement OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN COUNTY OF HENNEPIN AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1982 by and betdeen David Victor Anderson and Beulah Ann Anderson, husband and wife, and Benson V. Holmes and Nancy Elizabeth Holmes, husband and wife, hereinafter referred to as "Owner" and the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as "City," For, and in consideration of, and to induce City to adopt Resolution 82-250, which adopts the preliminary plat of Owners' ten-acre property, such property being described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the Owners' property," and adoption of Ordinance 7-82 which changes the zoning of 2.5 acres of the property. Said 2.5 acre parcel referred to as County of Hennepin property more fully • described in that certain Developer's Agreement entered into as of , 1982 by and between the County of Hennepin and City, Owners agree with City as follows: 1. If the County of Hennepin fails to commence development in accordance with the Developer's Agreement within the time provided in paragraph VII of said Agreement, Owners for themselves, successors, heirs, and assigns, will not oppose the rezoning of the property to Rural. 2. Owner agrees that it will not develop the County of Hennepin property in a manner inconsistent with the terms of the above described Ihveloper's Agreement. In the event that Owner transfers the County of Hennepin property, Owners agree to obtain an agreement from the transferee stating that the County of Hennepin property shall not be developed in a manner inconsistent with the above-described Developer's Agreement. 12 q1 Owners Supplement-Eden Prairie Public Library Page 2 3. Owners shall plat the Owners' property in conformance with the matririal dated 8/25/82 reviewed and approved by the City Council on 11/2/82 and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 4. Owner shall convey by final plat that part of the Owners' property shown as right-of-way adjacent to Franlo Road as depicted on Exhibit B to the City. Owners shall not grade or construct upon the right-of-way nor shall permit others to so grade or construct. 5. Owners acknowledge that Lot 1 of the property will be subject to cash park fee payment as per City Code. The amount to be paid shall be increased or decreased to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construc- tion on the property. OWNER: David Victor Anderson Beulah Ann Anderson Benson V. Holmes Nancy Elizabeth Holmes STATE OF )S S. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1982 by Notary Public 22217 Owners Supplement Eden Prairie Public Library page 3 CITY OF EDEN PRAIRIE Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of , 1982 by Wolfgang H. Penzel, Mayor, and Carl J. Jullie, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public 2299 10 ACRE HOLMES / ANDERSON PROPERTY That part of the North half of the Southwest Quarter of the Southeast Quarter of Section 14, Township 116 North, Range 22 West of the Fifth Principal Meridian, lying South of the following described line: Beginning on the East line of said North half of the Southwest Quarter of the Southeast Quarter distant 326.74 feet South of the Northeast corner thereof; thence West parallel to the South line of said North half of the Southwest Quarter of the Southeast Quarter to the West line there- of and there terminating. Hennepin County, Minnesota and of all visible encroach- ments, if any, from or on said land. 2.51 ACRE COUNTY OF HENNEPIN PROPERTY That part of the North Half of the Southwest Quarter of the Southeast of Section 14, TOwnship 116, Range 22, described as follows; Conrencing at the Northeast corner of said North half of the Southwest Quarter of the Southeast Quarter; thence on an assumed bearing of South 00 degrees 43 minutes 13 seconds East a distance of 326.74 feet; thence South 88 degrees 10 minutes 44 seconds West a distance of 175.00 feet to the actual point of beginning of the ..land to be herein described; thence South53 degrees 37 minutes 19 seconds East a distance of 56.38 feet; thence South 13 degrees 52 minutes .42 seconds East a distance of 300.00 feet; thence South 88 degrees 10 minutes 44 seconds West a distance of 375.00 feet; thence North 00 degrees 58 minutes 50 seconds West a distance of 329.28 feet; thence North 88 degrees 10 minutes 44 seconds East a distance of 263.20 feet to the actual point of beginning and there tenninating. EXHIBIT A V0 0 EOM 8/25/82 - TRANtO ROAD' Eden Prairie Public Library CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-266 A RESOLUTION APPROVING THE SUMM A R Y OF ORDINANCE 7-82 AND ORDERING T H E PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 7-82 was a d o p t e d a n d o r d e r e d p u b l i s h e d a t a regular meeting of the City Coun c i l o f t h e C i t y o f E d e n P r a i r i e o n t h e day of , 198 2 , NOW, THEREFORE, BE IT RESOLVED B Y T H E C I T Y C O U N C I L O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of O r d i n a n c e 7-82, which is attached hereto, is approved; and the Ci t y C o u n c i l f i n d s t h a t s a i d t e x t clearly informs the public of t h e i n t e n t a n d e f f e c t o f s a i d o r d i n a n c e . B. That said text shall be publish e d o n c e i n t h e E d e n P r a i r i e News in a body type no smaller t h a n b r e v i e r o r e i g h t - p o i n t t y p e , as defined in Minnesota Statute, S e c t i o n 3 3 1 . 0 7 . C. That a printed copy of the Ordi n a n c e s h a l l b e m a d e a v a i l a b l e f o r inspection by any person during r e g u l a r o f f i c e h o u r s a t t h e o f f i c e of the City Clerk and a copy of t h e e n t i r e t e x t o f t h e O r d i n a n c e shall be posted in the City Hal l . D. That Ordinance 7-82 shall be re c o r d e d i n t h e o r d i n a n c e b o o k , along with proof of the publica t i o n r e q u i r e d b y p a r a g r a g h B herein, within twenty days after s a i d p u b l i c a t i o n . ADOPTED by the City Council on , 1982. Wolfgang H. Penzel, Mayor SEAL ATTEST: Toh-6-67 -TrTiw7(1 -6 -i:k "7 / .vary of Developer's Agree7ont: Developer will develop the land as descrit:ed in Exhibit B, w h i c h i s a t t a c h e d ohd incorporated in the Developer's Agreement. in addition, th e D e v e l o p e r ' s . , Agl .,..e:wot provides for: I. Construction of a sidewalk south of the driving surface o f P r a i r i e Center Drive as depicted on Exhibit B to the Developer's Agree m e n t . 2. Submission of a detailed site plan to the Plannning Comm i s s i o n . a Submission to the City Engineer of .a development plan for the land: 4. Submission to the Watershed District storm sewer constructio n p l a n s . Developer to follow the rules and regulations of said Water s h e d D i s t r i c t . 5. Construction and maintenance of public improvments which ar e t o b e conveyed to the City as well as preservation and restoratio n o f a r e a s surrounding said improvements. Submission of a bond or l e t t e r o f c r e d i t to ensure the quality of said construction, maintenance,:preservation and restoration. 6. Payment to the city of first three year lighting fees.,,7 7. Developer's commitment not to oppose rezoning if Develope r f a i l s t o p r o r e e d in accordance with the Developer's Agreement within months. 8. Application of the Developer's Agreement to transferees of t h e l a n d . 9. City's remedies in the event that Developer violates the pro v i s i o n s o f the Developer's Agreement. 10. Notice to the City's cable franchise. Sugnary of Nner's Supplement of Developer's Agreement: (hoer will develop the property which is described in Exhib i t B i n a c c o r d a n c e with Exhibit B attached to and incorporated in the Developer ' s A g r e e m e n t . In addition, the Nner's Supplement Developer's Agreement prov i d e s f o r : 1. Owner agrees not to oppose rezoning back to Rural if the Cou n t y o f Hennepin fails to ccy.rence development in accordance with th e D e v e l o p e r ' s Agreement within 48 months. 2. Owner and Owner's transferees agreement not to develop in a m a n n e r inconsistent with the Developer's Agreement. 3. Payment to the City of cash park fees on lot 1. 4. Application of Owner's Supplement to transferees. Notice: A printed copy of this ordinance is available for in s p e c t i o n b y a n y person during regular office hours at the office of the C i t y C l e r k . December 2, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RI-SOLOMON NO. 82-268 A RESOLUTION APPROVING FINAL PLAT OF HOLMES ANDERSON WHEREAS, the plat of Holmes Anderson has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C1TY OF EDEN PRAIRIE: A. Plat Approval Request for Holmes Anderson is approved upon compliance with the recormnendation of the City Engineer's Report on this plat dated November 30, 1982. _ B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by NSA 462.358, Subd. 3. That the City Clerk is hereby directed to supply a certified copy , of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPlED by the City Council on December 7, 1982. Wolfgang H. PerTiel, Mayor ATTEST: SEAL John D. Frrie,Clert 236I CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David Olson, Engineering Technician DATE: November 30, 1982 SUBJECT: Holmes Anderson Addition PROPOSAL: The County of Hennepin has requested City Council approval of the . final plat of Holmes Anderson Addition. The plat area contains approximately 10 acres of which approximately 2.5 acres (Lot 2, Block 1) will be used to construct a County library. Roadway dedications will also be provided with this plat. HISTORY: The preliminary plat was approved by the City Council on November 2, 1982, per Resolution #82-250. Zoning of 2.51 acres (Lot 2, Block 1) to PubTfc is. scheduled for final reading by the City Council on December 7, 1982, (Ordinance #7-82). Lot 1, Block 1, will be rezoned as development occurs. The Developer's Agreement and Supplement to Developer's Agreement referred to within this report are scheduled for execution on December 7, 1982. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: The requirements for the installation of utilities and streets are covered in the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Holmes Anderson Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of cash deposit for street lighting in the amount of $397.80. 2. Receipt of Engineering foes in the amount of $100.00. 3. Execution of the Developer's Agreement and Supplement to Developer's Agreement. 7.3JS December 2, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.82-269 A RESOLUTION APPROVING FINAL PLAT OF VALLEY PLACE WHEREAS, the plat of Valley Place has been sub- mitted in the manner required for platting land •nder•the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF .EDEN PRAIRIE: A. Plat Approval Request for Valley Place is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated December 2, 1982. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on December 7, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL :John D. Frane, Clerk 2 21 )6) CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: FROM: • DATE: SUBJECT: PROPOSAL: HISTORY: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works David Olson, Engineering Technician December 2, 1982 vu_l_p PLACE The developer, Valley Place Offices Associates, have re q u e s t e d C i t y Council approval of the final plat of Valley Place. The p l a t c o n t a i n s approximately 4.1 acres to be divided into 4 lots. The p r o j e c t presently is under condominium ownership and approval of t h i s p l a t will allow separate ownership of lots and buildings. Zoning to Office was finally read and approved by the Cit y C o u n c i l on May 14, 1981, per Ordinance #81-08. The preliminary plat was approved by the City Council on N o v e m b e r 2 , 1982, per Resolution 82-254. The Developer's Agreement and a Supplement to the Develo p e r ' s Agreement were executed on May 14, 1981, and will apply t o t h i s p l a t . VARIANCES: Variances to be allowed are described in the Developer's A g r e e m e n t . All other variance requests must be processed through th e B o a r d o f Appeals. UTILITIES AND STREETS: The utilities, streets, and parking areas within this pl a t w i l l b e privately owned and maintained per the "Agreement and De c l a r a t i o n . of Covenants, Conditions and Restrictions and Reserva t i o n o f E a s e - ments for Valley Place Offices". The City will assume ownership and maintenance responsib i l i t e s f o r the sanitary sewer system located within the drainage a n d u t i l i t y easement shown along the easterly portion of the plat. PARK DEDICATION: The requirements for park dedication are covered in the D e v e l o p e r ' s Agreement. BONDING: Utilities and streets within the plat will be privately o w n e d a n d maintained, therefore bonding will not be required. RECOMMLNDATION: Recommend approval of the final plat of Valley Place subj e c t t o t h e requirements of this report, the Developer's Agreement, an d t h e f o l l o w i n g : 1. Receipt of Engineering fees in the amount of $100.00. 2. Approval of cross easements and covenants for ingress an d e g g r e s s on the private roadway. ,1 ' 2/30 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-270 RESOLUTION AUTHORIZING LIMITED USE PERMIT WHEREAS, a proposed improvement of Prairie Center Drive requires construction of an underpass through Interstate 494 right-of-way; WHEREAS, the Minnesota Department of Transportation has prepared a permit which specifies the responsibilities governing the construction; and WHEREAS, the requirements are deemed to be acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: The Mayor, City Manager, and City Attorney are authorized to execute the Limited Use Permit for the work specified above and designated as S.P. 2785 (494=393) 907. ADOPTLD by the Eden Prairie City ,Council on December 7, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D, Franc, City Clerk 2307) S.P. 2785 (494=393) 907 Jct. 494 & Prairie Center Drive STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT In accordance with Minnesota Statutes 161.434 and Federal Aid Highway Program Manual, Volum VII, Chapter 4, Section 1, a l i m i t e d use permit is granted to the City of Eden Prairie (hereinafter re f e r to as the City), to enter upon highway right of way of Interstate 4 9 4 from Trunk Highway 169 (494 Station 80 plus 00) to 1 mile east o f s a i d intersection (494 Station 30 plus 00) for the purpose of contruc t i n g City Project No. 51-308A-2. The construction of said city projec t will be inconformance with construction plans as approved by the Minnesota Department of Transportation and the Federal Highway Administration. This permit covers those lands as shaded in red o n Exhibit "A" attached hereto and all work to be performed pursua n t t o this permit shall be in accordance with the following special provisions. SPECIAL PROVISIONS 1. This permit is granted solely for the purpose of construction of Prairie Center Drive and the adjoining frontage r o a d s and bridges as specified in the plans on file in the Mn/DOT Dis t r i c t Office. 2. The City shall at its own expense provide any and all traffic control divices including the use of traffice control personnel deemed necessary by Mn/DOT pursuant to the Manual Unif o r m Traffic Control Divices, Appendix B. Sheet 1 of 4 ,i;jcip 3. This permit is non-exclusive and is granted subject to the rights of others including but not limited to utilities which may occupy Mn/DOT right of way. 4. This permit is granted for a period of two years and is renewable for an additional two year period upon mutual consent of both partys of this agreement. The two year extension period is subject to cancellation by Mn/DOT upon giving written notice to the city 60 days before the effective day of cancellation. 5. The City shall notify Mr. C. E. Weichselbaum, District State Aid Engineer at 545-3761, at least one week prior to starting construction so State inspection may be arranged, and for approval of all highway materials prior to their placement. Tile total installation shall meet Mn/DOT specifications, with traffic control .ind access control approved by the Federal Highway Administration. 6. The City shall be responsible for securing any and all applicable permits or releases from governmental agencies having jurisdiction of the type of work covered by this permit. The work to be done shall be in accordance with the following: aj It is expressly understood that this permit is issued subject to the applicants compliance with the Rules and Regulations of the Minnesota Environmental Quality Council. b) The applicant shall perpetuate all existing drainage and provide erosin control during construction. c) While working within the State's right of way, all persons shall wear Mn/DOT approved hard hats and flourescent orange safety vests. d) Lane closures will only be permitted between the hours of 9:00 A.M. and 3:00 P.M. e) No work which will restrict or interfere with traffic shall be performed between 12:00 noon on the day preceding and 9:00 A.M. on the day following any consecutive combination of a Saturday, Sunday and legal holiday without written permission from the District State Aid Engineer. f) Noise abatement will be provided for in accordance with Federal Regulations at the following locations: Station 67+20, 165 feet left E.B. 494 and Station 70+00, 260 feet left E.B. 494. g) The inslope along the collector distributor lanes shall be 3:1 or flatter. 7. The City will hold harmless and indemnify the State of Minnesota its Commissioner of Transportation and its employees from liability and claims for damages because of bodily injury, death, property damage, sickness or loss and expense arising from the City's operation on the portion of highway right of way over which this permit is granted. 8. The City its heirs, personal representatives, successors in interest and assigns agrees to abide the the provisions of Title IV of the Civil Rights Act of 1964. RECOMMENDED FOR APPROVAL PERMIT ACCEPTED BY THE CITY OF EDEN PRAIRIE District Engineer CHAIRMAN OF CITY COUNCIL Minnesota Department of Transportation Date Date APPROVED BY: COMMISSIONER OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION BLDG. ST . PAUL, MINNESOTA 55155 By Director, Right of Way Operations Date City Administrator Date City Attorney Date ,z 311 December 2, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-273 A RESOLUTION APPROVING FINAL PLAT OF RED ROCK LAKE 3rd ADDITION WHEREAS, the plat of Red Rock Lake 3rd Addition has been sub- mitted in the manner required for platting land .eider the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have'been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • EDEN PRAIRIE: A. Plat Approval Request for Red Rock Lake 3rd Addition is approved upon compliance with the reconrendation of the City Engineer's ' Report on this plat dated November 23, 1982. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by NSA 462.358, Subd. 3. t. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subiividers of the above named plat. D. That the Mayor and City Manager are hereby authori2ed to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on December 7, 1982. ATTEST: SEAL -John D. Franc, Clerk Z312- CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David Olson, Engineering Technician DATE: November 23, 1982 SUBJECT: Red Rock Lake 3rd Addition PROPOSAL: Mr. J.L. Sirens is requesting City Council approval of the final plat of Red Rock Lake 3rd Addition. Approval of this plat will facilitate a lot line correction made necessary by the incorrect placement of the existing home located upon Lot 1. The dedication of rIght-of-way for Summit Drive will also be accomplished. HISTORY: Zoning to RI-22 was approved in 1969 through the adoption of Ordinance No. 135. ::-. :7 The preliminary plat was approved by the City Council on May 4, 1982, per Resolution No. 82-80. A Developer's Agreement will not be executed for this plat. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities are not available to the site at this time. A permanent roadway will be installed when utility service is provided. PARK DEDICATION: Park dedication must conform to the requirements of the Community Services Department. BONDING: Bonding will not be required. RECOMMENDATION: Recommend approval of the final plat of Red Rock Hills 3rd Addition subject to the requirements of this report and the following: 1. Receipt of fee for City Engineering services in the amount of $120.00. 2.32 CITY OF EDEN PRAIRIE December 7, 1982 HENNEPIN COUNTY, MINNESOTA RESON1ION NO. 82-275 A RESOILITION APPROVING FINAL PLAT OF CARDINAL CREEK 3rd ADDITION WHEREAS, the plat of Cardinal Creek 3rd Addition has been sub- mitted in the manner required for platting land .eider the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE -C-1TY OF .EDEN PRAIRIE: A. Plat Approval Request for Cardinal Creek 3rd Addition is approved upon compliance with the reconnendation of the City Engineer's Report on this plat dated November 30, 1982. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by NSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. 00P1ED by the City Council on December 7, 1982. Wolfgang H. Penuel, Mayor - ATTEST: SEAL "John D. Frane, Clerk --- 2 3/q CITY OF EDEN PRAIRIE TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David Olson, Engineering Technician DATE: November 30, 1982 SUBJECT: Cardinal Creek 3rd Addition PROPOSAL: The developer, Gustafson and Associates, has requested City Council approval of the final plat of Cardinal Creek 3rd Addition, located east of and adjacent to Cardinal Creek 2nd Addition in the South of Section 3. This division will consist of 17 duplex lets and ' one triplex lot for a total of 37 units. HISTORY: The preliminary plat was approved by the City Council on June 1, 1982, per Resolution #82-100. Zoning to RM 6.5 was finally read and approved by the City Council on June 15, 1982, per Ordinance #82-11. The Developer's Agreement referred to within this report was executed on June 15, 1982. VARIANCES: Variances to be allowed are described in the Developer's Agreement. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and streets will be installed in conformance with City Standards and the requirements of the Developer's Agreement. PARK DEDICATION: . The requirements for park dedication are covered in the Developer's Agreement. Outlots A and C will be conveyed to the City via Warranty Deed concurrent with recording the final plat. A walkway easement will be necessary along the rear lines of Lots 1 through 3 to provide access to the City Park property. The easement documents must be provided to the City in recordable form prior to release of the final plat. BONDING: The requirenents for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recomend approval of the final plat of Cardinal Creek 3rd Addition subject to the requirments of this report, the Developer's Agreement, and the following: 1. Receipt of cash deposit for street lighting in the amount of $1591. 2. Receipt of cash deposit for street signs in the amount of $145.00. December 2, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-274 RESOLUTION RECEIVING 100% PETITION AND ORDERING IMPROVEMENTS FOR CARDINAL CREEK 3rd ADDITION BE IT RESOLVED of the Eden Prairie City Council: 1. The owners of 100% of the real property abutting u p o n a n d to be benefitted from the proposed streets and utilit i e s h a v e petitioned the City Council to construct said impr o v e m e n t s and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3 and upon recom m e n d a t i o n o f the City Engineer, said improvements are hereby or d e r e d a n d s u c h work shall be added, per the unit bid prices, to Im p r o v e m e n t Contract I.C. 52-042. ADOPTED by the City Council of the City of Eden Pra i r i e on December 7, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 231(.0 Jeffery P. Gustafson, President Phone 927-4127 By Alustafson & aociatas, Inc. tafsori, President . CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property d e s c r i b e d below and herein petition for the Eden Prairie City Council t o p r o c e e d with making the following described improvements: (General Location) X Sanitary Sewer Proposed Cardinal Creek 3rd Addition — — — X Watermain lying Easterly of the existing Cardinal X •Stone Sewer Creek 2nd Addition , in Section 3, T. X Street Paving 116, R. 22 Other _ Pursuant to N.S.A. 429.031, Subd. 3, the undersigned hereby w a i v e any public hearing to be held on said improvements, and further s t a t e a n d agree that the total cost of said improverents shall be spec i a l l y a s - sessed against the property described below in accordance wi t h t h e City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements i s Street Address or other Legal Description of Property to be Served See attached legal description Names and addresses of Petitioners (Must be owners of record) Gustafson & Associates Company 4015 West 65th Street Edina, Mn. 55344 (For City Jse) Date Received _j4/c,amet.L. ?5,3267.., Project No. 2 2,11 comic Cori i de; at ion 4..' -RON KRUEGER & ASSOCIATE, INC. i REGISTERED LAND SURVEYORS 8140 FLYING CLOUD DRIVE, EDEN PRAIRIE, MN 55344 PHONE 612.941-3030 / X LEGAL DESCRIPTION That part of the East Half of the Southeast Quarter of Section 3, Township 116, Range 22, lying Northeasterly and Easterly of the centerline of Nine Mile Creek, and lying Southerly of the following described line: Beginning at the most Easterly corner of lot 4, Block 1, Cardinal Creek 2nd Addition; thence Northeasterly along the Northeasterly extension of the Southeasterly line of said Lot 4, a distance of 160.00 feet; thence Easterly to a point on the East line of the southeast Quarter of Said Section 3, a distance of 1469.90 feet North of the Southeast corner of said Southeast Quarter of Section 3, and there terminating. Containing 713726.69 Square Feet (16.38 Acres) TO: Mayor and City Council FROM: John D. Franc, Finance Director DATE: December 2, 1982 RE: Donald Russ M.I.D.B. - $1,350,000 Donald Russ intends to sell his building to a partnership which will be the general partner in a limited partnership called Crosstown I Office Building Limited Partnership. The bonds were issued in 1980. The project is about 95% leased at present with one tenant occupying 44% of the space with a lease to 1986. One of the general partners'firms leases about 24% of the space. The lender has agreed to the transfer. Resolution 82-276 is attached to give the City's approval to the transaction. JDF:bw 12/3/82 10t- RESOLUTION OF THE CITY OF EDEN PRAIRIE PROVIDING FOR iliE APPROVAL OF AMENDMENT OF CERTAIN TERMS AND CONDITIONS OF COMMERCIAL DEVELOPMENT REVENUE BOND, SERIES 1980 (DONALD C. RUSS PROJECT) AND COLLATERAL DOCUMENTS AND APPROVAL OF TRANSFER OF THE PROJECT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Statutory _powers. Pursuant to Chapter 474, Minnesota Statutes, as amended ("AFF), the City of Eden Prairie ("City") is authorized to issue and sell its revenue bonds ("Commercial Development Revenue Bond") in anticipation of the collection of revenues for authorized projects, to finance in whole or in part, the cost of construction of authorized projects and to enter into such contracts and agreements which it may deem proper and feasible for or concerning the construction and financing of an authorized project. The City is also authorized to issue its revenue bonds to refund, in whole or in part, revenue bonds previously issued by City under authority of the Act. 2. Issuance of Commercial Development Revenue Bond, Series 1980 (Donald C. Russ Pr oic.ct). The City has issued and sold its Commercial Development Revenue Bend, Series 1980 (Donald C. Russ Project) ("Note") in the form attached hereto as Exhibit "A" and made a part hereof pursuant to Resolution No. 80-46 adopted by the City Council of the City of Eden Prairie on March 4, 1980 ("Final Resolution"), a copy of which is attached hereto as Exhibit "B" and made a part hereof, which Note was issued to pay the costs of construction and installation of an office building facility on certain real property described in the Final Resolution (said improvements and real property are hereinafter referred to as the "Project"). Preliminary approval of the Project was given by the City Council of Eden Prairie pursuant to Resolution No. 79-72 adopted by the City Council on July 17, 1979, a copy of which is attached hereto as Exhibit "C" and made a part hereof. 3. Transfer of the Project. Donald C. Russ, owner of the Project (hereinafter "Seller"), desires to sell and convey the Project to Crosstown I Office Building Limited Partnership, a Minnesota limited partnership (hereinafter "Purchaser"). Investors Syndicate of America, Inc., a Delaware corporation ("Lender"), holder of the Note, has consented to the transfer of the Project from Seller to Purchaser pursuant to certain conditions including amendment of the Note and certain of the Collateral Documents (more fully defined herein) to provide for an initial right of the holder of the Note to call the entire balance thereof due and payable on March 1, 1987, and if the Note is not called on March 1, 1987, to increase the interest rate payable on the unpaid principal balance thereof to eleven and one-fourth percent (11'l,%) per annum together with an additional option to call the entire balance of the Note due and payable on March 1, 1992. A _1_ 2 2 0 further condition of approval by Lender is that Donald C. Russ remain personally obligated ureter the Loan Agreement (more fully described herein) to repay the reloan by the City to Seller of the proceeds of the Note by making repayments directly to Lender or other holder of the Bond for the account of the City at the times and in the amounts necessary to pay in full the principal of, interest on and prepayment premium, if any, on the Note when due, at maturity or upon acceleration of maturity under the Note, the Mortgage (more fully described herein), or the Loan Agreement, together with any additional sums which may become due under the terms of the Note and Collateral Documents. 4. Documents Presented. The following proposed documents relative to the Note and the Project have been submitted to the City: (a) First Amendment to Commercial Development Revenue Note, Series 1980 (Donald C. Russ Project)("First Amendment to Note") in the form on file in the Office of the City Clerk, whereby the City and Lender agree to certain amendments to the Note; (b) First Amendment to Loan Agreement ("First Amendment to Loan Agreement") between the City, Seller and Lender, in the form on file in the Office of the City Clerk, whereby certain amendments are made to the Loan Agreement (as defined in the Final Resolution) consistent with the amendments made to the Note described above; (c) First Amendment to Mortgage and Security Agreement and Fixture Financing Statement ("First Amendment to Mortgage") in the form on file in the Office of the City Clerk, between Seller and Lender, providing for certain amendments to the Mortgage and Security Agreement and Fixture Financing Statement (as defined in the Final Resolution) consistent with the amendments to the Note and Loan Agreement described above; (d) First Amendment to Pledge Agreement ("First Amendment to Pledge Agreement") in the form on file in the Office of the City Clark, providing for certain amendments to the Pledge Agreement (as defined in the Final Resolution), whereby the City pledges and assigns its interest in the Loan Agreement, as amended, to Lender. The First Amendment to Loan Agreement, First Amendment to Mortgage, and First Amendment to Pledge Agreement shall be included in the category of "Collateral Documents", as that term is defined in paragraph 4 of the Final Resolution. Any subsequent reference in this Resolution to "Note" shall mean the Note as amended by the First Amendment to Note. 5. Findings. It is hereby found, determined and declared that: (a) The Findings of the City Council set forth in Paragraphs 3(a) and 3(b) of the Final Resolution are hereby reaffirmed. (b) Under the terms of the Note, Mortgage and Loan Agreement (as each has been amended as described above), the Note shall not be payable from nor -2- 2.:Q1 charged upon any funds other than sums payable by the Borrower under and pursuant to the Loan Agreement which are pledged to the payment of the Note, and the City is not subject to any liability thereon. No holder or holders of the Note shall ever have the right to compel any exercise of the power of the City to pay the principal, interest and premium, if any, on the Note, nor to enforce payment thereof against any property of the City. The Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. The Note shall recite in substance that the Note, including interest thereon, is payable from the revenue of the Loan Agreement pledged to the payment thereof. The Note shall further recite that it shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, and that it is issued for a project defined in Section 474.02, Subd. 1A. 6. Approval and Execution of Documents. The forms of the First Amendment to Note, First Amendment to Mortgage, First Amendment to Loan Agreement and First Amendment to Pledge Agreement, are hereby approved. The transfer of the Project by Donald C. Russ to Crosstown 1 Office Building Limited Partnership according to the terms and conditions described above is hereby approved. The City shall execute a First Amendment to Note, First Amendment to Loan Agreement and First Amendment to Pledge Agreement, each of which shall be executed in the name and on behalf of the City by the Mayor and City Manager and attested to by the City Clerk, but only upon execution thereof by the other parties thereto. The First Amendment to Note and First Amendment to Loan Agreement arid First Amendment to Pledge Agreement, shall be substantially in the form on file in the Office of the City Clerk, with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same on behalf of the City, which approval shall be conclusively evidenced by their execution thereof. Copies of the First Amendment to Note, First Amendment to Loan Agreement, First Amendment to Mortgage and First Amendment to Pledge Agreement shall be delivered and filed or recorded as may be required. The First Amendment to Mortgage and other documentation which does not require execution by the City may be revised as approved by the Seller. 7. First Amendment to Pledge Agreement. The City shall assign and pledge its rights under the Loan Agreement, as amended, to Investors Syndicate of America, Inc. through execution of the First Amendment to Pledge Agreement described above. The City does hereby consent to the reassignment of such rights to any subsequent holder of the Note, as amended; provided, however, such assignment and consent shall not operate to limit or otherwise affect the City's right to payment tinder the following sections of the Loan Agreement, as amended: Sections 2.2; 3.4; 4.1; 4.2; 4.4; 4.8; 5.4 and 6.8. 8. Execution of First Amendment to Note. The City shall issue and execute the First Amendment to Note. The First Amendment to Note shall be executed by the Mayor and City Manager, and attested to by the City Clerk, and the official seal of the City shall be affixed thereto. When executed, the First Amendment to Note shall be delivered to Investors Syndicate of America, Inc., but only upon receipt of the signed legal opinion of Thompson, Nielsen, Klaverkamp James, P.A., as to the validity and enf orcement of the First Amendment to Note, First ,Amendinent to Loan Agf eellient and First Amendment to Fledge Agreement, -3- and that the City has no liability thereo n a n d u p o n r e c e i p t o f t h e o r i g i n a l counterparts of all documents to which i t i s a p a r t y . T h e N o t e s h a l l c o n t a i n a recital that it was issued pursuant to the Ac t , a n d s u c h r e c i t a l s h a l l b e c o n c l u s i v e evidence of the validity and regularity of the i s s u a n c e . 9. Certified Copies. The Mayor, City Man a g e r a n d C i t y C l e r k a n d o t h e r City officers are authorized and directed t o p r e p a r e a n d f u r n i s h I n v e s t o r s Syndicate of America, Inc., Seller, and a n y s u b s e q u e n t h o l d e r o f t h e N o t e , certified copies of the City proceedings and r e c o r d s r e l a t i v e t o t h e N o t e , a n d s u c h affidavits or certificates as may be required t o s h o w t h e f a c t s a p p e a r i n g f r o m t h e City records, and all such certified copies, c e r t i f i c a t e s a n d a f f i d a v i t s , i n c l u d i n g any previously furnished, shall constitute r e p r e s e n t a t i o n s o f t h e C i t y a s t o t h e truth and accuracy of all statements containe d t h e r e i n . • 10. Re_gistration of Note. The City Clerk, a s N o t e R e g i s t e r , s h a l l p r o v i d e for the registration of transfer or exchange o f t h e N o t e . P r i n c i p a l a n d i n t e r e s t d u e on the Note shall be payable to the registere d h o l d e r o r r e g i s t e r e d a s s i g n s t h e r e o f . 11. Statement of Election . The City has filed a n d s h a l l m a i n t a i n t h e filing of a Statement of Election To Issue I n d u s t r i a l D e v e l o p m e n t N o t e s I n A n Aggregate Amount Exceeding $1,000,000 Bu t N o t E x c e e d i n g $ 1 0 , 0 0 0 , 0 0 0 w i t h t h e Internal Revenue Service pursuant to Section 1 0 3 ( b ) ( 6 ) ( D ) o f t h e I n t e r n a l R e v e n u e Code of 1954 (Code'), electing to apply para g r a p h ( 0 ) o f S e c t i o n 1 0 3 ( b ) ( 6 ) o f t h e Code to the issue of the Note. 12. City_Representative. Carl J. JuHie, the C i t y M a n a g e r , o r i n h i s absence, John Franc, City Clerk, is appointe d a n d d e s i g n a t e d a s t h e r e p r e s e n t a t i v e on behalf of the City, to act on behalf of the C i t y , a n d s h a l l e x e c u t e a l l d o c u m e n t s as required or provided herein and in the Loa n A g r e e m e n t , a s a m e n d e d . 13. No Litigation. No litigation of any nature h a s b e e n c o m m e n c e d against the City by service of process upo n t h e C i t y r e g a r d i n g t h e i s s u a n c e , s a l e and making of the Note, nor contesting the s t a t u t o r y p o w e r s g r a n t e d b y M i n n e s o t a Statutes, Chapter 474, in connection with th e i s s u a n c e o f t h e N o t e , n o r r e g a r d i n g the organizational and boundaries of the C i t y o r t h e r i g h t o f t h e C i t y C o u n c i l m e n or officers to their respective offices. To th e b e s t o f t h e C i t y ' s k n o w l e d g e , t h e r e is no action, suit, proceeding or investigatio n a t l a w o r i n e q u i t y b e f o r e o r b y a n y court, public board or body pending or thr e a t e n e d a g a i n s t t h e C i t y w h e r e i n a n unfavorable decision, ruling or finding wo u l d a d v e r s e l y a f f e c t t h e t r a n s a c t i o n s contemplated by or the validity of the Note, t h i s R e s o l u t i o n , t h e L o a n A g r e e m e n t , as amended, or Pledge Agreement, as amend e d . 14. Authority. The execution and delivery and p e r f o r m a n c e o f t h e F i r s t Amendment to Loan Agreement, and the Firs t A m e n d m e n t t o P l e d g e A g r e e m e n t and the issuance of the First Amendment to N o t e d o n o t v i o l a t e a n y l a w , r e g u l a t i o n or agreement or any court order of judgmen t i n a n y l i t i g a t i o n t o w h i c h t h e C i t y i s a party or by which it is bound. 15. No Conflict of Interest. To the best of the C i t y ' s k n o w l e d g e a n d belief, no Council incliiber of the City, and n o o t h e r e l e c t e d o r a p p o i n t e d o f f i c i a l -4- a23 who is authorized to take part in the entering into of the First Amendment to Loan Agreement, and the First Amendment to Pledge Agreement or the issuance of the First Amendment to Note, is directly or indirectly interested therein, the Project, or any contract, agreement or job contemplated to be entered into or undertaken with respect to the Project. 16. City E_>ipense. All costs and expenses incurred by or on behalf of the City in connection with the review and execution of the documents described herein shall be the sole obligation and responsibility of the Seller and Purchaser, including but not limited to legal fees. SIGNATURE APPROVED: MAYOR ATTEST: CITY CLERK -5- 2 9,0 ti TO: Mayor and City Council FROM: John D. Franc, Finance Director DATE: December 2, 1982 RE: Merger of Kirsch and Cooper Industries - Kirsch M.I.D.B. $1,200,000 Resolution 82-277 The merger of Kirsch into Cooper Industries, Cooper Industries is requesting the City to allow it to assume the I.D.R. liability of Kirsch. Cooper Industries is 11 to 14 times Kirsch's size and has shown a increase in net profit for the past 10 years. Resolution 82-277 is attached for your consideration. JDF:bw 12/3/82 2 RESOLUTION NO. Sa -d-77 AUTHORIZING THE APPROVAL OF A CERTAIN WAIVER, ASSIGNMENT, ASSUMPTION AND AMENDMENT BY THE CITY OF EDEN PRAIRIE, MINNESOTA, IN RESPECT OF THAT CERTAIN LOAN AGREEMENT DATED AS OF JULY I, 1979, BY AND BETWEEN KIRSCH COMPANY AND SAID CITY; CONSENTING TO THE SUBSTITUTION OF COOPER INDUSTRIES, INC. AS OBLIGOR UNDER SAID LOAN AGREE- MENT AND USER OF THE FACILITIES FINANCED THEREUNDER; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONSENT TO THE WAIVER, ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT; AND RELATED MATTERS. WHEREAS, the City of Eden Prairie, in Hennepin County, Minnesota (the "City"), is a municipal corporation authorized and empowered by the provisions of the Minnesota Municipal Industrial Development Act, Chapter 474 of the Minnesota Statutes, as amended (the "Act"), to issue revenue bonds to finance the costs of the acquisition, construction and improvement of the properties, real or personal, used or useful in connection with a revenue producing enterprise, including an enterprise engaged in manufacturing, processing or distributing any products of agriculture or manu- facture; and WHEREAS, the City has heretofore issued its Industrial Development Revenue Bonds (Kirsch Company Project), Series 1979 (the "Bonds"), in the aggregate principal amount of $1,200,000, and has loaned the proceeds thereof to Kirsch Company, a Michigan corporation authorized to do business in the State of Minnesota (the "Company"), pursuant to the provisions of a Loan Agreement dated as of July 1, 1979 (the "Loan Agreement") between the Company and the City, to be used for the acquisition of land and the construction and installation of a facility for the warehousing and distribution of drapery hardmtre and related products, located in the City (the "Project"); and WHEREAS, the obligation of the Company to repay such loan was evidenced by the promissory note of the Company dated October 31, 1979 (the "Note") in the principal amount of $1,200,00 0 , payable to the order of the City; and WHEREAS, the Fonds have been issued under and pursuant to, and are secured by, an Indenture of Trust dated as of July 1, 1979 by the between the City and Northwestern National Bank of Minneapolis, as Trustee; and WHEREAS, the Bonds have been sold to The Aetna Casualty and Surety Company (the "Purchaser"), pursuant to a Pond Purchase Agreement dated as of July 1, 1979 among the City, the Company and the Purchaser; and the Purchaser is now and has at all times since the issuance of the Bonds been the o ..mer of 100% of the outstanding principal amount of the Bonds; and WHEREAS, the Company and Cooper Industries, Inc., an Ohio corporation ("Cooper") have entered into an Agreement and Plan of Reorganization (the "Reorganization Agreement") and a Plan of Merger (the "Merger Agreement") each dated as of February 10, 1981; and WHEREAS, as a result of the consummation of the trans- actions contemplated by the Reorganization Agreement and the Merger Agreement, the Company became a wholly-owned subsidiary of Cooper; and WHEREAS, the Company has presented to the City the form of Waiver, Assignment, Assumption and Amendment (the "Waiver") providing, among other things, for (1) the waiver of certain -2- events of default under the Loan Agreement resulting from t h e consummation of the transactions contemplated by the Reorgan i z a t i o n Agreement and the Merger Agreement, and (ii) the amendment o f t h e Loan Agreement and the assignment to and assumption by Coope r o f all rights, privileges, powers, duties, liabilities and obl i g a t i o n s under the Loan Agreement and the Note, and the release of the C o m p a n y from all duties, liabilities and obligations under the Loan A g r e e - ment and the Note, and the Company has requested that the Cit y give its consent to the matters contained in the Waiver and t o t h e release of the Company and substitution of Cooper as aforesai d ; NOW, THEREFORE, the City Council of the City of Eden Prairie, does hereby resolve: Section• 1. That the City hereby acknowledges and con- sents to the waiver of certain defaults and the amendments se t forth in and evidenced by the Waiver in substantially the fo r m attached hereto as Exhibit A, including particularly, and wi t A o u t limitation, the substitution of Cooper as the obligor under the Loan Agreement and the Note and the release of the Company f r o m any and all obligations, duties and liabilities under the Lo a n Agreement and the Note. The Mayor and the City Manager are h e r e b y authorized and directed to evidence the approval and consen t o f the City by executing an appropriate instrument evidencing t h a t consent and delivering copies thereof to Cooper and the Com p a n y . Section2 That the Mayor, the City Manager and/or the City Clerk are hereby authorized and directed to execute, att e s t , seal and deliver any and all other instruments, certificates a n d documents, file all notices, obtain all appropriate waivers, a n d -3- do any and all things which may be or determined to be necessary in furtherance of the transactions contemplated by the Waiver and to carry out the intent and purposes of this resolution. Section 3. That the provisions of this resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Mayor Attest: City Clerk -3- November 24, 1982 City of Eden Prairie ATTN: Mr. John Frane Finance Director 8950 Eden Prairie Road Eden Prairie, Mn. 55343 Re: $1,000,000 Industrial Development Revenue Bonds (S & S Land Company, formerly known as L. S. Sorem and William B. Sherman Partnership, Project) City of Eden Prairie Gentlemen: This letter is explanatory and in support of the Partnership's re- quest that the City Council adopt a resolution extending the pre- liminary inducement resolution for our Project which was adopted by the Council on December 19, 1981. The Partnership assumed the name S & S Land Company on June 17, 1982, and would request that your records, the extended induce- ment resolution and the City's Application to the State of Minnesota reflect this name rather than the former name. The Partnership it- self remains unchanged and continues to be a general Minnesota partnership, consisting of myself and L. S. Sorem. Sulisequent to the adoption of the inducement resolution on December 79, 1981, we have attempted to proceed with diligence in the construction and financing of the Project which was described to you and I will detail below what we have done to date and describe the unforeseen circumstances which have substantially delayed our progress. First, we had unforeseen delays and difficulties with Equitable concerning the acquisition of the land. We could not finalize the Purchase Agreement with Equitable in the time frame originally in- dicated due to deficiencies in the soil and resulting requirements for piling which weic nut anticipated by the Purchase Agreement or at the time of the adoption of the inducement resolution. We could not proceed with building plans until resolution of the above was made. The Purchase Agreement was finalized on June 28, 1982. ND CO William B. Sherman Partner City of Eden Prairie Attn: Mr. John Frane Finance Director - 2 - November 24, 1982 Subsequently, engineering testing was necessary to determine placement of pilings etc. This took several weeks because of the complexity of the problems. A comprehensive report was finally presented to S & S Land Companies on September 9, 1982. Next, we made a thorough search for an experienced commercial architectural firm and on October 13, 1982, we hired McEnary, Kraft, Birch, and Kilgore, Inc. We are presently awaiting final architectural and engineering plans with the necessary specifica- tions. Further, we have employed the firm of Trucker-Sheehy as general contractors. Present plans call for anticipated placement of the pilings in the spring of 1983 when the frost is out of the ground. Construction of the building will then commence. Anticipated con- struction completion date is September 1, 1983, with lessee, Sorem and Associates and Excel Marketing, Inc. to take occupancy at that time. Finany, we are in the process of receiving proposals for under- writing of the revenue bond financing from several qualified sources and will be finalizing a selection of underwriters in the near future. Although we have been slowed up by the aforementioned soil problems, we are now proceeding with due diligence with respect to construction of the project. We appreciate your consideration regarding the ex- tension inducement resolution and we look forward to being a part of the Eden Prairie business community in 1983. Sincerely, WBS:buth ;1331 After some discussion, Councilmember introduced the following resolution and (after it ha d b e e n read in full) (after the reading of the resolution w a s dispensed with by unanimous consent) moved its adopt i o n : RESOLUTION NO. RESOLUTION EXTENDING THE AUTHORIZATION TO ISSUE REVENUE BONDS OF THE CITY UNDER MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE OF FINANCING A PROJECT THEREUNDER BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: Section 1. Recitals. 1.01. The City Council has, by Resolution 81-242, dated December 19, 1981 (the Original Resol u t i o n ) , given preliminary approval to the issuance by the C i t y o f industrial development revenue bonds under Minnesot a Statutes, Chapter 474, as amended (the Act), in an a m o u n t not to exceed $1,000,000 (the Bond ,) to finance costs of acquisition of land within the City and constructi o n a n d equipping thereon of one or more buildings (the Pro j e c t ) to be owned and operated by L. S. Sorem and William B . Sherman Partnership, a Minnesota general partnersh i p ( t h e Partnership), and leased to L. S. Sorem & Associat e s , Inc. and Excel Marketing, Inc., Minnesota corporati o n s , for use as office and warehouse facilities; and to m a k e the proceeds of such sale available to the Partnersh i p . 1.02. The Partnership has now been formed under the assumed name of S & S Land Company. L. S. Sorem a n d William B. Sherman are the general partners of the Partnership. 1.03. Section 3.08 of the Original Resolution provides that the Original Resolution shall expire i f , within twelve months of the date of adoption of the Original Resolution or any extension of said period, t h e City and the Partnership have not agreed to mutually acceptable terms and conditions of a revenue agreeme n t , the Bonds and of the other instruments and proceedi n g s relating to the Bonds and their issuance and sale. 1.04. The City has received a request from the Partnership for an extension of the period during which the Original Resolution is effective because, due to circumstances beyond the control of the Partnership which caused a delay in the acquisition of the Project site and further delays in the commencement of construction, the financing cannot be completed in the twelve months following the adoption of the Original Resolution. Section 2. Approval. On the basis of information given the City, it is found and determined that it would be in the best interest of the City to grant an extension of the effectiveness of the Original Resolution for a period of twelve months from the date of adoption of this resolution and such extension is hereby approved and granted. Section 3. Effective Date. This resolution shall be effective immediately upon its final adoption. PASSED AND FINALLY ADOPTED by the City Council of the City of Eden Prairie, Minnesota, this 7th day of December, 1982. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was seconded by Councilmember and, upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and finally adopted and, was signed by the Mayor which was attested by the City Clerk. -2- 4755 4603 4844 4895 4901 4902 4903 4904 4905 4906 4907 4908 4909 4910 4911 4912 4 9 ' 4( 4915 4916 4917 4918 4919 4920 4921 4922 4923 4924 4925 4926 4927 4928 4929 4930 4931 4932 4933 4934 4935 4936 4937 39 4940 4941 4942 4943 4944 4945 December 7, 1982 TP F MINNESOTA 1TY ,JE EDEN PRAIRIE :OUNTY OF HENNEPIN rho following accounts were audit e d a n d a l l o w e d a s f o l l o w s : Equipment parts Postage-Police Dept. Postage-Emergency 911 mailing Payroll Payroll Payroll Payroll Payroll Payroll Payroll Payroll Service-Technology Drive & Mitchel l R o a d Instructor-Skating Instructor-Gymnastics Freight charges-Community Center Motor vehicle registration Liquor Wine Wine Liquor Packet delivery Liquor Liquor Liquor Wine Wine Wine Wine Liquor Supplies-Liquor Stores Registration fee-Police Dept. Liquor Wine Liquor Wine Liquor Supplies-Liquor Stores Liquor Wine Wine Wine Wine Postage-Utility bills October sales tax Payroll VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK PENN AUTO PLAZA U.S. POSTMASTER HOPKINS POSTMASTER FEDERAL RESERVE BANK COMMISSIONER OF REVENUE AETNA LIFE INSURANCE MINNESOTA STATE RETIREMENT GREAT WEST ASSURANCE CO. UNITED WAY OF MINNEAPOLIS INTERNATIONAL UNION OF OPERATING PFRA PROGRESSIVE CONTRACTORS, INC. WENDY DURNS-CARLSON JUDY GARRISON EMERY AIR FREIGHT MINNESOTA DEPARTMENT OF P/S JOHNSON BROTHERS WHOLESALE MIDWEST WINE CO. TWIN CITY WINE CO. OLD PEORIA COMPANY, INC. DANA GIBBS ED. PHILLIPS & SONS CO. GRIGGS, COOPER, & CO., INC. BELLBOY CORPORATION EAGLE WINE CO. INTERCONTINENTAL PACKAGING CO. PAUSTIS & SONS MARK VII MINNESOTA DISTILLERS, INC. NELSON ENTERPRISES NATIONAL REGISTRY OF EMERGENCY BELLBOY CORPORATION CAPITOL CITY DISTRIBUTING GRIGGS, COOPER & CO., INC. EAGLE WINE CO. JOHNSON BROTHERS WHOLESALE NELSON EMERPRISES ED. PHILLIPS & SONS CO. TWIN CITY WINE CO. INTERCON11';FNIAL PACKAGING CO. OLD NORIA COMPANY, INC. PAUSTIS & SONS HOPKINS ITS1MASTER COMMISSIONER OI REVENUE FEDERAL RESERVE BANK (17.00) (30.00) (1,195.00) (87.00) 50.08 285.00 391.69 16,055.96 7,223.41 101.00 40.00 2,420.00 72.50 392.00 12,869.31 144,601.01 118.00 201.50 105.89 25.00 4,143.0 3,231.77 3,359.61 3,906.N 65.00 8,897. P' 5,561.9: 7,100.5: 1,028.7.1 215.40 , 3,497.5 710.1; 34./. 392.c 196,' 255. 14. 42.1 259. 5,666.i 16,221.: 4946 4947 4948 4949 4950 4951 4952 4953 4954 4955 4956 4957 4958 4959 4960 4961 4962 4963 4964 4965 4966 4967 4968 4q. 49/u 4971 4972 4973 4974 4975 4976 4977 4978 4979 4980 4981 4982 4983 4984 4985 4986 4987 4988 4989 4990 4991 4992 41'171; 4996 4997 4998 4999 Page two Dec er 7, 1982 COMMISSIONER OF REVENUE Payroll 7,258.43 VOID OUT CHECK AETNA LIFE INSURANCE Payroll 101.00 MINNESOTA STATE RETIREMENT Payroll 40.00 GREAT WEST LIFE ASSURANCE Payroll 2,410.00 UNITED MY OF MINNEAPOLIS Payroll 72.50 RALPH KRATOCHVIL Instructor-Exercise class 262.50 DOUGLAS EDWARD ANDREWS Firemen calls 578.00 CURTIS MANLEY BERGQUIST Firemen calls 722.00 MICHAEL BOSACKER Firemen calls 398.00 LANCE MICHAEL BRACE Firemen calls 436.00 DUANE JAMES CABLE Firemen calls 378.00 JAMES GORDON CLARK Firemen calls 848.00 SPENCER LEE CONRAD Firemen calls 772.00 PATRICK STANLEY DADY Firemen calls 250.00 RICHARD RAYMOND DEATON Firemen calls 642.00 FRANKLIN PAUL ELLERING Firemen calls 656.00 ROBERT RICHARD GRANT Firemen calls 82.00 JOHN KENNETH HACKING Firemen calls 368.00 FREDRICK KARL HAFFNER Firemen calls 638.00 JOHN JOSEPH HOBBS . Firemen calls 78.00 JOHN THOMAS HOBBS JR. Firemen calls 814.00 GENE A. JACOBSON Firemen calls 1,080.00 WALTER CHARLES JAMES Firemen calls 398.00 DUANE L. JOHNSON Firemen calls 244.00 KENNETH DANIEL JOHNSON Firemen calls 344.00 RONALD O. JOHNSON Firemen calls 796.00 MARVIN ALLEN LAHTI Firemen calls 604.00 MAILAND E. LANE JR. Firemen calls 520.00 BRADLEY EARL LARSON Firemen calls 300.00 ROBERT PAUL LISTIAK Firemen calls 742.00 LOWELL D. LUND Firemen calls 732.00 PHILIP GEORGE MATHIOWETZ Firemen calls 582.00 JAMES LEE MATSON Firemen calls 340.00 BRIAN GILL'MCGRAW Firemen calls 288.00 GARY LEE MEYER Firemen calls 816.00 JOHN MITCHELL Firemen calls 410.00 MARILYN MITCHELL Firemen calls 350.00 RAYMOND IRWIN MITCHELL Firemen calls 1,836.0o THOMAS MONTGOMERY Firemen calls 702.00 BERNARD NEUMANN Firemen calls 300.00 CURTIS OBERLANDER Firemen calls 928.00 JOHN EDWARD PAFKO Firemen calls 732.00 ERIK PETERSON Firemen calls 404.0L DOUGLAS PLEHAL Firemen calls 944.00 JERALD PRODOEHL Firemen calls 520.0C, JOHN RIFGFRT Firemen calls 590.0c STANLLY RIEGFRT Firemen calls 900.0 JOHN DAVID WCHFORD Firemen calls 582.U ,' MICHAEL JOHN ROGERS Firemen calls 628.0 NORBERT ROGERS Firemen calls 670.0c TIM PAUL RUST Firemen calls 294.00 CHARLES SCHAITBERGER Firemen calls 962. {W) RICHARD WILLIAM SLEGER Firemen calls 340.00 2'3'•3":: Page three Dec 'Tr 7, 1982 5000 JOHN SCHEIDERICH Firemen calls 384.00 5001 VOID OUT CHECK 5002 VOID OUT CHECK 5003 VOID OUT CHECK 5004 HARVEY HERMAN SCHMIDT Firemen calls 378.00 5005 GERALD SCHWANKL Firemen calls 706.00 5006 JOHN SKRANKA Firemen calls 554.00 5007 JOHN SORENSEN Firemen calls 664.00 5008 EUGENE SPANDE Firemen calls 314.00 5009 VERNON STEPPE Firemen calls 354.00 5010 BURTON LEE SUTTON Firemen calls 776.00 5011 MARC THIELMAN Firemen calls 856.00 5012 RICHARD TURNER Firemen calls' 302.00 5013 STEPHEN WHITE Firemen calls 434.00 5014 THOMAS DEFOREST WILSON Firemen calls 392.00 5015 A.K. CONSTRUCTION, INC. Service-Water Wells #4, S. & 6 32,788.68 5016 A & H WELDING & MEG. CO . Parts-Street Dept. 72.21 5017 ALAN SIGNS, INC. Signs-Liquor Stores 79.00 5018 STUART ALEXANDER Mileage 75.75 5019 ALL STEEL PRODUCTS CO., INC. Culverts-Park Maintenance 522.21 5020 EARL F. ANDERSEN & ASSOCIATES Posts, Street Signs 1,227.45 5021 BJORN ANDERSON Refund-Skating 27.00 5022 ARMOR SECURITY INC. Repair locks-Round Lake Park Building 52.90 I . BADGE MAN METRO AUTOTRAAC DIAGNOSIS Equipment parts-Street Maintenance Badges-Liquor Stores 152.00 15.00 5025 ARNIE BARNES Basketball official 72.00 5026 BRN Service-Mithcell Road & Technology Drive, 78,957.10 City West, Shady Oak Feasibility, Anderson Lakes Parkway, Valley View Road, Schooner Blvd., Miller Park 5027 GRANT BERGSTROM Sports official 92.00 5028 BOUSTEAD ELECTRIC Parts-Water Dept. 32.58 5029 BRADLEY EXTERMINATING CO. 3rd Quarter service-Water Dept. 55.00 5030 BRAUN ENGINEERING TESTING, INC. Service-Mitchell Road & Technology Drive, 1,330.34 Carlson Drive, City West, Valley View & Schooner Blvd. 5031 ANDREA BROSCH Instructor-Racquetball 168.00 5032 BROWN PHOTO Film-Planning, Community Services, Senior Center 2 2 0 . 4 ' 2 , 5033 MAXINE BRUECK School 58.80 5034 DAVID L. BUSSIAN Basketball official 48.00 5035 BUTCH'S BAR SUPPLY Supplies-Liquor Stores 478.00 5036 CAPITOL ELECTRONICS, INC. Radio equipment 4,411.00 5037 VOID OUT CHECK 5038 CARDOX CORPORATION Carbon dioxide-Water Dept. 425.81 5039 CARGILL SALT DIVISION Salt 2,935.7' 5040 WENDY BURNS-CARLSON Instructor-Skating 26.4f! 5041 CHAPIN PUBLISHING CO. Legal ads 148.71 5012 CHICAGO ','. N01:1HWI0TE0N TRANSPORT Service-Water Dept. 50.o UARLINL CHILES Refund-Karate 21.q. 5u44 CLUTCH F, U-JOINT BURNSVILLE Equipment parts-Street Maintenance 53.8 5045 COLUMBIA TRANSIT Bus service-Community Services 103.5w 5046 COMMISSIONLR Of TRANSPORTATION Service-Schooner Blvd. 906.8:: 5047 COPY EQUIPMENT INC. Supplies-Engineering Dept. 61.4:. 5048 KAY COWAN Refund-Exercise class 21.00: 5049 JIM CURRAN Expenses-Community Services 10.6L Pap four De' ,er 7, 1982 5050 CUTLER-MAGNER COMPANY 5051 DALCO 5052 DEPARTMENT OF EMPLOYEE RELATIONS 5053 PERA 5054 WARD F. DAHLBERG 5055 DELTA DIGITPONICS, INCORPORATED 5056 DEPARTMENT OF P/S 5057 EUGENE A. DIETZ 5058 CHARLOTTE DIRICKS 5059 CONNIE DONBASTYN 5060 DON'S SOD SERVICE 5061 DORHOLT PRINTING 5062 TERRIE DRONEN 5063 EDEN PRAIRIE TRANSMISSION 5064 ELECTRIC SERVICE CO. 5065 JOHN B. ELVY 5066 CHRIS ENGER 5067 MARY ERICKSON 5068 RON ESS 5069 FARMERS STEEL CO. 5070 FEED-RITE CONTROLS INC. 5071 FLAHERTY'S HAPPY TYME CO. 5r" JAN FLYNN FRONTIER LUMBER & HARDWARE 5074 G. L. CONTRACTING, INC. 5075 G & K SERVICES 5076 GENERAL COMMUNICATIONS, INC. 5077 R.L. GOULD & CO., INC. 5078 GOVERNMENT INFORMATION SERVICES 5079 GUNNAR ELECTRIC COMPANY INC. 5080 JACK HACKING 5081 HARMON GLASS 5082 HAYDEN-MURPHY EQUIPMENT CO. 5083 HEARTH & HOME CO. 5084 SHEILA HEINECK 5085 HENNEPIN COUNTY 5086 HENNEPIN COUNTY TREASURER 5087 HENNEPIN TECHNICAL CENTER 5088 SHERIFF'S DEPT.-HENN COUNTY 5089 JOY HERRINGTON 5090 MICHAEL W. HOLMQUIST 5091 ALLENE HOOKOM 5092 INGRAM EXCAVATING 5093 ITASCA EQUIPMENT CO. 5094 GENE A. JACOBSON 5095 JAYCEE =EN-ANITA NEISEN JE.RRY'S SUrFR VALU A. DILE JOHNSON 5098 RICHARD JOHNSON 5099 CHRISTOPHER KACHIAN 5100 JOSEPH LASID 5101 KFLLOG'S LE BODY SHOP 5102 CRAIG KERSHAW Quicklime-Water Dept. Cleaning supplies Payroll Payroll Expenses Radio repair-Police Dept. Dues-Liquor Store Expenses Refund-Exercise class Refund-Swimming class Sod-Parks Dept. Office supplies Refund-Exercise class Equipment parts Equipment repairs-Water Dept. Hockey official Expenses Refund-Gymnastics Hockey official Steel-Park Maintenance Sulfate-Water Dept. Mixes-Liquor Store/Preserve -Mileage Lumber-Senior Citizens Center Service-Sludge removal Service Equipment repair & parts Equipment parts-Park Maintenance Book-Planning Equipment repair-Park Maintenance, fuses- Community Center Expenses Windshield-Equipment Maintenance Equipment parts-Equipment Maintenance Grate-Staring Lake Park Expenses-Historical Culture Commission Board of Prisoners Service-Forestry Dept. School-Fire Dept. September & October booking fee Mileage Hockey official Expenses-Historical Culture Commission Service-Parks Dept. Equipment parts Expenses-Fire Dept. Instructor-Babysitting class Supplies-Kids Korner Sewer backup Volleyball official Expenses-Historical Culture Commission Basketball official Instructor-Exercise class Refund-Gymnastics 1 3,545.16 192.0E 19,118. O 12,936.60 240.00 32. 15 5.00 236.75 8.00 11.00 2,160.00 155.96 19.00 220.00 199.9 48.00 166.25 . 67.0P 48.00 7.36 3,502.0? 56.40 31.59 1,813.9& 7.00 232.5;, 132.00 67.9 • 37.7 0 265.2? 421.01 : 7.50 43.90 : 2,580. ft 200.0 173.0 25.7' • 48.1 6,066.4 27.2 ' 115.c• 19. 295.n 32.( 96.t 451.!. 25.o ( "6 )age five Dec '-er 7, 1982 5103 KLEVE HEATING 5104 KEVIN FOULS 5105 MARVIN LAHTI 5106 LAHASS MEG. & SALES, INC. 5107 LANG, PAULY & GREGERSON, LTD 5108 TOM LAPIC 5109 LATHROP PAINT SUPPLY 5110 LFEF BROTHERS INC. 5111 L.O.G.I.S. 5112 LOIS LOYD 5113 EUGENE MARTINSON 5114 ROBERT N. MARTZ 5115 METRO FUME COMMUNICATIONS, INC. 5116 METRO PRINTING INC. 5117 METROPOLITAN WASTE CONTROL 5113 METROPOLITAN WASTE CONTROL 5119 MIDLAND PRODUCTS COMPANY 5120 VOID OUT CHECK 5121 MIDWEST ASPHALT CORPORATION 5122 MINNEAPOLIS AREA CHAPTER 5123 MINNEAPOLIS OXYGEN COMPANY 5124 MINN1APOLIS STAR & TRIBUNE 5125 MINNESOTA BAR SUPPLY, INC. 511( MINNESOTA GAS COMPANY 51 .- MINNESOTA RECREATION & PARK 5128 MINNESOTA STA1E TREASURER 5129 MINNESOTA VALLEY ELECTRIC 5130 RAY MITCHELL 5131 MODERN TIRE CO. 5132 R.E. MOONEY & ASSOCIATES, INC. 5133 MOTOROLA INC. 5134 D.E. MYHRE 5135 MUNICILITE CO. 5136 N.A.P COMMERCIAL ELCIRONICS 5137 NATIONAL RECREATION & PARK 5138 JERRY NEEDHAM 5139 MARILYN NORBY 5140 NSP 5141 N.W. BELL TELEPHONE CO. 5142 TOM O'BRIAN 5143 OFFICE PRODUCTS 5144 OLIN WATER SERVICES 5145 STEVEN OLSFAD 5146 BRYCE PEDERSON 5147 PERE SOD TARNS, INC. 5148 CONNIE L. PETERS 5149 PETTY CASH-PUBLIC SAFETY 5150 PI1NFY ITM.S 14(.. PLEMIC PP00UCTS POWER BRAKE EQUIPMENT CO. 5153 PROCESS DYNAMICS 5154 POWER SYS1EMS 5155 PRAIRIE ELECTRIC COMPANY, INC. 5156 iltAIRIE LAWN & GARDEN Equipment repair Football official Mileage Equipment parts Legal service Refund-Swimming Paint-Hockey rinks Service October service Instructor-Senior Citizens Center Postage-Firearm safety training Expenses Service Envelopes-Animal Control Octobe SAC Charges December Sewer Service Concession supplies-Community Center Blacktop Equipment-Community Center Oxygen-Water Dept. Employment ads-Planning & Police Dept. Mixes-Liquor Stores Service Conference-Community Center Firearm Safety Certificates Service Expenses-Fire Dept. Equipment parts Paint-Water Dept. Radio parts Supplies-Liquor Stores Strobe light-Equipment Maintenance Intercom boxes-P/S Building Book-Community Services Instructor-Dog Obedience Refund-Meeting Room rental Service Service Service HP 125 Computer Equipment-Water Dept. School Refund-Swiming Service-Franlo Road Mileage Expenses Ribbons-Postage machine Membership cards-Cmnunity Center Headlight-Police Dept. Service-Senior Citizens Center Hose-Park Maintenance Service-Flying Cloud Fields Equipment repair & parts 67.50 33.00 89.00 88.60 10,751.0? 11.00 829.06 136.44 2,244.00 170.00 .7.59 157.50 149.64 49.00 30,714.75 50,574.E,4 402.45 . 193.49 42.25 8.06 176.42 39.00 8,712.5c.; 27.50 92.00 35.75 27.91 106.49 204.00 1,114.fW 143.04 : 144.00 . 224.09 8.75 320.0u 10.00 15,803.61 1,220.E) - 25.00 2,495.00 87.64 7.00 1,512.6. 13.? 10.1, 1,676.L. 16.6, 42.21 18.11 655.01" 26.P. 2 33 'age six )eci 7, 1982 5157 PRAIRIE OFFICE PRODUCTS, INC. 5158 PRAIRIE OFFSET PRINTING 5159 PATT RADMONE 5160 RECREONICS CORP. 5161 --JOHN REEVE 5162 RIDGE DOOR SALES COMPANY 5163 MIKE SALENTINE 5164 SATELLITE INDUSTRIES INC. 5165 KATHY SCHUMACHER 5166 LARRY SCHWANTZ 5167 SHAKOPEE FORD, INC. 5168 W.F. NEAL SLATE CO. 5169 CHARMOYNE SLE11EN 5170 DIANN SMITH 5171 SON OF A PRINTER 5172 SOU1HUEST SUBURBAN PUBLISHING 5173 DEBORAH STAUB 5174 SHERRI STAUB 5175 DON STRETCHER GUNS, INC. 5176 SUBURBAN CHEVROLET CO. 5177 SULLIVANS SERVICES, INC. 5178 MIKE TEITELBAUM 5179 TELF-TERMINALS 51( CARRIE TIETZ 5115-. DOUGLAS TRIPP 5182 TWIN CITY OXYGEN CO. 5183 TWIN CITY PICTURE FRAMING CO 5184 TYPE HOUSE+DURAGRAPH 5185 VALLEY EQUIPMENT CO. 5186 DEREK VEIGFL 5181 VIKING LABORATORIES INCORPORATED 5188 UNIFORMS UNLIMITED 5189 WATER PRODUCTS COMPANY 5190 LYNN WIEUEWITSCH 5191 JOSEPH A WIETHOFF 5192 SANDRA WERTS 5193 WILDLIFE NURSERIES 5194 XEROX CORPORATION 5195 JAY D. YEAGER 5196 ALEC YONKE 5197 YOU & ME, BABY 5198 ZIEGLER INC. 5199 ST. PAUL TECHNICAL VOCATIONAL 5200 DENNIS NESBITT 5201 PRAIRIE VILLAGE MALL 5202 JOHN FRANE 5703 WEAVER ELECTRIC CO. Office supplies Printing-Police & Community Services Refund-Exercise Equipment-Community Center Sewer backup expenses Equipment repair Hockey official Portable restrooms Tests Basketball official Equipment repair & parts Pens-Fire Dept. Instructor-Kids Korner Refund-Exercise class Printing-Police Dept. Employment ads-Park &Police Dept. Refund-Skating Refund-Swimming Supplies-Police Dept. Equipment repair & parts Service-Research Road Instructor-Karate Computer paper-Finance Dept. Service Basketball official Oxygen-Water Dept. Supplies-Planning Dept. Printing-Community Services Equipment-Street Dept. Refund-Gymnastics Chemicals-Conmunity Center Uniforms-Police Dept. Equipment parts Instructor-Rec Dept. Volleyball official Mileage Seed-Park Dept. Service Volleyball official Refund-Karate Books-Community Center Equipment parts Conference-Engineering Dept. Mileage December rent Expenses Service-Eden Prairie Community Center 14.37 94.00 25.00 235.02 1,195.00 124.00 144.00 59.00 25.00 84.00 3,886.55 15.00 240.00 25.00 80.18 97.50 11.00 27.50 7.88 195.4? 50.00 225.0 34.7? 31.56 96.00 12.95 25.00 108.00 1,426.11 25.00 142.48 35.00 89.2? 104.00 223.00 29.23 214.51 : 1,471.1? 48.0i 21.75 19.111 2,246.4? 70.0 ,) 19.2 2,583.2," TOTAL .2 ;i 91 01 MEMO TO: Mayor and City Council FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Planning Director DATE: November 30, 1982 REGARDING: Opus Office Plaza Two-Year Limit In 1980 Rauenhorst Corporation requested rezoning of 9.2 acres to office for construction of a ten-story, 150,000 sq. ft. office building (site plan attached). On October 30, 1980, the Council gave the second reading to Ordinance 80-06 and approved a Developer's Agreement also dated October 30, 1980. The Developer's Agreement contained the standard two-year limit by which the owner had to proceed in accordance with the agreement:. Opus Corporation (previously Rauenhorst Corporation) is requesting an extension as outlined in their letter. JJ/kk 22J(16 SITE PLAN -kirsr SL'gsl / 7 169. : ----I sr. Nov. 19.1979 13 • • • „ 141% A Pe'[Nr n f.,,IS 7 COMPANY Or US CC:2P 0213iTION DEC 1 1982 November 30, 1982 The Honorable Mayor Wolfgang Penzel Members, Eden Prairie City Council 8940 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Opus Plaza Office Building Dear Mayor Penzel: The Opus Corporation: requests a 2 year extension on the P.O .D. Rezoning and Developnent Plan ayproved for the Opus Pl a z a O f f i c e B u i l d i n g p r o p o s e d f o r c o n - struction in the northwest quadrant of Co u n t y R o a d 1 8 a n d C r o s s t o w n H i g h w a y 6 2 . As you are aware, the Opus Corporation in t e n d e d t o m a k e t h i s p r o p e r t y t h e s i t e for its corporate headquarters when it a p p l i e d f o r t h e o r i g i n a l r e z o n i n g . H o w - ever, intervening circumstances and condi t i o n s c r e a t e d t h e o p p o r t u n i t y f o r t h e Corporation to construct and locate its h e a d q u a r t e r s i n t h e O p u s C e n t e r B u i l d i n g at Bren Road and County Road 18. Also, t h e g e n e r a l s t a t e o f t h e o f f i c e m a r k e t in recent months, has made it difficult t o a t t r a c t a s u b s t i t u t e p r i m e u s e r f o r - the building proposed with the original r e z o n i n g . It is still the desire of the Opus Corpo r a t i o n t o c o n s t r u c t t h e o f f i c e b u i l d i n g originally proposed for the property. Al l w e n e e d i s a n i m p r o v e m e n t i n t h e c o n - dition oT the office space market to accomplish that o b j e c t i v e . Very truly yours, /- - Robert A. Worthington, AICP Director Planning & Governmental Affairs RAW/ma fl3