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HomeMy WebLinkAboutCity Council - 12/21/1982EDEN PRAIRIE CITY COUNCIL AGENDA TUESDAY, DECEMBER 21, 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Franc; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL I. COMMENDATION FOR PUBLIC SAFETY OFFICERS JOHN AND JOYCE CONLEY II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS I. MINUTES c A. City Council meeting held Tuesday, November 16, 1982 (continued from 12/7/327 B. City Council meeting held Tuesday, December 7, 1982 IV. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 17-82 (previously:82-241, approval of Developer's Agreement for Norseman Industrial Park 5th Addition and adfption of Re:.olution No. 82-280, approving summary of Ordinance No. 1742 and ordering the publication of said summary for Norseman Industrial Park 5th Addition C. Reguest from Metram Properties for six-month extension on Preliminary Plat for Bryant Lake Condominiums D. Change Order No. 1, I.C. 51-340A E. Receive 100r petition fur Edenvale Blvd. Q)etween Woodhill Trail and Birch Island . Road)_and orner plans and srecifications, I.C. 51-356 (Resolution No. 82-283-) F. Minneso0 Department of Transportation Agency Agreement Page 2344 Page 2345 Page 2356 Page 2361 Page 2363 Page 2372 Page 2373 Page 2374 Page 2376 G. Five Year Canital Improvement Project budget for State Aid projects Page 2389 City Council Agenda - 2 - Tues.,December 21, 1982 H. Final plat approval fot Minnesota Tree (Resolution No. 82-281) Page 2391 I. Resolution No. 82-286 amending Resolution No. 80435, which gave Page 2393 final_miroval for Municipal Industrial Development Bonds in the amount of12,300,000.00 for Braun-Kaiser J. Final plat approval for Norseman Industrial Park 5th Addition Page 2394 (Resolution No. 82-282F — K. Receive Public Safety report on the application for a liquor license Page 2396 for Kabuki, and set a Public Hearing for January 4, 1983 V. PUBLIC HEARINGS A. ORDINANCE NO. 16-82, PERMITTING GYMNASTICS USE IN AN INDUSTRIAL Page 2397 DISTRICT VI. PAYMENT OF CLAIMS NOS. 5204 - 5441 VII. REPORTS OF ADVISORY COMMISSIONS VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of a Representative to the Parks, Recreation & Natural Resources Commission to fill an unexpired term commencing 1/1/83 and expiring on 2/28/85 B. Report of City Manager 1. Request from the Members of the Metropolitan Losers Group Page 2411 C. Report of City Attorney IX. NEW BUSINESS X. ADJOURNMENT. Page 2399 Page 2404 Ci1 bi 10ES / 2950 EDEN i65IRENO40 / EDEN Pfiklia. IN 55344.249 / 1ELEP))1INE 1612) E37-2262 December 21, 1982 LETTER OF COMMENDATION TO: Detective Johr, Conley and Corporal Joyce Conley On Thursday, August 5, 1982, Corporal Joyce Conley was working her patrol shift and received a call of a personal injury accident at Valley View Road and Highway 169. Detective John Conley was also working and heard the call and also responded to the scene. Upon their arrival, they observed a semi-trailer truck had rolled over and the driver was pinned under the cab. The driver was unconscious and his breathing had almost stopped due to the pressure on his chest. John and Joyce realized that unless fast action was taken, the driver would suffocate within seconds. They obtained the help of two other truck drivers and two motorists and hooked chains to the overturned truck and to another semi truck and a pickup truck and lifted the weight off the injured truck driver. The injured driver was still in very critical condition and Joyce and John continued to provide medical attention until the paramedics arrived and transported him to the hospital. The driver's name is Arnold Woodwiss from Manly, Iowa. He has now fully recovered from his injuries. On behalf of the Eden Prairie City Council and the citizens of our community, I herein HIGHLY COMMEND Public Safety Officers John and Joyce Conley for their quick thinking and lifesaving actions as above described. Such exemplary conduct indicates your dedication to professionalism and unselfish service to the public. For this we extend to you our continued praise and appreciation. Mayor Wolfgang H. Penzel 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 Regarding Lawn Signs; X. A.2. Discussion of a Letter from Hennepin County Regardina Stanal at County Roads land 18; X. A.3. Bond Counsel; X. A.4. Deer Creek; X. A.5. MTC Routes; and X. A.C. 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 (-Resolution No. 82-263) Bill Fahey, financial consultant, reviewed the bids which had been opened this afternoon. He noted the rate of interest on the $2,300,000 general obligation state aid bonds was 8.9562 and that on the $6,200,000 general obligation bonds was 9.6076S. City Council Minutes -2- November 16, 1982 MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-263, awarding the sale of $6,209,000 improvement bonds and $2,300,000 state aid bonds. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion 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" to "Waste 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 of the Council Meeting held Tuesday, October 19, 1982, as amended and published. 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 Readinn of Ordinance No. 13-32, renaming Kurtz Lane between C.M.St.P. and P. Railroad and Edenvale Boulevard E. 2nd Reading of Ordinance No. 14-82, renaming Valley View Road between Baker 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. Publi .c_Hearinp to consider renaming Firing Cloud Drive between Valley View Road and Shady Oak Road COrdinance No. I5-82-F- continued from November 2, 1982 Penzel said this item had been continued at the request of the residents in the Willow Creek area. Spokesman for the Willow Creek residents was Don Sorensen. He called attention to the letter of November 16, 1982, from J.P. Wilkie, President of the Willow Creek Road Association (see attached.) The majority of the residents in the area agreed the name should be Bryant Lake Drive. )-6,16 City Council Minutes -3- November 16, 1982 MOlION: Edstrom moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 15-02, changing the name of Flying Cloud Drive between Valley View Road and Shady Oak Road to Bryant Lake Drive. Motion carried unanimously. B. Reauest 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 toe 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 to 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 Trtesolution No. 82-262T 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 centev area; and further specific findings pertaining to major center area matters. Bentley had specific questions and points of clarification which were answered by Pauly. )L0 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. 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. Jullir 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. 13c17 City Council Minutes -5- November 16, 1982 VIII. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - 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 and Director of Community Services Lambert. Redpath asked if this would come out of City funds. 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 lap (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 - TEl 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. .430 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 10. Fenzel 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. Fenzel 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 Penzel said he had suggested to City Manager Jullie that Staff draft a replacement for the handout now given to candidates which would in- clude 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. Bentley stated there are two questions involved, the first being the place- ment of lawn signs on public right-of-way and/or public easement. He would recommend the following: Section 11.70, Subdivision 3, paragraph H of the Sign Ordinance be amended as follows: the last sentence now reads "These signs may be placed six weeks prior to the election, and shall be removed within five days after the election" and should be changed to read: These signs may not be placed greater than three weeks prior to the election nor later than the close of business at City Hall of the Friday before an elec- tion, and shall be removed within five days after the election." The following should be added to the above referenced paragraph: No campaign sign may be posted without the signed written consent of the property owner upon whose property the sign is to be posted. Signed statements giving such permission must be filed with the City Clerk before the close of business on each Friday during the permitted period, listing those signs posted during the last week. Owners of non-conforming signs or their representatives as stated on the disclaimer on the sign shall be notified by telephone or regi- stered letter of such non-conformance, and within 24 hours of such notifica- tion shall remove or cause to he removed such non-conforming sign. If such non-conforming sign is not removed within this 24 hour period, the City shall remove such sign and the owner shall be subject to the penalties of this section." City Council Minutes -7- November 16, 1982 Bentley added that the paragraphy which reads: "No sign other than a govern- mental sign shall be erected or temporarily placed within any street right- of-way or upon the public easement" should be reiterated in some way under the campaign sign provision and also it should fall under the category of the 24-hour process. He did not feel the City should arbitrarily, if there is a question, remove political lawn signs even though it is within the City's legal right to do so. Penzersaid he had no reservations about removing lawn signs which had been placed within 10 of the edge of the curb or travelled roadway. He would like to see if the County and the State would give the City permission to enforce the City's Ordinance within their right-of-way. He also suggested that Staff talk to representatives from the I-R and DFL parties for their input into any amendments which might be made. Penzel suggested there might be a campaign sign coordinator for each campaign. Redpath said the changes outlined by Bentley would create an administrative nightmare. He noted that those who did not have lawn signs during the last local election were the winners. Don Sorensen, 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. Edstrom said he felt an amendment to the Code could be made to be too com- plex with too many restrictions. MOTION: Bentley moved, seconded by Penzel, to submit the proposals discussed this evening to Staff for review and 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 I 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 -8- 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. 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 does not negate what it has done to the buyers in the past four months. Bentley said he felt very uncomfort&ble 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 -9- November 16, 1982 5. MTC Routes Edstrom said he had read a recent article which stated the City of Plynouth 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. oz2.) g. City Council Minutes -10- November 16, 1982 2. Consideration to eliminate mini-rinks in four locations (formerly V. B.) Lambert explained the rationale for eliminating the mini-rinks. The main reason was the lack of use and the manpower spent maintaining these rinks. With the Community Center and the other outdoor rinks which have lights, warming houses, and attendants there is not the need for the mini-rinks that there once was. MOTION: Tangen moved, seconded by Redpath, to approve the Staff recommenda- tion in regard to elimination of mini-rinks. Motion carried unanimously. C. Report of City Attorney 1. 1st Reading of Ordinance No. 16-82, permitting gymnastics use in an industrial district MOTION: Redpath moved, seconded by Bentley, to set a Public Hearing for December 7, 1982, regarding an Ordinance to permit gymnastics use in an industrial district. Motion carried unanimously. D. Report of Director of Public Works 1. Award contract for 1.C. 51-308-11 (northeast quadrant/MCA road system) (ie-Oution No. 82-259) Director of Public Works Dietz said the low bid on the contract was in the amount of $3,782,476.29 by Shafer Contracting Company, Inc. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-259, accepting the bid for I.C. 51-308A-II. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 10:43 p.m. Motion carried unanimously. ')3SLI 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. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 7, 1982 COUNCIL MEMBERS: COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Franc, Planning Director Chris Enger, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. INTRODUCTION OF NEW PUBLIC SAFETY OFFICERS Mayor Penzel introduced Public Safety Officers Orrin Alt, Jim Bergstrom, Bryan Blanch, Mike Bosacker, Lance Brace, Dan Carlson, Jim Kline, and Dennis Paulson; Community Service Officers Pauline Olson, Steve White, and John Sorenson; Fire Marshall Phil Mathicwetz; Animal Control Officer Nance Riley; and Records Tech- nicians Annette Cummings, Marybeth Miller, and Laura Roell. Penzel then introdu- ced Community Service Officer James Lindgren who was sworn in as a Public Safety Officer. Penzel noted Jim's father, Carl Lindgren, would take part in the swearing in ceremony; Lindgren is chief of the Hennepin County Park Reserve Rangers and was formerly Police Chief in Bloomington. Jim also has a brother who is with the Secret Service. Also present was Jim's mother. City Attorney Pauly administered the oath of office; Chief Lindgren pinned the badge on his son. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VIII. A. 1. Metropolitan Development Guide Amendment; VIII. B. 2. Discussion of Ruscon Homes Project; VIII. B. 3. Vacan- cies on Metropolitan Boards; VIII. B. 4. State Budget Cuts; and VIII. B. 5. Bene- fit Changes. MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. III. MINUTES A. City Council meeting held Tuesday, November 2, 1982 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Tuesday, November 2, 1982, meeting of the City Council as published. Motion carried unanimously. City Council Minutes -2- December 7, 1982 B. City Council . meeting held Tuesday, November 16, 1982 MOTION: Bentley moved, seconded by Edstrom, to continue action on these Minutes to the December 21, 1982, meeting so that the section on lawn signs might be expanded. Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 15-82, changing street name from Flying Cloud Drive to Bryant Lake Drive C. Change Order No. 4, City Services Project D. Receive feasibility re .pcIrt and set Public Hearing for Pioneer Trail Utilities, I.C. 52-034 (Resolution No. 82-20) E. 2nd Reading of Ordinance No. 7-82, rezoning 2.5 acres from Rural to Public for Eden Prairie Public Library and Developer's Agreement F. Resolution No. 82-266, approving_summary of Ordinance No. 7-82 and ordering the publication of said summary for Eden Prairie Public Library G. Holmes-Anderson Final Plat approval (Resolution No. 82-268) H. Valley Place Final Plat approval (Resolution No. 82-269) I. Mn/DOT Permit for construction within 1-494 right-of-way (Resolution No. 82-270) J. Final Plat approval for Red Rock Lake 3rd Addition (Resolution No, 82-273) K. 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, IC. 52-042 prep aration No. 82-274) M. Resolution No.82-276, amending 51,350,000 Donald C. Russ Municipal Industrial Development Bonds originally adopted in 1980 N. Resolution No. 82-277, approving the transfer of Municipal Industrial Development Bonds (16-17.-Kirsch O. Resolution No. 82-278, approving extension of Municipal Industrial Bonds for Sorem & Sherman MOTION: Edstrom moved, seconded by Tangen, to adopt items A - 0 on the Consent Calendar. Motion carried unanimously. City Council Minutes -3- December 7, 1982 V. PAYMENT OF CLAIMS NOS. 4901 - 5203 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 4901 - 5203. Roll call vote: Bentley, Edstrom (abstained on Claim No. 5201), Redpath, Tangen, and Penzel voted "aye." Motion carried. City Attorney Pauly noted the City has the authority to pay claims such as that submitted by John Reeve for damages caused by a sewer backup if the City finds there has been a health hazard. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. 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 MOTION: Redpath moved, seconded by Bentley, to extend approval of the Opus Office Plaza Developer's Agreement. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of Council Members 1. Metropolitan Development Guide Amendment Penzel noted there had been a proposed amendment to the Aviation Chapter of the Metropolitan Development Guide which should be referred to Staff for its review. MOTION: Edstrom moved, seconded by Bentley, to direct Staff to review the proposed amendment to the Aviation Chapter of the Metropolitan Develop- ment Guide. Motion carried unanimously. 2. Rodkath reported on a panel discussion in which he had participated under the auspices of the Citizens League regarding tax increment financing. He noted the Citizens League will probably recommend that the suburbs no longer be included in the tax increment financing legislation. B. Report of City Manager 1. qty Hall Office Rearrangement City Manager Jullie reviewed preliminary plans to rearrange some of the office space at City Hall. He discussed the options and alternatives which had been considered. Jullie recommended the following as the best option: 1) Community Services Department would move into the south one-half of the Annex Building; the kitchen and lunchroom in the Annex would remain City Council Minutes -4- December 7, 1982 unchanged. 2) The Planning Department would move into the space vacated by Community Services (lower level of old City Hall.) 3) Engineering Depar t . cent, including the Design, Engineer and Survey Crew, would expand into the space vacated by the Planning Department in the upper level of the City Hall addition. He said costs will not exceed the $7,500 appropriation included in the 1983 City Budget; most of the work will be done by City employees. MOTION: Redpath moved, seconded by Tangen, to authorize Staff to proceed with the City Hall Office rearrangement as outlined by City Manager Jullie. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. 2. Discussion of Ruscon Homes Projects Penzel noted he had had a visit on Saturday from some Deer Creek residents who said conditions had not changed in the past three weeks. Redpath said he had a phone call with the same report. City Manager Jullie said he had spoken with Oaks today. A copy of the Developer's Agreement was sent to Oaks -- this for the Woodlawn Heights project -- but he is not too anxious to sign it since work will not begin during the winter months. Jullie said Oaks told him they have closed on four Deer Creek homes with more clos- ings scheduled over the next couple of weeks. Oaks had told Jul lie there have been a number of lots presold in the Woodlawn Heights project. Penzel suggested the City confirm the bank where Ruscon has an escrow account. Jullie said Oaks is aware of the Council's concerns; he has expressed the view that the only way he can market the homes he is selling at the price for which they are being sold is by preselling them. There was some discussi o r on the condition of the streets in Deer Creek; the streets have not been accepted by the City yet. 3. Vacancies on Metropolitan Boards City Manager Julie noted a vacancy which will be occurring on the Minne- sota Environmental Quality Board. This is a four year term and is an appointment of the Governor. Jullie will have applications available for those who wish to apply for vacancies on State commissions. 4. State Budget Cuts City Manager Jullie discussed with the Council the proposed State budget cuts as outlined in a recent "Action Alert" by the League of Milvesota Municipalities. He said he will be watching closely action taken during th e current Special Session of the State Legislature and will renort to the Council on the effect it will have on the City. ?;.; City Council Minutes -5- December 7, 1902 5. Benefit Changes City Manager Jullie outlined benefits which had been discussed with him by Staff members -- changes which might be made in the benefits now included for City employees. The following were the requests: a) 4 weeks of vacation after 10 years of employment (present package includes 2 weeks after 5 years, 3 weeks after 10 years, and 4 weeks after 15 years); b) disability insurance; c) continued dental benefits; d) membership at the Community Center; and e) the Friday after Thanks- giving as an additional holiday. Jullie will report on the various costs •to the City of each of the requests. Tangen said he would rather see benefits cut than to have City employees laid off should budget cuts be necessary. C. Report of City Attorney There was no report. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 8:44 p.m. Motion carried unanimously. CITY OF 15LN CLE'RK'S LICENSE APPLICATION LIST December 21, 1982 1933 RENEWAL LICENSES HEATING & VENTILATING CONTRACTOR (JMULTI-FAMILY & COMM.) Adolphson & Peterson, Inc. Kraus-Anderson of Mpls., Inc. Landico, Inc. Lanr Construction Co. Midest C.,mLnt Co;)any, Inc. Russ Smith Construction CONTRACTOR (I & 2 FAMILY) 0. R. Anderberg Co. Block & Concrete Services, Inc. Bruce Bren Homes First Park Developnient, Inc. Don Harris Contractor Harvey Homes, Inc. Al Hirsch Construction Klink Construction, Inc. Kenneth D. lonzen Lundgren Bros. Construction Swhorse, Inc. Star Contractors Sunway Homes, Inc. R. A. Ungerman Construction Van Feckhout, Inc. plUMBLNG Baedeker Plumbing Budget Pluu.bing Corp. McQuire M,,chanical Services Piper P .hvibing, Inc. Standard Plwbing & ArTliance Welter & Blaylock, Inc. WELL DRILLING E. H. Renner & Sons Max Renner Well Co., Inc. Don Stodola's Well Drilling SLPT1C SYSTEMS Suburban Sewer Service Air Comfort, Inc. Air Conditioning Associates, Inc. Allied Metal Craft Co. Baedeker Plunting A Heating Golden Valley Heating & Air Conditioning Narkie Heating & Air Conditioning, Inc. Quality Refrigeration, Inc. SBS Mechanical, Inc. Yale, Inc. GAS FITTER Air Conditioning Associates, Inc. Boedeker Plumbing & Heating Yale, Inc. ON SALE LIQUOR & SUNDAY LIQUOR LICENSE Abbey's Restaurant Eden Prairie Steak Associates Fiddler's Deli & lounge Genghis Khan Of Sapporo Olylvic Hills Corporation Chesters Family Restaurant (Delinquent Taxes) CLUB LIQUOR LICENSE Eden Prairie Legion Assn. 3.2 BEER ON SALE Cedar Hills Golf Park Margies Echnvale Golf Club Jerry's Super Valu Lion's Tap Terrific Lunch Co. #1 Terrific Lunch Co. #2 3.2 BEER OFF SALE Driskill 's Super Valu Eden Prairie legion Assn. Fdenvale Golf Club Jerry's Super Valu Lion's Tap Margins PM Food Store W. Gordon Smith Co. Valley Dairy 61 CLERK'S LICENSE APPLICATION LIST PAGE TWO CICARET IFS Driskill 's Super Valu Eden F'rdirie legion Assn. Eden Prairie Steak Associates, Inc. Lion's Tap PDQ Food Stores Terrific Lunch Co. #1 Terrific Lunch Co. #2 W. Gordon Smith Co. Val ley Ddi ry MECHANICAL GAMES Abby' s Restaurant Lion's Tap PDQ Food Store VENDING MACHINE Cedar Hills Golf & Ski These licenses have been approved by the departwent heads responsible for the licensc i activity. I 1) I, / n ) ,,..7 - 7 4-A.t.. t___. Pat Sol ie, Licensing Clerk. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOIA ORDINANCE NO. 17-82 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMLNDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNi.SOIA, ORDAINS: Section 1. 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 initidted propcsing that the land be removed from the Rural District and be placed in the 1-2 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 I-2 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph C, shall be and is amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdcei:eanor" are hereby. adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of entered into betv.een Herleiv Helle and Borghild Hello and the City of Eden Prairie, which agreement is hereby made a part hereof. Section 6. 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 7th day of Septefter, 1982, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of Wolfgang H. Penzel, Mayor ATTEST: John D. franc, City Clerk PUULISHH in the Eden Prairie News on the ._ day of 1982. 2 .2)63 That part of the Southeast Quarter o f S e c t i o n 1 2 , T o w n s h i p 1 1 6 , range 22, Hennepin County, Minnesota describe d a s f o l l o w s : Beginning at the southwest corner of l o t 1 , B l o c k I , N o r s e m a n Industrial Park 4th Addition; thenc e o n a n a s s u m 2 d b e a r i n g o f South 3 degfees 21 minutes 32 secon d s W e s t , a l o n g t h e w e s t l i n e of Uest 74th Street as platted in s a i d N o r s e m a n l e d u s t r i a l P a r k 4th Addition, a distance of 70.00 f o o t t o t h e s o u t h l i n e o f s a i d West 74th Street; thence easterly p l o n g t h e s o u t h e r l y l i n e o f said West 741h Street to the northw e s t c o r n e r o f l o t 1 , B l o c k 1 , Norseman Industrial Park 3rd Additio n ; t h e n c e S o u t h 2 d e v e e s 17 minutes 35 seconds East, along th e w e s t line of said Norse- man Industrial Park 3rd Addition, a d i s t a n c e o f 3 5 9 . 5 0 f e e t t o the southwest corner thereof; thence N o r t h 8 7 d e g r e e s 0 5 m i n u t e s 36 seconds West, along the south lin e o f t h e N o r t h H a l f o f t h e Northeast Quarter of the Southeast Q u a r t e r o f s a i d S e c t i o n 1 2 , a distance of 260.13 feet; thence No r t h 2 d e g r e e s 1 7 m i n u t e s 36 seconds East a distance of 398.2 9 f e e t t o a n i n t e r s e c t i o n w i t h a line bearing North 86 degrees 38 m i n u t e s 2 8 seconds West from the point of beginning; thence Sout h 8 6 d e g r e e s 2 8 minutes 28 seconds East, a distance of 79.03 f e e t t o t h e p o i n t o f b e g i n n i n g . s EXHIBIT A 4 DEVELOPER'S AGRLUILNT lfilS AGREEMENT, made and entered into as of , 1982 by and between HERLEIV MULE AND BORGHILD HELLE, husEand and wife, as joint tenants, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation hereinafter referred to as "City", W11NESSETH: • WHEREAS, Owner has applied to City to rezone from Rural to 1-2 approximately 2 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 one industrial lot. NOW THERLIORE, in consideration of the City adopting Ordinance No. 17-82 and ,Resolution 82-213, 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 June 10, 1982 reviewed and approved by the City Council on Sept. 7, 1982 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 tires and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. Developer's Agreement-Norseman Industrial Park 5 page 2 3. Owner shall convey by Warranty Deed that part of t h e property shown as West 74th Street on Fxhihit B, o u t - lined in green to the City prior to the issuance o f a n y building permits. Prior to the release of the final plat to Owner by C i t y , Owner shall submit to City 'a 100% petition for c o n - struction of that portion of West 74th Street ou t l i n e d in blue on Exhibit B. Said petition shall be acc o r d i n g to the conditions in item V.B., Exhibit C. Such petition shall specify assessment areas to be s u b - ject to such assessment. 4. Prior to any grading upon the property, Owner shal l s u b m i t detailed utility plans to the City and obtain the C i t y ' s approval thereof. 5. Owner shall notify City and the Nine Mile Creek Wa t e r s h e d District 48 hours prior to any grading upon the pr o p e r t y . 6. Prior to the issuance of any building permit, Owne r s h a l l submit to City a detailed landscaping plan and ob t a i n City's approval thereof. Such plan shall include h u t n o t be limited to screening of all loading areas, par k i n g a n d mechanical equipment. 7. Prior to, or contemporaneous with, further platti n g b y the owner of his property which would require ext e n s i o n of West 74th Street, connection between West 74th S t r e e t and Valley View Koad should be provided. n Ind. Pi . E, pzste 3 IN WITNESS WEREOF, the parties to this Agreegent have caused these presents to be executed as of the day and year aforesaid. CM OF EDEN PRAIRIE bYyolfgang H. Fenzel, Mayor by Carl J. —Jull ?ariay er STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1982 by Wolfgang H. Penzel, the Mayor and Carl J. Jul lie, the CityM..,w,gor of the City of Eden Prairie, a Minnesota mun i c i p a l corporation on behalf of the corporation. Notary Public yy t•;- /.p• 6, IriLSJ OWNER - by' ihrl icy -)/ Helle 7,742.7"b7i 1, )rri: by BoVlild Helle STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) 77 foregoing instrument was acknowledged before me this PL___ day of (,e. 1982 by Herleiv Helle and Borghild Hello, husband and Wife, as joint tenants. Not dry l'ubl ic 36:1 ti \ •••• j371.-7 .-\N\ S' 1 I I 1 n N.. - -.. N I .1 . kt; . z• sl \\ LOT I -7.7 . ) i El.( .1,' :Z 1 ' / • CO I il • / . / i 1 ' \ V \ Qp 1 I i z 13 LOCK 1/. .1 6,..,4-, N C‘1) )L 8 -I / / I / i / / . 9 1,7 •0 7 - 1--- ---...L__. -- sp.z I . / jec..9.1,5 / .1 .b/-•.7..; -.N. ! 0 7d1 1 \ N , 1 ,F`1 •2 • .' / 1,,,,,.11 : : - / • ..• ./ • .„ ' / . • 1 4 \ . \ N. 1 •sc / * / • -- / / , 1 N N., i / • / , • V \\ 0 ...._ 04,7.35 1 \ A . 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I... ,.., . :.- - :. t... 7••..- -,...... -4.1- _ __ _^."-: .7, ._. c:_f, , ?._ <IA= .................k n ''''.., e V 1-...-:-.-1 --;i7i 7 --:4--- -- - . - - f.: ,_,,040/ --- •coic;-, F.75,1 1 _____--F,,,,..., i,-Top .5 64. 4 ___ ..- ,-..,--- ., q .,ye..).--, : • C br9 " -11--5 po / ( t :: i I C.BC,Z.0 < "`,.. . •‘... 8 70. 4.5 .1 I Lig.....7.-..-_-_-_V-_>-Dramaye LII;1;t y EaSPrnen71.6ii..... .9 7 0 .2 1 .1 e'r \ . NN ...., -.... I N N ........ N. \ 7 0 • N. --...„ ....... . 1 I • • r, 7/. s s v s' -••••••-. • s ri • The ic to full 1 ,-7.xt of the City of Etn Prairie 0:Mw.0 No. OilS ad,..;.yd and otred Hblif.hod at a regular kpoting of the City CwAr,cil of the City of fCn Plairie on Doci-iber ?I, 10'62. following the text of th Iti di are. the Developer's Agreel.nt, which is incorporated therein by Section 5 of this Ordin a n c e , is suLiarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-82 AN ORDIANCE Of THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FRO M O N E 70NING Dlc,1RICT AND.PIACING IT IN 17;NOTHER, N.Ii:NOING THE LEGAL DESCRIPTIONS OF LAND IN EACH DIS'ikICT, AND, AWNING BY REIPiNCE, CIIY cort CflAPTER 1 AND SECTION 11.99 WHICH, AMONG OIHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF [DEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a par t h e r e o f . Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2 District. Section 3. That the proposal is hereby adopted and the land shall he, and hereby is, removed from the Rural District and shall he included hereafter in the 1 - 2 D i s t r i c t , and the legal descriptions of land in each District referred to in City Code , S e c t i o n 11.03, Subdivision 1, Subparagraph B, shall be and is amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 1 1 . 9 9 entitled "Violation a Miscleanor" are hereby adopted in their entirety, by r e f e r e n c e , as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agree .:1,ent dated as of entered into between Herleiv Hello and Borghild Helle and the City of Eden Prairie, which agreement is hereby m a d e a part Pc roof. Section 6. and publication. This Ordinance shall become effective from and after its passas.e FIRST READ at a regular resting of the City Council of the City of Eden Pra i r i e on the 7th day of SepteLber, 1982, and finally read and adopted and ordered p u b l i s h e d at a regular meeting of the City Council of said City on the day of Wolfgang H. Pen7e1, Mayor ATTEST: John D. Franc, City Clerk PUBLISHED in the Eden Prairie News on the day of 26,9 , 1982. Summary of Developer's Agreement: Norseman Indus tiial Park 5th Addition Developer will develop the land as described in Fxhibit B, Aich is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agree- ment provides for: 1. Conveyance to the City of that part of the land shown as West 74th Street as right-of-way on Exhibit B. 2. Submission to the City Engineer of a development and utility plan for the land. 3. Submission to the City of proof that the condition of title of property conveyed to the City is such that it will vest good and marketable title in the City. 4. Submission to the Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 5. Payment to the City of first three years of lighting fees. 6. Developer's commitment not to oppose re7oning, if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 7. Application of the Developer's Agreement to transferees of the land. 8. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 9. Notice to the City's cable franchisee. 10. Submission to the City of a landscaping plan. 11. Owners' commitment that prior to future platting of land, a connection between West 74th Street and Valley View Road will be provided. 12. Payment of cash park fee required by City Code. g?)70 CITY OF LDI_N PRAIRIE HINNJIN COUNTY, MU;NiSOTA RESOLUTION NO. 82-280 A RLSOLUlION APPROVING THE '_',U!'.ARY OF ORDINANCE 17-G2 AND ORDERING THE PUBLICAIION or SAID SUIT.,ARY WHEREAS, Ordinance No. 17-8? was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance 17-82, which is attached hereto, is approved; and the City Council finds that said text clearly informs the public of the intent and effect of said Ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Crdinance shall he made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance 17-82 shall be recorded in the ordinance book, along with proof of the publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on Wolfgang H. Penzel, Mayor SEAL ATTEST: John D. Franc, Clerk .4RA% Deceber 9, 1932 MAYOR WOLFC.WkNG PLN7111. 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 EDEN PRAIRIE CITY COUNCIL b950 Eden Prairie Read Eden Prairie, Ilinnesota 55344 RE: BRYANT LAKE CONDGMIN1UMS PRELIMINARY PLAT Honorable Sir: Retrain Properties Company would like to request a six month extension on the Preliminary Plat Approval for Bryant Lake Condominiums. As you are aware, approval was gfanted in dune of 1982, and it is time to obtain Final Plat approval and exocute a Dove bleat Agreement. However, we have encountered a number of difficulties concerning access to our property at the north end of Bryant take. We feel that we should not enter into a Develop me nt Agree- Rent with the City until we are assured that proper access is secured. You are probably aware of the com.plicated situation concerning proposed Creese ,,..n 62. Nis is a County Hih.;:ay which will be built by the State on a re,ieral riOt-of-ely. Thus, there are three obtuse levels of gvernent from i wiC we oust ;btin pormission and cooperation regarding cur access near the intersection of Propused 62 and Beach Road. Furthermore, we have been net with strong opposition from a neighbor who has been trying to sway the govern metal agencies against us. This has caused much delay. We have hen working cice,ely with our architect, Mr. Ron Erickson, our land planner, Mr. John i;han, and our engirwer, James Vrila, all of ,Nhom have been wovi:ing diligently on this access problem. The City of Eden Prairie has been :'Iost cooperative. It is eiT intention to bm n cen;t.euction in 19,?,3. The problem of the access is our priary concern ,rd must he resolved More we can pursue this project further. It is, therefore, that we request an extension on the Preliminary Plat. RJlectfully, V ! V. ,ernardi Prc,ident dj Nit 1,111,11 n :=1 .n I 411,1/1,1111111,-“Iii SF11:4,=, 2,12 CHANMI (TT•DI R NO. I DFCLI.TUFR 7, 1C482 PROTICI: Valley View Peed S.A.P. 181-11O-D1 & I.C. 91-:40A Schnoner Poulevard S.A.P. 1B1-111-02 & I.C. `J1-:'(10A Topview Road I.C. bl-T!ITOA kCM file R01033 10: Richard Knutson, Inc. You are directed to rFAe the following chLer:T crs to your contract for the above referenced project. NATURE OF THE CHANGE: Incurred cost in correcting failures detected in the e x i s t i n g 1 2 " A B S sewer pipe during air testing perforFiod Oct.etTer 21 , 1 9 8 2 . Test failure was incurred betv.*cn uanholes located at station ST O O a n d s t a t i o n 0 + 0 0 on Valley View Road, west cod. Correction of deficiencies involved televising, scaling joints and reair test. This was perfurvd by Solidification, Inc. The cost incurred for this w o r k - JUSTIFICATION: ailuren detected in tesCing existing uttlitios were to be c o r r e c t e d a r i d paid for as (xtra work. rcorrh,re and peyF,rit for t h i s ; F o r k i s o u t l i n c r d in tire F.pocial Cr:nditiens, HT9e 02, Scsion 10. SlITT!...(r:Y OF (UNIVAC:7 ADTTITHMTAil 5: Ccrntr act .7innt Prior to this C(,e.nge 01 der Inc/ e-se sul t rig from this C 1 w n Cider Current COntreirl. AvFpuot incluciTng this CITange Orde r 'T AT,(91 . S ARE 0410,1 1): tTL <0.091, I R INC. By rate .7,2 _ $1,997,1 1A.98 1,(r65.00 1,90E1,716.88 THE LTTOVE CRAWS ARE MINED: 1<1 9131,1<1) KNUTSON, INC. CITY OF IDA PRAIRIE, MINN( SOTA BY . Date t e ,/,.1 S' (5' 2_ ' ?1, : CI Ft OF I 1)EN HENNLPili COLiNiY, PFS01.111 ION NO. 82-283 IP !,.01 UI ION tP UlVihO 1000 Pt 1.1110N, & OF PI P051 1C FOR FP.NVALE BLVD. (BLI-1..TEN WOOPiHILL 1-AIL AND BIRCH ISLAND ROAD) I.C. 51-356 BE IT hi SOLVED LI tie FdLn Prairie City Cc-Jncil: 1. The earners of 10T'.; of the real property -,butting upon and to be benefitted from the prop::sed utilities, street improvements, and sidewalk have petitioned the City Council to construct said improvements i.nd to essess the entire vest pro,::orty. 2. Pursu;,nt to V.S.A. 429.031, Suloci. 3, alx.1 pen ram: of the City said are F.Licty the City shall e for said i:!•.pro ,nts in a(col."..an ,.e. with City stan.-:ards aid "Pie tise fir bits 3. 3, L'!.? City is ?ti ish a „-y of OW is Con , e in or tIe.i a or traLt Por Lion ofsr.id i.a. Pc s'!..311 not 1.:?. ;-(.....rfd prior io 30 of this I .osolulion in -,;.e City's u n licial tie of City of Firie on December 21, 1982. ',.,'Dify:ng H. P.A.:el, AT1LST: HAL ,1Ohn. D. Franc, Clerk - BY: ( I '•• I', '.`. ' ) 't Ti i/ , j'S 10 1HE h1 ,1:t7 PkAlklB ClTY COUNCIL: The inale: signed are all the f ee own e z s o f t h e -al rx ope: ty 1.,cl ow and InA e in pet it ion for the hiet P t a i i i e C i t y C o u n c i l t o p : o c L e d wit hilog t be 1 ,o1lowing .ilnplOvtn,ent St (Cenelal Location) FaLlivale Boulevard from Woodhill Tra i l t o • X _ 5anjtc y • Birch island Road: x z lain 31 X .Storm 'Sewer X eet..Eaving 5c other Drive from the . south interction at Edenvale Blvd. t o Valley View Rood to Biich island Road an d a l o n g W o o d l a n d Bit rWai§ It ?way .t;'4 .77;.(111c1".ed on Ed, oval e Blvd. front the north intersect ion at Fdenvale Blv d . ran suant to M.B.A. 429.031,. flolod. 3, t h e u n a , : s i y n f . 3 l a - c p l a y ive any hCaS log to be held on --mid• ovenarnt s, and fuz than at e and 191 ce that the total cost of said i,ap : o v e a a : n t s s L a l l h e al y as- o gainst the ha oi ,erty dcsci ihrql 1 ,(710 ,4 :n cut dance th the city's :..pecial .(!!` !,1.t•Fit. jail lobs, We fur tiler llrAerstand that the j ,ye]iJi.liOtI y, est 11,-,at c-d total cost for the said improv e m e n t s i s • 1-A1c-et ,n 1 h n -r trial iyt ion of it y . to Bei -ved nutlor K, L, B, Part , of Q, R, _ . Fdenvale 3rd Addition Outlot A 1, B,F.dnvale 8th Addition Names and ,adresses of ;et it 1r s (Must he 0 ,01V1 a of _reoi .c3)._ . . Equitable Life Assurance Society of U. S . _ . _ (For City Use) Pate Rec e v _ I'luject Council at in Zt Lct .9W1S- MEMORANDUM TO: Mayor:Penzel and City Council Members THROUGH: Carl Jul lie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: December 16, 1982 RE: Minnesota Department of Transportation Agency Agreement Attached for your consideration is a rather lengthy agreement which has to do with the expenditure of Federal Aid Urban System Monies. Without going into a lot of elaborate detail, federal funds that are available to Eden Prairie for improvement of the Federal Aid street system all go into one large "super fund" regulated by M9tropolitan Council and Minnesota Department of Transportation. There is a very cumbersome process to determine project priorites in the metro- politan area and as a result none of the funds have ever been spent in Eden Prairie. Because the State Highway system within the metropolitan area competes for these funds, it is unlikely that Eden Prairie will in fact be able to . spend any of these Federal dollars. However, if we ever do have a project with a high enough priority to beat out the competition, it is necessary that we would have executed the attached agreement to be eligible for the funding. I have been told in no uncertain terms that if Eden Prairie should become eligible to spend these Federal funds, we must sign this agreement. Therefore, I recommend that a motion be adopted which authorizes the Mayor and City Clerk to execute the attached agency agreement. EAD:sg Revised 12/1982 Cffice of State Aid MINNESOTA EEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT This Agreement made and entered into by and between the City of Eden Prairie herein after referred to as the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter referred to as the "Commissioner", WITNESSETH: MEREAS, pursuant to M.S. 161.36 the City of Eden Prairie desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys: and IiHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and condition of the agency be set forth in an agreement: NC, THEN, IT IS AGREED: - 1 - That pursuant to M.S. 161.36, the City does hereby appoint the Commissioner its agent with respect to all federally funded projects, to accept and receive all federal funds made available for said projects and to let contracts pursuant to law for the construction and improvement of local streets and bridges. Page No. 1 Each project to be covercd by this agreement shall be ptogrmmA by the submission to the Commissioner of a progrLmming form together with a certified copy of the resolution of the City Council requesting the Commissioner to obtain federal'ayproval for the project(s). Each contract will be in accordance with plans and special provisions for said projccts on file in the Department of Transportation, State Transportation Building, St. Paul, Minnesota 55155, and the latest edition of "Standard Specifications for Highway Construction" and all amendments thereof, which said plans, special provisions and specifications are made a part of this agreement by reference as though fully set forth herein. In the letting of said contract, it is hereby agreed that the following procedures shall be followed, to-wit: (a) The Commissioner shall cause the advertisements calling for bids on said work to he published in the Construction Bulletin. He shall also cause advertisements for bids to be published in the officially designated newspaper of the City. Said advertisement or call for bids shall specify that sealed proposals or bids will be received by the City Clerk of Eden PCa1rie on behalf cf the Commissioner as agent of said City. Proposals, plans and specifications shall be available for the inspection of prospective bidders at the office of the Department of Transportation, St. Paul, Minnesota 55155, and at the office of Page No: 2 said City Clerk and the advertisement shall so state. The bids recrived in response to said advertisements for bids shall be opened for and on behalf of the commissioner by a District Director of the Department of Transportation or such other engineer of the Department of Transportation as may be from time to time selected by the Commissioner. After said bids shall have been opened, the City Council shall first consider the same and thereupon transmit to the Commissioner all bids received together with its recommendation that the lowest bid submitted by a responsible bidder be accepted or that all bids be rejected. Upon receipt of all said bids, the Commissioner shall duly cause all of said bids to be tabulated in accordance with law and shall thereupon determine who is the lowest responsible bidder and shall award the contract to the lowest responsible bidder or shall reject all bids. (b) The Commissioner shall supervise and have charge of the construction of said projects after the same has been let. The City agrees to furnish its City engineer or other registered engineer and assign him to the active supervision and direction of the work to be performed under any contract let for the aforesaid projects. Said engineer so assigned shall act under the supervision and direction of the Commissioner. The City further agrees to furnish such other personnel, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. Page No: 3 (c) The Commissioner may make changes in the plans or the character cf the work as shall be recommended by the engineer in charge of the work. If he concurs in such recommendations, the Commissioner may enter into, for and on behalf of the City, supplemental agreements with the contractor for the performance of any extra work or work occasioned by any necessary, advantageous, or desirable change in plans or construction. It is understood by the City that the Commissioner cannot personally investigate and pass judgment on the various items of extra work and plan changes necessary and desirable during the construction of the projects but that he must delegate such duties to engineers under his supervisj.on and control that are employed by the Minnesota Department of Transportation. The City does hereby authorize these engineers, so delegated by the Commissioner, to enter into, for and on behalf of the City, the supplemental agreements specified in the preceding paragraph hereof. (d) The City hereby authorizes its City Engineer, for and on behalf of the City, from time to time, during the progress of the work on said projects, to request the Commissioner to furnish for use on said projects specific engineering services to be performed by skilled employees of the Minnesota Department of Transportation. The Commissioner may but is not obligated to furnish the services so requested. Page No; 4 2.3 XO If the Cor ,„missioncr in compliance with such request shall furnish for the use of the City on said project the services of any Minnesota Department of Transportation employee, then and in that event, the City agrees to reimburse the Trunk Highway Fund for the full cost and expense of the furnishing of such services including all costs and expenses of any kind or nature whatsoever arising out of, connected with, or incidental to the furnishing of such services. (e) The Commissioner shall receive the funds to be paid by the City and the funds to be paid by the United States as federal aid funds, for said projects and to pay therefrom when due any and all sums that may become due the contractor to whom the contract is awarded, and upon final completion and acceptance of the work, to Fay from said funds the final estimate to said contractor for said work. (f) The Commissioner shall perform on behalf of the City all other acts and things necessary to cause said projects to be completed in a satisfactory manner. (g) The Commissioner may enter into any agreement for and on behalf of the City with the United States or any officer or agent thereof that may be required or necessary for the purpose of procuring and actually causing to be paid the federal aid funds available for said projects and to that end to bind and commit the City in such agreement to the performance of any and all things required by any law of the United States or of any rule and regulation issued by federal Page No: 5 4,3 authority pertaining thereto necessary for the purpose of procuring and having paid the federal aid available for said projects. (h) It is the policy of the United States Department of Transportation and the Minnesota Department of Transportation" that minority business enterprises as defined in 49 CFR, Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently, the minority business enterprise requirements of 49 CFR, Part 23, apply to this agreement. The Commissioner will insure that minority business enterprises as defined in 49 CFR, Part 23, have the maximum opportunity to participate in the performance of contracts, financed in whole or in part with federal funds. In this regard, the Commissioner will take all necessary and reasonable steps in accordance with 49 CFR, Part 23, to insure that minority business enterprises have the maximum opportunity to compete for and perform such contracts. The Commissioner will not discriminate on the basis of race, color, national origin, or sex in the award and performance of federally funded contracts under the terms of this agreement. (i) The Commissioner may perform on behalf of the City any other and further acts as may be necessary or required under any law of the United States or of any rule or regulation issued by proper federal authority in order to cause said projects to be completed and to obtain and receive the federal aid made available therefor. Page No. 6 - 2 - The City agrees that it will from time to time, after the execution of this agreement, make such reports, keep such records and perform such work in such manner and time as the Commissioner shall from time to time recuest and direct so as to enable the Commissioner as its agent to collect for it the federal aid sought. Said records and reports shall be retained by the City in accordance with the Commissioner's record retention schedule for federal aid projects. It is anticipated that the United States will pay to the Commissioner as the agent of the City, the federal aid funds available to said City toward the construction of said projects. It is further anticipated that the contracts to be let by the Commissioner as the agent of the City, for the construction of said projects shall provide that the contractor, as the work progresses, shall, from time to time, be paid partial payments designated in said contract as partial estimates and on the completion and acceptance of said work to be paid a final payment designated in said contract as a final estimate for all work performed. The City further agrees that any City funds and/or Municipal State Aid funds to be applied to any contract covered by this agreement shall be deposited with the Commissioner in accordance with 14 MUIR Section 1.5032. At regular monthly intervals after contractors shall Page No. 7 kOrY, ceitsatits :et by the Ccicrissiorer .45 a(-ht for the City for the conlruction of said prujcts, euginter acrii .;red to and in charge of said work shall prepare rartial ectimat ,s in accordance with the terms of said ;tracts let for caid projects and the procedures established by the Cffice of Cciistruction, Minnesota Lepartrcent of Trasertation. The naid ctigineer in charge of said work shall 1:;.-ditely after preparing cach partial estimate, transmit the state to the Cc.missioner in guintuplicate. Each such partial estimate, shall be certified by the engineer in charge and by the contractor performing such work. The said engineer assigced to and in charge of said work shall also prepare and suhmit to the Commissioner the final estimate data, together with the rcguired ptoject records in :-ccor ,iance with the terms cf 'aid contracts let for saiti ptcjJicts. anitHos listeid on taid iiatttal and final estimates shall be documented in accerdasce with the guidelines set forth in the applicable OccLmestacion m:ishal. After the a:Trcved final estimate has hoiin sulmittea to the Ccsm ,issioner, the City will pay to the Cts -tssiner =mosht tcgether with the fcderal far that licject wall be sufficient to pay all the contract costs of the project. - 4 - laen the contractor shall have completed the work on said projects, the City ayrses to inspect the some and forthwith upon the ecIspletien of said inspection advise the Page- !,,o. 8 Co7missicrer whether or not the work perfor7ed should be, by the Ccmmissioner as its agent, accepted as being performed in a satisfactory manner. In the event the County should, after said inspection, recommend to the Commissioner that he should not accept said work, then the City shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted. It is further agreed that any recommendations made by the City are not binding on the Commissioner but that he shall have the right to determine whether or not the work has been acceptably performed and to accept or reject the work performed under any said contract. - 5 - It is further agreed that the decision of the Commissioner on the several matters herein set forth shall be final, binding and conclusive on the parties hereto. - 6 - It is anticipated that the entire cost of said projects is to be paid from funds made available by the United States, by way of federal aid, and by the City. If for any reason the United States fails to pay any part of the cost or expense of said projects, then and in that event the City agrees to pay the same. The City further agrees to pay any and all claims or demands of any kind or nature whatsoever arising out of or incidental to the performance of the work under any contract let for said projects in the event that the United Fage No: 9 States does not pay the same, and in all events, agrees to save the State of Minnesota and the Commissioner harmless and to pay any and all expenses and costs connected with said projects or the construction thereof which the United States does not pay. - 7 - The City further agrees that 1) Where there is federal aid in right-of-way; The City will meet the requirements contained in the Federal-Aid Highway Program Manual Volume 7. Note: If there is federal aid in relocation only, the contract discussed in Chapter 5, Section 1, Paragraph 10C, of said Volume 7, must be executed. 2) Where there is federal aid in construction only; The City will meet the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 together with FHIA regulations implementing Title II of the Act on relocation (FHPM Volume 7, Chapter 5), and Federal-Aid Highuay Program Manual Volume 7, Chapter 1, Section 4, Paragraph 5A pertaining to civil rights. - 8 - All references to statutes and rules shall be construed to refer to the statutes and rules as they may be amended from year to year. - 9 - The Commissioner accepts this said appointment as agent of the City and agrees to act in accordance herewith. Page No. 10 .23 Z(0' DATE CITY CF Eden Prairie RECCMMENDED FCR APPRCVAL BY Mayor Attest: Director, Cif ice of State Aid Cate City Clerk APPRCVEE AS 10 FCRM AND EXECUTICN: STATE CF MINNESCTA BY Commissioner of Transportaticn ' DATE DATE (Sutmit in Duplicate) (SEAL) Page No. 11 a3z7 MINNESCTA DEPARTMENT CF TFANSPCPTATION FEDERAL AID FCRM NC. III Be it resolved that pursuant to Section 161.36, Subdivision 1 through 6, Minnesota Statutes, the C o m m i s s i o n e r of Transportation be appointed as agent of the C i t y o f Eden Prairie to let as its agent, contracts for the construction of local streets and bridges, and th e M a y o r a n d the Clerk are hereby authorized and directed for a n d o n b e h a l f of the City Council to execute and enter into a c o n t r a c t w i t h the Commissioner of Transportation prescribing th e t e r m s a n d conditions of such contracts in the form as set f o r t h a n d contained in "Minnesota Department of Transportat i o n A g e n c y Agreement" a copy of which said agreement was bef o r e t h e Council, assuming on behalf of the City all of th e o b l i g a t i o n s therein contained. (SEAL) (Submit in duplicate) Note: Attach certification by City Clerk with e a c h c o p y o f r e s o l u t i o n . Page No. 12 Qn? miLMORA:.1DUM TO: Mayor and City Council Mam!)ers FROM: Eugene A. Dietz, Director of Public Works: if DATE: Decerber 13, 1982 RE: 5 Year Construction Program/State Aid Improvements Attached for your review and .approval is a proposed 5 year Capitol Improvement Budget which would utilitize the available State Aid funds through 1987. You can readily see that this proposed budget is fixed with the exception of approxirately of $103,000 shown to be expended for improvements to Homeward Hills Road between Sunnybrook Road and Pioneer Trail. For a variety of reasons, this budget is a very simplified version of what can and probably will happen during the course of the next 5 years. For the purposes of the bond repayrtent schedule for the recrntly sold State Aid bonds, we have shown a "front-end loaded" payoff which substantially reduced the interest rate we received for this bond sale. We do hove additional borrowing capacity against our State Aid allocations and as we discover the more specific details of read project costs such as Anderson Lakes Parkway, Hoe ,,,ard Hills Peed, and Technology Drive, we will reevaluate the State Aid bonding needs and adjust the budget as necessary. However, it is required that that we submit a 5 year CIP for State Aid expen- ditures, therefore, I request that you approve this budnet as shown with the understanding that a co:l .plete set of priorities have yet to be established for the utilization of State Aid funds. Recomend a motion of approving the attached 5 year CIP. EAD:sg STATE-A19 ruction Pr..)Lrant Oar (State Aid B7.:pentlitures Only) RV 99 Present State Aid ConsLruction Balance June 30, 19 8.2. $ Bsti.7ated Annua1 .Construciiun AlloLlent $2A..76.- 247 X 4 0, 703 66Y ESLimate:1 Tetal State Aid Allotnenr for Prel;raning Purposes $ /, 9 ESTII!ATED EKT=91T17ZES Year of Exnenditure Termini _ . Project Descrietion Estimated State Aid Ex ,enditure 1982 On Prairie Cr:Ntur Dr 181-111 Fr 0771: a T.1-y ii W PTLI —lI e, -110 Grade, C & 0, pave $ 269,054.88 To_TH 5 _ drainac,e, sidewalks -- Le n;; al —0.7-51-7711e7 1')83-1987 On Valley View Rd 181-109 $ Bend Sale-S2Oolo.o From (..S,Ail 4 Grade, pave, draina9e, To Dell Po ,Id 181-108 sidewalks, pedestrian Lonsth TA, viles bridge F.l93-1987 On 0,.?1 .1 .7L7,d_ 101-103 Frc'm iciI.:-"0...--TYdil. Grade, C & G, pave To . Ticotstla Tra0 drainage, sidewalks Lon3th -0-.00 ivilos ;Bond Sale-See Below 1983-1987 On riich ,)11 Po -ld 101-104 From 19 5 Grade, C & G, pave . Sond Sale-See Below T o Scenic fits Pna d 181-10 drainage, sidewalks Len3th 0.49 Bond Sale Summary (Total Principal for ' years 1983-1987) 011 5.9,!'1 ,w,ird Hills Rd 181- $ 1,600,000.00 1934 _ 01 -.::;.`):;,.!:‘,'1:i', ,,T . a:— To _ .. I ..r...R i _ . h .o_y.., rj .L.:5__ 17 . Cr ado, C & 0, pave drakage, sidewalks ....5. $ 103 000.00 Decetber 21, IcA2 (111 . t:t IF hi' PIN c , RI.SCAU1ION 00. 82-281 A RISOtUlION APPROVING FIV,L PLAT OF MINNESOTA TREE RI AS, the p1 it of Minnesota Tree has hyen sub- mitted in the F,,:hfr required for plotting land •nider the irn Prairie Oidit.ance C:,tie and uhder Chapter 462 of the Mir,nesota Statutes aid all procfedintjs have•Len duly Jed t1,treunder, and ' 001RLAS, said plat is in all respects consistnt with thp City plan and the replatiuns and requilrA.ents of the laws of the Slate of Mionesota and ordin- ances of the City of Eden Prairie. NOW, THIRLFORE, BE IT RESOLVED BY THF. CITY COUNCIL OF THE CITY OF .EDLN PRAIRIE: A. Plat Approval Request for Minnesota Tree is approved upon cmpliance with the recondation of the City Engineer's - Report on this plat dated December 15, 1982. That he City Clerk is hereby directed to file a certified copy of this rcsolution in the .oifice of the F,eqister of FrA and/or Pr2gis- trar of Titles for their use as required by MSA 462.38, Subd. 3. That t'le Citv tcrl is t dected ID a Lel tified ,cpy of this 17eso -lt,tien to of the plat. That the Mayor and City !.'o(jr ale •Flrr-I-4 auLhoriced to ixecute the certific6te of apprcval en ht,half of the City Council upon com- pliance with the t'eri?lj,ing A1100140 by the City CcJnoil on December 21, 1982. 001fgang H. Peoiel, raydr AllEST: SEAL John D. Irene, Clerk B. C. D. 2J(-11 CITY OF LN:.N MIRIE ENGINEERING REPOkl ON fINAL PLAT 10: Mayor Peniel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David Olson, Engineering Technician DATE: December 15, 1982 SUBJECT: Minnesota Tree PROPOSAL: The developer, Northwestern National Bunk South, has requested Cit y Cbuncil approval of the final plat of Minnesota Tree. The plat cont a i n s approximately 2.5 acres to be used for the construction of a bank by the developer. The site is located north of T.H. 5 and west of Prai r i e Center Drive in the South of Section 10. HISTORY: The preliminary plat was approved by the City Council on September 2 1 , 1982, per Resolution #82-225. Zoning to C-Reg-Ser was finally read and approved by the City Counci l on October 5, 1982, per Ordinance 5-82. The Developer's Agreement and Owners Supplement to the Developer's Agreement referred to within this report were executed on October 5, 1 9 8 2 . VARIANCES: Variance requests not covered through the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: No public utilities or streets will be installed within this plat. All utilities and streets serving the site will be installed under City contracts. The developer, through the Developer's Agreement, has agreed to iss u e a cross easement to permit property located northerly of the site t o jointly utilize access to Prairie Center Drive. PARK DEDICATION: The requirements for park dedication are covered in the Developer' s Agreement. BONDING: Public utilities and streets will not be installed within this pla t , therefore, bonding will not be required. RECOMMENDATION: Recommend approval of the final plat of Minnesota Tree subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of Engineering fee in the amount of 5100.00. 2. Executed cross easement for access to property to the north of plat. 9:392 TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: December 16, 1982 RE: M.I.D.B. - Braun/Kaiser - Resolution No. 82-286 Braun-Kaiser has renegotiated the interest rate on their I.D.B. and are requesting the City to amend its approval to reflect the new interest rates. The City Attorney's office has reviewed the necessary documents. The resolution will be in the Mayor's signature file. JDF:bw 12/16/82 December 21, 1932 ()TY OF ID:N PA1k11 HEI,NEPIN COUNTY, MIN%iSOTA P1501111 ION NO. 82-282 A RESOLUTION APPROVING FINAL PLAT OF NORSEMAN INDUSTRIAL PARK 5th ADDITION WHEREAS, the plat of Norseman Industrial Park 5th Additim s b een su b_ witted 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 tnereunder, 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 Norseman Industrial Park 5th Addition is aooroved upon compliance with the recoranendation of the City Engineer's Report on this plat dated December 15, 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 authori2ed 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 21, 1982. Wolfgang H. Pen2e1, Mayor AllEST: SEAL John D. Crane, Clerk 2 PM CITY OF FDP1 PRAIRIE ENGIN[LRING REMO' ON fINAL PLAT TO: Nayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David Olson, Engineering Technician DATE: December 15, 1982 SUBJECT: NORSEMAN INDUSTRIAL PARK 5th ADDITION PROPOSAL: The developer, Herleiv Helle, has requested City Council approval of the final plat of Norseman Industrial Park 5th Addition. The plat contains approximately 2 acres intended for Industrial use and is located south of West 74th Street, west of and adjacent to Norseman Industrial Park 3rd Addition in the North 1/2 of Section 12. HISTORY: The preliminary plat was approved by the City Council on September 7, 1982, per Resolution 82-213. Zoning to 1-2 is scheduled for final reading by the City Council on December 21, 1982. (Ordinance 17-82). The Developer's Agreement referred to within this report is schedCed for execution on December 21, 1982. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: The developer, prior to release of the final plat and in conformance with the Developer's Agreement, will submit a lOCK petition for construction of the portion of West 74th Street dedicated through this plat. Utilities to serve the plat were previously installed. PARK DEDICA1ION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding for municipal improvements within this addition will not be necessary. RTCON ,IFNDATION: Recommend approval of the final plat of Norseman Industrial Park 5th Addition subject to the requirements of this report, the Developer's Agreement and the following. 1. Receipt of 100',:, petition for the construction of West 74th Street. 2. Lxocution of the Developer's Agreement. 3. Receipt of Ingineering fee in the amount of $100.00. 4. Receipt of street lighting fee in the amount of $393.80. December 16, 1982 TO: Chief JackHacking THROUGH: Captain Keith Wall FROM: Sgt, Les Bridger SUBJECT: Liquor License Application We have completed the record checks and background investigation of all the principals listed on the application submitted by Kazama Enterprises Incorporated, intending to do business as the Kabuki Restaurant. There is no apparent reason for our Police Division to recommend denial of a liquor license for this establishment. Listed below are the agencies contacted to obtain background and character reference data. Aiea, Hawaii Police Department Alcohol, Tobacco and Special Taxes Beltrami County Sheriff Bureau of Alcohol, Tobacco and Firearms Drug Enforceaent Administration Federal Bureau of Investigation Hawaiian Department of Corrections Hawaiian liquor Commission Hawaiian State Crime Bureau Honolulu Hawaii Police Department Internal Revenue Service Minneapolis Police Department Minnetonka Police Department United States Postal Service United States Secret Service AFFIDAVITS OF GOOD CHARACTER 1. Senator Daniel K. Inouye, Washington, D.C. 2. Senator Spark M. Matsunago, Washington, D.C. 3. Mr. Wallace Y. Matsumoto, Honolulu, Hawaii UNAPPROVED Planning Commission Meeting Minutes December 13, 1982 'VI. NEW BUSINESS A. Proposed Amendment to Chapter 11, City Code to Allow Gymnastics Use in Industrial Districts Planner Enger reviewed the proposed Code amendupnt with the Commission. The major concerns were 1) parking formula to provide adequate spaces for such a use; 2) use of industrial space for a cormercial use. Plainer Enger reviewed the Council discussion and action with the Commission, staling that the Council had referred the matter to the Conflission for recmiendation regarding an ordinance amendment. The Coinission discussed the matter as to the types of uses which would be similar in nature and/or accessory to such gymnasium uses. MOTION Motion was made by Gartner, seconded by rhula, that the Planning Commission make the following reco(2ndation to the City Council: That the Council adopt proposed Ordinance #16-82, Amending City Code, • Chapter 11, Section 11.03 Thereof, Relating to Special Parking Requirements and Section 11.30 Thereof Relating to Permitted Uses in Industrial Districts, and Adopting by Reference, City Code Chapter 1 and Section 11.99 Which, Among Other Things, Contains Penalty Provisions. Motion carried--5-0-0 00)1 NUN NO. _16782 ._ AN ORD/NliNCE OF THE CITY OF E D E N P R A I R I E , M I N N E S O T A , A M E N D I N G CITY CODE CHAPTER 11, SECTION 1 1 . 0 3 THEREOF' REI.ATING TO SPECIAL PARKING PEUD1PEMENTS AND SECT I O N 1 1 . 3 0 T H E R E O F R E L A T I N G T O PERMITTED UGES IN INDUSTElAh D I S T R I C T S , AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTI O N 1 1 . 9 9 W H I C H , A M O N G O T H E R T H I N G S , CONTAIN PENAI,TY PROVISIONS. THE CITY COUNCIL OP EDEN PRAI R I E , M I N N E S O T A , O R D A I N S : Section 1.. City Code Chapter 1 1 , S e c . 1 1 . 0 3 , S u b d . 3.H.4.1., shall be and is' amen d e d t o r e a d a s f o l l o w . s : of Manufacturing 3/1000 sq. ft. C.P.A. Warehouses 1/2-1000 sq. ft. G.F.A. Office 5/1000 sq. ft. G.F.A. Gymnasium 5/1000 sq. ft. G.F.A." For supporting minor commerci a l u s e s w i t h i n office/industrial bui1din7s p r o v i d i n g a supplemcntal function to the m a j o r o f f i c e and/or industrial use the num b e r o f p a r k i n g spaces for such U:105 shall be nol less than the minimum required fur such uses in any other District." Section 2. City Code Chapter 1 1 , S e c . 1 1 . 3 0 , S u b d . 2, shall be and is amended by a d d i n g t h e r e t o S u b d . E . a s follows: "E. Gymnasium" Section 3. City Code Chapter 1 e n t i t l e d " G e n e r a l P r o v i s i o n s and Definitions Applicable to t h e E n t i r e C i t y C o d e I n c l u d i n g Penalty for Violation" and Se c t i o n 1 1 . 9 9 e n t i t l e d " V i o l a t i o n a Misdemeanor" are hereby adopt e d i n t h e i r e n t i r e t y , b y r e f e r e n c e , as though repeated verbatim h e r e i n . Section 4. This ordinance sh a l l b e c o m e e f f e c t i v e f r o m a n d after its passage and publica t i o n . FIRST READ at a regular meeti n g o f t h e C i t y C o u n c i l o f t h e City of Eden Prairie on the _ . _ d a y o f , 1 9 8 2 , and finally read and adnpled a m i d o r d e r e d p u b l i s h e d a t —Tregular meeting of the City Council o f s a i d C i t y o n t h e d a y o f , 1982. ATTEST: City Clerk niyur PUBLISHED in the Eden Prairie Ne:.Jf; on the &ly of , 1982. December 21, 1982 STAI ir MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The followine accounts wera audited and allowed as follows: 5204 PETTY CASH 5205 JOHNSON BROTHERS WHOLESALE 5206 OED PEORIA COMPANY,-INC. 5207 GRIGGS, COOPER & CO., INC. 5208 TWIN CITY WINE CO. 5209 PRIOR WINE CO. 5210 EAGLE WINE CO. 5211 INTERCONTINENTAL PACKAGING CO. 5212 ED. PHILLIPS & SONS CO. 5213 NELSON ENTERPRISES 5214 MINNESOTA DISTILLERS, INC 5215 SUPPLEE'S 7 HI ENTERPRISES 5216 POSTMASTER 5217 WENDY BURNS-CARLSON 5218 PHP 5219 BLUE CROSS INSURANCE 5220 GROUP HEALTH PLAN 52"- MEDCENTER KALTH PLAN 52 HMO SERVICES 5223 WESTERN LIFE INSURANCE 5224 MINNESOTA DEPARTMENT OF P/S 5225 HOPKINS POSTMASTER 5226 VOID OUT CHECK 5227 PETTY CASH 5228 RALPH KRATOCHVIL 5229 HENNEPIN COUNTY SUPPORT 5230 LANCE ENTERPRISES 5231 MENARDS 5232 MENARDS 5233 PETTY CASH 5234 TWIN CITY WINE CO. 5235 ED. PHILLIPS & SONS 5236 OLD PEORIA COMPANY, INC. 5237 JOHNSON BROTHERS WHOLESALE 5238 EAGLE WINE CO. 5239 INTERCONTINENTAL PACKAGING CO. 5240 NELSON ENTERPRISES 5241 BELLBOY CORPORATION 5242 PAUSI1S & SONS 5743 GRIGGS, COOPER & CO., INC. 5244 BEER WIIOLESALERS, INC. 5245 CAPITOI CITY DISTRIBUTING CO. CITY CLUB BISTUIBUTIN6 CO. ./ COCA COLA B0111.INN MIOWEST VAl• DISIRIBDEING CO. 5749 FAST slr[ BLVIM":61. CO. 5250 KIRSCH HISIRIBUTING Expenses Liquor Liquor Liquor Wine Wine Wine Wine Liquor Freight charges Liquor December rent-Liquor Store/Preserve 1983 Bulk Mailing Fee Instructor-Skating Insurance Insurance Insurance Insurance Insurance Insurance Motor vehicle registration Postage-Community Services Postage Instructor-Fitness class Service Equipment repair-Community Center Lumber-City Hall Sheet rock-City Hall Expenses-Community Center Wine Wine Liquor Liquor Wine Wine Freight charges Liquor Wine Liquor Beer Beer Beer Mixes Beer Beer Beer 70.79 1,582.0 2,668.Y, 2,610.81 444.8 504.18 1,204.5 1,678.4.". 30.6u 1,161.18 3,188.0 40.08 97.5:1 7,988.48 581.5U 1,560.5 2,549.80 524.11 604.03 9.44 22.(w 201.0.' • 149.8, 321.• 75.0H 641.7: 4,584.4'. • 538.1. 951.u' 15.0. 48/1.L: 4,262.-/ 15.' 562.: 6,041.t, 98.:: PE,ge two December 21, 1982 690.7 ,) 487.70 ill. IL 7,331.0u 158,733.60 47,613.4;, 4,883.3 254,425.3; 10,303.0., 16,406.7:, 49,452.bu 121,709.7'! 20.00 472.9'2 36.7 363,684.2 650.0.• 862.0 248.0c 172.4!: 28.0a 14.00 83.81, 25.17 Beer Mixes Mixes Beer Service-P/S & P/N Building Service-City West Parkway Service-I-494 Bypass at Prairie Center Dr. Service-West 76th Street Service-Valley View Road, Prairie Center Drive, Topview Road Service-Well Collector Line Service-Westwood Industrial Park Service-Storage Reservoir & Water Main Service-lechnology.Drive & Mitchell Road Equipment repair-Equipment Maintenance Office supplies Equipment rental-Police Dept. Service Bond payment Radio parts-Richfield Radio Program Signs, posts Chemicals-Snow & Ice Control Coffee-Community Center Equipment parts-Equipment Maintenance Name tags-Senior Citizens City code 3 ring binders Trees-Forestry Dept. Refund-Water & Sewer Bill Service-Technology Drive, Mitchell Road, City 45,373.3 West, Shady Oak, Prairie Center Drive, Miller Park Payroll Payroll Payroll Payroll Payroll Dues Payroll Payroll Volleyball official Supplies-Senior Citizens Service-Water Treatment Plant October service Equipment rental-Community Services Firemen calls Equipment repair-Water Dept. Service-Bennett Place, Atherton & Kilmer Ave. Mitchell Lakes Estates, West 76th Street Film-Assessing Dept. 273.Y: Rock Supplies-Liquor Stores Mileage Radio parts 3,317. Salt-Street Maintenance , ado() 1,15s.i 5251 A.J. OGLE CO., INC. 5252 PEPSI COLA/7 UP BOTTLING 5253 ROYAL CR= BEVERAGE 5254 THORPE DISTRIBUFING CO. 5255 ARKAY CONSTRUCTION CO. 5256 BARBAROSSA & SONS 5257 BUESING BROTHERS TRUCKING, INC. 5258 S. M. HEN] CES & SONS 5259RICHARD KNUTSON, INC. 5260 MINN-KOTA EXCAVATING, INC. 5261 NORTHDALE CONSTRUCTION CO. 5262 PITTSBURG- DES MOINES CORPORATION 5263 PROGRESSIVE CONTRACTOR INC. 5264 A & H WELDING & MEG. CO . 5265 ACRO-MINNESOTA, INC. 5266 ACTION RENTAL CENTERS 5267 AMERICAN LINEN SUPPLY CO. 5268 AMERICAN NATIONAL BANK OF MPLS. 5269 AMERICAN TELEPHONE SYSTEMS, INC. 5270 EARL F. ANDERSEN & ASSOCIATES 5271 ASHLAND CHEMICAL COMPANY 527 9 ASPLUND COFFEE CO., INC. 5: ASTLEFORD EQUIPMENT CO., INC. 52/4 BADGER/IN METRO 5275 BAER-STRAND COMPANY 5276 BAILEY NURSERIES, INC. 5277 WILLIAM BATHE 5278 BRW 5279 FEDERAL RESERVE BANK 5280 COMMISSIONER OF REVENUE 5281 AETNA LIFE INSURANCE CO. .5282 MINNESOTA STATE RETIREMENT 5283 GREAT WEST LIFE ASSURANCE CO. 5284 INTERNATIONAL UNION OF OPERATING 5285 UNITED WAY OF MINNEAPOLIS 5206 PERA 5287 GRANT BERGSTROM 5288 BILL-A-PAK CO 5289 BLACK & VLATCH 5290 CITY OF BLOOMINGTON 5291 BLMBERG PHOTO SOUND CO. 5292 MICHAEL BOS•CKER 5293 BOUSTEAD ELECTRIC & MEG. 5294 BRAUN ENGINEERING TESTING, INC. BROWN PHOTO 5296 BRYAN ocK PRODUCTS, INC. 5297 BUTCH'S BAR SUPPLY 5298 STEPHIN CALHOON 5299 CAPITOL urcunics, INC. 5300 CARGILL SALT DIVISION 15,106.?7 6,875.1! 40.('); 3,469.1. 392.11 , 72.!,[ 12,388. 32.1; 59.4: 1,304x 20.1;, 58.w, Pieje three Lecuter 21, 1082 S.01 CARLSON THERMOPLASTICS 5*H12 CERIIIIED POWER TRAIN 5003 CHANHASSEN WM-8 10 PUMPER 5004 CHANHASSEN irNN & SPORTS 5305 CLUTCH & U-JOINT 5a06 CUMMISSIONER OF TRANSPORTATION 5307 WALLACE CON1'itD 5308 COPY EQUIPMINI INC. 5309 COUNTRY CM MARKET, INC. 5310 CROWN Rt:!U R sun, CO. 5311 CUMIN MAIHESON SCIENTIFIC, INC. 5312 DAY-TIMERS, INC. 5313 DEPAR1M1NT OF NATURAL RESOURCES 5314 ROBERT DANIEL DOLE 5315 DORHOLT PRINTING 5316 DRISKILL'S SUPER VALU 5317 EDLN PRAIRIE SCHOOL DISTRICT 5318 EDEN PRAIRIE TRASHTRONICS 5319 CITY OF EDINA 5320 [FILERS & ASSOCIAIES, INC. 5321 ELECTRIC SERVICE CO. 5322 ELK RIVER CONCRETE PRODUCTS 5323 FL VIN SRI ELY SUPPLY, INC. 53 EMPCPNCY SERVICE: SYSILMS, INC. 53. EXIDE BATTERY SALES 5326 FAIRWAY WOODS II 5327 lEHRANCE A. FAUSKEE 5328 FEMAL EXPRESS CORP. 5329 FIRE INSTRUCIORS ASSN. OF MINN. 5330 FLAHERTY'S HAPPY LYRE COMPANY 5331 FLEET MAINTENANCE INC. 5332 FLOYD SECURITY 5333 FLYING CLOUD OIL CO. 5334 FLYING CLOUD 51,111 OILY LANDFILL 5335 FORESTRY SUPPLII.RS, INC. 5336 FRCNTILR lUMBER & HARDWARE 5337 G & K SERVICES 5338 G.L. (11RACIING, INC. 5339 GIN DISIRIBUIING 5340 6101RAL CGM!',UNICATIONS, INC. 5341 NANCY HARRI SON 5342 HENNEPIN COUNTY TREASURER 5343 HENNEPIN COUNTY TREASURER 5344 SHERIFF'S DEPART.-HENNFPIN CT? 5345 HONFYWEIL PROITCIION hIRVIULS 5346 H6NEYWEIL PROlECTION SERVICE 5347 HOPKINS POPO!: SAILS, INC. LOLL OS HATS CO. INAM FXCAUIINO 5350 INIIOISIGN INC. 5051 I B M 6352 JERN JONSON 1313 KRISTIN JOHNSON Piping-Water Dept. Equipment parts-Park Maintenance Equirent parts-Equipment Maintenance Equipment parts-Forestry Dept. Equipment parts-Equipment Maintenance Tests-Prairie Center Drive Firemen calls Supplies-Park Planning, Engineering Dept. Supplies-City Hall Name signs & 911 sign Supplies-Water Dept. Office supplies-Rec Dept. Boat license-Senior Citizens Firemen calls Office supplies Supplies-Cowunity Center Concession Custodial service November service Tests Service Service-Civil Defense Sirens Equipment parts-Sewer Dept. Equipment-Park Maintenance Equipment parts-Police Dept. Battery-Fire Dept. Refund-Water & Sewer Bill Service Freight charges-Community Center Equipment parts-Fire Dept. Mix-Liquor Store/Preserve Equipment repair & parts-Fire Dept. Service-Liquor Store/Prairie Village Mall Fuel Sludge removal Equipment-Forestry Dept. Lumber-Water Dept. November service Service-Trillium Supplies-Liquor Stores/Prairie Village Mall Equirent repair & parts Cowunity Band Director 1983 License fee-Cumunity Center Service-Valley View Road, Equipment rental- Forestry Dept. Radio rental-Police & Fire Dept. Service-Liquor Store/Preserve Service-Liquor Store/Prairie Village Mall Equipment parts-Equipment Maintenance Equipnent parts-Equirent Maintenance Haul dirt-Park Dept. Service-P/S & P/W Building Office supplies-Community Services Comera-Planning Dept. Refund-Swirming 50ee , 1,236.'ft 72.32, 440./ 158.0j 89.65 51. 10 63.il 34.(Yz 14.uC 7.0 ,j 342.01;' 155.5R 195.44 240.0e 101.0R 29,405.0 - 1,230.e: 299.5e 53.3(T 55.5 127,!,R 161.01 64.01 12.!-6 38.40 3,657.9 64.1:. 421.e! 17,047.i- • • 246.0! 64.?', • 366.1t• 2,969. is 20.1. Page four Le er 21, 1902 5354 CARL JULLIE 5355 JUST US EMBER COMPANY 5356 KARULF HARDWARE INC. 5357 KOHLER MIX SPECIALTIES 5358 KRAEMERS HOME CENTER 5359 KUSTOM ELECTRONICS 5360 M.E. LANE, INC. 5351 LANG, RALLY & GREGERSON, LTD. 5362 LATHROP PAINT SUPPLY CO. 5363 LEEF BROS. INC. 5364 L.O.G.I.S. 5365 LONG LAKE FORD TRACTOR 5366 JILL MCKNIGHT 5367 MEDICAL OXYGEN & EQUIPMENT CO. 5368 MERIT PRINTING 5369 METROPOLITAN AREA MANAGEMENT 5370 METROPOLITAN WASTE CONTROL 5371 MIDLAND PRODUCTS COMPANY 537 9 MIDWEST ASPHALT CORPORATION 5: MINNEAPOLIS OXYGEN COMPANY 53/4 MINNESOTA CASH REGISTER CO. 5375 MINNESOTA GAS COMPANY 5376 MINNESOTA RECREATION & PARK 5377 MINNESOTA RECREATION & PARK 5378 M-V GAS COMPANY 5379 MODERN TIRE COMPANY 5380 W.M. MONTGOMERY 5331 MOODY 'S INVESTORS SERVICE 5382 WM. MUELLER & SONS INC. 5333 MONICILITE CO. 5334 NCR CORPORATION 5335 MY CHEESE SHOP 5366 NATIONAL CITY BANK OF MPLS. 5337 NORTHERN STATES POWER 5388 NORTHWESTERN BELL TELEPHONE 5389 NORTHWESTERN NATIONAL BANK 5390 MARK ODEGAARD 5391 OFFICE PRODUCTS 5392 PEPSI COLA BOTTLING 5393 PHOTOS, INC. 5394 KATHY PERRY 5395 ANDY POPINDIECK 5396 PRAIRIE Of SIT PRINTING, INC. 57 — PRIOR LAKE AGGREGATES, INC. 5. CH1K PDEAHE 5399 R & R SPECIALTIES INC. 5-100 RCM Expenses Lumber-Park Dept. Concrete, tape, propane fuel, pipe wrench, pipes, batteries, bulbs, bolts & nuts, screws, axe handle, switch, pliers, torch kit, hanuner, salt, nails, 3 and 1 oil, hoses, chain, Supplies-Concession Community Center Paint, caulk, fiberglass measuring tape Radar repair-Police Dept. Insurance Legal service Paint-Round Lake Park November service November service Equipment parts-Park Dept. Refund-Exercise class Oxygen-Fire Dept. Forms-Building Dept. Dues November SAC charges Concession supplies-Community Center Blacktop Supplies-Park Maintenance 1983 Maintenance agreement Service Team registration-Rec Dept. 1983 Dues-Athletic Coordinator Fuel-Senior Citizens Equipment parts, tires-Equipment Maintenance Service-Richfield/Eden Prairie Radio System Service Sand-Street Maintenance Equipment parts-Equipment Maintenance 1983 Maintenance agreement Expenses-Police Dept. Bond Payment Service Service Bond Payment Refund-Swimming Office supplies Pop-Community Center Prints-Planning Dept. Expenses Refund-Ski trips Printing-Winter brochure Sand Sports official Zamboni blade sharpened Service-Westood Ind. Park, Valley Place Office, Autumn Woods, Sundquist Addition, Homeward Hills Road, Arbor Glen, Single Tree Lane, Duck Lake Road, Prairie Center Drive 2j Ng 19.1"6 54.20 565.2B, 46.80 148.3B 231.16 13.00 : 9,879.F 224.51 2,851.9"B 67.06 11.00 39.00 189.97 5.00 26,928.00 363.2!, 32.5U, 886.00 382.71 72.00 60.00 170.4) 1,595.51 1,336.7' 3,390.2L 30.0 528.0 27.4 119,845.3 , 7,794.3." 3,393.7' 673,110.‘* 12.0L' : 70.31 29.26 140.00 49.1,6 20.0: 110.00 308.0B 53.2 42,077.0/ ' Pave five Def ')er .21, 1982 5401 ROBERTS DRUG 5402 ST. PAUL STAMP WORKS, INC. 5403 SAILOR NEWSPAPERS, INC. 5404 SATELLITE INDUSTRIES INC. 5405 SEELYE PLASTICS, INC. 5406 W GORDON SMITH CO. 5407 SON OF A PRINTER 5408 SOUTHWEST SUBURBAN PUBLISHING 5409 SOUTHWEST SUBURUAN PUBLISHING 5410 SOUTHWEST SUBURBAN PUBLISHING 5411 GUY SPEAKER COMPANY, INC. 5412 MINNEAPOLIS STAR & TRIBUNE 5413 STEPHEN SULLIVAN 5414 SULLIVANS SERVICES, INC. 5415 SUPPLEE ENTERPRISES, INC. 5416 LORNA THOMAS 5417 TOWN & COUNTRY PEST CONTROL CO. 5418 DOUGLAS TRIPP 5419 TURF SUPPLY COMPANY 5420 TYPE HOUSE+DURAGRAPH 5421 UNITED LABORATORIES 5422 VALLEY INDUSTRIAL. PROPANE, INC. 5, WALDOR PUMP & EQUIPMENT 54,, KEITH WALL 5425 WESTBURNE SUPPLY INC. 5426 WILSON TANNER GRAPHICS 5427 XEROX CORPORATION 5428 JAY YEAGER 5429 ZIEGLER, INC. 5430 COMMISSIONER OF REVENUE 5431 COMMISSIONER OF REVENUE 5432 INSTY PRINTS 5433 LANG, PAULY & GREGERSON, LTD. .5434 MOTOROLA INC. 5435 KAREN ODASH 5436 RAYMOND E. OLSON 5437 WATER PRODUCTS COMPANY 5438 VAN WATERS & ROGERS 5439 LAINIE BECK 5440 CRAIG KERSHAW 5441 BRIAN SULLIVAN Supplies-Community Service Dog tags Ads-Liquor Stores Portable restrooms Pipe-Water Dept. Antifreeze, headlights, Equipment Parts Printing-Police Dept. Printing-Happenings, legal ads Ads-Liquor Stores Employment ad-Community Services Equipment parts-Water Dept. Employment ad-Planning Dept. Mileage Service Supplies-Liquor Store/Preserve Mileage Service-Senior Citizens Center Basketball official Chemicals-Park Dept. Service-Community Services Cleaning supplies-Water Dept. Gas cylinders-Community Center Equipment parts & repairs-Sewer Dept. Expenses Supplies-Community Center Brochures-Historical Culture Service Volleyball official Tires-Street Maintenance November special fuel tax November sales tax Printing-Community Services Legal Service-Prairie Center Drive Pagers-Fire Dept. Refund-Exercise class Expenses-Sewer back-up Equipment parts-Water Dept. Chlorine-Water Dept. Refund-Skating Refund-Swimming Service-Park Dept. 9.07 141.1/ 184.80 82.33 76.21 645.95 40.4 1,197.66 383.18 66.50 . 75.81 32.00 50.00 11.64 5.42 60.0C 84.00 49.55? 10.45 402.25 145.50 25.43 32.3; 480.00 28.0C: 311.2(,: 147.6:' 7,796.4C I 26.4c 915.0 7,200.0 17.0 496.0: 140.1. 358.2c • 6.1; 75.0 TOTAL 232279 10. DEC 17 1982 7 r\ Edward Schools Vice President MCI Browne and Browne Medical Divisions December 16, 1982 Dear Mayor and Council Members: I am writing this letter to express my interest in the Eden Prairie Park and Recreation Commission. Judy and I moved to Eden Prairie in 1967 and we have partic- ipated in the development of our community. Since then i have been especially interested in the formation and preser- vation of the park systems and have worked hard to support bond issues and candidates that would implement the vision of previous commissions. I am currently a Vice President at Micro Component Technology in Shoreview and have the flexibility to attend meetings and outside activities as required. My previous business expe- rience coupled with my interest in responsible development of Eden Prairie should, in my opinion, be an asset to the commission. In conclusion, I feel that I understand the heritage of our current park and recreation program and would make a posi- tive contribution to future community development. iCt" Sincerely, Edward Sc uck nulponrol I at hnolo9y. Inc • 591 Caqiujan Ltd • P0 On, 43013 • It Paul, Mal 591114 US A. • 0125482.5100 • rel.. 29.7422 9232 Cedar Forest Road Eden Prairie, Mn. 55344 nct \*2. Mayor Wolfgang Penzellp.. and the City Council City of Eden Prairie 8950 Eden Prarie Rd. Eden Prairie, MN 55344 November 29, 1982 Dear Mayor Prenzel, I have been notified by Bob Lambert of a future opening on the Parks, Recreation and Natural Resources Commission. I would like for you to give favorable consideration to this application for that position. To summarize my background, I am a self-employed Manufacturer's Representative of Consumer . Electronics. I have served as a director for two years of the Eden Prairie Rotary Club; four years as a coach with the HAEP and four years as a coach with the EP Girls Softball Association. Except for my job as a Manufacturer's Representative, all of the above functions have expired and I now find I have a need to "involve myself". Having discussed the commissions duties and respossibilities with Jerry Kingrey and Jessie Schwartz and Bob Lambert and having been a "heavy user" of the EP parks over the last 7 years, I feel that a position with the commission would be both personally gratifying and would be of some benefit to the citizens of the community. I hope you will find the above information sufficient to make a favorable decision, but should you need additional information you may call me at 937-8974. Sincerely, 7 -) Raiford C. Baker ,,?410 `,") December 6, 1982 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 To Whom It Concerns: I am writing to request that I be considered as a commissioner for the City of Eden Prairie. Although I'm willing to serve on any type of Commission, I believe my skills and experiences could best be applied to the Planning or Parks Commission. I was a candidate for City Council this past election. In prepara- tion, I did the following: o Read and studied the entire Guideplan o Reviewed and understand last years and this years budget o Received the minutes of the City Council for the last six months o Talked with existing and past council members about the City and its future o Met with and discussed issues with many citizen groups. As a result of the above, I believe I'm qualified to serve on a Comnission for the City. In addition, I've been a resident for 41 years, am married and have two children, and am a "concerned citizen". I am not employed full-time in an occupation. As a result, I have the time to devote to be a good, hard-working commissioner. I hope that you consider me for a commissioners position. I will work hard to do a good job. Sincerely, Linda Golle 7039 Willow Creek Road Eden Prairie, MN 55344 .1-411/4""tt Mrz 71/1Zur a-.41 : 16,1 aff-H"dimizix -4 7.1, AAA tA,a jiitauP Rtaawa Lfkil-Le VjaAraA, •••• • 1 r . FEB 1 1331 9270 Talus Circle Eden Prairie, MN 5534 4 February 14, 1981 John Frame Acting City Manager Eden Prairie City Coun c i l 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Dear Mr. Frame: I would be interested i n s e r v i n g o n t h e l a n d u s e p l a n n i n g commission for Eden P r a i r i e . I a n a r e s i d e n t o f E d e n P r a i r i e and an employed in a p r o f e s s i o n a l c a r e e r . I am very interested i n w i s e u s e o f o u r n a t u r a l r e s o u r c e s a n d the proper land manage m e n t t h a t m u s t a c c o m p a n y t h a t . Eden Prairie must plan car e f u l l y i n t h e n e x t f e w e x p a n s i o n y e a r s t o ensure that its beaut y a n d c o u n t r y s i d e c h a r m , m a r s h e s , w e t l a n d s , and fauna be preserved f o r g e n e r a t i o n s t o c o m e . Sincerely, Diane L. Gramling (vca 2 i001 ;1(14 Mayor Wolfgang Penzel 8950 Eden Prairie Rd. Eden Prairie, Minn. Nov 15, 82 Dear Mayor Penzel: Although my recent attempt to be elected to our City Council was not successful, it did prove to be beneficial to my understanding some of the needs of our city. It also provided me an opportunity to meet several people that I may not have otherwise. I want to thank you for the time you gave me, and I want to say it was a pleasure getting to know you personally. I am still very interested in being involved in our community. I would appreciate very much being considered for a commission seat in the future. While I have particular interests in planning and development, I would be happy to serve in whatever capacity would best meet the needs of our city. Also, congradulations on your re-election to mayor of our city. Our family will continue to support you. Yours truly, 06/n nAN /A 0 0ii I Dq1VC f4AN VPAIPIC MN 55344 ,r1) December 23, 1980 Mayor, Wolfgang Penzel City of Edon Prairie 8950 Eckr. Prairie Read Eden Prairie, Minn. 55344 Dear Mayor Penzel, I would like to have my name placed in consideration for a Park Board Co7mission anrointncnto I've been a resident of Eden Prairie for the past seventeen years. I'm self employed, selling Industrial Tools and Automation Systems. Some of my past activities in the community are: Served on the first Industrial Commission. Involved in the original conceptional land use planning for the village. E.P.A.A. Executive Committee. E.P.A.A. Coaching, football and girls softball. Chairmln, Eden Prairie Bicycle and Hiking Trails Task Force. Served three year term, Eden Prairie School Board. Race director, past three years for Schooner Day 8 Race. Presently on Executive Committee of Eden Prairie Blood Bank. Presently on Executive Committee of Eden Prairie Boosters. I am very interested in the future growth of our community, land and its proper use, parks and open spaces, and water shed areas. Yy knowledge of the community should contribute to a strong commission. Very sincerely, u 6tgeTt, Alien Upto n" 1 16163 Edenwood Dr. oqqi CITY of SAVAGE 12305 QUENTIN AVE. SO. SAVAGE, MINNESOTA 55378 DEC 3 1982 CITY HALL 612 890-1045 December 2, 1982 MEMO TO: Members of the Metropolitan Losers" Group FROM: Hank Sinda RE: Lobbying for Change in State Aid Formula The Losers' Group met on Tuesday, November 30, and by concensus agreed to formally organize the group by establishing officers and a budget to cover expenses (clerical, typing, postage, etc.) The purpose of the organization, as you know, is to deal with the inequities of fiscal disparities and state aid. In order for us to continue in that pursuit, we are requesting that each city contribute dues in the amount of $100 per year. The objective is not to build a long lasting, ongoing organization, but to disband after achieving our goals. We appreciate your assistance in this effort. Secondly, please ask your council to review and adopt the sample resolution that is enclosed. As you may well understand, provisions of this resolution are not "cast in stone," nor do they represent the precise opinion of each member city. They do, however, represent a starting position for negotiation with the Legislature. It is important that these resolutions be returned to us by Dec. 31, 1982 so that they may be used as a tool to take to the Legislature. We ask, also, that group members sit down with senators and representatives in their district, show them the resolution, explain the problems at hand, and ask for their support. The Losers' Group will soon make arrangements to have a bill drafted. We, along with representatives from the Association of Small Cities, will then schedule a special lobbying breakfast in January, a unique opportunity to muster the support of legislators while introducing the bill. For utmost effect, it is imperative that each city send representatives to the breakfast and, prior to that, do whatever possible to solicit attendance and support of district legislators. Additional information in regard to the breakfast will be forthcoming. If you know of any legislators willing to sponsor or co-sponsor such a bill, please let us know. Please call my office if there are any questions, and I would be happy to discuss them with you. '?(/ MEMO TO: DATE: RE: Metropolitan Losers' Group and Association of Small Cities December 1, 1982 League of Minnesota Cities State Aid Legislative Policy The Metropolitan Losers' Group and the Association of Small Cities have been working through the committee system of the League of Minnesota Cities to gain support for changes that will make the state aid formula more equitable. The lobbying efforts of the League of Minnesota Cities would be vital in gaining the necessary legislative changes. The issue has been raised and acted upon by the Revenue Resource Committee. By a vote of 14 to 6, this committee recommended that the state aid formula be changed. Several options, based on per capita and need, were then reviewed, but the committee was unable to reach a decision as to how the formula should be changed. The recommendation of the Revenue Resource Committee, to change the state aid formula, was then forwarded to the League of Minnesota Cities Board of Directors. At this level the committee decision was reversed, and the existing LMC policy was stressed--no legislative change is to be considered until it has been first reviewed and approved by the League. It appears that the board decision was based, not so much on the merits of the recommended change, but on the issue itself. From the viewpoint of members of the board, the matter is too hot, too volatile, and a delve into change threatens to split the League of Minnesota Cities. This, they feel, would be detrimental to all cities. The issue will be brought to the League of Minnesota Cities legislative conference to be held January 26, 1983 in St. Paul. The purpose of the conference is for the general membership to change or ratify the recommendations of the Board of Directors. Without question the existing state aid formula is inequitable, and affected cities must be persistent in a quest for a change that is equitable. It is of vital importance that every city be present at the January 26 conference to vote for a change in the state aid formula. Your vote, and the assistance of any other city that you may be able to contact and influence, will be greatly appreciated and can have a great impact. P.S. Legislative lobbying efforts are included in another memo. RESOLUTION NO. RESOLUTION IN SUPPORT OF CHANGES IN STATE AID FORMULA WHEREAS, Minnesota state local government aid to cities was originally distributed on a per capita basis; and WHEREAS, the current state aid distribution is not equitable in that some cities receive as much as $122.95 per capita, and other cities receive as little as $11.61 per capita; and WHEREAS, the State Revenue Department report indicates that "90 percent of the inequities are caused by the grandfather clause and the present formula fails to achieve the purpose of equity;' and WHEREAS, the following revenue sharing mechanisms, which may be duplicative of state aid, are also available and assist in achieving equity: (a) Gas tax for cities over 5000 population; (b) Fiscal disparities; (c) Metropolitan Transit Commission; (d) Federal aid entitlements; (e) Special local taxes. NOW THEREFORE, BE IT RESOLVED that the City of strongly requests and supports changes in the state aid tormula. BE IT FURTHER RESOLVED that the City of specifically supports/requests changes that will accomplish the following: (a) Provide for equitable fund distribution; (b) Include no grandfather clause; (c) Provide for periodic review and adjustment to assure the goal of equity; (d) Include no incentive for spending; (e) Provide for distribution on a per capita basis, with cities receiving a lessor disbursement (as the result of a change in state aid formula) given the option/authority to raise a one percent (1%) sales tax. Adopted by the Mayor and Council of the City of this day of , 19 .