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
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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.
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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
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g
1
2
"
A
B
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sewer pipe during air testing perforFiod Oct.etTer 21
,
1
9
8
2
.
Test failure
was incurred betv.*cn uanholes located at station ST
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d
s
t
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t
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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
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-
JUSTIFICATION:
ailuren detected in tesCing existing uttlitios were to be c
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paid for as (xtra work. rcorrh,re and peyF,rit for
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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
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o
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e
-al rx ope: ty
1.,cl ow and InA e in pet it ion for the hiet
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wit hilog t be 1 ,o1lowing .ilnplOvtn,ent St
(Cenelal Location)
FaLlivale Boulevard from Woodhill Tra
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• 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
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g
W
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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,
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s
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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
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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
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•
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 .