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City Council - 03/15/1983
EDEN PRAIRIE CITY COUNCIL AGENDA T'' '').AY, MARCH 15, 1983 7:30 PM, CITY HALL CODICIL MEMBERS: Mayor Welfgans Penzel, Richard Anderson, Georgc • Bentley, Paul Redpath and George Tangen CITY CIUNCIL 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 ' ' ` !r <!: of Public Works Eugene A. Dietz, and Tlecordi Secretary Karen Michael ' �, fiL4 INVOCATION: Councilman Paul Redpath PLEDGE IF ALLEGIANCE PILL CALL I. APPROVAL IF A"ENDr A AiiD OTHER ITEE.MS IF BUSINESS • II. MINUTES SF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 15, 1983 Page 330 CONSENT CALENDAR A. Request to remove barn on recently acquired Tax Forfeited Property Page 331 B. Approve plans and specifications for Edenvale Boulevard between Page 333 Woodhill Trail and CMW Railroad Tracks and authorize bids to be received on April 14, 1983 in 10:00 AM (Resolution No. 83-53) C. Award contract for Arbor Glen (N.E. corner of Valley View Road and Page 334 hiker fload and vicinity Utilicy Improvements, I.C. 52-037 (Resolution No. Fi3-5� • D. Final plat ap_proval for Edenvale 15th (Resolution No. 83-55) Page 337 E. Final plat approval of Edenvale Apartments (southeast of St. Andrew Page 340 ' Lutheran Church) Resolution No. 83-57 F. 2nd Readin_g_of Ordinance No. 2-83, rezoning from Rural to R1-13.5 Page 343 and RM 6.5, aroval of Developer's Agreement—for toarers hddition, ----- -p -- -- and adoption of kecoluLion No. 83-u1, approving Summarrof Ordinance No. 2-83, and nrderino the publication of sdid STummai for the Towers Addition. Two single family residential units and eight guadraonniun buildings (32 units) located at the northeast corner of Mitchell Road and Carmody Drive (Ordinance No. 2-83; Resolution No. 83-41) G. Final plat apprnval for Towers Addition (Mitchell Road @ Carmody Page 353 Drive) Resolution N- . 83-56 H. DNR rermit A; licatio., fling ttileCreek Crossing for Utilities for Page 356 Cardinal Creek Lid (Resolution Nu. 83-59) City Council Agenda - 2 - March 15, 1983 I. 2nd Reading of Ordinance No. 3-83, amending Zoning Development Plan, Page 357 approval of Developer's Agreement for Rymarland Camp 3rd Addition, and adoption of Resolution No. 83-52, approving Summary of Ordinance No. 3-83, and orderings the publication of said Summary for Rymarland • Camp 3rd Addition. Eleven single family residential units located east of Highway 101 and south of Hidden Ponds 2nd Addition. (Ordinance No. 3-83; Resolution No. 83-52) IV. PUBLIC HEARINGS A. 1963 Community Development Block Grant Year IX. Joint Application with Page 368 Urban Hennepin County for approximately $85,055 of Federal Funds to be used for Eligible Community Projects. Transfer of Unused COBG Funds from Year VI to Year VIII for Zoning Map Update (Resolution No 83-51) B. RequEtst for Municipal Industrial Development Bond approval in the amount Page 384 of $900,000.00 for McGlynn Bakeries (Resolution No. 83-60) C. Tax Increment District No. 4 (Resolution No. 83-61) 4.1 Td- Page 395 V. PAYMENT OF CLAIMS NOS. 6512 - 6725 �� �'`v fj ! Page 421 VI. REPORTS OF ADVISORY COMMISSIONS VII. ORDINANCES & RESOLUTIONS A. Position Statement regarding Draft Environmental Impact Statement for Page 426 CSAH 16 (Resolution No. 83-58) B. Resolution No. 83- 62, establishing Fees for the City of Eden Prairie Page 429 C. American Baptist Homes. Adoption of Resolution No. 83-43, approving Page 307 Tanned Unit Development Development District to include: 1) Amendment of Original Lake Idlewild Planned Unit Development Development Plan; 2) 2nd Reading of Ordinance No. 4-83, Approving Rezoning from Rural to Office, with possible variances, on a one-acre site for the proposed American Baptist Homes Corporate Office Building; 3) Continued Interim Use of Existing American Baptist Homes Building as an Office for 3 years. Adoption of Resolution No. 83-44, Approving the Preliminary Plat of the one-acre site proposed for American Baptist Homes Office Building. (Resolution No. 83-43; 2nd Reading of Ordinance No. 4-83; and Resolution No. 63-44) Continued from March 1, 1983. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Community Services 1. North Stars Proposal Page 444 Page 449 2. Selection of a Restoration Architect for Cummins/Grill House • City Council Agenda - 3 - March 15, 1983 3. Eden Prairie Athletic Association Request Page 450 4. Staring Lake Park Trail Page 451 E. Report of Finance Director 1. Clerk's License List Page 463 IX. NEW BUSINESS X. ADJOURNMENT. • • } A • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 15, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang li. Penzel, Richard Anderson. George Bentley, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J, Jullie, City Attorney Roger Pauly, Finance Director John D, Frane, Planning Director Chris Enger, Director of Community Service. Robert Lambert, Director of Public Works Eugene A, Dietz, City Forester Stuart Fox, Community Center Manager Chuck Pappas, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H, Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members were present I. PROCLAMATIONS A. PROCLAMATION PROCLAIMING FEBRUARY AS HEART MONTH IN EDEN PRAIRIE Mayor Penzel read the proclamation which proclaimed February as Heart • Month in Eden Prairie. (see attached) B. PROCLAMATION CONGRATULATING EDEN PRAIRIE HiGH SCHOOL BOY'S CROSS-COUNTRY SKI TEAM Mayor Penzel read the proclamation which acknowledged the Eden Prairie Hioh School Boy's Cross-Country Ski Team's achievement in winning the State Championship. (see attached) II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VII, C. Closing of the DNR Office: XI. F. Community Center Financial Report: XI. B. 1, Final plat approval for Shady Oak 6th Addition, The following item was removed from the Consent Calendar as item IV. D. to VIII. D. 2nd Reading of Ordinance No. 4-82, Approval of Develojler's Agreement for Che me Contracting, and Adoption of Resolution No. 83-31, Appzovinp Summary of Ordinance No, 4-82,and Ordering thePulTication of Said Summary for Cherne Contract nq. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously, City Council Minutes -2- February 15, 1983 III. MINUTES OF THE CITY CDUNCIL MEETING HELD TUESDAY, FEBRUARY 1, 1983 MOTION: Anderson moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held Tuesday, February 1, 1983, as published. notion carried unanimously. IV. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 11-82, Approval of Developer's Agreement for Sunrise Knolls and Adoption of Resolution No. 83-12. Approvino Summary of Ordinance No. 11-82, and Ordering the Publication of Said Summary for Sunrise Knolls. 20 unit apartment building in the northwest corner of Rowland and Shady Oak Roads. C. Approval of Develo er's Agreement for Eden Prairie Partnership PUD and Preliminary Platting Resolution No. 83-37). 27 acres Industrial and 3 Single Family lots located in southwest quadrant of County Road 67 and Chicago NW Railroad. D. 2nd Readina of Ordinance No. 4-82, Approval of Developer's Agreement for Cherne Contracting, and Ad ption of Resolution No. 83-31 Approving Summary of Ordinance No. 4-82, and Ordering the Publication of Said Summary for Cherne Contractina. Office building construction south of West 78th Street and west of Cabriole Center. (Item moved to IV. D.) E. Change Order for Staring Lake Park Shelter F. Request for Council to approve amendment to Contract 7789 for trail develop- ment at Bryant Lake Regional Park G. Final Plat approval for Norman Industrial Park (east of Industrial Drive and south of CSAH 67 Resolution No. 83-35 H. Approve plans and specifications and authorize bids to be received for Cardinal Creek 3rd Addition Improvements (Resolution No. 83-36) I. Request for Public Hearing by McGlynn Bakeries for consideration of Munici- pal Industrial Development Bonds in the amount of $900,000.00 for March 15, 1983 J. Set Public Hearing for Tax Increment District No. 4 for March 15, 1983 MOTION: Bentley moved, seconded by Redpath to approve items A - C and E - J on the Consent Calendar. Motion carried unanimously. 1 City Council Minutes -3- February 15, 1983 V. PUBLIC HEARINGS A. Public Hearing for the removal by contract of Diseased Trees on Private Property Resolution No. 83-30) City Manager Jullie noted that notice of this Public Hearing had been published and letters had been sent to property owners informing them of tonight's hearing. He reviewed the purpose of the hearing. Stuart Fox, City Forester, was present to answer questions. He went through the list of affected properties and said which property owners had contacted him regarding removal plans. There were no comments from the audience. Redpath asked how the cost of removal is determined. Fox said it is estimated at $9 per diameter inch. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to order the removal of diseased trees on private property as recommen- ded in the February 3, 1983, memorandum from Stuart A. Fox, City Forester. Motion carried unanimously. B. Red Rock Ranch by Robert Mason Homes. Adoption of Resolution No. 83-32, Approving Comprehensive Guide Plan Change from Low to Medium Density Resi- dential, Adoption of Resolution No. 83-33, Approving PUD Concept Review for Mixed Residential Land Uses on I50 acres for 581 units, Adoption of Resolu- tion No. 83-34, Approving Environmental Assessment Worksheet. Located east of Red Rock Lake, west of Mitchell Road and south of Pheasant Oaks. City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tangen said he felt a time limit on the presentation of this proposal should be established. He was concerned because this is a large project and others in the audience should not have to wait an unreasonable amount of time for other items to be heard by the Council. Bentley said he would not like to see a time limit placed on the hearing. MOTION: Tangen moved, seconded by Anderson, to consider this item until 9 p.m. The motion was defeated by a vote of 2 - 3. Bob Mason, developer, gave some background on the proposal as well as on Mason Homes, Inc. He introduced Dick Putnam of Tandem Corporation, planner for the project, and Randy Trevalia of Mason Homes. Dick Putnam spoke to the proposal and presented slides depicting the character of the land on a site by site basis. ) City Council Minutes -4- February 15, 1983 . Director of Planning Enger stated the Planning Commission had reviewed this project at four different meetings (October 12, 1982, November 8, 1982, January 10, 1983, and January 24, 1983.) At the January 10th meeting recom- mendations regarding the major part of the project were made; at the Jan- uary 24th meeting recommendations relating to the Environmental Assessment Worksheet were made. Enger stated there were two requests: 1) to change the Comprehensive Guide Plan from low density residential to medium density and 2) for PUD Concept Review from mixed residential land uses. The Planning Commission recommended approval (6 - 0) of the Comprehensive Guide Plan Change and Planned Unit Development Concept Review as per the December 13th revision, subject to the Staff Report recommendations of January 6, 1983, and other Planning Commission recommendations as noted in its Minutes. The Planning Commission also recommended that the 581 units be reduced to a maximum of 525. Director of Cormunity Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this proposal on a number of occasions the last being February 2, 1983. It recommended approval as per the Planning Staff Report and the Community Services Staff Report with the following exceptions: that the 4.3 acre park be tied into the first phase, and that the dedication of the park on the lakeshore along with payment of cash park fees be reconsidered. The Commission would also like the opportunity to review the need for an interior trail system as rezoning requests are reviewed. Bentley said the change in the Guide Plan must be considered before approval of the PUD concept is addressed. He felt that one of the major considerations should be whether or not the City should open an area in a low density region to medium density development. He wondered if the City would be forcing the construction of sewer facilities into this area prematurely; the public costs must be looked into in terms of roads and other utilities. He asked if the proposed density is supposed to fit into the surrounding land uses. Redpath noted there is already higher density use to the north of the proposal. The trunk line sewer will have to go through this area some day. He asked how long the cul-de-sac in area "A" would be. Enger said 1/2 to 3/4 mile. Redpath said without the connection with County Road 1 this would not be desirable. ' Penzel said in 1972 there were plans which indicated the density would become lower as one went west and south from Mitchell Road. This, he said, is some- thing which has been anticipated over the past ten years. Redpath said the length of time that the Planning Commission and the Parks, Recreation & Natural Resources Commission had spent discussing the density issue should be given a great deal of consideration by the Council. If these Commissions were accepting of the change, based on a great deal of discussion, then the Council should consider their recommendation as valid, i s I '2-2 U C. 1 City Council Minutes -5- February 15, 1983 . Bentley said he is not really concerned with the density question but felt it could be done in a good way and will accomplish the goals set forth in the PO concept. He felt the most important consideration is the cost to extend the utilities into that area. Penzel agreed that the utility cost is a valid concern; but he felt that this would be a part of the rezoning question. He said the question to be answered was whether or not this PUD met the original premises of the Comprehensive Plan. Bentley asked if the Guide Plan directed itself to the staging of utilities. Enger said there is a capital improvements program for the trunk sewer and water projects and this is slated for 1984-85. Bentley asked how the density change in this area occurred. Enger said it was the result of neighbor- hood meetings held in 1975 at which time the Guide Plan was discussed. Wendell Owens, 9041 East Staring Lane, said he is concerned about a road from East Staring Lane into the development. Penzel said City policy has been to interconnect neighborhoods and that such connections be made as new developments occur. Penzel noted that such a procedure would only come about after public hearings and only if and when City sewer and water connections were made. Bentley asked how the City could require the loop road extension into the proposed project which would go through property not controlled by the proponent. Enger explained there are several things which are beyond the control of the developer. One is the property is 1400' away from a hard surface road on Mitchell Road; 4,000' away from trunk sewer and water which would he necessary to serve the area. Enger said the proponent is asking for approval of the land use plan subject to the approval of these various issues. He said it has been suggested to the proponent that he work with the adjacent property owners; if this doesn't occur in several years then perhaps there might be some public involvement. Penzel noted a letter from Virgil A. Seifert in which he expressed his concern about being assessed for any utility improvements. Bentley said he would like to see the densities in Section K lowered. Redpath said if this concept is accepted he would like to see the pro- ponent come in with a plan for the road system when the time to approve that is before the Council. Mason said the City has already said they must have a collector street through this property; otherwise they would have different plans for this property. Penzel said the City must look very carefully at the issue of expenditures of public improvements. Bentley asked if any figures had been put together for extending Mitchell Road and if any figures were available for the cost of utilities to this area. Enger said Director of Public Works Dietz might have a general idea as to the cost. There were some figures put together several years ago according to Enger. Enger said it costs approximately $100 a front foot for each side of a 28' street with utilities in it. For a 1400' street or road this would amount to $280,000. Bentley asked if there could be some preliminary figures put together which would also show suggested means of financing. Penzel said he felt this was a zoning related matter and the Council should not get hung up on this aspect. 4 City Council Minutes -6- February 15, 1983 MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No, 83-32, amending the Comprehensive Municipal Plan. Motion carried unanimously. City Attorney Pauly recommended that Staff be given the opportunity to draft a resolution which will address the recommendations of the Council, the Planning Commission, and the Parks, Recreation & Natural Resources Commission; and will incorporate those recommendations into one document. MOTION: Redpath moved, seconded by Anderson, to refer the PUD plan to Staff for drafting of a complete resolution (Resolution 83-33) including all the recommendations and considerations to date. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath, not to forward the amendment to the Guide Plan to the Metropolitan Council until the PUD resolution is adopted. Motion carried unanimously, MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-34, finding the amended Environmental Assessment Worksheet for Red Rock Ranch a private action which does not require an Environmental Impact Statement. Motion carried unanimously. Councilman Tangen left the meeting at 9:15 p.m. because of a medical emergency. VI. PAYMENT OF CLAIMS NOS. 6056 - 6300 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 6056 - 6300. Roll call vote: Anderson, Bentley, Redpath, and Penzel voted "aye." Motion carried unanimously. VII. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 1-83, relating to the Regulation, Licensing and use of Gambling Devices City Attorney Pauly noted the revised draft of Ordinance No, 1-83 provides that 60 of the profits shall go for community benefit and for "persons or objects within the City." Some of the service clubs - such as the Lion's Club - may wish to send their profits from a raffle event to some chari- table organization which may be located outside of the City (i.e. Heart Hospital, Association for the Blind. Camp Courage, etc.) Accordingly, the draft has been amended to indicate that for temporary licenses only, the requirement for using 60° of the profits for persons or uses within the City be waived. Fees will be delineated in the Fee Resolution. MOTION: Redpath moved, seconded by Bentley, to give 2nd Reading to Ordinance No. 1-83, relating to the regulation, licensing and use of gambling devices. Motion carried with Penzel voting "no." (Tangen indicated he would have voted "no" had he been present for the vote.) City Council Minutes -7- February 15, 1983 B., 2nd Reading of Ordinance No. 9-82, Approval of Developer's Agreement on Woodlawn--Heights and Adoption of Resolution No. 83-14, Approving Summary • of Ordinance No. 9-82, and Ordering the Publ ication of Said Summary for Woodlawn Heights. 139 Residential Units in the southwest corner of Town- line and Duck Lake Roads. City Manager Jullie noted Staff had worked out specific details in the Developer's Agreement. Bentley asked about the phasing of Duck Lake Road. Jullie said the property owners on the east side of the road would not be assessed for any improvements until the time their homes were connected to sewer and water. There was dis- cussion regarding the proponent's construction of the utilities. MOTION: Bentley moved, seconded by Redpath, to grant 2nd Reading to Ordinance No. 9-82 for rezoning and approval of the Developer's Agreement for Woodlawn Heights. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 83-14, approving the Summary of Ordinance No. 9-82 and ordering the publication of said Summary. Motion carried unanimously. • C. Closing of the DNR Office • Penzel noted a memorandum dated February 14, 1983, to the Mayor and City Council regarding the closing of the DNR Metro Region Office located or. Warner Road in St. Paul and the transfer of the functions of that office • to an outstate DNR factility. Bentley suggested the word "many" be deleted from the first line of the second paragraph. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-49, regarding the DNR Metro Region Office, with the deletion of the word "many". Motion carried unanimously. D. 2nd Reading of Ordinance No. 4-82,_Ayproval of Developer's Agreement for Cherne Contracting, andAdontion of Resolution No. 83-31, Approving Summary of Ordi- nance No. 4-82, and Ordering the Publication of Said Summary for Cherne Contrac- ting City Manager Jullie introduced Delbert Miller of the Hennepin County Park Reserve, Miller said the Park Reserve District Board still recognizes the property boundary as it was show in the transfer agreement. He noted the change has not been approved by the Board. Because the amount of land pre- viously accepted by the Board amounted to 537 of the site he was not certain as to the reaction of the Board to the 33', dedication. He thought perhaps the Board would like to negotiate with Cherne for more property. Miller felt the City should be aware of what the Board might do. He indicated they might have to go back to the Metropolitan Council since it was a third party in this transaction. City Council Minutes -8- February 15, 1983 Penzel said the City would not want to stand in the way of the Park Reserve Board's desires. Miller said his concern was the manner in which the 33% would be given as well as the timing -- how would the 23% donation be handled; what about the additional 10%? Jullie said the City had a letter on file from Cherne expressing their intent; the City also would have control over the building permits issued. Penzel said it would be the committed intent of the City Council to turn over the land to the Park Reserve. City Attorney Pauly reviewed the aspect of the transaction which will be presented in the form of a gift. Director of Community Services Lambert said there is a copy of a revised deed which removes concerns; this will be substituted for a section which no longer applies. Anderson asked about the restrictions being placed on tho site. Lambert said there were no more restrictions than those which had been placed on the Bachman-Anderson site. MOTION: Bentley moved, seconded by Anderson, to grant 2nd Reading of Ordinance No. 4-82, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to approve the Oeveloper's Agree- ment for Cherne Contracting. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to approve Resolution No. 83-31, Approving the summary of Ordinance No. 4-82 and ordering the publication of said summary for Cherne Contracting. Motion carried unanimously. IX. PETITIONS, REQUESTS & COMMUNITCATIONS A. Resolution No. 82-261, regarding request from Hennepin County to enforce parking restrictions at Lion s Tap(-formerly lynon's Tap) Continued from 11/16/82 City Manager Jullie explained this item had been considered at the November 16, 1982 Council meeting at which time the owner, Mr, Notermann, indicated he would he proceeding through the City's rezoning process to attempt to resolve the parking problem. As of today, the City had not received any rezoning applications. Jullie said the Public Safety Department had indi- cated there have been no additional problems in the area. Penzel said the commitment the Council was given in November has not been followed up on and the Council should act by indicating signs will be put up in 30 days if nothing is done. MOTION: Redpath moved seconded by Anderson, to put up no parking signs if the proponent has not come back to the City in 30 days with the appro- priate applications. Bentley said he did not see the immediate hurry since this has not been a problem in the past. Jai / ity Council Minutes -9- February 15, 1983 Bert Notermann, owner of Lion's Tap, said the plan which they had intended to bring in is not feasible at this time because they have not been able to acquire the land to make the necessary changes. Dick Putnam, consultant to the proponent, said they have been attempting to buy land from Sever Peterson who is not interested at this time in selling the land. He hoped they would be able to come back to the City within a couple of weeks with a new plan. Anderson asked if Notermann can accommodate his business at the present location. Notermann said he felt with an additional expansion and the addition of parking the Lion's Tap image could be maintained as it is. VOTE ON THE MOTION: Motion carried unanimously. B. Metro Council staff presentation regarding EIS process for Flying Cloud Sanitary_Landfill Carl Schenk and Karen Harrington were present from the Metropolitan Council. Schenk explained the process the ?1etropolitan Council will use in preparing the EIS. He noted the EIS is a document which discloses the environmental impact of a proposed project. He noted the process has been decentralized and that is why the Metropolitan Council is preparing this EIS. He reviewed the time sequence to be used in the review process: 1) Metropolitan Council prepares ane distributes the EAW 2) Environmental Quality Board published notice of EAW availability in Monitor (Scoping period begins) 3) 30-day scoping period, Council holds public scoping meeting within 15 working days and receives public comments 4) Council approves scoping decision for EIS (within 15 working days of close of scoping period) 5) EDE publishes EIS preparation notice (within 45 days after scoping decision) 6) 280-day EIS preparation period a) Council prepares and distributes draft EIS for public comment b) Council holds public meeting on draft EIS c) Council prepares and distributes final EIS d) Council reviews comments, decides adequacey of final EIS Schenk said March 9, 1983, has been set as the date for a public meeting to be held at the Hennepin County Vo-Tech from 7 - 10 p.m. at which time the scoring period will begin (2). Redpath said he would like to see Eden Prairie's representative on the Metropolitan Council, William Sando, attend the March 9th EIS meeting. City Attorney Pauly asked if the Metropolitan Council had done anything further on its policy plan and guide plan since 1981. Schenk said it is supposed to be revised in 1983. • City Council Minutes -10- February 15, 1983 • Penzel said he hoped the EIS would answer some of the concerns which the City now has. The question of what the City's final options might be was discussed. Planning Director Enger noted the City will be looking at two EISes in the next month: one will be for County Road 18, the other for the Crosstown, These are in addition to the one under discussion. X. APPOINTMENTS A. Board of Appeals & Adjustments - Appointment of two (2) members to serve three (3j year terms commencing 3/1/83 and expiring on 2/28/86 The names of Hanley Anderson and James Dickey were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for the appointment of Hanley Anderson and James Dickey to the Board of Appeals & Adjustments. Motion carried unani- mously. B. Building Code Board of Appeals - Appointment of two (2) members to serve three (3) year terms commencing 3/1/83 and expiring on 2/28/86 The names of Tony Hirt and Bob Lapic were placed in nomination. MOTION: Redpath moved, seconded by Bentley, to close the nominations and to cast a unanimous ballot for the appointment of Tony Hirt and Bob Lapic to the Building Code Board of Appeals. Motion carried unanimously. C. Develozent_Commission - Appointment of three (3) members to serve three year terms commencing 3/1/83 and expiring 2/28/86 The names of Don Ophein, Kent Barker, Marvin LaGrow, Glenn Keitel, Peter Stalland, and Dan Smithwick were placed in nomination, Upon tabulation of the ballots Don Opheim, Kent Barker and Glenn Keitel were selected to serve on the Development Commission, • MOTION: Redpath moved, seconded by Bentley, to cast a unanimous ballot for Don Opheim, Kent Barker, and Glenn Keitel for appointment to the Development Commission. Motion carried unanimously, D. Flying_ Cloud Airport Advisory Commission of Eden Prairie - Appointment of two (2)-members to serve three 13) •year terms commencing 3/1/83 and expiring 2/28/86 - 1 appointee to be a Flying Cloud Businessmen's Representative and 1 appointee to be a citizen representative. The names of Bob Gartner and Les Lewis were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for the appointment of Bob Gartner and Les Lewis to the Flying Cloud Airport Advisory Commission. Motion carried unanimously, ?..)D ;- 1 City Council Minutes -11- February 15, 1983 E. • Historical & Cultural Commission - Appointment of three (3) members to serve three—T37year terms commencing 3/1/83 and expiring on 2/28/86 The names of Barbara Johnson, Arlene Marshall, and Marie Wittenberg were placed in nomi nation. MOTION: Anderson moved, seconded by Bentley, to close the nominations and to cast a unanimous ballot for the appointment of Barbara Johnson, Arlene Marshall and Marie Wittenberg to the Historical & Cultural Com- mission. Motion carried unanimously. F. Human Ri_Chts & Services Commission - Appointment of three (3) members to serve three 13) year terms commencing 3/1/83 and expiring on 2/28/86 The names of Vaughn "Bob" Norberg, Elizabeth Kelly and Dan Smi thwick were placed in nomination. MOTION: Redpath moved, seconded by Bentley, to close the nominations and to cast a unanimous ballot for the appointment of Vaughn "Bob" Norberg, Elizabeth Kelly and Dan Smithwick to the Human Rights & Services Commission. Motion carried unanimously. G. Parks, Recreation & Natural Resources Commission - Appointment of three (3) members to serve three (37year terms commencing 3/1/83 and expiring 2/28/86 The names of Jerry Kinnrey, Marty Jessen, Pat Breitenstein and Edward Schuck were placed in nomination. Upon tabulation of the ballots Jerry Kingrey, Marty Jessen and Pat Breiten- stein were selected to serve on the Parks, Recreation & Natural Resources Conmrission. MOTION: Anderson moved, seconded by Redpath, to cast a unanimous ballot for Jerry Kingrey, Marty Jessen and Pat Breitenstein for appointment to the Parks, Recreation & Natural Resources Commission. Motion carried unani- mously. H. Planning Commission - Appointment of three (3) members to serve three (3) year terms commencing 3/1/83 and expiring 2/28/86 The names of Bob Hallett, Edward Schuck, Stan Johannes, Diane Gramling, John Lavender, Jr, Elizabeth Retterath and Grant Sutliff were placed in nomination. Upon tabulation of the ballots Bob Hallett, Edward Schuck and Stan Johannes were selected to serve on the Planning Commission. MOTION: Anderson moved, seconded by Rednath, to cast a unanimous ballot for Bob Hallett, Edward Schuck and Stan Johannes for appointment to the Planning Commission. Motion carried unaimously. � �h C City Council Minutes -12- February 15, 1983 XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members • 1. Bentley reported on a Chamber of Commerce meeting with 20 Major Center Area property owners. They have agreed to fund a study and report which will review land uses within the Major Center Area. This study will in- dicate what these land owners see as happening on the property they own. The Chamber of Commerce then hopes to put together a report which will show what is there, what might be proposed, and where the road spurs might come into Prairie Center Drive. Bentley said he has been very pleased with the high degree of cooperation the Chamber has received from the property owners. He said this study will help to decide whether there is a basis for a design framework. B. Report of City Manager 1. Final plat a proval for Shady_ ak 6th Addition City Manager Jullie reviewed the action which had previously been taken on this matter and the action necessary to resolve the issue. MOTION: Redpath moved, seconded by Bentley, to approve the final plat for Shady Oak 6th Addition. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Planning Director 1. Discussion on proposed ordinance for interim uses in the Major Center Area Bentley questioned the requirements included in the section on the Council findings. The concensus was to change the word "require" in Subd. 3. D. 3. to "result in" and to add "building" following the word "new." MOTION: Redpath moved, seconded by Bentley, to approve the draft ordinance for interim uses in the Major Center Area and to refer the draft to the P1 anni nq Commission for its review and recommendations. Motion carried unanimously. E. Report of Director of Public Works 1. Grading re lest at S.W. corner of 78th Street and Prairie Center Drive Director of Public Works Dietz spoke to his memorandum of February 3, 1983, in which he addressed the grading at the intersection of 78th Street and Prairie Center Drive (I.C. 51-398). The change would author- ize a change order which would remove the surcharge from the Hyde prop- erty to Technology Drive. Dietz indicated he had appeared before the Planning Corwnission and the Parks, Recreation & Natural Resources Commis- sion to review this proposal. City Council Minutes -13- February 15, 1983 Dietz noted the alternatives available as outlined in his memorandum and answered questions posed by the Council. Councilman Tangen returned from his medical emergency at 11:15 p.m. Anderson said he was not happy with the situation. He had been told that area is a major amenity to the City and it keeps being whittled away at; soon we will not have this amenity. MOTION: Redpath moved, seconded by Bentley, to approve Change Order #1 for the grading at the intersection of 78th Street and Prairie Center Drive. Motion carried with Anderson voting "no." F. Report of Director of Community Services 1. Community Center Financial Report Director of Community Services Lambert called attention to a February 15, 1983, memorandum regarding the 1982 Community Center Financial Report in which a net operating profit of $2,264.14 was reported. Penzel stated this was better than anyone had expected and was a sign not only of good management but also of the tremendous support of the community. XII. NEW BUSINESS Penzel said he would like to see legislation passed during this session of the State Legislature whereby the licensing procedure for registering car ownership would be amended so that license plates would be transferred at the time of the sale of a car. This would mean that the plates would belong to a person who would be insured and if a person sold a car he or she would keep the plates; the new owner of the previously owned car would have to prove insurability prior to purchasing plates. Bentley noted there is a proposal before the Legislature now which would levy severe penalties when there is falsification of insurance. XIII. ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 11:40 p.m. Motion carried unanimously. The following items are on file in the Office of the City Clerk as attachments to the Minutes of the February 15, 1983, Meeting of the City Council. 1) Proclamation proclaiming February to be Heart Month. 2) Proclamation congratulating the members of the Boy's Cross- Country Ski Team for winning the State Championship, • 35t 3S(4 • • MEMORANDUM • TO: Mayor and City Council TIIRU: Carl Jullie, City Manager • FROM: Bob Lambert, Director of Community Services Y` DATE: March 10, 1983 SUBJECT: Request Approve Removal of Barn on Recently Acquired Tax Forfeited Property • The City of Eden Prairie has acquired 97.5 acres Of property (formerly Edengate) in the northwestern part of the City. On this property is a barn and a small out building (see attached sheet). These buildings at the present time are vacant except for a small amount of miscellaneous building supplies and an abandoned car and pickup truck. The neighbor closest to the barn reports that several • neighborhood children have played in and around the building over the last several years. This has raised the concern of staff since the buildings are beginning to deteriorate both internally and externally. On March 7, 1983, the City staff recommended to the Parks, Recreation and Natural Resources Commission that the City advertise the sale of the barn to be dismantled and be removed from the property. This would eliminate the cost to the City for removing the majority of the barn material and would leave only the foundation. The foundation would be removed, the area graded and seeded in rough grasses to prevent erosion in the adjacent drainage way. The Parks, Recreation and Natural Resources Commission recommended approval of the sale,or burning of the structure if the City was unable to sell it. • Staff would require a bond to guarantee removal of all the lumber and cleanup of ir the site, and would establish a deadline of June 30 for removal of all materials from the site. Staff requests the Council authorize approving advertising for the barn immediately to guarantee removal by June 30th. •BL:md 1 ( 1 • - ,42?) Oc II, / . L\\3 • , .fl t /: _, IN E�.0 \t J. .r�` jam`' '' tv Ifni 1••• 4 , • y�1\ (I) 2 Z (.77\ •.:4.4:,, •Nos �> 1C `A• " Y. - ,4:; ra ::: -----!).SI...."..11 I-,`"-;1.:-r7‘.,'4...i.f." .:,: o - -6 " l.s, \ ')ate ,0 .O � (9 _�:',.''..-',:;'14.1!:5'''°.L�iS:'y '/ cC ▪� • _.IS 5) -b \,� a /7;,^ JJ • �a.F• 5CE4 1 ,G. C1 �c -27 a:� e ` t �. . _ n. c s 'I kl91 y• )- l' a Cj ;' �(sus - Q1) 6 6/J „ C\. .L :2) i/ , 7 if` a J B ,' •51 4 I io 'i1 6 r�.J \ -�� 4r ,� VO -1 .8 .r /7t•�1 1 `,ey V !$ ? e'�i e S 'LLB•• ; ,1 .n `\••''• [•' ,.,. i \ �I, ' e /•!. ••1 �1�`-1.3 - ¢*s .-.'+/r. -1 - � - -__-6� +JVGr~. :, s, `, 71 Z7T ?" e \ - •�^-1 �' *wit Y''.".~ , 7•., . :i:1: t /i : I I t • l t i ✓ 1 ... 6 is �` 317.2 March 15, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R83-53 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 51-356, Utilities, Streets, and Bike Path for Edenvale Blvd. between Woodhill Trail and C & NW Railroad Tracks and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file ' for public inspection in the City Engineer's office. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 2 week(s), shall specify the work to be done, shall state that bids shall be opened at 10:00 o'clock A.M. on Thursday, April 14, 1983, and considered by the Council at 7:30 o'clock P.M. on Tuesday, April 19, 19B3, in the Council Chambers of the City Nall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 15, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frene, Clerk i 9-)3 March 4, 1983 Mr. Eugene A. Dietz, P.E. City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: UTILITY IMPROVEMENTS ARBOR GLEN I.C. 52-037 RCM NO. 821020 T[flo Dear Mr. Dietz: rieke Bids were taken on March 1, 1983 at 10:D0 A.M. for the carrot! above project. The low bid for the project was submitted mutter by Richard Knutson, Inc. in the amount of $335,701.4D. associates,inc. This is approximately 16 percent below the estimated cost engine ers eeerrss of construction. A summary of the 17 bids received is engin ltanners attached. andscape architects land surveyors laboratory services The low bidder is a reputable contractor, currently working on an Eden Prairie improvement project. We therefore recommend awarding the contract to Richard Knutson, Inc. Very truly yours, Nancy J. Heuer�� RIEKE CARROLL MULLER ASSOCIATES, INC. NJH:ca Enclosure eLl eS .t/or7, 1011 lust street south psi office box 130 - hnpkins.nunnesota 55343 612-935-6901 39) 1 SUMMARY OF BIDS I.C. 52-037 DESCRIPTION_ Arbor Glen - Sanitary Sewer, Storm Sewer, Watermain and Street Im_p_rovements BIDS OPENED March 2, 1983 10:00 A.M. CONSULTING ENGINEER Rieke Carroll Muller Associates, Inc. CHECKED BY BIDDER BID SECURITY TOTAL AMOUNT Richard Knutson, Inc. 5% $ 335 701.40 Northdale Construction Co. 5% 347,327.70 G. L. Contracting, Inc. 5% 346,696.58 Kenko,_Inc. 5% F. F. dedlicki, Inc. 5% 3510 75.00 • Austin P. Keller Const. Co. 5% 363,826.00 _ Orfei & Sons, Inc. . 5% 368,082.13 - QRS Cors_oration 5% _371,6.72..90 _ Arcon Construction Co.,_Inc. 5% _374,862.40 ._ Incon Utilities, Inc. 5% 37/,863.40 Barharossa & Sons,. Inc. 5% _ 38_6,913.00 _ Burchett Brothers, Inc. 5% Mueller Pipeliners-Sower, Inc. 5% 398,.777..40 _ Progressive Contractors, Inc. 5% 399,323.00 _ • Widiher Brothers_,.Inc. 5% 427,38.3,.00 U.O. Contracting, Inc. _ 5% C. W. Houle, Inc. -- 5% 458,232.55 _ * Mathematical error The undersigned recor,,inend award of Contract to: corrected. Richard Knutson, Inc. — — as the lowest responsible i bidder for this provci , n tract. c;'#U21‘2i.ftr -- - - - ConSti(lip fny i neer E gene A. Di. z, P.E. Director of Public Works 35 CITY OF EDEN PRAIRIE HENNEI'IN COUNTY,MINNESOTA RESOLUTION NO.R83-54 RESOLUTION ACCEPTING BID • WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-037 Arbor Glen - Sanitary Sewer, Storm Sewer, • Watermain and Street Improvements bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the City Engineer recommends award of contract to Richard Knutson, Inc. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: • The Mayor and City Manager are hereby authorized and directed to enter into a contract with Richard Knutson, Inc. in the name of the City of Eden Prairie in the amount of_1335,7_.40 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. • • ADOPTED by the Eden Prairie City Council on March]5, 198_1 • 3 Wolfgang H. Penzel, Mayor ATTEST: SEAL: John D.Frane,Clerk �JtP CITY OF EDEN PRAIRIE • ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Managcr Eugene A. Dietz, Director of Public Works(r FROM: David L. Olson, Engineering Technician 9 DATE: March 8, 1983 SUBJECT: EDENVAI.E 15th ADDITION PROPOSAL: The developer, Equitable Life Assurance Society, has requested final plat approval of Edenvale 15th Addition, a residential multiple plat (RM 6.5) containing approximately 17 acres. This is a replat of Outlot D, Edenvale 3rd Addition which is located north of Edenvale Boulevard and east of Edenvale llth and 14th Additions in the South 1/2 of Section 4. Upon completion, the project will contain 106 townhouse residential units. HISTORY: The preliminary plat was approved by the City Council on July 20, 1982, per Resolution 82-177. Ordinance #8-82, rezoning the property to RM 6.5 was finally read and approved by the City Council on October 5, 1982. The Developer's Agreement referred to within this report was executed on October 5, 1982. VARIANCES: A variance from City Code Sec. 12.20, Subd. 2.A. waiving the 6 month maximum time elapse between preliminary plat approval and filing of the final plat will be necessary. All variance requests must be processed through the 8oard of Appeals. UTILITIES AND STREETS: Municipal utilities and streets will be installed by the developer in conformance with City standards and the requirements of the Developer's Agreement. The construction of Edenvale Boulevard will be done under a contract to be let by the City. Units will not be constructed on the property until this contract has been issued. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. The parcel shown as park on the final plat will contain a totlot to be constructed prior to issuance of the 5th building permit. Upon Edenvale 15th Addition Final Plat. Pg. 2 • substantial completion of the development ownership and maintenance, responsibilities will be transferred to the homeowners's association. This is further described in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Edenvale 15th Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of Engineering fee in the amount of $2,120.00. 2. Receipt of fee for street lighting in the amount of $1807.20. 3. Satisfaction of bonding requirements. 4. Receipt of a performance bond or letter of credit in the amount of $5,500.00 to cover the cost of constructing the totlot. DLO:sg J?) March 15, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R83-55 • RESOLUTION APPROVING FINAL PLAT OF EDENVALE 15th ADDITION WHEREAS, the plat of Edenvale 15th Addition has been submitted in the manner required for platting land under the Eden Prairie City Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances 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 Edenvale 15th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 8, 1983. B. Variance is herein granted from City Code Sec. 12.20, Subd. 2.A. wailing the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as . described in said Engineer's report. C. 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 Registrar of Titles for their use as required by MSA 362.358, Subd. 3. D. 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. E. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on March 15, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk Y CITY OF EDEN PRAIRIE ENGINEERING REPDRT ON FINAL PLAT TO: Mayor Penzel and City Council Members • THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Engineering Technicians, DATE: March 8, 1983 SUBJECT: EDENVALE APARTMENTS PROPOSAL: The developer, Edenvale Apartments, a general partnership, has requested City Council approval of the final plat of Edenvale Apartments located east of Baker Road and north of new Valley View Road in the South 1 of Section 10. The plat contains approximately 23 acres, of which 17 acres are to be used for the construction of one building containing 175 residential units (RM 2.5). This is a replat of Lot 1, Block 1 , Edenvale 4th Addition (Lot 1, Block 1). Lot 2, Block 1 (approximately 6 acres) has not been rezoned, therefore the developer must follow the necessary rezoning process prior to any development upon this parcel. HISTORY: The preliminary plat was approved by the City Council on January 20, 1981, per Resolution k81-12. Zoning to RM 2.5 was finally read and approved by the City Council on July 21, 1981, per Ordinance #81-01. The Developer's Agreement referred to within this report was executed on July 21, 1981. VARIANCES: A variance from Sec. 12.2D subd. 2.A of the City Code waiving the 6 month maximum time elapse between preliminary plat approval and filing of the final plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All utilities installed within this plat will be owned and maintained by the developer and will be installed in conformance with applicable building code. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. • 91-10 Edenvale Apartments Final Mat Pg. 2 BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Edenvale Apartments subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of Engineering fee in the amount of $3,500.00. 2. Receipt of easements described in the Developer's Agreement. 3. Receipt of Performance bond or letter of credit for walkway construction along the south easterly line of Lot 1, Block 1, in the amount of 510,000.00. DLO:sg • • 1 March 15, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( RESOLUTION NO. R83-57 RESOLUTION APPROVING FINAL PLAT • OF EDENVALE APARTMENTS WHEREAS, the plat of Edenvale Apartments has been submitted in the manner required for platting land under the Eden Prairie City Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances 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 Edenvale Apartments is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 8, 1983. B. Variance is herein granted from City Code Sec. 12.2D, Subd. 2.A, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's report. C. 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 Registrar of Titles for their use as required by VISA 462.358, Subd. 3. D. 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. E. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing providions. ADOPTED by the City Council on March 15, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk ^! ,i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING, THE LEGAL DESCRIPTIONS OF LAND IN EACIi DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. • Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District and the RM-6.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District and the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , entered into between T. Michael and Patricia Carmody, husband and wife, 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 day of , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: John D. Franc, City Clerk 1T1fgang H. Penzel, Mayor I PUBLISHED in the Eden Prairie News on the day of • 3y? ) . • .1 . . Exhibit A LEGAL DESCRIPTION PARCEL 1 The • single family area of the Towers Addition is described as follows: (R1-13.5) • . • •• Beginning at the.South'•rest corner of Section 1 05, Township s 6, • Range 22; thence North 00 degrees 43 on an assumed bearing along the West line of said Section 15 a distance of 375.37 feet; thence North 89tdegrees e on a micunutes concave3 seconds East ea distance a cen.21 tral angle of 97 degrees 93 minutes to the seconds, a radius(having ofg a chord distance of 262.05 01 seconds, a 323.9 3 feet, • feet, a chord bearing of South 66 degrees 23 minutes 37 seconds )a , a distance 269.70 feet to the actual point of beginning • th of the parrcell too be described; thence continuing on a curve concave to the Northeast (having a central angle of 47 degrees 93 minutes d 01 seconds, tr radius of 292tic degrees minor esr37aseconds East), feet, a chord bearing of 66 • a coed East a di ttancetofthence 135.00 feet; thenceh 40 i North 34 degrees3 • second:. L 00 minutes 00 seconds West a distance of 165.00 +ce to the . South 99 degrees 00 minutes 00 seconds West point of beginning and there terminating. PAl_CEl_2 • The quad area of the Towers Addition is described as follows: (RM 6.5) South half, Southwest Quarter, Section is, Township 116, Range 22 West, lying north of Deer Creek excluding the following: Beginning at the Southwest corner of Section 15, Township 116, • Range 22; thence North 00 degrees 43 minutes OS seconds West, on an assumed bearing along the West line of said Section 15 a distance of 375.37 feet; thence North 89 degrees 44 minutes 53 seconds East a distance of 160.21 feet; thence on a curve concave • to the Southwest (having a central angle of 97 degrees 43 minutes 01 seconds, a radius of 323.93 feet, a chord distance of 262.05 feet, a chord bearing of South 66 degrees 23 minutes 37 seconds Bast), a distance of 269.70 feet to the actual point of beginning of the parcel to be described; thence continuing on a curve concave '; to the Northeast (having a central angle of 47 degrees 93 minutes 01 seconds, a radius of 212.51 feet, a chord distance of 196.21 feet, a chord bearing of G6 dc.Ltrces 23 minutes 37 seconds East), • a distance of 202.00 feet; thence North 40 degrees 25 minutes 03 seconds East a distance of 136,00 feet; thence North 34 degrees •00 minutes 00 seconds West tt distance of 165.00 feet; thence South 49 doll 00 winulet; 00 seconds West J175'00 feet + to the • Towers Addition • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983, by and between T. Michael and Patricia Carmody, husband and wife, hereinafter referred to as "Owners," and the CITY OF EDEN PRAIRIE, a municipal corpora- tion, hereinafter referred to as "City," • WITNESSETH: WHEREAS, Owners have applied to the City to rezone land from Rural to R1.13.5, approximately 0.75 acres, described as Parcel 1 in Exhibit A, attached hereto and made a part hereof, and from Rural to RM.-6.5, approximately 6.0 acres, described as Parcel 2 in Exhibit A, situated in Hennepin County, State of Minnesota, both parcels hereinafter referred to as "the property;" and WHEREAS, Owners desire to develop two (2) single family lots, and eight quadraminium buildings, thirty-two (32) units, as depicted in Exhibit B, attached hereto and ,made a part hereof; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 2-83 and Resolutions Nos. 83-22 and 83-23, Owners covenant and agree to con- struction upon, development, and maintenance of said property as follows: 1. Owners shall plat and develop the property in conformance with the material dated December 27, 1982 reviewed and approved by the City Council on January 18, 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owners shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Owners covenant and agree to the performance and observance by Owners at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. • • 3. Prior to final plat submission, Owner shall submit a final development plan to the City for review by the City Engineer, and obtain the approval of the City Engineer for said plan. Said plan shall include, but not be limited to: A. Plans for sewer, water, and drainage. B. Plans for storm water calculations. C. Plans for underground piped storm sewer'in lieu of open, existing drainageway. D. Plans for treatment of the drainageway, i.e. grading limits, • vegetation, to be saved, areas safed, etc. E. Plans for hydrant locations. F. Plans for bicycle safe grates for catch basins. 4. Prior to the issuance of a building permit for building upon the property, Owner shall submit a plan for soil correction to the City Building Official for review and approval. 5. Prior to building permit issuance, Owner shall submit to the Director of Planning, a landscape plan for review and obtain the approval of the Director of Planning of said plan. Said plan shall include, but not be limited to the following: A. Screening of all parking areas from adjacent roads. B. Screening to provide a buffer along adjacent detached housing areas. • • • ?,uc>, • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE by Wolfgang H. Penzel, Mayor • • • by Carl J. Jullie, City Manager STATE OF MINNESOTA). )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983 by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public 1. Michael Carmody • • { E Patricia Carmody �U� • • STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) • The foregoing instrument was acknowledged before me this day of • , 1983 by T. Michael and Patricia Carmody, husband and wife. Notary Pub 1 is • • • (7.. . . •. .....-.^1P •••-•-om..... ---zz-:— ..• IN'. I,. • . . . . rcf c •• ' :, • ' ' ' ..(.. . ._ • r.i.6 ,i , • ——.— La ' u/8 ic: ' • ———'—'7— • 4:4.0 At;...'• i'"11-1C11r:.a. ln ( -•------ •tl 71 ; ' wt5.4" t. . ---117..TW''‘Y, 1 t,11. • UI mg. •,•41/•,.11,C lea.11114.0.Z_Z_J. '' —. 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I.1 !.1 f.; •, to ,..:•) ' .f.*..--' r'',,14 1 . ——(IL- • 7) ,—. -- 1 1 : ,ai' 5.; r11 .Z-/ v't ;;.1'• i 8 ;:.. / • 7: ?:• ?: Exhi t)i t B 1 -- ni * •• • 11 • Towers Addition t CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-41 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 4-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY • WHEREAS, Ordinance No. 4-83 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 4-83, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 4-83 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on , 1983. Wolfgang H. Penzel, Mayor ATTEST: John O. Franc, City Clerk • • 3so Towers Add i t ion The following is the full text of the City of Eden Prairie Ordinance No. 2-83, which ..,as adopted and ordered published at a regular meeting of the City Council of the 1, ,ty of Eden Prairie on , 1983. Following the text of the Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIDNS 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 THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District and the RM-6.5 District. { Section 3. That the proposal is hereby adopted and the land shall be, ad hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District and the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 1, shall be, and are amended accordingly. Section 4. City Cede Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , entered into between T. Michael and Patricia Carmody, husband and wife, 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 day of , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: • John U. Irene, City Clerk Wolfgang H. Pen el, Mayor PUBLISHED in the Eden Prairie News on the day of 3S. I • Towers Addition Summary of Developer's Agreement: Towers Addition Developer will develop the land as described in Exhibit A in accordance with Exhibit B, both of which are attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Developer's warranty of title to the land. 2. Submission to City Engineer of a final development plan. • 3. Submission to City Building Official of soils correction plan. 4. Submission of landscape plan to City Director of Planning. 5. Submission to Watershed District of storm sewer plans. Developer to follow the rules and regulations of said Watershed District. 6. Payment of cash park fees at time o1' building permit issuance. 7. Payment to City of first three years' lighting fees. 8. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 9. Developer's comnitment not to oppose rezoning, if Developer fails to proceed in accordance with the Developer's Agreement within twenty- four (24) months. 10. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 11. Notice to the City's cable franchise. Notice: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. John D. Franc, City Clerk Wolfgang H. Penzel, Mayor CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAI. PLAT TO: Mayor Penzel and City Council Members • THROUGH: Carl Jul lie, City Manager Eugene A. Dietz, Director of Public Works !� FROM: David L. Olson, Engineering Technician dr p• • DATE: March 8, 1983 SUBJECT: TOWERS..ADDITION PROPOSAL: • The developers, Michael and Patricia Carmody, have requested City Council approval of the final plat of Towers Addition located east of Mitchell Road between Old Farm and Deer Creek Additions in the South 'p. of Section 15. The plat contains 2 single family lots (RI-13.5) and 32 quadra minimum units (RM 6.5). HISTORY: PUD approval for this development was granted by the City Council on January 18, 1983, per Resolution #83-22. The preliminary plat was approved by the City Council on January 18, 1983, per Resolution ;p83-23. Final reading by the Council of Ordinance #2-83 rezoning the property • to RI-13.5 and RM 6.5 is scheduled for•March 15, 1983. The Developer's Agreement referred to within this report is scheduled for execution by the Council on March 15, 1983. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities will be installed throughout the plat by the Developer in conformance with City Standards and the requirements of the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. Outlots A and B are intended for open space use with ownership to be retained by the Developer and, upon completion of the project, transferred to the homeowners association. RECOMMENDATION: Recommend approval of the final plat of Towers Addi tion subject to the requirements of this report, the Developer's Agreement and the following: Js Towers Addition Final Plat Page 2 March 8, 1983 1. Receipt of Engineering fee in the amount of $1020.00. 2. Receipt of cash deposit for street lighting in the amount of $903.60. 3. Second reading of Ordinance #2-83. 4. Execution of the Developer's Agreement. OLO:sg • -t March 15, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( • RESOLUTION NO. R83-56 A RESOLUTION APPROVING FINAL PLAT OF TOWERS ADDITION WHEREAS, the plat of Towers Addition has been sub- mitted in the manner required for platting land ender the Eden Prairie Ordinance • Code and under Chapter 462'of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF •£DEN PRAIRIE: A. Plat Approval Request for Towers Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated March 8, 1983. • B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- • trar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on March 15, 1983. Wolfgang H. Fenzel, Mayor ATTEST: SEAL John D. Frane, Clerk . March 15, 1983 CITY OF EDEN PRAIRIE If HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. R83-59 RESOLUTION AUTHORIZING LICENSE APPLICATION WHEREAS, the proposed sanitary sewer and watermain.in Improvement Contract 52-042 requires crossing at public waters (Nine Mile Creek); and WHEREAS, the proposed work conforms to the approved development plan for Cardinal Creek 3rd Addition. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Director of Public Works is hereby authorized and directed to submit an "Application for License to Cross Public Waters" to the Department of Natural Resources. ADOPTED by the Eden Prairie City Council on March 15, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 11) '�jj(, • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • Ordinance No. 3-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, AMENDING ORDINANCE #80-10, AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135, ADOPTED JUNE 3RD, 1980, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. • THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS: Section 1. That Ordinance #80-10 is amended as follows: "Section 2. The above-described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 29, 1980 and that certain Amendment and Supplement to Developer's Agreement dated as of , 1983, between Robert A. Quam, Sr., and Rymarland Camp, Inc., and the City of Eden Prairie, which arc hereby made a part hereof and shall further be subject to all of the ordinances, rules, and regulations of the City of Eden Prairie relating to the R1-13.5 District." Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983 and finally read and adopted and order published at a regular meeting of the City Council of said City on the day of , 1983. • Wolfgang H. Penzel, Mayor ATTEST: • • John D. Frame, City Clerk / PUBLISH{ED in the Eden Prairie News on the day of , 1983.• 3r'7 • (, • Exhibit A • Rymarland Camp 3rd Addn. LEGAL DESCRIPTION • • Lots 4, 5, and 6, Block 4, and Lots 5 and 6, Block 5, and Lots 1 and 2, Block 6, and all of Outlot A, all in RYMARLAND CAMP 2ND ADDITION, Hennepin County, Minnesota. Rymarland Camp 3rd Addition • AMENDED DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1983 by and between Robert A. Quam, Sr., a single person and Rymarland Camps, Inc., a Minnesota Corporation, hereinafter jointly referred to as "Owner," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City," WITNESSETH: WHEREAS, Owner has applied for an amendment to the development plan for Rymarland Camp 2nd Addition, said plan dated March 3, 1980, attached hereto and made a part hereof as Exhibit B, the-Developer's Agreement for said development dated and executed May 29, 1930; and, • • WHEREAS, Owner desires to plat end develop a portion of Rymarland Camp 2nd Addition, approximately 4.4 acres, all situated in Hennepin County, State of Minnesota, more fully described in Ethibit A, attached hereto and made a part hereof, and hereafter referred to as "the property," as eleven (11) single family residential lots to be known as Rymarland Camp '3rd Addition; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 3-83'and Resolution No. 83-10, amending zoning and development plan, 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 November 22, 1932 reviewed and approved by the City Council on February 1, 1933 and attached hereto as Exhibit C, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all the terms, covenants, agreements, and conditions set forth in Exhibit 0, attached hereto and made a part hereof. .>>(") Rymarland Camp 3rd Addition Page 2 • 3. Prior to submission of Final Mat, Owner agrees to submit the following development plans to the City for review and obtain the City's approval thereof: A. To the City Engineer, the following plans; 1. Plans showing no more than 14% slopes at the frontage of Lots 8, 9, 10, and 11. 2. Development plans for sewer, water, and drainage. B. To the Fire Marshall, plans for hydrant locations. C. To the Director of Planning, detailed plans regarding treatment and preservation of the wooded areas. 4. Prior to building permit issuance, Owner agrees as follows: A. To pay Cash Park Fees as required by Paragraph III of Exhibit D and by City Code. B. To obtain the Board of Appeal's approval of requested variances from the City Code Zoning requirements relating to • minimum frontage at the street right-of-way for Lots 4, 6, 7, and 8. 5. This amended Developer's Agreement supercedes the Developer's Agreement dated May 29, 1980 by and between Robert A. Quam, Sr., a single person and Rymarland Camps, Inc., a Minnesota Corporation. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE Wolfgang H. Penzel, Mayor • Carl J. Jullie, City Manager n • ( .<ymarland Camp 3rd Addition Page•3 STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota Municipal corporation on behalf of the corporation. Notary Public OWNER: • Robert A. Quam, Sr. • RYMARLAND CAMPS, INC. By: John S. Netland President • STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) • The foregoing instrument was acknowledged before me this day of • , 1983, by Robert A. Quam, Sr., a single person. Notary Public 36,1 1 Rymarland Camp 3rd Addition Page 4 • STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) • The foregoing instrument was acknowledged before me this day of , 1983 by John S. Netland, the President of Rymarland Camps, Inc., a Minnesota corporation, on behalf of the corporation. 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',‘..‘ 'V'-•N''' (" 11, .1 ---- „.„ • ,N Ik•ti . . . . . \% \'..,‘ ..\\ , -1%...-.._ ..- . _, • i, i ft V.\.;.•,,e..\;:., • •, I s; '•( ftfEl i:i ,,,,N;\ \ .,•sy ii )4_,, i illt 1. ......--.., .., 1 ittes it!, I i I f I * i". 1 " ,, •\..:::..t...."'4,,,,1 1 • \ I I • s k .. t I .s. ,: •-',\tK`,,, >1 ; . ‘, •\I • I .f .1 li tilgaAi ;It \( i • . ilt 1 t • . \\:,:',...,\\/ 1 7. - • __ __---. • : LI • Ft: IE / Exhibit C , 2-•••:u ::::, • ( ,1,..:•- ;it a..:. • . •-,......., —— . -...--- ... ...--- 9 LANE .0 : 1,700 7-- — ,c,..,....•:::c1.11‘..- 1\ 2 9 , I , I i/ ..,/' ti.Ik\ 3 2 I 2 /' \ . 296 14 . ,.% ) K\s„, 6 1.. 3 x •'_''''\(.,..4,‘"6....,e:,.,,, ' '''• % 1 5V • i' 5 • A 7 / , ii 4 7 / '‘".. ht• - 1.,, pf, " ‘,.. 4 6 I . • ,•I' 2 , i 1. \ .. . > ,...,‘C....• .9 El / •• ‘ 0. __ • --..:.:, 0>x- q . //' .0„ / / ) e• ......--....—__. \ • ,,, . 111111,11.1,P.14.'1 / II 5111 isl•••.11 „ 11 TI141=1;1111:111,1•1111.511.1111 . : IF ', ---—--1( \ .',C// 1.1 MA .••••..... / /• 2 '''. s)\\i tor; .,..,. . / ,/c.../ LP 101 Of 11.100 ,,, III. ... K 3 '4(sc e / /*/'..- . “.- LW 10 LP 1 16.140 17.0 1,11111 14.13 IL. \ ., / , '. • \ / ,, / / •So' • . • . . toid d.I ea 6.II..• 1....••••il.•1••• ra..•:..111.1"11..".1.,.::=1.",117; 411•1•I.,..........9,. • 4.....id,i.,,...... , k Ilt • 1 1 PHI l IMINNfl PLAT RYMARt.AND CAMP 3RD ADDI 1 ION _:. ....1.....4 t SATHRE•13 ERGO Ul S T. INC. ! • '3'1 ' ' 1 •111.4111D •01, MILT OUAM c....227— 1111 IASI WA/.St•V •1.1•141.Oa•0111 • I.ii; , I I . .,,, . • • Rymarland Camp 3rd CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-52 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 3-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY • WHEREAS, Ordinance No. 3-83 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • A. That the text of the summary of Ordinance No. 3-83, 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. 8. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 3-83 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on , 1983. • Wolfgang H. Penzel, Mayor ATTEST: / ohn D. Frane, City Clerk 4 . Rymarland Camp 3rd The following is the full text of the City of Eden Prairie Ordinance No. 3-83, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 1983. Following the text of the Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of the Ordinance, is sunenarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 3-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, AMENDING ORDINANCE #80-10, AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135, ADOPTED JUNE 3RD, 1980, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY CDUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS: Section 1. That Ordinance #80-10 is amended as follows: "Section 2. The above-described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 29, 1980 and that certain Amendment and Supplement to Developer's Agreement dated as of , 1983, between Robert A. Quam, Sr., and Rymarland Camp, Inc., and the City of Eden Prairie, which are hereby made a part hereof and shall further be subject to all of the ordinances, rules, and regulations of the City of Eden Prairie relating to the R1-13.5 District." Section 2. City Code Chapter 1 entit' "General Provisions end Definitions Applicable to the Entire C :ode Including Penalty for Violation" and Section 11.99 entit Violation a Misdemeanor" are hereby adopted in their entirety, eference, as though repeated verbatim herein. Section 3. This ordinance shall become fective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983 and finally read and adopted and order published at a regular meeting of the City Council of said City on the day of , 1983. Wolfgang H. Fenzel, Mayor // ATTEST: 4 i D.{Trane, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1983. • ,nary of Developer's Agreement Rymarland Camp 3rd Developer will develop the land as described in Exhibit A, which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Developer's warranty of title to the land. 2. Submission to the City Engineer of a development plan for the, land. 3. Submission to Fire Marshall of plans for hydrant locations. 4. Submission to Director of Planning of plans regarding treatment and preservation of the wooded areas. 5. Payment of Cash Park Fees. 6. Board of Appeal's approval of requested variances. 7. Submission to Watershed District of storm sewer construction plans. Developer 1.o follow the rules and regulations of said Watershed District. 8. 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. 9. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 10. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 11. Payment to City of first three years' street lighting fees. 12. Application of the Developer's Agreement to transferrees of the land. 13. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 14. City's remedies in the event that Developer violates the provisions of the D,:veloper's Agreement. 15. Notice to the City's cable franchise. Notice: A printed copy of this ordinance is available for inspection by any person r'',ring regular office hours at the oft ice of the City Clerk. ADOPTED BY the Eden Prairie City Council on , 1983. IUIn D. Frane, CitytTerk Wolfgang 11-1senzel, hlayor 2I1 MEMORANDUM FROM: Carl Jul lie, City Manager DATE: March 10, 1983 SUBJECT: Reallocation of Previous Year's CIBG Funds and Approval of a Preliminary Year IX Program After having received over $251,010 worth of suggestions for projects from City Commissions for $85,090 worth of potential CIBG funding for Year IX, I have evaluated the requests and suggest the following prelirninary program Pe adapter loy the City Council for presentation to Hennepin County and the Planning Area Citizens Advisory Committee: I. For Year IX Funds 015,155): Housing RehaPi 1 i tation $11,991 H.0.14.E. 2,611 Safe Homes 451 Planning and Management Development 15,724 Administration 991 Planning for Purgatory Creek 29,001 Recreation Area Staring Lake Play Structure 29,100 Architectural Fees for Restoration 14,291 of Grill House • $85,055 II. Reallocation of Funds Banked for Elderly Housing Years V-VIII(S279,901) Reserve for Edendale project $166,000 Additional funds for Grill House 5,790 Bank funds for improvements at Senior 23,500 Center Bank funds for future Elderly Housing 24,301 $279,991 ' �J�O • MEMORANDUM • TO: City Council FROM: Chris Enger, Director of Planning YITROL'GFH: Carl Juilie, City Manager DATE: March 9, 1983 SUBJECT: Alternative Approaches to Matching Funds for Edendale Apartments We have had conversations with local HUD representatives regarding specific concerns of the City Council regarding costs for Edendale Apartments. Following is a summary of cost facts to-date: 1. HUD has a very up-to-date costing system for determining comparable building costs and land costs. HUD estimates of construction cost and land costs agree with building estimates and actual land costs of the proponent. Total land cost is $232,000; building cost estimate is $2,537,052; total project cost is $2,769,052. 2. To be eligible for the 202 Low Interest Federal Loan, the sponsor must be non-profit (there is no sponsor or developer profit), the rent is limited to a fair market rent, and the rent must be able to retire the loan amount after expenses. The building contractor's profit is limited to 6% of the constra"tion contract. Even though IUD agrees with the total project cost, since rents are limited, tha actual loan amount able to be supported by these rents is 2,502,800. The difference is S166,252. 3. The sponsor is supposed to come up with a minimum of $10,000 of their own money. This would bring the total up front cash requirement to about $176,D00 to make the project feasible. The Council requested that several alternatives be explored to either reduce the project cost or fund the short fall in different ways. Following are suggestions: 1. One possible way to reduce the cost of the project would be to require less land. This alternative would mean that approximately one acre of land directly north of the Professional Building would be available for future office or commercial use. At $2/sq. ft., this could reduce costs by over $87,000; however, all plans, public hearings, and presentations to the neighborhood were predicated upon leaving this area open as a buffer from commercial and the mid-rise elderly building. 2. Use of tax increment financing on this project would be feasible to cover the shortfall, leaving the entire $200,000 banked toward provision of 161 elder ly units available for the next 100 units. Since it is unlikely to expect receipt of another Low Interest 202 mortgage, if we hope to provide elderly in the future, we may expect to combine use of Housing Revenue ca • • Matching Funds for Edendale -2- March 9, 1983 • Bonds, Tax Increment Financing and CDBG funds on future projects. None of these programs, without additional Federal assistance, could support a project alone. So, if we spend all our CDBG, or do not continue to budget for additional elderly, we would be putting our committment to additional elderly on hold. 3. Another alternative would be use of a combination of Tax Increment Financing and CDBG funds to stretch CDBG. While CDBG can be utilized for many different types of projects, Tax Increment Financing cannot, although the use of Tax Increment Financing in a small amount would probably be more trouble than benefit. • After discussion with a representative from Twin City Christian Homes regarding additional non-profit sponsor cash participation, the Staff would recomnend allocation of up to approximately $166,000 of CDBG funds participation in the project. • • • i MEMO TO: Mayor and Council FROM: Steve Durham, Research Planner TIIIlOUGH: Chris Enger, Director of Planning DATE: March 4, 1983 SUBJECT: Year IX Community Development Block Grant (CDBG) Program • Eden Prairie, in joint cooperation with Hennepin County and approximately forty other surrounding communities, is eligible to apply for federal CDBG Funds under the Urban County CDBG Program. The overall objective of the CDBG program is to provide housing and service opportunities for low and moderate income families, elderly, and handicapped people. In past years, Eden Prairie has utilized CDBG funds for trail construction, park construction at Edenvale and the Preserve, improvements to the Senior Center, restoration to the Cummins-Grill House, H.O.I1.E. Program, and housing rehabilitation programs. Money has been banked for tlr past four years to help offset the construction cost of 161 elderly units. A 61 unit project will soon be under way and is located adjacent to Prairie Village i1all. In 1975, Eden Prairie received $19,000 in CDBG funds. Fund allocations have increased every year, and for Year IX (1983-84) the City expects $85,055 (an amount based upon the city's total population, degree of poverty, and need for housing). Hennepin County has released a statement of local objectives which are in accordance with federal CDBG objectives. The Planning Department has used these objectives in putting together this year's CDBG proposed activities. Listed below is a brief synopsis of each proposed activity and suggested allocations for Year IX. PROPOSED ACTIVITIES SYNOPSIS Rehabilitation of Private Property • • -Housing Rehabilitation The CMG Home Improvement Grant Fund improves the livability, safety, and energy efficiency of homes owned by persons with low incomes. $11,000 • -11.0.M.E. Household and Outside Maintenance for Elderly--The goal of the 11.0.M.E. program is to allow seniors to remain in their homes as long as possible by providing reliable household maintenance at a modest cost. $2,600 3')I City Council -2- March 4, 1983 CDBG Year IX Special Projects -Safe Homes Allocation of funds will be used in the development of needed advocacy and safe homes network for Eden Prairie residents. $450 -Planning and Management Development Manufactured Housing Ordinance--An ordinance for manufactured housing will be developed in accordance with the new Minnesota State Law regarding manufactured housing. This ordinance will also assist in housing. for low and moderate income families. $1,000 Comprehensive Guide Plan--Funds will be utilized to update all elements of the Guide Plan which include demographics, sewage flow, land use, transportation, community facilities, and map revisions. In addition, a separate detailed Housing Assistance Plan will be developed. $13,124 Administration General--Includes only activities associated with COBS program development and Warrant Request submissions. $990 Land Bank Funds will be banked to assist in the acquisition of land for low and moderate income housing projects. $55,890 • • l . ? 1 • • MEMO I TO: Mayor and City Council • FROM: Chris Eager, Director of Planning DATE: March 4, 1983 • SUBJECT: Transferral of CDBG Funds from Year VI Project #007 to Year VIII for Zoning Map Update The Eden Prairie Planning Department added a planning intern in August of 1982 through CE"iA's On Job Training Program in order to help with research and long-range planning. Additional planning staff time has been required to update population and housing information, update the Guide Plan map, implement CDBG Year IX programs, and update Eden Prairie's mono nity profile booklet. Hennepin County awarded the City with $1,800 in 1982 through CDBG contingency funds to assist in the revision of a Housing Assistance Plan. All funding for the research intern position will run out in May. In order to retain the position between May and the beginning of Year IX CDBG funding for 1933- 84 (August), we would request the Council to transfer $1,600 from Year VI CDBG Project #007 to Year VIII CDBG for this purpose. 3 )3 i 3714. Serving Bloomington. Eden Prairie,Hlchlleld And Edina rn Household&Outstae iviatntcnance tar boarly March 10, 1983 Chris Enger Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Chris: As you requested from our last conversation, I am writing to give you some background information on our request to Eden Prairie for $2,500 1983-84 COBS funding for the H.O.M.E.. Program. • H.O.M.E. (Household and Outside Maintenance for Elderly) is a chore/home maintenance service and homemaking program which operates through the South Hennepin Human Services Council for the Cities of Bloomington, Richfield, Edina and Eden Prairie. The goal of the program is to provide modest cost maintenance service to elderly and disabled to assist them in living in their homes for as long as is safe and possible. The H.O.M.E. Program began in 1980 end will be beginning it's fourth year of operation in July, 1983. Since that time, over 500 households have been served. In Eden Prairie 15 households have been served in the past year. Services the H.O.M.E. Program has provided to residents of Eden Prairie include: exterior painting of resident's homes, furniture moving, insulate attic, interior painting, trim hedges, drain ditch, inside repair and carpentry, housecleaning, yardwork and weatherization. During 1983-84 the following outreach activities will occur to enable a greater number of residents to make use of the H.O.M.E. Program: 1. Increased publicity through use of the Eden Prairie News, flyers, • posters and public meetings, i.e., presentations to the senior groups, city staff, Eden Prairie Human Rights and Services Commission and other community groups. • a. Presentations to civic groups such as Rotary, Jaycees, Suburban Exchange, churches, etc. b. Delivery of posters to hanks, P.R.O.P., libraries, schools, city hall and other public buildings. c. Handout of literature to all applicants of the fuel assistance program and the surplus dairy products distribution program. which are administered through the South Hennepin Human Services Council. South Honnepin Human Services Council Crookedo Center • �'1' 9801 Penn Ave.So. Room 100 Bloomington,MN 55431 (612)088-5530 • Chris Enger -2- 2. Development and distribution of additional brochures and flyers in Eden Prairie. 3. Ongoing evaluation of service delivery in Eden Prairie. We anticipate increased usage of the H.D.M.E.'Program in Eden Prairie during our fourth year or operation. If I or Debbra Determan, Program Director can be of assistance to you, please contact us at 888-5530. Thank you for your follow-up on this . request. Sincerely, Russ Stricker Executive Director RS/jmd • • • • „. • s i^ .1 IUD 8 tla1 H -- i SOUTH HENNEPIN HUMAN SERVICES COUNCIL • Serving • Bloomington Eden Ihauw Edina January 28, 19133 Richfield Chris Enger 8950 Research Road Eden Prairie, Mn 55344 Dear Chris: The South Hennepin Family Violence Committee has worked over the past four years to develop resources for residents in violent relationships. This letter is a request for $450 of the 1983 Community Development Block Grant allocation to develop a satehome and advocacy network for residents in Eden Prairie. Following the completion of the Comprehensive Study, the Eden Prairie Needs Sub-Committee ranked family violence as a high priority for service. The South Hennepin area lacks any type of advocacy or safehome/shelter to assist people wishing to leave violent relationships. The goal of the South Hennepin Family Violence Committee is to work, in cooperation with residents and human service providers, to establish a network of services to assist battered persons in the South Hennepin area. To document the need, national statistics show violence occurs in one out of three families. Family Violence occurs in every demographic category. It crosses urban and suburban boundaries. It happens in all socio-economic classes and in every neighborhood. Results from the Comprehensive Study of Human Service Needs in the South Hegnepin area shows 24;= of the respondents from Eden Prairie know someone who is involved in a violent relationship or has a problem in their own family. • It is hoped that the Community Development Block Grant allocation can assist the South Hennepin Family Violence Committee in developing a much needed advocacy and safehomes network. Sincerely, '',C s1 6k CLC.)4-itA1i.0 • Debbra Determan Program Di rector South Hennepin Family Violence Committee DD/ja CC: Mary Hayden Jan Flynn , MEMORANDUM T0: Mayor and City Council THRU: Carl Jullie, City Manager • FROM: Bob Lambert, Director of Community Services DATE: March 10, 1983 SUBJECT: 1983 Community Development Block Grant Year IX Parks, Recreation and Natural Resources Commission 6 Historical and Cultural Commission Requests • .The City of Eden Prairie will receive approximately $85,000 for Year IX CDBG Funds. Eligible activities assisted under this title may include: the acquisition of real property for the preservation or restoration of historic sites, the conser- vation of natural resources in scenic areas, the provision of recreational opportunities, as well as a number of other public purposes including public work facilities, etc. City staff have provided the Planning Commission, the Historical and Cultural Commission, the Human Rights and Services Commission and the Parks, Recreation and Natural Resources Commission with criteria outlining the eligible activities and with suggestions on a number of eligible activities that relate to the programs reviewed by the various commissions. At the Fehraury 22, 1983 Parks, Recreation and Natural Resources Commission meeting, the Connnisssi.on members reviewed a February 18th memo from the Director of Community Services regarding a list of seven eligible activities. The Commission recommended the following priorities for expenditure of Community Development Block Grant money in the area of parks, recreation and natural resources. 1. Contract with a planning firm for a master plan for the development of the Purgatory Creek Recreation Area in the Major Center Area. Estimated cost $20,000. 2. Construct the Staring Lake Playstructure in 1983. Estimated cost $20,000. 3. The Commission felt that the Council should also consider funding for the following projects if funds are available: a. Senior Citizen Center expansion. b. Installation of lighting for the Staring Lake Park parking lot and skating rink. c. Restoration of the grounds on the Grill site. . The Commission agreed with the following rationale for funding these projects: 1. Manning for the Major Center Area Flondplain A schematic plan showing an It hole golf coarse in the !skijor Center Area Floodplain was prepared by Don Brauer in 1980. This plan depicted a large dike that was necessary to handle the flood storage and required a million cubic yards of fill. • N The estimated cost of the development was approximately 2 million dollars. The Community Services Staff objected to the plan basically for two reasons. First of :ill, staff felt the plan didn't thoroughly investigate all of the recreational possibilities far that site and secondly staff felt that developing a golf course on a million cubic yards of fill ,1.1:X -2- spread over soils that were unstable to a depth of 40-50 feet presented the City with a long term maintenance headache. As the MCA road system develops, pressure to develop the adjacent land increases. The City and landowners arc forced to make decisions on adjacent land uses without really knowing what will happen within the llajor Center Area Floodplain or where the boundaries of the recreation area might be, and where access points should be preserved. Staff feels that it is important to develop a plan for that area that is acceptable to adjacent land users in 1983. As additional information is provided on soils, especially on the west side of this floodplain, there appears to be opportunities for development of recreational facilities further to the west than previously anticipated. The Community Services Staff feel that it would he necessary to hire a consultant to gather the necessary soils intonation and to work with all the adjacent property owners to develop a plan for this area that would allow for maximum develop- ment of buildable sites, as well as developing the maximum potential for recreation opportunities within the floodplain and retaining the necessary flood storage to meet the standards established by the Water- shed District. 2. Construct the Staring lake playstructure The City has invested hundreds of thousands cif dollars for the acquisition of Staring Lake Park over the last ten years. The development of the southwest portion of the park began two years ago and now has a parking lot, tennis courts, ! horseshoe courts, hal1field and a very fine park shelter. Picnic y tables and gri lws will be installed in the spring of 1983, as well as the archery targets for the archery range. This site will no doubt see a great deal of use daring 1983, The majority of the users will be families aith young children. Staff feels that it is very important to construct the playstructure that has been intended to he one of the main attractions of this site. The playstructure will be unique in that the design of the playstructure will be incorporated in the surrounding landscape. 3. Facilities at the Senior Citi:een Center have been greatly improved and expanded over the last few years. The facilities have been so well received that on special occasions Seniors must now be turned down from participating due to the lack of room at the Senior Center. The Seniors have been discussing the need for an expansion of that facility. Staff would anticipate a request of this sort within the next year; therefore, City officials should also he aware that perhaps some funding should be set aside to meet this need in the near future. In the past year the Fclen Prairie Restoration Committee has begun fund raising efforts for the restoration of the Cummins/Grill 'historic Site. Presentations have been made to all service organizations in the community. A general request fur funds had been sent to all residents of the cumuli ity, and an application was made to the Eden Prairie Foundation fur funding. These efforts have netted the committee $4,654, of this $3,000 was a grant from the Eden Prairie Foundation. The City has replaced the roof and the chimneys on the Grill house; however, it is inadvisable to do any further restoration without a complete restoration study and plan. The consul!t tee would also 1ike to request that major companies -3- within the community consider supporting, through a donation, the restoration of a particular room. It is difficult to do this without having complete restoration plans and cost estimates for various companies to consider. The Restoration Committee feels it is important to have the substandard wiring replaced so that the home is not lost to fire, to have a central heating system installed and to upgrade the plumbing. At their March 4, 1983 meeting, the Historical and Cultural Commission recommended the allocation of Community Development Block Grant funds in the following priority: 1. Up to $19,500 for complete restoration study and restoration plan and specifications. 2. $20,000 to be used for upgrading the electrical system, installing a central heating system and upgrading the plumbing, in that order. • The Historical and Cultural Commission, and Parks, Recreation and Natural Resources Commission understand that the Council will receive many requests for Community Development Block Grants and will not be able to grant all requests. However, the Commission's feel these requests are eligible items and should be considered for funding in 1983. BL:md L✓ . • • • • • • MEMORANDUM TO: Mayor and City Council • • T11RU: Carl Jullie, City Manager I /FROM: Sandra F. Werts, Recreation Supe A p�J'�'//J DATE: March 4, 1983 SUBJECT: Historical and Cultural Commission Request for Community Development Block Grant (CDBG) Funds In the past year, the Eden Prairie Restoration Committee has begun fund raising efforts for the restoration of the J. R. Cummins homestead. Presentations have been made to all service organizations in the community, a general request for funds has been sent to all residents of the community, -and an application was made to the Eden Prairie Foundation for funding. These efforts have netted the committee $4,654, of this $3,000 was a grant from the Eden Prairie Foundation. The Foundation has been an active supporter of the Restoration Committee, and has furthered the committee's fund raising efforts through commissioning a painting by Wildlife Artist Les Kouba. The sales of the print to date have just about covered the cost of having it prepared. All additional revenue will go to the restoration. The committee is planning to go to major companies in Eden Prairie requesting their support through the donation of money to restore a particular room. It is difficult to do this without having a complete restoration study and plans for the house completed. The Restoration Committee feels it is important to have the substandard wiring replaced so that the home is not lost to fire, to have a central heating system installed and to upgrade the plumbing. Both of these items, the restoration plan and electrical, heating and wiring would be difficult to fund from donations as they are not readily identifiable projects. The Historical and Cultural Commission, at their March 4, 1983 meeting, recommended the;allocation of Community Development Block Grant funds in the following priority: 1. Up to $19,800 for a complete restoration study and restoration plan for the J. R. Cummins Homestead. 2. $20,000 to he used toward upgrading the electrical system, installing a central heating system and upgrading the plumbing in that order. The Restoration Committee intends to continue their efforts at raising a major portion of the fees, but feels that the above items arc important to the continuance of the project. SW:md • t. 2561 DATE: 3/7/83 MEMO TO: Chris Enger FROM: Wayne Sanders V0 SUBJECT: C D B G Year IX The following items are submittals for Community Development Block Grant funds. 1. The preparation of a city housing ordinance. 2. Financing of housing inspectors salary as may be permitted. 3. Financing of repairs of non-rental housing when owners show need. 4 36)- CITY OF EDEN PRAIRIE COUNTY DF HENNEPIN RESOLUTIDN NO. 83-51 RESOLUTION AUTHORIZING THE SUBMISSION OF COMMUNITY DEVELOPMENT ACTIVITIES FOR THE CITY OF EDEN PRAIRIE TO HEINEPIN COUNTY FOR CDNSIDERATION AS PART OF THE YEAR IX URBAN HL;i*EPIN COUNTY CO:1tUNITY DEVELOPMENT BLOCK GRANT (COBG) APPLICATION IN ACCORDANCE WITH THE HOUSING AND COMMUNITY DEVELDPMENT ACT OF 1974 AS AMENDED WHEREAS, the City of Eden Prairie has executed a cooperative agreement with Hennepin County agreeing to participate in the Urban Hennepin County Community Development Block Grant Program; and, WHEREAS, Community Development activities are proposed consistent with the Urban Hennepin County Statement of Objectives and Community Development Program Regulations; and, WHEREAS, the development of these activities includes citizen involvement; NOW, THEREFDRE, BE IT RESOLVED, that the City Council of Eden Prairie submits the proposed Conrnunity Development activities for consideration as a part of :he Year IX Urban Hennepin County Community Development Grant application. ADOPTED by the City Council of the City of Eden Prairie, Minnesota, on this day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: John IL Frane, City Clerk • jj . 1 To: Mayor and Council From: John Frane Date: March 10, 1983 • Re: M.I.D.B's for McGlynn Bakeries-$900,O00-Resolution 83-60 McGlynn Bakeries proposed to add about 1800 square feet to their Eden Prairie facility at a cost of approximately S125,O0O. They also propose to finance production equipment for their facility in the amount of $700,000. They estimate that 12 additional jobs will be available at this site. The financing will be over 10 years with level payment amortization. The bonds will be sold to financial institutions and secured by a bank letter of credit. 4 • CITY OF EDEN PRAIRIE, M1NNErfA Application for Industrial Development Bond Project Financing • L. APPLICANT: • a. Business Name - McGlynn Bakeries, Inc. • b. Business Address -7752 Mitchell Road Eden Prairie, •Minnesota 55343 C. BuninesS Form (corporation, partnership, sole proprietor- ship, etc. ) - corporation • • d. State of Incorporation or organization - Minnesota e. Authorized Representative - • Burton J. McGlynn - Chairman Michael McGlynn - President f. Phone - 937-9404 • 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: • • • a. Burton J. McGlynn 6820 Cheyenne Circle Edina, Minnesota 55435 b, Patricia McGlynn 820 Cheyenne Circle • Edina,• Minnesota 55435 c. Michael McGlynn ' 6400 Barrie Road Edina, Minnesota 55435 -1- • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: McGlynn Bakeries, Inc. is engaged in the production of baking foods primarily for sale at retail. The products are sold through approximately 65 locations in' six states and are produced in a number of baking facilities. 4. DESCRIPTION OF PROJECT Construction of additions to the Company's facility . and acquisition and installation, of freezing and production equipment. • a. Location and intended use: 7752 Mitchell Road Eden Prairie The new facilities will enhance production. b. Present ownership of project site: • Owned by Burton J. McGlynn, leased to McGlynn Bakeries, Inc. • c. Names and address of architect, engineer, and general contractor: C. F. Hagglin and Son, Inc. 4005 West 65th Street Edina, Minnesota 55435 5. ESTIMATED PROJECT COST FOR: Land $ -0- Construction Contracts 125,000' Equipment Acquisition and installation* 700,000 Architectural and Engineering _ -0- Legal 12,000 Interest during Construction -0- Bond Reserve -0- Contingencies Loan Fees 13,00U Other 40,000 • • Total - $ 900.000 • *Heating and air conditioning should be included as building costs. Indicate the kind of equipment to be acquired here. Freezer Refrigeration equipment dough extruder and sheeter production table 6. BOND ISSUE - • a. Amount of proposed bond issue - $900,000 b. Proposed date of sale of bond - April 1, 1983 c. Length of bond issue and proposed maturities - 10 years, serial maturities d. Proposed original purchaser of bonds - Cronin & Marcotte, Inc. 1400 Lutheran Brotherhoc. Mp1s., MN 55415 • e. Name and address of suggested trustee - • To be determined I. Copy of any agreement between Applicant and original purchaser - None g. Describe any interim financing sought or available - The Company sought conventional financing, but that was not available at a fixed rate over the proposed • • tterm. h. Describe nature and amount of any permanent financing in addition to bond financing - None • 7. BUSINESS PROFILE - a. Are you located in the City of Eden Prairie? Yes • Nuii _ ^f employees in ::dr^ Prairie? i. Before this project: 120 • • -3- 2If r 1 • ii. After this project? 132 (` c. Approximate annual sales - $17.3 million • • d. Length of time in business Since 1962 • in Eden Prairie 8 years • e. Do you have plants in other locations? If so, where? 13 bakeries at various locations in Minnesota, . Texas, Oklahoma, Missouri and Wisconsin. _ f. Are you engaged in international trade? No . • 8. OTHER INDUSTRIAL DEVELOPMENT PFiOJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the • • owner or a "substantial user" of the facilities or a "releated person within the meaning of Section 103(b)(6) of the Internal Revenue Code. • $1,300,000 City of Eden Prairie Industrial Development Revenue Bonds (McG]ynn Rakeries, Inc. Project) Series . 1980 the proceeds of which were used to finance the warehouse, manufacturing and office facility at 7752 Mitchell Road. • • • s` . i A_ • • Ala b. List all cities in which the Applicant has requested industrial revenue development financing. None c. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. None cit in which the Applicant has been refused d. List any Y • industrial development revenue financing. • None e. List any city (and the project name) where the Applicant has ..cquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None • -5- • • I. If Applicant has been denied industrial development revenue financing in any other cityidentified in (d) or (e), specify the reason(s) forof cthes the denial who and the name(s) of appropriate city have knowledge of the transaction. • Not Applicable • • • • 9. NAMES AND ADDRESS OF: • • a. Underwriter (If public offering), Cronin & Marcotte, Inc. 1400 Lutherna Brotherhood Bldg. ' 625 Fourth Avenue South • Minneapolis, MN b. Private Placement Purchaser (If private placement) • • • i, If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed . • lender that it has an interest in the • offering subject to appropriate City • • approval and approval of the Commissioner of Securities. • • { -6- ' b. Bond Counsel - Faegre & Benson (\ 3400 IDS Center Minneapolis, MN 55402 (Stephen Rosholt) • C. Corporate Counsel - • Lvidon & Weisberg, P.A. • Parkdale 4, Suite 110 5353 Gamble Dr. d. Accountant - St. Louis Park, MN 55416 (Burton G. Weisberg) • Arthur Andersen & Co. Midwest Plaza Building Minneapolis, MN 55402 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - March 1, 1983 • b. Construction completion - July 1, 1983 • • • FOR FURTHER INFORMATION CONTACT: Burton J. Mc-Glynn or Michael McGlynn, McGlynn Bakeries, Inc. , 7752 Mitchel Road (937-9404) The.undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial . Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. McGLYNN BAKERIES, INC. Applicant • • By c Q-S\Lk-r..r\E" ( 2 /1%1J Date • -7- C J n o • • RESOLUTION GIVING PRELIMINAPY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY MCGLYNN BAIFPIES, INC. UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIODNER OF ENERGY, PLANNING AND DEVELOPMENT FOP APPROVAL THEREOF BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. There has been presented to this Council a pro- posal by McGlynn Bakeries, Inc. , a Minnesota corporation (the "Company") that the City undertake and finance a project pursuant to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act") generally consisting of the construction of additions to the Company's existing facility and acquisition and installati.pn of freezing and bakery products production equipment (the "Project") . Under the proposal, the Project facilities will he owned by the Company, and the Company will enter into a revenue agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay when due the principal of and the interest on up to approximately S900,000 Industrial Development. Revenue Bonds of the City to be issued pursuant to the Act, to provide monies for the acquisition, construction and installation of the Proj- ect; and the City will pledge it: interest in the revenue agree- ment to secure the bonds. 2. As required by the Act, this Council conducted a public hearing on March ]$, 1983 on the proposal to undertake and finance the Project after publication in the official newspaper and n newspaper of general circulation in the City of a notice setting forth the time and place of hearing; stating the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project; stating that a draft copy of the proposed Application to the Commissioner of Energy, Planninq and Development, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Clerk, in the City Hall, at all times between the hours of 8:00 A.M. to 4:30 P.M. each day except. Saturdays, Sundays and holidays to and including the day of hearing: and stating that all parties who appear at the public hearing shall have an opportunity to express their views with respect. to the proposal. The draft application to the Commis- sinner of Energy, Planning and Development, together with all attachments and exhibits thereto, was on file and available for public inspection at the place and times set forth in the notice. -3- �')`) • 3. It is hereby found, determined and declared 'that • the Project furthers the purposes stated in Section 474.01 of the Act in that the purpose of the Project is and the effect • • thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and • commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the available resources of the community, in order to retain the benefit of its existing investment in educational and public service facilities; by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and the more intensive development of land avail- able in the area to provide a more adequate tax base to finance the cost of governmental services in the municipality, county and school district where the Project is located. • 4. The Company has entered into preliminary discus- sions with Cronin & Marcette, Inc. , as underwriter, and the underwriter has reported that the Project and the sale of bonds therefor: are feasible. 5. The Company has agreed to pay directly or through the City any and all costs incurred by the City in connection • with the Project whether or not the Project is approved by the Commissioner of Energy, Planning and Development; whether or not • the project is carried to completion; and whether or not. the bonds or operative instruments are executed. 6. The Project is hereby given preliminary approval by • • the City subject to approval of the Project by the Commissioner • of Energy, Planning and Development and subject to final approval by this Council and by the purchasers of any bonds to be issued as to the ultimate details of the Project and as to the terms of • the bonds. 7. In accordance with Section 474.01, Subd. 7 of the Act, the Mayor, the City Clerk, and such other officers and • representatives of the City as may from time to time be designat • - • ed are hereby authorized and directed to submit the proposal for • the Project to the Commissioner of Energy, Planning and Develop- ment and request hip approval thereof, and the Mayor, the City • Clerk, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such prelim- inary information as he may require. The Company, Feegre & Benson as bond counsel, the City Clerk, the City Attorney, and other City officials are also authorized to initiate the prepara- tion of a proposed loan agreement and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this -4- ?,1 c3 • Council gives its final approval thereto, the Project may be carried forward expeditiously. 8. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the bonds as requested by the Company. The City retains the right in its sole discretion to withdraw from participation and accord- ingly not issue the bonds should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 9. All commitments of the City expressed herein are subject to the condition that within twelve months of the date of adoption of this resolution the City and the applicant shall have agreed to mutually acceptable terms and conditions of the revenue agreement, the bonds and of the other instruments and proceedings relating to the bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the bonds are not sold within such time, this resolution shall expire and be of no further effect. ADOPTED by the City Council of the City of Eden Prairie on day of , 1983. Wolfgang H. Penzel, Mayor SEAL ATTEST: John D. Frane, Clerk -5- To: Mayor and Council From: John Frane Date: March 11, 1983 Re: Tax Increment Financing District #4 Enclosed is a resolution to adopt T.I.F. #4. Mr. Pauly will review with the Council the procedure and documents to be adopted. ( r. O ' j ... .. N `�11•� I. 1 1 K 1 ` . G I ' ,....,,,„ , (.1_133.1-1./_ t i j_ n Ii '°"�' //!.,„E - �` o L ,� •I t;; �� Ill I + `h 1' C . ,� a it ^1/ "� \\\\\,\\ ,/ k,.„i ',`. '>t-,,2. • V / v- ar p/ (4 )A., .7 - ."7; ‘\:- t.) ,..,'' 4. IT I ' i) 1 , ' ri , ,....., cr...... ,/ - ...4 I 1 ) 1 * . . l .t,)jf_f (,........' Ia. I ems,' i '. .•s.,X....\A.\_---.-7-\,--' J T`: ��..� � 1 i /1. \17 a "t / 1.1 1 ", ,, ' , ('' 2 \ ---;,.., .—_ --,-.-----. ,.-:.;.7-, y / , ,i --._..-- , c - . ., --) —' . . -1 , t 1' • CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 83-61 RESOLUTION PROVIDING FOR ESTABLISHMENT OF PROPOSED TAX INCREMENT DISTRICT NO. 4 AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO • BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City") , as follows: Section 1. Recitals. • ]..01. It has been proposed that the City establish an additional tax increment district within Development District No. 1 and adopt a tax increment financing plan relating thereto, all pursuant to Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 1.02. This Council has caused to be prepared, and has invertigatc;l the facts with respect thereto, a proposed Tax Increment Financing Plan for a proposed Tax Increment District No. 4. 1.03• The City has performed all actions required by law to be performed prior to the establishment of Tax Increment District No. 4 and the adoption of the Tax Increment Financing • Plan for Tax Increment District No. 4, including, but not limited to, consultations or the opportunity for consultations with Hennepin County and the School Districts having taxing jurisdiction over the property proposed to be included in Tax Increment District No. 4, and the holding of a public hearing upon published and mailed notice as required by law. 1.04. The Council hereby determines that it is necessary and in the best interests of the City at this time to establish Tax Increment District No. 4 and to adopt the Tax Increment Financing Plan relating thereto. Section 2. Findings Concerning Establishment of Tax Increment District No. 4. • Page -2- 2.01. The Council hereby finds, determines and declares that Tax Increment District No. 4 constitutes a "tax increment financing district" as defined in Minnesota Statutes, Section 273.73, Subd. 9, and further constitutes an "economic development district," as defined in Minnesota Statutes, Section 273.73, Subd. 12. 2.02. The Council further finds, declares and determines that Tax Increment District No. 4 does not meet the requirements found in the definition of redevelopment district or housing district, as defined in Minnesota Statutes, Section 273.73, Subd. 10 and 11., respectively, but is in the public interest, thereby qualifying it as an economic development district. 2.03. The Council further finds, determines and declares that the development presently occurring for which tax increments from Tax Increment District No. 4 will be used, in the opinion of the Council would not have occurred solely through private invest- ment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary; that the Tax Increment Financing Plan for Tax Increment District No. 4 conforms to the general plan for the development of the City as a whole; and will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Develop— ment District by private enterprise. 2.04. The Council further finds, determines and declares that the City made the above findings eetated in Section 2 and has set forth the reasons and supporting facts for each determina- tion in writing, attached hereto as Exhibit "A". 2.05. Under and pursuant to Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended, Tax Increment District No. 4 is hereby established in and for the City. The property included in Tax Increment District No. 4 shall be the property described in the Tax Increment Financing Plan for Tax Increment District No. 4, adopted in Section 3 hereof. Section 3. Adoption of Tax Increment Financing Plan for Tax Increment District No. 4. 3.01. The Tax Increment Financing Plan for Tax Increment District No. 4 is hereby approved and adopted in the form attached as Exhibit "B" hereto, and shall be placed on file in the Office of the Finance Director-Clerk. Section 4. Implementation of Tax Increment Financing Plan for Tax Increment District No. 4. . Page -3- 4.01. The officers of the City, the City's financial advisor and the City's legal counsel and bond counsel are authorized and directed to proceed with the implementation of Tax Increment Financing Plan for Tax Increment District No. 4 and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Section 5. Certificate of Assessed Value. 5.01. The County Auditor of Hennepin County (the "Auditor") is hereby requested to certify the original assessed value of all real property as described in the Tax Increment Financing Plan for Tax Increment District No. 4, as of January 2, 1982, and each year hereafter to certify the amount by which the assessed value has increased or decreased from the assessed value of January 2, 1982. Each year the Auditor shall also add to the original assessed value of Tax Increment District No. 4 an amount equal to the original assessed value for the preceding year multiplied by the average percentage increase in the assessed valuation of all property included in Tax Increment District No. 4 during the five years prior to certification of Tax Increment District No. 4, and also to certify total assessed value for the real property in Tax Increment District No. 4 for that year and to remit to the City of Eden Prairie each year, commencing in 1985 and ending in 1992, that proportion of all taxes paid that year on real property in Tax Increment District No. 4 which the captured assessed value bears to the total current assessed value, all pursuant to Minnesota Statutes, Section 273.76, Subd. 1, as amended. DATED: March 15, 1983 Mayor ATTEST: • — Finance Director-Clerk • EXHIBIT A TO RESOLUTION 83-61 Reasons and Facts Supporting Findings for Establishment of Proposed Tax Increment District No. 4 and the Adoption of a Tax Increment Financing Plan Relating Thereto As Set Forth in Section 2 of Resolution 83-61 BACKGROUND AND SUMMARY OF EVIDENCE The City Council adopted Development District No. 1 and Tax Increment Financing Plan for an Economic Development District on September 22, 1981. Thereafter, on March 30, 1982, the City Council adopted Amended Development District No. 1 Program and Tax Increment Financing Plans for the City of Eden Prairie, Minnesota. The latter included Tax Increment District No. 1 and Tax Increment District No. 2. On November. 16, 1982 the City Council adopted Tax Increment Financing Plan For Tax Increment District No. 3. Adoption of the Development District No. 1 and Tax Increment Financing Plan for an Economic Development District on September 22, 1981, was preceded by a hearing thereon held on •September 15, 1981. At the hearing extensive evidence in the form of documents, memoranda, reports and oral testimony was introduced, all of which is set forth in minutes of the meeting of the City Council held on September 15, 1981. The evidence introduced and as described in the minutes of September 15, 1981, is made a part of the record in these proceedings. Also made a part of the record in these proceedings are the notice of the public hearing; minutes of meetings of the City Council held on September 22, 1981, 1/03 Page -2- March 30, 1982, and November 16, 1982; letter from Eden Prairie Chamber of Commerce dated September 18, 1981, minutes of a meeting of the City's Planning Commission on March 29, 1982; two memoranda by Eugene A. Dietz, Director of Public Works, dated March 15, 1983, addressed to the Mayor and City Council; a letter dated February 10, 1983, addressed to Mr. John Lobben, Chairman of the Board, Eden Prairie School District No. 272; a letter dated February 10, 1983, addressed to Mr. Norm Friederichs, Chairman of the Board, Joint Independent School District No. 287; a letter dated February 10, 1983, addressed to Mr. John Derus, Chairman of the Hennepin County Board of Commissioners; and a memorandum by Carl 3. Jullie, City Manager, dated March 15, 1983. Summary of portions of the evidence contained in the record re3.evant to the findings contained in Section 2 follows. The project for Tax Increment Financing Plan for Tax Increment District No. 4 is described as the "Development Program" in the Amended Development District No. 1 Program and Tax Increment Financing Plans for the City of Eden Prairie, Minnesota, dated March 30, 1982. The geographic area of. the Project is described in the Development Program. Tax Increment District No. 4 consists of Lot 1, Block 1, Minnesota Tree. Eugene A. Dietz, Director of Public Works for the City has provided a memorandum demonstrating that Lot 1, Block 1, Minnesota Tree is situated within the geo- graphical area of the Project. The Development Program describes the use of tax increments as including payment of principal and interest on the bonds issued to finance a project. In his memorandum dated July 7, 1981, Chris Enger, Director of Planning of the City, stated that the concept of a Ring Road 1/l�I Page -3- in the major center area was adopted in the City's first Compre- hensive Guide Plan in 1968 which was further refined in 1973 as part of the major center area planned unit development. Mr. Enger noted that regional office and commercial development has been stifled by the lack of good regional access. He also stated that if congestion can be reduced and access improved in the major center area, rapid growth will result in the traditionally esta- blished pattern of development following roads. If access cannot be improved, growth will stagnate as more accessible commercial areas retain a competitive advantage over the City. In a letter dated September 18, 1981, Eden Prairie Chamber of Commerce stated that it views the project is necessary to the growth and develop- ment of the City in general and of the major center area in parti- cular. In a letter dated September 14, 1981, Ron Wesley, Center Manager for Homart Development Co. , stated that since the opening of highway improvements in November, 1979, consisting of Highway 169/212 south exit ramp from I-494 westward, traffic movements have steadily increased. Also during this period of time the Eden Prairie Center's occupancy levels, that is the number of merchants, have also increased. At the public hearing conducted by the City Council on September 15, 1981, on the matter of Development District No. 1 and Economic Development District and Tax Increment Financing Plan, Robert Boblett, a real estate expert, testified that he does not believe Eden Prairie is experiencing the degree of development which should be expected and that can be ascribed to troublesome egress and ingress. lie believes the Project ought to be of relief to the bottlenecking of access to the major center 'lark Page -4- area and that it will open up the area to development. He believes it will result in substantial construction velocity, all of which will amount to appreciate of the value of the land which will increase taxes. He stated that the Project will result in the preservation and enhancement of the tax base in Eden Prairie; that in connection with jobs the Plan would be to the City's benefit; and that the Plan would discourage commerce, industry or manufactur- ing from moving their operations to another state. He stated the plan is an economic good for the City. Eugene A. Dietz, Director of Public Works, in a memorandum dated March 15, 1983, stated that the parcel constituting Lot 1, Block 1, Minnesota Tree is partly occupied by a partially co;np].eted building now under construction. The partially constructed building is not structurally substandard am1 does not require renovation or clearance. The parcel is not in a condition having unusual terrain or soil deficiencies requiring substantial filling, grading or other physical preparation for use and at ]east 80 percent of the parcel does not have a fair market value which when added to the estimated cost of preparing the parcel for development, excluding costs relating to roads and local improvements, exceeds its anticipated fair market value after completion of the preparation. He also states the parcel does not consist of air rights over a public street or highway or of rail yards, rail storage facilities or railroad right-of-ways. Carl Jullie, City Manager, in a memorandum dated March 15, 1983, stated that while improvements in the Project have been contemplated at least since the early 1970s and efforts have been made to conduct qJ Page -5- the improvements through the local improvement special assessment to benefitted lands procedure or through other private investment alternatives, accomplishing this objective has met with only limited success with respect to a small part of the project. The building of roads, bridges, underpasses and other major highway improvements has not historically been within the capability of private invest- ment and there is no indication in the light of present economic conditions that private investment could in the reasonably foresee- able future cause the improvements in the Project to be made. At its meeting on August 24, 1981, the Planning Commission found that the Tax Increment Financing Plan conforms to the general plan for the development of the municipality as a whole and at its meeting on March 29, 1982, the Planning Commission in reviewing the proposed Amended Development District No. 1. Program and Tax Increment Financing Plans dated March 30, 1982, found that the • Plan conforms to the general plan for the development of the muni- cipality as a whole. A memorandum by City Assessor, Bob Martz, dated July 7, 1981, reflects the valuation for general ad valorem taxes of real property within the major center area has been reduced in the following amounts for the following owners during the following periods: Sears Roebuck & Co. 1977-1980 $4,471,000.00 Homart Shopping Center. 1978-1980 $7,979,400.00 Powers Department Store 1977 and 197E $4,720,000.00 Page -G- A report from Jack Hacking dated September 8, 1981, to Carl Jullie setting forth accident information in the major center area indicates that during the period 1975-1981 a total of 680 accidents occurred in the area resulting in 279 injuries and 7 fatalities. Based upon the evidence and the record the Council sets forth its further specific reasons and facts supporting its findings as follows: I. The Tax Increment Financing District No. 9 (the "District") contr.ined in the Tax increment Financing Plan for Tax Increment District No. 9 (the "Plan") consists of Lot 1, Block 1, Minnesota Tree (the "Parcel") , as set forth in paragraph C of the Plan. II. The project described in the Plan is that set forth in the Development Program (Amended Development District No. 1 Program dated March 30, 1982) referred to in the Plan. The project consists of public improvements including roads, grading, curb and gutter, storm drainage, utilities, sidewalks, bituminoum surfacing, traffic signals, underpass and ramps, all as more fully described in the Development Program (the "Project"). The geographic area of the Project is described in the Development Program at pages 2-11C through 2-]1F, the boundaries of which are further delineated on a map at page 2-11G. The Parcel is wholly contained within the geographic area of the Project. lJp� Page -7- { III. Tax increments from the District will be used among other purposes to pay the principal and interest on the bonds issued or to be issued to finance the Project. VI. Construction of the Project will reduce traffic congestion and provide better access to lands within the Project geographic area which will result in the development of such lands, the construction of buildings thereon, the increase of business and commerce and the increase in jobs as a result thereof, all of which will contribute to economic growth and development in the City. V. The District is, therefore, a tax increment financing district as defined by Minnesota Statutes, Section 273.73, Subd. 9. VI. The Project, being one for the improvement of roads within its geographic area, is not intended for occupancy by persons or families of low and moderate income as defined in those acts and laws referred to in Minnesota Statutes Section 273.73, Subd. 11, and is not a housing district as defined therein. VII. The Parcel is partly occupied by a partially erected building or improvement now under construction. The partially constructed . building is not structurally substandard and does not require renovation or clearance. 06 Page -8- VIII. The Parcel is not in a condition having unusual terrain or soil deficiencies requiring substantial filling, grading or other physical preparation for use. At least 80 percent of the Parcel does not have a fair market value which, when added to the estimated cost of preparing the Parcel for development excluding costs related to roads and local improvements, if any, exceeds its anticipated fair market value after completion of such preparation. IX. The Parcel does not consist of air rights over a public street, highway or right-of-way. X. The Parcel does not consist of used rail yards, rail storage facilities or excessive or vacated railroad right-of-ways. XI. The District is not a redevelopment district as defined in Minnesota Statutes Section 273.73, Subd. 10. XII. The Project which will be financed in part from the tax increments from the District will (a) discourage commerce, industry or manufacturing from moving their operations to another state; (b) result in increased employment in the City; and (c) result in preservation and enhancement of the tax base of the City and is therefore in the public interest. /1 i / Page -9- . XIII. The District is an economic development district within the meaning of Minnesota Statutes Section 273.73, Subd. 12. XIV. The improvements in the Project have been contemplated since the early 1970s. While efforts were made to construct the improve- ments through the local improvements special assessment to benefitted lands procedure or through other private investment alternatives, doing so has met with only limited success as to a small part of the Project. Furthermore, the building of roads, bridges, under- passes and other major highway improvements has not historically been within the capability of private investment. There is no indication in the light of present economic conditions that private investment could in the reasonably foreseeable future cause the improvements in the Project to be made. For these reasons the use of tax increment financing for construction of the Project is deemed necessary. XV. The Project and the improvements within its geographic area have been reviewed by the City's Planning Commission prior to the adoption of the Development Program and were found to conform to the City's general plan for its development as a whole. XVI. The construction of the Project will reduce congestion and enhance access to private lands within the Project's geographic area and will thereby encourage and afford development of the lands within the Project's geographic area by private enterprise. y{Yg Ca; i (' (i ' floe Az) l SECTION VI. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 4 The City Council of the City of Eden Prairie, Minnesota has heretofore established Development District No. 1 pursuant to the provisions of Minnesota Statutes, Chapter 412A, as amended, and did adopt, on March 30, 1982, an Amended Development District No. 1 Program (hereinafter referred to as the "Development Program"), a copy of which is attached hereto as Exhibit A and incorporated herein by reference. A. Statement of Objectives. See Section I, Subsection 6 of the Development Program. B. Development Program. • See Section I of the Development Program C. Parcels to be Included in Tax Increment District No. 4. The following parcel located in the City of Eden Prairie, County of Hennepin, State of Minnesota: PIN Property Description 10-116-22-44-0003 Lot 1 Block 1 Minnesota Tree D. Parcels in Acquisition. It is anticipated that the City will acquire parcels located within Development District No. 1, but not contained within Tax Increment Distr ct No. 4. These parcels will be acquired through tax increment financing, in part from tax increments accruing form Tax Increment District No. 4. As the City acquires said parcels, the Tax Increment Financing Plan for Tax Increment District No. 4 will be modified to reflect the acquisitions of said parcels. The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1) The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the tax increment financing plan; and (2) Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. E. Development Activity in Development District No. 1 for which contracts have been signed. • The following contracts have been entered into by the City of Eden Prairie and the persons named below: (1) Buesing Bros. Trucking, Inc. : S968,835.22; starting August 1982, estimated cu ;pletion February, 1933. Partial work on the Prairie Center Drive/I-494 underpass and connection from W. 18th Street to Valley View Rd. Grading, curb and gutter, storm drainage, sidewalks, bituminous surfacing, • bridge, ramps and traffic signals, 0.64 miles. (I.C. 51-308A) (2) Shafer Contracting Co.: $3,782,476.18; starting November, 1982, estimated completion October, 1934. Partial work on the Prairie Center Drive/I-494 underpass and connection from W. 78th Street to Valley View Rd. Grading, curb and gutter, storm drainage, sidewalks, bituminous surfacing, bridge, ramps and traffic signals, 0.64 miles. (I.C. 51-308A) • (3) Minnesota Department of Transportation: $165,757.18; starting December, 1982, estimated completion July, 1984. TH 169 from W. 78th Street to Valley View Rd. Bridge widening and widening TH 169 to four lanes. 0.06 miles. (I.C. 51-308B) (4) Richard Knutson, Inc.: $1,998,116.88; starting August, 1982, estimated completion October, 1983. Valley View Rd.-Mitchell Road to Menards & Prairie Center Drive to TH 5. Grading, curb and gutter, storm drainage. Sidewalks and bituminous surfacing. 1.37 miles. (I.C. 51-340A) (5) Hennepin County: $143,239.99; starting July, 1982, estimated completion July, 1983. Baker/Mitchell Rd. connection. Grading, curb and gutter, storm drainace, sidewalks and bituminous surfacing along new alignment of Mitchell Rd. from Valley View Rd. to Baker Rd. 0.85 miles. (I.C. 51-3.408) (6) Northdale Construction Co. Inc.: $2,413,090.60; starting August, 1982, estimated completion October, 1984. Prairie Center Drive TH 169 to TH 5. Grading, curb and gutter, storm drainage, sidewalks and bitiminous surfacing. 0.85 miles. (I.C. 51-398) (7) Hennepin County: $449,781.40; starting April 1983, estimated completion June 1983. Valley View Road from Washington Ave. to 0.5 miles west. Grading and widening existing road and traffic signal at Washington Ave. (I.C. 51-335) F. Other Specific Develioment Expected to Occur within Development District No. 1. The City has given approval for the construction of two banks, a 152-unit hotel, a condominium office project, an office building and two town office projects. It is anticipated that additional private development of commercial, industrial and residential projects will occur. Of the above development anticipated in Development District No. 1, only one of the two banks as described in Subsection C above is in Tax Increment District No. 4. G. Budget for Tax Increment District No. 4. See Section II, Subsection P, page 2-9 of the Development Program. H. Bonded Indebtedness to be Incurred. It is anticipated that $22,875,000 of bond indebtedness will be incurred with respect of Development District No. 1 of which $18,000,000 in general obligation tax increment bonds were issued in 1982. I. Sources of Revenue. It is anticipated that the major source fo revenue will be provided through the issuance of general obligation tax increment bonds with a total of $22,8/5,000 anticipated to amortize costs in Development District No. 1. Bond sales will be stayed in this project and based on availability of tax increment. A first stage issue was sold on March 2, 1982, in the amount of $18,000,000. Ulrt J. Estimate of Tax Increment from Tax Increment District No. 4. The most recent assessed value of Tax Increment District No. 4 is • estimated to be $5,400. The estimated captured assessed value of Tax Increment District No. 4 at completion is estimated to be $390,200. K. Duration of the District. The duration of Tax Increment District No. 4 is expected to be ten years. L. Estimated Impact on Taxing Jurisdictions. The estimated impact of Tax Increment District No. 4 on the taxing jurisdictions within which Tax Increment District No. 4 is located is as follows: DEVELOPMLNT DISTRICT IMPACT ON TAX BASE Original District District Assessed % of Future % of Entity Tax Base Value Entity Assessed Entity Hennepin County $7,114,542,800 $5400 .0001% $395,600 .0056% I.S.D. #272 204,176,469 5400 .0026 395,600 .1938 City of Eden Prairie 2I1,846,135 5400 .0025 395,600 .1867 1.5.0. #287 4,452,86G,219 5400 .0001 395,600 .0089 DEVELOPMENT DISTRICT IMPACT ON MILL RATES Current Potential Mill Rate Mill Rate Taxes Increase (2) Hennepin County 28.451 (27) $11,102 .002 I.S.D. #272 49.981 (48) 19,503 .096 City of Eden Prairie 20.018 (19) 7,811 .037 I.S.D. #2875.569 ( 5) 2,173 .00000 0 Other (1)) 437 104.537 $41,026 (1) Other taxing entities include the Metropolitan Mosquito Control District, Watershed District, Metropolistan Council, Metropolitan Transit Commission, Park Museum, County Park Suburban, liennepin Regional Railroad. (2) Assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Ulf MEMORANDUM TO: Mayor. and City Council ThROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: March 15, 1983 RE: Tax Increment District No. 4. Lot 1, Block 1, Minnesota Tree (the "Parcel"), which is the sole parcel constituting and incorporated within Tax Increment Financing Plan for Tax Increment District No. 4 ("Tax Increment District No. 4") is by definition a contiguous geographic. area. The Parcel is situated within the project described in Tax Increment District No. 4 which is by reference the Development Program described in Amended Development District No. 1 Program, a copy of which is attached as Exhibit "A" to Tax Increment District No. 4. Attached hereto as Exhibit "3." is a copy of the boundary map of Amended Development District No. 1 Program on which is shown the location • within the boundaries thereof of the parcel. /43-- Eugene A. Dietz Directors of Public Works tiro • MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: March 15, 1983 RE: Tax Increment District No. 4. I, or persons on my staff, have inspected Lot 1, Block 1, Minnesota Tree, constituting all of the property and the only parcel included in Tax Increment District No. 4, hereinafter "the parcel." The inspections disclose the following: 1. The parcel is partly occupied by a newly partially constructed building or improvement now under construction. The partially constructed building is not structurally substandard and does not require renovation or clearance. 2. The parcel is not in a condition having unusual terrain or soil deficiencies requiring substantial filling, grading or other physical preparation for use. At least 80 percent of the parcel does not have a fair market value which, when added to the estimated cost of preparing the parcel for development excluding costs related to roads and local improvements, if any, exceeds its anticipated fair market value after completion of such preparation. 3. The parcel does not consist of air rights over a public street, highway or right-of-way. Page -2- 4. The parcel does not consist of used rail yards, rail storage facilities or excessive or vacated railroad right-of-ways. ;4 1y ugene A. ietz Director of Public Works gig MEMORANDUM TO: Mayor and City Council FROM: Carl Jullie, City Manager DATE: March 15, 1983 RE: Tax Increment District No. 4. Improvements were in the Project area have been contemplated at least since the early 1970s and efforts have been made to construct the improvements through local improvement special assess- ments to benefitted lands procedure or through other private invest- ment alternatives. Accomplishing this objective has met with only limited success with respect to a small part of the project. The building of roads, bridges, underpasses and other major highway improvements has not historically been within the capability of private investment and there is no indication in the light of li present economic conditions that private investment could, in the reasonably for seeable future, cause the improvements in the Project jl it to be made. Carl J1. )Stlie City Tager 1' 1 { qii CIIY Alf(ICES/8450 EDEN PRAIRIE ROAD/EOEN PRAIRIE,MN 55344•2C49/TELEPHONE J612J 937 2262 tr r•-.— ,, _J February 10, 1983 The Honorable John Derus, Chairman Hennepin County Board of Commissioners A-2300 Government Center Minneapolis, Minnesota 55487 Dear Chm Derus and Board Members Enclosed please find one copy of the proposed Tax Increment Financing Plan for Tax Increment District No. 4 to be considered for approval by the City Council of the City of Eden Prairie at a hearing of the City Council on Tuesday March 15,1983. Please note that the estimated project costs have not changed from those stated in the original Development Program adopted on September 22, 1981. The increments accruing to Tax Increment District No. 4 may be used for debt service on bonds already issued or to be issued, or for project costs. You are invited to attend the public hearing on March 15; the Council meets starting at 7:30. Any questions or comments may be directed to my office or to John Inane, Finance Director, at 937-2262 Thank you for your consideration in reviewing this proposal. Sincerely Carl J. Jullie . City Manager cc: Jerry Pahl , frA � --� CITY OFFICES/B950 EOEN PRAIRIE ROAD/EDEN PPAIRIE,MN 55344 2499/TELEPHONE 1612)937.2262 • r— February 10, 1983 Mr. John Lobben, Chm of the Board I.S.D.272 8100 School Road Eden Prairie, Minnesota 55344 Dear Chairman Lobben and Board Members • • Enclosed please find one copy of the proposed Tax Increment Financing Plan for Tax Increment District No. 4 to be considered for approval by the City Council of the City of Eden Prairie at a hearing of the City Council on Tuesday March 15,1983. Please note that the estimated project costs have not changed from those stated in the original Development Program adopted on September 22, 1981. The increments accruing to Tax Increment District No. 4 may be used for debt service on bonds already issued or to be issued, or for project costs. You are invited to attend the public hearing on March 15; the Council meets starting at 7:30. Any questions or convents may be directed to my office or to John Franc, Finance Director, at 937-2262 Thank you for your consideration in reviewing this proposal. Sincerely Carl J. Jullie City Manager • • s I J�I COY DFFICES/895D[OENPRAIRIEROAD/EDENPRAtRIE,MN55344 2499/1EL[PHONE 621937.2262 r i•-- • February 10, 1983 Mr. Norm Friederichs, Chairman of the Board Joint Independent School District #287 Suburban Hennepin Technical Center 1820 Xenium Lane Minneapolis, Minnesota 55441 Dear Chin Friederichs and Board Members Enclosed please find one copy of the proposed Tax Increment Financing Plan for Tax Increment District No. 4 to be considered for approval by the City Council of the City of Eden Prairie at a hearing of the City Council on Tuesday March 15,1983. Please note that the estimated project costs have not changed from those stated in the original Development Program adopted on September 22, 1981. The increments accruing to Tax Increment District No. 4 may be used for debt service on bonds already issued or to be issued, or for project costs. You are invited to attend the public hearing on March 15; the Council meets starting at 7:30. Any questions or continents may be directed to my office or to John Frane, Finance Director, at 937-2262 Thank you for your consideration in reviewing this proposal. Sincerely Carl J. Jul ie City Manager • LI r • • Page 18—Eden Prairie News —eThursday, February 24, 1983 k • 1 • • Le� ls •• • (orrk,J f46➢ntlon 7911) • ( • r NanCE OF rU(tlIC NE A HMO I • CFIY OF FOES rRAll!E WUT?Y OF Mr:NNE:PIN • STATE OF NM:NEI:DTA NOTICE IS NFF.F➢Y OIYf:N that the City Cvut- • I ' r ell(the County of Nrneegio,Sete offh!innesota.wility of gd(VI l fold a public hearing on Mardi II,PM,at 2 ff pm at the City Council Ctaints.rs,at t5Ah Eden Fr4ine Rod, en Prairie,Illnnewa,relating to IN jca- Ed by oO Council of rIk vr'fa, lrm,r,.lo for ' Development Dietrit No.1(!tale "Ia-,rh•,,n,rnt TJid I rirl'•)pun wall to Minnesota Slat Om,Chapter 472A.as anhrnded,and hbmrsota Statutes,Sec- . lions 273.71 to 7;3.76,Includsire,as anmr.ded.The hearing is relative to the eda htis.Teal of Tax In aemrnl District No.4 and a proposed TA!Incit- • n to:Tex Triortrnent District e No.• n4,t Financing of rhisch mill be on file and available ' for public inspection to the Finance DirooL,.C1erica • • • office al CIty Nall not later Ilan February 24,tu. Innis properly Included lna Tnrrn reent District th. No.4la e property legally described as fo➢owa: ^ Lol I Flock I Minnesota Tree and Is more agec➢inally dnscybed In Ihr praesed • Tax Inarrnenl Financing pun for Taa Inn ement 1 • District No.4 on file In the Clerks office. • All Interested poisons ramp appear at the hearing • I proved their rims ore➢t or in welting, Jo!m Frane • • (f'uhlhbed In the Fdrn Prairie News February 24 and March 3,1L83) • • • • t 1 r ( I I. 1 • U\QI DOCUMENTS REFERRED TO IN EXHIBIT "A" Copies of documents referred to and incorporated in Exhibit "A" have previously been distributed to members of the Council except the memoranda from Carl Jullie and Gene Dietz which are included in this packet. A complete transcript of documents is available in the office of the City Clerk. Councilman Anderson was sent a copy of these documents. c MARCH 15;1983 C. INSTY PRINTS PRINTING-SENIOR CITIZENS CENTER 91.59 6513 AMERICAN PLANNING ASSOCIAlION 800K-PLANNING DEPT 11.75 6514 uNIVERSITY OF MINNESOUA-AGRI EXT CONFERENCE-FORESTRY DEPT 47.00 6515 ROBRINSOALE FARM & PET SUPPLY CANINE SUPPLIES 267.UD 6516 UNIVERSITY OF MINNESOTA CONFERENCE-COMMUNITY SERVICES 20.00 6517 VAROA COMPANY SUPPLIES-POLICE DEPT 99.00 6518 HOPKINS POSTMASTER POSTAGE 2000.00 6519 MARILYN HANNA INSTRUCTOR-SENIOR CITIZENS/FEES PAID 50.00 6520 NORTH CENTRAL SECTION A'WWA CONFERENCE-WATER DEPT 315.00 6521 MINNESOTA POLLUTION CONTROL AGENC CONFERENCE-WATER DEPT 40.00 6522 CAPITOL CITY DISTRIBUTING WINE 206.46 6523 OLD PEORIA COMPANY WINE 1499.13 6524 INTERCONTINENTAL PACKAGING CO WINE 125.04 6525 GRIGGS COOPER & CO INC LIQUOR 2670.44 6526 TWIN CITY WINE CO WINE 700.76 • 6527 D V NFON BROTHERS WiiO;_iSLAE LIQUOR j 1359.9G 6528 EAGLE WINE CO WINE 1129.76 6.529 ED PHILLIPS & SOW!S LIQUOR 1 1478.29 6530 VOID 01.IT CHECK 0.00 6531 MlD;;,'EST 'WINE CO WINE 674.19 6532 MINN:'SEU:L P 0 S T BOARD FEE-POLICE DEPT 3.33 6533 U S FOU1MASTER POSTAGE-POLICE DEPT 100.00 6534 MINNESOTA CHAPTER AMERICAN SOCIFI CONFERENCE.-PARK PLANNING 30.00 6535 UNIVERSITY OF MINNESOTA CONFERENCE-PARK PLANNING 20.00 f" " WENDY BURNS-CARL SON INSTRUCTOR-SKATING/FEES PAID 110.00 . C. HOPKIn POSMASTER POSTAGE 30.20 6:7,);: ra;;.`;OTA 0EPAR1t,E(`!T 0;" P/S MOTOR VCii'_CLE PEelS•1RATION 29.75 6539 HO"';; S POSTLWSFER POSTAGE 200.00 6540 HENNEP;N CflMUY SUPF'O T & COLLECT SERVICE 80.00 6541 STATE OF WiSLF N:StU SERVICE 15.00 6542 RALPH KRATOCiIV[L INSTRUCTOR-FITNESS CLASS/FEES PAID 54.00 6543 WENDY UURNS-CARLSON INSTRUCTOR-SKATINGG/FEES PAID 1126.00 6544 SCIENTIFIC PRODUCTS SUPPLIES-POLICE DEPT 25.95 6545 HENNEPIN COUNTY TREASURER MICRO-FILM & COPIES 298.02 6546 ED PHILLIPS & SONS CO WINE 3353.65 6547 PAUSTIS & SONS WINE 143.80 6548 OLD PEORIA COMPANY INC LIQUOR 1426.75 6549 INTERCONTINENTAL PACKAGING CO WINE 792.76 6550 TWIN CITY WINE CO WINE 620.54 6551 GRIGGS COOPER & CO LIQUOR 1686.42 6552 EAGLE WINE CO WINE 180.51 6553 JOUNSON GROiHIEAS WHOLESALE WINE 2347.02 6554 MID;CST WINE CO WINE • 471.80 6555 CAPITOL CITY DISTRIBUTING CO WINE 73.35 6556 SAFETY SYSTEMS INC CONFERENCE-FIRE DEPT 150.00 6557 FEDERAL RESERVE BANK PAYROLL 3/4/83 17261.98 6558 CO,MMMISSIONLi1 OF REVENUE PAYROLL 3/4/83 7698.03 6559 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 3/4/83 40.00 6560 A(TNI LIFE INSURANCE PAYROLL 3/4/83 108.00 r( CREAT WEST LIFE ASSURANCE CO PAYROLL 3/4/83 2723.00 '.-,.' U411ET WAY OF MINNEAPOLIS PAYROLL 3/4/83 71.50 6553 IN1ERCATIONAL UNION OF OPERATING DUES 532.00 6564 PERA PAYROLI. 3/4/83 16044.06 6565 SUPiI.FES 7 III ENTERPRISES MARCH RENT-LIQUOR STORE/PRESERVE 3185.84 6566 NORTIICO LTD MARCH RENT-L/S PRAIRIE VILLAGE MALL 2637.89 76456.57 1/:) r,'7 ARKAY CONSTRUCTION CO SERVICE-P/S & P/W BUILDING 186155.35 , SHAFER CONTRACTING COMPANY INC SERVICE-PRAIRIE CENTER DRIVE 128O14.4r 6.569 A & H WELDING & MFG CO STEEL-EQUIPMENT MAINTENANCE • 6.88 6570 ACRO-MINNESOTA INC OFFICE SUPPLIES 2231.31 6571 ALDY GRAPHIC SUPPLY INC FILM-PARK PLANNING 51.50 6572 AMERICAN LINEN SUPPLY CO MOPS/DUSTERS-L IQUOR STORE-PRESERVE 8.65 6573 AMERICAN NATIONAL BANK SERVICE 273.7 6574 AMERICAN SOCIETY OF COMPOSERS/AUT FEE-COMMUNITY CENTER 412.50 6575 EARL F ANDERSEN & ASSOCIATES INC STREET SIGNS 61.20 6576 GREGG ANDERSON BASKETBALL OFFICIAL/FEES PAID 144.00 6577 ARA TRANSPORTATION BUS SERVICE-SPORTS ACTIVITIES/FEES PAID 442.80 6578 ARTSIGN MATERIALS CO SUPPLIES-PARK PLANNING 24.45 6579 ASTLEFORD EQUIPMENT CO INC ELECTRONIC IGNITION/STARTER 104.75 6580 BARRY & SEWALL PAINT-WATER DEPT 117.3/ 6581 CITY OF BLOOMINGTON JANUARY IMPOUND SERVICE 115.00 6582 M 80GDEN BASKETBALL OFFICIAL/FEES PAID 228.0U 6563 BOYER FORD TRUCKS FAN ASSEMBLY/BRAKES-EQUIPMENT MAINTENANCE 628.52 6584 BRAUN ENGINEERING TESTING INC SERVICE-TECHNOLOGY DRIVE 6303.95 6585 BROWN PHOTO FILM-PLANNING/PARK PLANNING/FIRE DEPT 45.11 65136 BRYAN ROCK PRODUCTS INC ROCK-STREET MAINTENANCE 4662.63 65137 BURTON EQUIPMENT INC DRUM TILT TRUCK-WATER DEPT 122.25 6538 BUSINESS FURNITURE INC TABLE-COMMUNITY SERVICES 240.00 6589 BUTCHS BAR SUPPLY SUPPLIES-LIQUOR STORES 366.45 6590 CHANHASSEN BUMPER TO BUMPER -EXHAUST SYSI EMS/HOSES/FUEL PUMP/WIPER 778.13 BLADES/FILTERS/CARBURATOR KIT/BRAKES 15.00 '-'11 CHANHASSEN LAWN & SPORTS EQUIPMENT PARTS-PARK MAINTENANCE 115.00 2 CHAPIN PUBLISHING COMPANY LEGAL ADS 6593 CHEMLAWN 1982 LAWN SERVICE-CITY HALL 88.65 6594 CLUTCH & 1.1-301NT BURNSVILLE INC TRANSMISSION PG,RTS-EQUIPMENT MAINTENANCE 1199.84 6595 COMPMISSIONER OF TRANSPORTATION INSPECTION-PRAIRIE CENTER DRIVE 1OOO.O�: 6596 COiMMISSIONFR OF TRANSPORTATION BITUMINOUS TESTS-PRAIRIE CENTER DRIVE 641.2 6E97 COPY E _IIP,!ENT INC FILM/PLANHOL0 STR IPS/SURVEY CHAIN-ENG DEPT 825.06 6593 COUNTRY CLUB MARKET INC SUPPLIES-CITY HALL 62.29 6599 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 1522.1C 6500 WARD F DAHLBERG MARCH EXPENSES 108.10 6601 MARK DIEOE REFUND-SWIMMING 8.37 6602 DORHOLT PRINTING & STATIONERY INC OFFICE SUPPLIES 355.06 • 6603 DRISKILLS SUPER VALU SUPPLIES-COMMUNITY CENTER 181.97 6604 EDEN PRAIRIE SCHOOL DISTRICT #272 FEBRUARY CUSTODIAL SERVICE/SUPPLIES 1146.9F0 6605 EDEN PRAIRIE SCHOOL DISTRICT #272 JANUARY GASOLINE-STREET DEPT 2415.70 6506 PAUL ED'MIARDSON GUITARIST-STARING LAKE GRAND OPENING 45.0U 66D7 EDEN PRAIRIE TRASUTRONICS FEBRUARY TRASH PICKUP 280.O',s 6608 JON B ELVY HOCKEY OFFICIAL/FEES PAID 84.0'- 6609 CHRIS ENGER FEBRUARY EXPENSES 184.3`. • G61O FARMERS STEEL CO IRON-PARK MAINTENANCE 52.82 6611 JAN FLYNN FEBRUARY MILEAGE/RECORD PLAYER NEEDLE 63.20 6612 FORESTRY SUPPLIERS INC SUPPLIES-FORESTRY 54.53 6613 JON FRAGODT REFUND-BASIC RESCUE CLASS 17.Oc' 6614 JOHN FRANE FEBRUARY EXPENSES 170.6I, ' 6615 G & K SERVICES FEBRUARY SERVICE-TOWELS/MOPS/JACKETS 74.4', 6 GENERAL OFF ICE PRODUCTS COMPANY OFFICE SUPPLIES 315.1: ,,17 KARIN GOR I INSTRUCTOR-CALLIGRAPHY/FEES PAID 128.0 6618 JOCi. HANSOtJ REFUND-LIFESAVING CLASSES 28.5C 6619 HAPPY TYME DISTRIBUTORS MIXES-LIQUOR SURE/PRAIRIE VILLAGE MALL 284.4' 34359022 • "0 KAREN IIARRIS INSTRUCTOR-EXERCISE CLASSES/FEES PAID 1049.60 HENNEPIN COUNTY TREASURER FOOD LICENSE FEES-COMMUNITY CENTER 225.00 6622 D C HEY COMPANY INC OLIVETTE COPIER 1574.90 6623 HOPKINS DODGE SALES INC HEADLIGHTS-EQUIPMENT MAINTENANCE 18.03 6624 HOPKINS PARTS COMPANY AIR FILTER-FORESTRY DEPT 23.23 6625 HUMBOLDT MFG CO. CONCRETE TESTING EQUIPMENT-ENG DEPT 146.96 6626 IAA° SUBSCRIPTION-ASSESSING DEPT 12.00 6627 INDUSTRIAL GASKET COMPANY JOINT SEALANT-WATER DEPT 155.00 6628 INTERDESIGN INC FEBRUARY SERVICE-P/S & P/W BUILDING 2419./6 6629 CARL JULLIE EXPENSES 8.00 6630 PAULINE KACHER INSTRUCTOR-CREATIVE DANCE/FEES PAID 160.00 6631 KATE KARNAS EXPENSES 12.65 6632 KARULF HARDWARE INC -WRENCH/BOLTS & NUTS/KEYS/BATTERIES/PAINT 436.55 -BRUSHES/PIPE/WASTEBASKET/VACUMN BAGS -NAILS/CAULK/SPRAYER/CHAIN LINKS/SCREWS -ELECTRIC SWITCH/SHOVEL/SHOP LIGHTS/ PLASTIC/CANDLES/TAPE/PLIERS/OIL 6633 JOSEPH KASID BASKETBALL OFFICIAL/FEES PAID 144.00 6631 TOM KEEFE BASKETBALL OFFICIAL/FEES PAID 300.00 6535 BILLY KEEGAN REFUND-SWIMMING 13.00 6635 KELLOSS LEBODY SHOP INSTRUCTOR-EXERCISE CLASSES/FEES PAID 312.38 6637 KUMESH ATHLETIC & GOLF SUPPLY TIMERS/CLOCKS-REC DEPT 78.8? 6638 11 E LANE INC INSURANCE 100.00 6639 LEEF BROTHERS INC FEBRUARY SERVICE-RUGS/MOPS 215.44 • 6640 LOGIS FEBRUARY SERVICE 2431.9r, -'1 AL LUEDTEE BASKETBALL OFFICIAL/FEES PAID 36.00 ,2 LYMAN LUMBER COMPANY PLYW000-COMMUNITY CENTER 104.3? 6643 MAPRA DUES-PARK & RECREATION COMdMITTEE 10.00 6644 ROBERT N MARTZ MARCH EXPENSES 170.25 6645 MATTS AUTO SERVICE INC TOWING SERVICE-CARS 40.00 6645 MERIT PRINTING FORMS-BUILDING DEPT 543.34 6647 METRO FORE COMMUNICATIONS INC MARCH PAGERS RENTAL 89.52 6648 METRO PRINTING INC PRINTING-PARK PLANNING 119.50 6649 MIDLAND PRODUCTS COMPANY SUPPLIES-CONCESSION STAND/COMMUNITY CENTER 457.7C 6650 MIDWEST ASPHALT CORPORATION BLACKTOP 167.9 6651 MINNESOTA CASH REGISTER CO PAPER-LIQUOR STORE/PRESERVE 48.7E 6652 MINNESOTA GAS COMPANY SERVICE 823.40 6653 MRPA DUES-PARK & REC CC,MISSIDN 85.08 6654 MINNESOTA VALLEY ELECTRIC CO-OP FEBRUARY SERVICE 35.7S 6555 R E MOONEY & ASSOCIATES INC PAINT-WATER DEPT 374.30 6656 WM MUELLER & SONS CO SAND 1267.2; 6657 JERRY NEEDIUA71 INSTRUCTOR-DOG OBEDIENCE/FEES PAID 230.0` . 6658 NORTHERN STATES POWER SERVICE 6661.T 6659 NORTHWESTERN BELL TELEPHONE SERVICE 2463.3 6660 NORTHWESTERN NATIONAL BANK BOND PAYMENT 50603.0'- 6661 10M 0 BRIAN SERVICE-HAPPENINGS 10.08 6662 CHRIS PRLM/JAllFRCISE INC INSTRUCTOR-EXERCISE CLASSES/FEES PAID 2766.4:. • 6663 MARYANN PARKER YOGA INSTRUCTOR/FEES PAID 192.w 6664 MIKE PAIL ELECTRIC INC -REPLACE BATTERIES IN EMERGENCY LIGHTS AND 1336.6:. - REPAIR SYSTEM-WATER DEPT 'i 5 PEPSI COLA BOTTLING CO POP-COMMUNITY CENTER 225.7` ,6 PERBIX HARVEY & TIIORFINNSON LEGAL SERVICE-METRO CONTRACTING/KOPESKY 597,0'. 6667 COWNII PETERS FEBRUARY MILEAGE 20.6(' , 6668 POMMLR MFG CO INC TROPHIES-REC DEPT 425.00 7974135 • 17. 6669 ANDY POPPENDIECK REFUND-BASIC RESCUE CLASS 17.000 l POWER BRAKE EQUIPMENT CO HEADLIGHTS-FIRE DEPT i,.,,l PRAIRIE OFFICE PRODUCTS INC OFFICE SUPPLIES-PLANNING/COMMUNITY CENTER 41.92 6672 R 341.9 & R SPECIALTIES INC SHARPEN ZAMBONIE MACHINE BLADES 15 40.930 6673 DAVID RAQUET WRENCHS-STREET DEPT 6674 REEDS SALES & SERVICES -METAL CUTTING HANDSAW/WOOD CUTTING 1943.2C BANDSAW-PARK MAINTENANCE 60.00 6675 GARY REIERSON CABLE-COMMUNITY CENTER 60.00 6676 RENTAL EQUIPMENT & SALES CHAIN SAW-FORESTRY DEPT 3 82 0 6677 RIDGE DOOR SALES COMPANY OF MINNE REPAIR GARAGE DOOR-FIRE DEPT 6678 RIEKE-CARROLL-MULLER ASSOCIATES I -SERIICE COMEWAK RDDHILLSTIOAD/ARBONEGLEN EN DR 14699.2G C6680 ROAD RUSCUE INC ELECTRICAL PARTS-FIRE DEPT 34.14 ADS-LIQUOR STORES 108.00 6680 SAILOR NEWSPAPERS INC 11.75 6681 WAYNE SANDERS EXPENSES 65.00 6682 SATELLITE INDUSTRIES INC PORTABLE RESTROOM 17.00 6683 PHILIP SCHECHTER REFUND-FITNESS CLASS 6684 BARBARA SCHNEIDER CHAPERONE-SKI TRIP/FEES PAID 18.00 6685 LARRY SCU .3ANTZ BASKETBALL OFFICIAL/FEES PAID 324.00 ' 6686 SECTION VI HOCKEY/EDINA HIGH SCHO 50V, SHARE OF HOCKEY PLAYOFFS-CDMi'XUNITY CTR 532.51 6687 SHMKDPEE FORD INC SWITCH/SOCKET/LEVER/FLANGE-EQUIP PLAINT SR -DIESEL FUEL/HYDRAULIC FLUID/OIL/BRAKE 3200.60 6688 W GORDONIIH CO FLUID 6689 SOUTHWEST SUBURBAN PUBLISHING INC ADS-LIQUOR STORES 294.98 6690 GUY SPEAKER COMPANY INC BITUMINOUS THERMOMETER-ENGINEERING DEPT 50 6A91 CHARMAYNE STETTED, INSTRUCTOR-KIDS KOR'NER/FEES PAID 315.360. N 2 SUBURBAN CHEVRDLET CO -REPLACE INTAKE MANAFOLD GASKETS/ROD/ 24 SQUAD CAR REPAIRS 6693 BRIAN SULLIVAN -SKI TRIP CHAPERONE/FEES PAID 72.00 72.00 6694 SULLIVANS SERVICES INC SERVICE-SENIOR CENTER �. 6695 SUPPLEE ENTERPRISES INC SUPPLIES-LIQUOR STORE/PRESERVE 11.5/ 6596 CARRIE TIETZ SERVICE-PARK C, RECREATION COMMISSION MTG 26.20 6697 TRI-S TOWING TOWING SERVICE-TRUCK REFUND-SKATING 24.06 6698 ADAM TUBES 200.00! 6699 TWIN CITIES CHAPT OF YOUNG AUDIEN CONCERT-HISTORICAL CULTURAL COMMISSION 18.00' 6700 TYPE HOUSE+DURAGRAPH SUPPLIES-PARK PLANNING 218.0C 6701 UNITED LABORATORIES HAND CLEANER/ICE PELLETS-WATER DEPT 268. 6702 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 36.4` 43 6703 VESSCO INC PAINT-WATER DEPT 6704 VICOM INC CABLE TV PHONE HOOK-UP-COMMUNITY CENTER 175.00 6705 WATER PRODUCTS COMPANY METERS-WATER DEPT 155 2805.00.0 6706 WEAVER ELECTRIC CO INC LAMPS-COMMUNITY CENTER 52.1' 6707 SANDRA WERTS FEBRUARY MILEAGE E 3.3 13 33 6708 WEST WELD SUPPLY COMPANY WELDING ALLOY-EQUIPMENT MAINTENANCE 1100. 6709 XEROX CORPORATION SERVICE 30.80 6710 MIKE DUNGAN BASKETBALL OFFICIAL/FEES PAID 16.0t' 6711 WES GROOT';IASSINK BASKETBALL OFFICIAL/FEES PAID 52652.50 6712 IIID'IEST TRAC1OR INC RENTAL-TREE SKIDDED 50.507 6713 PRAIRIE ELECTRIC COMPANY INC ELECTRICAL SERVICE-FOREST HILLS RINK 750.5 6714 SMILEY GLOTTER ASSOC INCORP SERVICE-COMMUNITY CENTER 3788.1' ''15 BEER WHOLESALERS BEER 3884.4 t 16 CITY CLUB DISTRIBUTING CO BEER 142.0' t)717 COCA COLA BOTTLING CO MIXES 1313.4I• 6718 DAY DISTRIBUTING CO BEER 3973319 1-12Cl • t 1 EAST SIDE BEVERAGE CO BEER 6115.25 1.._J KIRSCH DISTRIBUTING BEER 140.0/ 6721 A J OGLE CO BEER 649.60 6722 PEPSI COLA/7UP BOTTLING CO MIXES 445.40 i, 6723 R C COLA MIXES 91.35 !, 6724 THORPE DISTRIBUTING BEER 6261.7` ! 6725 CREEK KNOLLS PARTNERSHIP LAND-FRANLO PARK 1100.00 ;' 6214 VOID OUT CHECK 28.00• 1477542 $554296.75 1 i • • L • • • • • QS DRAFT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA 1 RESOLUTION NO. R83-58 POSITION STATEMENT FOR CSAH 18 DRAFT ENViROELNTAL IMPACT STATEMENT WHEEtFAS, the Hennepin County Department of Transportation and the Scott County Ilioh.:ay Department have caused to be prepared a Draft Enviromental Impact Statement for the construction of CSAH 18 between I-494 and TH 13 and 101, Project Number 6816; WHEREAS, the City of Eden Prairie has reviewed the Draft Enviromental Impact Statement; and WHEREAS, the City Council has found that segments of the document are inconsistent with City policies and that the City desires to take a position regarding alternates that are proposed in the document. • NOW, THEREFORE, BE iT RESOLVED by the Eden Prairie City Council that the following items constitute the positions, comments, and recommendations regarding the Draft Enviromental impact Statement for CSAH 18: 1. By labeling the project as a CSAH 18 corridor, the document prejudices the location of a bridge crossino, since it requires a common segment of CSAH 18 between Old Shakopee Road and I-494. 2. The document does not attempt to locate a corridor other than the one that bisects Anderson Lakes, which has potentially significant enviromental consequences. 3. Muni no the articulation of the alternatives, the Normandale crossing discussion always falls within the same paragraph as the concept of the "dual crossing". This writing style unfairly prejudices the single crossing • concept at Normandale. • • 4. IL. re has been a substantial shift in the auto/travel patterns • nation wi de. Si1,..e. this project has been under development for a significant number of years, has the computer model which forecasted the traffic impacts been ,. modified to reflect the current condi tions7 5. The summary of adverse impacts on page iv completely omit any • discussion regarding the "leap frog affect" of promoting additional growth south of the Minnesota Ri ver as a result of the westerly crossing alternates. • 6. The historical background on pages 1-11 of the document do not reference any citizen studies of the corridor. It is believed that other studies of the project have been undertaken. 7. Only two references could be found in the document dealing with the fact that historically there has been two crossings over the river - - one being at Normandale. Resolution R83-58 Pg. 2 • 8. Some alternates in the document are not completely responsive to the Metropolitan Council Transportation Policies 6, 12, 13, 17, and 31 as listed on page 13 of the document. 9. The proposed westerly bridge crossings add the undue burden of an additional conduit through the City of Eden Prairie thereby promoting "leap frog development". 10. Modal interrelationships on page 23 indicates that an advantage to the project is to provide an additional truck crossing. The City of Eden Prairie does not view that as an advantage to our community. 11. Under economic development on page 25, the second paragraph discusses the advantages of this corridor because of increased commercial development. Si nce we have TH 169 and the proposed 212, an additional development corridor in this area cannot be viewed as a specific advantage to the City. 12. The document assumes that TH 212 will be completed by the year 2000 as a basis for the alternate alternative selection process. The City of Eden Prairie has great concern about the over all coordination of these roadway projects amid that a certain lack of coordination of "assumptions" exists. 13. The City contoids that if consistency with comprehensive plans was a factor in the selection criteria as indicated on Table 1, page 33; the freeway alternatives woul d not have been included in this document since they are inconsistent with Eden Prairie's plan that has been approved by the Metropolitan Council. 14. We note that alternates 5 and 6 as shown on page 36 have nearly identical costs. Based on the cor,plexity of the project and the accuracy of estimating at this stage of completion, we would contend that for all practical purposes both alternates could he built for the same inves tment. 15. The cost of homes in Shakopee as noted on page 37 and their associated land costs support our contention that most of the alternates suggested in this document will promote growth south of the river in an untimely fashion. 16. The extent of the impact due to a freeway alternate to the partial taking of the Preserve Shopping Center is given less than adequate treatment. 17. The right-of-way and relocation impacts as shown on Table 10, page 87 for alternates 6 and 14 are influenced partly due to the needs along Old Shakopee Road. Since one of the early deletions from the scope of alternatives was Piormandale between Old Shakopee Road and I-494, a right-of-way need has been created which deserves a fuller explanation. 18. Table 16, page 121 indicates that the impacts to Anderson Lakes Park could vary from minimal to heavy. Since no other corridor through this area has been evaluated, it should be noted that tremendous impacts .are possible • with the potential of breaking the lake seal whenever construction occurs. The impact to Woodlale is an example of this potential. Resolution R83-58 Pg. 3 19. The City of Eden Prairie goes on record as supporting alternate 6 as being one of the most cost effective plans to provide a solution 'to the traffic problems depicted in the document, is the most consistent with our guide plan, and has the least negative impacts on ecology. if this alternate cannot be accepted, the City of Eden Prairie believes alternate 5 is acceptable if the completion date of the project would not fall prior to 1993. ADOPTED by the Eden Prairie City Council on March 15, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-62 A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: INDEX SECTION 1 FEES, CHARGES AND RATES AUTHORIZED AND DEFINED SECTION 2 FEES, RATES AND CHARGES PURSUANT TO CITY CODE SECTION 3 OTHER FEES, RATES AND CHARGES SECTION 1. FEES, CHARGES, AND RATES AUTHORIZED AND DEFINED The fees, charges and rates for the purposes set forth in this Resolution for licenses, porrnits and municipal services shall be in the amounts set forth in the following sectiuns. SECTION 2. FEES, RATES AND CHARGES PURSUANT TO CITY CODE The following fees, rates and charges required to he fixed and determined by Resolution of the City Council pursuant to the City Code and for other licenses, permits and municipal services are hereby fixed, determined and adopted as hereinafter set forth. Business Licenses: 2.1 CIGARE1TES (Section 5.35) Annual $12.00 2.2 CONTRACTORS (Section 5.33) Annual One and two family $15.00 Multi-family and commercial $25.D0 2.3 DANCE HALLS (Section 5.32) Annual Public Dance $400.00 if live musicians are employed. • $100.00 where music is provided exclusively by electrical or mechanical device(s). tla 9 Incidental Dance ' $300.00 if live musicians are employed. $ 50.00 where music is provided exclusively by electrical or mechanical device(s). $ 25.00 when live musicians are employed and when the applicant is a religious, charitable or other non-profit organiza- tion and the permit is for a special event or limited period; when music is to be provided exclusively by electrical or mechanical means fur such non-profit organization, the fee shall be $10.00. No fee is required for dances conducted by the Park and Recreation Department, any agency of the Eden Prairie School District, or the Eden Prairie Foundadon. 2.4 DOGS (Section 9.07) License: Male Annual $4.00 • Female Annual $4.00 Impounding fees: $25 - 1st offense/year $50 - 2nd offense/year $100 - 3rd offense/year Boarding fee: $5 per day Euthanasia fee: $5 2.5 DOG KENNELS (Section 5.60) Annual Corcnerc i al $50.00 Private $25.0D* *Includes three individual dog licenses and tags. 2.6 DRIVE-IN THEATERS (Section 5.31) Annual $300.00 2.7 FOOD ESTABLISHMENTS (Section 5.38) A. Restaurants, stores, supermarkets, manufacturing and processing plants, etc. $225.00 Supplementary areas: bar, kitchen, meat market, bakery, grocery store, other. each $15.00 B. Bottled soft drinks and packaged products sold in prepackaged form each $40.00 supplementary area $10.00 ti C. Other food establishments not in "A" each $175.00 supplementary area $15.00 Itinerant food establishment first day $50.00 each additional day $10.00 Temporary food license $35.00 Retail candy shop - when operated in connection with another licensed food establishment $10.00 Retail candy cutlet $55.00 Readily perishable food vehicle, first truck $50.00 including bakery food vehicle additional $30.00 Vending machines for food or beverage each $15.00 Catering food vehicle $100.00 2.8 GAMBLING (See Ordinance No. 1-83) ME(0) Annual Fee $300.00 Temporary Fee $ 40.00 2.9 GAS FIT1ERS Annual Class A $15.00 2.10 GRAVEL MINING (Section 11.55) Application Annual Performance fee license bond Land alteration incidental mining (0 to 25,000 c.y.) total plan volume $200.00 $100.00 $1,000.00 Borrow pit, with 25,000 - 75,000 c.y. annual plan volume $2,000.00 $300.00 $10,000.00 Borrow pit with more than 75,000 c.y. annual volume $2,500.00 $750.00 $10,000.00 2.11 HEATING & VENTILATING Annual $15.00 2.12 LIQUOR (Chapter 4) Non-intoxicating malt liquors Annual Application fee $100.00 On-sate $50.00 Off-sale $10.00 Liquor On-sale Annual $7500.00 Investigation fee $500.00* Liquor On-sale - clubs Annual $100.00 Investigation fee $500.00* Liquor On-sale - wine Annual $2000.00 Application fee $250.00 Set-ups Annual $200.00 Employee License Annual $10.00 *An investigation fee not to exceed $500 shall be charged an applicant by the City if the investigation is conducted within the state, or the actual cost not to exceed $10,000 if the investigation is required outside the State, shall be charged an applicant by the City. 2.13 MECHANICAL AMUSEMENT DEVICES AND AMUSEMENT CENTERS (Section 5.30) h5„e!irt /S0) For each of the first three machines/devices ("A") $15O.00(:`I;;;Cruci.• CTlai e� Juke boxes, kids rides, etc. per machine ("B" & "C") $25.00 l Amusement Center, plus $5 per machine for up to In machines $1500.00 2.14 PEDDLERS (Section 5.37) Annual - evidence of State License $5.00 2.15 PLUMBING LICENSE No fee - State Bond/Insurance required 2.16 PUDLIC `;ERVICLS Refuse and garbage collectors (Section 5.3G) Annual 1st vehicle $30.00 Each additional vehicle $15.00 Scavengers (Section 5.34) Annual $10.00 2.17 WATER SOFTENING AND FILTERING No fee - State License required 2.18 WELLS No fee - State License required Permi_ts 2.19 BUILDING PERl1ITS (Section 10.06) --- . ctrrixc- /ex- ct _ 034e4 �eucl- Total Valuation Fee $1.00 to $50O.00 $10.00 $501.00 to $2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $1,000.00 or fraction thereof, to and including $2,000.00 • • (1.))).. the $2,001.00 to $25,000.00 $32.506for for firsta$2,00000.000 plus$1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $170.50 for the first $25,000 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,000.01 to $100,000.00 $283.00 for the first $50,000 plus $3.00 for each additional • $1,000.00 or fraction thereof, to and including $100,000.00 $100,000.00 and up $433.00 for the first $100,000 plus $1.50 for each additional $1,000.00 or fraction thereof. PLAN CHECKING FEES: Plan checking fee shall be 65% of the building permit fee. 2.20 DEMOLISHING OR RAZING BUILDINGS (Section 10.05) $25.00 2.21 EXCAVATION AND GRADING (Chapter 70, U.B.C. 1979 and City Engineer's approval) L']un...Check.inn Fees. fee 50 cubic yards or less No fee 51 to 100 cubic yards $10.00 101 to 1000 cubic yards $15.00 1001 to 10,000 cubic yards $20.00 10,001 to 100,000 cubic yards $20.00 for the first 10,000 cubic yards, plus $10.00 for each addi- tional 10,000 cubic yards or frac- tion thereof. 100,001 to 200,000 cubic yards $110.00 for the first 100,000 cubic yards, plus $6.00 for each additi- onal 10,000 cubic yards or frac- ;. tion thereof. 200,0001 cubic yards or more $170.00 for the first 200,000 cubic yards, plus $3.00 for each additi- onal 10,000 cubic yards or frac- tion thereof. { Other Infections 'and Fees Additional plan review required by changes, additions or revisions to approve plans: (minimum charge = one half hour) - $25.00 per hour. • Gradin�c Permit Fees Fee 50 cubic yards or less $10.00 51 to 100 cubic yards $15.00 101 to 1,000 cubic yards $15.00 for the first 100 cubic yards plus $7.00 for each additional 1,000 cubic yards or fraction thereof. 1,0001 to 10,000 cubic yards $78.00 for the first 1,000 cubic yards plus $6.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards $132.00 for the first 10,000 cubic yards plus $27.00 for each addi- tional 10,000 cubic yards or frac- tion thereof. 100,001 or more $375.00 for the first 100,000 cubic yards plus $15.00 for each addi- tional 10,000 cubic yards or frac- . tion thereof. Other Inspections and Fees deo Inspections outside of normal business hours $25.00 per hour , I5-,— (minimum charge = 2 hours) Reinspection fee assessed under provisions of Section 305(h) $25.00 each — M Q w Inspections for which no fee is specifically indicated (minimum charge = one-half hour) $25.00 per hour N E W 2.22 EXCAVATION OF STREETS (Section 6.07) $10.00 2.23 FIRE PREVENTION PERMITS (Section 9.05) Storage & handling of flammable liquids $10.00 Storage & handling of corrosive liquids $10.00 Dry cleaning establishments $10.00 Service garage $10.00 Spraying and dipping operation $10.00 Welding and cutting $10.00 Hazardous chemicals $10.00 Assembly occupancy $10.00 • Refinishing of bowling alleys and pins $10.00 Delivery of flammable & combustible liquids $10.00 Automobile wrecking yards $10.00 Installation of LP tanks $10.00 Industrial ovens & furnaces $10.00 Installation of lfammable & combustible liquid tanks $10.00 Tents $10.00 2.24 HEATING & VENTILATION (Chapter 10) A fee for the issuance of a permit for work and for making inspec- tions pursuant to applicable ordinances shall be as set forth in the sections which follow, except as provided in the State Building Code. gz vdi N+w' A. Job Valuation 0 to $1,000 2% (.02) of job value - minimum of $10 } � $1,000 to $10,000 $20 for the first $1,000 plus S1.25 for + each additional $100 or fraction thereof "IAA to and including N.0,000 $10,001 to $50,000 $132.50 for the first $10,000 plus $1.00 ', 'D for each additional $100 or fraction 1:V e4' thereof, to and including $50,000. $50,001 and up $532.50 for the first $50,000 plus $7.50 for each additional $1,000 or fraction thereof. • B. Gas Piping For 3 openings on gas up to 2" $ 3.00( 400) Each additional opening 1.00(417r Over 2" 7.50/ Each additional opening 1.00f. 2.25 INCINERATORS (Section 9.05) $20.00 • 2.26 MOVING A BUILDING (Section 10.05) $1,000 deposit each from the owners of the building and building mover. Moving a building $250.00 Moving a garage only 50.00 • • ( • • 2.27 PLUMBING (Chapter 10) Fixtures each $ 5.00 4 • Rough-in fixtures $ 5.00 I.•.6) Setting fixtures on previous $ 5.00i/:,40) Electric water heater $ 5.00ra.w) New ground run for existing building $ Sump and receiving tank $ 5.00(H 2S) Water treating device (softener) $ 7.50, ...Jul Washer openings $ 2.00 Sillcocks $ 2.00 For extending water lines $ Sewage disposal (individual) $15.00 t',;. ,) Municipal sewer per 100 feet $10.00 =! Municipal water per 100 feet $10.00( %' Meter inspection and sealing $15.00(' ';O Inside change over - sewer, water ur both $ 7.50 For 3 openings co gas up to 2" $ 3.00 Each additional openirng $ 1.00 r• .; Over 2" $ 7.50 Each additional opening • $ 1.00 (7E.) Storm sewer and sub soil drains per 100 feet $ 7.50 (5.00) Gas stove. $ 5.00 Bar-b-qua $ 5.00 Incinerator $ 5.00 ,.0o) Minimum permit fee $ 7.50 2.26 FIRE SPRI':i:LE S' iLiL (Section 5.05) (j;EW 1 - 5 heads $ 15.00 6 - 25 heads $ 15.00 first 5 heads plus $ 10.00 each additional 10 heads or fraction thereof. 26 - 50 heads $ 35.00 first 25 heads plus $ 7.50 each additional 10 heads or fracticn thereof. 51 - 200 heads $ 57.50 first 50 heads plus $ 5.00 each additional 10 heads or fraction thereof. 201 and up $132.50 first 200 heads plus $ 2.50 each additional 10 heads or fraction thereof. (D)FIRE SUPPRESSION SYSTEMS 1.10 Sprinkler Moods 0 15.00 a �� ;,� Each addl.10 or fraction 0 1.50$ ' Standptpes let 3 floors O 15.00 i Each add'I.floor 0 1.50 AIURapairs pooh io001 0 5.00$ 2.29 SIGNS (Section 11.70) Up to 33 square feet in size $12.00 33 square feet through 60 square feet in size $15.00 61 square feet to 100 square feet in size $18.00 Each additional 100 square feet or portion thereof not exceeding 300 square feet additional - per year $ 2.00 Each additional 100 square feet or portion thereof over a total of 400 square feet additional $ 2.50 Directional signs for housing projects $ 5.00 Temporary signs Up to 10 square feet - 30 days $ 3.00 Over 10 square feet - 30 days $ 5.00 Fees shall not be pro-rated for a period of time less than shown. The surfaces of double or multi-faced signs shall be combined for the purpose of determining the amount of the fee. 2.30 SEPTIC SYSTEM PUMPING (Section 10.02) $ 5.00 2.31 WATER SOFTENING AND FILTERING (Chapter 10) $ 5.00 2.32 WELLS (Section 10.04) $15.00 141,00) Development_ Fees 2.33 PLANNED UNIT DEVELOPMENT (P.U.O.) (Section 11.40) $300 minimum or $5/acre - whichever is greater. PLANNED UNIT DEVELOPMENT AMENDMENT \10,2 $300 minimum or $5/acre - whichever is greater.) 2.34 ZONING (Section 11.77) $300 minimum or $5/unit (residential) - whichever is greater. $300 minimum or $25/acre (commercial, industrial, office, public) whichever is greater. 2.35 PLATTING (Section 12.04) $200 minimum or $5/lot (residential - whichever is greater) $200 minimum or $25/acre (commercial, industrial, office, public) - whichever is greater. SITE PLAN REVIEW $300 minimum or $5/acre - whichever is greater 11:J1 • 2.36 CASH PARK FEES (Section 12.40) Single family unit $325 All other residential $250 per unit Office, commercial, industrial • $1400/acre Utility Charges (Section 3.02) 2.37 SYSTEM ACCESS CHARGES A. For sanitary sewer: as established by the Metropolitan Waste Control Commission and as agreed by the City Council at its November 17, 1981 meeting. B. For sanitary sewer - $100 per R.E.C. plus $85.((L1 1; 0 new) $200 each Metro SAC for industrial, public, office - plus $85.(0: Is neui) $300 each Metro SAC for comnerical - plus $85. ({ ; di: i; ham) For water - $300 per R.E.C. $600 each Metro SAC for industrial, public, office. (,)M $900 each Metro SAC for commercial. 2.38 USER CHARGES (:' A. Sanitary sewer - $1.10 per 1,000 gallons subject to a minimum of 6,000 gallons per quarter per R.F.C. ).6,)) (3�0 (ii,DOU.) B. Water - $.80'per 1,000 gallons subject to a minimum of 10,000 gallons per quarter per R.E.C. C. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C. D. A residential equivalent connection (R.E.C.) is one dwelling unit. E. In addition to the charges in A., B., C., and D. each R.E.C. will be billed $9.40.each three months. F. Unmetered residential sewer only use charges are $14.57 per quarter per R.E.C. plus a $4.70 fixed charge. (l.:s) SECTION 3. OTHER FEES, RATES AND CHARGES 3.1 GUIDE PLAN CHANGE $300 minimum or $5/acre - whichever is greater. 3.2 ENVIRONMENTAL ASSESSMENT WORKSHEET (E.A.W.) $300 minimum or $5/acre - whichever is greater. • 3.3 ENGINEERING SERVICES TO LAND DEVELOPERS For consultations, review of grading, utility and street plans and specifications, general and final inspection of improvements and special assessment division: Residential 50 units or less $30.00/unit (minimum $100.00) over 5 acres $20.00/unit (minimum $1,500) Comnercial and Industrial 5 acres or less $100.00 Over 5 acres $ 20.00 per acre Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. 3.4 APPEAL TO BUILDING BOARD OF APPEALS $20.00 3.5 ZONING AMENOMENI AND ZONING APPEAL (Appealing to Building Code Board of Appeals) Zoning amendment $200.00 Zoning Appeal (appeal for interpretation, variances) $ 50.00 Plus cost of review by City Staff and/or special consultants necessary as determined by the City Manager. t required. 3.6 SPECIAL ASSESSMENT SEARCHES $7.50 per parcel. No charge for Eden Prairie residents on searches of their homesteaded property. 3.7 MAPS AND PRINTING '$.50 per square foot for miscellaneous printing. $3.00 each for small size (2' x 3' or less) City maps. $5.00 each for large size City maps. $12.50/acre. for Mark Hurd Co. topography maps previously purchased by the City, except $5.00/sheet if tope map purchased by other than City and with original purchaser's permission. New order through Mark Hurd Co. - their original charge plus $.50/acre. Duplicating costs: $.50 for the first 5 pages of any file and $.25 for each additional page, plus postage, if any. $50 annual charge for City Council Minutes (pro-rated) $3? annual charge for Planning Commission Minutes (pro-rated) 3.8 COMMUNITY C-_NIER A. Ice Arena Rental - prime-time = $65/hour( f Non prime-time = $G0/hour (midnight to 8 a.m., Monday - Friday) 0to) School District Educational Classes = $15/hour School District Hockey Team Practice: prime-time = $60/hour,a cs) non prime-time = $35/hour ,! Hockey games = $65/hour (personnel required to run the games ti . ) supplied by others - school keeps 100% of the gate minus ice time and personnel costs.) Individual open skating fees 17 years and under = $1.00 18 years and older = $2.DO Family skate = $4.00/family Recommended open skating times: Monday, Wednesday & Friday from 10 a.m. to 1 p.m.; Friday nights from 8 - 11 p.m.; Saturdays from 1 - 4 p.m. and 8 - 11 p.m.; and Sunday after- noons (family skate) from 1 - 4 p.m. B. Swimming Pool Rental fee - group reservations: 25 participants or less is $25/ hour with 1 Staff person; 25 - 50 participants is $32/hour with 2 Staff persons; and over 50 participants is $40/hour with 3 Staff persons. School District Educational classes = $15/hour School District after school use (team practice) _ $20/hour Individual open swimming fees: 18 and older = $1.50 5 - 17 years = $1.00 Tots 4 years and under = $.50 (accompanied by an adult) Recommended open swimming times: Open family and adult swim- ming times would be spaced throughout the day Monday through Friday. Longer sessions would be available on Saturdays and Sundays. Hours would range from 1fz to 2'1 hours Monday through Thursday. Friday, Saturday and Sunday would range from 12 - 4 hours to accommodate family recreational swimming. C. Racquetball Courts Rental fee - School District use = $10/hour for 3 courts (includes use of available racquets and eye protectors.) D. Fitness Center Rental room #1 = $15/hour Rental room #2 = $15/hour Rental rooms h1 and #2 = $30/hour Individual use = $.50 E. Meeting Rooms Only private profit-oriented groups will be charged for use of meeting rooms. Room #1 = $10 for 11/2 hours - first floor Room #2 = $10 for 11/2 hours - first floor Rooms #1 and #2 - $20 for 2 hours - first floor Room #3 - $15 for 11 hours - second floor F. Lockers • There is no charge for lockers, but members/guests must provide own locks. G. Membership Fees • All memberships become due January 1st of any given year; member- . ships purchased after January 1st are pro-rated on a monthly basis. Swimming & Fitness Membership Family = $75 Individual = $40 Scheduled open swims are free; free use of fitness center. Skating & Fitness Membership Family = $65 Individual = $35 Scheduled open skating sessions are free; free use of fitness center. Rccquetball & Fitness Membership Family = $75 Individual = $40 $2.25 per member for racquetball court; free use of fitness center. Swimming, Skating and Fitness Membership Family = $110 Individual = $70 Scheduled open swims are free, scheduled open skating is free, free use of fitness center. Swimming, Racquetball & Fitness Membership Family = $125 Individual = $75 Scheduled open swims are free, $2.25 per member for racquetball court, free use of fitness center. Swimming, Skating, Racquetball & Fitness Membership (full Membership) Family = $185 Individual = $100 Scheduled open swims are free, scheduled open skating is free, $2.25 per member for racquetball court, free use of fitness center. H. Daily Use Fees Ice Arena - open skating 18 and over = $2.00 17 and under = $1.00 Family skate _ $4.00 per family Swimming Pool - open swim 18 and over = $1.50 5 - 17 years = $1.00 • 4 and under (accoa:panied by paying adult) = $.50 Fitness Center $.50 per day Racquetball Courts Live or work in Eden Prairie (proof required) _ $3.25 per person per hour Anyone outside of Eden Prairie = $4.00 per person per hour Persons with racquetball memberships will pay $2.25 per person per hour. I. Policy on Group Rates and Liabilities Supervision will be at the discretion of the Center Management. This will be based on the number of people to be using the Center as well as the age and type of group. Necessary life guards, building supervisor(s) and people to operate specialized equipment will be provided. Fees are $500 for City residents/groups; $650 for out of town groups. Fees are based on use of the Center from 11:30 p.m. to 7 a.m. on a lock-in basis. An insurance policy for liability is also required. The maximum number in a group is 600. Liability limits are S500,000 - bodily injury; $100,000 - property damage; and $500,000 - personal injury. 3.9 PARK FACILITY FEES Fees are based on the number of people in attendance. Eden Prairie public service groups will not be charged a fee. Groups or companies outside of Eden Prairie may reserve facilities after June 1 of the current year only if they have a branch office in Eden Prairie or have Eden Prairie residents as employees. Number of persons Fee 25 - 50 $ 25 51 - 100 $ 50 101 - 150 $ 75 151 - 200 $100 201 - 300 $150 No private group of over 300 will be allowed to reserve facilities at any park. (Maximum number at Staring Lake Park will be 150.) 3.10 ABATEMENT FEE $5.00 per parcel per year. 3.11 CITY CODE • City Code - bound copy = $25.00 City Code - Chapter 11 = $ 4.00 City Code - Chapter 12 = $ 3.00 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, and Town of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. AOOPTEO, by the City Council of Eden Prairie this 15th day of March 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL I. yy% { 3 11i M0RANDtIM T0: Mayor and City Council TIh;U: Carl Jul lie, City Manager FROM: Bob Lambert, Director of Community Services DATE: March 10, 1983 • SUBJECT: North Star Proposal At the February 21, 1983 Council meeting, Lou Nanne presented the Council with a proposal for the North Stars to construct a team locker room, showers, a training room and a laundry facility for exclusive use by the North Stars for team practices at the laien Prairie Coi nunity Center. Mr. Nanne outlined two options for accerplishiog that proposal, the first would be for the North Stars -to construct the facility and the City to give the North Stars up to 300 hours of • ice time free. The second would he for the City to construct the facility and the North Stars to purchase up to 300 hours of ice time over a ten year period that would equal the payoff of the coot of the facility. The City Council supported the genera] idea of the Nort.h Stars designating the Eden Prairie Community Center as the r practice facility and directed staff to • attempt to negotiate an equitable agreement with the North Stars. Attached to this mess..andrun is a letter to Lou Nanne dated March 7, 1983 that b;sienIly outIion:; a City staff proposal to the North Stars. On March 7, City staff met with i r. Nauue to discuss the proposal as outlined in the March 7 letter. Mr. Nanne reviewed the letter and called City staff on March 9 to propose the following: 1. The North Stars construct their own facility at their cost, and will pay for all utilities of that facility. 2. The North Stars pay the same ice rental as the School District and the Eden Prairie Hockey Association for non prime time hours. The present fro for non prime time hours (3:00 a.m-2:00 p.m., Monday thru Friday while school is in session) is $30 per hour. The North Stars request that the City commit to this $30 per hour fee for the first five years of the contract. Years six thru ten would be adjusted to whatever the City has negotiated with the School District for non prime tiro hours for that sixth year. The North Stars would only use non prime time hours (early September thru early October would he considered non pride time). The North Stars would use up to 300 hours per year. Practice time after training camp would he aid-clay hours • l:enerally between 10:00 a.m. and 2:00 p.m. 3. The North Stars request the City to consider joining the North Stars in a North Star/Eden Prairie summer hockey school that would he run by Dick i'raa, the North Stars Skating Coach, and by the North Star players. The City and the North Stars would split the net profits of this skating, school. 'ibis school would begin in the sunnier of 1984. 4. The City would own the building on completion of the ten year lease agreement. /ON _2_ S. The North Stars request the right to provide two intrasquad games • during prime time hours. The North Stars would pay the prime time ice fee. The North Stars would receive the gate admission. The City would receive all revenues from the concession. 6. The North Stars also request the right to charge a fee to spectators during the training camp (September to early October). This fee is necessary to help defray construction costs. 7. The North Stars also request that the North Star players, coaches and trainers be given a swimming, reacquethall and fitness membership to the Community Center. 8. Within the lease agreement, if the City requires an option clause that would in affect allow the City to buy out the lease agreement, the cost of that buy out would be to reimburse the North Stars for their investment in the facility and with a one year notice. 9. The North Stars request the City to allow their organization IRB's for the construction of the facility. Mr. Nanne has indicated that these are basically the terms the North Stars feel they must have to proceed with this proposal. Mr. Nanne will be meeting with the owners of the North Star Organization t:o finalize cost estimates and their own cash flow projections within the next week. If the Council accepts the terms proposed by the North Stars, and if their cash flow projections indicate a positive direction, Mr. Nanne is fairly certain that the North Stars would agree to proceed with this proposal. The City staff feel that this proposal is fair to the North Stars as well as to the residents of the community. The North Stars are given the same rates as the School District and the Hockey Association. The only concession really being that we would give their players and coaches a free swimming and racquetball membership to the Community Center. This represents a cost of less than $2,000 per year. The estimated revenue generated by the North Stars would be approximately $9,000 per year, plus at the end of ten years the City owns a facility that is worth approximately $135,000. Perhaps the best benefit of all is the national exposure 'that our community would gain from having another professional athletic team basing their team practice facilities within our community. City staff recommends the City Council support this proposal. BL:md • i is fF T-tr-; i,;, 13950 eden proirie rd./edenprairie,mn 55344-2499 • • {Jrl'-'71r l l:' community r ` services D37-2262 Director March 7, 1983 Robert A lambert Recreation Supervisor Sandra F.Warts • Park Planner Lou Nannc, General Manager Stephen a Cmhoon Minnesota North Stars Met Center Park Maintenance/ 7901 Cedar Ave. South ' W�-ed Control V,esUunsmor[ Bloomington, Minnesota 55420 • Forester Rh: Eden Prairie Community Center Stuart A.Fox Dear Mr. Nanne: • 'senior Center On Tuesday, February 21, you indicated to the Eden Prairie City 13768Hesearch[load Council that the Minnesota North Stars would he willing to construct 941-8336 team locker rooms, showers, a training room, and a laundry facility for exclusive use by the North Stars for team practices at the Eden Hui. Services Prairie Community Center under one of two methods: Jan Flynn 1. The North Stars would construct the facility and the City would agree to free use of up to 300 hours community C'ntet of ice tire for a ten year period. The ice time 16700 Valley View Ho•d would be basically throughout the day during 937-8727 September and basically morning or early a fternoon • practices October 1 through March 30th. The City Marger would own the facility with no strings attached Cnarles J Pappas at the end of ten years. Aquatics Supervisor 2. The City would construct the basic facility (the Joy Herrington North Stars would pay for the lockers and all other Ath•:icCoordinator equipment within the facility), and the North Stars 9 7-989.t would agree to purchase up to 300 hours of ice time StuAlixander over a ten )'ear period that would equal the payoff of the cost of the facility. The City of Eden Prairie is aware that several other communities arc interested in having the North Star Professional Hockey Team establish their practice facilities in their community. 'lice City of Eden Prairie .is also interested in this proposal; however, the City cannot offer the North Stars or any other private organizatio • n a better deal on the use of public facilities than it offers its • j own citizens and School District. The School District also wished to construct a team locker room for use by its high school hockey tearn. The City constructed the locker room and gave the School District three years to pay off the cost (with interest). The City also charges the School District $30 per hour for use of the ice facilities during non prime time hours, and • Lou • Nanne -2- March 7, 1983 • $5 per hour loss than the going prime time rate during prime time hours. These are substantially the same terms the City could offer the North Stars. 1. The North Stars must construct their own facility. 2. The North Stars must pay the same ice rental as the School District and the Wen Prairie Hockey Association: • a. During non prime time hours - 3:00 A.M.-2:00 P.M. $30 per hour. b. During prime time hours $5 per hour less than the prime time rate. c. The City would consider training camp (early September • through early October) non prime time hours. d. These rates are adjustable on an annual basis. The North Stars would be given the same rates as the Eden Prairie School District :'nd the Eden Prairie Hockey Association. 3. The City must own the building upon completion and would enter into a lease agreement with the North Stars for $1 per year for ten years. At the end of ten years the lease for the locker rooms, etc. would be • renegotiated. 4. The City would also request the North Stars provide two intrasquad scrimmages during prime time hours. The City would provide free ice time. if the City would decide to charge admission, the City would receive all revenue:: from the gate and concession. 5.• All North Star players and personnel would have the option of purchasing a membership at the Eden Prairie Community Center. 6. Within the lease agreement, the City would want an option clause that would, in affect, allow the City to buy out of the lease agreement if for some reason this arrangement is not working out. 7. In our preliminary review it appears as though the City could offer IRR's to the North Stars for construction of the facility. If this consideration interests the North Stars, they should hire a bond counsel for review. The previously listed terms arc offered by.City Staff and are subject to approval by the City Council, and to legal counsel opinion on the scope of the City's authority. I wish to assure you that the City of Eden Prairie strongly supports the concept of having the North Stars use the Eden l'riaric Community Center. However, I'm sure you will agree, the City must be consistent in it's policy on fees and charges and could not with good conscience offer any private organization the use paying of the facility at a rate less than it charges its own citizens who arc for the costs of the construction of the facility with their tax dollars. • Lk4' • Lou Nanne -3- March 7, 1983 In order not to delay the North Stars in this process, the Eden Prairie City Council agreed to consider your decision on this proposal at their March 15, 1983 meeting. If you have any other terms that you would like to propose the Council consider, I would appreciate having them no later than 10:00 a.m. on Thursday, March 10, so they might be included in the Council packet that goes out on Thursday afternoon. • Thank you for your consideration of this proposal. • Sincerely, • CITY OF EDEN P IR1E Robert A. Lambert Director of Convnunity Services RAL:md • • 114 • MEMOIlANDIIM • TO: Mayor and City Council WRU: Carl Jullie, City Manager • FROM: Sandy Werts, Recreation Supervisor DALE: March 10, 1983 SUBJECT: Selection of a Restoration Architect In December the City Council authorized the Eden Prairie Restoration Committee to begin the process for the selection of an architect to complete the restoration plans for the J.R. Cummins Homestead. The committee invited eleven architectural firms, with a background in restoration work to submit a proposal. Four firms replied to the request. On March 2, 1982, a review committee composed of Carol (lone, Mona I-inholt, Jeff Ilolie and Ann Wilson, all mc!,.bers of the Restoration Committee, and Bob Lambert and Sandy Worts, Cotaz unity Services Staff, interviewed the firms of MacDonald and Mack Partnership and Biller Uumtiddic Architects, Inc. Aft or vi kg a slide presentation of each company's work and evaluating the arch- itect'a replies to the committee's questions, the committee's consensus was to recommend the select ion of MacDonald and Mack Partnership. Although, Miller Dunwiddie Architects, inc. coniplated the feasibility study for the restoration of the building, the committee felt that MacDonald and Mack Partnership had worked on projects more directly related to the J. R. Cummins Homestead. hacPcmald and 1'ae''. p:,:tn-:rship is composed of two architects,, ftuart MacDonald and Robert Mack. liistoric restoration and adaptive reuse is I00% of their work. They do not design or build ❑ew buildings. They do all the research and design work for each of their projects. The committee was impre:;seed with their willingness and ideas in working with voluntecrs, their interest and energy, and their previous experience which is all contained in the proposal and prospectus included with the proposal. Although, the firm of Miller Dunwiddie Architects has an equally impressive back- ground, over 9O°1, of the work on the restoration project will he done by members of the firm under the supervision of Foster Dunwiddie. At this time, it is not • known who the project architect would be. At their meeting on Thursday, March 3, 1983, the Historical and Cultural Commission made the fol lowing recommendation: MOTION: The Historical and Cultural Commission recommends the hiring • of the MacDonald and Mack Partnership for architectual services for the restoration of the .1. R. Cummins Homestead. The motion was moved by Piniuolt and seconded by Brill. The motion passed unanimously'. In the initial proposal, MacDonald and Mack estimated their "not to exceed" fee for services to be S19,500, as compared to $16,500 front Miller Dunwiddie Architects, Inc. '11tis was based on their first react ion to the proposal without having discussed the specific services with staff. Staff suggests that the CounciI approve the recommend:ition of the Hi:ti'rical and Cultural Commission to hire the firm of MacDonald and Mach Partnership and not to approve a fee for service at this time so as to allow :staff to negotiate the final cost. 1^ II EDEN PRi 6► F ...�..,,,,, COMMUNITY Y CENTER �'► _;' '`: • 16700 VALLEY VIEW ROAD / EDEN A55344 / 937-8727� COORDINATOR: 937-9894 MEMORANDUM TO: Mayor, City Council and City Manager THRU: Mr. Robert Lambert, Director of Community Service /J i FROM: Charles J. Pappas, Community Center Manayer///� DATE: March 9, 1903 SUBJECT: EPAA Membership request The Eden Prairie Athletic Association•has, again, requested the City of Eden Prairie to donate a family membership to the Community Center for the EPM Pancake Breakfast Raffle. EPAh kegtstrati.onu total. 2,156 in Basketball, Football, Soccer, Baseball and Girls Softball, Basketball.and Volleyball. These registrations cover a wide variety of the population of Eden Prairie. The ElAA requested, and was granted, the membership last year. Four • additional requests were made for donations of memberships by other groups. It was explained that requests would have to be channeled through the City Council for approval. There was, to staff knowledge, no follow up to these requests. Staff recommends the donation of this membership for the fine, broad based programs of the EPAA. CJP:clp ' I 1 • • • `l J U • MEMORANDUM TO: Mayor and City Council TIIRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: March 10, 1983 SUBJECT: Staring Lake Park Trail After reviewing the Staring Lake Park agreement, our City Attorney has suggested that the City Council approve the easement agreement with the following suggested changes: 1. Under the Terms and Conditions listed number 1, the City should request School District No. 287 to remove the ten year time limit. The City will be making a substantial investment in this portion of the trail with the construction of the bridges and the trail across School District property, and would hope that this trail system, providing public access around the entire lake, would be a permanent facility as long the City of Eden Prairie met the other terms and conditions 'of this agreement. 2. Under item 9 of Terms and Conditions, our City Attorney points out that our insurance covers the City if we are negligent; therefore, the City Attorney requests the language of this agreement be changed to the following "including but not limited to t he cost of expense, arising di rectly or indirctly out of the City's negligence in either the design of the pathway, its construct ion activities or its maintenance of the easement". 3. legal counsel also suggests that the City Council request the • District to consider changing the language in item 11 of the Terms and Conditions that refer to terminating the easement if the City does not "comply with all th" terms and conditions herein set forth". The City Attorney suggests that this agreement provide language that requires thee District to notify the City of any conditions that are occurring that would allow termination of the agreement, and give the City b0-90 days to remedy the situation. The Parks, Recreation and Natural Resources Conunission reviewed this proposal on 'Larch 7 and had the same concerns regarding the termination notice and recommended approval subject to City Attorney recommendations. Staff requests the City Council to approve the easement agreement in concept, subject to the recommendations of the City Attorney. Upon approval by the City Council, staff would forward these recommendations to School District 287 legal counsel and request their Board of Directors to approve the changes suggested by the City. The final draft would then he again submitted to the City Council for approval and signature, Bi.:md MEMORANDUM 7D: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullic, City Manager FROM: Bob Lambert, Director of Community Services • DATE: March 3, 1983 SUBJECT: Staring Lake Park Trail Easement Agreement Attached is a Memorandum of Understanding and a Draft Easement Agreement Between Joint Independent School No. 287 and the City of Eden Prairie. This Memorandum of Understanding and Easement Agreement is for the construction and maintenance of a trail system across the District's property adjoining Staring Lake Park. This segment of trail across District property is nec- essary to cou.plcte the trail system around the lake. The City intends to construct an asphalt trail for pedestrian and bicycle use, and anagiirne trail for equestrian use within the easement area. The City will construct a bridge across Purgatory Creek near the outlet of Staring Lake, and north of the• inlet on the north side of the lake. The bridges will be used for pedestrian and bicycle traffic only. The City commits to construction, maintenance, liability and policing of this segment of trail, as it does with the rest of the trail systems through- out the City. City staff requests the Commission and Council to review and approve this Memorandum and Easement Agreement. The City intends to construct this trail system in three phases over a three year period. The bridges and the trail system across School District property would be constructed in 1983. B I.:and • • • y) • I Ir'.i•n• • • (Meng: • d I•n h,i,ni.d • • !!A Past Bank Place WeAI February 16, 1983 • 1.'.•'.ca pops N•.^esuta 5 4U2 • • ,!;,hone C12 333 0573 Mr. Robert A. Lambert • ca,+nnt. Lcn,ccre P l r�U.a Director of Community Services F.':':•rl J C ;On,icn City of Eden Prairie ' nE ['lava 8950 Eden Prairie Road J Kr.1nnc'dy r r rm,,n Eden Prairie, Minnesota 55394 • G.in E. l'imluo :nord J s'.I"'der RE: Starring Lake Park Trail c-3•I0 I. t errvenr heart P L,Iler III ?•re1J SL irel Dear 41r. Lambert: A•:•y J.Filorl.luid • l;:r•cw1 N•Ann I enclose a draft. Memorandum of Understanding and a c url eavo,alo draft easement agreement between Joint Independent :ra^IA N,nh School District Po. 237 and the City of Eden Prairie. • L_•••H Konowk • LCC. I_nr.l Both drafts have been reviewed by the school district E o 1.1utnn and have been approviod in their present form. I have subsi:anti,nll rewritten the earlier drafts. You should contact Dr. Carter with regard to the center • - line survey. At this point, it appears that the students may be able to provide that survey. Please direct your comments conccrniny the Memorandum and draft easement • to me. Very truly yours, LePevcre, Lefler, Kennedy, O'Brien & Drawz By Glenn E. Purdue GEP:jdn Enclosures • CC: Dr. Ron Carter • • • • Ll» • • MEMORANDUM OF UNDERSTANDING • • This memorandum states the terms of an agreement between • Joint Independent School District No. 287 (District) and the City of Eden Prairie (City). City is desireous of soliciting bids, letting contracts and otherwise preparing for construction of a trail system across District's prrTerty adjoining Starring Lake Park and requires assurance that District will grant a suitable • easement for the trails when a centerline description of the easement area is available. City and District have agreed that District will grant City an easement for trail purposes in the form of Exhibit A hereto when a description of the easement area is available. No payment • shall be required of City for the grant of. easement. District will undertake to provide a centerline description of the easement area to be included in the grant of easement, but District will not be liable for the consequences of any error or ambiguity in said description. District and City will mutually • • select the centerline or centerlines of the casement areas, and District will use its best efforts to complete the survey and • description but will not be liable for or responsible for the • • consequences of delay in completing the description. District hereby grants City the right to enter upon the land described in Exhibit A for purposes of design, survey, staking and soils and other necessary investigation of conditions or preparation for construction. Dated: City of Eden Prairie Joint Independent School District No. 287 ByBy � 014111''J ier://1/ ale Its Chairman C • 2 Li1'1, [Draft of 1-19-83] EASEMENT AGREEMENT • This Easement Agreement made this day of 1983, between JOINT INDEPENDENT SCHOOL DISTRICT NO. 287, a • Minnesota independent school district (hereinafter referred to as Grantor) and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as City). WITNESSETH: • That the Grantor does hereby grant and convey unto City an easement for the purposes of constructing and maintaining a public walkway, ski trail, bicycle trail and a horse path, collec- tively referred to as "the pathways", within the easement area hereinafter defined, over and across the following described • parcel of land situated in the County of Hennepin, State of Minnesota, to-wit: Description of Parcel. A tract of land described as: That part of the East Half of the Southeast Quarter and of Government Lots 2 and 3 in Section 22, Township 116, • North, Range 22; and that part of Northeast Quarter of • the Northeast Quarter of Section 27, Township 116 North, Range 22, described as beginning at a point in the South line of. said Section 22, distant 80.8 feet West of the Southeast corner•thereof; thence East 80.8 feet to the Southeast corner of said Section 22; thence North along the East line of said Section 22, to a point therein distant 876 feet South of the East Quar- ter corner of said Section 22 which point is marked by • a Judicial Landmark; thence Westerly parallel to the North line of said Northeast Quarter of the Southeast • Quarter and the North line of Government Lot 3, a distance of 1720.2 feet to a point, which point is • marled by a Judicial Landmark; thence Northwesterly • deflecting to the right at an angle of 57 degrees 11 11:1�,� , minutes a distance of 131.2 feet to a point, which point is milled by a Judicial. Landmark; thence North- westerly, deflecting to the right at an angle of 0 degrees 51 minutes, a distance of 357.6 feet to a point, which point is marked by a Judicial Landmark; thence Northwesterly deflecting to the right at an angle of 20 degrees 31 minutes, a distance of 106 feet to a point, which point is marked by a Judicial Land- mark; thence Northwesterly 384.4 feet, more or less, in a straight line to a point in the North line of said Government Lot 3, distant 2128.15 feet West of the Northeast corner of said Northeast Quarter of the Southeast Quarter, which point is marked by a Judicial Landmark; thence Westerly to the North and South Quar- ter line of said Section 22, which point is marked by a Judicial Landmark; thence Southerly along said Quarter line to the shore line of Starring Lake to a point, which point is marked by a Judicial Landmark; thence Southeasterly, Southerly and Southwesterly along said shore line to said Quarter line to a point which point is marked by a Judicial Landmark; thence Southerly along said Quarter line to the South Quarter corner of said Section 22; thence Easterly along the South line of said Section 22, to a point therein distant 249.2 feet West of the point of beginning, which point is marked by a Judicial Landmark; thence Southerly parallel with the East line of said Section 27 a dis- tance of 4.12.09 feet to a point which point is marked by •Judicial Lanchaark, thence Northeasterly along a curved line, being a 4 degree curve and concave to the Southeast, a distance of 510.56 feet to the point of • beginning, according to the Government Survey thereof. Except that part of said East Half of the Southeast Quarter of Section 22 and of said Northeast Quarter of the Northeast Quarter of Section 27, which lies wester- ly of the westerly right of way line of Trunk Highway • No. 169 as now located and established and easterly of a line run parallel with and distant 110 feet westerly • of Line 1 described below: • Line 1. Beginning at a point on the easterly exten- sion of the east and west quarter line of said Section 22, distant 0.12 feet east of • the east quarter corner thereof; thence run • southerly at an angle of 91 degrees 01 minutes 21 seconds from said easterly exten- sion (measured from west to south) for 2179 feet; thence deflect to the right on a tangen- tial curve having a radius of 1432.39 feet and a delta angle of 41 degrees 57 minutes 14 seconds for 10418.85 feet and there termi • - nating; • • And except that part of said East Half of the Southeast Quarter of Section 22 adjoining and westerly of the above described strip which lies northerly of the following described line: From a point on Line 1 described above, distant 890.68 feet southerly of its point of beginning, run westerly at right angles to said Line 1 for 110 feet to the point of beginning of the line to be described; thence continue westerly on the last described course for 130 feet; thence run south • - westerly to a point distant 340 feet westerly (measured at right angles) of a point on said Line • • 1, distant 1,000.68 feet southerly of the point of • - • beginning; thence run westerly to a point distant • 520 feet westerly (measured at right angles) of a point on said Line 1, distant 1,000.68 feet south • - erly of its point of beginning; thence run norther • - • ].y parallel to said Line 1 for 180 feet and there terminating; The boundary lines of the land herein described are marked by Judicial Landmarks set pursuant to Torrens Case No. 17159. (Affects certificate no. • 601450. ) - - • Description of Enoement Area. [To be described as 12 feet on either siec of a defined centerline or center • - lines.] The above easement is subject to the following terms and condi- tions: 1. The grant of easement shall be effective as of the date hereof and, unless terminated earlier under the provisions of paragraph 11, shall remain in effect until the tenth anniversary of the execution of this document. On and after said anniver- sary, Grantor may terminate said easement without cause, by • • giving City at least 30 days prior written notice of termination. 2. The City may construct the pathways from any materials • • that it deems appropriate, except that materials which are likely • 3 to'be carried off the easement area by surface water or wind, such as wood chips or bark, shall not be used. 3. City acknowledges and agrees that Grantor shall not incur any expenses or liability as a result of the design, con- struction, use and maintenance of the pathways or the easement area, which shall be the City's sole responsibility. City shall be solely responsible for obtaining and observing the conditions of any required permits and shall observe all laws relating to the pathways. 4. No motor vehicles may be operated within the easement • area, except vehicles operated by or for City, and by or for • Grantor in furtherance of its activities. City shall be solely responsible for policing the prohibition against motor vehicles. 5. Notwithstanding anything to the contrary herein implied or expressed, Grantor reserves for its agents, assigns, faculty, and student body, the right to cross over any portion of the easement area at all times and places, by any method of convey- ance, and to construct at Grantor's expense temporary or perma- nent driveways or other types of crossings so long as any such crossing movements or facilities do not substantially interfere with the City's proper uses of the easement area. 6. No structures, except bridges and associated facilities and signs, shall be placed in the easement area without prior written consent of. Grantor, and Grantor may remove, at City's expense, any structures found in the easement area the placement of which has not been approved in writing by Grantor. 4 la,r2 ' 7. On request of Grantor, City shall install, at its expense, signs as approved by Grantor along the edged of the easement area indicating that the land beyond is private property and forbidding entry thereon. 8. All materials or debris resulting from any clearing or construction within the above described easement area will be disposed of by City at its sole expense. No trees shall be removed or destroyed without the consent of Grantor. • 9. City shall at all times maintain the premises within the easement area in a safe and clean condition, free from debris and refuse, and shall save, defend and hold the Grantor harmless from any and all claims, suits, damages, losses, liabilities, and costs, including but not limited to the costs of defense, arising directly or indirectly out of City's design of the pathways, its construction activities, or its use or maintenance of the ease- ment area. • 10. City agrees to provide adequate police or other appro- ' priate supervision of the easement area, and to take all other appropriate measures, so as to minimize to the extent reasonably possible use thereof by unauthorized motor vehicles, and to similarly minimize trespasses on Grantor's property adjoining the easement area. In this regard, City's agents are authorized to • enter onto Grantor's adjoining land for the purpose of enforce • - ment of these provisions. City also agrees to remove litter • arisingout of use of the pathways from Grantor's adjoining land. 5 L� Q ' 11. In addition to the termination without cause provided for in paragraph 1, the public easement created hereby 'shall be terminable if the easement area is not maintained and used in a substantial manner for the purposes set forth herein during any consecutive twelve-month period of time. The easement created • hereunder shall also be terminable in the event that City does not comply with all of the terms and conditions herein set. forth. • The grant of easement shall terminate 30 days after receipt by City of written notice of termination. The notice shall specify the basis for the termination. 12. Upon termination of this easement, City shall promptly • remove all its improvements, trails and surfacing, and restore • the land to its original condition so far as reasonably possible. Upon termination, City will provide Grantor with a recordable quit-claim deed, conveying all its right, title and interest in • the casement area and parcel to Grantor. This. agreement and grant of easement is personal to City, and is not assignable by City. Rights of Grantor shall run to its successors and assigns. IN TESTIMONY WHEREOF, Grantor executes this easement the day and year first above written, and City accepts the rights and responsibilities stated herein. • 6 q(01 • JOINT INDEPENDENT SCHOOL DISTRICT • NO. 287 .,•tdo man P. FriC•derichs, Chairman This instrument drafted by: Glenn E. Purdue LeFevere, Lefler, Kennedy, O'Brien & Drawz CITY OF EDEN PRAIRIE 2000 First Dank Place West Minneapolis, MN 55,102 . (612) 333-0543 By Wolfgang H. Penzel, Mayor State Deed Tax Due Eereon: $None ---- By Carl Jullie, Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /0 ` day of ,•.,.,. 1983, by Norman P. Friederichs, the Chairman of the school Board of JOINT INDEPENDENT SCHOOL DISTRICT NO. 287, a Minnesota independent school district, on behalf of the board. • • • llLf ' No ry Public STATE OF MINNESOTA ) SS. • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, an Carl Jullue, the Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the city. Notary Public 7 • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 15, 1983 CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER Antco Construction Co. Genz-Ryan Plumbing & Heating Benson-Orth Associates Marsh Heating & Mr Conditioning GSB Investments Dale Sorenson Co. Hoyt Construction Co., Inc. Steins, Inc. Welsh Construction PRIVATE KENNEL LICENSE .CONTRACTOR (1 &_2_FAMILY) --- — "— -- —' Dennis Peterson (renewal, see attached) Alladin Pools, Inc. Design Concept Construction John Muehlberg & Associates Tampa, Inc. PLUMBING Bardwel1 Plumbing L. J. Ki,t.z The P1u:Liing P1r,ce Dale Sorenson Co. Steins, Inc. Widmer Brothers, Inc.. WELL DRILLING Donald Rogers HEATING & VENTILATING Acme Sheet Metal Blaine Plumbing & Heating Genz-Ryan Plumbing & Heating Paul Iemnke & Son Marsh Heating & Air Conditioning Steins, Inc. These licenses have been approved by the department heads responsible for the licensed activity. Pat Solie, Licensing • tia • ::ITYOffICES/5950EDEN PIMA ROAD/LUEN PRAIRIE.MINNESOTA55344/TELE PHONE J512J937.2252• al • • • • • • • May 21, 1981 Eden Prairie Resident. The City Ordinance under which you were granted a private kennel license (wore than 2 dogs) contains a provision that the minimum lot size for a private kennel is one acre. Our records indicate your lot is less than the one acre minimum. The City Council has indicated that persons holding private kennel licenses under these circumstances will continue to be granted licenses only as long as the sane animals now under the license continue to be housed at your residence. if for instance an animal strays away it should not be replaced. When the number of dogs is 2 or less a private kennel license will no longer he necessary. Thank yost 9q, —Pat colic Licensing Clerk • 1 1 • • LI G 1 CITY OF EDEN PRAIRIE DOG REGISTRATION Tag Application Date • _ For Calendar Year 192S 2 Owner's Name_...7)c_na -.LJ1 1",r1 Address k / R CLI_ Phone . B 7 fz7; Dog's Name_ Age Si Years Sex: ®MALE °FEMALE Predominate Color Whije.C- Special Markings Rabies Vaccine by RLP.1 D eLI ,2 27:L Vaccination No OnstructIons on Reverse Side! • . . TY,Sr 7?AIRIE. DOG REGISTRATIOP Tag No. Application Da te__1 _3L _ ' _ For Calendar Year 19_g 3 Owno's n Address_ c t_ 1.) :Er I _Phone 099s Ndnie G Age. Yea rs Sex: °MALE °FEMALE Predomin:!to Color(114-4',r Special Markings. Breed her 10 yr_ Rabies Vaccine by.)fi ••1 Date._ I_ Vaccination No. le rie (Inssi.iirtions on Reverse Sidel • CITY OF EDEN PRAIRIE DOG REGISTRATION Tag No... 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